Bonner County, ID Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Bonner County Revised Code § 2-811 is the county's enforcement hook for private use of road right of way. Subsection A authorizes Bonner County to remove any encroachment into a county right of way, including signs, fences and approaches, that was placed or constructed without permits as required by the chapter or in violation of the terms of a permit. Removal proceeds in compliance with Idaho Code section 40-2319. Subsection B lets the county modify, reshape or restore any drainage, roadside or roadside shoulder or other topographic feature needed to protect the integrity of a county right of way or appurtenant structure.

The permit itself comes from the Bonner County public works department. Section 2-830 A makes it unlawful to do or permit any construction, placement, installation, enlargement, extension or structure subject to Chapter 8 that is not in accord with an approved permit, or without first procuring a permit from the department. Section 2-803 A sets the reach: new approaches and driveways entering county-maintained roads or located within county rights of way, existing approaches where property improvements require road and bridge department approval, utility facilities within county rights of way or within twenty five feet (25') of centerline of county-maintained roads, and new road signs.

Section 2-810 A adds the development side. As part of the decision to permit roads and construction encroachments within county rights of way, the public works department can enter into development agreements with encroachment applicants requiring improvements that mitigate increased traffic, and the Board of County Commissioners approves those agreements by resolution. Under section 2-820, any person can apply for a variance from the chapter or the Road Standards Manual, on forms from the road department, and the board hears it at the next available regular meeting.

Section 2-830 F adds an investigation fee whenever permit-required work starts without a permit: it is collected whether or not a permit is later issued, and a separate fee is charged for each site visit by the public works department. Section 2-840 lets the public works director issue a written stop work order, posted on the premises and sent by certified mail to the landowner.