TITLE 36

FISH AND GAME

CHAPTER 1

FISH AND GAME COMMISSION

36-126.  MOTORIZED USE RESTRICTIONS IN RECREATIONAL ACCESS AGREEMENTS. (1) In the event owners or lawful possessors of private land have restricted motorized vehicle operation on their land, the commission or department may, in entering into a lease or other cooperative agreement with such owners or possessors to allow public recreational access to such land, agree to enforce restrictions on motorized vehicle operation on such land, provided that:

(a)  Notice of the existence of such restrictions is posted on the main traveled road or roads entering the area or areas to which the restrictions apply;

(b)  Such notice includes:

(i)  "Travel restrictions apply," or wording of like meaning; and

(ii)  A website address and phone number for contacting the department; and

(c)  A copy of a map or other description of the restrictions, including the effective date thereof, is made available to the public at the nearest department regional office and the department’s website.

(2)  In the event the commission or department agrees to enforce motorized vehicle restrictions as set forth in subsection (1) of this section, no person, unless specifically authorized by the owner or possessor of the land, may violate such restrictions, or tear down or lay down any fencing or gates enclosing such a restricted area, or remove, mutilate, damage, or destroy any notices, signs, or markers giving notice of such restrictions.

(3)(a) Any person who pleads guilty to or is found guilty of a violation of subsection (2) of this section for the first time in any five (5) year period is guilty of an infraction with a fine as set forth in section 36-1402, Idaho Code.

(b)  Any person who pleads guilty to or is found guilty of a violation of subsection (2) of this section two (2) or more times within five (5) years is guilty of a misdemeanor and subject to penalties as set forth in section 36-1402, Idaho Code.

(4)  Nothing in this section precludes the enforcement of other provisions of Idaho Code, such as those pertaining to trespass or damage to property.

(5)  Nothing in this section allows the unlawful posting of signs or other information on or adjacent to highways as defined in section 40-109, Idaho Code.

History:

[36-126, added 2021, ch. 218, sec. 1, p. 598.]