Idaho Code
Idaho Code

Idaho Code § 39-7408 (2026)

Site certification procedure. 

✓ current as of May 2026
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Site certification procedure. 

(1) It shall be the responsibility of each applicant to obtain site certification from the director. The site certification process is hereby established to ascertain compliance with the requirements of section 39-7407, Idaho Code.

(2)  The site certification procedure shall be administered in the following manner:
(a)  Prior to submittal of the application, the applicant may conduct a site tour for the director, health district and all other public agencies with jurisdiction to familiarize the agencies with characteristics of the site and site surroundings.
(b)  The applicant may then submit an application to the director. The application shall address each of the criteria set forth in section 39-7407, Idaho Code, explaining the technical findings regarding each.
(c)  Wherever technical evaluation of relevant information is required, a qualified professional, as appropriate, shall certify compliance with the requisite criteria.
(d)  When the application is submitted to the director, the applicant shall publish legal notice of submittal of the application in the newspaper published in the county as determined by the criteria in section 31-819, Idaho Code, and shall make the application available for public inspection and copying. The date of publication of such notice shall begin a twenty-eight (28) day comment period during which written comments concerning the application may be submitted to the director.
(e)  The director shall act upon the application within twenty-one (21) days of the end of the comment period set forth above and shall enter a decision either certifying the site or rejecting the application. The director shall review the site certification application, not contravening the opinion of the applicant’s qualified professional(s) without reliable empirical evidence that the affirmations in the application are erroneous. Upon finding that the criteria of section 39-7407, Idaho Code, have been affirmed by qualified professionals, the director shall certify the site. Any rejection of a site certification application shall be accompanied by findings in writing expressly stating the criteria insufficiently documented and/or violated and the evidence relied upon in making such determination. Failure of the director to act within twenty-one (21) days shall constitute site certification. An applicant shall be provided an opportunity to appeal any denial of certification.
(f)  Site certification is transferable with ownership of the site.
(g)  Within ten (10) working days of receipt of certification from the director, the applicant shall publish notice in the newspaper provided for in subsection (d) of this section, informing the public that certification of the site has been approved.
Notes of Decisions
Cited in 2 cases, 1997–2011 · leading case: Petersen v. Franklin Cnty., 938 P.2d 1214 (Idaho 1997).
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Petersen v. Franklin Cnty., 938 P.2d 1214 (Idaho 1997). · cites it 8× “I.C. § 39-7408(1), (2)(d). The Director of the Department of Health and Welfare is responsible for evaluating and making “approvals required it by federal regulations”.”
City of Eagle v. Idaho Dep't of Water Resources, 247 P.3d 1037 (Idaho 2011). · cites it 2× “Confusion as to whether the Commission had made a final decision on site selection was compounded by the Commission’s failure to publish its decision as required by section 39-7408(d) of the Idaho Code____ [Fjailure to publish the notice, together with the failure to announce a…”
— Idaho Code § 39-7408(1) — 1 case
Petersen v. Franklin Cnty., 938 P.2d 1214 (Idaho 1997). “I.C. § 39-7408(1), (2)(d). The Director of the Department of Health and Welfare is responsible for evaluating and making “approvals required it by federal regulations”.”
— Idaho Code § 39-7408(d) — 2 cases
Petersen v. Franklin Cnty., 938 P.2d 1214 (Idaho 1997). “I.C. § 39-7408(1), (2)(d). The Director of the Department of Health and Welfare is responsible for evaluating and making “approvals required it by federal regulations”.”
City of Eagle v. Idaho Dep't of Water Resources, 247 P.3d 1037 (Idaho 2011). “Confusion as to whether the Commission had made a final decision on site selection was compounded by the Commission’s failure to publish its decision as required by section 39-7408(d) of the Idaho Code____ [Fjailure to publish the notice, together with the failure to announce a…”
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