NAC445A.048. Construction of dock, pier or similar structure: Location; warning marker; identifying device.

     1. Unless otherwise permitted by the Department, a dock, pier or similar structure:

     (a) Must be constructed as closely to a right angle to the shore as possible; and

     (b) Must be constructed so as not to interfere with existing structures.

     2. A structure or facility for:

     (a) Commercial or industrial use must not be located closer than 25 feet from each adjacent property line extended lakeward at a right angle to the shore unless the Department has received written consent from the owner of the affected adjacent property.

     (b) Any use other than as a buoy or other than a use specified in subsection 2 must not be located closer than 10 feet from each adjacent property line extended lakeward at a right angle to the shore unless the Department has received written consent from the owner of the affected adjacent property.

     3. A buoy must not be:

     (a) Placed closer than 50 feet from another buoy.

     (b) Placed in the water at a depth greater than that necessary for safe accommodation of boats normally in use on Lake Tahoe.

     (c) Located closer than 20 feet from each adjacent property line extended lakeward at a right angle to the shore unless the Department has received written consent from the owner of the affected adjacent property.

     4. Except as provided in this subsection, a dock, pier or similar structure may extend only to a length that will allow access to the water depth necessary for boats customarily in use during a normal period of low water. If extenuating circumstances exist, the Department may allow an increase in the length or size of a dock, pier or similar structure.

     5. If the Department determines that a structure or facility might not be readily seen or might be a navigational hazard, it may grant a permit for the structure or facility upon the condition that a warning marker, approved by the Department, is installed on the structure or facility.

     6. A person shall not construct or place below the high water elevation of 6,229.1 feet, any swimming buoy, rope, fence or other barrier which hinders access to state land unless the Department determines that a safety hazard exists or a substantial public benefit will accrue from its construction or placement.

     7. A structure or facility must be designed and installed so that it will not be damaged by anticipated natural forces.

     8. The Department will issue an identifying device which must be installed on each permitted structure or facility within 30 days after the permit is issued.

     9. A public agency which is issued a permit pursuant to NAC 445A.028 to 445A.052, inclusive, shall permanently post at the site for which the permit is issued a statement specifying the public use and the conditions of use for that site.

     [Dep’t of Conserv. & Nat. Resources, Lake Tahoe Reg. §§ 3.3-3.11, eff. 10-30-79]—(Substituted in revision for NAC 445.060)