reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.40 - Hunter Education Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				This division clarifies the term "hunting license" as used in Iowa Code section
				483A.27 in relation to the
				hunter education course requirement, and explains the requirements for
				individuals who wish to demonstrate their knowledge of hunter education so as
				to be eligible to purchase an Iowa hunting license. For the purpose of this
				division, a hunting license, pursuant to Iowa Code sections 483A.1 and
				483A.24, includes:
a. Hunting licenses for legal residents
				except as otherwise provided.
b.
				Hunting licenses for nonresidents.
c. Hunting preserve licenses.
d. Free annual hunting and fishing licenses
				for persons who are disabled or are 65 years of age or older and qualify for
				low-income status as described in Iowa Code section 483A.24.
e. Veterans' hunting and fishing licenses as
				described in Iowa Code section
				483A.24.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.41 - Hunter Education Program

Current through Register Vol. 47, No. 3, July 24, 2024
This division clarifies the term "hunting license" as used in
				  Iowa Code section
				  483A.27
				  in relation to the hunter education course requirement, clarifies the need for
				  exhibiting a hunter education course certificate when applying for a deer or
				  wild turkey license, and explains the requirements for individuals who wish to
				  demonstrate their knowledge of hunter education so as to be eligible to
				  purchase an Iowa hunting license. For the purpose of this division, a hunting
				  license, pursuant to Iowa Code sections
				  483A.1 and
				  483A.24,
				  includes:
1. Hunting licenses for legal
				residents except as otherwise provided. (Iowa Code section
				483A.1(1)
				)
2. Hunting licenses for
				nonresidents. (Iowa Code section
				483A.1(2)
				)
3. Hunting preserve
				license.
4. Free annual hunting and
				fishing licenses for persons who are disabled or are 65 years of age or older
				and qualify for low-income status as defined in Iowa Code section
				483A.24.
5. Veteran's lifetime hunting and fishing
				license as defined in Iowa Code section
				483A.24.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.42 - Testing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General testing
				procedures.
a. Upon completion of
				the required curriculum, each person shall score a minimum of 75 percent on the
				written or oral test provided by the department and demonstrate safe handling
				of a firearm. Based on the results of the written or oral test and demonstrated
				firearm safe handling techniques as prescribed by the department, the volunteer
				instructor shall determine the persons who shall be issued a certificate of
				completion.
b. Notwithstanding
				paragraph 15.42(1)
"a"
above, a resident who is 18 years of age
				or older may obtain a certificate of completion without demonstrating the safe
				handling of a firearm.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.51 - Purpose and Use

Current through Register Vol. 47, No. 3, July 24, 2024
This rule is intended to help collect liabilities of the
				  state or a state agency. This rule shall apply to all licenses issued, renewed
				  or otherwise authorized by the department.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.52 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, the following definitions shall
				  apply:
"Certificate of noncompliance "
means a
				  document provided by the imit certifying the named person has outstanding
				  liability placed with the imit and has not entered into an approved payment
				  plan to pay the liability.
"Department"
means the department of natural
				  resources.
"Liability"
means a debt or obligation
				  placed with the unit for collection that is greater than $1,000. For purposes
				  of this chapter, "liability" does not include child support payments collected
				  pursuant to Iowa Code chapter 252J.
"License"
means a license, certification,
				  registration, permit, approval, renewal or other similar authorization issued
				  to a person by the department which evidences the admission to, or granting of
				  authority to engage in, a profession, occupation, business, industry, or
				  recreation, including those authorizations set out in Iowa Code chapters 321G,
				  3211, 455B, 455C, 455D, 456A, 459, 459A, 461A, 462A, 481A, 481B, 481C, 482,
				  483A, 484B and 484C.
"Licensee "
means a person to whom a license
				  has been issued by the department or who is seeking the issuance of a license
				  from the department.
"Notice of intent"
means a notice sent to a
				  licensee indicating the department's intent to suspend, revoke, or deny renewal
				  or issuance of a license.
"Obligor "
means a person with a liability
				  placed with the unit.
"Unit"
means the centralized collection unit
				  of the department of revenue or the college student aid commission.
"Withdrawal of a certificate of noncompliance
				  "
means a document provided by the unit certifying that the
				  certificate of noncompliance is withdrawn and that the department may proceed
				  with issuance, reinstatement, or renewal of a person's license.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.53 - Requirements of the Department

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Records.
The department
				shall collect and maintain records of its licensees that must include, at a
				minimum, the following:
a. The licensee's
				first and last names.
b. The
				licensee's current known address.
c. The licensee's social security number
The records shall be made available to the unit so that the
				  unit may match to the records the names of persons with any liabilities placed
				  with the unit for collections. The records must be submitted in an electronic
				  format and updated on a quarterly basis.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.54 - No Administrative Appeal of the Department's Action

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code sections
				  261.126
				  and
				  272D.8,
				  a person does not have a right to a hearing before the department to contest
				  the department's action under this rule, but may request a court hearing
				  pursuant to rule
				  571-15.55
				  (272D).
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.55 - District Court Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
A person may seek review of the actions listed in rule
				  701-153.14
				  (272D) and request a hearing before the district court by filing an application
				  with the district court in the county in which the majority of the liability
				  was incurred. The person must send a copy of the application to the imit by
				  regular mail. The application must be filed no later than 30 days after the
				  department issues its notice of intent.
(1)
Scheduling.
The clerk of
				the district court shall schedule a hearing and mail a copy of the scheduling
				order to the person, the unit, and the department.
(2)
Certification.
The unit
				shall certify a copy of its written decision and certificate of noncompliance,
				indicating the date of issuance, and the department shall certify a copy of the
				notice issued pursuant to subrule 15.53(3) to the court prior to the
				hearing.
(3)
Stay.
Upon receipt from the clerk of court of a copy of a scheduling order and prior
				to the hearing, the department shall stay any action contemplated on the
				person's license pursuant to the notice of intent.
(4)
Hearing.
The hearing on
				the person's application shall be scheduled and held within 30 days of the
				application being filed. However, if the person fails to appear at the
				scheduled hearing, the stay shall be lifted and the department shall continue
				its procedures pursuant to the notice of intent.
(5)
Scope ofreview.
The
				district court's review shall be limited to demonstration of the amount of the
				liability owed or the identity of the person.
(6)
Findings.
If the court
				finds the unit was in error either in issuing a certificate of noncompliance or
				in its failure to issue a withdrawal of a certificate of noncompliance, the
				unit shall issue a withdrawal of a certificate of noncompliance to the
				department. If the court finds the imit was justified in issuing a certificate
				of noncompliance or in not issuing a withdrawal of a certificate of
				noncompliance, a stay imposed under subrule 15.55(3) shall be lifted and the
				department shall proceed with the action as outlined in its notice of
				intent.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.2 - Scope of Division and Classes of Permits

Current through Register Vol. 47, No. 3, July 24, 2024
Permits are required for docks on all water bodies open to
				  the public for boating or other recreational uses. This division governs
				  permits for all types of docks except docks in dock management areas designated
				  by the department. Classes of permits are designated as follows: Class I
				  permits authorize standard private docks, other private docks in specified
				  areas, and docks permitted by the U.S. Army Corps of Engineers; Class II
				  permits authorize docks that are managed by governmental entities and extend
				  from shoreline property owned by those governmental entities; Class III permits
				  authorize nonstandard private docks; and Class IV permits authorize commercial
				  docks. A dock that involves placement of fill or construction of a permanent
				  structure in a state-owned public water body also requires a construction
				  permit issued under 571-Chapter 13. A dock issued a permit by the U.S. Army
				  Corps of Engineers, located on a water body managed by the U.S. Army Corps of
				  Engineers, does not require a state dock permit under this
				  chapter.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.4 - Class I Permits for Standard Private Docks

Current through Register Vol. 47, No. 3, July 24, 2024
This rule establishes criteria and procedures for Class I
				  permits for private docks qualifying as standard docks under criteria in this
				  rule and for certain other docks in areas listed in this rule.
(1)
Criteria for standard
				docks.
A Class I permit for a standard dock may authorize a total of
				one dock and up to two hoists serving one residence. It may authorize a common
				dock serving two or more residences located on adjoining shoreline properties.
				A common dock may include up to three hoists per shoreline property and be
				eligible for a Class I dock permit. The dock must extend from shoreline
				property on which one or more of the residences are located and must meet all
				of the following criteria:
a.
Dock
				length limits.
A dock on a natural lake may extend the greater of 100
				feet from the water's edge or far enough so that the outer 50 feet of the dock
				is in 3 feet of water up to a maximum of 300 feet from the water's edge. These
				lengths shall be measured from the water's edge when the dock is installed. A
				dock on an artificial lake or river may extend the lesser of 50 feet from the
				water's edge or one-fourth of the width of the waterway measured from the
				water's edge when the dock is installed. However, the department may give
				notice to a property owner that a shorter dock length is necessary to avoid
				interference with navigation or an adjoining property owner's access. The width
				of an "L" or "T" segment at the outer end of a dock is included in measuring
				the length of the dock.
b.
Width and configuration of docks on natural lakes.
A dock on a
				natural lake may have no more than one "L" or "T" segment. The total length of
				the "L" or "T" segment facing opposite from shore may not be greater than 20
				feet including the width of the dock. The total area of the "L" or "T" segment
				may not exceed 200 square feet. That part of the main dock forming the center
				of a "T" segment or an extension of an "L" segment is included in measuring the
				area of the "T" or "L" segment. No other part of the dock may be more than six
				feet wide. Catwalks shall be at least two feet wide and considered as part of
				the dock. Catwalks shall be limited in length as in an "L" or "T" segment of
				the dock construction and may not extend beyond the width of the hoist, except
				that a catwalk may be extended around the hoist for access to the
				hoist.
c.
Compliance with
				standard requirements.
The dock and associated hoists must comply with
				the standard requirements in rule
				571-16.3 (461A,462A) for all
				docks.
d.
Other structures
				not authorized.
A Class I permit does not authorize placement of any
				other anchored or floating structure, such as a swim raft.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.5 - Class Ii Permits for Docks Authorized by Governmental Entities That Own or Otherwise Control Shoreline Property

Current through Register Vol. 47, No. 3, July 24, 2024
This rule authorizes issuance of a Class II dock permit to a
				  governmental entity for docks authorized by that entity to extend from public
				  land owned or controlled by the entity. A Class II permit may include all docks
				  and hoists authorized by a governmental entity on one water body. The Class II
				  dock permit shall require that all docks comply with the standard requirements
				  in rule 571-16.3 (461A,462A). Class II
				  permits may include exceptions as needed to provide continuing authorization
				  for docks and hoists that were lawfully installed and maintained before the
				  effective date of certain requirements as set forth in this rule. A dock on a
				  natural lake may extend the greater of 100 feet from the water's edge or far
				  enough so that the outer 80 feet of the dock is in 3 feet of water up to a
				  maximum of 300 feet from the water's edge. These lengths shall be measured from
				  the water's edge when the dock is installed. The governmental entity
				  authorizing maintenance of a dock and boat hoists shall be responsible for
				  enforcing the standard requirements and length limit. The department reserves
				  authority to determine whether the requirements of rule
				  571-16.3 (461A,462A) and the
				  length limit are met upon complaint of a person who claims that a public or
				  private right is adversely affected by a permitted dock. If the department
				  determines that a dock or hoist must be moved or removed from the water body
				  because of an adverse effect, the department shall issue an administrative
				  order to the governmental entity that is authorizing maintenance or use of the
				  dock and to the person who is maintaining or using the dock. Issuance of the
				  administrative order shall trigger a right of the governmental entity and the
				  affected person to a contested case. If shoreline property is public land but
				  there is uncertainty concerning the relationship between the authority of the
				  governmental entity and the authority of the department, the Class II permit
				  shall include a recital concerning the relative authorities of the department
				  and the permittee. Class II permits are issued without fee and are valid until
				  a classification change is made.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.6 - Class Iii Permits for Nonstandard Private Docks

Current through Register Vol. 47, No. 3, July 24, 2024
All private docks that are not authorized by Class I or Class
				  II permits shall require a Class III dock permit. In determining whether to
				  issue a Class III permit for a private dock or to condition the permit by
				  denying an application in part, the department shall apply the following
				  criteria:
(1) A Class III private dock
				permit shall require docks or hoists to be in compliance with requirements in
				rule 571-16.3 (461A,462A), except as
				provided in rule 571-16.8(461A,462A).
(2) An individual private dock on a natural
				lake may be permitted by a Class III permit to extend 100 feet from the water's
				edge or far enough so that the outer 80 feet of the dock is in 3 feet of water
				when the dock is installed. These lengths shall be measured from the water's
				edge when the dock is installed. If the water level declines after
				installation, additional segments may be installed during the season as needed
				to maintain 80 feet of dock in 3 feet of water, up to a maximum length of 300
				feet from the water's edge. However, the department may give notice to a
				permittee that a shorter dock length is required to avoid interference with
				navigation or an adjoining property owner's access. The maximum permitted
				length of an individual private dock on an artificial lake or river is the
				lesser of 50 feet from the water's edge or one-fourth of the width of the
				waterway measured from the water's edge at normal water levels. The width of an
				"L" or "T" segment at the outer end of a dock is included in measuring the
				length of the dock.
(3) The maximum
				number of hoists authorized by a Class III permit for an individual private
				dock is one hoist for every 10 feet of shoreline.
(4) A Class III permit for an individual
				private dock on a natural lake may not authorize "L" or "T" segments containing
				more than a total of 240 square feet including the area of the adjoining parts
				of the main dock.
(5) An individual
				private dock may be exempted by permit condition from the winter removal
				requirement in appropriate circumstances under criteria in rule
				571-16.12 (461A,462A).
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.7 - Class Iv Permits for Commercial Docks

Current through Register Vol. 47, No. 3, July 24, 2024
In determining whether to issue a Class IV permit for a
				  commercial dock or to condition the permit by denying an application in part,
				  the department shall apply the following criteria:
(1) A Class IV permit shall require docks or
				hoists to be in compliance with requirements in rule
				571-16.3 (461A,462A), except as
				provided in rule 571-16.8 (461A,462A). Greater
				offsets may be required for new commercial docks or hoists if needed to
				minimize boat traffic and congestion that spills over in front of other
				shoreline property not owned or controlled by the applicant.
(2) A commercial dock on a natural lake may
				be permitted to extend a maximum of 300 feet from the water's edge. However,
				the applicant must provide justification for a length greater than 150 feet and
				demonstrate that there are no appropriate alternatives available.
(3) The maximum number of hoists or slips
				authorized by a permit for a commercial dock is one hoist or slip for every ten
				feet of shoreline. This limit shall not apply where a business operated on the
				shoreline property primarily involves boat sales, rentals, storage, or other
				boat services. In calculating the hoist limit, courtesy hoists shall not be
				counted if they are provided without charge to boaters to temporarily moor
				their boats while they go ashore to access services at a business on the
				shoreline property.
(4) A permit
				for a commercial dock shall not be issued or the permit will include
				restrictions as needed to prevent uses of the dock that would be incompatible
				with zoning of the shoreline property from which the dock extends (including
				special use exceptions or variances recognized by the local governing body).
				However, a change in local zoning ordinance or termination of a local variance
				or special use exception shall not automatically be a ground for the department
				to revoke or refuse to renew a dock permit.
(5) Authorization for roofs or sides on
				commercial docks or slips may be restricted as needed to minimize adverse
				visual impact on owners of other property and the public.
(6) Each mooring site (slip) shall be marked
				by an identifying number or letter, in block style at least 3 inches high, of
				contrasting color, and located uniformly near the vessel's bow.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.8 - Exceptions for Renewal of Class Iii and Class Iv Permits for Existing Docks

Current through Register Vol. 47, No. 3, July 24, 2024
This rule provides certain exceptions to length limits, hoist
				  limits and platform size limits for docks and hoists that lawfully existed
				  before the effective date of the limits. Criteria for exceptions to offset
				  requirements are separately listed in subrule 16.8(2). Exceptions under this
				  this rule are granted at the discretion of the department.
(1) Class III and Class IV permits shall
				include exceptions as needed to provide continuing authorization for docks and
				hoists that were lawfully installed and maintained before the effective date of
				certain requirements as set forth in this rule. Permits shall include
				exceptions to the length limits in subrules 16.6(2) and 16.7(2) for docks up to
				300 feet long that were lawfully installed and maintained before the effective
				date of the length limits. Permits shall include exceptions to the hoist limit
				in subrules 16.6(3) and 16.7(3), and to the platform size limit in subrule
				16.6(4) for docks and hoists that were lawfully installed and maintained before
				the effective date of the limits. Any exceptions granted for such docks will
				expire upon sale or transfer of the property.
(2) An exception to the offset requirements
				in subrule 16.3(3) shall be granted if the applicant can satisfy all three of
				the following criteria:
a. The lack of offset
				on one side of the property is compensated for by a larger offset on the other
				side of the property;
b. The
				applicant provides the department with a copy of the written consent of each
				affected adjoining property owner or an affidavit attesting that the affected
				adjacent property owner named in the affidavit has verbally given the applicant
				consent for the requested exception, or provides adequate documentation that
				the adjoining shoreline parcel is burdened by restrictive covenants, easements,
				or other valid use restrictions that impose on the owner of the parcel an
				obligation to tolerate docks and hoists that would otherwise violate the offset
				or gap requirements in subrule 16.3(3); and
c. The applicant demonstrates that no other
				dock or hoist configuration is physically practical.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.9 - Initial Decision and Right of Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
The decision on an application for a Class II, Class III or
				  Class IV permit shall be provided in writing and may grant the permit, grant
				  the permit with specific conditions, or deny the permit. If the decision is to
				  deny the permit or to issue a permit with specific conditions that deny the
				  application in part, the written decision shall include notice of the
				  applicant's right to request a contested case under 571-Chapter 7. An
				  applicant's request for a contested case may include a request for a waiver
				  under the provisions of Iowa Code section
				  17A.9A and 571-Chapter
				  11.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.10 - Application and Administrative Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The applicant for a Class II, Class III
				or Class IV permit shall apply via the department's website. If the applicant
				for a Class III or Class IV permit is not the owner of the shoreline property
				from which the dock extends, the applicant shall identify the contractual
				relationship between the applicant and each property owner and shall submit as
				part of the application the written consent from each owner. The application
				shall be accompanied by plans and drawings that accurately show the size and
				location of each boat hoist, slip, platform, catwalk, buoy, or other structure
				to be maintained in front of the shoreline property. Docks in front of
				nonadjoining shoreline properties on the same water body owned by the same
				person or legal entity may be included in one application. An application for
				renewal of a permit for an existing dock and hoists must specifically describe
				each requested modification. The applicant shall submit an administrative fee
				with the application. The application will be assigned to a conservation
				officer to investigate.
(2) The
				Class III permit application fee shall be $125 for one or more individual
				private docks. The Class IV permit application fee shall be $250 for one or
				more commercial docks. A Class III permittee shall pay an annual administrative
				fee of $50 for each hoist or slip in excess of a total of four hoists or slips.
				A Class IV permittee shall pay an annual administrative fee of $50 for each
				hoist or slip in excess of a total of six hoists or slips, except for each
				hoist or slip designated in the permit as courtesy mooring for customers and
				affixed with a sign identifying it as a courtesy hoist or slip. The hoist/slip
				fee is due on March 1 of each year or whenever a permit is modified by adding a
				hoist or slip. Any fees owed to the department shall be paid in full prior to
				the installation of any portion of an individual private dock or commercial
				dock and before a boat is placed in a hoist or slip. The department may waive
				the permit application fee if the application is for a minor modification of an
				existing permit without an extension of the term of the permit.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.12 - Exemptions From Winter Removal Requirement

Current through Register Vol. 47, No. 3, July 24, 2024
This rule provides for exemptions from the general
				  requirement in Iowa Code section
				  462A.27 that nonpermanent
				  structures be removed on or before December 15 of each year. Docks and other
				  structures subject to destruction or damage by ice movement must be removed.
				  Where a dock may be left in ice without damage to the dock, it must have
				  reflective material visible from all directions to operators of snowmobiles,
				  other motorized machines, or wind-propelled vessels lawfully operated on the
				  frozen surface of the water body. Generally, ice damage is greatest on Iowa's
				  rivers and natural lakes. Docks must be removed by December 15 of each year
				  unless they have the required reflective materials and are specifically
				  exempted by a condition of a dock permit or are located in one of the areas
				  listed as follows: artificial lakes; Upper Gar Lake; canals off West Okoboji
				  Lake; Okoboji Harbor; Lazy Lagoon portion of Triboji dock management area;
				  Smith's Bay on West Okoboji Lake; area between the trestle and U.S. Highway 71
				  bridges on Okoboji lakes; Templar Park on Big Spirit Lake; Venetian Village
				  Canal and Harbourage Inlet on Clear Lake; Casino Bay of Storm Lake; Black Hawk
				  Marina at Black Hawk Lake; and canals off Lake Manawa and Carter Lake. A permit
				  shall not authorize an exception from the winter removal requirement unless the
				  applicant provides adequate documentation that the dock will not be damaged by
				  normal ice movement.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.13 - General Conditions of All Dock Permits

Current through Register Vol. 47, No. 3, July 24, 2024
All dock permits, unless specifically excepted by another
				  provision of this chapter, shall include the following conditions of
				  approval:
(1) The permit creates no
				interests, personal or real, in the real estate below the ordinary high-water
				mark nor does it relieve the requirement to obtain federal or local
				authorization when required by law for such activity. The permit does not
				authorize the permittee to prevent the public from using areas of the water
				body adjacent to the permitted structure. However, a lawfully permitted private
				dock or commercial dock is property of the permittee. Use of the dock is
				reserved to the permittee and the permittee's invitees, subject to the public
				right of passage stated in subrule 16.3(2).
(2) A permit is valid only while the
				permittee has the necessary permissions to use the adjoining shoreline property
				from which the dock projects.
(3)
				The permittee shall not charge a fee for use of the dock or associated
				structure unless: the permit is for a commercial dock; the fee is expressly
				authorized by the permit; or the permittee is a homeowners association and the
				fee is for recovery of expenses incurred in providing access to association
				members.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.14 - Permit Criteria for Rafts, Platforms, or Other Structures

Current through Register Vol. 47, No. 3, July 24, 2024
A raft, platform, or other structure maintained on a public
				  water body requires authorization in a permit. The raft, platform, or other
				  structure may not be placed more than 250 feet from the shoreline, shall be
				  equipped with reflectors that are visible from approaching boats, and shall be
				  subject to the winter removal requirement unless specifically exempted by the
				  permit.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.15 - Designation or Modification of Dock Management Areas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purposes and status of dock
				management areas.
The director may designate an area of public land
				under the commission's jurisdiction and adjoining water as a dock management
				area. The primary purpose of dock management areas is to accommodate requests
				for boating access from owners of properties that are close to a water body but
				do not include riparian or littoral property rights. Dock permittees have
				priority use of the docks for mooring of vessels. However, the docks may be
				used by members of the public at their own risk for fishing and emergency
				mooring when public use does not interfere with the permittee's use. Other uses
				allowed by the permittee shall be the responsibility of the
				permittee.
(2)
Criteria for
				designation or enlargement.
In designating a dock management area or
				authorizing enlargement of an existing dock management area, the director shall
				apply the following criteria:
a. The shoreline
				property in question shall be public land and shall have been developed and
				managed for recreational access to water or determined by the department to be
				suitable for such access.
b. The
				establishment or enlargement of a dock management area shall not adversely
				affect other public recreational use of the water body.
c. A dock management area shall not be
				established or enlarged where depth or bottom configuration is incompatible
				with the placement of docks.
d. A
				dock management area shall not be established or enlarged where fish and
				wildlife habitat, other natural resources or scenic features would be disturbed
				by the presence of docks.
e.
				Documentation of need for a new or larger dock management area and the lack of
				adverse impacts of the proposal must be sufficient to clearly outweigh and
				overcome a presumption against increasing the number or size of dock management
				areas.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.17 - Standard Requirements for Dock Management Area Docks

Current through Register Vol. 47, No. 3, July 24, 2024
Docks in dock management areas shall conform to the following
				  requirements:
(1)
Occupancy of
				docks.
At least two residences shall share a dock. The department may
				require that more residences share a dock if there is a waiting list including
				people in the first or second priority categories established in rule
				571-16.16 (461A). A maximum of
				six residences shall share a dock.
(2)
Spacing and alignment.
Dock sites where feasible shall be at least 50 feet apart.
(3)
Dimensions.
a.
Length.
A dock may extend
				the greater of 100 feet from the water's edge or far enough so that the outer
				80 feet of the dock is in 3 feet of water up to a maximum of 300 feet, but the
				dock shall be no longer than the length for which the applicant provides
				justification, and the length shall be stated in the permit.
b.
Width.
Docks shall be at
				least four feet wide and no more than six feet wide.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.19 - Fees for Docks in Dock Management Areas

Current through Register Vol. 47, No. 3, July 24, 2024
Payment of the annual dock site permit fee shall be made upon
				  application. Payment of the annual hoist or slip fee shall be made upon
				  application for the hoist or slip assignment. These fees may be paid in a lump
				  sum in advance for the term of the permit or assignment. Failure to pay the
				  annual fee by April 1 of any year may result in revocation or cancellation of
				  the permit or assignment. Payment of any dock management area fee under this
				  rule shall be made to the department of natural resources as specified in the
				  permit. Annual fees are as follows:
Dock Fee
Hoist Fee
Beed's Lake
$100
$50
Black Hawk Lake Marina
$200
$50
Black Hawk Lake/Denison
$200
$50
Black Hawk North Shore
$200
$50
Blue Lake
$100
$50
Clear Lake Ventura Heights
$250
$50
Clear Lake Harbourage
$600
$100 - hoist or slip fee
Clear Lake North Shore
$250
$50
East Okoboji Beach
$250
$50
Triboji Lakeshore
$250
$50
Triboji Lazy Lagoon
$250
$50 - hoist or slip fee
Pillsbury Point
$250
$50
Lower Pine Lake
$100
$50
Lake Macbride The Pines
$600
$100 - slip fee
Lake Macbride Lakecrest
$600
$100 - slip fee
Rice Lake
$100
$50
Union Grove
$100
$50
Lake Odessa
$100
$25
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.20 - Suspension, Modification or Revocation of Dock Management Area Permits

Current through Register Vol. 47, No. 3, July 24, 2024
A dock management area permit may be modified, suspended, or
				  revoked, in whole or in part, by written notice, if the director determines
				  that the dock is not safe, that a violation of any terms or conditions of the
				  permit or these rules has occurred, or that continuation of the permit is not
				  in the public interest. Such modification, suspension, or revocation shall
				  become effective upon a date specified in the notice. The notice shall state
				  the extent of the modification, suspension, or revocation, the reasons for the
				  action, and any corrective or preventative measures to be taken by the
				  permittee to bring the dock, structure, or activity into compliance. Within 30
				  days following receipt of the notice of a revocation or modification, or during
				  the course of a suspension, the permittee may file a notice of appeal,
				  requesting a contested case pursuant to 571-Chapter 7. The notice of appeal
				  shall specify the basis for requesting that the permit be
				  reinstated.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.21 - Persons Affected by Dma Permit-hearing Request

Current through Register Vol. 47, No. 3, July 24, 2024
Any person who claims that riparian or littoral property
				  rights are adversely affected by a DMA dock site permit may request, in
				  writing, a hearing to reconsider the permit. Requests for hearings shall show
				  cause and shall be made in accordance with procedures described in 571-Chapter
				  7.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.25 - Designation or Modification of Dock Management Areas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purposes and status of dock management areas.
The director may
				designate an area of public land under the commission's jurisdiction and
				adjoining water as a dock management area. The primary purpose of dock
				management areas is to accommodate requests for boating access from owners of
				properties that are close to a water body but do not include riparian or
				littoral property rights. Dock permittees have priority use of the docks for
				mooring of vessels. However, the docks may be used by members of the public at
				their own risk for fishing and emergency mooring when public use does not
				interfere with the permittee's use. Other uses allowed by the permittee shall
				be the responsibility of the permittee. The department intends to authorize
				continuation of all dock management areas existing on June 1,2006, unless
				changed circumstances require changes in the size of an existing dock
				management area.
(2)
Criteria for designation or enlargement.
In designating a dock
				management area or authorizing enlargement of an existing dock management area,
				the director shall apply the following criteria:
a. The shoreline property in question shall
				be public land and shall have been developed and managed for recreational
				access to water or determined by the department to be suitable for such
				access.
b. The establishment or
				enlargement of a dock management area shall not adversely affect other public
				recreational use of the water body.
c.A dock management area shall not be
				established or enlarged where depth or bottom configuration is incompatible
				with the placement of docks.
d.A
				dock management area shall not be established or enlarged where fish and
				wildlife habitat, other natural resources or scenic features would be disturbed
				by the presence of docks.
e.
				Documentation of need for a new or larger dock management area and the lack of
				adverse impacts of the proposal must be sufficient to clearly outweigh and
				overcome a presumption against increasing the number or size of dock management
				areas.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.26 - Procedures and Policies for Dock Site Permits and Hoist or Slip Assignments in Dock Management Areas

Current through Register Vol. 47, No. 3, July 24, 2024
A dock site permit authorizes a person to install and
				  maintain a dock in a designated dock management area. Each permit shall
				  identify the number of hoists or slips to be included for storage of boats at
				  the dock. A separate hoist or slip assignment will be issued for each hoist or
				  slip space at the dock. For purposes of these dock management area rules,
				  "permittee" means the person(s) to whom a dock site permit is issued and the
				  person(s) to whom each hoist or slip assignment is issued. Application forms
				  for dock site permits and hoist or slip assignments in a dock management area
				  shall be made available at a nearby DNR office. Dock site permits and hoist or
				  slip assignments shall be available to all members of the public through a
				  selection process. Selection shall be based on the following order of
				  priorities, and a waiting list shall be established that follows the same order
				  of priorities. First priority is for owners of residences adjoining or
				  immediately across a street from the public land; second priority is for owners
				  of other residences within the housing association or subdivision adjoining or
				  immediately across a street from the public land; third priority is for all
				  other Iowa residents; fourth priority is for nonresidents. The order of
				  priorities, changes in the number of residential units per dock site, and
				  changes in the number of vessels per residential unit will be made effective as
				  existing permits expire. For purposes of these dock management area rules,
				  "residence" means a single residential living unit, which may be a rental unit.
				  Notwithstanding these priorities, if property in the first or second priority
				  category is redeveloped with higher density residential living units, there is
				  no assurance that dock, hoist or slip space will be available to accommodate
				  such increased density before other property included in the first or second
				  priority categories.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.27 - Standard Requirements for Dock Management Area Docks

Current through Register Vol. 47, No. 3, July 24, 2024
Docks in dock management areas shall conform to the following
				  requirements:
(1)
Occupancy of
				docks.
At least two residences shall share a dock. The department may
				require that more residences share a dock if there is a waiting list including
				people in the first or second priority categories established in 16.26(461A). A
				maximum of six residences shall share a dock.
(2)
Spacing and alignment.
Dock sites where feasible shall be at least 50 feet apart.
(3)
Dimensions.
a.
Length
A dock may extend
				the greater of 100 feet from the water's edge or far enough so that the outer
				80 feet of the dock is in 3 feet of water up to amaximum of 300 feet, but the
				dock shall be no longer than the length for which the applicant provides
				justification, and the length shall be stated in the permit.
b.
Width.
Docks shall be at
				least 4 feet wide and no more than 6 feet wide.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.28 - Dock Management Area Permit Restrictions and Conditions

Current through Register Vol. 47, No. 3, July 24, 2024
The following conditions and restrictions shall apply to
				  docks in a dock management area.
(1)
Use of dock for mooring.
Only the persons named as permittees
				shall have use of the dock for mooring. All vessels must be registered to the
				permittees and listed on the dock management area permit. A dock site permit or
				hoist/slip assignment may authorize an exception to allow a vessel of a tenant
				of the permittee's residential rental unit.
(2)
Equitable sharing of dock
				costs.
Permittees shall agree on the equitable sharing of the cost of
				construction, installation, maintenance and removal of the dock and any other
				component of the dock.
(3)
Number of assignments allowed.
Only one dock assignment may be
				allocated to a residence.
(4)
Number of hoists allowed.
Each permittee may be limited to one
				hoist for one vessel. The number of hoists and vessels for each permittee
				should be limited, especially when there is a waiting list that includes people
				in the first or second priority category established in 16.26(461A).
(5)
Nontransferability of dock
				permits and privileges.
Dock permits and hoist or slip assignments
				shall not be transferred, assigned or conveyed by the permittee to any other
				person.
(6)
Liability
				insurance.
Prior to constructing a dock or installing hoists, the dock
				site permittee shall provide proof of a current liability insurance policy in
				the amount of $1 million.
(7)
Winter storage of docks, catwalks and hoists on public
				property.
Winter storage of docks, catwalks and hoists on public
				property shall not be allowed unless specifically authorized by a dock site
				permit or hoist assignment. Docks, hoists and catwalks shall be stored at
				locations determined by the state parks bureau district supervisor as
				appropriate for an individual dock management area. A dock, catwalk or hoist
				stored on public land without authorization from the department may be removed
				by the department at the owner's expense.
(8)
Land use restrictions.
Nothing shall be constructed or placed on public land adjacent to any dock in a
				dock management area under this rule unless the construction or placement is a
				necessary appurtenance to the dock as determined by the director
(9)
Expiration of permits.
The term of a dock site permit and a hoist or slip assignment shall not exceed
				five years. Renewals shall be requested on a current application
				form.
(10)
Cancellation for
				nonuse. A
dock site permit or hoist/slip assignment may be canceled
				for nonuse in order to provide space for applicants on a waiting
				list.
(11)
Other permit
				restrictions and conditions.
All restrictions and conditions in
				16.19(461A,462A), except subrule 16.19(2), shall apply to all docks in a dock
				management area.