1. (a) General. The board may lease coastal public lands:

   1. (1) to the Parks and Wildlife Department, or to any eligible city or county for public recreational purposes;
   2. (2) to the Parks and Wildlife Department, for management of estuarine preserves;
   3. (3) to any nonprofit, tax-exempt environmental organization approved by the board for the purpose of managing a wildlife refuge; and
   4. (4) to any scientific or educational organization or institution for the purpose of conducting scientific research.

2. (b) General conditions. Leases granted pursuant to these sections will be subject to the following policies, provisions, and conditions, in addition to those which may be considered by the board to be in the public interest.

   1. (1) The littoral rights of the adjacent upland owner will be protected.
   2. (2) Members of the public may not be excluded from coastal public land leased for public recreational purposes or from an estuarine preserve.
   3. (3) A county is eligible to apply for a lease for public recreational purposes of coastal public lands within its corporate boundaries for public recreational purposes.
   4. (4) Any lessee granted a lease for public recreational purposes may enter into contracts and franchise agreements to promote public recreation, subject to the approval of the board; however, no such contract or franchise agreement may authorize any commercial activity within 300 feet of privately owned littoral property without the written consent of the littoral owner of such property.

3. (c) Application. Any person desiring a lease of the surface estate of coastal public land will make application in writing to the board by submitting a lease application which will include the following:

   1. (1) the name, address, and telephone number of the person desiring the lease;
   2. (2) an adequate legal description of the land in which rights are sought;
   3. (3) a statement of the rights sought;
   4. (4) a statement of the purpose or purposes for which the land is to be used;
   5. (5) a description of the nature and extent of the improvements, if any, which will be made on the land;
   6. (6) an estimate of the time within which any improvements to be made will be completed;
   7. (7) such additional information as the board may consider necessary, including, in the case of any application for approval of construction, modification, repair, or removal of a structure, a description of all plans for any filling, dumping, dredging, or excavating to be done.
4. (d) Consideration of application. Upon receipt of the application and any additional information considered necessary by the board, the board may circulate it for review and comment to any member agency of the Interagency Council on Natural Resources and the Environment. The board will, upon receipt of application information and comments on the application, hold a board meeting to evaluate, consider, and hear testimony on the application. The board may issue, deny, or issue with qualifications a lease contract authorizing the requested public use.
5. (e) Criteria for decision. In processing a lease application or other instrument pursuant to this section, the criteria for making the determinations will include but not be limited to a consideration of the board's current policies, practices, and procedures in administering laws relating to coastal public lands.

6. (f) Issuance of lease. A lease, if granted by the board, will be subject to the procedural and substantive rules and regulations contained in this chapter in addition to those in the contractual agreement unless the board waives a particular regulation or condition.

   1. (1) The lease will be issued for such consideration, terms, and conditions as may be prescribed by the board.
   2. (2) Any structure on coastal public lands will be subject to inspection at any time by the board or their authorized representative.

   3. (3) An applicant, by accepting a lease to occupy or otherwise place a structure on coastal public lands or water surface areas, agrees and consents to comply with and be bound by the following additional terms and conditions:

      1. (A) to indemnify the lessor against any and all liability for damages to life, person, or property arising from the lessee's occupation and use of the area covered by the interest granted;
      2. (B) to keep the commissioner informed at all times of lessee's address;
      3. (C) that the allowance of the lease will be subject to the express condition that the rights granted will not unduly prevent or interfere in any way with the management, administration of, or the granting, either prior or subsequent to the lease, of other rights by the board of any part of the area included in the lease;
      4. (D) to pay to the General Land Office the necessary filing fees and other fees determined by the board to be adequate compensation for the use of coastal public lands.
7. (g) Renewals. Requests for renewals of leases will utilize the contract form and adhere to rules and regulations in effect at the time renewal is made. The renewal request must include the lease number and/or franchise agreement number and the date of expiration of the lease and any additional information considered necessary by the board.
8. (h) Assignment. Leases for public purposes shall not be assigned.

9. (i) Termination. Upon termination of any lease agreement, which is not reinstated by the board, the lessee shall, at the option of the board, within 120 days from said termination, remove all of lessee's personal property and all structures and manmade improvements authorized in the lease contract, provided all monies due have been paid. The lessee will take whatever measures as are necessary to restore the area involved as nearly as practicable to the same condition that existed prior to placement of any structure thereon, except as otherwise approved in writing by the commissioner.

   1. (1) The board may consent to premature termination of all or part of any contractual agreement under any of the following conditions:

      1. (A) if the intended operation under contractual agreement is halted by any other governmental agency and such action is not due to action or failure to act by the lessee; or,
      2. (B) if upon application for termination, the lessee has satisfied all conditions of the contractual agreement precedent to date of termination, unless otherwise waived by the board.
   2. (2) Failure to comply with these rules and regulations subjects the lease to termination by the board.

Source Note:The provisions of this §155.2 adopted to be effective January 1, 1976.