Section 010. Definitions

01. Adjacent. Contiguous or touching, and with regard to land or land ownership having a commo n boundary. (3-18-22) 02. Aids to Navigation. Buoys, warning lights, and other encroachments in aid of navigation intende d to improve waterways for navigation. (3-18-22) 03. Artificial High Water Mark. The high water elevation above the natural or ordinary high wate r mark resulting from construction of man-made dams or control works and impressing a new and higher vegetatio n line. (3-18-22) 04. Beds of Navigable Lakes. The lands lying under or below the “natural or ordinary high wate r mark” of a navigable lake and, for purposes of these rules only, the lands lying between the natural or ordinary hig h water mark and the artificial high water mark, if there be one. (3-18-22) 05. Board. The Idaho State Board of Land Commissioners or its designee. (3-18-22) 06. Boat Garage. A structure with one (1) or more slips that is completely enclosed with walls, roof , and doors, but no temporary or permanent residential area. (3-18-22) 07. Boat Lift. A mechanism for mooring boats partially or entirely out of the water. (3-18-22) 08. Boat Ramp. A structure or improved surface extending below the ordinary or artificial high wate r mark whereby watercraft or equipment are launched from land-based vehicles or trailers. (3-18-22) 09. Commercial Marina. A commercial navigational encroachment whose primary purpose is t o provide moorage for rental or for free to the general public. (3-18-22) 10. Commercial Navigational Encroachment. A navigational encroachment used for commercia l purposes. (3-18-22) 11. Community Dock. A structure that provides private moorage for more than two (2) adjacen t littoral owners, or other littoral owners possessing a littoral common area with littoral rights including, but not limite d to homeowner’s associations. No public access is required for a community dock. (3-18-22) 12. Covered Slip. A slip, or group of slips, with a frame, fabric canopy, and eaves that do not exten d beyond the underlying dock

ovides private moorage for more than two (2) adjacen t littoral owners, or other littoral owners possessing a littoral common area with littoral rights including, but not limite d to homeowner’s associations. No public access is required for a community dock. (3-18-22) 12. Covered Slip. A slip, or group of slips, with a frame, fabric canopy, and eaves that do not exten d beyond the underlying dock. (3-18-22) 13. Department. The Idaho Department of Lands or its designee. (3-18-22) 14. Director. The head of the Idaho Department of Lands or his designee. (3-18-22) 15. Encroachments in Aid of Navigation. Includes docks, piers, jet ski and boat lifts, buoys, pilings , breakwaters, boat ramps, channels or basins, and other facilities used to support water craft and moorage on, in, o r above the beds or waters of a navigable lake. The term “encroachments in aid of navigation” is used interchangeabl y with the term “navigational encroachments.” (3-18-22) 16. Encroachments Not in Aid of Navigation. Includes all other encroachments on, in, or above th e beds or waters of a navigable lake, including landfills, bridges, utility and power lines, or other structures no t constructed primarily for use in aid of navigation, such as float homes and boat garages. The term “encroachment s not in aid of navigation” is used interchangeably with the term “nonnavigational encroachments.” (3-18-22) 17. Floating Home or Float Home. A structure that is designed and built to be used, or is modified t o be used, as a stationary waterborne residential dwelling and is not self-propelled. These structures are usually dependent for utilities upon a continuous utility linkage to a source originating on shore, and must have either a permanent continuous connection to a sewage system on shore, or an alternative method of sewage disposal that doe s not violate local, state, or federal water quality and sanitation regulations. (3-18-22) 18. Floating Toys

elling and is not self-propelled. These structures are usually dependent for utilities upon a continuous utility linkage to a source originating on shore, and must have either a permanent continuous connection to a sewage system on shore, or an alternative method of sewage disposal that doe s not violate local, state, or federal water quality and sanitation regulations. (3-18-22) 18. Floating Toys. Trampolines, inflatable structures, water ski courses, and other recreationa l equipment that are not permanently anchored to the lake bed or an encroachment and are either located between th e shoreline and the line of navigability or are waterward of the line of navigability for less than twenty-four (24 ) consecutive hours. (3-18-22) 19. Jet Ski Ramp, Port, or Lift. A mechanism for mooring jet skis or other personal watercraft simila r to a boat lift. The lifts may be free standing or attached to a dock or pier. (3-18-22) 20. Line of Navigability. A line located at such distance waterward of the low water mark establishe d by the length of existing legally permitted encroachments, water depths waterward of the low water mark, and b y other relevant criteria determined by the board when a line has not already been established for the body of water i n question. (3-18-22) 21. Low Water Mark. That line or elevation on the bed of a lake marked or located by the average low water elevations over a period of years, and marks the point to which the riparian rights of adjoining landowner s extend as a matter of right, in aid of their right to use the waters of the lake for purposes of navigation. (3-18-22) 22. Moorage. A place to secure float homes and watercraft including, but not limited to, boats , personal watercraft, jet skis, etc. (3-18-22) 23. Natural or Ordinary High Water Mark

over a period of years, and marks the point to which the riparian rights of adjoining landowner s extend as a matter of right, in aid of their right to use the waters of the lake for purposes of navigation. (3-18-22) 22. Moorage. A place to secure float homes and watercraft including, but not limited to, boats , personal watercraft, jet skis, etc. (3-18-22) 23. Natural or Ordinary High Water Mark. The high water elevation in a lake over a period o f years, uninfluenced by man-made dams or works, at which elevation the water impresses a line on the soil b y covering it for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes. (3-18-22) 24. Navigable Lake. Any permanent body of relatively still or slack water, including man-mad e 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 exclusivel y assumed by a federal agency. (3-18-22) 25. Party. Each person or agency named or admitted as a party or properly seeking and entitled as o f right to be admitted as a party. (3-18-22) 26. Person. A partnership, association, corporation, natural person, or entity qualified to do business i n the state of Idaho and any federal, state, tribal, or municipal unit of government. (3-18-22) 27. Piling. A metal, concrete, plastic, or wood post that is placed into the lakebed and used to secur e floating docks and other structures. (3-18-22) 28. Plans. Maps, sketches, engineering drawings, aerial and other photographs, word descriptions, an d specifications sufficient to describe the extent, nature and approximate location of the proposed encroachment and th e proposed method of accomplishing the same. (3-18-22) 29. Public Hearing

d post that is placed into the lakebed and used to secur e floating docks and other structures. (3-18-22) 28. Plans. Maps, sketches, engineering drawings, aerial and other photographs, word descriptions, an d specifications sufficient to describe the extent, nature and approximate location of the proposed encroachment and th e proposed method of accomplishing the same. (3-18-22) 29. Public Hearing. The type of hearing where members of the public are allowed to comment, in written or oral form, on the record at a public meeting held at a set time and place and presided over by a designate d representative of the Department who acts as the hearing coordinator. This type of hearing is an informal opportunity for public comment and does not involve the presentation of witnesses, cross examination, oaths, or the rules o f evidence. A record of any oral presentations at such hearings will be taken by the Department by tape recorder. Th e hearing coordinator exercises such control at hearings as necessary to maintain order, decorum and common courtes y among the participants. (3-18-22) 30. Public Trust Doctrine. The duty of the State to its people to ensure that the use of public trus t resources is consistent with identified public trust values. This common law doctrine has been interpreted b y decisions of the Idaho Appellate Courts and is codified at Title 58, Chapter 12, Idaho Code. (3-18-22) 31. Pylon. A metal, concrete, or wood post that is placed into the lakebed and used to support fixe d piers. (3-18-22) 32. Riparian or Littoral Rights. The rights of owners or lessees of land adjacent to navigable water s of the lake to maintain their adjacency to the lake and to make use of their rights as riparian or littoral owners or lessees in building or using aids to navigation but does not include any right to make any consumptive use of th e waters of the lake. (3-18-22) 33. Riparian or Littoral Owner

22) 32. Riparian or Littoral Rights. The rights of owners or lessees of land adjacent to navigable water s of the lake to maintain their adjacency to the lake and to make use of their rights as riparian or littoral owners or lessees in building or using aids to navigation but does not include any right to make any consumptive use of th e waters of the lake. (3-18-22) 33. Riparian or Littoral Owner. The fee owner of land immediately adjacent to a navigable lake, o r his lessee, or the owner of riparian or littoral rights that have been segregated from the fee specifically by deed, lease , or other grant. (3-18-22) 34. Riparian or Littoral Right Lines. Lines that extend waterward of the intersection between th e artificial or ordinary high water mark and an upland ownership boundary to the line of navigation. Riparian or littora l right lines will generally be at right angles to the shoreline. (3-18-22) 35. Side Tie. Moorage for watercraft where the dock or pier is on only one (1) side of the watercraft. (3-18-22) 36. Single-Family Dock. A structure providing noncommercial moorage that serves one (1) waterfront owner whose waterfront footage is no less than twenty-five (25) feet. (3-18-22) 37. Slip. Moorage for boats with pier or dock structures on at least two (2) sides of the moorage. (3-18-22) 38. Submerged Lands. The state-owned beds of navigable lakes, rivers and streams below the natura l or ordinary high water marks. (3-18-22) 39. Two-Family Dock. A structure providing noncommercial moorage that serves two (2) adjacen t waterfront owners having a combined waterfront footage of no less than fifty (50) feet. Usually the structure i s located on the common littoral property line. (3-18-22) 40. Upland. The land bordering on navigable lakes, rivers, and streams. (3-18-22)