Idaho Code
Idaho Code § 67-2341 (2026)
PUBLIC CAMPING OR SLEEPING — PROHIBITIONS.
✓ current as of May 2026
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PUBLIC CAMPING OR SLEEPING — PROHIBITIONS.
(1) Notwithstanding any provision of law to the contrary, public camping or sleeping as provided for in this section shall be unlawful in the state of Idaho. No city or single countywide highway district as defined in section 40-120, Idaho Code, shall authorize, permit, or enable public camping or sleeping as that term is defined in this section on public property, public building grounds, or public roads or rights-of-way within the jurisdiction of the city or the single countywide highway district. The provisions of this section shall not apply to or affect policies, rules, statutes, or leases regarding endowment lands, department of parks and recreation lands, or department of fish and game lands. The prohibitions against public camping or sleeping provided for in this section shall not apply to drivers of commercial vehicles or commercial motor vehicles as defined in section 49-123(2)(d), Idaho Code.
(2) For purposes of this section, "public camping or sleeping" means lodging or residing in a temporary outdoor habitation used as a dwelling, lodging, or living space, which includes sitting, lying, or sleeping for a prolonged amount of time, and may be evidenced by the erection of a tent or other temporary shelter, including a motor vehicle as defined in section 39-6501, Idaho Code, or a recreational vehicle as defined in section 49-119, Idaho Code, and may include but is not limited to the presence of bedding, pillows, cooking appliances, heat sources, the storage of personal belongings or food, or digging or earth breaking.
(3) Nothing in this section shall prohibit or prevent overnight camping for recreational or educational purposes on property designated for such purpose, authorized specific temporary events or activities, or authorized overnight parking at Idaho rest areas or private businesses in compliance with applicable established rules. Nothing in this section shall prohibit or restrict a city or single countywide highway district from maintaining and enforcing ordinances, rules, or laws that prohibit loitering, overnight camping, or other similar activities.
(4) The attorney general shall have the power to bring a civil action in any court of competent jurisdiction against any city or single countywide highway district to enjoin the city or countywide highway district from knowingly violating the provisions of this section. The attorney general may recover reasonable expenses incurred in any civil action brought under this section, including court costs, reasonable attorney’s fees, investigative costs, witness fees, and deposition costs. Any city or single countywide highway district that violates the provisions of this section may be assessed a civil penalty of not more than ten thousand dollars ($10,000) for each violation. Cities or single countywide highway districts against whom civil penalties are assessed are liable for reasonable attorney’s fees.
(5) The provisions of this section shall apply only to property within city limits for cities with a population of greater than or equal to one hundred thousand (100,000).
Notes of Decisions
Cited in 12
cases, 1978–2018 · leading case: State v. Yzaguirre, 163 P.3d 1183 (Idaho 2007).
State v. Yzaguirre, 163 P.3d 1183 (Idaho 2007). “" I.C. § 67-2341(3). Executive sessions are authorized for any of the purposes enumerated in I.”
Farrell v. Bd. of Com'rs, Lemhi Cnty., 64 P.3d 304 (Idaho 2002). “” I.C. § 67-2341(1). *389 The code section defining the specific responsibilities and duties of the county board of commissioners also provides an open meeting requirement: “All meetings of the board [of county commissioners] must be public, and the books, records, and accounts…”
Petersen v. Franklin Cnty., 938 P.2d 1214 (Idaho 1997). “A “decision” is “any determination, action, vote or final disposition upon a motion, proposal resolution, order, ordinance or measure on which a vote of a governing body is required-” I.C. § 67-2341(1). The district court found that the Commissioners made their final site…”
Safe Air for Everyone v. Idaho State Dep't of Agric., 177 P.3d 378 (Idaho 2008). “” Idaho Code § 67-2341 (5). The employees do not have “the authority” to make decisions for or recommendations to the ISDA.”
City of McCall v. Buxton, 201 P.3d 629 (Idaho 2009). “Idaho Code § 67-2341 (1) defines a “decision” as “any determination [or] action .”
Nelson v. Boundary Cnty., 706 P.2d 94 (Idaho Ct. App. 1985). “” I.C. § 67-2341. The applicability of the open meeting law to meetings of boards of county commissioners is not therefore merely implied, it is clearly stated in the more recent enactment.”
Gardner v. Evans, 719 P.2d 1185 (Idaho 1986). “” I.C. § 67-2341(2) defines “executive sessions” as “any meeting .”
Pocatello Hosp., LLC v. Corizon LLC (In Re Decision on Jt. Motion to Certify Question of Law to the Idaho Supreme Court), 444 P.3d 870 (Idaho 2018). “(citing I.C. § 67-2341(5) (2008) ). And unlike employees, a "governing body" under IOMA was required to have "the authority to make decisions for or recommendations to a public agency regarding any matter.”
In Re 42 Pa. C. S. § 1703, 394 A.2d 444 (Pa. 1978). “See also Idaho Code Ann., § 67-2341; Miss.Code Ann.”
Noble v. Kootenai Cnty., 231 P.3d 1034 (Idaho 2010). “” Under I.C. § 67-2341, the Board is a governing body of a public agency for purposes of I.”
State Ex Rel. Roark v. City of Hailey, 633 P.2d 576 (Idaho 1981). “” I.C. § 67-2341(5). The act further provides that all such meetings must “be open to the public and all persons shall be permitted to attend any meeting except as otherwise provided by this act.”
McKinsey v. Vernon, 941 P.2d 326 (Idaho 1997). “McKINSEY DID NOT RAISE THE CLAIM OF A VIOLATION OF THE OPEN MEETING LAW BEFORE THE DISTRICT COURT AND, THEREFORE, IS PRECLUDED FROM ASSERTING IT AT THIS TIME.”
— Idaho Code § 67-2341(1) — 3 cases
Farrell v. Bd. of Com'rs, Lemhi Cnty., 64 P.3d 304 (Idaho 2002). “” I.C. § 67-2341(1). *389 The code section defining the specific responsibilities and duties of the county board of commissioners also provides an open meeting requirement: “All meetings of the board [of county commissioners] must be public, and the books, records, and accounts…”
Petersen v. Franklin Cnty., 938 P.2d 1214 (Idaho 1997). “A “decision” is “any determination, action, vote or final disposition upon a motion, proposal resolution, order, ordinance or measure on which a vote of a governing body is required-” I.C. § 67-2341(1). The district court found that the Commissioners made their final site…”
Safe Air for Everyone v. Idaho State Dep't of Agric., 177 P.3d 378 (Idaho 2008). “” Idaho Code § 67-2341 (5). The employees do not have “the authority” to make decisions for or recommendations to the ISDA.”
— Idaho Code § 67-2341(2) — 1 case
Gardner v. Evans, 719 P.2d 1185 (Idaho 1986). “” I.C. § 67-2341(2) defines “executive sessions” as “any meeting .”
— Idaho Code § 67-2341(3) — 1 case
State v. Yzaguirre, 163 P.3d 1183 (Idaho 2007). “" I.C. § 67-2341(3). Executive sessions are authorized for any of the purposes enumerated in I.”
— Idaho Code § 67-2341(3)(c) — 1 case
Nelson v. Boundary Cnty., 706 P.2d 94 (Idaho Ct. App. 1985). “” I.C. § 67-2341. The applicability of the open meeting law to meetings of boards of county commissioners is not therefore merely implied, it is clearly stated in the more recent enactment.”
— Idaho Code § 67-2341(4)(c) — 1 case
Petersen v. Franklin Cnty., 938 P.2d 1214 (Idaho 1997). “A “decision” is “any determination, action, vote or final disposition upon a motion, proposal resolution, order, ordinance or measure on which a vote of a governing body is required-” I.C. § 67-2341(1). The district court found that the Commissioners made their final site…”
— Idaho Code § 67-2341(4)(d) — 1 case
Safe Air for Everyone v. Idaho State Dep't of Agric., 177 P.3d 378 (Idaho 2008). “” Idaho Code § 67-2341 (5). The employees do not have “the authority” to make decisions for or recommendations to the ISDA.”
— Idaho Code § 67-2341(5) — 4 cases
Petersen v. Franklin Cnty., 938 P.2d 1214 (Idaho 1997). “A “decision” is “any determination, action, vote or final disposition upon a motion, proposal resolution, order, ordinance or measure on which a vote of a governing body is required-” I.C. § 67-2341(1). The district court found that the Commissioners made their final site…”
Pocatello Hosp., LLC v. Corizon LLC (In Re Decision on Jt. Motion to Certify Question of Law to the Idaho Supreme Court), 444 P.3d 870 (Idaho 2018). “(citing I.C. § 67-2341(5) (2008) ). And unlike employees, a "governing body" under IOMA was required to have "the authority to make decisions for or recommendations to a public agency regarding any matter.”
State Ex Rel. Roark v. City of Hailey, 633 P.2d 576 (Idaho 1981). “” I.C. § 67-2341(5). The act further provides that all such meetings must “be open to the public and all persons shall be permitted to attend any meeting except as otherwise provided by this act.”
Safe Air for Everyone v. Idaho State Dep't of Agric., 177 P.3d 378 (Idaho 2008). “” Idaho Code § 67-2341 (5). The employees do not have “the authority” to make decisions for or recommendations to the ISDA.”
— Idaho Code § 67-2341(6) — 1 case
Farrell v. Bd. of Com'rs, Lemhi Cnty., 64 P.3d 304 (Idaho 2002). “” I.C. § 67-2341(1). *389 The code section defining the specific responsibilities and duties of the county board of commissioners also provides an open meeting requirement: “All meetings of the board [of county commissioners] must be public, and the books, records, and accounts…”
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