Ala. Admin. Code r. 220-6-.55

Current through Register Vol. 43, No. 1, October 31, 2024

Section 220-6-.55 - Lake Permit Regulation

(a) This regulation is adopted to comply with the provisions of Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975. The act requires the Department of Conservation and Natural Resources to adopt rules authorizing the use of vessels otherwise prohibited by the act in the following circumstances:

(1) Vessels needed for use on a temporary basis;

(2) Houseboats [defined in the act as either (a)"residence boats", defined in Section 33-6A-1(6) as "any structure used primarily for habitation located on any waters in the state, floating or supported totally or partially on pilings" or (b) recreational vessels that constitute a fully equipped dwelling similar in content to a mobile home, with a marine sanitation device, galley, and sleeping quarters)] that were licensed and in use on July 1, 2006, provided, that they meet all applicable standards for sewage discharges, are moored at a marina or other facility with a certified pump-out station or other approved means of sewage disposal, and are inspected annually; or

(3) Boats exceeding 30 feet 6 inches in length [not to include any boat covered by subdivision (2) of subsection (a) of the act] that was licensed and in use or that was on site and available for sale at a marina located on one of the lakes referenced in subsection (a) of the act on July 1, 2006.

(b) The owner of a vessel that may be permitted must submit an application that can be obtained from the Marine Police Division along with the appropriate fee to the Marine Police Division Headquarters. Except as otherwise provided herein for those vessels referred to in (a)(1) above, to meet requirements for approval, the owner must submit:

(1) proof that the vessel was in compliance with the boat registration laws of the State of Alabama on or after July 1, 2003 but not later than July 1, 2006, and that the vessel was placed in the water of the particular lake, or was in storage at or adjacent to the particular lake, at some point on or after July 1, 2003 but not later than July 1, 2006; OR

(2) [Applicable to boats referred to in (a)(3) above only] proof that the boat was on site and available for sale at a marina located on one of the subject lakes on July 1, 2006. Proof can be in the form of previous registration certificates, marine rental agreements, dealer invoices, past MSD inspections, or other proof that can be authenticated. Once originally approved, two stickers bearing lake-specific markings and a permit will be mailed to the applicant. The permit shall expire on December 31 each year and must be renewed annually by the vessel owner by mailing in the appropriate fee and an application for an approved vessel that can be obtained from the Marine Police Division. An approved vessel will not have to replace the decal each year but must obtain a valid permit. A valid permit must be onboard any vessel that is required to be permitted and such permit must be readily available for inspection.

(c) Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975, state that "recreational vessels greater than 26 feet 11 inches in length and rated by the manufacturer for or capable of a top speed in excess of 60 miles an hour shall be prohibited."

(1) Any vessel greater than 26 feet 11 inches in length referenced by this act that is witnessed by an enforcement officer to be exceeding 60 miles an hour shall be on the first offense issued a warning for being illegally operating on the lake and must not operate upon the lake until such time that the boat owner is able to provide written proof to the Marine Police Division that the vessel has been altered so that such vessel is incapable of a top speed in excess of 60 miles per hour. Such written proof must be notarized and signed by a manufacturer certified marine mechanic or technician, currently certified, stating what modifications were made to the vessel and that such modifications will make the vessel permanently incapable of exceeding 60 miles an hour. If written proof of modifications of the vessel (to assure that the vessel is permanently incapable of exceeding 60 miles per hour) is not received within 90-days of the date of warning, such vessel shall be considered in violation of Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975.

(2) Any vessel that has received a written warning and provided documentation that the vessel has been altered to make the vessel permanently incapable of exceeding 60 miles an hour that is witnessed by an enforcement officer to be exceeding 60 miles an hour shall be considered in violation of Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975.

(3) Any vessel which is otherwise determined to be rated by the manufacturer for or capable of a top speed in excess of 60 miles an hour shall be considered in violation of Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975.

(d)Definitions of Certain Terms: For the purposes of the administration and enforcement of Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975, the following terms shall be defined as follows:

(1) "Licensed on the effective date of this section" -Vessels complying with the boat registration laws of the State of Alabama on or after July 1, 2003 but not later than July 1, 2006.

(2)"In use on the effective date of this section" - The vessel was placed in the water of the particular lake, or was in storage at or adjacent to the particular lake, at some point on or after July 1, 2003 but not later than July 1, 2006.

(3)"Recreational vessel that constitutes a fully equipped dwelling similar in content to a mobile home"- A recreational vessel that has at least one dedicated sleeping area similar to that sleeping area in a mobile home, has a galley (which shall include a stove, refrigerator, and a sink), and has a marine sanitation device. Cuddy cabin boats are specifically excluded from this definition.

(e)Permits for Vessels on Lake Harris (Lake Wedowee), Lake Martin, and Weiss Lake. Permits shall be issued on a "per lake" basis. Permits shall be issued on or about January 1, 2009, or as soon as reasonably practical thereafter. The cost of each annual permit shall be $45.00. The cost for temporary permits shall be $10.00 per day. Permits for vessels may be transferred from one vessel owner to another for a permit transfer fee of $25.00. [Informational Note: Marine Sanitation Inspections required under § 33-6A-6, Code of Ala. 1975, are conducted at no additional charge until October 1, 2008.] All vessels required to be permitted must have such permit on board the vessel prior to operation on or after March 1, 2009.

(f)Method of Measurement of Length - For the purposes of the administration and enforcement of Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975, the length of vessels shall be determined by measuring the straight line distance from the bow to the lowest part of the transom, excluding bowsprits, outboard motor brackets, rudders, or other attachments, and excluding any swim platforms whether molded into the hull construction or otherwise. Notwithstanding the foregoing, the length of the vessel as shown on the current vessel registration shall be prima facie evidence of the length of the vessel for the purposes of the administration and enforcement of Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975.

(g)Determination of Temporary Need for Vessel Use - Determinations for any temporary need for use of vessels otherwise prohibited by the act shall be made on a case-by-case basis by the Commissioner of Conservation and Natural Resources, after receipt of written applications detailing the particular need and the nature and length of the proposed use of the vessel.

(h)Advisory Opinions Regarding Compliance - Persons with uncertainty as to compliance with the provisions of this regulation and/or with Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975, may obtain written advisory opinions from the Commissioner of Conservation and Natural Resources.

(i) The penalty for the violation of any provisions of this regulation shall be as provided by Section 33-6A-8, Code of Ala. 1975.

Ala. Admin. Code r. 220-6-.55

New Rule: Filed May 22, 2007; effective June 26, 2007. Amended: Filed July 25, 2008; effective August 29, 2008. Amended: Filed May 13, 2009; effective June 17, 2009.

Author: M. Barnett Lawley

Statutory Authority:Code of Ala. 1975, § 33-6A-3.1.