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ROW Record

State record · ID · 2026-09-01 · Statute

Idaho

Live on this state’s ALPR statute. The occupancy form on file is not a named ALPR highway instrument. A live card is not a permit in hand.

Statute
Open the workbenchThe method
Highway system
Primary
State highway system: the highways, or sections of highways, the Idaho Transportation Board designates and accepts as part of the state highway system (Idaho Code § 40-310(1)). County, highway-district, and city systems are other authorities — not the state highway system.
Owner
Primary
Idaho Transportation Board determines which highways are on the state highway system (Idaho Code § 40-310). The Idaho Transportation Department (ITD) is the state agency that administers that system; ITD’s Right of Way page is the packed DOT desk for ROW permits on state highways.
Right-of-way
Not retrieved
not packed. Idaho’s statutory ROW definition for state highways is not packed in this build. Do not substitute Florida § 334.03(21).
Public records
Primary
Idaho Public Records Act (Idaho Code title 74, chapter 1; inspection § 74-102). Who may request: Every person has a right to examine and take a copy of any public record of this state, at all reasonable times for inspection except as otherwise expressly provided by statute (§ 74-102(1)).
Open meetings
Primary
Open Meetings Law (Idaho Code title 74, chapter 2; policy § 74-201)
ALPR statute
Primary
Idaho Code § 49-1432 (added 2025, ch. 316, § 1, p. 1320; S 1180, effective 1 July 2025) — Automated license plate readers — data access and control. Enrolled as 2025 Idaho Session Laws ch. 316 from S 1180. An “agency” (the state, any political subdivision, or any agency thereof) may use an automated license plate reader and its data for law-enforcement purposes, traffic-flow analysis, or both. Law-enforcement use: the device and its data shall not be used for any purpose other than investigation of felony or misdemeanor crimes or traffic accidents or to search for missing or endangered persons, and shall not be used to enforce traffic infractions other than those associated with a traffic accident. Access is limited to authorized personnel with access controls. Non-law-enforcement use of the data is forbidden except as the section expressly allows (personal use, political activity, and unrelated surveillance are named). Misuse is subject to discipline, administrative penalties, and criminal prosecution if applicable. Mandatory training; all access/queries logged (user, date, time, purpose); semiannual audits of access logs. The packed section does not state a destruction clock.

Packed from the Idaho Legislature statute page. History line: added 2025, ch. 316, sec. 1, p. 1320. S 1180 bill page lists effective date 07/01/2025. Stateline’s 2025 news item is a lead only — the enrolled code is the packed text. No retention period is in § 49-1432 as retrieved; empty beats inventing one.

ROW permit
Primary
ITD Right of Way Permit (approach / encroachment / utility / special event — no ALPR type listed). Who may apply: ITD’s Right of Way page points applicants to the online Right of Way Permit Tool for access, approach, encroachment, special-event permits and more. It does not name who may apply for an ALPR.. Primary ITD page retrieved. Permit types named: approaches, utilities, special events, encroachment. No “ALPR” or license-plate-reader permit type is listed. Do not treat a utility or encroachment form as an ALPR install spec. Do not copy Florida GUP, Minnesota OLPA, or Utah ALPRS Special Use.

Primary ITD page retrieved. Permit types named: approaches, utilities, special events, encroachment. No “ALPR” or license-plate-reader permit type is listed. Do not treat a utility or encroachment form as an ALPR install spec. Do not copy Florida GUP, Minnesota OLPA, or Utah ALPRS Special Use.

https://itd.idaho.gov/row/

Install process in this state

Steps 1–4 are primary statute or ITD. Step 5 is the negative finding on the ROW tool.

  1. This is Idaho state-highway ROW under Idaho Code § 40-310, not Florida’s State Highway System. Do not import FAC 14-20.010, MnDOT OLPA, or UDOT Special Use.
  2. § 49-1432 is a use-and-data-control statute (who may use a reader, for what, access logs, audits). It is not a ROW permit and it does not set a retention number.
  3. If the land is on the state highway system, ITD’s Right of Way Permit Tool is the packed desk for approach, encroachment, utility, and special-event permits. County/highway-district/city systems are other owners.
  4. An agency that uses a reader for law enforcement must limit use to felony/misdemeanor investigation, traffic accidents, or missing/endangered-person searches; must not use it to enforce traffic infractions except those tied to a traffic accident; must train users, log queries, and audit logs twice a year.
  5. ITD does not list an ALPR permit type on the retrieved ROW page. Empty beats inventing one.

Primary

Where to ask

  • City or county clerk / public-records custodian

    Minutes, resolutions, vote records; public records under title 74, chapter 1

  • Purchasing / finance

    Vendor contract, amendments, invoices — if a contract exists. Do not invent one.

  • Law-enforcement agency

    Access logs, semiannual audit records, training records under § 49-1432

  • ITD Right of Way Section

    ROW permit files (approach/encroachment/utility/special event). No ALPR-typed file was packed.

SupportedEvidence
Idaho Code § 49-1432 lets an agency use an automated license plate reader for law-enforcement purposes, traffic-flow analysis, or both, and bars law-enforcement use to enforce traffic infractions other than those associated with a traffic accident.

id-49-1432

UnprovenAssumption
Idaho Code § 49-1432 sets a destruction deadline for ALPR data.

The packed section has access, logging, and audit rules. It does not state a number of days. Empty beats inventing a clock.

id-49-1432

UnprovenAssumption
ITD lists a permit type named for automatic license plate readers on state-highway right-of-way.

The retrieved ITD ROW page names approach, encroachment, utility, and special-event permits. It does not name ALPR.

id-itd-row

Sources in this pack

What was checked

  1. 2026-09-01

    https://legislature.idaho.gov/statutesrules/idstat/title49/t49ch14/sect49-1432/

    Primary: Idaho Code § 49-1432 packed in full. History 2025, ch. 316, § 1. No retention clock in the section.

  2. 2026-09-01

    https://legislature.idaho.gov/sessioninfo/2025/legislation/S1180/

    Primary bill page: S 1180 became law; chapter 316; effective 07/01/2025; signed 04/04/2025.

  3. 2026-09-01

    Stateline 10 Oct 2025 (Idaho as one of three 2025 ALPR enactments)

    Secondary news lead only. Not used as the statute. Enrolled citation packed from the Legislature.

  4. 2026-09-01

    https://legislature.idaho.gov/statutesrules/idstat/title74/t74ch1/sect74-102/ and /title74/t74ch2/sect74-201/ and /title40/t40ch3/sect40-310/

    Primary: Public Records Act inspection, Open Meetings Law policy, Transportation Board / state highway system.

  5. 2026-09-01

    https://itd.idaho.gov/row/

    Primary: ITD Right of Way permits (approach, encroachment, utility, special event). No ALPR type listed.

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