Idaho Code § 40-109
This is the official text of Idaho Code § 40-109, part of Idaho’s Code — part of the compiled statutory law of Idaho, published by the state as "Code." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
40-109 DEFINITIONS — H.
Official statutory text
40-109. Definitions — H.
(1) "Highway district system" means all public highways within each highway district, except those included within the state highway system, those under another state agency, those included within city highway systems of incorporated cities with a functioning street department, and those under federal control.
(2) "Highway system, county." (See "County highway system," section 40-104, Idaho Code)
(3) "Highway system, state." (See "State highway system," section 40-120, Idaho Code)
(4) "Highway users' fund bonds" mean those bonds issued for and on behalf of dissolved city highway systems or highway districts, and the funds out of which those bonds are repayable shall be the moneys received or provided by section 40-707, Idaho Code.
(5) "Highways" mean roads, streets, alleys and bridges laid out or established for the public or dedicated or abandoned to the public. Highways shall include necessary culverts, sluices, drains, ditches, waterways, embankments, retaining walls, bridges, tunnels, grade separation structures, roadside improvements, adjacent lands or interests lawfully acquired, pedestrian facilities, and any other structures, works or fixtures incidental to the preservation or improvement of the highways. Roads laid out and recorded as highways, by order of a board of commissioners, and all roads used as such for a period of five (5) years, provided they shall have been worked and kept up at the expense of the public, or located and recorded by order of a board of commissioners, are highways.
History:
[40-109, added 1985, ch. 253, sec. 2, p. 589; am. 1986, ch. 328, sec. 2, p. 804; am. 1988, ch. 184, sec. 1, p. 322; am. 1994, ch. 324, sec. 2, p. 1040.]
(1) "Highway district system" means all public highways within each highway district, except those included within the state highway system, those under another state agency, those included within city highway systems of incorporated cities with a functioning street department, and those under federal control.
(2) "Highway system, county." (See "County highway system," section 40-104, Idaho Code)
(3) "Highway system, state." (See "State highway system," section 40-120, Idaho Code)
(4) "Highway users' fund bonds" mean those bonds issued for and on behalf of dissolved city highway systems or highway districts, and the funds out of which those bonds are repayable shall be the moneys received or provided by section 40-707, Idaho Code.
(5) "Highways" mean roads, streets, alleys and bridges laid out or established for the public or dedicated or abandoned to the public. Highways shall include necessary culverts, sluices, drains, ditches, waterways, embankments, retaining walls, bridges, tunnels, grade separation structures, roadside improvements, adjacent lands or interests lawfully acquired, pedestrian facilities, and any other structures, works or fixtures incidental to the preservation or improvement of the highways. Roads laid out and recorded as highways, by order of a board of commissioners, and all roads used as such for a period of five (5) years, provided they shall have been worked and kept up at the expense of the public, or located and recorded by order of a board of commissioners, are highways.
History:
[40-109, added 1985, ch. 253, sec. 2, p. 589; am. 1986, ch. 328, sec. 2, p. 804; am. 1988, ch. 184, sec. 1, p. 322; am. 1994, ch. 324, sec. 2, p. 1040.]
Status: in_force · Read it on the official government site
Need a lawyer in Idaho?
Find a Idaho lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.