01.
Approved Permit Required. An
approved right-of-way encroachment permit shall be required for all portable
objects or signs, memorials, urban improvements, landscaping, farming,
irrigation or drainage, mailbox stands or turnouts, recreational parking
facilities, park-and-ride lots, school bus turnouts, or structures within the
state highway right-of-way other than those authorized or installed by the
Department, or those which the government entity deems necessary for
regulating, warning, and guiding of traffic. (3-31-22)
02.
Benches, Planters, and Other Urban
Structures. Structures, including protrusions and overhangs, shall be a
minimum of eighteen (18) inches behind the face of curb. When a structure is
within a sidewalk area, at least four (4) feet of unobstructed space shall be
available for pedestrians. (3-31-22)
03.
Overhanging Displays, Canopies and
Marquees. In a curb section, encroachments shall not extend closer than
eighteen (18) inches behind face of curb. In a non-curb section, encroachments
supported by a building shall not extend more than twelve (12) inches into
right-of-way. Signs or displays shall be no lower than twelve (12) feet above
the sidewalk or ground level. Canopies and marquees shall be no lower than
eight (8) feet. (3-31-22)
04.
Landscaping, Farming and Associated Irrigation. Repair of
landscaping in the state highway right-of-way shall be the responsibility of
the permittee, and the Department will not be responsible for, or participate
in, any repair or maintenance costs. All requests for landscaping, farming and
irrigation shall require a review of current access control records for
restrictive covenants. Applications may be approved provided the following
conditions are met: (3-31-22)
a. Landscaping,
farming, and irrigation systems shall maintain the structural integrity of the
state highway right-of-way. No undercutting of the present highway fill and
ballast section nor shall access to a state highway from unprotected bare soil
be allowed. (3-31-22)
b. Unless
otherwise specified, the degree of landscaping will be limited to what is
necessary to insure that the appearance of the state highway right-of-way is
compatible with the appearance of the surrounding area and shall not interfere
with public safety and overall maintenance operations. (3-31-22)
c. Landscaping, farming, and irrigation
systems shall not disturb, obstruct, or add to the normal drainage patterns of
the state highway right-of-way. No new ditches shall be constructed without
prior approval. (3-31-22)
d.
Landscaping, farming, and irrigation systems shall not interfere with utility
installations, removals, or operations. (3-31-22)
e. Provisions shall be established for the
responsibility of future maintenance. (3-31-22)
f. Only planting of forage plants, grasses,
flowers, and shrubs with a mature height not to exceed three (3) feet will be
allowed within the clear zone of the state highway right-of-way. Type and size
of grasses, flowers, and shrubs will be determined by the Department.
(3-31-22)
g. No trees shall be
allowed within the clear zone of the state highway right-of-way.
(3-31-22)
h. All work within the
highway right-of-way shall be required to return the right-of-way to either
original condition or to the requirements of the encroachment permit as
approved by the Department. (3-31-22)
i. Irrigation systems shall be no closer than
five (5) feet from the pavement edge and shall be adjusted so water does not
cover any portion of the highway pavement. (3-31-22)
j. No grading, excavation or other ground
disturbing activities will be performed during rainy periods. If work cannot be
avoided during rainy periods, the permittee will install check dams or other
approved device(s) or structure(s) in drainage channels and provide a sediment
retention basin to avoid discharging sediment containing runoff into the
drainage system, or any wetlands, or water bodies (streams, rivers, lakes and
ponds). No work shall be performed in or adjacent to any wetland or water body
without providing the Department with copies of the appropriate permits from
the Army Corps of Engineers, Idaho Department of Water Resources, and the Idaho
Division of Environmental Quality. (3-31-22)
k. All areas within the state highway
right-of-way disturbed by construction shall be returned to its original
condition and reclaimed (re-seeded, fertilized and mulched) as directed by the
Department or delegated local highway agency. (3-31-22)
l. Appropriate best management practices to
temporarily control erosion and resulting sediment shall be used. Typical soil
surface protection practices include erosion control blankets, tacified mulches
of straw, wood fiber, paper fiber, soil amendments, or rock mulch. Typical
sediment control practices may include silt fences, fiber wattles, rock check
dams, sediment basins/ponds, inlet culvert risers, and inlet rock filters. For
further information on best management practices, contact the Department.
(3-31-22)
m. Travel lanes shall be
kept reasonably free of dirt, rocks and other debris resulting from
construction or maintenance of landscaping, farming, or irrigation.
(3-31-22)
05.
Recreational Parking and Park-and-Ride Lots. (3-31-22)
a. Parking areas shall be designed to safely
accommodate an adequate number of parking spaces as determined by the
Department. (3-31-22)
b. Access
points shall be located so that adequate sight distance is maintained for the
safety of approaching traffic and so that minimal interference with the normal
flow of traffic on the traveled way results. (3-31-22)
c. Approaches shall be constructed in
accordance with Department standards. (3-31-22)
d. Installation of fencing and delineation
should be considered to restrict ingress and egress locations and widths.
(3-31-22)
e. Unrestricted drainage
shall be provided and shall comply with Department standards.
(3-31-22)
f. Construction and
maintenance of parking areas, including snow removal shall be the
responsibility of the permittee. (3-31-22)
06.
Mailbox Turnouts. (3-31-22)
a. Mailbox turnouts in rural areas may be
combined with an adjacent approach or may be independent of the approach. For
safety reasons, the mail carrier should be able to stop out of the traveled way
whenever possible. The applicant should be required to construct a mailbox
turnout at the same time a mailbox is installed. (3-31-22)
b. Mailbox turnouts and mailbox supports
shall be constructed in accordance with Department standards. The box-to-post
attachments shall resist separation when struck by a vehicle. No massive metal,
concrete, stone or other hazardous supports shall be allowed. Owners of
mailboxes that do not meet minimum installation requirements shall be notified
that correction is required. (3-31-22)
07.
School Bus Turnouts.
(3-31-22)
a. School bus turnouts shall be
constructed with sufficient length and width to accommodate bus length and
turning maneuvers as determined by the Department. (3-31-22)
b. Turnouts shall be located so adequate
sight distance is maintained for the safety of approaching traffic and so that
minimal interference with the normal flow of traffic on the traveled way
results. (3-31-22)
c. All permitted
school bus turnouts shall include approved advance warning signs installed at
Department expense. (3-31-22)
