Sec. 08.08.05.03. Uses Permitted with a Buffer Strip Use Permit

A. An adjacent landowner who obtains a buffer strip use permit may:

(1) Make general, nonprofit recreational use of the buffer strip.

(2) Fish from the buffer strip if the person has a valid fishing license.

(3) Maintain vegetation on the buffer strip by mowing grass and lawn care, including seeding, trimming, and such other activities as are necessary for maintenance of the grass only.

B. Unless otherwise authorized by a special permit, a development permit, or a nonconforming use permit, a buffer strip use permittee may install mooring buoys and a boating or swimming structure, or both, if the following requirements are met. The permittee may:

(1) Install not more than one dock for swimming or boating, or both, with slip space for not more than three boats regardless of the amount of land fronting on the buffer strip owned by the permittee;

(2) Keep up to four boats on the lake, including boats that are docked and those that are moored, not more than two of which may be power boats, or three which may be a combination of power boats and personal watercraft;

(3) Keep not more than three powerboats on the lake; and

(4) Keep beach boats or vessels in addition to the four boats allowed under §B(2) of this regulation, that individually have a total weight, including the power source, of not more than 500 pounds.

C. Docks, and boating and swimming structures shall:

(1) Be nonpermanent and easily removable from the lake.

(2) Float or have wheels.

(3) Have securely fastened flotation devices that are nontoxic, nonpermeable, and nonhazardous to aquatic life. Containers previously used for toxic material are prohibited.

D. A drum used as a flotation device shall contain sufficient positive flotation material to keep the drum visibly afloat if it detaches from the dock.

E. Mooring buoys shall:

(1) Be nonpermanent;

(2) Be marked by polystyrene, plastic, or fiberglass flotation buoys not smaller than 500 cubic inches and not larger than 4,000 cubic inches;

(3) Be white with a blue belly band;

(4) Be marked with the owner's permit number; and

(5) Have no metallic portion within 2 feet of the water's surface, other than metal connecting rings or hardware.

F. Docks, boating and swimming structures, and mooring buoys shall be located within 100 feet of the shore, or within 1/3 of the distance to the opposite shore, whichever is less, unless otherwise approved by special permit.

G. From December 1 through April 1, all docks, boating and swimming structures, and mooring buoys shall be removed from the lake, and shall be secured to or removed from the buffer strip. Vehicles may be driven on the buffer strip to comply with this section.

H. A buffer strip use permittee shall be responsible for the repair and upkeep of a dock, boating and swimming structure, or mooring buoy that the permittee installs.