2006 Legislation
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HOUSE BILL NO. 524 – Encroachments, navigational, permit

HOUSE BILL NO. 524

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                     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