(Idaho Department of Lands Press Release, August 27, 2026)
Boise, Idaho – As summer comes to an end, waterfront properties often change hands. At the same time, the Idaho Department of Lands (IDL) receives an increase in requests to assign encroachment permits, most commonly permits for docks.
To avoid unnecessary delays, buyers and sellers should review a property’s encroachment permits before closing. Identifying potential issues early gives property owners more time and options to resolve them.
When waterfront property is sold, existing encroachment permits stay with the parcel. However, the permit must be formally assigned to the new owner. Before a permit can be assigned, the property must be in compliance with the permit.
This means all encroachments — including docks, boat lifts, buoys, riprap or bank stabilization, waterlines, boat garages and other structures in, on, above or below the high water mark — must be permitted and match the permitted design.
IDL administers Idaho’s Lake Protection Act and IDAPA 20.03.04, which regulate encroachments on, in and above Idaho’s navigable waterways to protect the public trust in these waters.
If you are buying or selling waterfront property, start looking for potential problems early. After IDL receives an assignment request and payment, a Navigable Waterways specialist reviews the property for noncompliance and contacts the applicant if potential issues are identified.
Noncompliance can often be resolved by:
- Bringing an encroachment back into compliance with its permitted design.
- Removing an unpermitted encroachment.
- Applying for a new permit for an encroachment that meets current rules.
IDL can work with waterfront owners to address these issues, but resolving them can take time. Waiting until the last minute can create unnecessary delays during a property closing.
Do Your Homework
Step 1 — Find the permit. Check the IDL Encroachments Map or submit a public records request to public_records_request@idl.idaho.gov. If a permit exists, it can be provided within 3–10 days.
Step 2 — Compare the permit to what is actually there. Use county GIS, Google Earth, or even a measuring tape and a walk down to the dock. Compare the permitted location, dimensions, and design to the existing encroachments.
Step 3 — If something doesn’t match, contact your local IDL office. Addressing potential noncompliances before closing gives everyone more options and more time to resolve them. It may take 30-60 days to address unpermitted encroachments and noncompliance, so starting early is essential.
Failure to address noncompliances or properly assign permits to new ownership may result in penalties or other enforcement actions under the Lake Protection Act and IDAPA 20.03.04.
For more information, visit IDL’s Encroachment Permits page or check out the Navigable Waterways Assignment Informational Handout.
