Title 40, HIGHWAYS AND BRIDGES

40-317. Powers and duties — Cooperative efforts. The board may: (1) Cooperate with, and receive and expend aid and donations from, the federal government for transportation purposes and receive and expend donations from other sources for the construction and improvement of any st…

40-318. Limitation of political activity. (1) No officer or employee of the department or board shall: (a) Use his official authority or influence for the purpose of interfering with an election to or a nomination for office, or affecting the result thereof; (b) Directly or indir…

40-319. Good faith of state pledged to appropriation. For the construction and maintenance of highways as may be eligible for federal aid funds, excepting turnpike projects, the good faith of the state is pledged to make available funds which combined with funds made available by…

40-320. State highway construction and right-of-way costs borne by state — Exceptions. All costs of constructing, reconstructing and acquiring rights-of-way for highways in the state highway system shall be borne by the state. However, when a county or incorporated city in which …

40-321. Commercial enterprises on prohibited access highways prohibited — Exception — Connecting service highways. No commercial enterprise or activity for serving motor vehicle users, other than emergency services for disabled vehicles and vending machines permitted under the pr…

40-322. Directive on implementation of the federal REAL ID Act of 2005. (1) The legislature finds that the enactment into law by the U.S. congress of the REAL ID act of 2005, as part of public law 109-13, was adopted by the U.S. congress in violation of the principles of federali…

40-401. Turnpike projects. The board is empowered to construct, maintain, repair and operate turnpike projects at locations established by it, and shall be an instrumentality exercising public and essential governmental functions in the construction, operation and maintenance of …

40-402. Identification of turnpike projects. Each specific turnpike project shall be clearly identified by an appropriate descriptive name and shall be operated as a separate enterprise. When a turnpike project is proposed by the board, it shall provide all surveys necessary to e…

40-403. Incidental powers — Grade separations — Relocation of public highways — Right of entry. (1) The board shall have power to construct grade separations at intersections of any turnpike project with public highways and to change and adjust the lines and grades of those highw…

40-404. Feeder highways. (1) The board is authorized to: (a) Construct, repair and maintain any feeder highway which in the opinion of the board will increase the use of a turnpike project to which the highway is a feeder; (b) Assume maintenance and repair operations of an existi…

40-405. Tolls, fixing and collecting. (1) The board is authorized to fix, revise, charge and collect tolls for the use of each turnpike project and the different parts or sections of the project, and to contract with any person, partnership, association or corporations desiring t…

40-406. Trust funds. All moneys received relating to turnpike projects, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely for turnpike projects. A resolution authorizing bonds of any issue or a trust agreeme…

40-407. Remedy. The only remedy available to any holder of bonds, or any of the coupons appertaining to them, and the trustee under any trust agreement, except to the extent the rights given may be restricted by a trust agreement, shall be to the particular turnpike project accou…

40-408. Tax exemption — Turnpike projects. The exercise of powers for turnpike projects shall be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and the improvement of turnpike projects by the board shall constitute t…

40-409. Real property grants authorized — Annual report — Interest in contract penalized. (1) Each turnpike project when constructed and opened to traffic shall be maintained and kept in good condition and repair by the board. Each project shall also be operated by tolltakers and…

40-410. Tolls. When all turnpike revenue bonds and the interest on them shall have been paid, or a sufficient amount for the payment of all bonds and the interest on them to the maturity of them, shall have been set aside for the benefit of bondholders, the board shall continue t…

40-411. Power to issue bonds — Credit of state not pledged. (1) The board shall have power and is authorized to issue, from time to time its negotiable notes and bonds in conformity with the applicable provisions of the uniform commercial code and section 40-412, Idaho Code, in a…

40-412. Bonds of board as turnpike authority. (1) The board is authorized to provide by resolution for the issuance of bonds of the board for any of its corporate purposes, including the refunding of its bonds. The principal of and the interest on any issue of bonds shall be paya…

40-413. Trust agreement. (1) In the discretion of the board any bonds issued may be secured by a trust agreement by and between the board and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. A trust agre…

40-414. Refunding bonds. The board is hereby authorized to provide by resolution for the issuance of refunding bonds of the board for the purpose of refunding any bonds then outstanding which shall have been issued, including the payment of any redemption premium and any interest…

40-501. Transportation department. An Idaho transportation department is established, and for the purposes of section 20, article IV of the constitution of the state of Idaho, is an executive department of state government. The department shall have as its head the Idaho transpor…

40-502. Maintenance of state highways. All state highways shall be maintained by the department at state expense, including sections of state highways located within local highway jurisdictions, except that in local highway jurisdictions where state highway sections are built to …

40-503. Offices — Appointment — Qualifications — Compensation. (1) An office of the director of the Idaho transportation department is established, and, pursuant to the provisions of section 59-904, Idaho Code, the governor shall appoint a director having knowledge and experience…

40-504. Director — Bond. Before entering upon the duties of his office, the director shall swear or affirm that he holds no other public office, nor any position under any political committee or organization. The affirmation shall be filed in the office of the secretary of state.…

40-505. Director — Duties and powers. The director shall be the technical and administrative officer of the board and under the board’s control, supervision and direction, shall have general supervision and control of all activities, functions and employees of the department. He …

40-506. Compensation for taking certain property. (1) The department is authorized to acquire by purchase, gift or condemnation, all advertising displays and any property rights pertaining to them, when those advertising displays are required to be removed under the provisions of…

40-507. Construction and maintenance of information centers. (1) The department may design, erect, authorize, supervise and maintain information centers at safety rest areas in a number and at locations as it may determine to be necessary to meet the need of safety and effectivel…

40-508. Traffic safety commission created — Membership. (1) An Idaho traffic safety commission is established within the department. (2) The commission shall be composed of not more than fifteen (15) members appointed by the director, who shall include the chairman of the transpo…

40-509. Duties of traffic safety commission. The commission shall: (1) Periodically review traffic safety problems in Idaho and develop effective plans for additional local-state cooperative activities; (2) Recommend to the director those agency programs and political subdivision…

40-510. Ports of entry or checking stations established — Motor vehicle investigator activities — Authority of the board to employ individuals. (1) To augment and help make more efficient and effective the enforcement of certain laws of the state of Idaho, the Idaho transportatio…

40-511. Stopping and inspection. (1) Wherever by the laws of the state of Idaho any vehicle with a maximum gross weight or registered gross weight, or operated at a gross weight, of twenty-six thousand one (26,001) pounds or more, excepting those transporting placardable quantiti…

40-512. Penalties. Any person failing to stop at any port of entry or checking station when so required by the provisions of section 40-511, Idaho Code, or, failing to submit to the inspection, grading or weighing required by any law of the state of Idaho, shall be guilty of a mi…

40-513. Veterans memorial centennial bridge established. The Bennett Bay bridge located on interstate highway I-90 in Kootenai county shall be designated as the "Veterans Memorial Centennial Bridge" to honor those persons who served in the armed forces during periods of wartime a…

40-513A. Designation of the I.B. perrine bridge. The bridge spanning the Snake River Canyon on U.S. Highway 93 south of Interstate Highway 84 near the city of Twin Falls, Idaho, shall be designated as the "I.B. Perrine Bridge" to honor I.B. Perrine for his part as founder and fat…

40-513B. Portion of U.S. highway 95 designated as Stu Dopf memorial highway. That portion of United States Highway 95 through the canyon between Midvale and Cambridge shall be known and designated as the "Stu Dopf Memorial Highway" in honor of the journalist who was interested in…

40-513C. Designation of purple heart trail. That portion of interstate highway I-90 located in Idaho is the Idaho portion of the national purple heart trail. The Idaho transportation department shall design and construct signs indicating the highway number, the designation as the…

40-513D. State Highway 3 designated as North Idaho Medal of honor highway. State highway 3, connecting U.S. highway 12 near Spalding with interstate 90 near Rose Lake, shall be designated as the "North Idaho Medal of Honor Highway" to honor Idahoans awarded the congressional meda…

40-513E. designation of Vietnam veterans memorial highway. That portion of interstate highway I-84 located in Idaho is designated as the Vietnam veterans memorial highway. The Idaho transportation department shall design and construct signs indicating the highway number, the desi…

40-513F. designation of the idaho medal of honor highway. That portion of U.S. highway 20 located in Idaho shall also be known as the "Idaho Medal of Honor Highway." The Idaho transportation department shall design and construct signs indicating the designation as the "Idaho Meda…

40-513G. DESIGNATION OF THE POW/MIA MEMORIAL HIGHWAY. The portion of U.S. highway 26 located in Idaho beginning at the Oregon border and ending at the Wyoming border shall be known as the "POW/MIA Memorial Highway." The Idaho transportation department may place and maintain suita…

40-513H. designation of the bobby chambers memorial highway. The portion of state highway 6 located near Potlatch, Idaho, beginning at the intersection of United States Highway 95 and ending at the western city limits of the city of Potlatch, is to be known as the "Bobby Chambers…

40-514. Public transportation services — Public transportation services advisory council created — Interagency working group created — Department support. (1) All state agencies except the department of education and all public entities that use public funds to provide public tra…

40-515. short title. This section through section 40-520, Idaho Code, shall be known and may be cited as the "Idaho Broadband Dig Once and Right-of-Way Act."

40-516. Legislative Intent: DIG ONCE POLICY. (1) It is the intent of the legislature to recognize that the citizens of the state live and work in a data-driven society and that the connectivity in Idaho’s urban and rural areas are key for a thriving Idaho economy. Broadband is a …

40-517. Definitions. As used in sections 40-515 through 40-520, Idaho Code: (1) "Broadband" means wide bandwidth communication transmissions allowing high speed internet access with an ability to simultaneously transport multiple signals and traffic types at a minimum transmissio…

40-518. Dig Once Policy Notification and Project Identification. (1) The department shall develop on a competitively neutral basis a registry of broadband providers interested in installing broadband infrastructure along a highway. The department shall update the registry no less…

40-519. provider shall not be assessed fair market value. A broadband provider installing broadband infrastructure in accordance with sections 40-515 through 40-520, Idaho Code, shall not be assessed fair market value.

40-520. Rights-of-Way for Broadband. (1) Except as provided in subsection (5) of this section, the department shall allow a broadband provider longitudinal use and access to the rights-of-way of a highway for the installation, operation, and maintenance of broadband infrastructur…

40-528. Federal Transit Administration Authority. (1) The Idaho transportation department and its director are the designated recipients for the federal transit administration funding for the rural transit program and the small urban transit program within the state of Idaho. (2)…

40-601. Districts established by commissioners. Whenever the commissioners of any county shall have caused to be described by an order made and entered upon its records any defined portion of contiguous territory, located wholly within the county, for the construction, improvemen…