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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 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 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