The division may issue Special Use Leases for terms of one to
51 years, and General Permits for terms of one to 30 years for surface uses,
excluding grazing uses on sovereign lands. Grazing permits and mineral leases
are considered separately under the range resource management rules and the
mineral lease rules. Easement terms and conditions shall be prescribed in the
particular easement document. Any lease, permit, or easement, issued by the
division on sovereign lands, is subject to a public trust; and any lease,
permit, or easement may be revoked at any time if necessary to fulfill public
trust responsibilities.
1. Special Use
Leases: Uses may include the following:
(a)
Commercial: Income producing uses such as marinas, recreation piers or
facilities, docks, moorings, restaurants, or gas service facilities.
(b) Industrial: Uses such as oil terminals,
piers, wharves, mooring.
(c)
Agricultural/Aquacultural: Any use which utilizes the bed of a navigable lake
or stream to grow or harvest any plant or animal.
(d) Private Uses: Non-income producing uses
such as piers, buoys, boathouses, docks, water-ski facilities, houseboats,
moorings, not qualifying for a general permit under
R652-70-300(2)(c).
2. General Permit: Uses may
include the following:
(a) Public agency uses
such as public roads, bridges, recreation areas, or wildlife refuges having a
statewide public benefit.
(b)
Public agency protective structures such as dikes, breakwaters and flood
control workings.
(c) Private
recreational uses such as any facility for the launching, docking or mooring of
boats which is constructed for the use of the adjacent upland owner.
(d) Irrigation pumps or irrigation pump
structures installed for the use of the adjacent upland owner, or with written
permission from the adjacent upland owner.
3. Easements: Applications for easements not
meeting the criteria of
R652-70-300(2)
shall follow the rules and procedures outlined in the division's rules
governing the issuance of easements.
