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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
]]]] 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 NOTICEPERMITTING OF EXISTING ENCROACHMENTS. On or before9 December 31, 1974, every person owning or possessing an existing navigational10 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. Such12 notice shall be upon forms to be furnished by the board and contain such13 information concerning the encroachment as would be necessary on plans submit-14 ted with an original application under the provisions of this actUnless 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 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