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 571-16.11 - Duration and Transferability of Permits; Refund of Application Fees; Suspension, Modification, or Revocation of Permits; Complaint Investigation; Property Line Location

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Duration and transferability of dock permits; administrative fee
				refunds.
With the exception of Class I dock permits, each dock permit
				shall be issued for a term of five years unless a shorter term is needed due to
				specified circumstances. The administrative fee paid with an application is
				nonrefundable unless the application is withdrawn before the department incurs
				administrative expense in investigating the application. A dock permit is
				transferable to a new owner of the shoreline property upon request to the
				department by the new owner; however, if the permit contains exceptions
				pursuant to rule 571-16.8 (461A,462A), those
				exceptions shall expire upon transfer, and the new owner shall immediately
				bring the dock into compliance with all current rules.
(2)
Suspension, modification, or
				revocation of permits.
A dock permit may be modified, suspended, or
				revoked, in whole or in part, by written notice served in compliance with Iowa
				Code section 17A.18, if the director
				determines that the dock is a hazard to other users of the water body, that a
				violation of any terms or conditions of the permit has occurred, or that
				continuation of the permit is contrary to the public interest. Such
				modification, suspension, or revocation is 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
				request a hearing in order to present information demonstrating that the
				alleged violation did not occur or that required corrective and preventative
				measures have been taken, or to present any other information relevant to a
				decision as to whether the permit should be reinstated, modified, or revoked.
				The hearing shall be conducted as prescribed by 571-Chapter 7. After completion
				of the hearing, a final decision will be made concerning the status of the
				permit. In the event that no hearing is requested, notices of modification and
				revocation shall remain in effect, and suspended permits shall be reinstated,
				modified, or revoked. These procedures are not intended to limit the authority
				of a department law enforcement officer to issue a citation for a violation of
				a provision of Iowa Code chapter 461A or 462A, or a provision in this
				chapter.
(3)
Investigation
				of complaints.
Any person adversely affected by a permitted dock or
				associated boat hoist may request, in writing, an investigation and a hearing
				to reconsider the permit. Requests for hearings shall specify adverse effects
				on the complainant and shall be made in accordance with procedures described in
				571-Chapter 7.
(4)
Determining property boundaries.
An applicant for a permit, a
				permittee, and an owner of shoreline property adjoining property of an
				applicant or permittee are responsible for determining the accurate location of
				common boundaries of their respective properties.