Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule regulates the placement of aids to
navigation and regulatory markers on the waterways of the state of Missouri to
ensure that such aids and markers are uniform and promote the public safety and
welfare.
(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 must submit a completed
application form supplied by the Missouri State Water Patrol, PO Box 1368,
Jefferson City, MO 65102-1368. All applications must be submitted to the
Missouri State Water Patrol General Headquarters in Jefferson City at least
thirty (30) days before the date permission is requested. The application will
be reviewed by the Missouri State Water Patrol at a public hearing after notice
of the hearing has been published in the county paper at least ten (10) days
before the hearing. Hearings will be conducted only once per month during the
months of September, November, January, March and May. The commissioner of the
Missouri State Water Patrol, or his/her designated representative, shall
approve or disapprove all applications within a reasonable length of time after
the conclusion of the hearing.
(2)
Applications for buoys one hundred feet (100') from a dock-
(A) Applications must include a copy of the
applicant's dock permit (306.903, RSMo);
(B) The application must include a diagram of
the cove indicating the distance between the most lakeward portion of the
applicant's dock and the dock(s) or shoreline on the opposite side of the
cove;
(C) The application must show
the proposed placement of the buoy(s) requested in relationship to the
applicants's dock;
(D) Docks that
are within two hundred feet (200') of the applicant's dock must be indicated on
the diagram;
(E) "No wake-idle
speed" buoys will not be approved for docks that are less than three hundred
feet (300') from a dock on the opposite side of the cove due to constriction
and increased potential for accidents;
(F) Generally, private docks will only be
permitted for one "no wake-idle speed" buoy unless other circumstances exist;
and
(G) Buoy placement will be
centered one hundred feet (100') out from the most lake-ward portion of the
applicant's dock unless extenuating circumstances determined by the Missouri
State Water Patrol dictate otherwise. Placement of buoy(s) must comply with the
approved permit.
(3)
Applications to buoy the full width of a cove-
(A) All applications, including appeals, to
regulate boating traffic for the full width of any portion of a cove shall be
heard at the Missouri State Water Patrol Headquarters in Jefferson
City;
(B) If the width of the cove
is such that the distance between docks on opposite sides of the cove is in
excess of four hundred feet (400'), the cove shall not be buoyed unless in the
opinion of officials of the Missouri State Water Patrol the volume of boating
traffic is significantly disproportionate to similar coves on the same body of
water, or traffic 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 shall have an official survey conducted by a Missouri
registered surveyor to determine the exact distance;
(C) Applications to buoy coves that have a
distance of four hundred feet (400') or less between docks on opposite sides of
the cove must include a plot map of the cove with all affected owners names on
their plot;
(D) The applicant is
responsible for submitting proof of property ownership and documentation that
seventy-five percent (75%) or more of property owners in the affected area are
in agreement by including with the application a petition signed by at least
seventy-five percent (75%) of property owners and a photocopy of each property
owner's dock permit or personal property tax receipt or real estate property
tax receipt;
(E) There will be a
one (1) property, one (1) vote rule applied, to be determined by property tax
receipts or official dock permit. Individuals who own more than one (1)
property in the affected area are only to be counted as one (1) vote regardless
of the number of lots owned;
(F)
Second tier homeowners may sign the petition if they own a dock and must prove
dock ownership by dock permit or personal property tax receipt. Condominium
owners may sign the petition only if they own or lease a slip within the
condominium dock. Condominium owners must prove voting rights by submitting a
personal property tax receipt or leasing agreement for a dock slip;
(G) Placement of buoys in a diagonal pattern,
rather than a straight line, may be permitted if the shoreline and situation
necessitate such a pattern;
(H) If
there are permitted buoys within the area that is to be controlled, the permit
number of the existing buoys must be submitted with the application. If the new
application is approved, all existing permits within the new controlled area
will be cancelled and the previously permitted buoys removed unless the
officials of the Missouri State Water Patrol determine that it is in the
interest of public safety to retain some or all existing permitted
buoys;
(I) Owners of property
within a permitted area may, by petition, request a revocation of permitted
buoys. Revocation will only be considered, however, if twenty-six percent (26%)
or more of property owners sign the petition requesting revocation. The one (1)
property, one (1) vote rule applies;
(J) Approved buoys for a "no wake-idle speed"
cove shall be placed one hundred feet (100') below or prior to the first dock
affected, unless it would extend the buoys into the main channel. Owners of
docks at both ends of the proposed buoy line and within one hundred feet (100')
outside of the proposed buoy line must agree in writing to the placements of
the proposed buoys;
(K) If a cove
is such that it has a bottleneck effect within the cove and then opens up in
excess of four hundred feet (400') between docks on opposite sides, the
property owners may petition for "no wake-idle speed" buoys to control speed
within the bottleneck and one hundred feet (100') on each side. The permit
holder shall be required to place a four foot by six foot (4' X 6') sign
conforming to prescribed markings on a dock or approved structure at each end
of the zone. The sign must face boaters when entering the controlled zone from
either side;
(L) Applications for
"no-anchor" designation on all or any portion of a cove may be approved if in
the opinion of the officials of the Missouri State Water Patrol the anchoring
of boats unnecessarily impedes the normal flow of traffic, interferes with a
dock owner's ability to navigate from or to his/her property or if electric
cables, gas lines or similar utilities could be vulnerable to damage as a
result of anchoring;
(M) Lighted
signs and flashing lights on buoys will be discouraged unless seventy-five
percent (75%) of the property owners in the affected cove agree to the
application for lights. All property owners within two hundred feet (200') of
proposed lighted signs on buoys must agree to the placement of the lights. If
lighted signs or buoys are approved, affected property owners may, by petition,
request to have the lights removed. The Missouri State Water Patrol Buoy
Committee may not consider removal of permitted lights unless the petition to
remove the lights bears the validated signatures of twenty-six percent (26%) or
more of the current property owners in the permitted area. Shoreline property
owners within two hundred feet (200') of the permitted area may be included in
the revocation petition. Lighted signs and flashing lights may be required by
the Missouri State Water Patrol in some instances if deemed necessary for safe
navigation; and
(N) Approved or
required lights on buoys shall be solar white flashing lights. Approved or
required lights on signs shall be solar amber flashing lights.
(4) Modification(s) to an existing
buoy permit must be approved by the Missouri State Water Patrol. A request to
modify an existing permit may require a new application and hearing if the
modification would have a significant effect on boating traffic in the
immediate area as determined by the Missouri State Water Patrol. The Missouri
State Water Patrol shall determine if a permit modification requires a public
hearing. New applications must conform to the above rules. Modifications of an
existing permit for name or ownership change only, does not require a new
hearing. Permit holders are required to notify the Missouri State Water Patrol
if they have a change of address or transfer of property ownership.
(5) Buoy applications for the same general
area will be considered not more than two (2) times within any twelve (12)
consecutive month period.
(6) All
rejected buoy applications shall be granted one (1) appeal for the same
location. Appeal hearings will normally be held at Missouri State Water Patrol
General Headquarters in Jefferson City. Either the commissioner or the field
services commander will serve on the appeal board.
(7) A personal watercraft is by statutory
definition a vessel, which requires their operation to be in compliance with
all regulatory markers.
(8)
Temporary buoy permits for regattas, construction sites, etc., will each be
considered on their own merits.
(9)
It will be the responsibility of the permit holder to purchase, install and
maintain all approved buoys and signs. All approved buoys and signs must be
installed and in place from May 1 through Labor Day each year. Permitted buoys
and signs may remain installed or removed the remainder of the year. Buoys and
signs approved for new applications during the May hearings must be installed
within thirty (30) days of the approval date. The permit holder shall mark each
permitted buoy and sign with the permit number assigned by the Missouri State
Water Patrol. The permit number must be placed on each buoy or sign by a method
that is both durable and legible. Buoys and signs that cannot be identified by
visible permit number are subject to removal. All buoys must be reflective and
conform to the Uniform State Waterway Marking System as established by the
United States Coast Guard. The commissioner of the Missouri State Water Patrol
may revoke the permit of any permit holder upon failure to abide by these
rules. Upon fourteen (14) days written notice, the commissioner of the Missouri
State Water Patrol may revoke any permit if the permit holder fails to maintain
buoys, signs, markers and/or lights in proper placement or in a well-maintained
and legible condition. Buoys that have shifted in position because of water
level, boat waves or some force of nature and the buoy still performs the
purpose set forth in the application shall remain a legal navigation marker
unless determined otherwise by the commissioner.
(10) The Missouri State Water Patrol 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 Missouri State Water Patrol may approve or revoke regulatory markers and
navigational aids on any area of the waterways of this state when, in the
opinion of officials of the Missouri State Water Patrol, public safety will be
enhanced by the regulation or deregulation of boating traffic. The Missouri
State Water Patrol shall consider traffic density, traffic patterns, accident
data and other pertinent criteria prior to approval of an application or
revocation of a permit.
(11)
Nothing in this rule shall be construed to create in any other party any right
or entitlement to the privilege of placing such aids or markers or any legal
duty on behalf of the Missouri State Water Patrol to approve or disapprove any
request to place such aids or markers.
*Original authority: 306.124, RSMo 1969, amended 1985,
1989, 2002.
