Idaho § 40-604 - Duties and powers of commissioners

Full text of Idaho Idaho Statutes § 40-604 — Duties and powers of commissioners, with citation guidance and answers to common questions.

§ 40-604. Duties and powers of commissioners

Commissioners shall:

(1) Exercise general supervision over all highways in the county highway system, including their location, design, construction, reconstruction, repair and maintenance, and develop general policies regarding highway matters.

(2) Cause to be surveyed, viewed, laid out, recorded, opened and worked, any highways or public rights-of-way as are necessary for public convenience under the provisions of sections 40-202 and 40-203A , Idaho Code.

(3) Cause to be recorded all highways and public rights-of-way within their highway system.

(4) Have authority to abandon and vacate any highway or public right-of-way within their highway system under the provisions of section 40-203 , Idaho Code.

(5) Designate county highways, or parts of them, as controlled-access highways and regulate, restrict or prohibit access to those highways so as best to serve the traffic for which the facility is intended.

(6) Have authority to make agreements with any incorporated city, other county, a highway district, the state, or the United States, its agencies, departments, bureaus, boards, or any government owned corporation for the construction, reconstruction, or maintenance of the county’s highway system by those entities or for the construction, reconstruction, or maintenance of the highway systems of those entities by the county’s highway organization. The county shall compensate or be compensated for the fair cost of the work except as otherwise specifically provided in this title.

(7) Contract, purchase, or otherwise acquire the right-of-way over private property for the use of county highways and for this purpose may institute proceedings under the code of civil procedure.

(8) Levy an ad valorem tax to be paid into the county highway fund and cause the tax collected each year to be paid into that fund and kept by the treasurer as a separate fund. When all of the territory of a county is included in one (1) or more highway districts the commissioners shall not make any levy for general highway purposes.

(9) Audit and draw warrants on the county highway fund required for payment for rights-of-way improvement.

(10) Rename any highway within the county, excepting those situated within the territorial limits of incorporated cities, when the renaming will eradicate confusion.

(l1) Cause guide posts properly inscribed to be erected and maintained on designated highways.

(12) Exercise other powers as may be prescribed by law.

(14) By July 1, 2000, and every five (5) years thereafter, the commissioners shall have published in map form and made readily available the location of all public rights-of-way under their jurisdiction. The commissioners of a district may be granted an extension of time with approval of the legislature by adoption of a concurrent resolution.

[40-604, added 1985, ch. 253, sec. 2, p. 616; am. 1986, ch. 328, sec. 7, p. 805; am. 1988, ch. 117, sec. 1, p. 216; am. 1993, ch. 412, sec. 7, p. 1511; am. 1998, ch. 154, sec. 1, p. 528; am. 1998, ch. 184, sec. 2, p. 674.]

Source: official Idaho text · Last verified 2026-08-27

Frequently Asked Questions About Idaho § 40-604

What does Idaho Statutes § 40-604 cover?

Section 40-604 ("Duties and powers of commissioners") 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 § 40-604?

A common citation format is "Idaho Statutes § 40-604" (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 § 40-604 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.