Subject 391-5-12 PERMITTING BOAT DOCKS AT HIGH FALLS STATE PARK LAKE
To provide an orderly and equitable process for issuing revocable permits for the construction, maintenance, and use of boat docks on High Falls State Park Lake, and to establish a process for inspecting and enforcing standards for docks on said lake.
|(1)||Permits. All required federal, state and local permits are to be obtained by the property owner.|
|(2)||Procedures. Guidelines and procedures for permits and specifications are available at the High Falls State Park office.|
|(3)||Eligibility. The owner of any contiguous parcel of private property abutting the high water mark of said lake, or the lessee of such parcel with the written consent of the owner, hereinafter referred to as the lakefront property owner and lessees may apply for a permit for one dock only per each single parcel as shown in the county's tax records.|
|(4)||Term. A permit shall be valid for a period of three years from January 1 of the year the permit is issued unless revoked or otherwise terminated in accordance with these rules. Upon the expiration of a permit, the permit holder may apply for a renewal permit which will be valid for 3 additional years. To foster administrative efficiencies, the Director of the Parks Recreation and Historic Sites Division, hereinafter referred to as Director, or designee may issue a onetime initial permit for less than 3 years; provided, said initial permit shall be pro-rated at a rate not to exceed 1/36th per month of the fee for a permit as established in 391-5-12-.02 (5).|
|(5)||Fee. The fee for the issuance or transfer of a permit shall be defined by the Director of Parks not to exceed $50.00 per 3 year period.|
|(6)||Transfer of Permits. Within 120 days of the death of a permit holder, the termination of a lease of a permit holder or sale of lakefront parcel with a permitted dock, the successor in interest to such property or leasehold must apply for a transfer of the permit for the remainder of its unexpired term. Failure to comply with this requirement may result in the revocation of the permit.|
|(7)||Application. The Director of the Parks, Recreation and Historic Sites Division shall establish procedures for obtaining permits. The High Falls State Park Manager shall make available to lakefront property owners and lessees upon request copies of procedures and forms for obtaining permits. All required permits or licenses (Erosion and Sedimentation Act, 391-3-7 and any other applicable state, Federal or local ordinance) must be obtained by the applicant and attached to the application. Upon receipt of a completed application, the Director or designee shall issue or deny the issuance of the permit within a thirty-day period.|
|(8)||Revocation. The Department of Natural Resources may revoke any permit for failure or refusal to comply with these rules or the specific conditions and requirements of the permit and seek civil penalties under O.C.G.A. 12-3-11 which carries a fine of $1,000.00.|
restrictions, and requirements for the continuation of permits.
|(1)||If over fifty percent of the pilings or bracing of an existing dock require replacement to meet Department of Natural Resources standards, a new permit must be applied for and the dock reconstructed.|
|(2)||Floor plans of existing docks or boat houses may not be altered; nor may other re-design occur to existing docks or facilities. Owners wishing to make these types of major changes will be able to do so only with a new permit and by reconstruction, in which case the new (re-constructed) dock must conform to the standards for design and construction contained in these rules.|
|(3)||No new boat houses may be constructed.|
All new docks must be constructed in accordance with the Department's standard design criteria. Plans are available at the High Falls State Park office. Any changes to the existing design must receive written approval from the PRHS Central office who will incorporate those changes in to the new plans and provide them to High Falls.
|(a)||Dock design shall contain detailed plans as to include width, length, and layout of the dock. Floating docks supported by encapsulated flotation units will be permissible. Individual plans need to be submitted with the application. All docks must be structurally sound.|
|(b)|| The maximum length of
the dock shall not exceed a total of 25 feet from the high-water mark. Dock
length extensions beyond 25 feet will only be considered on a case by case
basis if they meet the following criteria:
* At the maximum length of 25 feet, the center end of dock would not reach 2.5 feet of water at full pool.
* If granted the extension, the dock would not block navigation.
* The proposed dock must maintain at least 30 feet distance from existing docks and future parcel dock locations based on projections to reach 2.5 feet of water at full pool.
* The dock must not pose any safety threat concerns for to boaters, lake habitat, or recreational users.
Incremental extensions of 3 feet at a time may be granted by the Director for docks of lengths greater than 25 feet which meet the above criteria. These incremental extensions will be determined by the length it takes the center-end of a dock to reach 2.5 feet of water at full-pool.
Procedure for Granting Extension:
Resident must complete a Dock Application Form. If they request a dock extension, the resident must write a short justification for why they believe the property warrants a dock extension.
|(c)||All docks must have a minimum of thirty feet distance between docks of two adjoining parcels. Exceptions must be approved by the Director or designee.|
|(d)||Electrical outlets will be permitted in accordance with local county codes.|
|(e)||Bulkheads may be extended up to three feet on one side of the dock and up to 10 feet on the other side of the dock for securing the dock to the property. Rip-rap shall be required on all new bulkheads as per specifications. Bulkheads shall be constructed according to current bulkhead specifications, which can be obtained at High Falls State Park office.|
|(f)||Lakefront property owners or lessees with written permission of the landowner may request the use of rip-rap to control erosion into the lake. The department will accept requests and review them on a case by-case-basis. The department will approve a request only where obvious erosion issues exist that threatens the water quality of the lake. Construction specifications may be obtained at the park office.|
|(g)||Once approval for the dock is received, Lakefront property owners or lessees have 90 days to complete the construction. Permit will be revoked if not completed within the 90-day time limit. The Director of Parks, Recreation and Historic Sites Division or designee may grant one 30-day extension. Permit will be revoked and any partial work removed at the owner's expense if not completed within timeframe.|
|(1)||Docks for which there is an approved permit on file shall be maintained to Department of Natural Resources standards, in good repair, in safe condition and with a finished appearance.|
|(2)||Minor repairs may be done without a permit. These consist of replacement of less than fifty percent of the pilings or bracing; or deck and rail replacement.|
|(1)|| Removal of the dock may become necessary
|(2)|| Upon determination that a dock
must be removed, the Division shall:
|(3)||The Division may seek civil penalties with fines up to $1,000 for non-compliance. O.C.G.A. Sec. 12-3-11. See 391-5-12-.08 for appeals.|
|(1)||A formal survey will be made once each year by the Manager or his designee. A dock survey form and repair request form will be completed for each dock and kept on file at the park.|
|(2)||If minor repair is needed the dock owner will be notified in writing by the High Falls State Park Manager. The park staff will set time limits for the repairs.|
|(3)||If major repair (over 50% of pillars and bracing) is required to return the dock to usable and safe condition, the dock owner will be notified by letter from the Director or designee that the dock has deteriorated beyond the minor repair stage and, therefore, removal may be required.|
Any lakefront property owner or lessee who believes that the Director of Parks or Designee erroneously denied a permit, erroneously revoked a permit, or erroneously demanded removal or repair of a dock may file an appeal with the Commissioner of DNR within 30 days of the date of the decision. The appeal must be in writing and set forth in detail the reasons for the appeal. The appeal must be postmarked or delivered to the Commissioner at the Commissioner's official address on or before the 30th day; provided that if the 30th day falls on a Saturday, Sunday or state holiday, then the 30th day is deemed to be the first business day after said Saturday, Sunday or state holiday.
No new excavation, dredging or filling which alters the shoreline or lake bottom will be permitted on state property except dock and adjacent bulkhead construction duly permitted by the Department. Permits for such work may be issued, within the Director's or designee's discretion, on the basis of the applicant's submittal of engineering plans and specifications for such work which demonstrate that it is not adverse to the best interest of the State and upon the permit applicant's agreement to furnish a performance bond and, upon completion, a certification from his engineer that said work was performed and completed in conformance with the engineer's plans and specifications. Once completed in accordance with specifications, the permit holder shall not physically expand or in any manner alter the dimensions, form or shape of the existing facilities without a new permit being issued in accordance with this rule.