charged 30% of the filled bottomland or full market value of the unfilled bottomlands,
whichever is greater, giving due consideration to riparian rights.
(b) Fills placed after proper permits were obtained shall be charged a minimum of
30% of the value of the filled bottomland or full market value of the unfilled
bottomlands, whichever is greater, giving due consideration to riparian rights.
(c) Fills placed in violation of the permitting authority of the act, if conveyed, shall be
charged a minimum 100% of the value of the filled bottomlands based on their
highest and best use. Due consideration may be given to riparian rights.
(d) Fills which were placed before the effective date of the act, which are used for
residential purposes, which are part of a recorded subdivision, which are less than
1/4 acre, and which do not adversely
affect the public trust may be charged a fee of $500.00 as the full market value. The
fee stated in this subdivision shall be adjusted every 5 years according to the bureau of
labor statistics 'all-items' index and other economic indicators.
(3) The consideration to be paid as fair cash value for deeds to unpatented lands
which are not filled or substantially changed from their natural character and which are
to be used or are being used for flood control, shore erosion control, drainage, and
sanitation control shall be 30% of the value of the filled bottomland, based on its highest
and best use, giving due consideration to riparian rights.
(4) The consideration for leases to unpatented bottomland for marina purposes
shall be not less than 5% of the typical gross dockage and mooring rent in the area. A
lease period may be a period of up to 50 years, but rental rates shall be adjusted at
least every 5 years. Adjustments shall be in all years ending in "0" or "5." The rental
fee adjustment shall be directly proportional to the bureau of labor
statistics 'all-items' index and other economic indicators. Typical gross dockage and
mooring rent shall be based on the most efficient use of the area involved.
(5) Upon approval of any deed, lease, or other agreement, the application fee
shall be credited against the consideration to be paid to the state.
History: 1982 AACS.
R 322.1008 Permits.
Rule 8. (1) A riparian owner shall obtain a permit from the department before
dredging, filling, or placing spoil or other materials on bottomlands; dredging,
altering, or maintaining an existing upland channel; or constructing a new upland
(2) A permit for upland channelling, as required in section 12 of the act, is not
required for the construction of boat wells and slips which are not more than 50 feet in
length, as measured inland from the ordinary high-water mark, and which facilitate
private, noncommercial recreational boat use, if dredging or placement of spoil does not
extend lakeward of the ordinary high-water mark.
(3) Placing spoil or other material on bottomlands does not include either of the
(a) Seasonal, private, noncommercial docks and boat hoists.
(b) Maintenance of a structure constructed under a permit issued pursuant to the
act, if the maintenance is in place and in kind with no design or materials modification.