R 322.1005 Agreements; department authorization; conditions.

Rule 5. Persons shall secure an agreement from the department to use patented and unpatented bottomlands for industrial and commercial wharfage and other private waterfront development. At a minimum, the following conditions shall be in all agreements: (a) Occupancy shall be governed by the terms of the act. (b) Maintenance operations and improvements shall be approved by the department and shall not interfere with the public trust in adjacent waters and rights of adjacent riparian owners. (c) At the time the agreement is terminated, all facilities and installations, including fills, shall be removed by the occupant to the satisfaction of the department. (d) Assignment of an agreement shall not be binding on the department, unless approved in writing by the department.