Encroachment Information

Private Docks are the most common type of encroachment on Tribal Waters. Through this page you can map the location and see a description of any encroachments currently permitted by the Coeur d’Alene Tribe. In addition you will find several helpful links for owners or potential owners of encroachments as well as recreational users of the Lake. Take note of your Encroachment Number which can be found on the end of your encroachment or on a previous permit or annual renewal notice. Your Encroachment Number will be used to search encroachment data using the link below.

As a reminder pursuant to Coeur d’Alene Tribal Law and Order Code, Chapter 44-8.01(D)(1 & 2): (1) All encroachments on Tribal submerged lands and waters are specifically prohibited and considered an unlawful trespass unless there is a solid permit and lease currently in effect for the encroachment. (2) Application must be made to the Tribe for a permit and lease for all encroachments… Application and lease is required regardless of whether the encroachment is a pre-existing encroachment, a new encroachment or the alternation or repair of an existing encroachment. Any violations of such code may result in the un-permitted encroachment deemed a trespass on Tribal Land, removed, and a subsequent fine assessed for each violation.

Any person installing, upgrading or modifying an encroachment on Tribal Waters or involved in any work on submerged lands must have express written permission by the Tribe prior to bringing an encroachment on Tribal Waters or engaging in any construction activities. If you anticipate engaging in these activities you are encouraged to apply 90 days in advance to allow for adequate time to review the application. Please follow all instructions outlined on the Encroachment Application page. Prior to completing your encroachment application please review the Encroachment Standards  to ensure compliance with standards of proposed designs. Incomplete applications will delay processing time

Change of Ownership

If the ownership of the property, dock, or other permitted encroachment changes, the Coeur d’Alene Tribe Lake Management Department must be notified. If the property is transferred to a new owner, the existing permit also can be transferred to the new owner. Upon transfer of permit the new owner accepts responsibility to adhere to all Encroachment Standards set forth by the Coeur d’Alene Tribe. Fees to transfer permits are shown on the fee schedule above. A permit can be transferred by completing the Change of Ownership Application and mailing it along with the applicable fees to the Lake Management Department. Change of Ownership Application must be submitted to the Lake Management Department within 30 days of transfer of property ownership. If a dock is sold and moved to a different property, an application must be submitted and approval in writing from the Lake Management Department is required for the new dock at the new location prior to placement of the dock. The existing permit number stays with the property and must only be removed and transferred by Lake Management Department. It does NOT move with the dock.

Moratorium and Encroachments Inventory

A temporary moratorium on the construction of new encroachments, including docks, was placed in April of 2003. The intent of that moratorium was for the expressed purpose of providing time to complete an inventory of all existing encroachments and to develop Tribal Encroachment Standards. There was no time frame associated with completing the inventory but it was expected to take three years to complete. The function of a comprehensive inventory was to describe the current conditions so that the Tribe could move forward with developing a long-term strategy for managing the growth of private structures on Tribal Waters in a manner that was protective of the Lake, human health and safety, assuring all docks are were in good condition and enhanced property values.
Information collected during the inventory included: type and condition of dock floatation and decking, number and condition of pilings, size and configuration of dock, number of slips per dock, and dock density. Additional information collected regarding commercial operations, boat garages, and floathomes included: water use, septic system construction, and the storage and use of petroleum and other hazardous chemical products in the vicinity of the Lake.

The additional task of developing formal Encroachment Standards relevant to all encroachments; docks, floathomes, boat garages, etc. within Tribal Waters on Coeur d’Alene Lake was completed through a cooperative effort with multiple impacted lake user groups and state and federal government agencies. On June 30, 2005 the Tribe formally adopted those Standards. These standards will address all forms of encroachment on Tribal Waters, many of which were not yet identified and addressed in the interim standards in place during the moratorium. Applications for new docks will be accepted and approval will occur under the well-defined conditions outlined within the Encroachment Standards.

Encroachment Standards Development

The Encroachment Standards are intended to allow use of Tribal Waters under well-defined conditions as stated in Tribal Code. Encroachment structures are allowed only when they support an historic use that requires a structure and that the Tribe wishes to continue or a new use that provides a benefit to the public or the Tribe.
In recognition of the various interests and uses of Tribal Waters by non-members the Tribe chose to invite several local user groups and entities to be involved in the development of the Tribal Encroachment Standards, this group was later termed the Standards Advisory Group (SAG). The SAG was a very important part of development, consisting of 14 members that would be directly affected by the Encroachment Standards. Local entities represented included commercial dock builders, commercial marinas, Idaho Department of Lands, Idaho Parks and Recreation, local lake shore associations including Coeur d’Alene Realtors’ Association and Coeur d’Alene Home Owners Association, several community dock members, individual dock owners, Coeur d’Alene Tribe Lake Management Department staff and members of the Lake Management Board. Four meetings were held on a weekly basis in March, input provided by all members in attendance was incorporated into pertinent sections within the Standards and a preliminary draft was prepared for proposal to the Lake Management Board.

The Draft Encroachment Standards were presented to the Lake Management Board on April 11, 2005. After a brief comment period, Board Member comments were incorporated into the final draft. As stated above the Encroachment Standards were then presented to the Coeur d’Alene Tribal Council on June 30, 2005 and adopted.