Idaho Code

Idaho Code § 40-310 (2026)

Powers and duties — State highway system.

✓ current as of May 2026

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Powers and duties — State highway system.

The board shall:

(1) Determine which highways in the state, or sections of highways, shall be designated and accepted for the purpose of this title as a part of the state highway system.

(a) In determining which highways or section of highways shall be a part of the state highway system, the board shall consider the relative importance of each highway to cities, existing business, industry and enterprises and to the development of cities, natural resources, industry and agriculture and be guided by statistics on existing and projected traffic volumes. The board shall also consider the safety and convenience of highway users, the common welfare of the people of the state, and of the cities within the state and the financial capacity of the state of Idaho to acquire rights-of-way and to construct, reconstruct and maintain state highways. In making a determination, the board must, before it can abandon, relocate, or replace by a new highway, any highway serving or traversing any city, or the area in which the city is located, specifically find and determine that the benefits to the state of Idaho are greater than the economic loss and damage to the city affected. No highway serving or traversing any city shall be abandoned, relocated or replaced by a new highway serving the area in which a city is located without the board first holding a public hearing in that city. The abandonment shall proceed as set forth in section 40-203B, Idaho Code.

(2) The board shall cause to be prepared and publicly displayed in a conspicuous place in their offices a complete map of the state highway system in which each section shall be identified by location, length and a control number. The map shall be of a suitable size and scale and contain data and information as deemed appropriate by the board. Periodically, and not less than once each year, the board shall revise and correct the map to record the changes in the designated state highway system resulting from additions, abandonments and relocations. Hand maps of the state highway system shall be issued periodically for public distribution.

(3) Abandon the maintenance of any highway and remove it from the state highway system, when that action is determined by the unanimous consent of the board to be in the public interest.

(4) Locate, design, construct, reconstruct, alter, extend, repair and maintain state highways, and plan, design and develop statewide transportation systems when determined by the board to be in the public interest.

(5) Establish standards for the location, design, construction, reconstruction, alteration, extension, repair and maintenance of state highways, provided that standards of state highways through local highway jurisdictions shall be coordinated with the standards in use for the systems of the respective local highway jurisdictions. The board shall make agreements with local highway jurisdictions having within their limits state highway sections in the category described in section 40-502, Idaho Code, and provide for an equitable division of the maintenance of those sections. The board may also, in the interest of economy and efficiency, arrange to have any or all of the state highway sections within local highway jurisdictions maintained by those local highway jurisdictions, the cost of the work as limited by section 40-502, Idaho Code, to be reimbursed by the state.

(6) Cause to be made and kept, surveys, studies, maps, plans, specifications and estimates for the alteration, extension, repair and maintenance of state highways, and so far as practicable, of all highways in the state, and for that purpose to demand and to receive reports and copies of records from county commissioners, commissioners of highway districts, county engineers and directors of highways and all other highway officials within the state.

(7) Approve and determine the final plans, specifications and estimates for state highways and cause contracts for state highway work to be let by contract in the manner provided by law.

(8) Expend funds appropriated for construction, maintenance and improvement of state highways.

(9) Designate state highways, or parts of them, as controlled-access facilities and regulate, restrict or prohibit access to those highways to serve the traffic for which the facility is intended.

(10) Close or restrict the use of any state highway whenever the closing or restricting of use is deemed by the board to be necessary for the protection of the public or for the protection of the highway or any section from damage.

(11) Designate main traveled state highways as through highways. The traffic on through highways shall have the right-of-way over the traffic on any other highway intersecting with it, provided, that at the intersection of two (2) through highways the board shall determine which traffic shall have the right-of-way.

(12) Furnish, erect and maintain standard signs on side highways directing drivers of vehicles approaching a designated through highway to come to a full stop before entering or crossing the through highway.

(13) Provide a right-of-way for and supervise the construction of side paths or sidewalks along regularly designated state highways outside the boundaries of incorporated cities and the expenditures for the construction of them may be made from the highway funds of the county or highway districts.

(14) Upon certification and requisition of an appropriate board, commission, governing body, or official head of any state institution and on the approval of the governor, showing the same to be necessary, construct, alter, repair, and maintain the roadways in, through, and about the grounds of state institutions. The construction, alteration, repair and maintenance shall be accomplished and paid for from the state highway account in accordance with the provisions of chapter 7, title 40, Idaho Code. This provision shall not be construed to divest any board, commission, governing body, or official head of an institution their constitutional or statutory powers.

Notes of Decisions

Cited in 13 cases (3 in the last 5 years), 1991–2025 · leading case: Lochsa Falls, L.L.C. v. State, 207 P.3d 963 (Idaho 2009).

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Lochsa Falls, L.L.C. v. State, 207 P.3d 963 (Idaho 2009). · cites it 12× “" I.C. § 40-310(5). To "[d]esignate state highways, or parts of them, as controlled-access facilities and regulate, restrict or prohibit access to those highways to serve the traffic for which the facility is intended.”

Woodworth v. State Ex Rel. Idaho Transp. Bd., 298 P.3d 1066 (Idaho 2013). · cites it 8× “[The State] had affirmative statutory duties pursuant to Idaho Code § 40-310 , 40- 313, 40-502, 40-1310, 40-312 … MUTCD § (A) 1A-1, MUTCD § (C) 1A-3, (D) 1A-3.”

Roberts v. Transp. Dept., 827 P.2d 1178 (Idaho Ct. App. 1991). · cites it 8× “I.C. § 40-310(11). 2 . Roberts and Cox filed separate claims against Clark, ACHD, and the Hedbergs.”

Wylie v. State, Idaho Transp. Bd., 253 P.3d 700 (Idaho 2011). · cites it 2× “” I.C. § 40-310(9). Nevertheless, a municipality has the authority to create specific development standards regarding roadways, rights-of way, grades, alignments and intersections under the Local Land Use Planning Act.”

Vickers v. Lowe, 247 P.3d 666 (Idaho 2011). · cites it 2× “A conditional permit allows the ITD to reserve the right to review construction plans to guarantee that applicants comply with the approved encroachment designs.”

State v. Smith, 862 P.2d 1093 (Idaho Ct. App. 1993). · cites it 4× “Highway 95 within the state as a "principal" highway, thereby indicating that it is part of the state highway system within the meaning of I.C. § 40-120(4). While these maps may not be conclusive on the subject, they are reliable authority that U.”

Albertson v. Fremont Cnty., 834 F. Supp. 2d 1117 (D. Idaho 2011). · cites it 2× “See Idaho Code §§ 40-310 and 40-201 (charging the State with the specific duties concerning the improvement and maintenance of state highways and highway signs).”

Idaho Transp. Dep't Bd. v. HJ Grathol, 278 P.3d 957 (Idaho 2012). · cites it 2× “See I.C. § 40-310. Although the Order of Condemnation was signed by the Director, it was filed in the name of the Board, not the Director, and expressly invoked the Board’s power of condemnation pursuant to I.”

Ferguson v. State of Idaho Dep't of Transp. (D. Idaho 2020). · cites it 5× “According to Idaho Code § 40-310 (1), the Idaho Transportation Board “shall [d]etermine which highways in the state, or sections of highways, shall be designated and 7 Madison County asserted also an evidentiary objection to Ferguson’s declaration, arguing that Ferguson’s…”

South Hill Meat Lockers Incorp. v. Idaho Transp. Dept. (Idaho 2025). · cites it 4× “I.C. § 40-310(7). Pursuant to the Board’s authority under Idaho Code section 40-314 to adopt rules and regulations, the Board implemented Policy 4001, which delegated the Board’s authority to sign and execute contracts to the Director of ITD or a delegate.”

Show all 13 citing cases →

— Idaho Code § 40-310(11) — 1 case

Roberts v. Transp. Dept., 827 P.2d 1178 (Idaho Ct. App. 1991). “I.C. § 40-310(11). 2 . Roberts and Cox filed separate claims against Clark, ACHD, and the Hedbergs.”

— Idaho Code § 40-310(12) — 1 case

Roberts v. Transp. Dept., 827 P.2d 1178 (Idaho Ct. App. 1991). “I.C. § 40-310(11). 2 . Roberts and Cox filed separate claims against Clark, ACHD, and the Hedbergs.”

— Idaho Code § 40-310(2) — 1 case

State v. Smith, 862 P.2d 1093 (Idaho Ct. App. 1993). “Highway 95 within the state as a "principal" highway, thereby indicating that it is part of the state highway system within the meaning of I.C. § 40-120(4). While these maps may not be conclusive on the subject, they are reliable authority that U.”

— Idaho Code § 40-310(5) — 2 cases

Lochsa Falls, L.L.C. v. State, 207 P.3d 963 (Idaho 2009). “" I.C. § 40-310(5). To "[d]esignate state highways, or parts of them, as controlled-access facilities and regulate, restrict or prohibit access to those highways to serve the traffic for which the facility is intended.”

Vickers v. Lowe, 247 P.3d 666 (Idaho 2011). “A conditional permit allows the ITD to reserve the right to review construction plans to guarantee that applicants comply with the approved encroachment designs.”

— Idaho Code § 40-310(7) — 2 cases

South Hill Meat Lockers Incorp. v. Idaho Transp. Dept. (Idaho 2025). “I.C. § 40-310(7). Pursuant to the Board’s authority under Idaho Code section 40-314 to adopt rules and regulations, the Board implemented Policy 4001, which delegated the Board’s authority to sign and execute contracts to the Director of ITD or a delegate.”

— Idaho Code § 40-310(9) — 2 cases

Wylie v. State, Idaho Transp. Bd., 253 P.3d 700 (Idaho 2011). “” I.C. § 40-310(9). Nevertheless, a municipality has the authority to create specific development standards regarding roadways, rights-of way, grades, alignments and intersections under the Local Land Use Planning Act.”

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