461A.4 - CONSTRUCTION OF STRUCTURES AND OPERATION OF COMMERCIAL CONCESSIONS.

        461A.4  CONSTRUCTION OF STRUCTURES AND OPERATION OF      COMMERCIAL CONCESSIONS.         1. a.  A person shall not construct a structure including but      not limited to a pier, wharf, sluice, piling, wall, fence,      obstruction, erection, or building upon or over any state-owned or      state-managed land or water under the jurisdiction of the commission      without first obtaining from the commission a written permit.  A      permit, in matters relating to or in any manner affecting flood      control, shall not be issued without approval of the environmental      protection commission of the department.  A person shall not      construct or maintain a structure beyond the line of private      ownership along or upon the shores of state-owned or state-managed      waters in a manner to obstruct the passage of pedestrians along the      shore between the ordinary high-water mark and the water's edge,      except by permission of the commission.         b.  The commission shall adopt and enforce rules governing and      regulating the construction of a structure as provided in this      subsection.  The commission may prohibit or restrict its      construction, or order the owner to remove the structure, when the      commission determines that it is in the best interest of the public.      The commission shall comply with the provisions of chapter 17A when      issuing an order under this section.         2.  A person shall not operate a commercial concession in a park,      forest, fish and wildlife area, or recreation area under the      jurisdiction of the department without first entering into a written      contract with the department.  The contract shall state the      consideration and other terms under which the concession may be      operated.  The department may cancel or, in an emergency, suspend a      concession contract for the protection of the public health, safety,      morals, or welfare.  
         Section History: Early Form
         [C27, 31, 35, § 1799-b2; C39, § 1703.19, 1799.1; C46, 50, 54,      58, § 106.19, 111.4; C62, 66, 71, 73, 75, 77, 79, 81, § 111.4; 82      Acts, ch 1199, § 55, 96] 
         Section History: Recent Form
         86 Acts, ch 1245, § 1862, 1877; 88 Acts, ch 1192, §1; 90 Acts, ch      1108, § 1         C93, § 461A.4         2008 Acts, ch 1161, §6         Referred to in § 461A.5A, 461A.5B, 461A.6