Chapter 1501:46-12 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 shall not apply when emergency or storm conditions exist to constitute a hazard to the safety of the person or property involved.
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 by permission of the chief or his authorized agent.
119.032 review dates:
Promulgated Under: 119.03
Statutory Authority: 1546.03
Rule Amplifies: 1546.01, 1546.03 , 1546.09
Prior Effective Dates: 6/14/75, 5/16/82, 3/18/88, 3/1/93
No person shall sublease, transfer or assign his dock permit or rights thereunder to any other person, or permit any other person or watercraft not owned or leased by him to occupy or use his dock, tie-up, or storage space, except by written permission of the chief or his 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.
(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.
Every person must pay the fee required by rule 1501:41-2-08 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 June first 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.
Five Year Review (FYR) Dates: 07/16/2019
Promulgated Under: 119.03
Statutory Authority: 1546.04, 1546.15
Rule Amplifies: 1546.02, 1546.04, 1546.15
Prior Effective Dates: 6/14/75, 7/1/80, 3/18/88, 3/1/93, 03/01/2006
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 watercraft occupying the licensed facility on or before the expiration date of the dock permit. Any watercraft 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.
No person shall leave a watercraft in any dock space or tie-up space on any waters of the Division without first properly fastening and securing said watercraft in such a manner as to avoid fouling or collision with any adjacent 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.
No person shall anchor, moor, or tie-up any watercraft to any dock facility, or structure on the waters of the Division in such a way that said watercraft threatens to or does block, impede, or restrict other watercraft in their normal and reasonable use of the waters of the Division.
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.
Five Year Review (FYR) Dates: 01/08/2016 and 03/26/2021
Promulgated Under: 119.03
Statutory Authority: 1546.01
Rule Amplifies: 1546.01 , 1546.03, 1546.09
Prior Effective Dates: 7/1/76, 11/15/15
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.
Five Year Review (FYR) Dates:
Promulgated Under: 119.03
Statutory Authority: 1501.01
Rule Amplifies: 1546.01, 1546.03, 1546.09
Prior Effective Dates: 6/14/75, 12/3/76, 5/16/82, 3/1/2006, 6/11/2010
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 the owner of such dock, tie-up space or superaqueous structure cannot be determined after reasonable effort to locate him has been made, then twenty (20) 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.
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.
No person shall construct a 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 a written permit therefor from the chief of the division or his designee, and said construction shall be performed in accordance with the specifications of the permit.
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.
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 provision.