Improve Navigability A significant goal of the Encroachment Standards is to protect reasonable access to Navigable Waters for both dock owners and other users alike. We want a standard that allows dock construction but does not infringe upon the use and enjoyment of Tribal Waters by other people interested in boating, fishing and other recreational activities. In addition recreational users on Coeur d’Alene Lake are encouraged to familiarize themselves with Tribal Law and Order Code regulating boating on Tribal Waters. Any person using the waters within the Coeur d’Alene Reservation is deemed to have consented to the jurisdiction and laws of the Coeur d’Alene Tribe.
|Like other owners of Navigable Waters (usually states and federal government), the Tribe regulates dock construction and maintenance on Tribal Waters. As with other resources that are made available to the public, a balance is required between different types of users and the owners of the resource. The mere existence of a dock removes some portion of the water from public access to the exclusion of all recreational users other than the dock owner. Our standards define the conditions under which this exclusionary use is allowed.
Non-conforming dock presents hazards to people and property
Environment – Environmental protection is enhanced by limiting the types of materials that are allowed to be used in dock construction and stored on docks. In particular, wood preservatives, fuel storage, and floatation material (see Encroachment Standards) are restricted to ensure that water quality and fish and wildlife habitat are not harmed. Construction location and size are also a consideration in areas that new construction or modification of existing encroachment would have negative impacts on fish and wildlife habitats.
Aesthetic Beauty and Property Values – Waterfront land ownership represents a significant investment. A neighboring dilapidated dock decreases everyone’s enjoyment of the resource and also reduces the value of surrounding development. Our program has developed Encroachment Standards with assistance from local individuals, groups and agencies for repair of dilapidated docks and an inspection program that ensures these nuisances will be identified and addressed.
Safety – Docks in poor condition can literally fall apart and their pieces disperse into open water. These create a property damage hazard for boaters and risk of personal injury to the recreating public. A well funded inspection program helps maintain high standards and reduce the risk to public safety.
Tribal Values – Most importantly, the standards must protect Tribal Values. To the Coeur d’Alene people Tribal Waters are more than a place to recreate. It is the setting that shaped Tribal culture, society and religion. It must be treated with respect by all who happen upon it.