What is rulemaking?
In Idaho, rulemaking is governed by the Idaho Administrative Procedures Act (IDAPA) Title 67, Chapter 52, Idaho Code. Rulemaking is conducted by state agencies for a variety of reasons.
The four most common reasons are:
- A new statute or amendment by the state legislature
- New federal regulations which require implementation
- ITD initiated rulemaking
- A petition, from an outside party, to change or adopt a rule
If you are interested in commenting on proposed rules, you may send your comments via email, phone or mail to the person named in the published Bulletin Notice. Please be aware that public comments are part of the formal rulemaking record and are therefore public record.
Draft rules under review
The department is reviewing the following rules in preparation for the 2027 legislative session:
39.02.60 – Rules Governing License Plate Provisions (Draft Edits)
39.02.80 – Rules Governing Motor Carrier Financial Responsibility (Draft Edits)
The department is seeking to modify rule 39.02.60 in order to remove references to registration stickers and license plate expiration due to the passage of House Bill 533 and House Bill 577, respectively, during the 2026 legislative session. Rule 39.02.80 is scheduled for review under the Office of the Administrative Rule Coordinator’s 8-year rule review schedule.
A negotiated rulemaking meeting covering proposed edits to these two rules will be held Thursday May 21, 2025 – 1:00 p.m.- 3:00 p.m. (MT) at ITD Headquarters and online. Visit the website calendar for event details and online participation information.
Past rulemaking
- Rule 39.03.41, rules governing traffic control devices to comply with the Federal MUTCD Manual
- Rule 39.03.60, rules governing outdoor advertising, accident memorials, and other official signs to comply with Governor Little’s Zero-Based Regulation Executive Order
- Rule 39.03.65, rules governing traffic minute entries to comply with Governor Little’s Zero-Based Regulation Executive Order
The department is reviewing the following rules in preparation for the 2027 legislative session: