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 39.03.42.801 - PROHIBITIONS

Universal Citation: ID Admin Code 39.03.42.801

Current through August 31, 2023

01. Prohibited Uses. The use of the highway right-of-way or any portion thereof for any of the following uses or purposes shall be prohibited: (3-31-22)

a. Mobile stores, mobile lunch wagons or similar businesses that stop vehicles to offer for sale or sell their wares. (3-31-22)

b. Solicitation or sale of any goods or services, attempts to serve, distribute, petition or recruit, and all associated stopping, standing or parking of vehicles (except Department-approved vending privileges in safety rest areas. (3-31-22)

c. The storage of any substance, equipment or material, including but not limited to logs, lumber, supplies or aggregates. (3-31-22)

d. The abandonment of vehicles or other large objects. (3-31-22)

e. Servicing, refueling and repairing of vehicles, except for emergencies. (3-31-22)

f. The placement of portable objects or signs (material or copy), displays, or other unapproved highway fixtures. (3-31-22)

g. Permanent, temporary or mobile structures, manned or unmanned. (3-31-22)

h. Any obstruction that creates a traffic hazard, including trees, shrubbery, fences, walls, non-standard mailbox stands, or other appurtenances. (3-31-22)

i. Signs or displays that resemble, hide or because of their color, interfere with the effectiveness of traffic signals and other traffic control devices. (3-31-22)

02. Modification of Rule. The Department may modify this rule for emergency, temporary installations for the benefit to the highway user. (3-31-22)

03. Encroachment Hazards. Encroachments shall not interfere with the safety of the highway or the visibility and effectiveness of traffic control devices, form a wall or building support, obstruct crosswalks or wheelchair ramps, or force pedestrians into the highway. (3-31-22)

04. Board Jurisdiction. The Board, by and through the Department, may consummate agreements with cities and villages whereby they may exercise their police powers on those matters within their jurisdiction. (3-31-22)

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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