TITLE 58

PUBLIC LANDS

CHAPTER 1

DEPARTMENT OF LANDS

58-156.  ENDOWMENT LAND — closure, restriction, regulation, or prohibition. (1) Whenever the state board of land commissioners has promulgated rules pursuant to chapter 52, title 67, Idaho Code, for the closure of endowment lands or for restricting, regulating, or prohibiting specified activities on state endowment lands, the board shall provide notice of such closure, restriction, regulation, or prohibition to the public as follows:

(a)  Notices shall be posted on the Idaho department of lands website and made available at the department’s supervisory area offices; and

(b)  Notices shall also be posted at gates or road or trail entry points onto the endowment land to which they apply and shall state:

(i)   "Use restrictions apply" or similar wording; and

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

(2)  Violation of any properly posted closure, restriction, regulation, or prohibition of endowment lands promulgated by the state board of land commissioners pursuant to subsection (1) of this section shall be punishable as follows:

(a)  A warning ticket and advisory of the applicable closure, restriction, regulation, or prohibition shall be issued to the violator if it is the violator’s first offense under this section within five (5) years.

(b)  If the violation is the violator’s second violation of this section within five (5) years of any prior conviction or warning under this section, the violation shall be an infraction punishable by a fine of two hundred fifty dollars ($250).

(c)  If the violation is the violator’s third violation of this section within five (5) years of any prior conviction or warning under this section, the violation shall be a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail for no more than six (6) months or both.

(d)  For any offense that is accompanied by any actual physical harm, injury, or damage to personal property or natural resources, the violation shall be treated as criminal trespass pursuant to section 18-7008, Idaho Code, and subject to the penalties for criminal trespass with damage set forth in section 18-7008(3)(b).

(3)  For any conviction under subsection (2)(b) or (c) of this section, the court shall additionally impose an order of restitution directing that the violator pay restitution to the Idaho department of lands in an amount sufficient to repair, replace, or correct any actual physical harm, injury, or damage to personal property or natural resources resulting from the violation.

(4)  For any conviction under subsection (2)(b) or (c) of this section, the court may, in its discretion, additionally impose an order requiring the violator to undergo boating, off-road, and/or snowmobile operator education classes offered by the Idaho department of parks and recreation.

History:

[58-156, added 2023, ch. 80, sec. 1, p. 273.]