Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.17.010 - DEFINITIONS

Current through August 31, 2023
01.
Board
. The Idaho State Board of Land Commissioners or its designee. (3-30-23)
02.
Commercial Marina
. A commercial navigational encroachment whose primary purpose is to provide moorage for rental or for free to the general public. (3-30-23)
03.
Commercial Navigational Encroachment
. A navigational encroachment used for commercial purposes. (3-30-23)
04.
Community Dock
. A structure that provides private moorage for more than two (2) adjacent littoral owners, or other littoral owners possessing a littoral common area with littoral rights including, but not limited to, homeowners' associations. No public access is required for a community dock. (3-30-23)
05.
Department
. The Idaho Department of Lands or its designee. (3-30-23)
06.
Director
. The director of the Idaho Department of Lands or his designee. (3-30-23)
07.
Dock Surface Area
. Includes docks, slips, piers, and ramps and is calculated in square feet. Dock surface area does not include pilings, submerged anchors, or undecked breakwaters. (3-30-23)
08.
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, or above the beds or waters of a navigable lake, river or stream. The term "encroachments in aid of navigation" is used interchangeably with "navigational encroachments." (3-30-23)
09.
Encroachments Not in Aid of Navigation
. Includes all other encroachments on, in, or above the beds or waters of a navigable lake, river or stream, including landfills, bridges, utility and power lines, or other structures not constructed primarily for use in aid of navigation. It also includes float homes and floating toys. The term "encroachments not in aid of navigation" is used interchangeably with "non-navigational encroachments." (3-30-23)
10.
Market Value
. The most probable price at a specified date, in cash, or on terms reasonably equivalent to cash, for which the property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. (3-30-23)
11.
Natural or Ordinary High Water Mark
. The line that the water impresses upon the soil by covering it for a sufficient period of time to deprive the soil of its vegetation and destroy its value for agricultural purposes. If, however, the soil, configuration of the surface, or vegetation has been altered by man's activity, the ordinary high water mark is located where it would have been if the alteration had not occurred. (3-30-23)
12.
Person
. An individual, corporation, partnership, limited liability company, association, trust, unincorporated organization or other legal entity qualified to do business in the state of Idaho and any federal, state, tribal, or municipal unit of government. (3-30-23)
13.
Riparian or Littoral Rights
. The rights of owners or lessees of land adjacent to navigable lakes, rivers or streams to maintain their adjacency to the lake, river, or stream 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 the waters. (3-30-23)
14.
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. (3-30-23)
15.
State-Owned Navigable Waterways and Navigable Waterways
. As used in these rules, the beds of all navigable waterways up to the natural or ordinary high water mark as of the date Idaho was admitted into statehood. This includes any such bed that was formerly submerged and subsequently filled and is now uplands because of human activity (e.g., dikes, berms, jetties) or by natural processes, and includes islands within navigable waterways resulting from human activity or by natural processes. (3-30-23)
16.
Submerged Lands
. The state-owned beds of navigable lakes, rivers, and streams below the natural or ordinary high water marks. (3-30-23)
17.
Temporary Permit
. A revocable instrument authorizing a specific use on navigable waterways usually issued for five (5) years or less, but that may be issued for up to ten (10) years. (3-30-23)
18.
Two-Family Dock
. A structure providing noncommercial moorage that serves two (2) adjacent waterfront owners having a combined waterfront footage of no less than fifty (50) feet. Usually the structure is located on the common littoral property line. (3-30-23)
19.
Uplands
. The land bordering on navigable waterways. (3-30-23)