TITLE 58

PUBLIC LANDS

CHAPTER 13

NAVIGATIONAL ENCROACHMENTS

58-1312.  Permitting of existing encroachments. (1) Unless otherwise prohibited, every person seeking a permit for a navigational or nonnavigational encroachment constructed prior to January 1, 1975, shall provide the board with substantive documentation of the age of the encroachment and documentation that the encroachment has not been modified since 1974. For purposes of this section, the phrase "has not been modified" means that the overall footprint of the encroachment on the lake bed has not been expanded in dimension or height or changed in orientation or location. Persons providing such documentation shall receive an encroachment permit and shall not be required to pay the application and publication fees established in this chapter. Such substantive documentation shall include but not be limited to dated aerial photographs, tax records, or other historical information deemed reliable by the board.

(2)  Every person seeking a permit for a navigational or nonnavigational encroachment constructed, replaced or modified on or after January 1, 1975, shall submit a permit application and enter the same permitting process as required for new encroachments.

History:

[(58-1312) 58-153, added 1974, ch. 243, sec. 12, p. 1608; 1990, am. & redesig., ch. 362, sec. 12, p. 986; am. 2006, ch. 135, sec. 1, p. 390; am. 2024, ch. 121, sec. 1, p. 507.]