Idaho Code

Idaho Code § 46-1011 (2026)

Local disaster emergencies.

✓ current as of May 2026

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Local disaster emergencies.

(1) A local disaster emergency may be declared only by a mayor or chairman of the county commissioners within their respective political subdivisions. It shall not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the local county recorder.

(2) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or intergovernmental disaster emergency plans and to authorize the furnishing of aid and assistance thereunder.

(3) No intergovernmental agency or official thereof may declare a local disaster emergency, unless expressly authorized by the agreement pursuant to which the agency functions. However, an intergovernmental disaster agency shall provide aid and services in accordance with the agreement pursuant to which it functions.

Notes of Decisions

Cited in 4 cases, 1987–2003 · leading case: Inama v. Boise Cnty. Ex Rel. Bd. of Commissioners, 63 P.3d 450 (Idaho 2003).

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Inama v. Boise Cnty. Ex Rel. Bd. of Commissioners, 63 P.3d 450 (Idaho 2003). · cites it 4× “On December 25, 1996, the chairman of the Boise County Board of County Commissioners declared an emergency pursuant to Idaho Code § 46-1011 . 1 That declaration of emergency was reduced to writing by resolution adopted on December 30,1996.”

S. Griffin Constr., Inc. v. City of Lewiston, 16 P.3d 278 (Idaho 2000). · cites it 9× “I.C. § 46-1011 (emphasis added). The Resolution passed by the City on March 1,1994, read as follows: RESOLUTION 94-40 A RESOLUTION DECLARING A STATE OF EMERGENCY FOR THE FIRE OCCURRING ON MARCH 1,1994, AT FIFTH AND MAIN STREET IN DOWNTOWN LEWISTON AND PROVIDING AN EFFECTIVE DATE…”

Marty v. State, 786 P.2d 524 (Idaho 1989). · cites it 8× “I.C. § 46-1011(1). I.C. *535 § 46-1017 [2] also grants immunity from liability for death, injury or damage resulting from activity conducted pursuant to the Act.”

Union Pac. R. Co. v. State of Idaho, 654 F. Supp. 1236 (D. Idaho 1987). · cites it 4× “Idaho Code § 46-1011 provides that, “[a] local disaster emergency may be declared only by a mayor or chairman of the county commissioners within their respective political subdivisions.”

— Idaho Code § 46-1011(1) — 3 cases

Inama v. Boise Cnty. Ex Rel. Bd. of Commissioners, 63 P.3d 450 (Idaho 2003). “On December 25, 1996, the chairman of the Boise County Board of County Commissioners declared an emergency pursuant to Idaho Code § 46-1011 . 1 That declaration of emergency was reduced to writing by resolution adopted on December 30,1996.”

Marty v. State, 786 P.2d 524 (Idaho 1989). “I.C. § 46-1011(1). I.C. *535 § 46-1017 [2] also grants immunity from liability for death, injury or damage resulting from activity conducted pursuant to the Act.”

S. Griffin Constr., Inc. v. City of Lewiston, 16 P.3d 278 (Idaho 2000). “I.C. § 46-1011 (emphasis added). The Resolution passed by the City on March 1,1994, read as follows: RESOLUTION 94-40 A RESOLUTION DECLARING A STATE OF EMERGENCY FOR THE FIRE OCCURRING ON MARCH 1,1994, AT FIFTH AND MAIN STREET IN DOWNTOWN LEWISTON AND PROVIDING AN EFFECTIVE DATE…”

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