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H0526.........................................by RESOURCES AND CONSERVATION
ENCROACHMENTS - Amends existing law to revise fee and cost provisions for
certain permits for noncommercial navigational or nonnavigational
encroachments; and to authorize the Board of Land Commissioners to charge
specified applicants the actual costs of processing applications in the
event the actual costs exceed the nonrefundable fee.
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 - 63-4-3
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Brackett, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet,
Kemp, Lake, LeFavour, Martinez, Mathews, McGeachin, Miller, Mitchell,
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, McKague, Wood
Absent and excused -- Bradford, Loertscher, Moyle
Floor Sponsor - Bell
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 - 31-3-1
AYES -- Andreason, Brandt, Bunderson, Burkett, Burtenshaw, Cameron,
Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Hill,
Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee,
McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet,
Werk, Williams
NAYS -- Broadsword, Goedde, Jorgenson
Absent and excused -- Coiner
Floor Sponsor - Burtenshaw
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 133
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. 526
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO NAVIGATIONAL AND NONNAVIGATIONAL ENCROACHMENTS; AMENDING SECTION
3 58-1307, IDAHO CODE, TO REVISE FEE AND COST PROVISIONS FOR CERTAIN PERMITS
4 AND TO AUTHORIZE THE BOARD OF LAND COMMISSIONERS TO CHARGE SPECIFIED
5 APPLICANTS THE ACTUAL COSTS OF PROCESSING APPLICATIONS IN THE EVENT THE
6 ACTUAL COSTS EXCEED THE NONREFUNDABLE FEE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 58-1307, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 58-1307. FEES FOR SPECIFIED PERMITS -- COSTS OF PUBLICATION. Application
11 for a permit for any noncommercial navigational encroachment or noncommercial
12 nonnavigational encroachment for bank stabilization and erosion control or for
13 fisheries and wildlife habitat improvements shall be accompanied by a nonre-
14 fundable fee of up to two hundred fifty dollars ($250.00). Application for a
15 permit for any other nonnavigational or commercial navigational encroachment
16 or navigational encroachment which extends beyond the line of navigability
17 shall be accompanied by a nonrefundable fee of two hundred fifty up to three
18 thousand five hundred dollars ($253,500). Provided however, the board shall
19 charge applicants for permits for commercial navigational encroachments the
20 actual costs of processing the application in the event the actual costs
21 exceed three thousand five hundred dollars ($3,500). In addition, the board
22 shall charge the applicant with costs of publishing notice of the application
23 which shall be refunded if such notice is not published. Any person or agency
24 requesting a hearing upon the application shall deposit and pay to the board
25 an amount sufficient to cover the cost of publishing notice of hearing.
STATEMENT OF PURPOSE
RS 15338
Idaho Code chapter 13, title 58, requires the State Board of
Land Commissioners to regulate, control, and permit
encroachments in aid of navigation or not in aid of navigation
on, in or above the beds or waters of lakes owned and controlled
by the state of Idaho. The application fee schedule for
navigational and nonnavigational encroachments has not been
amended since the Lake Protection Act was first enacted in 1974.
The fees set in 1974 do not cover the actual costs of program
operation. Since 2003, the Department of Lands’ actual
navigable waters program expenses have exceeded the revenues
collected for fees and submerged lands lease and easement
payments by as much as $58,000.
This legislation amends the application fees set in Idaho Code
Section 58-1307 to establish maximum fees for both commercial
and noncommercial navigational encroachments and for
nonnavigational encroachments. Through this legislation and
subsequent rulemaking, the State Board of Land Commissioners
proposes to increase application fees sufficient to cover costs.
In addition this legislation provides that applicants for
commercial encroachments will pay the actual costs of processing
because applications for these encroachments are frequently
voluminous, complex, and time consuming.
FISCAL NOTE
Fees for navigational and non-navigational encroachments are
established in Idaho Code Section 58-1307. The amount of fees
collected annually for encroachments since 2003 has ranged from
$27,600 and $43,000 per year, with the number of applications
increasing at approximately 19 percent per year; this trend is
expected to continue. These fees are paid into the general
fund. The actual costs to process encroachment applications
exceed the amount of revenues collected for fees. The fee
increases proposed in this legislation are intended to increase
the revenues collected for fees to a level that will cover most
of the department’s program costs. Increasing the fees will
reduce the impact to the general fund.
CONTACT
Name: Denise Mills
Agency: Lands, Dept of
Phone: 208-334-0200
STATEMENT OF PURPOSE/FISCAL NOTE H 526