1. (1) A person may not place any permanent or anchored object on the waters of this state without written authorization by the division or a federal agency operating within its authority.

2. (2) Before placing a permitted water obstacle on a waterway, a person shall mark the permitted water obstacle with the owner's name in letters that:

   1. (a) consist of a contrasting color to the obstacle; and
   2. (b) are at least one inch in height with the letter width proportionate to the height.

3. (3) If a person intends to leave a permitted water obstacle on a waterway overnight, the person shall, before placing it on a waterway, mark the obstacle with lights that:

   1. (a) meet United States Coast Guard requirements;
   2. (b) float at least 39 inches above the water;
   3. (c) are of an amber or white color;
   4. (d) emit a minimum of 30 flashes per minute; and
   5. (e) are visible for up to one-half mile.
4. (4) If a permitted water obstacle is a buoy, the buoy must be self-righting and have a three-inch silver radar reflective band around its top.
5. (5) A person may not place a water obstacle on the waters of this state without a permit.

6. (6)(a) A person who places a water obstacle on a waterway pursuant to a permit shall abide by the permit's requirements.

   1. (b) A person who places a water obstacle on a waterway pursuant to a permit but fails to abide by the permit's requirements shall, upon notification by the division, immediately remove the obstacle from the waterway.
7. (7) A person who places a hazardous or unpermitted water obstacle on a waterway shall, upon notification by the division, immediately remove the obstacle from the waterway.
8. (8) The division may, at an obstacle owner's expense, remove a water obstacle from a waterway if the obstacle creates a hazard .

9. (9) The division may not be responsible for any damage incurred during removal of:

   1. (a) a hazardous water obstacle;(b) an unpermitted water obstacle; or
   2. (c) an obstacle placed in violation of the requirements set out in any applicable permit.
10. (10) A person who places a brine shrimp egg capture boom on the waters of this state shall adhere to the requirements of this Section and Sections R657-52-15 through R657-52-17.

KEY: boating

Date of Last Change: January 9, 2024

Authorizing, and Implemented or Interpreted Law: 73-18-4(1)(b)