Damaging Endowment Land Rulemaking
Update from the Department of Lands
On June 22, 2023, the Idaho Department of Lands (IDL) held a negotiated rulemaking session for public lands. Scott Phillips and Todd Wernex started the meeting by discussing the problems that they are encountering on endowment lands. These lands serve a unique purpose and there is a growing demand to recreate on endowment land. This recreation damages the land which hurts the various beneficiaries but particularly the public schools. IDL doesn’t have many options for addressing this damage. One solution to this is SB 1049, which protects endowment land, citizens' due process, and deters damaging behaviors. IDL started the process in 2021, stakeholders crossed the finish line in 2022, and will go into law on July 1, 2023, but requires rulemaking for implementation.
The rules govern the closure, restriction, regulation, or prohibition of certain regulated recreational uses on Idaho Endowment lands, that are subject to a warning ticket, citation, or misdemeanor. IDL then read through Section 010 – Definitions, the included definitions were camping and endowment lands, pausing for public comment for which there was none. Section 020 – Regulated Use of Endowment Land outlines the restrictions surrounding camping, continued camping, roads and trails, gates and fences, litter, and signs. Amber Worthington, Deputy Director of Fish and Game, spoke on how they are looking to have similarities in the way the IDFG regulates camping and extended vehicular parking to these new regulations on endowment lands. This would allow for more consistency in enforcement. Kathleen Trevor, Office of the Attorney General, stated that these are enforceable if the intent of the agency is to enforce violations, then that needs to be specifically stated. There needs to be a reference to the violation so that officers know what to ticket for. Mr. Phillips discussed their work with the Land Board that would allow for the punishment to be written in SB 1049 and that the violations would be outlined in the rules. He also stated that the attorneys from the two departments have been in communication.
There were questions about how this affects outfitters and guides, Mr. Phillips explained how IDL works with private organizations through leases and that they will be switching to land permits. He also stated that IDL and IDFG are in the process of renegotiating their enforcement MOU.
For roads and trails, there were comments clarifying that users may not create ruts greater than two inches deep on roads. There were other comments about blocking, obstructing, or interfering with vehicular or pedestrian traffic, individuals are concerned with the ways that this could be interpreted. IDL stated that this is catered for entrances/gates to lands and there were comments about clarifying this in the rules. IDL looked at tightening the language regarding not creating any roads or trails unless authorized, but they want to be careful not to be too restrictive of endowment land, they want these rules to be a starting point. Another comment discussed changing the language to state “willful” in regard to creating roads or trails to try and combat the destruction of seed plantations.
Mr. Wernex noted that there is a numbering error and that will be fixed in the next draft. IDL discussed how Alaska has extensive outdoor recreation rules that could provide a good example for Idaho moving forward. IDFG wanted a definition or section about warning tickets since they are going to be different for IDL.
The public comment period will be open until July 19, and there will be another meeting on July 10 in Northern Idaho. On August 15, the promulgated rule will be presented as an informational item to the Land Board. Then the twenty-one (21) day comment period will be from October 4 to October 25, and will be presented to the Land Board for approval on November 21, to move forward to the 2024 Legislature as pending.