GOVERNOR Ralph DLG Torres on Monday signed into law House Bill 22-31 authorizing the Department of Public Lands to issue encroachment permits and charge fees for the use of public lands within 150 feet of the high water mark.
Authored by Rep. Joseph Leepan Guerrero, H.B. 22-31 is now Public Law 22-11.
Noting that DPL only has the authority to prohibit the erection of permanent structures on public lands within 150 feet of the high water mark, the measure will “specifically authorize the department to issue licenses and use permits and charge fees.”
The new law also allows DPL to grant encroachment permits, provided that the use does not interfere with the public’s access to public lands.
It states that “encroachment permits may be issued to persons who have a legal interest in adjoining property, and who are currently maintaining an encroaching structure, improvement, or other item, in exchange for a fee.”
“The encroachment must have been in place prior to the effective date of this Act. Any such permit may have a term of up to five years and may be renewed at the discretion of the department. The annual fee for any such permit shall not be less than 1% or not be greater than 4% of the fair market value of the public land on which the encroaching structure, improvement, or other item sits.”
P.L. 22-11 also allows DPL to promulgate rules consistent with the provisions of the measure.
Variety was told that the new law will apply to some hotels and restaurants.
