Idaho § 38-118 - Duty of railroads - Penalties
Full text of Idaho Idaho Statutes § 38-118 — Duty of railroads - Penalties, with citation guidance and answers to common questions.
§ 38-118. Duty of railroads - Penalties
During the closed season everyone operating a common carrier railroad shall keep all right of way, station grounds and other operating property in, contiguous or adjacent to forest or range lands clear and free from all combustible and flammable material, matter or substances, except freight, express and mail supplies, structures, equipment and material necessary, usual or convenient for the construction, maintenance and/or operation of such railroad.
During the said closed season, no person operating or maintaining such a railroad shall permit any of his or its employees to leave a deposit of fire, live coals or hot ashes in the immediate vicinity of forest or range lands or of other lands liable to be overrun by fire.
All clearing by burning under the provisions of the section shall be in accordance with the provisions of this act applicable to the season during which said burning is done.
Refusal or neglect to comply with the provisions of this section shall be deemed a petty misdemeanor for each offense; provided, that the director of the department of lands, with the consent of the board, may suspend the restrictions of this section when and where he deems safety so permits. It is further provided, that in the absence of such suspension, and in case of refusal or neglect by the person at fault, after proper notice, to take the precautions against fire required by public safety and the provisions of this act, the director of the department of lands, or district fire warden, acting with his consent, may have the work done to the extent that he deems requisite to public safety, and the costs thereof and the expense of any fire patrol rendered necessary by the offender’s neglect, plus a penalty of ten per cent (10%) shall be recoverable from the offender by civil action, prosecuted in the name of the state of Idaho. Any recovery shall be paid to the state treasurer for deposit in the forest protection fund.
[38-118, added 1972, ch. 401, sec. 2, p. 1164.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 38-118
What does Idaho Statutes § 38-118 cover?
Section 38-118 ("Duty of railroads - Penalties") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 38-118?
A common citation format is "Idaho Statutes § 38-118" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 38-118 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.