PART III. 
OCEAN LEASING GENERALLY; PROCEDURES; PROVISIONS



 



§190D-21  Leasing of state marine waters and
submerged lands for private uses.  (a)  The board may lease state marine
waters for marine activities upon compliance with section 171-53 and with the
concurrence of the director of transportation.  Leases may be issued only for
marine activities which are allowed pursuant to an approved application.  The
board shall make a determination that each lease is a commercial or
noncommercial lease.



(b)  The board shall not lease state marine
waters when existing programs of the department, such as the marine life
conservation district program, shoreline fisheries management area program, or
the natural area reserve program will suffer adverse impacts as a consequence
of the proposed activities; provided that no lease shall be awarded within
state marine waters designated as being necessary for national defense
purposes, as determined by the department in consultation with the appropriate
federal agencies.



(c)  The board shall not lease state marine
waters unless the board finds that a lease for the proposed activity, after
detailed consideration of the present uses, is clearly in the public interest
upon consideration of the overall economic, social, and environmental impacts
and consistent with other state policy goals and objectives.



(d)  The board shall not lease state marine
waters unless the board finds that the applicant for a lease has complied with
applicable federal, state, and county statutes, ordinances, and rules.



(e)  The board may require any person who has
obtained approval of an application for marine activities or the operation of
an OTEC facility in state marine waters to enter into a lease for the conduct
of those activities.



(f)  The board shall not approve an
application, if in so doing it would fail to protect the public's use and
enjoyment of the reefs in the state marine waters. [L 1986, c 91, pt of §1; am
L 1999, c 176, §§5, 11; am L 2002, c 203, §1]