If the division determines that use of a waterway by a seaplane poses an unreasonable risk to public health, safety, or property, the division or commission may withdraw approval or limit use of the waterway or make the use of the waterway subject to conditions, after following criteria set forth in this section. If considered necessary to protect public health, safety or property, the division may issue an interim order restricting the use of a waterway by a seaplane pending completion of the procedures in this section. In determining if a waterway is suitable for seaplane use, the division shall consider the following criteria:

1. (1) the safety and general suitability of the waterway for seaplane use;
2. (2) the impact of seaplane use on the use and enjoyment of the waterway and adjacent properties by other persons;
3. (3) the availability of suitable alternative waterways for seaplane use;
4. (4) the public interest in fostering aviation and allowing the use of navigable waterways for aviation and other purposes;
5. (5) whether competing interests may be balanced by imposing limitations or conditions on use of the waterway by seaplanes; and
6. (6) any other factor which reasonably would be affected by a decision to allow seaplane use notwithstanding the local ordinance.

HISTORY: 2012 Act No. 270, Section 2, eff June 18, 2012.