Section 020. Applications

01. Encroachment Applications. No person shall hereafter make or cause to be made any encroachment on, in or above the beds or waters of any navigable lake in the state of Idaho without first makin g application to and receiving written approval from the department. The placing of dredged or fill material, refuse o r waste matter intended as or becoming fill material, on or in the beds or waters of any navigable lake in the state o f Idaho shall be considered an encroachment and written approval by the department is required. If demolition i s required prior to construction of the proposed encroachment, then the application must describe the demolitio n activities and the steps that will be taken to protect water quality and other public trust values. No demolitio n activities may proceed until the permit is issued. (3-18-22) 02. Signature Requirement. Only persons who are littoral owners or lessees of a littoral owner shall be eligible to apply for encroachment permits. A person who has been specifically granted littoral rights or doc k rights from a littoral owner shall also be eligible for an encroachment permit; the grantor of such littoral rights , however, shall no longer be eligible to apply for an encroachment permit. Except for waterlines or utility lines, th e possession of an easement to the shoreline does not qualify a person to be eligible for an encroachment permit. (3-18-22) 03. Other Permits. Nothing in these rules shall excuse a person seeking to make an encroachmen t from obtaining any additional approvals lawfully required by federal, local or other state agencies. (3-18-22) 04. Repairs, Reinstallation of Structures. No permit is required to clean, maintain, or repair a n existing permitted encroachment, but a permit is required to completely replace, enlarge, or extend an existin g encroachment. Replacement of single-family and two-family docks may not require a permit if they meet the criteri a in Section 58-1305(e), Idaho Code

cal or other state agencies. (3-18-22) 04. Repairs, Reinstallation of Structures. No permit is required to clean, maintain, or repair a n existing permitted encroachment, but a permit is required to completely replace, enlarge, or extend an existin g encroachment. Replacement of single-family and two-family docks may not require a permit if they meet the criteri a in Section 58-1305(e), Idaho Code. Reinstalling the top or deck of a dock, wharf or similar structure shall b e considered a repair; reinstallation of winter damaged or wind and water damaged pilings, docks, or float logs shall b e considered a repair. Repairs, or replacements under Section 58-1305(e), Idaho Code, that adversely affect the bed o f the lake will be considered a violation of these rules. (3-18-22) 05. Dock Reconfiguration. (3-18-22) a. Rearrangement of single-family and two-family docks will require a new application for a n encroachment permit. (3-18-22) b. Rearrangement of community docks and commercial navigational encroachments may not require a new application for an encroachment permit if the changes are only internal. The department shall be consulte d prior to modifications being made, and shall use the following criteria to help determine if a new permit must b e submitted: (3-18-22) i. Overall footprint does not change in dimension or orientation; (3-18-22) ii. No increase in the square footage, as described in the existing permit and in accordance with Paragraph 015.13.a., occurs. This only applies to community docks; (3-18-22) iii. The entrances and exits of the facility do not change. (3-18-22) 06. Redredging. Redredging a channel or basin shall be considered a new encroachment and a permit is required unless redredging is specifically authorized by the outstanding permit. Water quality certification from th e Idaho Department of Environmental Quality is required regardless of how redredging is addressed in any existing o r future permit. (3-18-22) 07. Forms, Filing

not change. (3-18-22) 06. Redredging. Redredging a channel or basin shall be considered a new encroachment and a permit is required unless redredging is specifically authorized by the outstanding permit. Water quality certification from th e Idaho Department of Environmental Quality is required regardless of how redredging is addressed in any existing o r future permit. (3-18-22) 07. Forms, Filing. Applications and plans shall be filed on forms provided by the Department together with filing fees and costs of publication when required by these rules. Costs of preparation of the application , including all necessary maps and drawings, shall be paid by the applicant. (3-18-22) a. Plans shall include the following information at a scale sufficient to show the informatio n requested: (3-18-22) i. Lakebed profile in relationship to the proposed encroachment. The lakebed profile shall show th e summer and winter water levels. (3-18-22) ii. Copy of most recent survey or county plat showing the full extent of the applicant’s lot and the adjacent littoral lots. (3-18-22) iii. Proof of current ownership or control of littoral property or littoral rights. (3-18-22) iv. A general vicinity map. (3-18-22) v. Scaled air photos or maps showing the lengths of adjacent docks as an indication of the line o f navigability, distances to adjacent encroachments, and the location and orientation of the proposed encroachment i n the lake. (3-18-22) vi. Total square footage of proposed docks and other structures, excluding pilings, that cover the lake surface. (3-18-22) vii. Names and current mailing addresses of adjacent littoral landowners. (3-18-22) b. Applications must be submitted or approved by the littoral owner or, if the encroachment will li e over or upon private lands between the natural or ordinary high water mark and the artificial high water mark, th e application must be submitted or approved by the owner of such lands

r the lake surface. (3-18-22) vii. Names and current mailing addresses of adjacent littoral landowners. (3-18-22) b. Applications must be submitted or approved by the littoral owner or, if the encroachment will li e over or upon private lands between the natural or ordinary high water mark and the artificial high water mark, th e application must be submitted or approved by the owner of such lands. When the littoral owner is not the applicant , the application shall bear the owner’s signature as approving the encroachment prior to filing. (3-18-22) c. If more than one (1) littoral owner exists, the application must bear the signature of all littora l owners, or the signature of an authorized officer of a designated homeowner’s or property management association. (3-18-22) d. Applications for noncommercial encroachments intended to improve waterways for navigation , wildlife habitat and other recreational uses by members of the public must be filed by any municipality, county, state , or federal agency, or other entity empowered to make such improvements. Application fees are not required for thes e encroachments. (3-18-22) e. The following applications shall be accompanied by the respective nonrefundable filing fee s together with a deposit toward the cost of newspaper publication, which deposit shall be determined by the director a t the time of filing: (3-18-22) i. Nonnavigational encroachments require a fee of one thousand dollars ($1,000); except tha t nonnavigational encroachments for bank stabilization and erosion control require a fee of five hundred fifty dollar s ($550). (3-18-22) ii. Commercial navigational encroachments require a base fee of two thousand dollars ($2,000). If th e costs of processing an application exceed this amount, then the applicant may be charged additional costs as allowe d by Title 58, Chapter 13, Section 58-1307, Idaho Code; (3-18-22) iii. Community navigational encroachments require a fee of two thousand dollars ($2,000); and (3-18-22) iv

3-18-22) ii. Commercial navigational encroachments require a base fee of two thousand dollars ($2,000). If th e costs of processing an application exceed this amount, then the applicant may be charged additional costs as allowe d by Title 58, Chapter 13, Section 58-1307, Idaho Code; (3-18-22) iii. Community navigational encroachments require a fee of two thousand dollars ($2,000); and (3-18-22) iv. Navigational encroachments extending beyond the line of navigability require a fee of on e thousand dollars ($1,000). (3-18-22) f. Applicants shall pay any balance due on publication costs before written approval will be issued . The Department shall refund any excess at or before final action on the application. (3-18-22) g. Application for a single-family or two-family dock not extending beyond the line of navigability o r a nonnavigational encroachment for a buried or submerged water intake line serving four or less households shall b e accompanied by a nonrefundable filing fee of four hundred twenty-five dollars ($425). (3-18-22) h. No publication cost is required for application for noncommercial navigational encroachment no t extending beyond the line of navigability or for application for installation of buried or submerged water intake line s and utility lines. (3-18-22) i. Applications and plans shall be stamped with the date of filing. (3-18-22) j. Applications that are incomplete, not in the proper form, not containing the required signature(s), o r not accompanied by filing fees and costs of publication when required, shall not be accepted for filing. Th e department shall send the applicant a written notice of incompleteness with a listing of the application’s deficiencies . The applicant will be given thirty (30) days from receipt of the notice of incompleteness to resubmit the required information. The deadline may be extended with written consent of the department

ees and costs of publication when required, shall not be accepted for filing. Th e department shall send the applicant a written notice of incompleteness with a listing of the application’s deficiencies . The applicant will be given thirty (30) days from receipt of the notice of incompleteness to resubmit the required information. The deadline may be extended with written consent of the department. If the given deadline is not met , the department will notify the applicant that the application has been denied due to lack of sufficient information. Th e applicant may reapply at a later date, but will be required to pay another filing fee and publication fee, if applicable. (3-18-22) 021. -- 024. (RESERVED) 025. PROCESSING OF APPLICATIONS FOR SINGLE-FAMILY AND TWO-FAMILY NAVIGATIONAL ENCROACHMENTS WITHIN LINE OF NAVIGABILITY. 01. Single-Family and Two-Family Navigational Encroachments. Applications for single-famil y and two-family navigational encroachments not extending beyond the line of navigability will be processed with a minimum of procedural requirements and shall not be denied except in the most unusual of circumstances. N o newspaper publication, formal appearance by the applicant, or hearing is contemplated. (3-18-22) 02. Notification of Adjacent Littoral Owners. The department will provide a copy of the applicatio n to the littoral owners immediately adjacent to the applicant’s property. If the applicant owns one (1) or more adjacen t lots, the department shall notify the owner of the next adjacent lot. If the proposed encroachment may infringe upo n the littoral rights of an adjacent owner, the department will provide notice of the application by certified mail, return receipt requested; otherwise, the notice will be sent by regular mail. Notification will be mailed to the adjacent littora l owners’ usual place of address, which, if not known, will be the address shown on the records of the county treasurer or assessor

ment may infringe upo n the littoral rights of an adjacent owner, the department will provide notice of the application by certified mail, return receipt requested; otherwise, the notice will be sent by regular mail. Notification will be mailed to the adjacent littora l owners’ usual place of address, which, if not known, will be the address shown on the records of the county treasurer or assessor. The applicant may submit the adjacent littoral owners’ signatures, consenting to the proposed encroachment, in lieu of the department’s notification. (3-18-22) 03. Written Objections. (3-18-22) a. If an adjacent littoral owner files written objections to the application with the department withi n ten (10) days from the date of service or receipt of notice of the completed application, the department shall fix a tim e and a place for a hearing. In computing the time to object, the day of service or receipt of notice of the applicatio n shall not be counted. Objections must be received within the ten (10) day period by mail or hand delivery in the loca l department office or the director’s office in Boise. If the last day of the period is Saturday, Sunday or a legal holiday , the time within which to object shall run until the end of the first business day thereafter. (3-18-22) b. The applicant and any objectors may agree to changes in the permit that result in the objection s being withdrawn. Department employees may facilitate any such agreement. Participation by department personne l in this informal mediation shall not constitute a conflict of interest for participation in the hearing process. A withdrawal of objections must be in writing, completed prior to a scheduled hearing, and contain: (3-18-22) i. Signatures of the applicant and the objecting party; (3-18-22) ii. A description of the changes or clarifications to the permit that are acceptable to the applicant, th e objecting party, and the department. (3-18-22) 04. Unusual Circumstances

t for participation in the hearing process. A withdrawal of objections must be in writing, completed prior to a scheduled hearing, and contain: (3-18-22) i. Signatures of the applicant and the objecting party; (3-18-22) ii. A description of the changes or clarifications to the permit that are acceptable to the applicant, th e objecting party, and the department. (3-18-22) 04. Unusual Circumstances. Even though no objection is filed by an adjacent littoral owner to a noncommercial navigational encroachment, if the director deems it advisable because of the existence of unusual circumstances, he may require a hearing. (3-18-22) 05. Hearings. Hearings fixed by the director following an objection pursuant to Subsection 025.03 o r the Director’s own determination pursuant to Subsection 025.04 shall be fixed as to time and place, but no later tha n sixty (60) days from date of acceptance for filing of the application. At the hearing the applicant and any adjacen t riparian owner filing timely objections may appear personally or through an authorized representative and presen t evidence. The department may also appear and present evidence at the hearing. In such hearings the hearing coordinator shall act as a fact finder and not a party. The Director, at his discretion, will designate a Department representative to sit as the hearing coordinator. Provided, however, that the parties may agree to informal dispositio n of an application by stipulation, agreed settlement, consent order, or other informal means. (3-18-22) 06. Decision Following a Hearing. The director shall, within forty-five (45) days after close of th e hearing provided for in Subsections 025.03 or 025.04 render a final decision and give notice thereof to the partie s appearing before him either personally or by certified or registered mail. The final decision shall be in writing. (3-18-22) 07. Disposition Without Hearing

nformal means. (3-18-22) 06. Decision Following a Hearing. The director shall, within forty-five (45) days after close of th e hearing provided for in Subsections 025.03 or 025.04 render a final decision and give notice thereof to the partie s appearing before him either personally or by certified or registered mail. The final decision shall be in writing. (3-18-22) 07. Disposition Without Hearing. If a hearing is not held under Subsection 025.03 or Subsectio n 025.04, then the department shall act upon a complete application filed under Subsection 025.01 as expeditiously a s possible but no later than sixty (60) days from acceptance of the application. Failure to act within this sixty (60) da y timeframe shall constitute approval of the application. Applications determined to be incomplete under Subsectio n 020.07 are not subject to the sixty (60) day timeframe until the information requested by the department and required by the rules has been submitted. (3-18-22) 08. Judicial Review. Any applicant aggrieved by the Director’s final decision, or an aggrieved part y appearing at a hearing, shall have a right to have the proceedings and final decision reviewed by the district court in the county where the encroachment is proposed by filing a notice of appeal within thirty (30) days from the date o f the final decision. An adjacent littoral owner shall be required to deposit an appeal bond with the court, in an amoun t to be determined by the court but not less than five hundred dollars ($500) insuring payment to the applicant o f damages caused by delay and costs and expenses, including reasonable attorney fees, incurred on the appeal in th e event the district court sustains the action of the director. The applicant need post no bond with the court to prosecut e an appeal. (3-18-22) 026. -- 029. (RESERVED)