301 KAR 1:016. Use of public lands and waters at department-owned lakes.

 

      RELATES TO: KRS 150.025, 150.090, 150.620, 150.625, 150.640

      STATUTORY AUTHORITY: KRS 150.025(1), 150.620

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.620 authorizes the department to promulgate administrative regulations governing the use of lands and waters it has acquired for wildlife management and public recreation. This administrative regulation governs private boat docks on department-owned property, the use of lake water for domestic purposes and permitted and prohibited activities on department-owned and controlled land surrounding department-owned waters.

 

      Section 1. Definitions. (1) "Adjacent property owner" means the owner of real property that shares a common boundary with department property.

      (2) "Boat dock" means a privately owned floating or fixed structure in a lake owned, leased or otherwise controlled by the department.

      (3) "Department property" means lands or waters owned, leased or otherwise controlled by the department at the public fishing lakes listed in Section 2 of this administrative regulation.

      (4) "Enclosed superstructure" means a roofed structure with solid, glass, screen or similar walls, but does not include dock boxes and similar storage containers less than four (4) feet high.

      (5) "Normal pool" means a water level equal to the elevation of the lake's principal spillway.

 

      Section 2. Boat Dock Permits. (1) An adjacent property owner may construct a boat dock on department property if his property:

      (a) Would be lake-front property if not for the intervening department property;

      (b) Shares at least a fifty (50) foot boundary with department property; and

      (c) Is located at one (1) of the following lakes:

      1. Beaver;

      2. Boltz;

      3. Carpenter;

      4. Corinth;

      5. Elmer Davis;

      6. Guist Creek;

      7. Kincaid;

      8. Kingfisher; or

      9. Malone.

      (2) A boat dock permit:

      (a) Shall entitle the holder to construct one (1) boat dock meeting the specifications described in Section 4 of this administrative regulation.

      (b) Shall be renewed every ten (10) years within ninety (90) days of the termination date by:

      1. Paying the fee as specified in 301 KAR 3:022; and

      2. Submitting an affidavit that an unauthorized addition or modification has not been made to the dock or walkway.

      (c) Shall not give the permitted dock owners the ability to rent, lease, or license to another individual or use the dock for purposes other than mooring of the permittee’s boat;

      (d) Shall be transferable at no additional cost, if ownership changes, for the remainder of the ten (10) year period; and

      (e) Shall not be renewed if the boat dock is out of compliance.

      (3) A person who owns multiple contiguous properties adjacent to department property shall:

      (a) Not be issued more boat dock permits than the number of dwellings on those properties; and

      (b) Be entitled to one (1) boat dock permit if there is no dwelling on his contiguous properties.

      (4) A person who constructed a boat dock under a permit issued before July 1, 1996 shall be permitted to have a boat dock that exceeds:

      (a) The single dimension limit specified in Section 4 of this administrative regulation by two (2) feet; or

      (b) The square footage limit specified in Section 4 of this administrative regulation by thirty-two (32) square feet.

 

      Section 3. Constructing Boat Docks. (1) A person wishing to construct a boat dock shall:

      (a) Submit a boat dock application on forms provided by the department, accompanied by:

      1. The permit fee; and

      2. Proof that the applicant's property is adjacent to department lands.

      (b) Not begin construction until he or she has been issued a construction permit from the department. This permit shall be in addition to other required building permits.

      1. A construction permit shall not be issued until an on-site visit by department personnel has been completed.

      2. A construction permit shall be valid for one (1) year from the date of issuance.

      (c) Inform the department when:

      1. Construction of the new dock is complete; or

      2. An existing dock has been brought into compliance.

      (d) Allow inspection of the dock by a department employee.

      (2) The department shall issue a boat dock permit and tag to a boat dock owner whose dock passes a final inspection for compliance with the provisions of this administrative regulation.

      (3) The dock owner shall affix the tag issued with the permit to the edge of the dock facing the lake.

      (4) A reconstructed boat dock shall meet specifications specified in Section 4 of this administrative regulation.

 

      Section 4. Boat Dock and Walkway Specifications. (1) A person shall not construct a boat dock that:

      (a) Measures more than sixteen (16) feet in any dimension;

      (b) Has a surface area of more than 128 square feet;

      (c) Has enclosed superstructures;

      (d) Has unenclosed superstructures or other features not specified in the boat dock permit; or

      (e) Contains metal drums, styrofoam blocks, or other homemade flotation devices. Only flotation material that has been manufactured for marine use may be used.

      (2) A walkway connecting the bank and the dock shall:

      (a) Be perpendicular to the shoreline.

      (b) Be anchored to department property at the shoreline using either:

      1. A concrete pad no larger than ten (10) square feet; or

      2. Two (2) metal posts at each side of the walkway.

      (c) Not be wider than four (4) feet.

      (d) Be the shorter of:

      1. A length sufficient to reach a water depth of two (2) feet when the lake is at normal pool; or

      2. Twenty (20) feet in length.

      (e) Not be used for boat mooring.

 

      Section 5. Revocation of Permits. (1) The department shall cancel a boat dock permit if the permit holder:

      (a) Makes an addition or modification to the dock or walkway without written permission from the department; or

      (b) Fails to:

      1. Renew the boat dock permit within ninety (90) days of expiration; or

      2. Maintain the dock or walkway in a structurally sound condition.

      (2) An owner of a noncompliant boat dock shall be notifited in writing by the department that the owner has sixty (60) days to bring the boat dock into compliance or remove the boat dock, walkway, or other structure.

      (3) If the boat dock has not been brought into compliance following the sixty (60) day notification period, the department shall have the authority to remove the non-compliant boat dock, walkway, or other structure.

 

      Section 6. Use of Water. (1) A person shall not take water from the lake without the written consent of the department.

      (2) The department shall not grant permission to take water from lakes other than:

      (a) For the residential use of adjacent property owners; or

      (b) For temporary emergency use in times of drought.

 

      Section 7. Cutting Weeds or Grass. An adjacent property owner may cut weeds or grass, or clear underbrush less than two (2) inches in diameter, from department lakefront property which joins his property.

 

      Section 8. Structures or Equipment on Department Property. (1) A person shall not place a road, ramp, building, steps, fence, garden, or structure on department property.

      (2) Without written permission from the department, a person shall not:

      (a) Place an object or structure at the water's edge to stabilize the bank; or

      (b) Place or use mechanical equipment on department property.

      (3) The department shall not issue a permit for mechanical equipment or bank stabilization unless it is in the best interest of the lake, the public, and other adjacent property owners.

 

      Section 9. Waivers and Appeals. (1) A person with a noncompliant dock, walkway, or other structure that was in place prior to December 31, 1996 may apply to the department for a waiver.

      (2) In deciding whether to grant or deny a waiver, the department shall consider:

      (a) Whether the dock, walkway, or other structure:

      1. Is in substantial compliance with this administrative regulation;

      2. Poses a potential safety hazard;

      3. Is in sound structural or mechanical condition;

      (b) The geological or other physical features of the lake and the specific location; and

      (c) The applicant’s history of compliance with previous administrative regulations governing boat docks and structures on department property.

      (3) A person whose waiver request is denied may request a hearing.

      (a) The department shall appoint a hearing officer and conduct the hearing in accordance with the provisions of KRS Chapter 13B.

      (b) The hearing officer shall make his recommendations to the Department of Fish and Wildlife Commission.

      (c) The commission shall make its decision by majority vote.

      (d) An appeal of the commission's decision shall be in accordance with the provisions of KRS Chapter 13B.

 

      Section 10. Incorporation by Reference. (1) "Dock Application" form, 2007, Department of Fish and Wildlife Resources, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Fisheries, Department of Fish and Wildlife Resources, #1 Game Farm Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (KFWR-F-150; 1 Ky.R. 345; eff. 2-5-75; Am. 10 Ky.R. 963; eff. 3-2-84; 11 Ky.R. 1126; eff. 3-12-85; 22 Ky.R. 1488; 1995; eff. 5-16-96; 23 Ky.R. 2197; 2713; eff. 1-10-97; 34 Ky.R. 845; 1392; eff. 12-12-07.)