SENATE BILL 124

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Pat Woods and Dennis J. Roch

AN ACT

RELATING TO BOATING; PRESCRIBING REQUIREMENTS FOR PRIVATE, NONCOMMERCIAL BOAT DOCKS AT CERTAIN LAKES AND RESERVOIRS IN THE STATE; SETTING A MAXIMUM ANNUAL FEE FOR BOAT DOCK PERMITS; PROVIDING AN EXCEPTION FOR BOAT DOCKS CONSTRUCTED ON OR BEFORE JANUARY 1, 2015; REQUIRING THE STATE PARKS DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT TO PROMULGATE RULES REQUIRING REASONABLE MAINTENANCE AND REPAIR OF BOAT DOCKS CONSTRUCTED ON OR BEFORE JANUARY 1, 2015.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] FINDINGS AND PURPOSE.--The legislature finds that the lakes and reservoirs of New Mexico provide significant economic, recreational, scenic and cultural benefits. The purpose of this act is to promote management of the lakes and reservoirs of New Mexico in a manner that is compatible with the multiple and diverse uses of these shared natural resources.

     SECTION 2. [NEW MATERIAL] REQUIREMENTS FOR BOAT DOCKS--EXCEPTION.--

          A. As used in this section:

                (1) "commission" means the interstate stream commission; and

                (2) "division" means the state parks division of the energy, minerals and natural resources department.

          B. Private, noncommercial boat docks shall be permitted on all lakes and reservoirs that are owned by the commission and jointly managed by the commission and the division; provided that:

                (1) each applicant for a boat dock permit shall own real property contiguous to the proposed location of the boat dock; and

                (2) boat docks shall comply with rules promulgated by the division pertaining to the construction and maintenance of private, noncommercial boat docks.

          C. The annual fee charged for a boat dock permit shall not exceed five hundred dollars ($500).

          D. An owner of a boat dock described in Subsection B of this section shall not be required to alter or remove the boat dock if:

                (1) construction of the boat dock was completed on or before January 1, 2015;

                (2) all required permits were obtained prior to construction of the boat dock;

                (3) the boat dock was constructed in accordance with applicable construction and permit requirements or a variance was granted by the commission or the division; and

                (4) the owner complies with the maintenance and repair requirements promulgated by the division pursuant to Subsection E of this section.

          E. The division shall promulgate rules setting forth requirements for boat docks described in Subsection D of this section; provided that the rules shall be limited to reasonable maintenance and repair requirements.

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