ID H0561

No permit required for repair of an existing navigational encroachment.

No permit required for replacement of an existing navigational encroachment if all five conditions are met: (1) existing encroachment covered by valid permit in good standing, (2) existing encroachment meets current requirements for new encroachments, (3) location and orientation unchanged, (4) replacement same size or smaller and same shape as existing, and (5) replacement not located closer to adjacent littoral right lines than existing.

Board must act on replacement applications within 60 days of receipt; failure to act constitutes approval.

Replacement applications submitted on board-furnished forms must include plans and information required by section 58-1302(k), Idaho Code.

All permits for noncommercial navigational encroachments must be recorded in county records at permittee's expense; recordation provides constructive notice to public but conveys no property rights beyond permit validation.