PART II. CONSERVATION DISTRICTS
§190D-11 Conservation district use application. (a) Any person desiring to lease state marine waters shall submit to the board an application for specific activities in any specific area or areas. Applications made pursuant to this chapter shall contain:
(b) The department shall process the application pursuant to chapter 183C. Within sixty days after the submission of a completed application with a request for a lease for marine activities in state marine waters and the receipt of the related environmental assessment or environmental impact statement, the department shall issue a public notice that the application has been received. The public notice shall describe:
The notice shall be given on three separate days statewide and in the county nearest the state marine waters for which application has been made. The public notice shall invite public comment.
(c) Notice of hearings shall be provided and hearings shall be conducted in accordance with department rules regarding applications. If the area described in the application adjoins any private property or adjoins or overlaps, above or below, any leased state marine waters, or if the proposed activity will affect the property or property rights of private property owners or lessees of state marine waters, the department also shall notify the owners or lessees of the adjoining, overlapping, or affected property. Notice shall be given in writing, by personal service or by registered or certified mail, and shall describe:
(d) The board shall consider in its evaluation of each application:
(e) The board shall not approve an application unless it finds that:
(f) The board may impose conditions so that the proposed use or extent of the area in which the proposed activity may take place is no greater than is required to conduct the approved activity properly. [L 1986, c 91, pt of §1; am L 1995, c 11, §8 and c 69, §6; am L 1998, c 2, §51; am L 1999, c 176, §§4, 11; am L 2002, c 203, §1]