11 Idaho Code Ann. §§ 67-9101

 

Title 67: State Government and State Affairs

Chapter 91: Idaho Outdoor Sport Shooting Range Act

Sections 67-9101 through 67-9105 address issues on outdoor sport shooting ranges owned by the state of Idaho. For regulations on sport shooting ranges owned by other entities, see the page on Title 55 (Property in General), Chapter 26 (Sport Shooting Ranges) or the PPG Idaho Firearm Rights Center page on Idaho Code Ann. §§ 55-2601 through 55-2606.

Idaho Code Ann. § 67-9101 – Definitions. Because the definitions are highly specific, the following are quoted instead of paraphrased, with boldface emphasis added. As used in this act:

(1)  “Local government” means a county, city or town.

(2)  “Person” means an individual, corporation, partnership, firm, association, joint venture, proprietorship, club or any other legal entity.

(3)  “State outdoor sport shooting range” or “range” means an area owned by the state of Idaho or a state agency for the public use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery or any other similar sport shooting. “State outdoor sport shooting range” does not include:

(a)  Any totally enclosed facility that is designed to offer a totally controlled shooting environment that includes impenetrable walls, floors and ceilings, adequate ventilation, lighting systems and acoustical treatment for sound attenuation; and

(b)  Any law enforcement or military shooting range.

Idaho Code Ann. § 67-9102 – State outdoor sport shooting ranges — Operation and use — Noise standards — Measurement. This Section contains numerous technical details on where and how noise measurements must be made, so the Section is quoted instead of paraphrased, with boldface emphasis added.

(1) The state agencies responsible for managing state outdoor sport shooting ranges shall establish criteria for the operation and use for each range. The provisions of chapter 26, title 55, Idaho Code, shall not apply to state outdoor sport shooting ranges.

(2)  The legislature finds that state outdoor sport shooting ranges should be subject to uniform noise standards as specified in this section.

(3)  The noise emitted from a state outdoor sport shooting range shall not exceed an Leq(h) of sixty-four (64) dBA.

(4)  Sound pressure measurements shall be made twenty (20) feet from the nearest existing occupied residence, school, hotel, motel, hospital or church and in a location directly between the range and the nearest existing occupied residence, school, hotel, motel, hospital or church. If there are natural or artificial obstructions that prevent an accurate noise measurement, the measurement may be taken within an additional twenty (20) feet radius from the initial measurement location. If access to such location is not available, then sound pressure measurements shall be made at the range property line in a location directly between the range and the nearest existing occupied residence, school, hotel, motel, hospital or church.

(5)  Sound pressure measurements shall be made on the A-weighted fast response mode scale. Measurements shall be taken during the noisiest hour of peak use during the operation of the range. Measurements shall be taken using a type 1 sound meter meeting the requirements of ANSI S1.4-1983.

(6)  For the purposes of this section:

(a)  “A-weighted” means a frequency weighting network used to account for changes in sensitivity as a function of frequency;

(b)  “dBA” means A-weighted decibels, taking into account human response to sound energy in different frequency bands;

(c)  “Decibel” means the unit of measure for sound pressure denoting the ratio between two quantities that are proportional to power. The number of decibels is ten (10) times the base ten logarithm of this ratio; and

(d)  “Leq(h)” means the equivalent energy level that is the steady state level that contains the same amount of sound energy as a time varying sound level for a sixty (60) minute time period.

Idaho Code Ann. § 67-9103 – Nuisance action. If a state outdoor sport shooting range is in compliance with the laws of this chapter, people cannot file a public or private nuisance action against it for noise.

Idaho Code Ann. § 67-9104 – Noise buffering or attenuation for new use. “Any new residential use or other new use within one (1) mile of an existing state outdoor sport shooting range shall provide for noise buffers or attenuation devices necessary to satisfy the noise standard prescribed by this chapter. New use as provided by this section shall not give rise to any right of a person to maintain a public or private nuisance action for noise against an existing state outdoor sport shooting range.”

Idaho Code Ann. § 67-9105 – Preemption of local authority. Local governments cannot regulate operation and use of state ranges or establish noise standards for them.

 

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