Idaho Code
Idaho Code

Idaho Code § 42-3803 (2026)

Alteration of channels — Permit required — Plans. 

✓ current as of May 2026
Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Alteration of channels — Permit required — Plans. 

(a) No person shall engage in any project or activity which will alter a stream channel without first applying to and receiving a permit therefor from the director. Such application shall be submitted not less than sixty (60) days prior to the intended date of commencement of construction of such stream channel alteration and shall be upon forms to be furnished by the director or in such other form as deemed appropriate by memorandum of agreement with other state and federal agencies and shall be accompanied by plans of the proposed stream channel alteration and the statutory filing fee.

(b)  The board shall provide that each permit granted shall show whether it constitutes a permit from the department of lands as authorized by the department of lands, or whether an additional permit from the department of lands shall be required.
(c)  The board may adopt, revise and rescind such rules and regulations and issue such general orders as may be necessary to effectuate the purposes and policy of this chapter within the limitations and standards set forth in this chapter. Rules, regulations and orders adopted or issued pursuant to this section may include, but are not limited to, minimum standards to govern projects or activities for which a permit or permits have been received under this chapter and regulations governing procedures for processing applications and issuing permits under this chapter. Minimum standards and procedural regulations shall not be adopted pursuant to this section until after they have been offered for review and comment to other state agencies having an interest in activities regulated under this chapter. Any standards, rules, regulations and orders adopted or issued pursuant to this section shall be promulgated in accordance with the provisions of chapter 52, title 67, Idaho Code, to the extent that the provisions of chapter 52, title 67, Idaho Code, are not inconsistent herewith.
(d)  The board may, by regulation, dispense with procedural requirements for permit application and approval contained in this chapter for projects and activities which, in all respects, at least meet minimum standards adopted pursuant to this section.
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1977–2024 · leading case: Higginson v. Westergard, 604 P.2d 51 (Idaho 1979).
Sort: Relevance Newest Treatment
Higginson v. Westergard, 604 P.2d 51 (Idaho 1979). · cites it 2× “Since the Department of Water Resources is an adminis *691 trative body under I.C. § 42-3803(6) and I.C. § 67-5201 et seq.”
Ritter v. Standal, 566 P.2d 769 (Idaho 1977). · cites it 2× “However, I.C. § 42-3803(b) provides that permits for the alternation of a stream channel must show whether the Department of Lands has authorized the alteration or whether an additional permit from the Department of Lands is required before the alteration may proceed, i.”
Hastings v. IDWR (Idaho 2024). · cites it 4× “; I.C. § 42-3803(a). The Director is also vested with authority to commence enforcement actions against any person who is in substantial violation of the Stream Channel Alteration Act, provided the action is brought within two years of the Director’s actual or constructive…”
Idaho Code § 42-3803(6): 1 case
Higginson v. Westergard, 604 P.2d 51 (Idaho 1979). “Since the Department of Water Resources is an adminis *691 trative body under I.C. § 42-3803(6) and I.C. § 67-5201 et seq.”
Idaho Code § 42-3803(a): 1 case
Hastings v. IDWR (Idaho 2024). “; I.C. § 42-3803(a). The Director is also vested with authority to commence enforcement actions against any person who is in substantial violation of the Stream Channel Alteration Act, provided the action is brought within two years of the Director’s actual or constructive…”
Idaho Code § 42-3803(b): 1 case
Ritter v. Standal, 566 P.2d 769 (Idaho 1977). “However, I.C. § 42-3803(b) provides that permits for the alternation of a stream channel must show whether the Department of Lands has authorized the alteration or whether an additional permit from the Department of Lands is required before the alteration may proceed, i.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.