Idaho Administrative Code
Title IDAPA 39 - Transportation, Department of
Rule 39.03.42 - RULES GOVERNING HIGHWAY RIGHT-OF-WAY ENCROACHMENTS ON STATE RIGHTS-OF-WAY
Section 39.03.42.700 - APPLICATION FEES

Universal Citation: ID Admin Code 39.03.42.700

Current through September 2, 2024

01. Fee Administration. Fees for applications for permits will be based on the Department's cost to produce the permit and administer the program. Fees for permits are not refundable in the event of denial of the permit or in the event the permittee fails to comply with the permit. Applications will not be processed until all applicable permit fees are received.

02. Fee Schedule. The permit application fees will be as follows:

a. Approaches:

Land Use Category

Permit Application Fee

Residential, < 100 units (includes farm and field approaches)

$50

Residential, > 100 units

$100

Retail, < 35,000 sq. ft.

$50

Retail, > 35,000 sq. ft.

$100

Office, < 50,000 sq. ft.

$50

Office, > 50,000 sq. ft.

$100

Industrial, < 70,000 sq.ft.

$50

Industrial, > 70,000 sq.ft.

$100

Lodging, < 100 rooms

$50

Lodging, > 100 rooms

$100

School (K-12)

$100

b. Encroachments other than approaches: fifty dollars ($50).

c. Utility Permits:
i. Non-interstate: new, modify, relocate with no prior easement rights, fifty dollars ($50).

ii. Interstate: fees will be addressed at the time of application.

iii. Interstate and non-interstate: maintenance or emergency repairs with no prior easement rights - No Charge

iv. Interstate and non-interstate: new, modify, relocate with prior easement rights within an ITD State highway project) - No Charge.

03. Miscellaneous Costs. In addition to the application fee, the Department may require payment of costs associated with the following:

a. Study or appraisal review; or

b. Appraisal fees required to establish the value of property for new, additional, modification in design or use, or relocation of approaches or other encroachments in a controlled access highway.

c. Inspection fees may be charged at the discretion of the District Engineer when substantial inspection time will be required to monitor and accept work done within the right-of-way. This includes wages, travel, subsistence and other expenses incurred. The intent is to recover only Department costs. When the inspection fee is to be assessed, it will be stipulated under the application's special provisions. Travel time in excess of one (1) hour, a loaded payroll rate, vehicle rental cost, subsistence, and other expenses incurred. If additional inspections are required, the permittee will be billed a flat fee as determined by the Department at the time the permit is issued.

d. A performance bond may be required of an applicant at the discretion of the Department. The purpose of this bond is to guarantee completion of the work in accordance with the requirements of the permit. The bond amount should be large enough to cover costs to correct potential damage that might be caused by the permittee. The bond will be executed by a surety company authorized to conduct business in Idaho.

e. Construction of highway modifications or improvements, including but not limited to signals, illumination, signs, pavement markings, delineation, guardrail, and culverts;

f. Changes or adjustments made to highway features or fixtures; or

g. Expenses relating to photocopying highway plans, permits or related documents.

04. Waivers. Permit fees may be waived and the justification included with the application for:

a. Approaches resulting from right-of-way negotiations that are included in plans and completed during construction of a highway project.

b. Government agencies.

c. Agricultural uses of the right-of-way as included in the right-of-way agreement.

d. Approaches and other encroachments where direct benefit to the Department is gained.

e. Utility adjustments or relocations per project utility agreement, or requested by the Department, or utility maintenance and emergency repairs.

Effective July 1, 2024

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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