002.01.23 Ark. Code R. § 042 - K1.01 - POLICIES ON LAND USE AROUND ARKANSAS GAME AND FISH COMMISSION
By Order of the Arkansas Game and Fish Commission
Updated April 23, 2020
POLICIES ON LAND USE AROUND
ARKANSAS GAME AND FISH COMMISSION LAKES
*Be sure to review the Arkansas Game and Fish Guidelines for Resolving Real Estate Encroachments (Section 10.8) and the AGFC Fishing Guidebook
The Arkansas Game and Fish Commission (the Commission, AGFC) has built many lakes throughout the state in an effort to provide fishing for the citizens of Arkansas. The Game and Fish Commission controls, manages and maintains these lakes within the established boundaries of ownership. Around each Commission-owned lake a state boundary of ownership exists. The size and extent of the state-owned boundary varies depending on the lake. These lands are necessary to provide for fluctuating water levels, to control and protect the public investments and to insure public use and access to the shoreline of these lakes. The Commission attempts to maintain boundary markings, however if construction and/or land-clearing activities are anticipated, it is the landowner's responsibility to locate all boundaries by a survey based on the metes and bounds land description.
Piers, boathouses, boat slides, and irrigation units must display the Arkansas Game and Fish Commission permit number on the structure. Permit numbers must be a minimum of 3 inches in height. Along with issuance of the permit, you will receive a metal placard and a colored registration sticker for each boathouse, boat slide, pier, or irrigation pump. The permit numbers shall be placed on the left side of the placard and the registration sticker shall be placed to the right of the permit numbers on the placard. Permit numbers must be clearly visible, legible and of a color that contrasts with that of the metal placard. The placard must be placed on the side of the structure facing the center of the lake, making it visible at all times. Boat slides and irrigation units must have the placard attached to a 4"x 4" post that is securely set in the ground, as a part of or near the structure. The placard must also be placed at least 3 feet above the ground or normal water elevation of the lake. The metal placard cannot be placed on doors. Upon renewal of the permit, you will receive a new registration sticker to place on the placard. If a placard must be replaced, contact the Licensing Division at 833-345-0398.
* Pier, boathouse, or boat slide fee (for each structure): $30.00, except on Lake Conway only this fee shall be $0.00 from September 1, 2023, until September 1, 2028, due to the lake being drawn down for maintenance (all other Policy requirements remain in effect)
* Irrigation Permit fee (Fee required only if you do not have a boathouse and/or pier. Metal placard must be placed on a post near the irrigation unit. Refer to Section 4.6): $30.00
* Metal Placard(s) fee (For use on boathouses/boat slides/piers/irrigation units. This fee covers all required metal placards for each landowner.): $25.00
* Replacement placard fee: $5.00 per placard
Boathouses |
Piers |
Irrigation using lake water (Permit required only if you do not have a permitted boathouse and/or pier) |
Shoreline Stabilizations |
Herbicides and Pesticides |
|
Dredging for Boat Access |
Deepening the Shoreline |
|
Boat Slides |
A 404 permit may be required from the U.S. Army Corps of Engineers (USACOE) depending on the size and scope of stabilization work requested. Contact your local USACOE office to determine if the permit is required.
Only approved materials may be used for stabilization work. Approved materials consist of: riprap placed over landscape fabric; cedar revetments, log cribs and vegetative cover. You must have AGFC approval for placement of any fill material on the lake management buffer. The Arkansas Stream Team Program has further guidelines for acceptable stabilization work. Call your local District Fisheries Supervisor for more information.
No other manipulation of the shoreline will be permitted. It is not permissible to:
Boathouses, piers and boat slides may only be built using plans available from the Arkansas Game and Fish Commission and with approved materials. No other designs and material will be allowed for construction on Commission property. Plans for: floating boathouses, floating piers, fixed boathouses, fixed piers, and boat slides are provided. Commercially made piers, boathouses, and boat slides will be approved if they fall within the allowable dimensions. Framing of commercially made piers, boathouses, and boat slides may be made of galvanized metal.
Piers, boathouses and/or boat slides are the sole property of the permit holder and may be locked or gated at the entrance. Permit holders bear all responsibility and liability for upkeep and any injury resulting from the use of the structure.
Boathouses may be either fixed or floating. Boathouses shall not exceed 24 feet in length and 16 feet in width and shall not have a walkway from shore to boathouse longer than 16 feet in length and 8 feet in width. Roofing is required on boathouses and shall be metal. Sheathing to enclose the boathouses is optional and shall be metal in an earth toned shade. Inside dimensions of boat slip can be variable as long as the structure does not exceed 16 feet wide and 24 feet long. Sleeping, living or toilet facilities in boathouses are prohibited.
Boat slides must be permanently fixed to the shoreline and cannot be floating. Boat slides cannot completely cross the lake management buffer, and they cannot change the configuration of the shoreline in any manner (digging/excavation is not allowed). Boat slides shall not exceed 20 feet in length and 8 feet in width. Handrails are allowed as long as they fit within the allowed dimensions. Roofs are not allowed on boat slides.
Placement and extension of piers, boathouses and/or boat slides into the lake must not encroach on an imaginary extension of the landowner's existing property lines. No guide lines or cables may be affixed to the shore to stabilize a pier, boathouse or boat slide.
A hand-cranked or battery operated winch/come-along system is allowed on boathouses, boat slides and piers as long as it does not change the configuration of the structure and must be mounted on a post (minimum 4" x 4" pressured treated lumber).
Rollers for boat house lifts and boat slides shall be constructed of galvanized metal or plastic. Alternatively, runners constructed of 2" x 4" pressure treated lumber, covered with marine carpet may be used.
Water withdrawal for irrigation is prohibited when the lake elevation reaches 1.0 foot below normal lake elevation.
Walkways (non-elevated) Removing Dead Timber from AGFC lake management buffer Clearing brush
Planting trees and shrubbery
Fish attractors
Storage of any type of personal property |
Storage sheds |
Concrete slabs or patios |
Water wells |
Gardens |
Septic systems |
Fences |
Burning |
Cutting trees |
Discharges |
Doghouses |
(sections 5.3 & 5.4) |
Private boat ramps |
Satellite Dishes |
|
Livestock |
Permanently moored party barges |
|
Animal pens |
Light Poles (Section 4.5.3) |
|
Seawalls or Retaining Walls |
If you have any questions regarding whether your proposed activity is prohibited, please call the Fisheries Division at (501) 382-9071.
In accordance with Title II of the Americans with Disabilities Act (ADA), individuals with mobility disabilities are permitted to use wheelchairs and manually-powered mobility aids, such as walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities in any areas open to pedestrian use. Disability documentation is not required. (Reference §35.137 (Title II) and §36.331 Title III) Mobility Devices). A wheelchair is defined as a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor and outdoor locomotion. (Reference §35.104 and §36.104 - Definitions).
Violations of this policy may result in, but are not limited to, fines from $100 to $1,000 and the loss of permit privileges (refer to regulations provided below). Variances will only be considered under extraordinary circumstances and a written request must be sent to the District Fisheries Supervisor. Written approval for a variance must be received prior to commencing any construction or activity for which the variance is requested. Variances are intended to address needs for public safety and environmental health and not matters of private convenience. Upon the District Fisheries Supervisors review, written requests for any variances will be submitted to the Chief of Fisheries for approval.
It is unlawful to remove, dislodge or intentionally cause damage to any building, structure, sign, equipment or other property owned or controlled by the Commission.
PENALTY: Class 2
It is unlawful to operate any motorized vehicle on Commission-owned property where no maintained road exists.
EXCEPTIONS:
PENALTY: Class 1
It is unlawful to hunt or fish when and where a license, permit, tag or stamp is required without having on the person the appropriate license, permit, tag or stamp. It also is unlawful for any person to fail to comply with the terms of any Commission-issued license, permit, tag or stamp.
EXCEPTION:
Hunting (other than big game), (Code 01.00-C, "Big Game") or fishing with a valid confirmation or authorization number received from a telephone license order transaction (Confirmation or authorization numbers are valid for 14 days including the day of the telephone transaction.); or, a valid temporary license printed from an online license order transaction. (Temporary licenses are valid for 14 days including the day of the online transaction.)
PENALTY: Class 1
It is unlawful to fail to comply with the Commission's Policies on Land Use Around Arkansas Game and Fish Commission Lakes (Addendum K 1.01), including all permit and specification requirements for structures and activities. Specifically, it is unlawful to:
PENALTY: Class 1
Lake |
Elevation |
Distance (Feet) |
Atkins |
319.0' msl |
metes and bounds survey |
Barnett |
350.5' msl |
100 feet |
(379.5' msl flowage easement) |
||
Bentonville |
1276.0' msl |
metes & bounds survey |
(easement only) |
||
Bob Kidd |
1169.5' msl |
metes & bounds survey |
Cane Creek |
175.0' msl |
metes & bounds survey |
Charles |
280.0' msl |
50 feet |
Conway |
263.0' msl |
20 feet |
Cox Creek |
260.0' msl |
50 feet |
Crystal |
997.0' msl |
metes & bounds survey |
Elmdale |
1238.2' msl |
metes & bounds survey |
Frierson |
367.0' msl |
metes & bounds survey |
Gurdon |
222.0' msl |
metes & bounds survey |
Harris Brake |
280.0' msl |
metes & bounds survey |
Hindsville |
Shoreline |
highest level plus 50 feet |
Hinkle |
790.0' msl |
metes & bounds survey |
Horsehead |
670.0' msl |
contour plus 50 feet (no elevation) |
Jack Nolen |
520.0' msl |
metes & bounds survey |
Overcup |
307.0' msl |
50 feet |
Saracen |
207.0' msl |
metes & bounds survey |
Poinsett |
306.8' msl |
100 feet |
Sugar Loaf |
650.0' msl |
metes & bounds survey |
Tri-County |
194.3' msl |
50 feet |
Lower White Oak |
202.0' msl |
50 feet |
Upper White Oak |
212.0' msl |
50 feet |
Wilhelmina |
1006.0' msl |
50 feet |
* Normal pool elevation for Lake Overcup is 3.5 feet below the stated boundary line elevation. Normal pool elevation for Upper and Lower White Oak Lakes is 4 feet below the stated boundary line elevations. Landowner should consult with a licensed surveyor to determine the extent of ownership and precise boundary locations. The above is provided for reference only.
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September 18, 2014
The following guidelines are intended to assist Arkansas Game and Fish Commission ("AGFC or "the Commission") staff in identifying, classifying, and resolving encroachments on Commission real estate in a manner that appropriately balances the Commission's duty to wisely manage the property it holds in trust for all people of Arkansas with its desire to be a "good neighbor" to those with whom it shares a boundary.
DEFINITIONS
Closing Costs: All expenses associated with the Commission conveying property to a neighboring landowner to resolve an encroachment including, without limitation, attorney's fees, title search fees, appraisal fees, settlement fees, document preparation fees, and fees associated with clearing up any clouds on title that the encroachment caused.
Encroachment: Any structure, improvement, or other physical object that extends from private property onto adjoining Commission property without authorization by signed written agreement or easement acknowledged by the Commission.
Fair Market Value (FMV): The price that property would sell for on the open market between a willing buyer and a willing seller, with neither being required to act and both having reasonable knowledge of the relevant facts. Typically, an appraisal prepared in accordance with current Uniform Standards of Professional Appraisal Practice (USPAP) will be used to determine the price.
Flowage Easement: The legal right to submerge, flood, or overflow property.
Lake Management Buffer: The strip of Commission-owned land adjacent to AGFC lakes that the Commission deems necessary to provide for public access, flood control, and lake management. The width of the management buffer strip varies from lake-to-lake (typically between 20 to 100 feet wide) and either is described relative to a known elevation or in metes and bounds pursuant to a survey. (Refer to Appendix A for specific lake boundary descriptions; see also the current Policies on Land Use Around Arkansas Game and Fish Commission Lakes.)
Quitclaim Deed: A deed that passes any title, interest, or claim that the Commission may have in property while neither professing that such title is valid, nor containing any warranty or covenants for title.
Residence: A person's home, which may include a garage that is attached or detached but architecturally-similar to the home.
Survey Costs: All expenses associated with the boundary survey work conducted by a Commission- approved, Arkansas-licensed professional land surveyor to resolve an encroachment by a neighboring landowner.
OVERVIEW
Addressing encroachments on Commission real estate pursuant to these guidelines is a three-step process. First, AGFC staff should be vigilant to identify suspected encroachments and confirm that they are indeed on Commission property. Second, AGFC staff should preliminarily classify the confirmed encroachment as a Level 1, Level 2, or Level 3 encroachment. Third, based on the particular classification of the encroachment, AGFC staff should either directly address the encroachment (e.g., Level 1) at the division level or propose a specific resolution to the Director and, when appropriate, the Commissioners for approval to proceed. The three steps are detailed below.
STEP 1: IDENTIFICATION OF ENCROACHMENTS
Normally, suspected encroachments will be brought to the Commission's attention either internally from AGFC field staff or externally by a landowner who has contacted the Commission requesting resolution of an encroachment. To aid in identification and prevention of encroachments, all boundaries between AGFC property and private property should be surveyed and visibly marked wherever possible (examples of acceptable markers that can be used for future boundary marking around AGFC lakes or WMAs are shown in Appendix B). Existing land surveys of AGFC properties generally are recorded in the county land records (i.e., at most county courthouses) where they are available for public inspection; copies of AGFC surveys also can be obtained by contacting the AGFC Real Estate Officer at the Little Rock Headquarters. These land surveys, along with AGFC deeds, are the primary source for identification of property boundary lines and points of reference. AGFC field staff in the Education, Enforcement, Fisheries, Operations, and Wildlife Management Divisions should regularly monitor the Commission's boundaries at their assigned locations to check for possible encroachments, as well as any missing or damaged boundary markers.
Upon discovery of a potential encroachment, AGFC staff should document it in writing with photographs and immediately report it through the appropriate management chain of command. Additionally, the same information should be reported for all Level 2 and Level 3 encroachments to the Legal Division and the AGFC Real Estate Officer in the Construction, Engineering and Real Estate Division. Where necessary, AGFC surveyors should assist in establishing the Commission's boundary line to confirm that the suspected encroachment is, in fact, on Commission property. Once an encroachment has been identified, AGFC field staff should arrange, whenever possible, to have personal communication (e.g., in-person site visit) with the landowner to try to amicably resolve the encroachment, as well as provide a written letter to confirm the circumstances.
STEP 2: CLASSIFICATION OF ENCROACHMENTS
In consultation with the Legal Division and AGFC Real Estate Officer, the Commission division responsible for the particular real estate (i.e., Fisheries for lakes and boat accesses, Wildlife Management for wildlife management areas, Education for nature and education centers, Operations for regional and field offices, and Enforcement for the training center) should preliminarily classify a confirmed encroachment as Level 1, Level 2, or Level 3.
Level 1 (Moveable Encroachment). In the sole discretion of the Commission, this classification may include, without limitation, the following situations or circumstances:
* An encroachment that consists of a non-permanent, readily moveable structure, improvement, or other physical object (regardless of whether placed or caused by a current or previous landowner).
* Any encroachment that is not essential to the primary function of a residence.
* Examples include, but are not limited to: fences, storage buildings, sheds, barns, free-standing carports, prefabricated buildings, mobile homes, unpaved (e.g. dirt or graveled) driveways, above- ground swimming pools, satellite dishes, gazebos, stand-alone decks, elevated walkways, animal pens, deer stands, duck blinds, private boat ramps, sea walls, moored boats, trailers, RVs, vehicles, livestock, gardens, flower beds, fire pits/burn barrels, light poles, utility poles for outdoor sources, propane tanks, flag poles, bird houses, water pumps/fountains, picnic tables, chairs, swing sets, tents, stacked fire wood, dirt/rock piles, yard art items, signs, trash, or personal property.
* Any structure that is required by the Commission to have a permit (e.g., boat house, pier, boat slide, etc.) and (1) has never been permitted or is no longer permitted by the Commission, or (2) has been determined by AGFC field staff from outward appearance of its condition to be neglected and/or abandoned. (See e.g., current Policies on Land Use Around Arkansas Game and Fish Commission Lakes.)
Level 2 (Minor Non-Moveable Encroachment). In the sole discretion of the Commission, this classification may include, without limitation, the following situations or circumstances:
* An encroachment that consists of a structure, improvement, or other physical object that (a) basically is non-moveable and designed to be permanent or long duration (e.g., more than twenty-five years); (b) is essential to the primary function of a residence; and (c) originated as a result of the adjacent landowner purchasing the property and obtaining a survey which, through no fault of the landowner, failed to correctly identify the AGFC property boundary.
* Examples of situations include, but are not limited to: the purchase of a subdivision lot where the subdivision developer originally laid out the lot partially on Commission property such that subsequent lot purchasers were unaware of the problem; the reasonable reliance of a landowner upon a legitimate, but incorrect, land survey and awareness of the problem did not result until after a new survey revealed the Commission's actual boundary.
* Examples of structures/improvements/physical objects include, but are not limited to: residences, porches/decks or garages directly attached to a residence, detached garages or guest houses architecturally similar to a residence, septic systems, and paved (concrete or asphalt) driveways. In some instances, these may also include air conditioning units, propane tanks, utility poles, concrete slabs, and driveways, but only if they are essential to service a residence and no other location is reasonably available to the landowner.
Level 3 (Major Non-Moveable Encroachment). In the sole discretion of the Commission, this classification may include, without limitation, the following situations or circumstances:
* An encroachment that consists of a structure, improvement, or other physical object that basically is non-moveable and designed to be permanent or long duration (e.g., more than twenty-five years) that (a) was constructed, remodeled, or expanded by an adjacent landowner (or his or her predecessor) contrary to an existing land survey of record, or without first obtaining a land survey, contacting the Commission in writing, or otherwise taking customary precautions before undertaking the construction, remodeling, or expansion; (b) crossed a Commission boundary that was visibly marked at the time; or (c) resulted from intentional, flagrant, or grossly negligent action by the landowner or the landowner's predecessor.
* Any non-moveable encroachment not classified as Level 2.
STEP 3: RESOLUTION OF ENCROACHMENTS
As a general rule, for all encroachments - whether classified as Level 1, Level 2, or Level 3 - that are new (i.e., originate after the effective date of the official adoption of these guidelines by the Commissioners and Director) and that take place despite the existence of a duly recorded land survey correctly identifying the AGFC boundary line for the real estate, the proposed resolution should be strict "no-tolerance," and the landowner should be notified in writing that the encroaching structure, improvement, or other physical object must be removed from Commission property to the landowner's property promptly (e.g., within 30 days, or longer if justifiable under the circumstances). This rule is based upon the fundamental principal that every landowner is expected to exercise due diligence to ascertain the boundary lines he or she shares with adjoining neighbors prior to constructing or placing on the land a structure, improvement, or other physical object that could encroach onto a neighbor's property. Such due diligence necessarily includes making a physical inspection to visually identify marked boundaries, plus consulting with a professional land surveyor and/or referencing existing land surveys that are recorded in the county land records. Therefore, in any new instance after adoption of these guidelines where a current or previous landowner causes an encroachment across an AGFC boundary due to lack of due diligence on the part of such landowner, the Commission's normal resolution will be full and prompt removal of the encroachment.
Where an encroachment has been identified by AGFC staff and involves an uncooperative landowner, the Commission will pursue its available legal remedies to the maximum extent permitted under the law.
In the more typical situation where a landowner has approached the Commission requesting resolution of an encroachment that originated before the official adoption of these guidelines, the following steps normally should be followed.
CONCLUSION
These guidelines are to be consistently followed by AGFC staff whenever possible; however, the Commission also recognizes that there may be instances in which unique circumstances could necessitate deviation from them. Any such deviation should occur only after consultation with the Director and the Commissioners.
After final adoption of these guidelines, AGFC staff will develop Standard Operating Procedures (SOP) consistent with these guidelines for the purpose of providing standard practices and procedures for implementation (see draft SOP in Appendix C). Additionally, the AGFC Real Estate Officer periodically (approximately every 3 to 5 years) will review the guidelines and SOP provisions, in consult with the Administrative, Education, Enforcement, Fisheries, Legal, Operations, and Wildlife Management Divisions, and propose any revisions that may be needed. Any revisions to these guidelines ultimately must be presented to the Director and Commissioners for final approval before taking effect (the SOP, however, may be revised by AGFC staff subject to approval by the Director).
APPENDIX A
COMMISSION-OWNED LAKES - BOUNDARIES
Lake |
Elevation |
Distance (Feet) |
Atkins |
319.0' msl |
metes and bounds survey |
Barnett |
350.5' msl |
100 feet |
(379.5' msl flowage easement) |
||
Bentonville |
1276.0' msl |
metes & bounds survey (easement only) |
Bob Kidd |
1169.5' msl |
metes & bounds survey |
Cane Creek |
175.0' msl |
metes & bounds survey |
Charles |
280.0' msl |
50 feet |
Conway |
263.0' msl |
20 feet |
Cox Creek |
260.0' msl |
50 feet |
Crystal |
997.0' msl |
metes & bounds survey |
Dr. Lester Sitzes III, Bois d'Arc |
________ |
________ |
Elmdale |
1238.2' msl |
metes & bounds survey |
Frierson |
367.0' msl |
metes & bounds survey |
Gurdon |
222.0' msl |
metes & bounds survey |
Harris Brake |
280.0' msl |
metes & bounds survey |
Hindsville |
Shoreline |
highest level plus 50 feet |
Hinkle |
790.0' msl |
metes & bounds survey |
Horsehead |
670.0' msl |
contour plus 50 feet (no elevation) |
Jack Nolan |
520.0' msl |
metes & bounds survey |
Overcup* |
307.0' msl |
50 feet |
Saracen |
207.0' msl |
100 feet |
Poinsett |
306.8' msl |
100 feet |
Sugar Loaf |
650.0' msl |
metes & bounds survey |
Tri-County |
194.3' msl |
50 feet |
Lower White Oak* |
202.0' msl |
50 feet |
Upper White Oak* |
212.0' msl |
50 feet |
Wilhelmina |
1006.0' msl |
50 feet |
* Normal pool elevation for Lake Overcup is 3.5 feet below the stated boundary line elevation. Normal pool elevation for Upper and Lower White Oak Lakes is 4 feet below the stated boundary line elevations.
Note: Landowners should consult a licensed land surveyor to determine the extent of ownership and precise boundary locations. The above is provided for reference purposes only.
Definitions:
MSL (Mean Sea Level) : A measurement of the average height of the ocean's surface that is used as a standard in referencing land elevation.
Metes and Bounds Survey:A metes and bounds survey is a survey of land by references to courses and distances around the tract (e.g. "Thence North 40 degrees West 1320 feet to a 1" pipe"), as opposed to a description of a tract of land within a subdivision (e.g. "Lot 6, Wooded Hills Subdivision"). A metes and bounds survey is typically seen in rural or non-urban areas, such as around AGFC lakes and WMAs.
APPENDIX B
AGFC BOUNDARY MARKERS
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APPENDIX C
STANDARD OPERATING PROCEDURES (SOP) FOR RESOLVING AGFC REAL ESTATE ENCROACHMENTS
September 18, 2014
GUIDELINES
1) Commission Division staff from Fisheries, Wildlife Management, Enforcement, Education and Operations are responsible for inspecting, identifying, and reporting encroachments found on Commission real estate, under their management, within their respective duty stations.
2) It is a goal that all Commission properties have a completed land survey. For Wildlife Management and Fisheries real estate pertaining to AGFC-owned lakes and WMAs, these properties should have a completed land survey with the property boundaries being visibly marked using a Commission approved boundary marker. The AGFC Land Surveyors should submit annual budget requests to have these properties surveyed and visibly marked if one or the other has not already been completed for the property.
3) For Fisheries and Wildlife Management Divisions: In most circumstances all survey pin locations should be visibly marked. However, there could be a situation where not all survey pins should be visibly marked. Example: An AGFC-owned lake has a survey based on a specific elevation that follows a contour line. The property boundary curves sharply out on a peninsula of the lake. An adjacent landowner lives within close proximity to the Commission property boundary in that location. Numerous visible markers, within close proximity to each other, are required to identify all survey pins. In this instance, Division staff should use professional judgment to determine the minimum number of visible boundary markers that could be used to identify the property boundary in that location. (Adjacent landowner's and AGFC staff should always reference the AGFC land survey as a primary source when locating the property boundary) Property boundaries that have been surveyed and visibly marked must be comprehensively inspected, approximately every 5 years, to replace any markers that may be missing or damaged.
4) Division staff are responsible for maintaining detailed records and photographs of all encroachments documented on their respective properties. Formatting of these records are to be consistent across all Divisions, by using a standardized data base titled "Encroachment Violation Data Base," which can be found under "Forms and Templates" on the Commission's Intranet. These data bases should be backed up annually into a folder in the Commission's Share Dive by December 31st, and include photographs of all encroachment.
5) Comprehensive WMA or AGFC-owned lake real estate encroachment inspections may only be conducted if the property has a completed land survey and the property boundary has been visibly marked. If numerous encroachments are evident, the respective Division staff should make a concerted effort to first notify and educate adjacent landowners of the Commission's plans to resolve encroachments on the specific Commission property. This can include public meetings, radio announcements, newspaper articles, AGFC AO Newsletter articles, posting fliers at access areas and project signs, personal contact, etc. The respective Division Chief should first be notified of the intent to conduct comprehensive inspections. Timing of comprehensive inspections should be coordinated across Divisions to ensure Commission Real Estate and Legal staff are not over obligated and can efficiently handle the predicted number of encroachment issues at one time.
RESOLVING ENCROACHMENTS ON PROPERTY WITH A LAND SURVEY AND VISIBLE BOUNDARY MARKERS
Upon suspecting a potential encroachment, the following procedures should be followed:
1. A site visit to identify an encroachment should be made by the Division staff responsible for managing the specific Commission property, and in most cases, a Wildlife Officer should accompany staff making the inspection.
2. A photograph of the encroachment along with a detailed description of the encroachments should be documented and logged into the Encroachment Violation Data Base.
3. The respective Division staff should then classify the encroachment as a Level 1, 2, or 3 based on "AGFC Guidelines for Resolving Real Estate Encroachments."
Level 1 Encroachments:
1. Level 1 encroachments can be resolved at the Division level. If identified as a Level 1 encroachment, a site visit should be made with the adjacent property owner to discuss the removal of the encroachment. This site visit should be made with the company of a Wildlife Officer. A violation letter along with a copy of the AGFC Guidelines for Resolving Real Estate Encroachments should be handed to the landowner during the inspection. The respective Division staff are responsible for writing the letter, which should be generic in form and message, and should include: name of landowner, address adjacent to encroachment, date, notice to remove encroachment, a detailed description of each encroachment, grace period landowner has to remove encroachment, etc.
2. If a landowner cannot be contacted in person, then the violation letter should be mailed via certified mail by the respective Division staff (certified letters should include a mail delivery receipt, which should be signed by the landowner upon receipt and mailed back to the sender).
3. A follow up inspection should be made by appropriate Division staff at the expiration date of the grace period. If a certified letter was mailed to the landowner, then the grace period will start on the date the landowner signed for the certified letter. At that time, if the encroachment still exists, a Wildlife Officer should be notified and appropriate legal measures should be taken with the landowner to remove the encroachment.
4. If in the event, either a landowner cannot be identified or contacted, or the landowner is determined to not be physically and financially capable of removing the encroachment, it will be up to the respective Division Chief to decide if further legal action should be taken or if the Commission should pay to remove the encroachment.
5. All records including photographs of each encroachment, dates of attempted contact, date violation letter was delivered to landowner, notes regarding contact with private landowners and legal actions taken should be noted in the Encroachment Violation Data Base.
Level 2 and 3 Encroachments:
1. Division staff should identify and document the encroachment if an adjacent landowner does not first approach the Commission with the issue. If classified as a Level 2 or 3 encroachment, the appropriate Division staff should at a minimum get a name and mailing address associated with the adjacent property and submit that information to the Legal Division's Chief Counsel and the AGFC Real Estate Officer for perusal.
2. The AGFC Real Estate Officer is responsible for coordinating with the responsible Division staff, Legal Division, and private landowner to submit the prior written approval from the appropriate federal or state agency regarding federal grant assistance pursuant to the Wildlife or Sportfish Restoration Programs used to purchase the AGFC property, boundary survey, preliminary classification, and proposed resolution for all Level 2 and 3 encroachments to the Director and the Commissioners for approval.
3. Level 2 and 3 encroachments must be handled at the Director and Commissioners level.
RESOLVING ENCROACHMENTS ON PROPERTY WITHOUT A LAND SURVEY OR VISIBLE BOUNDARY MARKERS
Upon suspecting a potential encroachment, the following procedures should be followed:
1. The appropriate Division staff should contact an AGFC Land Surveyor and set a time to identify and permanently mark the Commission property boundary in that location if only a legal description of Commission property is available. (EXCEPTION: Unpermitted or noncompliant boathouses, fishing piers, boat ramps, irrigation pumps and lines, shoreline modifications and similar violations of the Commission's Policies on Land Use Around Arkansas Game and Fish Commission Lakes that are clearly on Commission property without dispute will not require a property survey).
2. Once the Commission property boundary has been identified and visibly marked, follow the same procedures as previously outlined in this Appendix regarding identification, classification, and resolving all Level 1, 2, and 3 encroachments.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.