Bonneville County, ID Sidewalk & Pedestrian Rules: Obstruction Rules (2026)
Key Facts
- Governing section
- § 153.19
- Enforcing authority
- County Public Works Department
- State authority cited
- Idaho Code § 40-2319
- First offense fine
- $100
- Repeat penalty
- Up to $300 fine, 1 month jail
Summary
Bonneville County can order the removal of gates, fences, buildings, landscaping, rocks or mailboxes that encroach on a county highway or right-of-way, and must remove immediately anything that blocks vehicle passage.
If any highway or public right-of-way under the jurisdiction of the county is encroached upon by gates, fences, buildings, landscaping, rocks/boulders, mailbox or mailbox stand, or anything similar to these, the county may require the encroachment to be removed. If the encroachment is of a nature as to effectually obstruct and prevent the use of the highway or public right-of-way for vehicles, the county shall immediately cause the encroachment to be removed, per Idaho Code § 40-2319.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-1: Ordinance 280-26, passed 1-20-2026).
Full Breakdown
Section 153.19 gives the county authority to require removal of any encroachment on a highway or public right-of-way under its jurisdiction, naming gates, fences, buildings, landscaping, rocks or boulders, mailboxes or mailbox stands, or anything similar as examples. If the encroachment effectually obstructs and prevents vehicle use of the highway or right-of-way, the statute requires the county to act immediately, citing Idaho Code Section 40-2319 as the authority for that removal. The chapter's definitions section, Section 153.02, separately defines ENCROACHMENT to include any gate, fence, building, debris, mailbox, or material used to fill in a drainage swale, plus landscaping material over 18 inches in height. A related provision, Section 153.18, treats a nonconforming mailbox installation that interferes with the safety of the traveling public or the road system's function as an unauthorized encroachment under Idaho Code Sections 49-221(2), 50-313 and 50-314, though exceptions can be granted in writing if Public Works finds no interference with safety or road operation.
Violations & Fines
Violations of Chapter 153, including Section 153.19, fall under the general penalty in Section 153.99(A): a first offense is punished by a $100 fine, and a second or subsequent offense becomes a misdemeanor punishable by up to a $300 fine, up to one month in jail, and restitution. Each separate day a violation continues counts as a separate offense that can be charged individually.
Frequently Asked Questions
Can Bonneville County make me remove a fence built into the road right-of-way?
What counts as an encroachment on a Bonneville County right-of-way?
What is the fine for an illegal encroachment in Bonneville County?
Sources & Official References
Other rules in Bonneville County
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