1. 1. Except as otherwise provided in NRS 488.263, a person shall not place any mooring buoy in any waters of this state, other than the Lake Mead National Recreation Area, without a permit issued by:

   1. (a) The Division of State Lands of the State Department of Conservation and Natural Resources, if the mooring buoy is to be placed in navigable waters.
   2. (b) The Department, if the mooring buoy is to be placed in any other waters.
2. 2. The Division of State Lands shall transmit a copy of each application for a permit for the placement of a mooring buoy in the navigable waters of this state to the Department as soon as practicable after receipt.

3. 3. Upon receipt of such a copy, the Department shall review the application to determine whether the placement of the buoy is in the best interests of the State. To determine whether the placement of a mooring buoy is in the best interests of the State, the Department may consider the likelihood that the buoy will:

   1. (a) Interfere with navigation.
   2. (b) Become a hazard to persons or wildlife.
   3. (c) Have any other detrimental effect on the body of water in which it is placed.
4. 4. If the Department determines that the permit should be denied, the Department shall submit such a recommendation to the Division of State Lands and provide a brief summary of the reason for the recommendation within 30 days after the date on which the application was transmitted.
5. 5. If the Division of State Lands does not receive a recommendation for the denial of the permit from the Department within the 30-day period provided in subsection 4, the application shall be deemed to be approved by the Department.

(Added to NRS by 1993, 861; A 2003, 1574)