Before you build: Permit requirements
Pursuant to Boundary County Ordinance 98-4, permits are required prior to the construction of any approach or access onto a Boundary County Road, be it a permanent or temporary access. Permits are also required for any utility placement, including waterlines, along, across or under a county road. Permit applications are available at the Boundary County Road and Bridge office, located on U.S. 95 north of Bonners Ferry. There is no fee for this permit.
EXCERPTS FROM BOUNDARY COUNTY ORDINANCE 98-4
- A permit shall be required for the construction of all new accesses to County Roads and for existing accesses which are altered in any way. These permits are to be issued by the Road and Bridge Superintendent or his delegate
- The permit application shall include the location of the proposed road access, the design proposed, the construction requirements and a sketch or drawing of the proposed access. The application shall be signed by the landowner of the land upon which the access is to be constructed. Construction shall not begin until a permit has been issued.
- The road and bridge superintendent or appointed delegate may authorize minor variances in the construction road safety and work rules provided that no sacrifice of public safety and welfare can be made.
- No permit will be issued where materials do not comply with the Work Rules and Construction of an Access and the Standards of Road Safety and Construction set forth below.
- If an access onto county roads is created or altered in violation of this ordinance, such access will be posted with a warning notice of violation. A letter will be mailed to the landowner at the time of posting giving the landowner ten days from the date of posting to secure an approved application or to correct the encroachment. Failure to do so authorizes Boundary County to remove the access five days after the notice is complete, to correct any harm caused therefrom, to take such further action as authorized in Idaho Code section 40-2319 and to proceed criminally against the landowner. Boundary County shall also be entitled to a lien against the real property for any expense it incurs as a result of the failure of the landowner to comply with this ordinance.
- Accesses shall be for the purpose of securing access to a county road and not for the purpose of parking, conducting business or servicing vehicles on the county road right of way.
- The applicant shall furnish all material, labor and equipment involved in the construction of the access and its appurtenances as may be required by this or other requirements and regulations.
- Boundary County shall be entitled to make, at any time, such changes, additions, repairs and relocation of any access or its appurtenances within the county road right of way as may be necessary to permit the relocation, construction, reconstruction, widening or maintenance of the county road in order to provide proper protection of life and property on or adjacent to the county road.
- If an applicant fails to comply with the conditions of the permit, such permit may be terminated.
- Any construction of an access shall not interfere with county work. Boundary County shall not be held liable for damages to an applicant or his property by reason of such work or by the exercise of any rights by the county on its roads, public places or structures. Any damage or injury done to an applicant or his property, or expense incurred by him through the operation of a contractor or work done by county employees necessitated by the access at issue will be at the applicant's expense.
- If the performance of work, character of materials used, manners of installation, maintenance or operation involved in access at issue should cause damage to property, persons or corporations, the applicant, his successors or assigns, will be responsible for any action taken against Boundary County and defend it from such action and satisfy any adverse judgments.
- The permit issued for an access shall not be considered to be exclusive and shall not prohibit the county from using its roads and public places or affect the county's right to full supervision and control over same.
WORK RULES FOR CONSTRUCTION OF AN ACCESS:
- During the progress of construction of an access onto a county road, such barriers shall be erected and kept as necessary or as directed for the protection of the traveling public. Such barriers shall be in compliance with the Manual for Uniform Traffic Control Devices, a copy of which is available at the Boundary County Road and Bridge office. Barriers shall be properly equipped with lights for night use.
- Except as authorized by the road and bridge superintendent or delegate, no construction or obstacle placed within the limits of a county road during the construction of an access shall interfere with travel over the road. No obstacle, except as authorized, shall be placed within four feet of the running surface of a county road.
- Proper precautions shall be taken to provide and maintain adequate drainage of county roads. Any interference to drainage to a county road caused by the applicant or his agents will be corrected by Boundary County at the expense of the applicant.
- Before post-inspection approval is granted, all rubbish and debris generated by the access construction shall be removed and the roadside returned to its original or better condition.
- All work, or correction of work, shall be done to the satisfaction of the road and bridge superintendent or appointed delegate, and shall be in compliance with all county and state codes and regulations.
STANDARDS OF ROAD SAFETY AND CONSTRUCTION
- The line of sight in both directions shall be a minimum of 200 feet or greater from a point 10 feet behind and five feet high of the intersection of the access with the edge of the county road.
- The angle of intersection of the last 15 feet of the access with the edge of the county road shall be between 80 and 90 degrees.
- The slope of the access road back 15 feet prior to intersection from the shoulder of the county road shall be no greater than four percent negative grade and no less than two percent negative grade.
- Proper drainage facilities shall be constructed and maintained for every access. Drainage requirements are to be determined for each access by the road and bridge superintendent or delegate. Where a culvert is required, it will have a diameter of no less than 18 inches.
- The width of access apron at the point of the intersection with a county road must be as follows: residential, 20-30 feet; farmyard/field, 40-50 feet; utility maintenance, 40-50 feet; commercial one-way, 40-50 feet; commercial two way, 50-60 feet. Access boundary points at the intersection of the access must be staked and flagged prior to and during construction. Such stakes and flagging shall remain in place until the access permit has been issued.
- Other construction standards for access shall be according to specifications approved by the road and bridge superintendent or delegate or the Board of Boundary County Commissioners./li>
APPEALS: An appeal may be filed with the Board of Boundary County Commissioners of any decision made by the road and bridge superintendent or delegate within 20 days of the decision. The commissioners shall, within 10 days of receipt of appeal, set a hearing date to hear the appeal and shall provide written notice of the hearing to the person filing the appeal and to the road and bridge superintendent by first-class mail.
PENALTIES: Any person who violates the provisions of this ordinance, in addition to any civil sanction available above in this ordinance, shall be guilty of a misdemeanor and shall be punishable by imprisonment in a county jail not exceeding six months or by a fine not exceeding $300 or both.