Section 58-1310 – EXISTING RIGHTS UNAFFECTED.
58-1310. EXISTING RIGHTS UNAFFECTED. This act shall not operate or be so construed as to impair, diminish, control or divest any existing or vested water rights acquired under the laws of the state of Idaho or the United States, nor to interfere with the diversion of water from lakes under existing or vested water rights […]
Section 58-1311 – DISCLAIMER OF STATE PROPERTY RIGHTS IN PRIVATE LANDS.
58-1311. DISCLAIMER OF STATE PROPERTY RIGHTS IN PRIVATE LANDS. While the state asserts the right to regulate and control all encroachments, navigational or nonnavigational, upon, in or above the beds or waters of navigable lakes as provided for in this act, nothing contained in this act shall be construed to vest in the state of […]
Section 58-1312 – PERMITTING OF EXISTING 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. Persons providing such documentation shall […]
Section 58-1301 – ENCROACHMENT ON NAVIGABLE LAKES — LEGISLATIVE INTENT.
58-1301. ENCROACHMENT ON NAVIGABLE LAKES — LEGISLATIVE INTENT. The legislature of the state of Idaho hereby declares that the public health, interest, safety and welfare requires that all encroachments upon, in or above the beds or waters of navigable lakes of the state be regulated in order that the protection of property, navigation, fish and […]
Section 58-1302 – ENCROACHMENT ON NAVIGABLE LAKES — DEFINITIONS.
58-1302. ENCROACHMENT ON NAVIGABLE LAKES — DEFINITIONS. (a) "Navigable lake" means any permanent body of relatively still or slack water, including man-made reservoirs, not privately owned and not a mere marsh or stream eddy, and capable of accommodating boats or canoes. This definition does not include man-made reservoirs where the jurisdiction thereof is asserted and […]
Section 58-1303 – ENCROACHMENT ON NAVIGABLE LAKES — POWERS OF STATE LAND BOARD.
58-1303. ENCROACHMENT ON NAVIGABLE LAKES — POWERS OF STATE LAND BOARD. The board of land commissioners shall regulate, control and may permit encroachments in aid of navigation or not in aid of navigation on, in or above the beds or waters of navigable lakes as provided herein. History: [(58-1303) 1974, ch. 243, sec. 3, p. […]
Section 58-1304 – ENCROACHMENT ON NAVIGABLE LAKES — RULES AND REGULATIONS.
58-1304. ENCROACHMENT ON NAVIGABLE LAKES — RULES AND REGULATIONS. The board may adopt, revise and rescind such rules and regulations and issue such general orders as may be necessary to effectuate the purposes and policy of this chapter within the limitations and standards set forth in this chapter. Rules, regulations and orders adopted or issued […]
Section 58-1305 – NONCOMMERCIAL NAVIGATIONAL ENCROACHMENTS — PROCEDURES — REPAIRS — FORMS.
58-1305. NONCOMMERCIAL NAVIGATIONAL ENCROACHMENTS — PROCEDURES — REPAIRS — FORMS. (a) Applications for construction or enlargement of navigational encroachments not extending beyond the line of navigability nor intended primarily for commercial or community use shall be processed by the board with a minimum of procedural requirements and shall not be denied nor appearance required except […]
Section 58-1306 – NONNAVIGATIONAL OR COMMERCIAL NAVIGATIONAL ENCROACHMENTS — COMMUNITY NAVIGATIONAL ENCROACHMENTS — NAVIGATIONAL ENCROACHMENTS BEYOND LINE OF NAVIGABILITY — APPLICATION — PROCEDURES — PUBLICATION OF NOTICE — HEARING — APPEALS — RECONSIDERATION — CRITERIA PRIORITY.
58-1306. NONNAVIGATIONAL OR COMMERCIAL NAVIGATIONAL ENCROACHMENTS — COMMUNITY NAVIGATIONAL ENCROACHMENTS — NAVIGATIONAL ENCROACHMENTS BEYOND LINE OF NAVIGABILITY — APPLICATION — PROCEDURES — PUBLICATION OF NOTICE — HEARING — APPEALS — RECONSIDERATION — CRITERIA PRIORITY. (a) Applications for construction, enlargement or replacement of a nonnavigational encroachment, a commercial navigational encroachment, a community navigational encroachment, or for […]
Section 58-1307 – FEES FOR SPECIFIED PERMITS — COSTS OF PUBLICATION.
58-1307. FEES FOR SPECIFIED PERMITS — COSTS OF PUBLICATION. Application for a permit for any noncommercial navigational encroachment shall be accompanied by a nonrefundable fee of up to five hundred dollars ($500). Application for a permit for any noncommercial nonnavigational encroachment for bank stabilization and erosion control or for fisheries and wildlife habitat improvements shall […]