(1) The Executive Director of the Wildlife
Resources Agency is authorized to permit the construction, maintenance and
operation of facilities on lands under the jurisdiction of the Agency deemed
necessary for the best utilization of Reelfoot Lake in the public interest,
such facilities or developments to include, but not limited to, boat docks,
fishing piers, camp sites, trailer camps, picnic areas, hotels, motels,
restaurants, fish markets and other retail stores.
(2) The Executive Director is authorized to
grant leases of lands for a period of twenty (20) years or less upon terms
hereinafter described and for such purposes he may deem reasonable in the
public interest. The said leases may contain a provision giving the leasee the
option of renewing the said lease upon the terms hereinafter described and
conditions and for the same term.
(3) The leaseholds may be sold provided that
the same has been approved by the Executive Director, the Governor and Attorney
General, but a sale made without their approval shall be void.
(4) The Executive Director shall approve the
plans and specifications prior to the construction of any facility or
improvement on state lands at Reelfoot Lake under the jurisdiction of the
Agency and such authorization shall be evidenced by written supplements to said
leases. A performance bond will be posted with the Director prior to the
construction of any commercial structure. The bond shall be returned to the
lessee upon satisfaction of the terms and specifications of the lease. The
total value of the bond shall be forfeited to the Agency, if the terms of the
lease are not satisfied.
Executive Director is authorized to move any person or persons, at any time
from any of the islands, or other lands on Reelfoot Lake belonging to the State
who fail to observe the laws, rules and regulations governing the islands or
waters of the lake or who violates any of the provisions of any agreement or
lease entered into with the Executive Director.
The Executive Director is authorized to
grant leases or use permits for use of the lake shore frontage, lake surface
rights, and land under jurisdiction of the Agency at Reelfoot Lake under the
(a) Leases of land
shall be granted for lake shore frontage and for land under the jurisdiction of
the Agency in accordance with the requirements of applicable law.
(b) Excavating chutes, inlets, or ditches
from the lake proper across the State line or into State land is prohibited
except when specifically authorized by the Executive Director. Such excavation
or digging will only be authorized in the term of a lease or an amendment to a
lease by the party requesting authority to accomplish such excavation. Waters
contained or impounded in that portion of such chutes or excavations lying
within the State property line will be considered as an extension of the lake
and structures built thereon or over same will be considered as being built
over or upon the surface of the lake.
(c) Leases, permits or authority for
excavations or structures will not be granted where same will deny access by
the general public to State lands or shore lines not under lease to private
individuals, or will deny access to other leaseholds, other permitted
structures or other structures not requiring permit.
On or after January 1, 1989, permits
shall be obtained for all facilities or structures, or portions thereof,
located on or over Reelfoot Lake waters in which the State possesses a legal
interest or has legal control whether said facilities or structures are
attached to the land under the water, or not, under the following conditions:
1. For facilities or structures in existence
on January 1, 1989, and under lease, a permit shall be obtained upon expiration
of the lease; and,
facilities or structures to be constructed on or after January 1, 1989, the
permit shall be obtained prior to construction.
Multiple facilities and structures shall be permitted as a
unit for each lessee or landowner for use in connection with the land leased or
owned; that is, in the event a lessee or landowner has more than one facility
or structure for use in connection with the land leased or owned, only one
permit will be required which will include all facilities and structures as a
unit. Approval of additional facilities and structures will be required and
will be incorporated into the existing permit.
Permits shall not be required for facilities or structures
located entirely on or over privately owned lands where the lands are normally
covered with water. The maximum width of docks or piers shall not exceed ten
feet unless authorized by the executive director.
(e) Applications for permits shall be made on
forms approved by the executive director. Applicants shall agree to and shall
meet and abide by the terms and conditions as contained in the application
prior to approval and issuance of the permit. Submission of the application
shall be accompanied by an annual fee. The annual fee for structures and
facilities used for commercial purposes or in connection with commercial
enterprises shall be $50.00. The annual fee for structures or facilities used
in connection with non-commercial holdings shall be $20.00. Noncommercial
holdings are those holdings where the major use of the adjoining private
property is residential. In the event the private property owner, his lessee,
assign, employee, agent or person in charge is engaged in a business or
activity on the property for which he is assessed a commercial property tax as
reflected on the rolls of the assessor of property for the appropriate county
on the issuance or anniversary date of the permit, then the major use of the
property shall be considered commercial for permit purposes.
(f) The executive director shall issue a
permit upon approval of the application. Permits shall expire one year from the
date of issuance of same.
Permits may be renewed by written request to the executive director accompanied
by the annual fee.
The payment of fees charged for facilities leased or permitted at Reelfoot Lake
shall be payable on the anniversary date of the lease or permit. Fees not paid
within 30 days after the anniversary date of the lease or permit will result in
the cancellation of the lease or permit. The Executive Director shall be in
receipt of the annual payment of the lease or permit on or before the effective
date of the lease or permit.
The following described lands shall not be subject to lease, permit or any use
other than for hunting and fishing.
That portion of the Reelfoot Lake area known as the State
Wildlife Management Area from Champey Pocket north to where the State fence
intersects Bayou Du Chein. Those portions of land under jurisdiction of the
Agency adjacent to the U. S. Fish and Wildlife Service Refuge and not under
The purpose of excluding these lands is to preserve the
natural character of Reelfoot Lake, prevent undue harassment to waterfowl and
other wildlife and allow a great freedom for hunters to use the lake as a
facility constructed by a leasee or permittee on state property at Reelfoot
Lake becomes the property of the Agency upon expiration of the lease or permit
or upon cancellation of the lease or permit for reasonable cause.
(10) The provisions of these rules and
regulations shall be effective upon date of publication except that the terms
of leases now in effect shall continue under their present terms until their
date of expiration and at which time these rules and regulations become
effective. Leases that have temporarily elapsed for administrative purposes may
be renewed upon payment of the elapsed amount due and accruable to July 1,
1959, at the rates in effect at the time leases elapsed, thereafter to be
renewed under the terms of these rules and regulations.
(11) Provisions for private or commercial
buildings including attachments thereto either totally or partially located on
State property under jurisdiction of the Agency at Reelfoot Lake not under
lease-the owner of such structure, if the structure meets specifications, must
lease the land on which he encroaches from his property line to the water's
edge under terms of Paragraph (6) preceding, or remove the structure from said
(12) No lease or
permit shall be granted for the purpose of mooring houseboats to the shores of
Reelfoot Lake nor shall the anchoring of houseboats in the waters of Reelfoot
Lake be permitted.