Section 322.1006. Conveyance applications; approval criteria; provision for public access to Great Lakes waters required.

(1) Review of an application for a deed, lease, agreement, certificate of boundary determination, or certificate of accretion shall be based on the following criteria:

(a)    Whether the deed, lease, or agreement has a  clear  and  present necessity beyond mere convenience or economy.

(b)   Whether the conveyance of unfilled submerged lands is necessary to accomplish the purposes and activities stated in the act.

(c)  Whether the project conforms to required sanitation laws and does not injure the material rights of adjoining riparian owners or  any riparian owners of the water affected.

(d)   A determination by the department that the private or public use of such lands and waters will neither substantially affect the public use thereof nor impair the public trust or interest of the state.

(2) Conveyance to local units of government shall contain a provision for public access to and along Great Lakes waters.

History: 1982 AACS.