Idaho Admin. Code r. 39.03.42.600

Current through September 2, 2024
Section 39.03.42.600 - LOCATION AND DESIGN STANDARDS FOR OTHER ENCROACHMENTS
01.Approved Permit Required. An approved right-of-way encroachment permit will be required for all portable objects or signs, memorials, urban improvements, landscaping, farming, irrigation or drainage, mailbox stands or turnouts, recreational parking facilities, park-and-ride lots, school bus turnouts, or structures within the state highway right-of-way other than those authorized or installed by the Department, or those which the government entity deems necessary for regulating, warning, and guiding of traffic.
02.Benches, Planters, and Other Urban Structures. Structures, including protrusions and overhangs, will be a minimum of eighteen (18) inches behind the face of curb. When a structure is within a sidewalk area, at least four (4) feet of unobstructed space will be available for pedestrians.
03.Overhanging Displays, Canopies and Marquees. In a curb section, encroachments will not extend closer than eighteen (18) inches behind face of curb. In a non-curb section, encroachments supported by a building will not extend more than twelve (12) inches into right-of-way. Signs or displays will be no lower than twelve (12) feet above the sidewalk or ground level. Canopies and marquees will be no lower than eight (8) feet.
04.Landscaping, Farming and Associated Irrigation. Repair of landscaping in the state highway right-of-way will be the responsibility of the permittee, and the Department will not be responsible for, or participate in, any repair or maintenance costs. All requests for landscaping, farming and irrigation will require a review of current access control records for restrictive covenants. Applications may be approved provided the following conditions are met:
a. Landscaping, farming, and irrigation systems will maintain the structural integrity of the state highway right-of-way. No undercutting of the present highway fill and ballast section nor will access to a state highway from unprotected bare soil be allowed.
b. Unless otherwise specified, the degree of landscaping will be limited to what is necessary to insure that the appearance of the state highway right-of-way is compatible with the appearance of the surrounding area and will not interfere with public safety and overall maintenance operations.
c. Landscaping, farming, and irrigation systems will not disturb, obstruct, or add to the normal drainage patterns of the state highway right-of-way. No new ditches will be constructed without prior approval.
d. Landscaping, farming, and irrigation systems will not interfere with utility installations, removals, or operations.
e. Provisions will be established for the responsibility of future maintenance.
f. Only planting of forage plants, grasses, flowers, and shrubs with a mature height not to exceed three (3) feet will be allowed within the clear zone of the state highway right-of-way. Type and size of grasses, flowers, and shrubs will be determined by the Department.
g. No trees will be allowed within the clear zone of the state highway right-of-way.
h. All work within the highway right-of-way will be required to return the right-of-way to either original condition or to the requirements of the encroachment permit as approved by the Department.
i. Irrigation systems will be no closer than five (5) feet from the pavement edge and will be adjusted so water does not cover any portion of the highway pavement.
j. No grading, excavation or other ground disturbing activities will be performed during rainy periods. If work cannot be avoided during rainy periods, the permittee will install check dams or other approved device(s) or structure(s) in drainage channels and provide a sediment retention basin to avoid discharging sediment containing runoff into the drainage system, or any wetlands, or water bodies (streams, rivers, lakes and ponds). No work will be performed in or adjacent to any wetland or water body without providing the Department with copies of the appropriate permits from the Army Corps of Engineers, Idaho Department of Water Resources, and the Idaho Division of Environmental Quality.
k. All areas within the state highway right-of-way disturbed by construction will be returned to its original condition and reclaimed (re-seeded, fertilized and mulched) as directed by the Department or delegated local highway agency.
l. Appropriate best management practices to temporarily control erosion and resulting sediment will be used. Typical soil surface protection practices include erosion control blankets, tacified mulches of straw, wood fiber, paper fiber, soil amendments, or rock mulch. Typical sediment control practices may include silt fences, fiber wattles, rock check dams, sediment basins/ponds, inlet culvert risers, and inlet rock filters. For further information on best management practices, contact the Department.
m. Travel lanes will be kept reasonably free of dirt, rocks and other debris resulting from construction or maintenance of landscaping, farming, or irrigation.
05.Recreational Parking and Park-and-Ride Lots.
a. Parking areas will be designed to safely accommodate an adequate number of parking spaces as determined by the Department.
b. Access points will be located so that adequate sight distance is maintained for the safety of approaching traffic and so that minimal interference with the normal flow of traffic on the traveled way results.
c. Approaches will be constructed in accordance with Department standards.
d. Installation of fencing and delineation should be considered to restrict ingress and egress locations and widths.
e. Unrestricted drainage will be provided and will comply with Department standards.
f. Construction and maintenance of parking areas, including snow removal will be the responsibility of the permittee.
06.Mailbox Turnouts.
a. Mailbox turnouts in rural areas may be combined with an adjacent approach or may be independent of the approach. For safety reasons, the mail carrier should be able to stop out of the traveled way whenever possible. The applicant should be required to construct a mailbox turnout at the same time a mailbox is installed.
b. Mailbox turnouts and mailbox supports will be constructed in accordance with Department standards. The box-to-post attachments will resist separation when struck by a vehicle. No massive metal, concrete, stone or other hazardous supports will be allowed. Owners of mailboxes that do not meet minimum installation requirements will be notified that correction is required.
07.School Bus Turnouts.
a. School bus turnouts will be constructed with sufficient length and width to accommodate bus length and turning maneuvers as determined by the Department.
b. Turnouts will be located so adequate sight distance is maintained for the safety of approaching traffic and so that minimal interference with the normal flow of traffic on the traveled way results.
c. All permitted school bus turnouts will include approved advance warning signs installed at Department expense.

Idaho Admin. Code r. 39.03.42.600

Effective July 1, 2024