Title 58, PUBLIC LANDS
14 chapters · 160 sections in this title.
Idaho Code § 58-1301 Encroachment on navigable lakes — Legislative intent
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58-1301. Encroachment on navigable lakes — Legislative intent. The legislature of the state of Idaho hereby declares that the public health, interest, safety and welfare requires that all encroachments upon, in or above the beds or waters of navigable lakes of the state be regula…
Idaho Code § 58-1302 Encroachment on navigable lakes — Definitions
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58-1302. Encroachment on navigable lakes — Definitions. (a) "Navigable lake" means any permanent body of relatively still or slack water, including man-made reservoirs, not privately owned and not a mere marsh or stream eddy, and capable of accommodating boats or canoes. This def…
Idaho Code § 58-1303 Encroachment on navigable lakes — Powers of state land board
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58-1303. Encroachment on navigable lakes — Powers of state land board. The board of land commissioners shall regulate, control and may permit encroachments in aid of navigation or not in aid of navigation on, in or above the beds or waters of navigable lakes as provided herein.
Idaho Code § 58-1304 Encroachment on navigable lakes — Rules and regulations
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58-1304. Encroachment on navigable lakes — Rules and regulations. The board may adopt, revise and rescind such rules and regulations and issue such general orders as may be necessary to effectuate the purposes and policy of this chapter within the limitations and standards set fo…
Idaho Code § 58-1305 Noncommercial navigational encroachments — Procedures — Repairs — Forms
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58-1305. Noncommercial navigational encroachments — Procedures — Repairs — Forms. (a) Applications for construction or enlargement of navigational encroachments not extending beyond the line of navigability nor intended primarily for commercial or community use shall be processed…
Idaho Code § 58-1306 Nonnavigational or commercial navigational encroachments — Community navigational encroachments — Navigational encroachments beyond line of navigability — Application — Procedures — Publication of notice — Hearing — Appeals — Reconsideration — Criteria priority
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58-1306. Nonnavigational or commercial navigational encroachments — Community navigational encroachments — Navigational encroachments beyond line of navigability — Application — Procedures — Publication of notice — Hearing — Appeals — Reconsideration — Criteria priority. (a) Appl…
Idaho Code § 58-1307 Fees for specified permits — Costs of publication
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58-1307. Fees for specified permits — Costs of publication. Application for a permit for any noncommercial navigational encroachment shall be accompanied by a nonrefundable fee of up to five hundred dollars ($500). Application for a permit for any noncommercial nonnavigational en…
Idaho Code § 58-1308 Penalty for violation — Injunctive relief
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58-1308. Penalty for violation — Injunctive relief. (1) Any person who violates any of the provisions of this chapter or any valid and authorized regulation, rule, permit or order of the board, or, where notified by personal service or certified mail of such violation and thereaf…
Idaho Code § 58-1309 Restoration — Mitigation of damages
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58-1309. Restoration — Mitigation of damages. Any person legally found to be wrongfully encroaching on, in or above the beds or waters of a navigable lake shall, in lieu of or in addition to penalties provided herein, be directed by the court to restore the lake to as near its co…
Idaho Code § 58-1310 Existing rights unaffected
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58-1310. Existing rights unaffected. This act shall not operate or be so construed as to impair, diminish, control or divest any existing or vested water rights acquired under the laws of the state of Idaho or the United States, nor to interfere with the diversion of water from l…
Idaho Code § 58-1311 Disclaimer of state property rights in private lands
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58-1311. Disclaimer of state property rights in private lands. While the state asserts the right to regulate and control all encroachments, navigational or nonnavigational, upon, in or above the beds or waters of navigable lakes as provided for in this act, nothing contained in t…
Idaho Code § 58-1312 Permitting of existing encroachments
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58-1312. Permitting of existing encroachments. (1) Unless otherwise prohibited, every person seeking a permit for a navigational or nonnavigational encroachment constructed prior to January 1, 1975, shall provide the board with substantive documentation of the age of the encroach…