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.

40-201. State highway, county highway, highway districts and city highway systems established. There shall be a system of state highways in the state, a system of county highways in each county, a system of highways in each highway district, and a system of highways in each city,…

40-202. Designation of highways and public rights-of-way. (1) The initial selection of the county highway system and highway district system may be accomplished in the following manner: (a) The board of county or highway district commissioners shall cause a map to be prepared sho…

40-203. Abandonment and vacation of county and highway district system highways or public rights-of-way. (1) A board of county or highway district commissioners, whichever shall have jurisdiction of the highway system, shall use the following procedure to abandon and vacate any h…

40-203A. Validation of county or highway district system highway or public right-of-way. (1) Any resident or property holder within a county or highway district system, including the state of Idaho or any of its subdivisions, or any agency of the federal government, may petition …

40-203B. Abandonment or assuming control of a highway. Whenever the Idaho transportation department is either planning to abandon any section or all of a state highway to a county, a city or a highway district or assume control of a section or all of a highway which is under the …

40-204. Assent to federal acts. (1) The state of Idaho renews its assent to the provisions of the act of congress approved July 11, 1916, entitled, "An act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes" (39t…

40-204A. Federal land rights-of-way. (1) The state recognizes that the act of construction and first use constitute the acceptance of the grant given to the public for federal land rights-of-way, and that once acceptance of the grant has been established, the grant shall be for t…

40-205. Saving clause for acts and suits in process of being carried out. This act shall not affect any act done, ratified or confirmed, or any right accrued, or established, or any action or proceeding had or commenced in a civil or criminal cause prior to July 1, 1985, and acti…

40-206. Publication of notices. Whenever publication of a notice by a county highway system or highway district is required for an override or bond election, or a hearing, it shall appear in a newspaper printed and published within the district or county, or in some newspaper of …

40-207. Violations — Penalties. Any elected official, officer, or person who shall violate or aid in the violation of any of the provisions of this title, unless a different penalty is prescribed by law, shall be guilty of a misdemeanor, and upon conviction thereof be punished by…

40-208. Judicial review. (1) Any resident or property holder within the county or highway district system, including the state of Idaho or any of its subdivisions or any agency of the federal government, who is aggrieved by a final decision of a board of county or highway distric…

40-209. Highway right-of-way plats. (1) A public highway agency may file in the office of the county recorder a highway right-of-way plat. The highway right-of-way plat shall show by outline and identify by parcel number, parcels of land to be acquired and shall be prepared in co…

40-210. legislative intent — utility facilities — Coordinated relocation policies — definitions. (1) Public highways are intended principally for public travel and transportation; however, the public highways and the public right-of-way used in connection with the public highways…

40-301. Idaho transportation board — Creation — Authority. There is established the Idaho transportation board, which is vested with authority, control, supervision and administration of the department created and established by this title.

40-302. Board — Membership — Appointment — Qualification. The board shall be composed of seven (7) members to be appointed by the governor. Not more than four (4) members shall at any time belong to the same political party. Members shall be well informed and interested in the co…

40-303. Creation of districts — Residence of board members — Term of office. (1) For the purposes of selection of members of the board, the state of Idaho shall be divided into six (6) director districts as follows: (a) District No. 1. The counties of Benewah, Bonner, Boundary, K…

40-304. Oath of office — Bond. Each member of the board shall receive a certificate of appointment from the governor, and before entering upon the discharge of his official duties shall file with the secretary of state a declaration of the political party to which the board membe…

40-305. Removal of board members. The governor may remove any board member for incompetency, inefficiency, intemperance, misconduct in office, neglect or dereliction of duty. Charges in writing, setting forth fully and concisely the cause and grounds of removal, together with a c…

40-306. Compensation and reimbursement for expenses. Each member of the board shall be compensated as provided by section 59-509(i), Idaho Code. The compensation and expenses shall be allowed and paid from the state highway and the state aeronautic’s accounts.

40-307. Office of board — Organization meetings — Officers. The permanent offices of the board shall be maintained in Ada county, in suitable offices and quarters, with equipment, records and supplies as may be deemed necessary to carry out the provisions of this title. The membe…

40-308. Meetings — Quorum. The board shall hold not less than twelve (12) regular meetings each year, on a day of each month as the board shall determine, unless a legal holiday, then on the next ensuing business day, for the purpose of transacting business as may come before it.…

40-309. Powers and duties — Vested powers. The board is vested with the following functions, powers and duties: (1) To contract fully, in the name of the state of Idaho, with respect to the rights, powers and duties vested in the board by this title. (2) Sue and be sued in its ow…

40-310. Powers and duties — State highway system. The board shall: (1) Determine which highways in the state, or sections of highways, shall be designated and accepted for the purpose of this title as a part of the state highway system. (a) In determining which highways or sectio…

40-311. Powers and duties — Property. The board shall: (1) Purchase, exchange, condemn or otherwise acquire, any real property, either in fee or in any lesser estate or interest, rights-of-way, easements and other rights and rights of direct access from the property abutting high…

40-312. Powers and duties — Rules and regulations. The board shall: (1) Prescribe rules and regulations affecting state highways and turnpike projects and enforce compliance with those rules and regulations. (2) Establish rules and regulations for the expenditure of all moneys ap…

40-313. Powers and duties — Beautification and information. The board shall: (1) Furnish, erect and maintain, whenever necessary for public safety and convenience, suitable signs, markers, signals and other devices to control, guide and warn pedestrians and vehicular traffic ente…

40-314. Powers and duties — Departmental. The board shall: (1) Establish departmental internal structures deemed necessary for the full and efficient administration of this title. (2) Exercise exclusive control over the employment, promotion, reduction, dismissal and compensation…

40-315. Powers and duties — Federally-funded highway project financing. (1) In order to address the increasing need for timely improvements to Idaho’s highway transportation infrastructure, the board may: (a) Enter into agreements with the Idaho housing and finance association in…

40-316. Powers and duties — Reports. The board shall: (1) Make annually, on or before December 1 of each year and at other times as the governor may require, reports in writing to the governor concerning the condition, management and financial transactions of the department.