2005 Legislation
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HOUSE BILL NO. 71 – Navigable water/encroachment/permit

HOUSE BILL NO. 71

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Bill Status



H0071.........................................by RESOURCES AND CONSERVATION
NAVIGABLE WATER - ENCROACHMENTS - Amends existing law to provide a
permitting process for encroachments, constructed prior to 1975, on state
navigable waters.
                                                                        
01/28    House intro - 1st rdg - to printing
01/31    Rpt prt - to Res/Con

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 71
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO  PERMITS FOR ENCROACHMENTS ON  STATE  NAVIGABLE  WATERS;  AMENDING
  3        SECTION 58-1312, IDAHO CODE, TO PROVIDE A PERMITTING PROCESS FOR ENCROACH-
  4        MENTS CONSTRUCTED PRIOR TO 1975.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 58-1312, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        58-1312.  FILING NOTICE PERMITTING OF EXISTING ENCROACHMENTS. On or before
  9    December 31, 1974, every person owning or possessing an existing  navigational
 10    or  nonnavigational encroachment on, in or above the beds or waters of a navi-
 11    gable lake in this state shall file with the board notification thereof.  Such
 12    notice  shall  be  upon  forms  to  be furnished by the board and contain such
 13    information concerning the encroachment as would be necessary on plans submit-
 14    ted with an original application under  the  provisions  of  this  act  Unless
 15    otherwise  prohibited,  every  person  seeking  a  permit  for  an  unmodified
 16    navigational  or  nonnavigational encroachment constructed prior to January 1,
 17    1975, who provides the board with substantive documentation of the age of  the
 18    encroachment,  shall  receive an encroachment permit. Such documentation shall
 19    include dated aerial photographs, tax records or other historical  information
 20    deemed  reliable  by  the board. Every person seeking a permit for an existing
 21    navigational or nonnavigational encroachment constructed, replaced,  or  modi-
 22    fied after December 31, 1974, shall be required to submit a permit application
 23    and enter the same permitting process as new encroachments.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 14386C1

This legislation amends Idaho Code 58-1312 requiring owners of
existing and unchanged navigational and non-navigational
encroachments constructed prior to 1974 to provide the Idaho
Department of Lands substantive documentation of their age (e.g.,
dated aerial photos or tax records) so that those encroachments
could be permitted. The Lake Protection Act currently does not
provide a permitting process for owners of encroachments built
prior to that date, who missed the deadline set forth in Idaho
Code 58-1312.


                          FISCAL IMPACT

No additional General Fund money is necessary.

Fees for navigational and non-navigational encroachments
constructed after December 31, 1974, or modified after that date
are to be paid by the applicant according to the fee schedule in
 58-1307, Idaho Code.  The total amount of fees collected
annually for navigational and non-navigational encroachments
typically ranges from $15,000 and $25,000 per year.  All fees are
paid into the General Fund. 

Only owners who apply for an encroachment permit will be
impacted by these fees.  Owners of unmodified navigational or
non-navigational encroachments constructed before December 31,
1974, will not be required to pay a fee.  




Contact
Name: Denise Mills, Lands, Department of 
Phone: 334-0229


STATEMENT OF PURPOSE/FISCAL NOTE                     H 71