Torres enacts law that OKs DPL to issue encroachment permits

Gov. Ralph DLG Torres has signed into law a bill that authorizes the Department of Public Lands to issue encroachment permits and charge fees for the use of public lands located within 150 feet of the high water mark.

High water mark refers to the highest water stand reached by a lake or river, or highest level reached by the sea at high tide.

Torres recently informed Senate President Jude U. Hofschneider (R-Tinian) and House of Representatives Speaker Edmund S. Villagomez (Ind-Saipan) that House Bill 22-31, HS1, is now Public Law 22-11. The House passed the bill on Aug. 31. The Senate passed it without amendments on Sept. 14.

Rep. Joseph Lee Pan T. Guerrero (R-Saipan) is the author of the bill. The co-sponsors are vice speaker Blas Jonathan Attao (R-Saipan), Rep. Angel Demapan (R-Saipan) and Rep. Joseph A. Flores (Ind-Saipan).

Guerrero stated in the bill that DPL does not have the statutory authority to charge for the use of the public lands located within 150 feet of the high water mark.

Guerrero said DPL only has the authority to prohibit the erection of permanent structures.

Under the bill, DPL may not transfer an interest, and may prohibit the erection of any permanent structure in public lands located within 150 feet of the high water mark of a sandy beach with the following exceptions:

– DPL may authorize the construction of facilities for public purposes.

– DPL may grant encroachment permits provided that the use does not interfere with the public’s access to the public lands.

– Encroachment permits may be issued to persons who have a legal interest in an adjoining property, and who are currently maintaining an encroaching structure, improvement, or other item, in exchange for a fee.

The encroachment must have been in place prior to the effective date of this new law.

Any such permit may have a term of up to five years and may be renewed at the discretion of DPL.

The annual fee for any such permit shall not be less than 1% or not be greater than 4% of the fair market value of the public land on which the encroaching structure , improvement, or other item sits.

Rep. Sheila J. Babauta (D-Saipan), who chairs the House Committee on Natural Resources, earlier stated that the changes that are being proposed will allow DPL to charge for encroachment of existing structures only.

Babauta said this will not allow for the construction of new buildings or new permanent structures by any businesses.