Section 030. Processing Of Applications For All Other Types Of Encroachments

01. Nonnavigational, Community, and Commercial Navigational Encroachments. Within ten (10 ) days of receiving a complete application for a nonnavigational encroachment, a community dock, a commercia l navigational encroachment, or a navigational encroachment extending beyond the line of navigability, th e Department will cause to be published a notice of application once a week for two (2) consecutive weeks in a newspaper of general circulation in the county in which the encroachment is proposed. If, however, the Directo r orders a hearing on the application within the time for publication of the above notice, the Department will dispens e with publication of the notice of the application and proceed instead to publish a notice of the public hearing a s provided in Subsection 030.05. Applications for installation of buried or submerged water intake lines and utilit y lines are exempt from the newspaper publication process. (3-18-22) 02. Encroachments Not in Aid of Navigation. Encroachments not in aid of navigation in navigabl e lakes will normally not be approved by the Department and will be considered only in cases involving majo r environmental, economic, or social benefits to the general public. Approval under these circumstances is authorize d only when consistent with the public trust doctrine and when there is no other feasible alternative with less impact o n public trust values. (3-18-22) 03. Notifications. Upon request or when the Department deems it appropriate, the Department ma y furnish copies of the application and plans to federal, state and local agencies and to adjacent littoral owners , requesting comment on the likely effect of the proposed encroachment upon adjacent littoral property and public trus t values such as navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, water quality, etc. (3-18-22) 04. Written Comments or Objections

a y furnish copies of the application and plans to federal, state and local agencies and to adjacent littoral owners , requesting comment on the likely effect of the proposed encroachment upon adjacent littoral property and public trus t values such as navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, water quality, etc. (3-18-22) 04. Written Comments or Objections. Within thirty (30) days of the first date of publication, a n agency, adjacent littoral owner or lessee, or any resident of the state of Idaho may do one (1) of the following: (3-18-22) a. Notify the Department of their opinions and recommendation, if any, for alternate plans they believe will be economically feasible and will accomplish the purpose of the proposed encroachment withou t unreasonably adversely affecting adjacent littoral property or public trust values; or (3-18-22) b. File with the Department written objections to the proposed encroachment and request a publi c hearing on the application. The hearing must be specifically requested in writing. Any person or agency requesting a hearing on the application must deposit and pay to the Department an amount sufficient to cover the cost o f publishing notice of hearing provided in Subsection 030.05. (3-18-22) 05. Hearing. Notice of the time and place of public hearing on the application will be published by th e Director once a week for two (2) consecutive weeks in a newspaper in the county in which the encroachment i s proposed, which hearing will be held within ninety (90) days from the date the application is accepted for filing. (3-18-22) 06. Hearing Participants. Any person may appear at the public hearing and present oral testimony. Written comments will also be received by the Department. (3-18-22) 07. Decision After Hearing. The Director will render a final decision within thirty (30) days afte r close of the public hearing

ring will be held within ninety (90) days from the date the application is accepted for filing. (3-18-22) 06. Hearing Participants. Any person may appear at the public hearing and present oral testimony. Written comments will also be received by the Department. (3-18-22) 07. Decision After Hearing. The Director will render a final decision within thirty (30) days afte r close of the public hearing. A copy of his final decision will be mailed to the applicant and to each person or agenc y appearing at the hearing and giving oral or written testimony in support of or in opposition to the propose d encroachment. (3-18-22) 08. Decision Where No Hearing. (3-18-22) a. In the event no objection to the proposed encroachment is filed with the Department and no publi c hearing is requested under Subsection 030.04, or ordered by the Director under Subsection 030.01, the Department , based upon its investigation and considering the economics of the navigational necessity, justification or benefit , public or private, of such proposed encroachment as well as its detrimental effects, if any, upon adjacent real propert y and public trust values such as navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, wate r quality, etc. will prepare and forward to the applicant its decision. (3-18-22) b. The applicant, if dissatisfied with the Director’s decision, has twenty (20) days from the date of the Director’s decision to request reconsideration thereof. If reconsideration is required, the Director will set a time an d place for a reconsideration hearing, not to exceed thirty (30) days from receipt of the request, at which time and plac e the applicant may appear in person or through an authorized representative and present briefing and oral argument. Upon conclusion of reconsideration, the Director will, by personal service or by registered or certified mail, notify th e applicant of his final decision. (3-18-22) 09. Judicial Review

ation hearing, not to exceed thirty (30) days from receipt of the request, at which time and plac e the applicant may appear in person or through an authorized representative and present briefing and oral argument. Upon conclusion of reconsideration, the Director will, by personal service or by registered or certified mail, notify th e applicant of his final decision. (3-18-22) 09. Judicial Review. Any applicant aggrieved by the Director’s final decision, or an aggrieved part y who appeared at a hearing, has the right to have the proceedings and final decision of the Director reviewed by th e district court in the county in which the encroachment is proposed by filing a notice of appeal within thirty (30) day s from the date of the final decision. The applicant need post no bond with the court to prosecute an appeal. Any othe r aggrieved party is required to deposit an appeal bond with the court, in an amount to be determined by the court bu t not less than five hundred dollars ($500), insuring payment to the applicant of damages caused by delay and costs an d expenses, including reasonable attorney fees, incurred on the appeal in the event the district court sustains the actio n of the Director. (3-18-22) 10. Factors in Decision. In recognition of continuing private property ownership of lands lyin g between the natural or ordinary high water mark and the artificial high water mark, if present, the Department wil l consider unreasonable adverse effect upon adjacent property and undue interference with navigation the most important factors to be considered in granting or denying an application for either a nonnavigational encroachment o r a commercial navigational encroachment not extending below the natural or ordinary high water mark

mark and the artificial high water mark, if present, the Department wil l consider unreasonable adverse effect upon adjacent property and undue interference with navigation the most important factors to be considered in granting or denying an application for either a nonnavigational encroachment o r a commercial navigational encroachment not extending below the natural or ordinary high water mark. If n o objections have been filed to the application and no public hearing has been requested or ordered by the Director, or , if upon reconsideration of a decision disallowing a permit, or following a public hearing, the Department determine s that the benefits, whether public or private, to be derived from allowing such encroachment exceed its detrimenta l effects, the permit will be granted. (3-18-22) 031. -- 034. (RESERVED)