Arkansas Administrative Code
Agency 002 - Game and Fish Commission
Rule 002.00.15-002 - Regulations for Compliance with Land Use Policies

Applicants should allow at least 30 days to process the permit application(s). Permits are not transferable upon resale or transfer of ownership of the property. It is the current landowner's responsibility to disclose the Policies on Land Use Around AGFC Lakes upon resale or transfer of ownership of his/her property. New lakefront landowners purchasing properties with an existing pier, boathouse, boat slide or irrigation system must apply for a new permit and number in the new property owner's name. Proof of home ownership is required. All permits must be renewed annually. A new registration sticker will be sent with the renewed permit. New property owners are responsible for permitting or removing the structure within 90 days of taking possession. Structures not removed or permitted during that time are subject to removal by the Commission at the property owner's expense.

Piers, boathouses, boat slides, and irrigation units must display the Arkansas Game and Fish Commission permit number on the structure. Permit numbers must be a minimum of 3 inches in height. Along with issuance of the permit, you will receive a metal placard and a colored registration sticker for each boathouse, boat slide, pier, or irrigation pump. The permit numbers shall be placed on the left side of the placard and the registration sticker shall be placed to the right of the permit numbers on the placard. Permit numbers must be clearly visible, legible and of a color that contrasts with that of the metal placard. The placard must be placed on the side of the structure facing the center of the lake, making it visible at all times. Boat slides and irrigation units must have the placard attached to a 4"x 4" post that is securely set in the ground, as a part of or near the structure. The placard must also be placed at least 3 feet above the ground or normal water elevation of the lake. The metal placard cannot be placed on doors. Each year upon renewal of the permit, you will receive a new registration sticker to place on the placard. If a placard must be replaced, contact the Licensing Division at (501) 223-6300 or 1(800) 364-GAME.

* Pier, boathouse, or boat slide fee (for each structure): $10.00

* Irrigation Permit fee (Fee required only if you do not have a boathouse and/or pier. Metal placard must be placed on a post near the irrigation unit. Refer to Section 4.6) : $10.00

* Metal Placard(s) fee (For use on boathouses/boat slides/piers/irrigation units. This fee covers all required metal placards for each landowner.): $25.00

* Replacement placard fee: $5.00 per placard

A 404 permit may be required from the U.S. Army Corps of Engineers (USACOE) depending on the size and scope of stabilization work requested. Contact your local USACOE office to determine if the permit is required.

Only approved materials may be used for stabilization work. Approved materials consist of: riprap placed over landscape fabric; cedar revetments, log cribs and vegetative cover. You must have AGFC approval for placement of any fill material on the lake management buffer. The Arkansas Stream Team Program has further guidelines for acceptable stabilization work. Call your local District Fisheries Supervisor for more information.

No other manipulation of the shoreline will be permitted. It is not permissible to:

Boathouses, piers and boat slides may only be built using plans available from the Arkansas Game and Fish Commission and with approved materials. No other designs and material will be allowed for construction on Commission property. Plans for: floating boathouses, floating piers, fixed boathouses, fixed piers, and boat slides are provided. Commercially made piers, boathouses, and boat slides will be approved if they fall within the allowable dimensions. Framing of commercially made piers, boathouses, and boat slides may be made of galvanized metal.

Piers, boathouses and/or boat slides are the sole property of the permit holder and may be locked or gated at the entrance. Permit holders bear all responsibility and liability for upkeep and any injury resulting from the use of the structure.

Water withdrawal for irrigation is prohibited when the lake elevation reaches 1.0 foot below normal lake elevation.

Walkways (non-elevated) Removing Dead Timber from AGFC lake management buffer

Clearing brush

Planting trees and shrubbery

Fish attractors

If you have any questions regarding whether your proposed activity is prohibited, please call the Fisheries Division at (501) 223-6371.

In accordance with Title II of the Americans with Disabilities Act (ADA), individuals with mobility disabilities are permitted to use wheelchairs and manually-powered mobility aids, such as walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities in any areas open to pedestrian use. Disability documentation is not required. (Reference § 35.137 (Title II) and § 36.331 Title III) Mobility Devices). A wheelchair is defined as a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor and outdoor locomotion. (Reference § 35.104 and § 36.104 - Definitions).

It is unlawful to remove, dislodge or intentionally cause damage to any building, structure, sign, equipment or other property owned or controlled by the Commission.

PENALTY: Class 2

It is unlawful to operate any motorized vehicle on Commission-owned property where no maintained road exists.

EXCEPTIONS:

It is unlawful to hunt or fish when and where a license, permit, tag or stamp is required without having on the person the appropriate license, permit, tag or stamp. It also is unlawful for any person to fail to comply with the terms of any Commission-issued license, permit, tag or stamp.

EXCEPTION:

Hunting (other than big game), (Code 01.00-C, "Big Game") or fishing with a valid confirmation or authorization number received from a telephone license order transaction (Confirmation or authorization numbers are valid for 14 days including the day of the telephone transaction.); or, a valid temporary license printed from an online license order transaction. (Temporary licenses are valid for 14 days including the day of the online transaction.)

PENALTY: Class 1

It is unlawful to fail to comply with the Commission's Policies on Land Use Around Arkansas Game and Fish Commission Lakes (Addendum K 1.01), including all permit and specification requirements for structures and activities. Specifically, it is unlawful to:

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September 18, 2014

The following guidelines are intended to assist Arkansas Game and Fish Commission ("AGFC or "the Commission") staff in identifying, classifying, and resolving encroachments on Commission real estate in a manner that appropriately balances the Commission's duty to wisely manage the property it holds in trust for all people of Arkansas with its desire to be a "good neighbor" to those with whom it shares a boundary.

DEFINITIONS

Closing Costs: All expenses associated with the Commission conveying property to a neighboring landowner to resolve an encroachment including, without limitation, attorney's fees, title search fees, appraisal fees, settlement fees, document preparation fees, and fees associated with clearing up any clouds on title that the encroachment caused.

Encroachment: Any structure, improvement, or other physical object that extends from private property onto adjoining Commission property without authorization by signed written agreement or easement acknowledged by the Commission.

Fair Market Value (FMV): The price that property would sell for on the open market between a willing buyer and a willing seller, with neither being required to act and both having reasonable knowledge of the relevant facts. Typically, an appraisal prepared in accordance with current Uniform Standards of Professional Appraisal Practice (USPAP) will be used to determine the price.

Flowage Easement: The legal right to submerge, flood, or overflow property.

Lake Management Buffer: The strip of Commission-owned land adjacent to AGFC lakes that the Commission deems necessary to provide for public access, flood control, and lake management. The width of the management buffer strip varies from lake-to-lake (typically between 20 to 100 feet wide) and either is described relative to a known elevation or in metes and bounds pursuant to a survey. (Refer to Appendix A for specific lake boundary descriptions; see also the current Policies on Land Use Around Arkansas Game and Fish Commission Lakes.)

Quitclaim Deed: A deed that passes any title, interest, or claim that the Commission may have in property while neither professing that such title is valid, nor containing any warranty or covenants for title.

Residence: A person's home, which may include a garage that is attached or detached but architecturally-similar to the home.

Survey Costs: All expenses associated with the boundary survey work conducted by a Commission-approved, Arkansas-licensed professional land surveyor to resolve an encroachment by a neighboring landowner.

OVERVIEW

Addressing encroachments on Commission real estate pursuant to these guidelines is a three-step process. First, AGFC staff should be vigilant to identify suspected encroachments and confirm that they are indeed on Commission property. Second, AGFC staff should preliminarily classify the confirmed encroachment as a Level 1, Level 2, or Level 3 encroachment. Third, based on the particular classification of the encroachment, AGFC staff should either directly address the encroachment (e.g., Level 1) at the division level or propose a specific resolution to the Director and, when appropriate, the Commissioners for approval to proceed. The three steps are detailed below.

STEP 1: IDENTIFICATION OF ENCROACHMENTS

Normally, suspected encroachments will be brought to the Commission's attention either internally from AGFC field staff or externally by a landowner who has contacted the Commission requesting resolution of an encroachment. To aid in identification and prevention of encroachments, all boundaries between AGFC property and private property should be surveyed and visibly marked wherever possible (examples of acceptable markers that can be used for future boundary marking around AGFC lakes or WMAs are shown in Appendix B). Existing land surveys of AGFC properties generally are recorded in the county land records (i.e., at most county courthouses) where they are available for public inspection; copies of AGFC surveys also can be obtained by contacting the AGFC Real Estate Officer at the Little Rock Headquarters. These land surveys, along with AGFC deeds, are the primary source for identification of property boundary lines and points of reference. AGFC field staff in the Education, Enforcement, Fisheries, Operations, and Wildlife Management Divisions should regularly monitor the Commission's boundaries at their assigned locations to check for possible encroachments, as well as any missing or damaged boundary markers.

Upon discovery of a potential encroachment, AGFC staff should document it in writing with photographs and immediately report it through the appropriate management chain of command. Additionally, the same information should be reported for all Level 2 and Level 3 encroachments to the Legal Division and the AGFC Real Estate Officer in the Construction, Engineering and Real Estate Division. Where necessary, AGFC surveyors should assist in establishing the Commission's boundary line to confirm that the suspected encroachment is, in fact, on Commission property. Once an encroachment has been identified, AGFC field staff should arrange, whenever possible, to have personal communication (e.g., in-person site visit) with the landowner to try to amicably resolve the encroachment, as well as provide a written letter to confirm the circumstances.

STEP 2: CLASSIFICATION OF ENCROACHMENTS

In consultation with the Legal Division and AGFC Real Estate Officer, the Commission division responsible for the particular real estate (i.e., Fisheries for lakes and boat accesses, Wildlife Management for wildlife management areas, Education for nature and education centers, Operations for regional and field offices, and Enforcement for the training center) should preliminarily classify a confirmed encroachment as Level 1, Level 2, or Level 3.

Level 1 (Moveable Encroachment). In the sole discretion of the Commission, this classification may include, without limitation, the following situations or circumstances:

* An encroachment that consists of a non-permanent, readily moveable structure, improvement, or other physical object (regardless of whether placed or caused by a current or previous landowner).

* Any encroachment that is not essential to the primary function of a residence.

* Examples include, but are not limited to: fences, storage buildings, sheds, barns, free-standing carports, prefabricated buildings, mobile homes, unpaved (e.g. dirt or graveled) driveways, above-ground swimming pools, satellite dishes, gazebos, stand-alone decks, elevated walkways, animal pens, deer stands, duck blinds, private boat ramps, sea walls, moored boats, trailers, RVs, vehicles, livestock, gardens, flower beds, fire pits/burn barrels, light poles, utility poles for outdoor sources, propane tanks, flag poles, bird houses, water pumps/fountains, picnic tables, chairs, swing sets, tents, stacked fire wood, dirt/rock piles, yard art items, signs, trash, or personal property.

* Any structure that is required by the Commission to have a permit (e.g., boat house, pier, boat slide, etc.) and (1) has never been permitted or is no longer permitted by the Commission, or (2) has been determined by AGFC field staff from outward appearance of its condition to be neglected and/or abandoned. (See e.g., current Policies on Land Use Around Arkansas Game and Fish Commission Lakes.)

Level 2 (Minor Non-Moveable Encroachment). In the sole discretion of the Commission, this classification may include, without limitation, the following situations or circumstances:

* An encroachment that consists of a structure, improvement, or other physical object that (a) basically is non-moveable and designed to be permanent or long duration (e.g., more than twenty-five years); (b) is essential to the primary function of a residence; and (c) originated as a result of the adjacent landowner purchasing the property and obtaining a survey which, through no fault of the landowner, failed to correctly identify the AGFC property boundary.

* Examples of situations include, but are not limited to: the purchase of a subdivision lot where the subdivision developer originally laid out the lot partially on Commission property such that subsequent lot purchasers were unaware of the problem; the reasonable reliance of a landowner upon a legitimate, but incorrect, land survey and awareness of the problem did not result until after a new survey revealed the Commission's actual boundary.

* Examples of structures/improvements/physical objects include, but are not limited to: residences, porches/decks or garages directly attached to a residence, detached garages or guest houses architecturally similar to a residence, septic systems, and paved (concrete or asphalt) driveways. In some instances, these may also include air conditioning units, propane tanks, utility poles, concrete slabs, and driveways, but only if they are essential to service a residence and no other location is reasonably available to the landowner.

Level 3 (Major Non-Moveable Encroachment). In the sole discretion of the Commission, this classification may include, without limitation, the following situations or circumstances:

* An encroachment that consists of a structure, improvement, or other physical object that basically is non-moveable and designed to be permanent or long duration (e.g., more than twenty-five years) that (a) was constructed, remodeled, or expanded by an adjacent landowner (or his or her predecessor) contrary to an existing land survey of record, or without first obtaining a land survey, contacting the Commission in writing, or otherwise taking customary precautions before undertaking the construction, remodeling, or expansion; (b) crossed a Commission boundary that was visibly marked at the time; or (c) resulted from intentional, flagrant, or grossly negligent action by the landowner or the landowner's predecessor.

* Any non-moveable encroachment not classified as Level 2.

STEP 3: RESOLUTION OF ENCROACHMENTS

As a general rule, for all encroachments - whether classified as Level 1, Level 2, or Level 3 - that are new (i.e., originate after the effective date of the official adoption of these guidelines by the Commissioners and Director) and that take place despite the existence of a duly recorded land survey correctly identifying the AGFC boundary line for the real estate, the proposed resolution should be strict "no-tolerance," and the landowner should be notified in writing that the encroaching structure, improvement, or other physical object must be removed from Commission property to the landowner's property promptly (e.g., within 30 days, or longer if justifiable under the circumstances). This rule is based upon the fundamental principal that every landowner is expected to exercise due diligence to ascertain the boundary lines he or she shares with adjoining neighbors prior to constructing or placing on the land a structure, improvement, or other physical object that could encroach onto a neighbor's property. Such due diligence necessarily includes making a physical inspection to visually identify marked boundaries, plus consulting with a professional land surveyor and/or referencing existing land surveys that are recorded in the county land records. Therefore, in any new instance after adoption of these guidelines where a current or previous landowner causes an encroachment across an AGFC boundary due to lack of due diligence on the part of such landowner, the Commission's normal resolution will be full and prompt removal of the encroachment.

Where an encroachment has been identified by AGFC staff and involves an uncooperative landowner, the Commission will pursue its available legal remedies to the maximum extent permitted under the law.

In the more typical situation where a landowner has approached the Commission requesting resolution of an encroachment that originated before the official adoption of these guidelines, the following steps normally should be followed.

RESOLVING ENCROACHMENTS ON PROPERTY WITH A LAND SURVEY AND VISIBLE BOUNDARY MARKERS

Upon suspecting a potential encroachment, the following procedures should be followed:

Level 1 Encroachments:

Level 2 and 3 Encroachments:

RESOLVING ENCROACHMENTS ON PROPERTY WITHOUT A LAND SURVEY OR VISIBLE BOUNDARY MARKERS

Upon suspecting a potential encroachment, the following procedures should be followed: