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  1. #1
    Moderator shawn alladio's Avatar
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    Lake of the Ozarks - MO.

    Buoys going bye-bye; Water Patrol schedules meetings for public comment


    Friday, April 4, 2008 9:27 AM CDT

    LAKE OF THE OZARKS, Mo. -- The Missouri State Water Patrol is about to put a permanent leash on lake residents wanting to use no-wake buoys to protect docks. The Water Patrol has scheduled April meetings to allow public input.

    SUMMARY OF SIGNIFICANT CHANGES TO THE PROPOSED BUOY GUIDELINES:

    INDIVIDUAL NO WAKE BUOY PERMITS WILL ONLY BE ISSUED FOR MARINAS, GAS DOCKS AND PUBLIC FACILITIES, OR AS DEEMED NECESSARY FOR PUBLIC SAFETY.

    ALL EXISTING BUOY PERMITS WILL BE HONORED, BUT MUST BE MAINTAINED AS SPECIFIED IN THE PERMIT, OR BE SUBJECT TO REVOCATION.

    EFFECTIVE JULY 1, 2008, BUOY PERMITS PREVIOUSLY ISSUED TO PRIVATE NON-MARINA DOCKS WILL NOT BE TRANSFERRABLE UPON A CHANGE OF OWNERSHIP TO THE PROPERTY. ADVERTISEMENT
    ALL APPROVED BUOYS MUST BE INSTALLED AND MAINTAINED FROM APRIL 1 THROUGH OCTOBER 1 OF EACH YEAR (PREVIOUS REQUIREMENT WAS MAY 1 THROUGH LABOR DAY).

    The Water Patrol will hold public meetings in April to allow lake area residents the opportunity to comment on the newly-proposed buoy regulations.

    The meetings will be held in a "workshop" style format to allow the public to see and hear the exact changes that are being proposed.

    Residents attending the meetings will be given the opportunity to provide input in writing, as well as discuss the topic with officials of the Missouri State Water Patrol.
    The public meetings will be held as follows:

    Kimberling City Community Center

    Kimberling City, MO

    April 19, 2008 5pm-8pm

    Warsaw Community Building

    Warsaw, MO

    April 23, 2008

    5pm-8pm

    Morgan County Library

    Versailles, MO

    April 25, 2008

    5pm-8pm

    Osage Beach City Hall

    Osage Beach, MO

    April 26, 2008

    5pm-8pm

    Pomme De Terre Corps of Engineer Project Office

    Pomme De Terre Dam

    April 30, 2008

    5pm-8pm

    2008 PROPOSED BUOY GUIDLINES

    (Bold denotes changes to existing regulations)

    Title 11—Department of Public Safety

    Division 80—Missouri State Water Patrol

    Chapter 5—Aids to Navigation and Regulatory Markers

    Proposed Buoy Guidelines

    [Effective April 30, 2004] Effective July 1, 2008


    PURPOSE: This rule (11 CSR 80-5.010) regulates the placement of aids to navigation and regulatory markers on the waterways of the state of Missouri to ensure that such aids and markers are uniform and promote the public safety and welfare.

    (1) All persons requesting permission to place or have placed an aid to navigation or regulatory marker as defined in section 306.124 RSMo on the waterways of the state of Missouri must submit a completed application form supplied by the Missouri State Water Patrol, PO Box 1368, Jefferson City, MO 65102-1368. All applications must be [submitted to] received by the Missouri State Water Patrol General Headquarters in Jefferson City at least [thirty (30) days before the date permission is requested] forty-five (45) days prior to the hearing date in which the application is to be heard. The application will be reviewed by the Missouri State Water Patrol at a public hearing after notice of the hearing has been published in the county paper at least ten (10) days before the hearing. Hearings will be conducted only once per month during the months of September, November, January, March and May. The commissioner of the Missouri State Water Patrol, or his/her designated representative, shall approve or disapprove all applications within a reasonable length of time after the conclusion of the hearing.

    (2) [Applications for buoys one hundred feet (100’) from a dock]-- Applications for marinas, gas docks and public facilities:

    a. Applications must include a copy of the applicant’s dock permit (306.903, RSMo);

    b. The application must include a diagram of the cove indicating the distance between the most lakeward portion of the applicant’s dock and the dock(s) or shoreline on the opposite side of the cove;

    c. The application must show the proposed placement of the buoys(s) requested in relationship to the applicant’s dock;

    d. Docks that are within two hundred feet (200’) of the applicant’s dock must be indicated on the diagram;

    e. “No Wake-Idle Speed” buoys will not be approved for docks that are less than three hundred feet (300’) from a dock on the opposite side of the cove due to constriction and increased potential for accidents;

    f. [Generally, private docks will only be permitted for one “No Wake-Idle Speed” buoy unless other circumstances exist]--Effective July 1, 2008, private non-marina docks will not be permitted “no wake-idle speed” buoys; and

    g. [Buoy placement will be centered one hundred feet (100’) out from the most lakeward portion of the applicant’s dock unless extenuating circumstances determined by the Missouri State Water Patrol dictate otherwise. Placement of buoys(s) must comply with the approved permit.] -- Any buoys permitted, will be placed, and maintained, as specified in the approved permit.

    (3) Applications to buoy the full width of a cove:

    a. All applications, including appeals, to regulate boating traffic for the full width of any portion of a cove shall be heard at the Missouri State Water Patrol Headquarters in Jefferson City;

    b. If the width of the cove is such that the distance between docks on opposite sides of the cove is in excess of four hundred feet (400’), the cove shall not be buoyed unless in the opinion of officials of the Missouri State Water Patrol the volume of boating traffic is significantly disproportionate to similar coves on the same body of water, or traffic accident data support the need for “No Wake-Idle Speed” buoys. If the distance between opposing docks is disputed, the applicant at his/her expense shall have an official survey conducted by a Missouri registered surveyor to determine the exact distance;

    c. Applications to buoy coves that have a distance of four hundred feet (400’) or less between docks on opposite sides of the cove must include a plot map of the cove with all affected owners names on their plot;

    d. The applicant is responsible for submitting proof of property ownership and documentation that seventy-five percent (75%) or more of property owners in the affected area are in agreement by including with the application a petition signed by at least seventy-five percent (75%) of property owners and a photocopy of each property owner’s dock permit or personal property tax receipt or real estate property tax receipt;

    e. There will be a one (1) property, one (1) vote rule applied, to be determined by property tax receipts or official dock permits. Individuals who own more than one (1) property in the affected area are only to be counted as one (1) vote regardless of the number of lots owned;

    f. Second tier homeowners may sign the petition if they own a dock and must prove dock ownership by dock permit or personal property tax receipt. Condominium owners may sign the petition only if they own or lease a slip within the condominium dock.

    Condominium owners must prove voting rights by submitting a personal property tax receipt or leasing agreement for a dock slip;

    g. Placement of buoys in a diagonal pattern, rather than a straight line, may be permitted if the shoreline and situation necessitate such a pattern;

    h. If there are permitted buoys within the area that is to be controlled, the permit number of the existing buoys must be submitted with the application. If the new application is approved, all existing permits within the new controlled area will be cancelled and the previously permitted buoys removed unless the officials of the Missouri State Water Patrol determine that it is in the interest of public safety to retain some or all existing permitted buoys;

    i. Owners of property within a permitted area may, by petition, request a revocation of permitted buoys. Revocation will only be considered, however, if twenty-six percient (26%) or more of property owners sign the petition requesting revocation. The one (1) property, one (1) vote rule applies;

    j. Approved buoys for a “No Wake-Idle Speed” cove shall be placed one hundred feet (100’) below or prior to the first dock affected, unless it would extend the buoys into the main channel. Owners of docks at both ends of the proposed buoy line and within one hundred feet (100’) outside of the proposed buoy line must agree in writing to the placement of the proposed buoys;

    k. If a cove is such that it has a bottleneck effect within the cove and then opens up in excess of four hundred feet (400’) between docks on opposite sides, the property owners may petition for “No Wake-Idle Speed” buoys to control speed within the bottleneck and one hundred feet (100’) on each side. The permit holder shall be required to place a four foot by six foot (4’ x 6’) sign conforming to prescribed markings on a dock or approved structure at each end of the zone. The sign must face boaters when entering the controlled zone from either side;

    l. Applications for “No-Anchor” designation on all or any portion of a cove may be approved if in the opinion of the officials of the Missouri State Water Patrol the anchoring of boats unnecessarily impedes the normal flow of traffic, interferes with a dock owner’s ability to navigate from or to his/her property or if electric cables, gas lines or similar utilities could be vulnerable to damage as a result of anchoring;

    m. Lighted signs and flashing lights on “No Wake-Idle Speed/No Anchoring” cove buoys will be discouraged unless seventy-five percent (75%) of the property owners in the affected cove agree to the application for lights. All property owners within two hundred feet (200’) of proposed lighted signs on buoys must agree to the placement of the lights.

    If lighted signs or buoys are approved, affected property owners may, by petition, request to have the lights removed. The Missouri State Water Patrol Buoy Committee may not consider removal of permitted lights unless the petition to remove the lights bears the validated signatures of twenty-six percent (26%) or more of the current property owners in the permitted area. Shoreline property owners within two hundred feet (200’) of the permitted area may be included in the revocation petition. Lighted signs and flashing lights may be required by the Missouri State Water Patrol in some instances if deemed necessary for safe navigation; and n. Approved or required lights on buoys shall be solar white flashing lights. Approved or required lights on signs shall be solar amber flashing lights.

    (4) Flashing lights for private individual buoy permits will be approved if in the opinion of the Missouri State Water Patrol, the lights are deemed necessary for safe navigation. Opposition from property owners within two hundred feet (200’) may be taken into consideration, prior to formal approval of flashing solar lights. Lights for private individual buoys shall be solar white flashing lights.

    (5) Modification(s) to an existing buoy permit must be approved by the Missouri State Water Patrol. A request to modify an existing permit may require a new application and hearing if the modification would have a significant effect on boating traffic in the immediate area as determined by the Missouri State Water Patrol. The Missouri Sate Water Patrol shall determine if a permit modification requires a public hearing. New applications must conform to the above rules. Modifications of an existing permit for name or ownership change only, does not require a new hearing. Permit holders are required to notify the Missouri State Water Patrol if they have a change of address or transfer of property ownership.

    (6) Effective July 1, 2008, buoy permits previously issued to private non-marina docks, will not be transferrable upon a change of ownership to the property.

    (7) Buoy applications for the same general area will be considered not more than two (2) times within any twelve (12) consecutive month period.

    ( All rejected buoy applications shall be granted one (1) appeal for the same location. Appeal hearings will normally be held at Missouri State Water Patrol General Headquarters in Jefferson City. Either the commissioner or the field services commander will serve on the appeal board.

    (9) A personal watercraft is by statutory definition a vessel, which requires their operation to be in compliance with all regulatory markers.

    (10) Temporary buoy permits for regattas, construction sites, etc., will each be considered on their own merits.

    (11) It will be the responsibility of the permit holder to purchase, install and maintain all approved buoys and signs. All approved buoys and signs must be installed and in place from [May 1 through Labor Day] -- April 1 through October 1 each year. Permitted buoys and signs may remain installed or removed the remainder of the year. Buoys and signs approved for new applications during the May hearings must be installed within thirty (30) days of the approval date. The permit holder shall mark each permitted buoy and sign with the permit number assigned by the Missouri State Water Patrol. The permit number must be placed on each buoy or sign by a method that is both durable and legible. Buoys and signs that cannot be identified by visible permit number are subject to removal. All buoys and signs must be reflective and conform to the Uniform State Waterway Marking System as established by the United States Coast Guard. The commissioner of the Missouri State Water Patrol may revoke the permit of any permit holder upon failure to abide by these rules. Upon fourteen [(14)] -- (21) days written notice, the commissioner of the Missouri State Water Patrol may revoke any permit if the permit holder fails to maintain buoys, signs, markers and/or lights in proper placement or in a well maintained and legible condition. Buoys that have shifted in position because of water level, boat waves or some force of nature [and the buoy still performs the purpose set forth in the application shall remain a legal navigation marker unless determined otherwise by the commissioner.] are to be relocated back to their proper placement as soon as possible. Buoys that are neglected, for any reason, are subject to removal and revocation of permit.

    (12) The Missouri State Water Patrol retains, pursuant to section 306.124, RSMo, sole discretion to provide for the uniform marking of the waterways of this state through the placement of aids to navigation and regulatory markers. The Missouri State Water Patrol may approve or revoke regulatory markers and navigational aids on any area of the waterways of this state when, in the opinion of officials of the Missouri State Water Patrol, public safety will be enhanced by the regulation or deregulation of boating traffic. The Missouri State Water Patrol shall consider traffic density, traffic patterns, accident data and other pertinent criteria prior to approval of an application or revocation of a permit.

    (13) Nothing in this rule shall be construed to create in any other party any right or entitlement to the privilege of placing such aids or markers or any legal duty on behalf of the Missouri State Water Patrol to approve or disapprove any request to place such aids or markers.



    http://lakeexpo.com/articles/2008/04/04/top_news/05.txt


  2. #2
    Site Admin MikeTrin's Avatar
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    one of the problems with dock owners, including my family is that they like to push the buoy out past the 100ft limit. Even if they remove the buoys the rule still stands, no wake 100' from a dock. We get warnings all the time from water patrol that our buoy is too far out into the cove.

  3. #3
    Hooah_Killer's Avatar
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    The reason we dock owner want those buoys is the fact you have 30 to 60 foot up to 30000 pound yachts that even when moving slowly wreck havoc on our docks. These boats should be banned on LOTO as they are meant to be used on the Great Lakes and Oceans not a damned up river!. Anyone who has been on the St Louis end (the rich end) up to Hurricane deck the water can attest to how nad the wave actionis. You have wave after wave of 3, 4 5ft swells banging up against the docks. I have had friends who had their boats knocked off the lift due to the waves and have had docks break loose. Its the rich that are destroying this lake!!! Thank God i am at the Kansas City end (the redneck end) as the big boats cant come down that far...hehe its too shallow and narrow. I saw a rich big boy get his yach stuck in the middle of my channel and I offered to help pull him out with my Ultra he flipped me off, got the yacht unstuck went down in-front of the marina and gunned his engines and made circles, causing damage to the dock and some boats. He didnt know the water patrol hides out there. HE GOT BUSTED. So I just waved and smiled as I went by. AmerenU which owns LOTO will ever ban these boats as the rich help pay AE bills with lots of money.

  4. #4
    hitman's Avatar
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    So are people pushing their bouys out bast the 100 ft mark hurting anyone? I sure as hell don't see how. Or is the Water Patrol just mad that they aren't in complete control of it?

  5. #5
    stangbang's Avatar
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    I could careless either way, except they are kind of ugly and hard to see at night.

    Quote Originally Posted by hitman View Post
    So are people pushing their bouys out bast the 100 ft mark hurting anyone? I sure as hell don't see how. Or is the Water Patrol just mad that they aren't in complete control of it?

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