Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.18-012 - 2019 Fishing Regulations

Current through Register Vol. 49, No. 6, June, 2024
K1.01
POLICIES ON LAND USE AROUND ARKANSAS GAME AND FISH COMMISSION
		  LAKES
By Order of the Arkansas Game and Fish Commission
Updated
January 01, 2019
POLICIES ON LAND USE AROUND ARKANSAS GAME AND FISH LAKES
*Be sure to review the Arkansas Game and Fish Guidelines for
			 Resolving Real Estate Encroachments (Section
			 10.8 ) and the AGFC Fishing
			 Guidebook
1.0
Introduction
The Arkansas Game and Fish Commission (the Commission, AGFC) has
			 built many lakes throughout the state in an effort to provide fishing for the
			 citizens of Arkansas. The Game and Fish Commission controls, manages and
			 maintains these lakes within the established boundaries of ownership. Around
			 each Commission-owned lake a state boundary of ownership exists. The size and
			 extent of the state-owned boundary varies depending on the lake. These lands
			 are necessary to provide for fluctuating water levels, to control and protect
			 thepublic investments and to insure public use and access to the shoreline of
			 these lakes. The Commission attempts to maintain boundary markings, however if
			 construction and/or land- clearing activities are anticipated, it is the
			 landowner's responsibility to locate all boundariesby a survey based on the
			 metes and bounds land description.
2.0
Definitions
2.1
Lake Management
		  Buffer
- The strip of Commission-owned land adjacent to AGFC lakes
		  that the Commission deems necessary to provide for public access, flood
		  control, and lake management. The width of the lake management buffer varies
		  from lake-to-lake(typically between 20 to 100 feet wide) and either is
		  described relative to a known elevation or in metes and bounds pursuant to a
		  survey. (Refer to Section 9 for specific lake boundary descriptions; see also
		  the current Arkansas Game and Fish Guidelines for Resolving Real Estate
		  Encroachments in Section
		  10.8 ). The lake management
		  buffer is public property and is open to the public at all times.
2.2
Lakefront
		  Property
- private property that directly adjoins the Arkansas
		  Game and Fish Commission lake management buffer. No other properties will be
		  considered lakefront properties. Only lakefront property owners may request
		  permits for and construct such permitted structures on the Commission-owned
		  lake management buffers and lakes.
2.3
Mean Sea Level (msl)
		  -
A measurement of the average height of the ocean's surface; used
		  as a standard in reckoning land elevation.
2.4
Metes and Bounds
		  Survey:
A metes and bounds survey is a survey of land by
		  references to courses and distances around the tract (e.g. "Thence North 40
		  degrees West 1320 feet to a 1" pipe"), as opposed to a description of a tract
		  of land within a subdivision (e.g. "Lot 6, Wooded Hills Subdivision"). A metes
		  and bounds survey is typically seen in rural ornon- urban areas, such as around
AGFC lakes and WMAs.
3.0
Permits
3.1
General Information
		  -
Applications for all permits are provided in the Appendix.
		  Applicants should allow at least 30 days to process the permit application(s).
		  Permits are not transferable upon resale or transfer of ownership of the
		  property. It is the current landowner's responsibility to disclose the Policies
		  on Land Use Around AGFC Lakesupon resale or transfer of ownership of his/her
		  property. New lakefront landowners purchasing properties with an existing pier,
		  boathouse, boat slide or irrigation system must apply for a new permit and
		  number in the new property owner's name. Proof of home ownership is required.
Permit renewals will be on a three year cycle.
A new
		  registration sticker will be sent with the renewed permit. New property owners
		  are responsible for permitting orremoving the structure within 90 days of
		  taking possession. Structures not removed or permitted during that time are
		  subject to removal by the Commission at the property owner'sexpense.
3.2
Agreement
- The
		  Application(s) for permits must be completed and signed by the lakefront
		  property owner. In signing the application(s) the lakefront property owner
		  agrees to comply with all applicable requirements outlined in the Policies on
		  Land Use Around Arkansas Game and Fish Commission Lakes and to repair or remove
		  boathouses, piers, boat slides, or irrigation units should they at any time
		  deteriorate to be in violation of the Policy. The landowner assumes all
		  liability associated with said structures. A copy of private boathouse, boat
		  slide, or pier construction plans, dimensions, and list of materials to be used
		  and a copy of the plat map with the boathouse, boat slide, pier, or irrigation
		  unit location marked must accompany the Application. Failure of not sending in
		  all required information will result in delay of permit issuance.
3.3
Permit Display Requirements
		  and Fees
Piers, boathouses, boat slides, and irrigation units must display
			 the Arkansas Game and Fish Commission permit number on the structure. Permit
			 numbers must be a minimum of 3 inches in height. Along with issuance of the
			 permit, you will receive a metal placard and a colored registration sticker for
			 each boathouse, boat slide, pier, or irrigation pump. The permit numbers shall
			 be placed on the left side of the placard and the registration sticker shall be
			 placed to the right of the permit numbers on the placard. Permit numbers must
			 be clearly visible, legible and of a color that contrasts with that of the
			 metal placard. The placard must be placed on the side of the structure facing
			 the center of the lake, making it visible at all times. Boat slides and
			 irrigation units must have the placard attached to a 4"x 4" post that is
			 securely set in the ground, as a part of or near the structure. The placard
			 must also be placed at least 3 feet above the ground or normal water elevation
			 of the lake. The metal placard cannot be placed on doors.
Every
			 three years,
upon renewal of the permit, you will receive a new
			 registration sticker to place on the placard. If a placard must be replaced,
			 contact the Licensing Division at (501) 223-6300 or 1(800) 364-GAME.
[BULLET] Pier, boathouse, or boat slide fee (for each structure):
$30.00
[BULLET] Irrigation Permit fee (Fee required only if you do not
			 have a boathouse and/or pier. Metal placard must be placed on a post near the
			 irrigation unit. Refer to Section
			 4.6 ):
$10.00
[BULLET] Metal Placard(s) fee (For use on boathouses/boat
			 slides/piers/irrigation units. This fee covers all required metal placards for
			 each landowner.): $25.00
[BULLET] Replacement placard fee: $5.00 per placard
4.0
Activities
		  Requiring a Permit
4.1
Summary of Activities
Boathouses
Shoreline Stabilizations Dredging for Boat Access Boat
						Slides
Piers
Herbicides and Pesticides Deepening the Shoreline
Irrigation using lake water (Permit required only if you
						do not have a permitted boathouse and/or pier)
4.2
Shoreline Stabilization
- Lakefront property owners
		  may sometimes need to stabilize a shoreline adjacent to their property that is
		  eroding due to wave action. A permit fromthe District Fisheries Supervisor must
		  be obtained before beginning such work. An application form is included. A site
		  plan drawing indicating dimensions and descriptions of the work to be performed
		  and the materials to be used must accompany the application.
A 404 permit may be required from the U.S. Army Corps of
			 Engineers (USACOE) depending on the size and scope of stabilization work
			 requested. Contact your local USACOE office to determine if the permit is
			 required.
Only approved materials may be used for stabilization work.
			 Approved materials consist of: riprap placed over landscape fabric; cedar
			 revetments, log cribs and vegetativecover. You must have AGFC approval for
			 placement of any fill material on the lakemanagement buffer. The Arkansas
			 Stream Team Program has further guidelines for acceptable stabilization work.
			 Call your local District Fisheries Supervisor for more information.
No other manipulation of the shoreline will be permitted. It is
not
permissible to:
1. Extend or cut into the shoreline in any
		  manner
2. Dig canals
3. Construct a private boat launch
4. Construct a retaining wall
5. Construct swimming beaches.
6. Place any fill material on the lake
		  management buffer without AGFC approval
4.3
Lake Dredging
-
		  Deepening of the lake area near the shoreline is allowed only to create a boat
		  lane from shallow to deeper water when it otherwise would be impassable. This
		  operation must be carried out when the lake is drawn down for maintenance or
		  fishery purposes. No other deepening is allowed. A permit must be obtained
		  before any work is started. A permit application form is attached. All material
		  removed during deepening must be disposed of on the lakefront property owner's
		  lot. You must have AGFC approval for placement of any fill material on the lake
		  management buffer. Excavated material may not be hauled away without prior
		  written approval from the District Fisheries Supervisor. Mitigation for removal
		  of spawning habitat may be required (i.e. construction ofspawning beds using
		  creek gravel). A 404 Permit from the USACOE may be required.
4.4
Herbicide and Pesticide
		  Use
- Only chemicals approved by the United States Dept. of
		  Agriculture for aquatic weed control may be used. Chemicals must be applied
		  perthe manufacturer's recommendations. Chemical application must be confined to
		  the area of the lake directly in front of the property owner's lakefront lot.
		  Prior to herbicide application, property owner must obtain a permit from the
		  District Fisheries Supervisor.
4.5
Boathouses, Boat Slides and Piers -
Lakefront property
		  owners may obtain permits tobuild one pier and either one boathouse or one boat
		  slide on the Commission-owned property adjacent to their lakefront property.
		  Landowners may not have both a boathouse anda boat slide. Boathouses, piers and
		  boat slides must be separate structures, although they may be located in close
		  proximity to each other. Construction of a new pier, boathouse or boat slide
		  may only begin after first obtaining the necessary permit from the Arkansas
		  Game and Fish Commission. Permit applications are attached. Commission
		  personnel may also inspect the site before structures are built.
Boathouses, piers and boat slides may only be built using plans
			 available from the Arkansas Game and Fish Commission and with approved
			 materials. No other designs and material will be allowed for construction on
			 Commission property. Plans for: floating boathouses, floating piers, fixed
			 boathouses, fixed piers, and boat slides are provided. Commercially made piers,
			 boathouses, and boat slides will be approved if they fallwithin the allowable
			 dimensions. Framing of commercially made piers, boathouses, and boat slides may
			 be made of galvanized metal.
Piers, boathouses and/or boat slides are the sole property of the
			 permit holder and maybe locked or gated at the entrance. Permit holders bear
			 all responsibility and liabilityfor upkeep and any injury resulting from the
			 use of thestructure.
4.5.1
Dimensions & Design
- Piers may be either fixed or floating and
must not exceed a total length of 50 feet and total width of 8
		  feet
. Piers may include a "T" or "L" constructed at the end,
		  measuring no more than 8 feet by 16 feet in size, but total length of pier may
		  not exceed 50 feet. Piers must be placed a minimum of 1.0 feet above normal
		  lake elevation. Roofs are not allowed on piers.
Boathouses may be either fixed or floating. Boathouses shall not
			 exceed 24 feet in length and 16 feet in width and shall not have a walkway from
			 shore to boathouse longer than 16 feet in length and 8 feet in width. Roofing
			 is required on boathouses and shall be metal. Sheathing to enclose the
			 boathouses is optional and shall be metal in an earth toned shade. Inside
			 dimensions of boat slip can be variable as long as the structure does not
			 exceed 16 feet wide and 24 feet long. Sleeping, living or toilet facilities in
			 boathouses are prohibited.
Boat slides must be permanently fixed to the shoreline and cannot
			 be floating. Boat slides cannot completely cross the lake management buffer,
			 and they cannot change the configuration of the shoreline in any manner
			 (digging/excavation is not allowed). Boat slides shall not exceed 20 feet in
			 length and 8 feet in width. Handrails are allowed as long as they fit within
			 the allowed dimensions. Roofs are not allowed on boat slides.
Placement and extension of piers, boathouses and/or boat slides
			 into the lake must not encroach on an imaginary extension of the landowner's
			 existing property lines. No guide lines or cables may be affixed to the shore
			 to stabilize a pier, boathouse or boat slide.
4.5.2
Materials
- All posts
		  shall be 4"x 4" minimum pressure treated lumber and shall be spaced no more
		  than 8 feet apart (8 foot spacing recommended). Posts may be driven or set in
		  concrete. Deck framing shall be 2"x 6" minimum pressure treated lumber. Decking
		  shall be 5/4" x 6" or 2"x 6" minimum pressure treated lumber. Railings shall be
		  2"x 6" pressure treated lumber with mid-rail height of 18 inches and height of
		  top-rail shall be 36 inches. Floor joists: On 16" centers use 2" x 8" minimum
		  pressure treated lumber. On 12" centers, use 2" x 6" minimum pressure treated
		  lumber. Fasteners shall be galvanized, stainless or coated steel screws.
		  Floating structures must be buoyed with encapsulated foam flotation. Floating
		  structures may not be stabilized by using cables, guidelines, or poles attached
		  to concrete anchors along the shoreline or on the lake management buffer.
		  Floating structures should utilize anchors in the lake or use standing pipe and
		  guides.
A hand-cranked or battery operated winch/come-along system is
			 allowed onboathouses, boat slides and piers as long as it does not change the
			 configuration of the structure and must be mounted on a post (minimum 4" x 4"
			 pressured treated lumber).
Rollers for boat house lifts and boat slides shall be constructed
			 of galvanized metal or plastic. Alternatively, runners constructed of 2" x 4"
			 pressure treated lumber, coveredwith marine carpet may be used.
4.5.3
Electrical
- All electrical improvements must meet or exceed State of Arkansas
		  and local codes. All electrical fixtures attached to piers and/or boathouses
		  must be a minimum of 3 feet above normal pool elevation. All electric power
		  lines attached to piers and boathouses must be encased in conduit and attached
		  at least 3 feet above normal pool elevation. Any electric power lines that
		  traverse AGFC property must be encasedand buried according to State of Arkansas
		  and local codes. Light poles are not allowed. Submerged electrical wiring is
		  prohibited on the entire lake.
4.5.4
Maintenance
- Piers,
		  boathouses and boat slides must be maintained to be safe and functional and in
		  good repair at all times. Failure of structures to pass inspection by the
		  Arkansas Game and Fish Commission will be grounds for revocation of permit,
		  mandatory removal and potential fine. Repairs must be made within 90 days of
		  receiving notice of need to repair. Repairs will be made at the adjacent
		  landowner's expense.
4.5.5
Inspections
- Arkansas Game and Fish Commission personnel may inspect
		  piers, boat slides and boathouses at any time. Property owner will be informed
		  of maintenance needs and have 90 days to make stated repairs. Repairs will be
		  made at the adjacent landowner's expense.
4.5.6
Existing Structures
-
		  Boathouses, piers, and retaining walls that were in place prior to January 1,
		  2008 and that do not conform to these regulations may be left in place until
		  major repairs are needed. At that time the structure must be removed. Boat
		  slides in place as of September 2009 will be permitted if they meet the
		  specified dimensions (Section 4.5.1) and are not in need of major repairs.
		  Grandfathered structures cannot have any additions added to the structures that
		  alter the outside dimensions of the original structure. All new structures must
		  comply with the Policies on Land Use around Arkansas Game and Fish Commission
		  Lakes and a new permit issued. Joint boathouses will not be re-permitted and
		  retaining walls may not be replaced. Structures not brought into compliance
		  when major repairs are needed must be removed by property owner within 60 days
		  at their own expense.
4.6
Lawn Irrigation
		  -
Lakefront property owners may pump water out of AGFC-owned lakes
		  for lawn/garden irrigation needs. Irrigation for agricultural/commercial
		  purposes willnot be permitted. Those property owners with a currently permitted
		  boathouse/pier/boatslide will not be required to pay irrigation permit fees or
		  purchase a metal placard forirrigation purposes. Those property owners without
		  a current boathouse, pier, or boat slide permit must apply for an Irrigation
		  Permit for irrigation purposes as well as purchasea metal placard for the
		  irrigation unit.
Irrigation permits will be on the same three year
		  cycle as boathouse and pier permits.
No submersible pumps will be
		  allowed. Relift pumps with no more than 1.5 horsepower may be used. Relift
		  pumps may be locatedon an existing boathouse, pier or the landowner's property.
		  Intake pipes must have screening on them. No part of the pump may be on the
		  AGFC property (lake managementbuffer). Discharge or intake lines may traverse
AGFC property. If electric power linestraverse AGFC property,
			 they must be encased and buried according to State of Arkansasand local codes.
			 The discharge outlet from the pump must be no more than 1 % -inch inside
			 diameter within 5.0 feet of the pump and prior to dispersal for
			 irrigation.
Water withdrawal for irrigation is prohibited when the lake
			 elevation reaches 1.0 foot below normal lake elevation.
4.7
Damaged trees -
If a tree on AGFC property is threatening a house or structure on private
		  property, AGFC will pay for the removal of the tree (please contact your
		  District Fisheries Supervisor as soon as possible). If structures on private
		  property are damaged due to fallen trees originating on_ AGFC property,
		  landowners must write a damage recovery request letter to the AGFC Director.
		  The letter shall include: Location, description and date of damage; cost
		  estimate of damage along with any incurred relevant bills thathave been paid;
		  an indication of whether the landowner has homeowner's insurance (or other
		  relevant insurance) and what percentage of damages the insurance will pay,
		  along with the deductible. The agency will review the damage request and
		  determine the appropriate path moving forward. No dead timber may be removed
		  from the lake.