Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.17.025 - POLICY

Current through August 31, 2023
01.
Policy of the State of Idaho
. It is the policy of the state of Idaho to regulate and control the use and disposition of the beds of navigable waterways so as to provide for their commercial, navigational, recreational or other public use; provided that the Board will take no action in derogation of or seeking to interfere with the riparian or littoral rights of upland landowners. (3-30-23)
02.
Director May Grant Leases
. The Director may grant leases for uses that are in the public interest and consistent with these rules. (3-30-23)
03.
Requests or Inquiries Regarding Navigability
. The State owns the beds of all lakes, rivers, and streams that were navigable in fact at statehood. Information about lakes, rivers, and streams deemed navigable by the State of Idaho is available from the Department. (3-30-23)
04.
Stream Channel Alteration Permit or Encroachment Permit
. Issuance of a lease is contingent upon the applicant obtaining a stream channel alteration permit if required by the Idaho Department of Water Resources, pursuant to Title 42, Chapter 38, Idaho Code, or an encroachment permit if required by the Department pursuant to the Lake Protection Act, Title 58, Chapter 13, Idaho Code. (3-30-23)
05.
Submerged Lands Lease Required Upon Notification
. All persons using submerged lands in a manner that requires a submerged land lease must obtain such a lease from the Director when notified to do so. (3-30-23)
06.
Term of Lease, Renewal of Lease
. Leases are issued for a term of ten (10) years or as determined by the Board. Leases may be renewed for additional periods as determined by the Department based upon satisfactory performance during the present term. Renewals will be processed with a minimum of procedural requirements and will not be denied except in the most unusual circumstances or noncompliance with the terms and conditions of the previous lease. A lease application fee is required for leases that are renewed upon expiration. Lease renewals are initiated by the Department. (3-30-23)
07.
Rights Granted
. The lease grants only such rights as are specified in the lease. The right to use the navigable waterways for all other purposes that do not interfere with the rights authorized in the lease remains with the state. (3-30-23)
08.
Waiver of Lease Requirements
. The Director may, in his discretion, waive lease requirements for single-family or two-family dock encroachments whose dock surface areas exceed square footages described in Subsections  020.01  through  020.02  of these rules when the additional dock surface area square footage is necessary to gain or maintain access to water of sufficient depth to sustain dock use. (3-30-23)
09.
Private Moorage at Commercial Marinas
. (3-30-23)
a. This Subsection does not apply to community docks. (3-30-23)
b. Private moorage at commercial marinas is allowed as long as the requirements of IDAPA 20.03.04.015.03 are met. (3-30-23)
c. The sale, lease, or rental of private moorage is not an encumbrance on navigable waterways. All transactions related to private moorage are subject to the submerged lands lease's terms. (3-30-23)
d. Acquisition of private moorage must be documented with a disclosure that the transaction does not convey navigable waterways and only conveys the right to use the designated portion of the marina. (3-30-23)
e. The Department does not regulate the cost of private moorage or resolve disputes between a marina and private moorage owners. (3-30-23)