571—16.15(461A) Designation or modification of dock management areas.
	16.15(1) Purposes and status of dock management areas. The director may designate an area of public land under the commission’s jurisdiction and adjoining water as a dock management area. The primary purpose of dock management areas is to accommodate requests for boating access from owners of properties that are close to a water body but do not include riparian or littoral property rights. Dock permittees have priority use of the docks for mooring of vessels. However, the docks may be used by members of the public at their own risk for fishing and emergency mooring when public use does not interfere with the permittee’s use. Other uses allowed by the permittee shall be the responsibility of the permittee.
	16.15(2) Criteria for designation or enlargement. In designating a dock management area or authorizing enlargement of an existing dock management area, the director shall apply the following criteria:
	a. 	The shoreline property in question shall be public land and shall have been developed and managed for recreational access to water or determined by the department to be suitable for such access.
	b. 	The establishment or enlargement of a dock management area shall not adversely affect other public recreational use of the water body.
	c. 	A dock management area shall not be established or enlarged where depth or bottom configuration is incompatible with the placement of docks.
	d. 	A dock management area shall not be established or enlarged where fish and wildlife habitat, other natural resources or scenic features would be disturbed by the presence of docks.
	e. 	Documentation of need for a new or larger dock management area and the lack of adverse impacts of the proposal must be sufficient to clearly outweigh and overcome a presumption against increasing the number or size of dock management areas.
[ARC 7894C, IAB 5/1/24, effective 6/5/24]