Title 40 — HIGHWAYS AND BRIDGES

40-101. Definitions. Words and phrases as used in this title are defined in sections 40-102 through 40-127, Idaho Code.

40-102. Definitions — A. (1) (a) "Access easement" also commonly and sometimes legally referred to as a "deeded access" means a property right running with the land and appurtenant thereto for purposes of vehicular ingress and egress at a designated location from private property…

40-103. Definitions — B. (1) "Base technical concept" means the project specific concepts and technical information provided in the request for proposals on which design-build firms will develop their technical and price proposals. (2) "Benefit primarily motor vehicles" and "prim…

40-104. Definitions — C. (1) "City system" means all public highways within the corporate limits of a city, with a functioning street department, except those highways that are under federal control, a part of the state highway system, part of a highway district system or an exte…

40-105. Definitions — D. (1) "Department" means the Idaho transportation department. (2) "Design-build contract" means a single contract between the department and a design-build firm to furnish the architectural or engineering and related design services, labor, material, suppli…

40-106. Definitions — E. (1) "Erect" means to construct, build, raise, assemble, place, affix, create, paint, draw or in any other way bring into being or establish, but does not include any of the foregoing activities when performed incident to the change of an advertising messa…

40-107. Definitions — F. (1) "Facilities" mean tracks, pipes, mains, conduits, cables, wires, towers, poles, equipment and appliances. (2) "Family" means two (2) or more persons living together in the same dwelling unit who are related to each other by blood, marriage, adoption o…

40-108. Definitions — G. (1) "GARVEE" means grant anticipation revenue vehicle, a debt financing instrument which enables states to finance state transportation infrastructure projects and to pay debt service and other bond-related expenses with future federal-aid highway apporti…

40-109. Definitions — H. (1) "Highway district system" means all public highways within each highway district, except those included within the state highway system, those under another state agency, those included within city highway systems of incorporated cities with a functio…

40-110. Definitions — I. (1) "Improved highway" means a graded and drained earth traveled way or better, to include one graded and graveled or with paved surface, and a graded and drained earth highway means a traveled way of natural earth, aligned and graded to permit reasonably…

40-111. Definitions — J. (1) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste; junk, dismantled, or wrecked automobiles, or their parts; iron, steel and other scrap ferrous or nonferrous material. (2) "Junkyard" means an establis…

40-113. Definitions — L. (1) "Lawfully maintained" means a sign maintained on private land in accordance with state law and with the consent or acquiescence of the owner, or his agent, of the property upon which the sign is located. (2) "Local highway technical assistance council…

40-114. Definitions — M. (1) "Main traveled way" means the portion of a roadway for the movement of vehicles, exclusive of shoulders. (2) "Maintain" or "place" means to allow to exist, subject to the provisions of chapter 19, title 40, Idaho Code. (3) "Maintenance" means to prese…

40-116. Definitions — O. (1) "Organizational conflict of interest" means that, because of other activities or relationships with other persons or entities, a person or entity is unable or potentially unable to render impartial assistance or advice to the department or the person’…

40-117. Definitions — P. (1) "Person" includes every natural person, firm, fiduciary, copartnership, association, corporation, trustee, receiver or assignee for the benefit of creditors. (2) "Place." (See "Maintain," section 40-114, Idaho Code) (3) "Preliminary design," as used i…

40-119. definitions — r. (1) "Reference point" means a special monumented point that does not occupy the same geographical position as the corner itself, and where the spatial relationship to the corner is known and recorded, and that serves to locate the corner. (2) "Request for…

40-120. Definitions — S. (1) "Safety rest area" means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for convenience of the traveling public. (2) "Short-listing" means the narrowing of the field of pote…

40-121. Definitions — T. (1) "Technical proposal" means that portion of a design-build firm proposal that contains design solutions and other qualitative factors that are provided in response to a request for proposals. (2) "Tourist related advertising sign" means any sign which …

40-122. Definitions — U. (1) "Unzoned commercial or industrial areas" mean those areas not zoned by state or local law, regulation or ordinance which are occupied by industrial or commercial activities, other than outdoor advertising signs, and the lands along the highway for a d…

40-123. Definitions — V. (1) "Visible" means capable of being seen without visual aid by a person of normal visual acuity.

40-124. definitions — w. "Witness corner" means a monumented point on a lot line or boundary line of a survey, near a corner and established in situations where it is impracticable to occupy or monument the corner.