PART III. OCEAN LEASING GENERALLY; PROCEDURES; PROVISIONS

 

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

(b)  The board shall not lease state marinewaters when existing programs of the department, such as the marine lifeconservation district program, shoreline fisheries management area program, orthe natural area reserve program will suffer adverse impacts as a consequenceof the proposed activities; provided that no lease shall be awarded withinstate marine waters designated as being necessary for national defensepurposes, as determined by the department in consultation with the appropriatefederal agencies.

(c)  The board shall not lease state marinewaters unless the board finds that a lease for the proposed activity, afterdetailed consideration of the present uses, is clearly in the public interestupon consideration of the overall economic, social, and environmental impactsand consistent with other state policy goals and objectives.

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

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

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