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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 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
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