This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
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Rule 1501:46-12-01 | Public use docks.
Owners or operators of watercraft shall not anchor,
dock, or tie-up at any dock designated by the division to be a general use dock
in such a manner as to hinder or obstruct navigation or adjacent waterways, or
for a period of time in excess of one hour except that the time restriction
does not apply when emergency or storm conditions exist to constitute a hazard
to the safety of the person or property involved.
Last updated July 17, 2023 at 11:16 AM
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Rule 1501:46-12-02 | Four-hour docking; dock permit.
No person shall anchor, moor, store, beach, tie-up,
or leave unattended by any person upon any land or water area administered by
the division for a period of time in excess of four hours within a
twenty-four-hour period, any watercraft, except that the time restriction does
not apply when emergency or storm conditions exist to constitute a hazard to
the safety of the person or property involved, or by permission of the chief or
the chief's authorized agent.
Last updated July 17, 2023 at 11:16 AM
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Rule 1501:46-12-03 | Subleasing, transfer, assignment, or unauthorized use of dock prohibited.
It shall be unlawful to sublease, transfer or
assign a dock permit or rights thereunder to any person, other than the person
to which the permit was issued. No licensed dock holder may permit any other
person or recreational vessel not owned or leased by the licensed dock holder
to occupy or use the assigned dock, tie-up, or storage space designated in the
dock permit, except by written permission of the chief or the chief's
authorized agent. In addition to any penalty which may attach to a violation of
this rule, such violation shall be cause for revocation of the offender's
dock permit and all rights and privileges attached thereto.
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Rule 1501:46-12-04 | Permission required to use licensed dock; exceptions.
Effective:
January 10, 2019
(A) No person shall anchor, moor,
dock, or tie-up to any licensed dock or to any licensed tie-up space unless
that person has a license issued by the chief of the division or his authorized
agent to use said dock or space. (B) No person shall loiter on or use
in any way not cited above any state dock without obtaining permission from the
person having control of such dock or tie-up space, except when an actual
emergency exists to prevent obtaining such permission.
Last updated April 10, 2023 at 1:01 PM
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Rule 1501:46-12-06 | Display of dock tags on private docks.
Every person must pay the fee required by rule
1501:46-2-08 of the Administrative Code for use of a private structure located
on private property extending over the waters of the division, or on the waters
of the division or located on state property and shall properly display a dock
tag no later than the first day of June of the current tag year. For the
purposes of this rule, structure is defined as a private dock, platform,
covered dock, boathouse, tie up space or other structure privately built and
maintained by the applicant.
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Rule 1501:46-12-07 | Expiration of dock permit.
No person who is a holder of a current and valid
dock permit for a state constructed dock or a private dock constructed from
state owned land shall fail to remove any vessel occupying the licensed
facility on or before the expiration date of the dock permit. Any vessel found
still occupying said licensed facility after fifteen (15) days from the
expiration date of the dock permit shall be disposed of in accordance with
1501:46-3-17.
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Rule 1501:46-12-09 | Securing of stored watercraft.
No person shall leave a watercraft or trailer in a dry moorage lot or
dry rack storage facility when said watercraft or trailer is in an unlocked or
unsecured condition.
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Rule 1501:46-12-10 | Boat docking restrictions.
No person shall anchor, moor, or tie-up any vessel
to any dock facility, or structure on the waters of the division in such a way
that said vessel threatens to or does block, impede, or restrict other vessels
in their normal and reasonable use of the waters of the division.
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Rule 1501:46-12-12 | Dock construction permit required.
No person shall construct or maintain a dock,
moorage, tie-up, or other structure for the purpose of mooring vessels on,
over, or adjacent to the lands or waters of the division without first having
applied for and received a written permit from the chief of the division or the
chief's authorized agent. (A) Persons desiring to construct and
maintain a dock, moorage, tie-up, or other structure for the purpose of mooring
vessels on, over, or adjacent to the lands or waters of the division must
submit a written request to the chief of the division, indicating the exact
location, size, and type of the proposed dock, moorage, tie-up, or other
mooring structure. (B) The chief may issue a construction
permit to the applicant if the following conditions are met: (1) The design of the
proposed dock, moorage, tie-up space, or other mooring structure is in
compliance with the standard plans and specifications of the division for
vessel moorages, and; (2) The proposed location
of the desired dock, tie-up space, or other structure for the mooring of
vessels will not interfere with navigation or facility management or
development of the lands and waters under the management authority of the
division.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-12-13 | Removal of unauthorized docks.
Where any dock, tie-up space or superaqueous
structure has been constructed or is in any stage of construction over any
waters of the division without a dock construction permit having been issued,
or where a current year dock tag is not displayed or where a current or past
dock fee has not been paid, the chief or his designee may request the builder
or owner to remove such unauthorized dock, tie-up space or superaqueous
structure from the waters of the division. (A) The chief or
his designee shall issue written notice to the builder or owner of the
unauthorized dock or superaqueous structure requesting removal thereof within a
reasonable period of time designated by the chief. (B) In the event compliance is not made by the builder or owner
to the written notice requesting removal of the unauthorized dock, tie-up space
or superaqueous structure, or when a reasonable attempt has been made to
contact the builder or owner, the division is empowered to remove such
unauthorized dock, tie-up space or superaqueous structure from state waters at
the expiration of the reasonable period of time designated by the chief for
such removal by the builder or owner. (C) The division shall use ordinary care in removing such
unauthorized docks, tie-up spaces or superaqueous structures and any or all
materials used in the construction of such docks, tie-up spaces or superaqueous
structures, except nails and/or bolts, may be redeemed by the builder or owner
within thirty days from date of removal, upon payment of a fee not to exceed
the actual cost of removal by the division. Otherwise, all materials shall be
retained by the division as reimbursement for costs incurred in such
removal.
Last updated February 25, 2022 at 1:44 PM
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Rule 1501:46-12-14 | Dock maintenance required.
The owner of a dock, tie-up space or superaqueous
structure shall maintain the structure in a condition of good repair according
to the standard plans and specifications of the division for docks and tie-up
spaces. In the event of failure to make necessary repairs and after written
notification to the owner of record concerning the deteriorating or hazardous
condition of the structure or if, after reasonable effort to locate the owner
of such dock, tie-up space or superaqueous structure cannot be determined, then
twenty days after attaching a copy of this rule and notification to repair
hazardous condition of the structure on said hazardous dock, tie-up space or
superaqueous structure by the division and during which period of time the
structure has not been repaired to the proper standard then and in either of
the above circumstances the division is empowered to remove such dock, tie-up
space or superaqueous structure from its waters and destroy or salvage any or
all materials used in the construction of such dock, tie-up space or
superaqueous structure.
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Rule 1501:46-12-15 | Removal of watercraft.
In the event a situation develops wherein docks
administered by the division must be closed due to flood or other natural
conditions in accordance with rule 1501:46-3-02 of the Administrative Code, the
division reserves the right to remove and secure watercraft if the owner cannot
be contacted or if the owner is unable to remove said watercraft in a
reasonable time. Neither the division nor its agents shall be held liable for
damage to any property provided reasonable care and caution is
exercised.
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Rule 1501:46-12-16 | Use of devices to limit or reduce ice formation, permit required.
Effective:
February 15, 2024
On any water area under the management authority of
the division, no unauthorized subsurface mixer, submersible aerator, subaqueous
device, or any other artificial means of preventing or limiting ice formation
on the surface of the water may be installed or utilized without first
receiving written permission from the area manager or the area manager's
authorized representative. The chief will make available an application for
permission to proceed with installation or utilization of such
apparatus. It may be necessary for the applicant to provide
details regarding the location, type, size, maximum water area to be affected,
and other information deemed to be critical in determining the suitability of
the installation or use of any such apparatus. Any specific conditions for
installing or utilizing such a device will be listed in the permit, if
approved. It is unlawful for any person to install a device
as described above in violation of the provisions of this rule or in a manner
inconsistent with the conditions of any permit issued under this rule.
Last updated February 23, 2024 at 9:01 PM
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Rule 1501:46-12-17 | Seawall construction, permit required.
No person shall construct or permit the
construction of any seawall or other shoreline revetment on the shoreline of
any lake or other body of water administered by the division without first
having applied for and received written permission from the chief of the
division or the chief's designee, and said construction shall be performed
in accordance with the specifications of the permit.
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Rule 1501:46-12-18 | Transporting gas on docks prohibited.
No person shall carry or transport gasoline or gas mixtures on or
across state docks except on those docks or in those areas designated for such
purpose by the area manager.
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Rule 1501:46-12-19 | Obstruction of the launching or retrieval of vessels.
Upon any lands or waters under the management of
the division of parks and watercraft, it shall be unlawful to impede or
obstruct access to a watercraft launching facility or other designated
recreational vessel access site in any of the following ways: (A) Intentionally moor or otherwise
secure a vessel to any dock or other structure in a manner that limits or
impedes the ability of other vessels to utilize the launching facility or
access site; (B) Leave a tow vehicle, trailer, or
combination vehicle stopped, standing, parked, or unattended for an
unreasonable period of time on a ramp or a designated watercraft launch lane,
other than while actively engaged in or assisting with the launching or
retrieval of a vessel; (C) Engage in any other activity or
behavior that impairs the ability of other vessel operators to utilize the
facility in a safe and appropriate manner; (D) Willfully or negligently engage in
any other activity or behavior that threatens the safety of any persons or
property in, on, or near the launching facility. No person shall operate or permit the operation of
any vessel, vehicle, trailer, or combination vehicle in violation of this
rule.
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