Idaho State Statutes - Idaho Attorney Directory

CLEARING RIGHTS OF WAY -- PRECAUTION IN CLEARING -- APPLICATION
TO PUBLIC WORK -- PENALTY -- INJUNCTION. Everyone clearing right of way for
any railroad, public or private highway or road, public trail, public utility,
logging road, trail, ditch, dike, pipe line or wire line, or any other
transmission or transportation utility right of way, shall safely dispose of
all refuse timber, brush, slash or debris cut for such clearing or resulting
from the cutting of material for the construction of such right of way. Said
piling and burning shall be done as rapidly as cutting and clearing
progresses; provided, that upon application to the director of the department
of lands, he may grant a permit extending the time within which such burning
must be done; provided, further, that if such work be done during the closed
season it must be done in compliance with all the provisions of this chapter
relating to burning permits during the closed season.
The provisions of this section shall apply to all clearing of rights of
way on behalf of the state, county, highway districts and road districts,
whether the work be done by day labor, or by contract, and unless unavoidable
emergency prevents, provisions shall be made by the proper officials
conducting, directing, or letting said work, for withholding until it is
complete, a sufficient portion of the payment therefor to insure compliance
with this chapter.
Violation of any provisions of this section shall be deemed a misdemeanor.
In addition to the penalty herein provided, the offender may be enjoined
at the instance of the director of the department of lands, or of the fire
warden of the district, from proceeding with such work until the provisions of
this section shall have been complied with; and, upon application of the
director of the department of lands, or of the fire warden of the district, to
any court of competent jurisdiction, a writ of mandate shall issue compelling
the offender to fully comply with the provisions hereof.

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