Iowa Code r. 571-16.13 - General conditions of all dock permits

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.

Notes

Iowa Code r. 571-16.13

ARC 7894C, IAB 5/1/24, effective 6/5/24

Adopted by IAB May 1, 2024/Volume XLVI, Number 22, effective 6/5/2024