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

Section 153.19, 'Encroachment on Right-of-Way,' gives the county direct authority over anything placed inside a highway or public right-of-way it governs. The section names gates, fences, buildings, landscaping, rocks or boulders, and mailboxes or mailbox stands as examples of an encroachment, then extends the same treatment to 'anything similar to these.' If county staff identify such an encroachment, the code lets the county require the property owner to remove it. Where the encroachment actually obstructs and prevents vehicle use of the highway or right-of-way, the code escalates: the county 'shall immediately cause the encroachment to be removed,' citing Idaho Code § 40-2319, the state statute authorizing counties to clear obstructions from public roads.

Before placing anything in the right-of-way that is not already forbidden outright, a property owner should instead apply for a § 153.04 right-of-way permit, since subsection (B) requires a permit for utility work, driveway tie-ins, drainage changes, tree work, curb and sidewalk work, and 'other activity within the right-of-way such as temporary storage, stockpiling, demolition and any other activity expressed or implied to be the administration responsibility of the county.' The chapter's mailbox provision illustrates how this plays out for one common encroachment: § 153.18 lets the Department grant a written exception for a mailbox placement that does not interfere with the safety or operation of the road system, but an installation outside that process is an 'unauthorized encroachment' under Idaho Code §§ 49-221(2), 50-313 or 50-314.