TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 39

HIGHWAYS AND BRIDGES

18-3911.  Wild flowers or shrubs along highway — Removal or transport illegal. (1) It is the duty of all citizens of this state to protect the wild flowers of this state referred to in this section from needless destruction and waste.

(2)  It shall be unlawful for any person in this state to wilfully and negligently cut, dig up, trim, pick, or remove, any plant, flower, shrub, bush, fruit or other vegetation growing upon the right of way of any public highway within this state.

(3)  It shall be unlawful for any person to export from this state, or to sell or offer for sale or transport bulbs, corms, rhizomes, roots or plants of native wild flowers or shrubs of the state of any of the following genera:

a.  Tiger lily … Lilium Columbianum

b.  Queen Cup … Clintonia uniflora

c.  Trillium (both species)

d.  Lady’s Slipper … Cypripedium montanum

e.  Stream orchis … Epipactis Gigantea

f.  Coral root … Corallorhiza (all species)

g.  Columbine … Aquilegia formosa

h.  Syringa or mock orange … Philadelphus lewisii

i.  Dogwood … Cornus nuttallii and canadensis

j.  Indian Pipe Family (all members)

k.  Rhododendron (all species)

l.  Twin Flower … Linnaea americana

m.  Mission bells or rive root … Fritillaria lanceolata

n.  Bitter root … Lewisia rediviva

o.  Angel slipper, fairy slipper … Calypso bulbosa

(4)  It shall be unlawful for any person to sell or transport or offer for sale the bulbs, corms, rhizomes, roots or parts of any of the plants or shrubs mentioned in subsections (2) and (3) of this section which have been dug, pulled up or gathered upon any highway.

(5)  The provisions of this section shall not be construed to apply to any employee of the federal government or of the state of Idaho or of any political subdivision of the state engaged in work upon any state, county or public road or highway while performing such work under the supervision of the federal government, the state or any political subdivision thereof.

(6)  The provisions of this section shall not be construed to apply to the owner of any tract or tracts of land, or to his agents or employee, as to such tract or tracts, or to any shrub, plant or other vegetation which is declared by law to be a public nuisance.

(7)  Nothing in this section shall be construed as prohibiting the digging, pulling, gathering or sending out of this state, at such times the Idaho transportation department may approve, any propagated plants or shrubs mentioned in subsections (2) and (3) of this section, in such quantity and at such times as the agency or persons having control of the land, public or private, may determine and approve.

History:

[I.C., sec. 18-3911, as added by 1972, ch. 336, sec. 1, p. 926; am. 1974, ch. 12, sec. 87, p. 61.]