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 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 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.]
Structure Idaho Code
Chapter 13 - NAVIGATIONAL ENCROACHMENTS
Section 58-1301 - ENCROACHMENT ON NAVIGABLE LAKES — LEGISLATIVE INTENT.
Section 58-1302 - ENCROACHMENT ON NAVIGABLE LAKES — DEFINITIONS.
Section 58-1303 - ENCROACHMENT ON NAVIGABLE LAKES — POWERS OF STATE LAND BOARD.
Section 58-1304 - ENCROACHMENT ON NAVIGABLE LAKES — RULES AND REGULATIONS.
Section 58-1305 - NONCOMMERCIAL NAVIGATIONAL ENCROACHMENTS — PROCEDURES — REPAIRS — FORMS.
Section 58-1307 - FEES FOR SPECIFIED PERMITS — COSTS OF PUBLICATION.
Section 58-1308 - PENALTY FOR VIOLATION — INJUNCTIVE RELIEF.
Section 58-1309 - RESTORATION — MITIGATION OF DAMAGES.
Section 58-1310 - EXISTING RIGHTS UNAFFECTED.
Section 58-1311 - DISCLAIMER OF STATE PROPERTY RIGHTS IN PRIVATE LANDS.