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H0524.........................................by RESOURCES AND CONSERVATION
ENCROACHMENTS - Amends existing law to provide requirements for the
permitting of existing navigational and nonnavigational encroachments.
02/01 House intro - 1st rdg - to printing
02/02 Rpt prt - to Res/Con
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 64-5-1
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Henbest, Henderson,
Jaquet, Kemp, LeFavour, Martinez, Mathews, McGeachin, Miller,
Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
Ring, Ringo, Roberts, Rusche, Rydalch, Sali(Sali), Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
Smylie(Luker), Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
NAYS -- Barrett, Harwood, Lake, McKague, Wood
Absent and excused -- Loertscher
Floor Sponsor - Stevenson
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to Res/Env
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Little
Title apvd - to House
03/17 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - To Governor
03/22 Governor signed
Session Law Chapter 135
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 524
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO NAVIGATIONAL AND NONNAVIGATIONAL ENCROACHMENTS; AMENDING SECTION
3 58-1312, IDAHO CODE, TO PROVIDE REQUIREMENTS FOR THE PERMITTING OF EXIST-
4 ING NAVIGATIONAL OR NONNAVIGATIONAL ENCROACHMENTS.
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 (1) Unless
15 otherwise prohibited, every person seeking a permit for a navigational or
16 nonnavigational encroachment constructed prior to January 1, 1975, shall pro-
17 vide the board with substantive documentation of the age of the encroachment
18 and documentation that the encroachment has not been modified since 1974. Per-
19 sons providing such documentation shall receive an encroachment permit and
20 shall not be required to pay the application and publication fees established
21 in this chapter. Such substantive documentation shall include dated aerial
22 photographs, tax records, or other historical information deemed reliable by
23 the board.
24 (2) Every person seeking a permit for a navigational or nonnavigational
25 encroachment constructed, replaced or modified on or after January 1, 1975,
26 shall submit a permit application and enter the same permitting process as
27 required for new encroachments.
STATEMENT OF PURPOSE
RS 15336c1
The Lake Protection Act currently does not provide a permitting
process for owners of encroachments built prior to 1974, who
missed the deadline established in Section 58-1312. This
legislation amends Idaho Code Section 58-1312 so that owners of
unmodified navigational or nonnavigational encroachments
constructed on or before December 31, 1974 who provide
substantive documentation that the encroachment was constructed
on or before that date can receive an encroachment permit. These
owners will not be required to pay application or publication
fees.
FISCAL NOTE
No fiscal Impact.
CONTACT
Name: Denise Mills
Agency: Lands, Dept of
Phone: 208-334-0200
STATEMENT OF PURPOSE/FISCAL NOTE H 524