R652-70-300. Categories of Leases, Permits, and Easements

  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.