HOUSE BILL 472

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

INTRODUCED BY

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.

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

     SECTION 1. [NEW MATERIAL] REQUIREMENTS FOR BOAT DOCKS--EXCEPTION.--

          A. As used in this section:

                (1) "boat dock" means a structure extending from the shore into the water to permit the landing and mooring of vessels and includes the anchoring system and any catwalks or bridges that will attach to the dock itself;

                (2) "boat ramp" means a driveway protruding into the lake that allows boats to be launched from their trailers into the lake;

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

                (4) "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 commission fee simple property where the boat dock will be located;

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

                (3) the division may create exceptions to the rules promulgated by the division pertaining to the construction and maintenance of private, noncommercial boat docks; provided that such exceptions do not negatively affect water quality; and

                (4) nothing in this section shall be interpreted to allow a private boat ramp. Only those boat ramps specifically approved by the division shall be allowed.

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

          D. The division shall promulgate rules setting forth safety requirements to be applied to boat docks during periods of drought when docks are not floating.

          E. Nothing in this section shall be interpreted to interfere with or supersede the primary purpose of any lake or reservoir as set forth in an interstate compact.

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