002.00.18 Ark. Code R. 012

Current through Register Vol. 49, No. 9, September, 2024

Rule 002.00.18-012 - 2019 Fishing Regulations

K1.01 POLICIES ON LAND USE AROUND ARKANSAS GAME AND FISH COMMISSION LAKES

By Order of the Arkansas Game and Fish Commission

Updated January 01, 2019

POLICIES ON LAND USE AROUND ARKANSAS GAME AND FISH LAKES *Be sure to review the Arkansas Game and Fish Guidelines for Resolving Real Estate Encroachments (Section 10.8) and the AGFC Fishing Guidebook

1.0 Introduction

The Arkansas Game and Fish Commission (the Commission, AGFC) has built many lakes throughout the state in an effort to provide fishing for the citizens of Arkansas. The Game and Fish Commission controls, manages and maintains these lakes within the established boundaries of ownership. Around each Commission-owned lake a state boundary of ownership exists. The size and extent of the state-owned boundary varies depending on the lake. These lands are necessary to provide for fluctuating water levels, to control and protect thepublic investments and to insure public use and access to the shoreline of these lakes. The Commission attempts to maintain boundary markings, however if construction and/or land- clearing activities are anticipated, it is the landowner's responsibility to locate all boundariesby a survey based on the metes and bounds land description.

2.0 Definitions

2.1Lake Management Buffer - The strip of Commission-owned land adjacent to AGFC lakes that the Commission deems necessary to provide for public access, flood control, and lake management. The width of the lake management buffer varies from lake-to-lake(typically between 20 to 100 feet wide) and either is described relative to a known elevation or in metes and bounds pursuant to a survey. (Refer to Section 9 for specific lake boundary descriptions; see also the current Arkansas Game and Fish Guidelines for Resolving Real Estate Encroachments in Section 10.8). The lake management buffer is public property and is open to the public at all times.

2.2Lakefront Property - private property that directly adjoins the Arkansas Game and Fish Commission lake management buffer. No other properties will be considered lakefront properties. Only lakefront property owners may request permits for and construct such permitted structures on the Commission-owned lake management buffers and lakes.

2.3Mean Sea Level (msl) - A measurement of the average height of the ocean's surface; used as a standard in reckoning land elevation.

2.4Metes and Bounds Survey: A metes and bounds survey is a survey of land by references to courses and distances around the tract (e.g. "Thence North 40 degrees West 1320 feet to a 1" pipe"), as opposed to a description of a tract of land within a subdivision (e.g. "Lot 6, Wooded Hills Subdivision"). A metes and bounds survey is typically seen in rural ornon- urban areas, such as around

AGFC lakes and WMAs.

3.0 Permits

3.1General Information -Applications for all permits are provided in the Appendix. Applicants should allow at least 30 days to process the permit application(s). Permits are not transferable upon resale or transfer of ownership of the property. It is the current landowner's responsibility to disclose the Policies on Land Use Around AGFC Lakesupon resale or transfer of ownership of his/her property. New lakefront landowners purchasing properties with an existing pier, boathouse, boat slide or irrigation system must apply for a new permit and number in the new property owner's name. Proof of home ownership is required. Permit renewals will be on a three year cycle. A new registration sticker will be sent with the renewed permit. New property owners are responsible for permitting orremoving the structure within 90 days of taking possession. Structures not removed or permitted during that time are subject to removal by the Commission at the property owner'sexpense.

3.2Agreement - The Application(s) for permits must be completed and signed by the lakefront property owner. In signing the application(s) the lakefront property owner agrees to comply with all applicable requirements outlined in the Policies on Land Use Around Arkansas Game and Fish Commission Lakes and to repair or remove boathouses, piers, boat slides, or irrigation units should they at any time deteriorate to be in violation of the Policy. The landowner assumes all liability associated with said structures. A copy of private boathouse, boat slide, or pier construction plans, dimensions, and list of materials to be used and a copy of the plat map with the boathouse, boat slide, pier, or irrigation unit location marked must accompany the Application. Failure of not sending in all required information will result in delay of permit issuance.

3.3Permit Display Requirements and Fees

Piers, boathouses, boat slides, and irrigation units must display the Arkansas Game and Fish Commission permit number on the structure. Permit numbers must be a minimum of 3 inches in height. Along with issuance of the permit, you will receive a metal placard and a colored registration sticker for each boathouse, boat slide, pier, or irrigation pump. The permit numbers shall be placed on the left side of the placard and the registration sticker shall be placed to the right of the permit numbers on the placard. Permit numbers must be clearly visible, legible and of a color that contrasts with that of the metal placard. The placard must be placed on the side of the structure facing the center of the lake, making it visible at all times. Boat slides and irrigation units must have the placard attached to a 4"x 4" post that is securely set in the ground, as a part of or near the structure. The placard must also be placed at least 3 feet above the ground or normal water elevation of the lake. The metal placard cannot be placed on doors. Every three years, upon renewal of the permit, you will receive a new registration sticker to place on the placard. If a placard must be replaced, contact the Licensing Division at (501) 223-6300 or 1(800) 364-GAME.

[BULLET] Pier, boathouse, or boat slide fee (for each structure): $30.00

[BULLET] Irrigation Permit fee (Fee required only if you do not have a boathouse and/or pier. Metal placard must be placed on a post near the irrigation unit. Refer to Section 4.6) :

$10.00

[BULLET] Metal Placard(s) fee (For use on boathouses/boat slides/piers/irrigation units. This fee covers all required metal placards for each landowner.): $25.00

[BULLET] Replacement placard fee: $5.00 per placard

4.0 Activities Requiring a Permit

4.1Summary of Activities

Boathouses Shoreline Stabilizations Dredging for Boat Access Boat Slides

Piers Herbicides and Pesticides Deepening the Shoreline

Irrigation using lake water (Permit required only if you do not have a permitted boathouse and/or pier)

4.2Shoreline Stabilization - Lakefront property owners may sometimes need to stabilize a shoreline adjacent to their property that is eroding due to wave action. A permit fromthe District Fisheries Supervisor must be obtained before beginning such work. An application form is included. A site plan drawing indicating dimensions and descriptions of the work to be performed and the materials to be used must accompany the application.

A 404 permit may be required from the U.S. Army Corps of Engineers (USACOE) depending on the size and scope of stabilization work requested. Contact your local USACOE office to determine if the permit is required.

Only approved materials may be used for stabilization work. Approved materials consist of: riprap placed over landscape fabric; cedar revetments, log cribs and vegetativecover. You must have AGFC approval for placement of any fill material on the lakemanagement buffer. The Arkansas Stream Team Program has further guidelines for acceptable stabilization work. Call your local District Fisheries Supervisor for more information.

No other manipulation of the shoreline will be permitted. It is not permissible to:

1. Extend or cut into the shoreline in any manner

2. Dig canals

3. Construct a private boat launch

4. Construct a retaining wall

5. Construct swimming beaches.

6. Place any fill material on the lake management buffer without AGFC approval

4.3Lake Dredging - Deepening of the lake area near the shoreline is allowed only to create a boat lane from shallow to deeper water when it otherwise would be impassable. This operation must be carried out when the lake is drawn down for maintenance or fishery purposes. No other deepening is allowed. A permit must be obtained before any work is started. A permit application form is attached. All material removed during deepening must be disposed of on the lakefront property owner's lot. You must have AGFC approval for placement of any fill material on the lake management buffer. Excavated material may not be hauled away without prior written approval from the District Fisheries Supervisor. Mitigation for removal of spawning habitat may be required (i.e. construction ofspawning beds using creek gravel). A 404 Permit from the USACOE may be required.

4.4Herbicide and Pesticide Use - Only chemicals approved by the United States Dept. of Agriculture for aquatic weed control may be used. Chemicals must be applied perthe manufacturer's recommendations. Chemical application must be confined to the area of the lake directly in front of the property owner's lakefront lot. Prior to herbicide application, property owner must obtain a permit from the District Fisheries Supervisor.

4.5Boathouses, Boat Slides and Piers - Lakefront property owners may obtain permits tobuild one pier and either one boathouse or one boat slide on the Commission-owned property adjacent to their lakefront property. Landowners may not have both a boathouse anda boat slide. Boathouses, piers and boat slides must be separate structures, although they may be located in close proximity to each other. Construction of a new pier, boathouse or boat slide may only begin after first obtaining the necessary permit from the Arkansas Game and Fish Commission. Permit applications are attached. Commission personnel may also inspect the site before structures are built.

Boathouses, piers and boat slides may only be built using plans available from the Arkansas Game and Fish Commission and with approved materials. No other designs and material will be allowed for construction on Commission property. Plans for: floating boathouses, floating piers, fixed boathouses, fixed piers, and boat slides are provided. Commercially made piers, boathouses, and boat slides will be approved if they fallwithin the allowable dimensions. Framing of commercially made piers, boathouses, and boat slides may be made of galvanized metal.

Piers, boathouses and/or boat slides are the sole property of the permit holder and maybe locked or gated at the entrance. Permit holders bear all responsibility and liabilityfor upkeep and any injury resulting from the use of thestructure.

4.5.1 Dimensions & Design - Piers may be either fixed or floating and must not exceed a total length of 50 feet and total width of 8 feet. Piers may include a "T" or "L" constructed at the end, measuring no more than 8 feet by 16 feet in size, but total length of pier may not exceed 50 feet. Piers must be placed a minimum of 1.0 feet above normal lake elevation. Roofs are not allowed on piers.

Boathouses may be either fixed or floating. Boathouses shall not exceed 24 feet in length and 16 feet in width and shall not have a walkway from shore to boathouse longer than 16 feet in length and 8 feet in width. Roofing is required on boathouses and shall be metal. Sheathing to enclose the boathouses is optional and shall be metal in an earth toned shade. Inside dimensions of boat slip can be variable as long as the structure does not exceed 16 feet wide and 24 feet long. Sleeping, living or toilet facilities in boathouses are prohibited.

Boat slides must be permanently fixed to the shoreline and cannot be floating. Boat slides cannot completely cross the lake management buffer, and they cannot change the configuration of the shoreline in any manner (digging/excavation is not allowed). Boat slides shall not exceed 20 feet in length and 8 feet in width. Handrails are allowed as long as they fit within the allowed dimensions. Roofs are not allowed on boat slides.

Placement and extension of piers, boathouses and/or boat slides into the lake must not encroach on an imaginary extension of the landowner's existing property lines. No guide lines or cables may be affixed to the shore to stabilize a pier, boathouse or boat slide.

4.5.2 Materials - All posts shall be 4"x 4" minimum pressure treated lumber and shall be spaced no more than 8 feet apart (8 foot spacing recommended). Posts may be driven or set in concrete. Deck framing shall be 2"x 6" minimum pressure treated lumber. Decking shall be 5/4" x 6" or 2"x 6" minimum pressure treated lumber. Railings shall be 2"x 6" pressure treated lumber with mid-rail height of 18 inches and height of top-rail shall be 36 inches. Floor joists: On 16" centers use 2" x 8" minimum pressure treated lumber. On 12" centers, use 2" x 6" minimum pressure treated lumber. Fasteners shall be galvanized, stainless or coated steel screws. Floating structures must be buoyed with encapsulated foam flotation. Floating structures may not be stabilized by using cables, guidelines, or poles attached to concrete anchors along the shoreline or on the lake management buffer. Floating structures should utilize anchors in the lake or use standing pipe and guides.

A hand-cranked or battery operated winch/come-along system is allowed onboathouses, boat slides and piers as long as it does not change the configuration of the structure and must be mounted on a post (minimum 4" x 4" pressured treated lumber).

Rollers for boat house lifts and boat slides shall be constructed of galvanized metal or plastic. Alternatively, runners constructed of 2" x 4" pressure treated lumber, coveredwith marine carpet may be used.

4.5.3 Electrical - All electrical improvements must meet or exceed State of Arkansas and local codes. All electrical fixtures attached to piers and/or boathouses must be a minimum of 3 feet above normal pool elevation. All electric power lines attached to piers and boathouses must be encased in conduit and attached at least 3 feet above normal pool elevation. Any electric power lines that traverse AGFC property must be encasedand buried according to State of Arkansas and local codes. Light poles are not allowed. Submerged electrical wiring is prohibited on the entire lake.

4.5.4 Maintenance - Piers, boathouses and boat slides must be maintained to be safe and functional and in good repair at all times. Failure of structures to pass inspection by the Arkansas Game and Fish Commission will be grounds for revocation of permit, mandatory removal and potential fine. Repairs must be made within 90 days of receiving notice of need to repair. Repairs will be made at the adjacent landowner's expense.

4.5.5 Inspections - Arkansas Game and Fish Commission personnel may inspect piers, boat slides and boathouses at any time. Property owner will be informed of maintenance needs and have 90 days to make stated repairs. Repairs will be made at the adjacent landowner's expense.

4.5.6 Existing Structures - Boathouses, piers, and retaining walls that were in place prior to January 1, 2008 and that do not conform to these regulations may be left in place until major repairs are needed. At that time the structure must be removed. Boat slides in place as of September 2009 will be permitted if they meet the specified dimensions (Section 4.5.1) and are not in need of major repairs. Grandfathered structures cannot have any additions added to the structures that alter the outside dimensions of the original structure. All new structures must comply with the Policies on Land Use around Arkansas Game and Fish Commission Lakes and a new permit issued. Joint boathouses will not be re-permitted and retaining walls may not be replaced. Structures not brought into compliance when major repairs are needed must be removed by property owner within 60 days at their own expense.

4.6Lawn Irrigation - Lakefront property owners may pump water out of AGFC-owned lakes for lawn/garden irrigation needs. Irrigation for agricultural/commercial purposes willnot be permitted. Those property owners with a currently permitted boathouse/pier/boatslide will not be required to pay irrigation permit fees or purchase a metal placard forirrigation purposes. Those property owners without a current boathouse, pier, or boat slide permit must apply for an Irrigation Permit for irrigation purposes as well as purchasea metal placard for the irrigation unit. Irrigation permits will be on the same three year cycle as boathouse and pier permits. No submersible pumps will be allowed. Relift pumps with no more than 1.5 horsepower may be used. Relift pumps may be locatedon an existing boathouse, pier or the landowner's property. Intake pipes must have screening on them. No part of the pump may be on the AGFC property (lake managementbuffer). Discharge or intake lines may traverse

AGFC property. If electric power linestraverse AGFC property, they must be encased and buried according to State of Arkansasand local codes. The discharge outlet from the pump must be no more than 1 % -inch inside diameter within 5.0 feet of the pump and prior to dispersal for irrigation.

Water withdrawal for irrigation is prohibited when the lake elevation reaches 1.0 foot below normal lake elevation.

4.7Damaged trees - If a tree on AGFC property is threatening a house or structure on private property, AGFC will pay for the removal of the tree (please contact your District Fisheries Supervisor as soon as possible). If structures on private property are damaged due to fallen trees originating on_ AGFC property, landowners must write a damage recovery request letter to the AGFC Director. The letter shall include: Location, description and date of damage; cost estimate of damage along with any incurred relevant bills thathave been paid; an indication of whether the landowner has homeowner's insurance (or other relevant insurance) and what percentage of damages the insurance will pay, along with the deductible. The agency will review the damage request and determine the appropriate path moving forward. No dead timber may be removed from the lake.

CODE BOOK LANGUAGE FOR CHANGES TO BOATHOUSE, PIER, AND IRRIGATION PERMITS ON AGFC LAKES

CHAPTER K1.00 - LAND USE POLICY

K1.01 Policies on Land Use Around Arkansas Game and Fish Commission Lakes

*****

K1.01 POLICIES ON LAND USE AROUND ARKANSAS GAME AND FISH

COMMISSION LAKES

By Order of the Arkansas Game and Fish Commission Updated March 19, 2015

ARKANSAS GAME AND FISH LAKES

*Be sure to review the Arkansas Game and Fish Guidelines for Resolving Real Estate Encroachments (Section 10.8) and the AGFC Fishing Guidebook

3.0 Permits

3.1 General Information -Applications for all permits are provided in the Appendix.

Applicants should allow at least 30 days to process the permit application(s). Permits are not transferable upon resale or transfer of ownership of the property. It is the current landowner's responsibility to disclose the Policies on Land Use Around AGFC

Lakes upon resale or transfer of ownership of his/her property. New lakefront landowners purchasing properties with an existing pier, boathouse, boat slide or irrigation system must apply for a new permit and number in the new property owner's name. Proof of home ownership is required. ll ll Permit renewals will be on a three year cycle. A new registration sticker will be sent with the renewed permit. New property owners are responsible for permitting or removing the structure within 90 days of taking possession. Structures not removed or permitted during that time are subject to removal by the Commission at the property owner's expense.

3.2 Agreement - The Application(s) for permits must be completed and signed by the lakefront property owner. In signing the application(s) the lakefront property owner agrees to comply with all applicable requirements outlined in the Policies on Land Use Around Arkansas Game and Fish Commission Lakes and to repair or remove boathouses, piers, boat slides, or irrigation units should they at any time deteriorate to be in violation of the Policy. The landowner assumes all liability associated with said structures. A copy of private boathouse, boat slide, or pier construction plans, dimensions, and list of materials to be used and a copy of the plat map with the boathouse, boat slide, pier, or irrigation unit location marked must accompany the Application. Failure of not sending in all required information will result in delay of permit issuance.

3.3 Permit Display Requirements and Fees

Piers, boathouses, boat slides, and irrigation units must display the Arkansas Game and Fish Commission permit number on the structure. Permit numbers must be a minimum of 3 inches in height. Along with issuance of the permit, you will receive a metal placard and a colored registration sticker for each boathouse, boat slide, pier, or irrigation pump. The permit numbers shall be placed on the left side of the placard and the registration sticker shall be placed to the right of the permit numbers on the placard. Permit numbers must be clearly visible, legible and of a color that contrasts with that of the metal placard. The placard must be placed on the side of the structure facing the center of the lake, making it visible at all times. Boat slides and irrigation units must have the placard attached to a 4"x 4" post that is securely set in the ground,

as a part of or near the structure. The placard must also be placed at least 3 feet above the ground or normal water elevation of the lake. The metal placard cannot be placed on doors. Every three years, upon renewal of the permit, you will receive a new registration sticker to place on the placard. If a placard must be replaced, contact the Licensing

Division at (501) 223-6300 or 1(800) 364-GAME.

S Pier, boathouse, or boat slide fee (for each structure): $130.00

S Irrigation Permit fee (Fee required only if you do not have a boathouse and/or pier.

Metal placard must be placed on a post near the irrigation unit. Refer to Section 4.6) :

$130.00

S Metal Placard(s) fee (For use on boathouses/boat slides/piers/irrigation units. This fee covers all required metal placards for each landowner.): $25.00 S Replacement placard fee: $5.00 per placard

4.0 Activities Requiring a Permit

4.1 Summary of Activities

002.00.18 Ark. Code R. 012

10/25/2018