40-2321. BRIDGES AND CULVERTS. Any person intending to run water across any public highway must first, under the direction and with the approval of the directors of highways of the county or district, or if the highway be the boundary of two (2) counties or districts, then, under the direction and with the approval of the director of highways of both counties or districts, construct a ditch of sufficient size to carry all the water, and must build a substantial bridge, with easy grades on and off the bridge over the ditch not less than sixteen (16) feet wide. When the quantity of water of any ditch is such that a pipe or culvert will carry the water, the water may be conducted across the highway by means of a pipe or culvert, which must be adapted to the surface of the highway, and the highest point of which shall be at least two (2) feet beneath the surface of the highway, be built of a length not less than sixteen (16) feet, and in a substantial manner permitting uninterrupted travel. All such bridges or culverts shall be of concrete, and all pipes of concrete, steel or other mineral substance. No wooden bridges, pipes or culverts shall be constructed, unless it appears to the satisfaction of the respective commissioners that the cost of the bridge, pipe or culvert would be unreasonably increased by being made of concrete, steel or other mineral substance, and that there is not sufficient travel over the highway to make it necessary for the protection and convenience of public travel that the bridge, pipe or culvert be constructed of those materials. The respective commissioners may in their discretion and by resolution, permit the bridge, pipe or culvert to be constructed of wood or other material, but no bridge, pipe or culvert shall be constructed of wood or any materials other than those specified in this section except upon a resolution of the appropriate commissioners setting forth the reasons and particularly specifying the place of the construction. When a bridge, pipe or culvert shall have been constructed as required, and accepted and approved by the director of highways, it shall become county property and be maintained as other county bridges.
History:
[40-2321, added 1985, ch. 253, sec. 2, p. 699.]
Structure Idaho Code
Title 40 - HIGHWAYS AND BRIDGES
Chapter 23 - MISCELLANEOUS PROVISIONS
Section 40-2301 - RIGHT OF ENTRY TO MAKE SURVEYS.
Section 40-2302 - PUBLIC ACQUIRES FEE SIMPLE TITLE — RECORD AND DEDICATION OF HIGHWAYS.
Section 40-2303 - PUBLIC USE OF PRIVATE DAM OR BRIDGE.
Section 40-2304 - CONSTRUCTION OF SIDEWALKS.
Section 40-2305 - PERSONAL DELIVERY DEVICES.
Section 40-2306 - FELLING TREE INTO HIGHWAY — PENALTY.
Section 40-2307 - REMOVAL OF FALLEN TREES.
Section 40-2308 - CORPORATIONS MAY LAY TRACKS AND WATER MAINS.
Section 40-2309 - RAILROAD CROSSINGS.
Section 40-2310 - CATTLE GUARDS ACROSS ROADS — LANDOWNER’S RIGHT TO CONSTRUCT — GATES.
Section 40-2311 - PENALTY FOR DEFACING OR DESTROYING SIGNS, SIGNPOSTS OR FACILITIES.
Section 40-2312 - WIDTH OF HIGHWAYS.
Section 40-2313 - TRAILS FOR LIVESTOCK — LAYING OUT — RULES CONCERNING USE — PENALTY.
Section 40-2314 - PASSAGEWAYS FOR STOCK.
Section 40-2315 - DAMAGE TO HIGHWAYS OR DITCHES BY LIVESTOCK.
Section 40-2316 - PRIVATE HIGHWAYS — ESTABLISHMENT.
Section 40-2317 - REMOVAL OF FENCES.
Section 40-2318 - TURNING HIGHWAYS ACROSS PRIVATE LANDS.
Section 40-2321 - BRIDGES AND CULVERTS.
Section 40-2322 - CONSTRUCTION OR REPAIR OF BRIDGES AND CULVERTS BY DIRECTOR OF HIGHWAYS.
Section 40-2323 - ABATEMENT OF FLOODING OF HIGHWAYS — RIGHT OF ENTRY — COURT ACTION FOR ABATEMENT.
Section 40-2324 - AUTHORIZATION AND COMPENSATION FOR MAINTENANCE OF PUBLIC HIGHWAYS.