Ordinance 2022-0509 WaterwaysTETON • IDAHO
5-10-2022 00 PM No.of Pages:
Recorded for: •COUNTY IDAHO
KIM KEELEY Fee: 0.00
LL-officlo Recorderr„
TITLE 14 - ORDINANCE # 2022-0509
TETON COUNTY WATERWAYS RECREATION ORDINANCE
TETON COUNTY, IDAHO
AN ORDINANCE OF TETON COUNTY, IDAHO, TO BE ADMINISTERED AND ENFORCED
BY THE TETON COUNTY SHERIFF'S OFFICE AND/OR DESIGNATED COUNTY
EMPLOYEES, AND TO BE KNOWN AS TETON COUNTY WATERWAYS RECREATION
ORDINANCE, WITH COVERAGE OF DESIGNATED PORTIONS OF THE TETON RIVER
AND ITS TRIBUTARIES WITHIN THE COUNTY, ESTABLISHING REGULATIONS FOR
RECREATIONAL USE OF SAID AREA IN ORDER TO PRESERVE THE ECOLOGICAL
HEALTH OF THESE WATERWAYS, MAINTAIN A QUALITY RECREATIONAL
EXPERIENCE, AND TO PROVIDE FOR THE ECONOMIC WELL-BEING, HEALTH,
SAFETY AND GENERAL WELFARE OF CITIZENS OF THE COUNTY.
WHEREAS, the Teton County Board of Commissioners are granted general authority to enact
the provisions of this chapter pursuant to the Idaho Constitution, Article XII, Section 2 and Idaho
Code Section 31-714 and Section 31-807 giving counties authority to make and enforce
ordinances for the protection of safety, health, and property within its limits in accordance with
Idaho statute, and The Teton County Board of Commissioners is granted authority to regulate
waterways pursuant to The Idaho Safe Boating Act, Idaho Code Title 67, Chapter 70 granting
authority to political subdivisions to adopt ordinances with reference to the operation of vessels
on any waterways within its territorial limits (Idaho Code Section 67-7031), and granting
authority to appoint a waterways recreation advisory committee (Idaho Code Section 67-7012);
and,
WHEREAS, the Teton County Board of Commissioners has determined, through citizen reports,
workshops, surveys, and consultation with officials at the Idaho Department of Fish and Game,
Friends of the Teton River, Teton Regional Land Trust, Henry's Fork Foundation, Idaho Outfitters
and Guides Licensing Board, and Idaho Outfitters & Guides Association, that it is in the best
interests of the residents of Teton County to institute these regulations; and,
WHEREAS, residents of Teton County desire to protect the area's natural environment, including
the high-quality fresh waters of the Teton County waterways, recognizing that such outstanding
natural attributes contribute to tourism, to the overall economic well-being, and to the quality of
life enjoyed and appreciated by both residents and visitors alike; and,
WHEREAS, residents of Teton County value the peace and quiet associated with waterway
experiences; and,
WHEREAS, the Teton River and its associated wetlands and tributaries support a diversity of
TITLE 14 - CHAPTER 1
TETON COUNTY WATERWAYS RECREATION ORDINANCE
14-1-1: TITLE
14-1-2: PURPOSE AND COVERAGE
14-1-3: AUTHORITY
14-1-4: DEFINITIONS
14-1-5: OPERATIONAL RULES, REGULATIONS AND
BEHAVIORAL STANDARDS FOR ALL PUBLIC
WATERWAYS IN TETON COUNTY
14-1-6: OPERATIONAL RULES, REGULATIONS AND
BEHAVIORAL STANDARDS FOR THE UPPER
TETON RIVER IN TETON COUNTY
14-1-7: APPOINTMENT OF TETON WATERWAYS
RECREATION ADVISORY COMMITTEE
14-1-8: ENFORCEMENT
14-1-9: VIOLATIONS AND PENALTIES
14-1-10: EXCEPTIONS
14-1-11: SEVERABILITY
b. The lower section of Fox Creek, beginning from a point one mile upstream from its
confluence with the Teton River, as measured by the center of the stream channel.
c. The lower section of Teton Creek, beginning from a point one mile upstream from its
confluence with the Teton River, as measured by the center of the stream channel.
2. In addition to the provisions herein, the above-mentioned waterways in Teton County and
other waterways in Teton County not covered by this Ordinance are subject to the provisions
of the Idaho state boating laws as found in the Idaho Safe Boating Act, Idaho Code Title 67,
Chapter 70, other applicable Idaho State Statutes and The Idaho Administrative Code,
IDAPA 26.01.30
The provisions of this chapter are enacted pursuant to the general authority granted to the Teton
County Board of Commissioners by the Idaho Constitution, Article XII, Section 2 and Idaho Code
Section 31-714 and Section 31-807 giving counties authority to make and enforce ordinances for
the protection of safety, health, and property within its limits in accordance with Idaho statute.
The Teton County Board of Commissioners is granted authority to regulate waterways pursuant
to The Idaho Safe Boating Act, Idaho Code Title 67, Chapter 70 and Idaho Administrative Code,
IDAPA 26.01.30. Idaho Code Section 67-7031 grants authority to political subdivisions to adopt
ordinances with reference to the operation of vessels on any waterways within its territorial limits.
Idaho Code Section 67-7012 grants authority to appoint a waterways recreation advisory
committee to serve at the pleasure of the Board of Commissioners. Idaho Code Section 67-7003
provides definitions for the Idaho Safe Boating Act. Idaho Code Section 18-6409 prohibits
disturbing the peace. The Idaho Marine Sewage Disposal Act, Idaho Code Title 67, Chapter 75
prohibits discharge of sewage or other wastes into the waters with the state.
14-1-4: DEFINITIONS:
Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted
so as to give them the meaning they have in common usage and to give this Ordinance its most
reasonable application.
COMMERCIAL OPERATORS: Any individual, firm, partnership, corporation or other
organization/entity or any combination thereof who provides recreation equipment to river users
for primary use on the waterways of Teton County for a fee, as defined herein, or any individual,
firm, partnership, corporation or other organization or any combination thereof who shuttles river
users to and from the waterways of Teton County, as defined herein. Commercial Operators do not
provide guided services on the river, and are distinct from Outfitters, as defined below. Commercial
Operators are not regulated by the Idaho Outfitters and Guides Licensing Board.
DAY: From one hour before sunrise to one hour after sunset.
GUIDE: Any person who is employed by a licensed outfitter, as defined herein, to furnish personal
services for the conduct of outdoor recreational activities directly related to the conduct of activities
for which the employing outfitter is licensed, as defined by Idaho Code Section 36-2102.
ordinance.
TETON WATERWAYS RECREATION ADVISORY COMMITTEE: The Teton
Waterways Recreation Advisory Committee, as appointed by the Teton County Board of
Commissioners, will serve in an advisory capacity to the Teton County Board of County
Commissioners, providing public perspective on recreation management policy
implementation. The committee should include members representing a variety of river
recreation stakeholders and appropriate government agencies, such as non -guided
commercial river operations, guided fishing outfitters, recreational floaters, anglers,
conservation advocates, river -related non-profit organizations, owners of river -adjacent
properties, Teton County government and the Idaho Department of Fish and Game. The
committee shall be formed, and may be disbanded, solely at the discretion of the Teton
County Board of County Commissioners.
14-1-5: OPERATIONAL RULES, REGULATIONS AND BEHAVIORAL
STANDARDS FOR ALL PUBLIC WATERWAYS IN TETON COUNTY:
A. PURPOSE: These rules, regulations and standards are in addition to and supplemental of
those of other Teton County ordinances, as amended, the Idaho Safe Boating Act, other
applicable State laws and the rules in the Idaho Administrative Code.
B. APPLICABILITY: These operational rules, regulations and standards apply to any user of
waterways in Teton County including those designated as sensitive areas, except for law
enforcement officials acting in their official capacity during an enforcement or emergency
action:
1. BASIC OPERATIONAL STANDARD: It shall be unlawful for any person to operate or
utilize any type of vessel or watercraft on Teton County waterways in such a manner as to
endanger the health, safety, or welfare of any other individual. This prohibition against
waterway use that endangers another does not preclude waterway users, including those
operating a watercraft or vessel, from encountering the inherent risks of river recreation.
It is recognized that such inherent risks cannot be eliminated, altered, or controlled.
2. OPERATION OF A VESSEL OF CERTAIN HORSEPOWER:
a. It shall be unlawful to operate, or to allow someone to operate, a motor driven vessel
at greater than ten (10) horsepower.
b. It shall be unlawful to operate, or to allow someone to operate, a motor driven vessel
if the operator is a person under the age of twelve (12) years, unless the operator is
under direct adult supervision.
a. It shall be illegal to use a vessel or watercraft to camp or live on or within Teton
County waterways.
4. UNATTENDED VESSEL OR WATERCRAFT: It shall be illegal to leave a vessel or
watercraft unattended for more than three (3) continuous hours on any Teton County
waterway unless moored to a structure permitted by federal, state or local permitting
authorities.
Sites.
b. As of May 1, 2024, mandatory parking passes will be required for all vehicles
parking at river -adjacent parking lots managed by Teton County or the Idaho
Fish and Game Department.
c. Vehicles not displaying a parking pass after May 1, 2024 are subject to an
infraction in accordance with Section 14-1-10 herein.
3. LAWFUL PARKING:
a. Parking numbers will be managed with designated parking spots and limited
parking availability. Parking will be limited to designated parking spots
available at river access points. Vehicles shall not park on, beside, or along
the county road within 1/2 mile of the following access sites:
1. Bates Bridge/Buxton River Park
ii. Rainey Bridge
iii. Cache Bridge (W 4000 N)
iv. Teton Creek (South Bates Rd)
v. Old Rightaway Rd
vi. Fox Creek East
vii. Fox Creek West
b. If vehicles are not parked in a designated parking spot, the owner of the
vehicle may be subject to an infraction, in accordance with Section 14-1-10
herein.
4. PROTECTIONS FOR SENSITIVE AREAS:
a. Areas of particularly sensitive resources on the waterways may be identified
through signage, education, and any other means deemed appropriate by
Teton County personnel as may be designated by the Board of County
Commissioners to sustain the health of the Teton River ecosystem.
b. Idaho Fish & Game, in accordance with Idaho Code 36-105(2), and IDAPA
13.01.03. 100.0 11, has designated the waterways governed by this Ordinance
(outside of the developed parking areas) as "sensitive areas," especially
during spring and early summer when birds are nesting, deer and moose are
fawning and calving, and vegetation is becoming established. As such,
specific protections designed to protect wildlife and the sensitive ecosystem
are necessary for public health and welfare.
c. Dogs must be leashed or confined to watercraft or vessel at all reasonably
feasible times while on the waterways. At any time when dogs are not leashed
or confined to a watercraft or vessel, they must remain under strict, effective
voice control. During designated waterfowl hunting seasons, hunting dogs are
not required to be leashed or confined to a watercraft or vessel, so long as they
are under strict and effective voice control at all times. Dogs shall not be
permitted to harass wildlife or disturb the peace at any time.
vi. Commercial operators who shuttle waterway users to and from the
waterway shall collect a per customer fee, in an amount determined
by the County Commissioners, beginning May 1, 2022. Said fees shall
be remitted to Teton County on an annual basis, to be applied toward
Teton River recreation and resource management initiatives. Records
of the number of customers per commercial operator upon which the
fee is based shall be maintained by the commercial operator, and
provided to Teton County at the time of remittance of the fees.
c. Each commercial operator shall provide educational materials or programs for
patrons to learn about proper river etiquette, safety on the river, wildlife, the
pristine nature of the river, and sensitive habitat.
d. The Teton County Board of County Commissioners may enact and enforce
reasonable conditions upon commercial operators associated with the
administration of commercial operator permits.
e. Any substantial or repeated violation of this ordinance or the terms of the
permit by a commercial operator shall presumptively establish grounds for
revocation of the commercial operator's permit. Records of permit
infractions and/or ordinance violations may be maintained by a county
designated department or employee for further enforcement of this ordinance.
f. A commercial operator may not transfer their permit to a qualified entity or
individual, except upon express, written approval of the Teton County
Commissioners, which approval shall not be unreasonably withheld.
However, in no case shall one entity or individual, (or any entity substantially
controlled by such individual or entity), hold more than one (1) commercial
operator permit.
g. A commercial operator who utilizes less than thirty (30) days of its authorized
use during the period from May 15 to October I each year, for a period of two
(2) consecutive years, shall forfeit its permit.
h. A commercial operator's permit shall be valid for a period of three (3)
calendar years. At the expiration of the permit period, any entity,
organization, or individual may apply for the permit. An existing commercial
permit holder shall have a right of preference for renewal of such permit. The
right of preference requires renewal of an existing permit unless the permittee
(the existing commercial operator), has substantially or repeatedly violated
this ordinance or any other laws, rules, or regulations during its operations. If
the Board of County Commissioners, in its sole discretion, determines that
such repeated or substantial violations have occurred, any preference for
renewal is forfeit in addition to any fees or penalties that may be imposed
herein, and the existing permit holder shall be required to apply for the permit
along with any other interested party. The pen -nit shall be awarded to the
applicant deemed most qualified by the Board of County Commissioners, in
its sole discretion.
14-1-7: APPOINTMENT OF TETON WATERWAYS RECREATION
14-1-11: SEVERABILITY:
If any section, subsection, sentence, clause, phrase or portion of this chapter is, for any reason, held
to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, independent provision and such holding shall not affect the validity of
the remaining portions thereof.