2006 Legislation
Print Friendly

HOUSE BILL NO. 526 – Encroachments, certain, permit fee

HOUSE BILL NO. 526

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                    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