Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: The amendment is necessary due to the merger
of the Missouri State Water Patrol into a division of the Missouri State
Highway Patrol as authorized by section
43.390,
RSMo. and the amendment to section
306.125,
RSMo. requiring the Department of Public Safety to create a new
rule.
(1) All persons
requesting permission to place or have placed an aid to navigation or
regulatory marker as defined in section
306.124,
RSMo. on the waterways of the state of Missouri may submit a completed
application form supplied by the Missouri State Highway Patrol, Water Patrol
Division. Applications are due forty-five (45) days prior to the hearing date.
The application will be reviewed by the Water Patrol Division, at a public
hearing after notice of the hearing has been published in the county paper at
least ten (10) days before the hearing.
(2) Applications for buoys one hundred feet
(100') from a dock are as follows:
(A)
Applications must include a copy of the applicant's dock permit (section
306.903,
RSMo);
(B) Applications should
indicate the proposed placement of the buoy(s) requested in relationship to the
applicant's dock. The preferred placement of individual buoys is one hundred
feet (100') from the dock and centered;
(C) "No wake-idle speed" buoys are
impermissible for docks that are less than three hundred feet (300') from a
dock on the opposite side of the waterway due to constriction and increased
potential for accidents. If no dock is present, the measurement from the
applicant's dock to the opposite shoreline would be utilized;
(D) Generally, a buoy permit will not be
issued if a dock within three hundred feet (300') of the applicant's dock is
already permitted a buoy. Exceptions due to the contour of the shoreline and/or
the positioning of docks may be allowed when boating safety in the area is
enhanced by the placement of a buoy.
(3) Applications to buoy the full width of a
cove includes:
(A) Applications to buoy the
full width of a cove may be approved only after a public hearing;
(B) The width of the waterway is determined
by the distance between docks on the opposing shorelines, unless no docks are
present. This method of measurement represents the actual navigational width of
the proposed area;
(C) If the width
of the waterway is such that the distance between docks on opposite sides of
the waterway exceeds four hundred feet (400'), the waterway may be buoyed if
the volume of boating traffic is significantly disproportionate to similar
areas on the same body of water, or boating accident data support the need for
"no wake-idle speed" buoys. If the distance between opposing docks is disputed,
the applicant, at his/her expense, may have an official survey conducted by a
Missouri registered surveyor to determine the exact distance;
(D) Applications to buoy the full width of
any portion of a waterway, should include a plot map of the area with all
affected owner names on their plot;
(E) The applicant is responsible for
submitting proof of property ownership and signed petitions which document that
seventy-five percent (75%) or more of property owners in the affected area are
in favor of the proposal. A sample petition may be requested from the Water
Patrol Division;
(F) Property
ownership by those in the affected area is determined by submission of a copy
of the property owner's dock permit, or if no dock is present, a copy of the
property owner's real estate property tax receipt;
(G) For individually owned real property
bordering the affected waterway, there is to be a one (1) property, one (1)
vote rule applied; however, owners with multiple properties within the affected
area may cast only one (1) vote. Marinas are considered the same as
individually owned real property. Property easements bordering the waterway are
considered one (1) eligible vote if there is a permitted dock associated with
the easement. As with all eligible voters, proof of ownership is
necessary;
(H) For real property
containing multi-family housing, such as condominiums, a one (1) boat dock, one
(1) vote rule applies, with a maximum of five (5) eligible votes. Multi-family
housing property ownership is determined by providing a copy of each dock
permit. The vote(s) are to be cast by the association or entity possessing
authority to do so;
(I) For all
other community docks, a one (1) boat dock, one (1) vote rule applies, with a
maximum of five (5) eligible votes per community. Community dock(s) ownership
is determined by providing a copy of each dock permit. The vote(s) are to be
cast by the association or entity possessing authority to do so;
(J) Final determination on voting eligibility
will be made by the Water Patrol Division when circumstances exist which are
not clearly defined by buoy guidelines;
(K) Placement of buoys in a diagonal pattern
across a no wake cove or no wake zone, rather than a straight line, may be
permitted if the shoreline and situation necessitate such a pattern;
(L) If there are permitted buoys within the
affected area, the permit number of the existing buoys should be submitted with
the application. If the application is approved, all existing buoy permits
within the affected area may be revoked, unless the Water Patrol Division
determines it is in the interest of public safety to retain some or all
existing permitted buoys;
(M)
Owners of property within a permitted no wake cove, no wake zone, or otherwise
restricted area may, by signed petitions, request a revocation of the permit.
Revocation may only be considered, however, if twenty-six percent (26%) or more
of property owners favor the revocation. Eligible votes and proof of property
ownership are determined in the same manner as the process used for new
applications;
(N) Generally, the
buoy line for a no wake cove or no wake zone consists of a minimum of three (3)
buoys. Depending on the width of the waterway and volume of boating traffic, a
floating sign(s) conforming to prescribed markings may be permitted in
conjunction with buoys. The buoy line is to be installed in accordance with the
approved permit. The buoy line generally will not be approved to be placed more
than one hundred feet (100') out from the location of measurement used to
determine the width of the waterway. Agreement is to be reached in writing with
the owner of any dock located at the proposed buoy line and the owner of any
dock located within one hundred feet (100') outside of the proposed buoy line
regarding the placement of the proposed buoys; and
(O) Applications may be submitted by property
owners located on a waterway narrowing to less than eight hundred feet (800')
in width to restrict vessels forty feet (40') in length or greater to no wake.
To ensure uniformity, the eight hundred feet (800') width eligibility applies
to coves or main channel areas. Waterways eight hundred feet (800') or greater
in width will not be considered for this restriction unless the volume of
boating traffic is significantly disproportionate to similar areas on the same
body of water, or boating traffic accident data support the need for the
restriction. This restriction may be indicated by buoy markers, signage on
docks, or signage on the shoreline, as specified in the permit by the Water
Patrol Division. Applications where signage is a requirement on docks or
shoreline property, are to include proof of ownership and written consent from
each owner where signs will be posted. Applications under this clause will be
heard by the Water Patrol Division at a public hearing. Petitions from property
owners in the affected area are unnecessary for this limited no wake
restriction. Approval is based on the enhancement of public safety in the
proposed area and testimony provided at the hearing. If approved, the permit
holder is responsible for maintaining the buoys and/or signage as indicated in
the permit.
(4)
Displaying of buoy permit number includes:
(A)
A buoy's permit number is to be displayed legibly on the side of the buoy and
within three inches (3") of the top of the buoy;
(B) A sign's permit number is to be displayed
legibly on the upper left corner of the sign, as facing the sign, and within
three inches (3") of the top of the sign; and
(C) Permit numbers will be a minimum of one
inch (1") block style, black numbers, and hyphenated as indicated on the
permit.
(5) Display of
lighting on buoys and signs includes:
(A)
Flashing lights for permitted buoys may be approved only if deemed necessary
for safe navigation. Flashing lights for buoys will be solar, white flashing
lights, fifteen flashes per minute (15FPM); and
(B) Flashing lights for permitted signs will
be solar, amber flashing lights, fifteen flashes per minute (15FPM). Each sign
is to display a minimum of two (2) lights.
(6) Modification(s) to an existing buoy
permit must be approved by the Water Patrol Division. A request to modify an
existing permit may require a new application and public hearing if the
modification would have a significant effect on boating traffic in the
immediate area as determined by the Water Patrol Division. Permit holders are
to notify the Water Patrol Division if they have a change of mailing address or
transfer of property ownership.
(7)
Buoy permits for individual docks are non-transferrable. New property owners
may re-apply for a buoy based on current buoy guidelines.
(8) Buoy applications for the same general
area may be considered not more than two (2) times within any twelve (12)
consecutive month period.
(9)
Applicants who have been rejected twice within a twelve (12) month period for
the same general area may submit a letter of appeal to the superintendent of
the Missouri State Highway Patrol.
(10) Temporary buoy permits for regattas,
construction sites, etc., are to each be considered on their own
merits.
(11) It is the
responsibility of the permit holder to purchase, install, and maintain all
approved buoys and signs. All approved buoys and signs are to be installed and
in place from April 1 through October 1 each year. Permitted buoys and signs
may remain installed the remainder of the year, if they are maintained
according to the permit. Buoys and signs approved for new applications during
the May hearings are to be installed within thirty (30) days of the approval
date. All buoys and signs are to be reflective and compatible with the Uniform
State Waterway Marking System as established by the United States Coast Guard.
The director of the Water Patrol Division may revoke the permit of any permit
holder upon failure to abide by these rules.
(12) An existing permit may be revoked, if in
the opinion of the Water Patrol Division, the permit or placement of the
buoy(s) is no longer necessary or warranted due to modifications in development
of the affected area, or boat traffic no longer warrants such a
permit.
(13) The Water Patrol
Division retains, pursuant to section
306.124,
RSMo, sole discretion to provide for the uniform marking of the waterways of
this state through the placement of aids to navigation and regulatory markers.
The Water Patrol Division may approve or revoke regulatory markers and
navigational aids on any area of the waterways of this state when public safety
is enhanced by the regulation or deregulation of boating traffic. The Water
Patrol Division may consider boating density, traffic patterns, accident data,
and other pertinent criteria prior to approval of an application or revocation
of a permit.
(14) Nothing in this
rule may be construed to create in any other party any right or entitlement to
the privilege of placing such aids or markers on behalf of the Water Patrol
Division.
