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(1) A water obstacle includes but is not limited to:

(a) pier;

(b) floating dock;

(c) platform;

(d) shoreline dock greater than 75 feet from shoreline;

(e) navigational aid;

(f) slalom course;

(g) jump/rail; and

(h) inflatable recreational equipment located greater than 75 feet from shoreline.

(2) No person shall place any permanent or anchored water obstacle on the waters of this state without a permit issued by the department or a federal, state, or county entity with authority. Water obstacles that are permitted by a federal, state, or county entity with authority are not required to obtain an additional permit from the department.

(3) All permitted water obstacles must be visibly marked with the owner's name with letters that are:

(a) a contrasting color to the object; and

(b) at least three inches in height with the letter width proportionate to the height.

(4) Each permitted water obstacle must be marked with lights if placed overnight and the marker lights:

(a) must meet United States Coast Guard requirements for marker lights;

(b) must float at least 39 inches above the water;

(c) must be an amber color flashing light that flashes a minimum of 30 flashes per minute and is visible for up to one-half mile; and

(d) if buoyed, the buoy must be self-righting and have a three-inch silver radar reflective band around the top.

(5) Placement of water obstacles without a proper permit or failure to abide the permit requirements constitutes a violation of commission rules and regulations and the water obstacles must be removed by the entity that placed the obstacle immediately upon notification. Water obstacles that create a hazard may be removed by the department at the owner's expense. Any damages incurred during removal by the department will not be the responsibility of the department.

History: 23-1-106, 87-1-303, MCA; IMP, 23-1-106, 23-2-525, 87-1-303, MCA; NEW, 2011 MAR p. 901, Eff. 5/27/11.

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