CURRENT AND RECENT PROJECTS

Middleton & Linden and Farmway & Ustick Roundabout Projects Delayed

Highway District No. 4 (HD4) is delaying two local intersection projects due to new requirements for federal permits for work in canals and wetlands.  Work on a roundabout at the intersection of Middleton Rd and Linden Rd has been halted as a Section 404 permit required under the Clean Water Act could not be obtained in time to complete relocation of portions of the Caldwell Highline Canal this winter.  A second roundabout project at the intersection of Farmway Rd and Ustick Rd has also been delayed until next year due to similar permit delays relating to the Phyllis Canal which runs through the project.

Both projects will be re-opened to public use for the 2025 irrigation season, as work within the canal banks cannot be accomplished while irrigation deliveries are in effect.  The Middleton and Linden project is expected to re-open March 24th with all-way stop control (weather permitting).  The Farmway and Ustick intersection will be re-opened with all-way stop control in Summer 2025 following completion of water and sewer construction to serve new Caldwell development projects.  Both projects are intended to resume construction in Fall 2025 when irrigation water deliveries are complete, with the dual lane roundabouts at each location expected to be complete in Spring 2026.  The permit delay for Middleton and Linden is expected to cost an additional $325,000 (8% of total project cost) for temporary paving and material cost increases; the Farmway and Ustick project will be affected only by cost inflation from 2025 to 2026, typically 3-5% for public works construction.

HD4 has obtained dozens of similar 404 permits from the US Army Corps of Engineers in the past.  Prior to 2024, the time to obtain a permit for work involving an irrigation canal, man-made drainage, or wetland area was 60 calendar days from the date of application.  Permits for project applications in 2024 are taking 130 days or longer, and involve many new requirements which include cultural resource studies, more detailed environmental reporting, and public comment periods.   The added time to obtain these permits has caused the project delays, as there is a limited window between November and March where work can be done within most canal systems.

No announcement of the change in permitting requirements was made by the Corps of Engineers; the new requirements appear to result from changes in staff at the federal agency who are interpreting the permit regulations differently than in the past.  Permit requirements for work within canals and other man-made waterways is also being affected by a lawsuit initiated by the Idaho Attorney General.  In 2023, the Attorney General’s office joined a suit with Texas against the federal Environmental Protection Agency over the definition of “waters of the United States”, which determines where Section 404 permits are required.  The most recent definition specifically excludes man-made features that rely on irrigation delivery from permit regulations; however during the duration of the suit EPA has determined to revert to the pre-2013 version of the definition which includes all potential tributaries to “waters of the Unites States” such as canals, drains, even private ditches or curbs.

HD4 expects federal permitting requirements will return to the previous levels as the current administration’s focus on reducing regulatory burden works its was through the federal system, as happened previously beginning in 2016.  In the interim, project schedules are being modified to allow 180 days for federal permitting.  HD4 is aware of other public transportation projects and development projects that have been similarly affected by the new permitting requirements.