Idaho Code
Idaho Code § 58-1302 (2026)
Encroachment on navigable lakes — Definitions.
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IClegislature.idaho.gov
Justiaon Justia
CornellLII Search
CasesGoogle Scholar
Encroachment on navigable lakes — Definitions.
(a) "Navigable lake" means any permanent body of relatively still or slack water, including man-made reservoirs, not privately owned and not a mere marsh or stream eddy, and capable of accommodating boats or canoes. This definition does not include man-made reservoirs where the jurisdiction thereof is asserted and exclusively assumed by a federal agency.
(b) "Beds of navigable lakes" means the lands lying under or below the "natural or ordinary high water mark" of a navigable lake and, for purposes of this act only, the lands lying between the natural or ordinary high water mark and the artificial high water mark, if there be one.
(c) "Natural or ordinary high water mark" means the high water elevation in a lake over a period of years, uninfluenced by man-made dams or works, at which elevation the water impresses a line on the soil by covering it for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes.
(d) "Artificial high water mark" means the high water elevation above the natural or ordinary high water mark resulting from construction of man-made dams or control works and impressing a new and higher vegetation line.
(e) "Low water mark" means that line or elevation on the bed of the lake marked or located by the average low water elevations over a period of years and marks the point to which the riparian rights of adjoining landowners extend as a matter of right, in aid of their right to use the waters of the lake for purposes of navigation.
(f) "Riparian or littoral rights" means only the rights of owners or lessees of land adjacent to navigable waters of the lake to maintain their adjacency to the lake and to make use of their rights as riparian or littoral owners or lessees in building or using aids to navigation but does not include any right to make any consumptive use of the waters of the lake.
(g) "Line of navigability" means a line located at such distance waterward of the low water mark established by the length of existing legally permitted encroachments, water depths waterward of the low water mark, and by other relevant criteria determined by the board when a line has not already been established for the body of water in question.
(h) "Encroachments in aid of navigation" means and includes docks, piers, floats, pilings, breakwaters, boat ramps, channels or basins, and other such aids to the navigability of the lake, on, in or above the beds or waters of a navigable lake. The term "encroachments in aid of navigation" may be used interchangeably herein with the term "navigational encroachments."
(i) "Encroachments not in aid of navigation" means and includes all other encroachments on, in or above the beds or waters of a navigable lake, including landfills or other structures not constructed primarily for use in aid of the navigability of the lake. The term "encroachments not in aid of navigation" may be used interchangeably herein with the term "nonnavigational encroachments."
(j) "Board" means the board of land commissioners of the state of Idaho or its authorized representative.
(k) "Plans" means maps, sketches, engineering drawings, aerial and other photographs, word descriptions, and specifications sufficient to describe the extent, nature and approximate location of the proposed encroachment and the proposed method of accomplishing the same.
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 2003–2025 · leading case: Kaseburg v. State, Bd. of Land Commissioners, 300 P.3d 1058 (Idaho 2013).
Kaseburg v. State, Bd. of Land Commissioners, 300 P.3d 1058 (Idaho 2013). “Idaho Code § 58-1302 (g) establishes the line of navigability waterward of the low water mark “when a line has not already been established for the body of water in question.”
State Bd. of Land v. Philip Hudson, 407 P.3d 202 (Idaho 2017). “But I guess what I’m most struck by is Idaho Code 58-1302 and the issue of navigability and encroachments.”
Lovitt v. Robideaux, 78 P.3d 389 (Idaho 2003). “I.C. § 58-1302(f). If it appears infringement may occur, the applicant shall either obtain written consent from the adjacent property owner or provide notice of the application by means of personal service or certified mail.”
Twin Lakes Canal Co. v. Choules, 254 P.3d 1210 (Idaho 2011). “The provisions of this section shall not be construed to apply to the beds of navigable waters lying below the natural or ordinary high watermark as defined in subsection (c) of section 58-1302, Idaho Code, and subsection (9) of section 58-104, Idaho Code, or any other lands…”
Newton v. MJK/BJK MBK Lake; KAKM & Idaho Dept of Lands (Idaho 2020). “See I.C. § 58-1302(f). The LPA provides that littoral rights are: [O]nly the rights of owners or lessees of land adjacent to navigable waters of the lake to maintain their adjacency to the lake and to make use of their rights as .”
Wilson v. Idaho State Bd. of Land Commissioners (Idaho 2025). “Importantly, while the State has title to the lakebed up to the OHWM, its regulatory authority extends beyond the OHWM, to “the lands lying between the natural or ordinary high water mark [OHWM] and the artificial high water mark [AHWM], if there be one.”
Wilson v. Idaho State Bd. of Land Commissioners (Idaho 2025). “Importantly, while the State has title to the lakebed up to the OHWM, its regulatory authority extends beyond the OHWM, to “the lands lying between the natural or ordinary high water mark [OHWM] and the artificial high water mark [AHWM], if there be one.”
Brett v. Eleventh Street Dockowner's Ass'n, 112 P.3d 805 (Idaho 2005). “Establishing the Littoral Boundary Littoral rights, for the purposes of issuing lake encroachment permits, refer to the right of owners or lessees of land adjacent to navigable waters “to maintain their adjacency to the lake and to make use of their rights” as littoral owners by…”
Byrd v. Idaho State Brd. of Land Commissioners (Idaho 2022). “” I.C. § 58-1302(c). See also I.C. § 58-104(9).”
Brett v. Eleventh Street Dockowner's Ass'n, 112 P.3d 805 (Idaho 2005). “Establishing the Littoral Boundary Littoral rights, for the purposes of issuing lake encroachment permits, refer to the right of owners or lessees of land adjacent to navigable waters "to maintain their adjacency to the lake and to make use of their rights" as littoral owners by…”
— Idaho Code § 58-1302(a) — 1 case
State Bd. of Land v. Philip Hudson, 407 P.3d 202 (Idaho 2017). “But I guess what I’m most struck by is Idaho Code 58-1302 and the issue of navigability and encroachments.”
— Idaho Code § 58-1302(b) — 3 cases
State Bd. of Land v. Philip Hudson, 407 P.3d 202 (Idaho 2017). “But I guess what I’m most struck by is Idaho Code 58-1302 and the issue of navigability and encroachments.”
Wilson v. Idaho State Bd. of Land Commissioners (Idaho 2025). “Importantly, while the State has title to the lakebed up to the OHWM, its regulatory authority extends beyond the OHWM, to “the lands lying between the natural or ordinary high water mark [OHWM] and the artificial high water mark [AHWM], if there be one.”
Wilson v. Idaho State Bd. of Land Commissioners (Idaho 2025). “Importantly, while the State has title to the lakebed up to the OHWM, its regulatory authority extends beyond the OHWM, to “the lands lying between the natural or ordinary high water mark [OHWM] and the artificial high water mark [AHWM], if there be one.”
— Idaho Code § 58-1302(c) — 3 cases
Byrd v. Idaho State Brd. of Land Commissioners (Idaho 2022). “” I.C. § 58-1302(c). See also I.C. § 58-104(9).”
Wilson v. Idaho State Bd. of Land Commissioners (Idaho 2025). “Importantly, while the State has title to the lakebed up to the OHWM, its regulatory authority extends beyond the OHWM, to “the lands lying between the natural or ordinary high water mark [OHWM] and the artificial high water mark [AHWM], if there be one.”
Wilson v. Idaho State Bd. of Land Commissioners (Idaho 2025). “Importantly, while the State has title to the lakebed up to the OHWM, its regulatory authority extends beyond the OHWM, to “the lands lying between the natural or ordinary high water mark [OHWM] and the artificial high water mark [AHWM], if there be one.”
— Idaho Code § 58-1302(d) — 4 cases
Kaseburg v. State, Bd. of Land Commissioners, 300 P.3d 1058 (Idaho 2013). “Idaho Code § 58-1302 (g) establishes the line of navigability waterward of the low water mark “when a line has not already been established for the body of water in question.”
Byrd v. Idaho State Brd. of Land Commissioners (Idaho 2022). “” I.C. § 58-1302(c). See also I.C. § 58-104(9).”
Wilson v. Idaho State Bd. of Land Commissioners (Idaho 2025). “Importantly, while the State has title to the lakebed up to the OHWM, its regulatory authority extends beyond the OHWM, to “the lands lying between the natural or ordinary high water mark [OHWM] and the artificial high water mark [AHWM], if there be one.”
Wilson v. Idaho State Bd. of Land Commissioners (Idaho 2025). “Importantly, while the State has title to the lakebed up to the OHWM, its regulatory authority extends beyond the OHWM, to “the lands lying between the natural or ordinary high water mark [OHWM] and the artificial high water mark [AHWM], if there be one.”
— Idaho Code § 58-1302(f) — 5 cases
Lovitt v. Robideaux, 78 P.3d 389 (Idaho 2003). “I.C. § 58-1302(f). If it appears infringement may occur, the applicant shall either obtain written consent from the adjacent property owner or provide notice of the application by means of personal service or certified mail.”
Newton v. MJK/BJK MBK Lake; KAKM & Idaho Dept of Lands (Idaho 2020). “See I.C. § 58-1302(f). The LPA provides that littoral rights are: [O]nly the rights of owners or lessees of land adjacent to navigable waters of the lake to maintain their adjacency to the lake and to make use of their rights as .”
Brett v. Eleventh Street Dockowner's Ass'n, 112 P.3d 805 (Idaho 2005). “Establishing the Littoral Boundary Littoral rights, for the purposes of issuing lake encroachment permits, refer to the right of owners or lessees of land adjacent to navigable waters “to maintain their adjacency to the lake and to make use of their rights” as littoral owners by…”
Byrd v. Idaho State Brd. of Land Commissioners (Idaho 2022). “” I.C. § 58-1302(c). See also I.C. § 58-104(9).”
Brett v. Eleventh Street Dockowner's Ass'n, 112 P.3d 805 (Idaho 2005). “Establishing the Littoral Boundary Littoral rights, for the purposes of issuing lake encroachment permits, refer to the right of owners or lessees of land adjacent to navigable waters "to maintain their adjacency to the lake and to make use of their rights" as littoral owners by…”
— Idaho Code § 58-1302(g) — 1 case
Kaseburg v. State, Bd. of Land Commissioners, 300 P.3d 1058 (Idaho 2013). “Idaho Code § 58-1302 (g) establishes the line of navigability waterward of the low water mark “when a line has not already been established for the body of water in question.”
— Idaho Code § 58-1302(h) — 2 cases
Kaseburg v. State, Bd. of Land Commissioners, 300 P.3d 1058 (Idaho 2013). “Idaho Code § 58-1302 (g) establishes the line of navigability waterward of the low water mark “when a line has not already been established for the body of water in question.”
Newton v. MJK/BJK MBK Lake; KAKM & Idaho Dept of Lands (Idaho 2020). “See I.C. § 58-1302(f). The LPA provides that littoral rights are: [O]nly the rights of owners or lessees of land adjacent to navigable waters of the lake to maintain their adjacency to the lake and to make use of their rights as .”
— Idaho Code § 58-1302(i) — 2 cases
Lovitt v. Robideaux, 78 P.3d 389 (Idaho 2003). “I.C. § 58-1302(f). If it appears infringement may occur, the applicant shall either obtain written consent from the adjacent property owner or provide notice of the application by means of personal service or certified mail.”
Newton v. MJK/BJK MBK Lake; KAKM & Idaho Dept of Lands (Idaho 2020). “See I.C. § 58-1302(f). The LPA provides that littoral rights are: [O]nly the rights of owners or lessees of land adjacent to navigable waters of the lake to maintain their adjacency to the lake and to make use of their rights as .”
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.