KIDD ISLAND BAY HOMEOWNERS ASSOCIATION DOCK POLICY
(Revised 1-1-2026)
History of Kidd Island Bay Homeowners Association (KIBHA)
Our area of Kidd Island Bay began being developed in 1959. The area
was identified and sectioned off into 61 separate lots. A few homes were
already present and more homes were being built along with docks. At
that time there was no KIBHA or Dock Policy.
By 1984, a dispute began regarding the Lot Owners on the beach area
and the Upper Lot Owners. The dispute was addressed in court.
The dispute was resolved in 1987. Judge Gary Haman had taken
recommendations from all parties and rendered the 1987 Lawsuit
decision. The 1987 Lawsuit decision ordered, among other things, an
establishment of a HOA and a policy regarding the docks (Dock Policy).
Judge Haman acknowledged that certain docks were already present
and should be allowed to be kept “status quo” without imposing controls;
these docks became known as “Grandfather Docks”. The
“Grandfather Docks” were identified by the Idaho Department of Lands
(IDL) as Private Docks.
Additionally, the 1987 Lawsuit required each Lot Owner to have a right
to a mooring spot on a dock (Community Dock) with all docks built after
1987.
This was our first Dock Policy (Still in effect) (Posted at bo*********@gm***.com )
Kidd Island Bay Homeowners Association
Dock Policy
Kidd Island Bay Homeowners Association (KIBHA), formerly known as Kidd Island Bay Tax Number 12664 Cooperative Association, Inc., a nonprofit cooperative association, created to manage recreational land owned by lot owners of Kidd Island Bay and Kidd Island Bay First Addition. This dock policy accompanied by the Master Dock Plan map (Master Plan Dock Layout) supersedes all previous KIBHA dock policies. From time to time this Dock Policy may be revised by the Association.
A. Permit Application Process for New Docks.
- The Idaho Department of Lands (IDL) shall not process a permit application within the KIBHA lots unless it has been approved by the Association, as verified by a minimum of three Board Members signatures. IDL shall refer all KIBHA dock applicants and those referencing County Assessor’s Tax No. 12664 to the KIBHA. IDL shall send the dock permit to KIBHA for verification of accuracy and KIBHA will distribute copies of the permit to the dock owners.
- The Board shall ensure that all dock permit applications contain the lot numbers, names,
addresses and signatures of all prospective dock owners agreeing to the dock partnership, and a copy of the contractor’s bid for construction of the proposed dock. - Prior to Board approval of a new dock, the Board will solicit input from lots affected by placement of the new dock in front of and beside their lots.
B. Dock Ownership Rules (Docks existing at the time of the 1987 Lawsuit are exempt from the below dock policy except for the signing requirement)
1.Dock applicants must accept residents within the Association who do not have dock space. A minimum of four lots shall be accommodated by each fifty foot (50’) dock.
2.Cost of the dock between lot owners must be evenly shared so as to prevent any lot owner from profiting by selling dock space. This holds true for the re-sale “buy in” of dock space which can only be to other lot owners within the Association. The Board must be notified in a timely fashion of a dock space re-sale “buy in”. Re-sale “buy in” price of dock space shall be calculated by using the Replacement Cost New Method and follow the procedure as described in the “Dock Valuation Policy” (listed/described below).
3.The Association will provide to a prospective dock applicant with a list of lots and their current owners who do not have dock space. For a nominal processing fee, the Association will contact these lot owners to determine their interest in dock space. (As of 2024, all Lot Owners/Members have assigned dock space/moorings).
4.Each dock shall have a sign placed on both ends, readable by boating traffic and Association beach users which contains the following information: (The KIBHA is working to get the correct signs on each dock).
Private Dock
Dock#
Serves Kidd Island Bay Lots:
Lot___First Addition
Lot ___ First Addition Lot
It is the responsibility of the dock owners to correctly sign the dock. The Association will provide and maintain a Master Dock Location Map, develop a numbering system for each dock, and notify the dock owners of their number. This number will appear both on the map and dock sign. Maps with the numbering system and associated lots will be provided to interested members.
(The KIBHA will coordinate the proper signage for each dock in the coming year).
Dock Valuation Policy
The valuation policy applies to docks located on KIBHA property, Tax No. 12664. The purpose of this policy is to fairly value an existing dock so that new dock partners are not unfairly charged for dock space, and so that the original dock partners are justly compensated for their investment. For this to occur, the current value of the dock must be established.
A hypothetical situation where these guidelines must be implemented is as follows: Two or more lot owners construct a dock and share equally in its original cost. One or more lot owner(s) with rights to the dock in question desire to share the dock at some point after its construction.
The current value of the dock shall be established based on the Replacement Cost New Method (RCN). This valuation method is applied by establishing the replacement or reproduction cost of an improvement and then deducting for appropriate loss in value due to depreciation (i.e., physical deterioration).
To be properly applied the RCN shall be established by an impartial party with knowledge of dock building. There are several dock builders in Northern Idaho with the necessary expertise. This service would likely involve a fee.
The responsibility for this fee shall be determined as follows: The new dock partner(s) shall be responsible for the entire fee if they were given the opportunity at the time of the original construction to share the dock “buy in” and declined; or if the new dock partner(s) decides not to participate in the dock after the estimate is established (not “buy in”). The cost shall be shared between all partners if the new dock partner(s) were not afforded this opportunity to share the dock originally. In this case, the new partner(s) shall pay the entire fee out of pocket “buy in”, then deduct that amount from the reimbursement to the original dock partners.
In addition to providing an estimated RCN, the dock builder shall be asked to estimate the remaining useful life of the dock with a normal maintenance schedule. After the estimated remaining life is established, depreciation can be estimated. Example:
Actual age of Dock 5 year
Remaining Useful Life 10 years
Total Useful Life 15 years
In this case the dock has depreciated 33% (5 years/15 years). This depreciation figure shall be applied to the RCN estimate.
Replacement Cost New $15,000
Estimated Depreciation 33% Accrued Depreciation $ 5,000
Est. Value of Dock $10,000
The estimated value of the dock shall then be equally divided by the total number of partner(s).
With 3 partners; Estimated Dock Value $10,000
3 Partners divided by 3
Partner Obligation $ 3,333 (rounded)
Or with 4 partners;
Estimated Dock Value $10,000
4 Partners divided by 4
Partner Obligation $ 2,500
After the partner obligation is determined the new dock partner shall compensate “buy in” the original dock partners equally for the dock. Example: The established partner obligation “buy in” is $3,333 each. The one new dock partner would then reimburse “buy in” the two original dock partners $1,667 each. If it is determined that all of the partners are responsible for the RCN and Remaining Useful Life estimate fee, their portion of the fee shall be deducted from each reimbursement. The fee for the estimate shall be paid prior to deducting it from the reimbursement.
As of 2025, the KIBHA has 7 Private Docks “Grandfather Docks” and 14 Community Docks, together labeled as Docks 1 to 21. The Private Docks were identified as Docks 3, 8, 9, 10, 14, 15 (Boat Garage “BG”) and 18. T he Community Docks were identified as Docks 1, 2, 4, 5, 6, 7, 11, 12, 13, 16, 17, 19, 20 and 21.
Each dock is required to have an Encroachment Permit. An Encroachment Permit is a permit issued by the IDL and is required for any structure on or over the beds of water on a navigable lake. Each Encroachment Permit records the dock, docks’ length, width, dock ramp dimensions and overall square footage. If the dimensions of a dock is altered a new Encroachment Permit will need to be applied for and approved. There is also a fee charged by the IDL for an Encroachment Permit.
A Private Dock is an individual dock owned by an individual Lot Owner and is written in that individual Lot Owner’s name. Each Private Dock has its own Encroachment Permit Number. Only the individual Lot Owner has a right to be assigned to their Private Dock. The KIBHA cannot assign another Lot Owner to a Private Dock. Additionally, a Private Dock’s square footage is not counted with the KIBHA allotted Dock Square Footage (sf). The Private Docks are not charged a yearly State Submerged Land fee by the IDL. Private Docks will remain private as long as they adhere to the conditions of the 1987 Lawsuit as interpreted by the IDL.
A Community Dock is a dock owned and maintained by multiple Lot Owners. Encroachment Permits are not in the name of the Lot Owners. The Community Dock’s Encroachment Permit is in the name of KIBHA. However, the Community Docks are solely owned by the assigned Lot Owners. The KIBHA has never owned any of the 21 docks. The KIBHA only manages the docks, maintains the Dock Policy, pays the yearly State Submerged Land fees from the membership dues, is the liaison to the IDL, etc,. The Community Docks have multiple Lot Owners names attached to each dock maintained by KIBHA. The Community Docks are charged a yearly State Submerged Land fee, paid by the KIBHA membership dues.
Community Docks are different from Private Docks. In fact, each Community Dock is different from every other Community Dock. When a new member is assigned to a Community Dock they must agree to whatever rules have already been decided within that Dock Partnership. In 2024, the Community Docks were surveyed in regards to how they handle their individual Dock Partnerships. The survey identified that each Dock Partnership varied regarding where each Lot Owner moors. As more residences were added and additional Lot Owners received permission to build docks, different arrangements were made between the Lot Owner Dock Partnerships. Each Community Dock has between two to six Lot Owners. A few Lot Owner Dock Partnerships have pre-assigned mooring spots on their Community Dock. Others have the Lot Owners park wherever there is a mooring available “first come, first serve.” Others have decided where to moor based on who has lived in the community longest. The KIBHA does not dictate, order, or have rules as to how a Lot Owner Dock Partnership should be handled. The Lot Owner Dock Partnerships own their Community Dock and are responsible for repairs and maintenance. In fact, sometimes a Lot Owner desires to re-build their Community Dock and wants their partners to share the cost. Each partner has an equal vote to agree or refuse to participate. All requests or desires are handled within the partnership, without outside interference.
There is another distinction between a Private Dock and a Community Dock. A Private Dock can become a Community Dock, but a Community Dock can never become a Private Dock. In the 1987 Lawsuit the IDL recognized only 7 Private Docks. If any of the Private Docks change their shapes, increase in size or are completely rebuilt, the Private Dock becomes a Community Dock because now it is considered current and no longer recognized as existing prior to 1987. So, if a Private Dock becomes a Community Dock, that new Community Dock will be subject to adding additional members, will be billed with the State Submerged Land fee, and its square footage will be added to the overall square footage assigned to KIBHA.
Additionally, the 7 Private Docks were owned by Lot Owners who also owned from 1 to 2 additional lots each. In the past, the Private Dock Lot Owners had only one home on their multiple lot(s). Their additional lots were undeveloped. The 1987 Lawsuit required that each of the 61 lots (61 total lots minus 14 lots owned by Private Dock Lot Owners equal 47 lots), 47 remaining lots required a dock mooring assignment. Since the Private Docks retained their private status the remaining 47 lots were assigned to Community Docks. Thirty-eight years later, KIBHA still has 7 Private Docks. Two of the Private Docks are owned by single Lot Owners. Five of the 7 Private Dock Lot Owners still own an additional 1 to 2 lots. With the growth of population, the quickly rising value of the lots and the development of the area, the 5 Private Dock Lot Owners could possibly sell one or more of their lots in the future. If the lots are sold the new lot owner will require an assigned dock mooring on a Community Dock. The maximum number of Community Dock moorings needed, in the future, for possible re-assignment from Private Docks is 7.
Lastly, regarding Private Docks and Community Docks. If a dock is removed from its appointed location by the owner or an act of nature and not replaced/repaired/returned in a timely manner, the IDL will consider the dock nonexistent. Once the IDL deems the dock nonexistent, a replacement dock will be seen as a new dock, with all the required approvals, paperwork, fees and permits.
The IDL requires the KIBHA to identify each Lot Owners’ name that is assigned to a Private Dock. The IDL does not require the KIBHA to identify each Lot Owners’ name assigned to a Community Dock. The Community Dock Encroachment Permit is in the name of KIBHA (Permit No L-95-S-6059 and L-95-S-6059B).
The KIBHA maintains a file on each of the 21 docks. However, over the past 38 years, many of the Encroachment Permits are missing along with correspondence, diagrams and photographs between the past Dock Masters, IDL and the assigned dock owners. This revised Dock Policy recommends that each Lot Owner Dock Partnership create their own file, documenting their dock costs and their agreements regarding mooring, maintenance, costs, etc,. The KIBHA will endeavor to collect all correspondence relating to each of the 21 docks and maintain a file.
Lastly, the IDL has pre-determined how much Dock Square Footage (sf) KIBHA is allotted. The IDL, using Kootenai County’s Parcel Webpage, KC Earth, Tax No. 12664, determined that the KIBHA has approximately 1,810 feet of water frontage for our community. The IDL then calculates the 1,810 feet x 7 feet, giving us the total maximum dock space available to use [1,810’ x 7’ = 12,670’ total square feet (sf)]. The KIBHA maintains a Master Plan Dock Layout, which identifies each dock, its location, its square footage, its Lot Owners assigned, and whether it is a Private Dock or a Community Dock.
Process, to get work done on a dock
- Contact the Dock Master or one of the KIBHA Board Members and present your request(s). Note: Almost every request requires review and approval from the KIBHA. Without prior written approval, the IDL will send the member back to the KIBHA.
- If your request falls under the purview of KIBHA, you will be asked to put your request in writing. If your request is under the purview of the IDL you will be asked to contact their office (Idaho Department of Lands (IDL), 3284 Industrial Loop, Coeur d’Alene, Idaho, 83815, 208.769.1525).
- All written requests require the member(s) to include the date, full member(s) name, lot number, dock number, rational, and a full description of their request. Depending on the request, the KIBHA may also ask for diagrams, photographs and schematics.
- If the request is related to a Community Dock, the requesting member(s) will need to contact all of their Lot Owner Dock Partners and get their written approval.
- Once the written request and all the necessary documentation are received the Dock Master will present the request to the KIBHA Board. The KIBHA Board will review the request, research the policies, may request additional information, and then APPROVE or DENY the request.
- The KIBHA will render its rationale and decision in writing to the requesting member(s).
- If the requesting member(s) objects to the decision, they are welcome to schedule a meeting with the KIBHA Board and present their request in person.
- If the request was needed for an Encroachment Permit or another issue controlled by the IDL, the member will take the KIBHA APPROVAL letter to the IDL.
- If a KIBHA member communicates with the IDL, whether in person, written correspondence, or email, the member should document that interaction, including the date, location and person(s) present.
Most frequently asked questions
What dock am I assigned and how did I get assigned to that dock?
Each of the 61 KIBHA lots have been assigned to a dock. Since the inception of KIBHA there has been an attempt to assign a Lot Owner to the closest dock possible to their home. Over time, as homes were added and new docks were built, many Lot Owners changed their dock assignments. Our website bo*********@gm***.com identifies each Lot number and the assigned dock. Additionally, the Master Plan Dock Layout shows each Lot and dock assignment.
Where exactly do I moor my boat on the dock and can I change places?
Private Docks are usually owned by one Lot Owner so that person will decide how boats are moored.
Community Docks are owned by 2 to 6 Lot Owners. The Lot Owners decide amongst themselves as to where each Lot Owner will moor their boat. The first Lot Owners of the dock usually establish their mooring location first. Seniority appears to be the most common factor. As the Lot Owners’ properties are sold the remaining Lot Owners may re-determine the mooring arrangements prior to the new buyer’s arrival. If a Lot Owner would like to change their mooring place on their dock they need to negotiate with their Dock Partnership.
How many boats, watercrafts, paddleboards, etc., can I have on the dock?
Each Lot Owner is only assigned one mooring per residential lot. If a member has two, three or four residential lots, they will have two, three or four moorings. Hopefully, the additional moorings are on the same dock. A few Lot Owners have moorings on different docks. To park additional boats or watercraft, etc, that Lot Owner must make arrangements with their Dock Partnership to use a partner’s mooring to park that additional item.
Can I build a new dock?
If a Lot Owner is already assigned to a dock mooring, excluding unusual circumstances, the Lot Owner will probably not be able to build a new dock. There are many conditions that must be met before a new dock can be built. There is limited space on the shoreline which must be considered. Lot Owners who live at the shoreline, where the new dock is proposed to be built, will be asked their opinion as to a dock placed in front of their home. There is also limited dock square footage available that must be considered. The KIBHA Board must approve a new/additional dock. The IDL must also approve a new/additional dock.
Can I change my dock mooring to a different dock? Can I switch docks with another member from another dock?
Yes, any Lot Owner can request, in writing, to change their dock mooring location to another dock. The request to change to another dock will be presented to the Lot Owners of the dock the member wishes to change to. The decision to add a new Lot Owner Partner to that dock will be left to the owners of that dock. Remember, if the new member is accepted into the new Dock Partnership, that new member will then have to “buy in” to that new Dock Partnership. The new member will relinquish their mooring on their original dock. As stated earlier in this policy, each single Lot Owner is only entitled to a single dock mooring. The new member will not receive a refund from their original dock that they relinquished/abandoned. However, there is an exception to the relinquishment/abandonment. If another Lot Owner wants that vacated mooring, then they will pay the needed amount of money to “buy in” to that vacated dock and pay the member who left that vacated dock. If two separate Lot Owners, on two separate docks, want to change moorings/swap, the KIBHA will accept that written request. The request must be in writing, with all the members involved identified and giving consent. Note, there might be a “buy in” adjustment depending on the value of the dock(s).
However, there is a rare exception to adding a new Lot Owner to a dock. Based on past practice, by members of our past KIBHA Board, when exceptional situations arise and are deemed essential, Lot Owners were moved from their original dock to another dock. The described change was rare and usually all the parties involved agreed to the change. The KIBHA Board reserves the right to change dock location assignments when the situation is deemed critical, necessary, and all the involved parties are advised.
Can I/we extend the dock?
Yes, any member can submit a written request to the KIBHA Board to extend their dock.
There are special conditions regarding Private Docks, which make it almost impossible to extend those docks.
Additionally, because KIBHA has limited square footage available we encourage all members to make their requests as soon as possible. There are limitations regarding the length of a dock. Lastly, the member will contact the IDL, pay their IDL fee, seek the IDL approval of the extension, and update the Encroachment Permit.
Can I/we add a boat lift/canopy/watercraft platform?
Yes, a boat lift, canopy or watercraft platform can be requested in writing to the KIBHA Board. Remember the boat lift, canopy or watercraft platform can only be installed within the Lot Owner’s mooring space and can not extend into another member’s mooring space. If a dock is 40 feet long and there are four Lot Owners assigned to that dock, then each Lot Owner is only entitled to 20 feet. If a dock is 60 feet long and there are four Lot Owners assigned to that dock, then each Lot Owner is only entitled to 30 feet each, and so on. A dock Lot Owner will never be granted APPROVAL by the KIBHA Board to install a structure that will extend into another’ s mooring, including allowing the length of the boat into another member’s mooring space. Now with bigger boats, many of our Lot Owners are in the process of requesting a lengthening to their docks.
With regards to a Community Dock, the requesting Lot Owner must contact their Dock Partnership to get the entire partnership’s approval in writing. There are rules from the IDL regarding the placement of these objects in the water and the KIBHA will follow the IDL’s rules/policy.
Boat lifts have to be on the interior of the dock, not on the end of the dock or outside of the dock profile. These requests may generate a new Encroachment Permit.
Can I/we repair the dock?
Yes, any member can repair their dock, no Encroachment Permit is required. However, due to each docks’ documented square footage, on the Encroachment Permit with the KIBHA and the IDL, it is important that the dock size and dock ramp remain the same (length and width).
Additionally, the IDL is cautious of certain materials being installed on a dock. The member needs to contact a local dock builder to ensure that they are using the correct materials for Lake Coeur d’Alene.
Can I/we replace the dock?
Yes, a Community Dock Lot Owner can replace their dock to the exact size, shape, etc., that they currently own as per their Encroachment Permit. However, if they change the dock configuration or increase the size a new Encroachment Permit is required.
A Private Dock Lot Owner can not replace their dock, they can only repair their dock.
Remember the KIBHA and the IDL have documented square footage of the current docks, as per their Encroachment Permit, so it is important not to alter the size or shape. Altering a Private Dock will turn it into a Community Dock. The KIBHA has photographs of each dock. The KIBHA would require a written notice of the replacement so that they can track the information and keep it on file.
Can I/we add/replace/remove dock pilings?
Yes and No. “Pilings are part of the IDL Encroachment Permit. If a member wants to move a piling IDL requires an Encroachment Permit. The member would first submit a written request to the KIBHA. Then take that APPROVAL to the IDL.” (as per Mr. Mike Ahmen, IDL)
“If a member wants to add a piling, or replace a piling, or cut out a piling they do not need an Encroachment Permit. Those would be considered maintenance and repair activities that are allowed without needing an Encroachment Permit.” (as per Mr. Mike Ahmen, IDL)
Remember a piling can not be pulled or dug out of the lake bottom. The piling must be cut at the lake bottom so as not to interfere with the ecology of the lake. A dock builder should know where to cut a piling.
“There is an additional fact regarding pilings being moved, if the dock is a Private Dock or a Community Dock. If the movement of the piling will result in the moving of the dock, then it would change the location of the dock and likely jeopardize the status of a Private Dock (Encroachment Permit). However, if it is a Community Dock, and the movement of the piling moved the location of the dock, it would not require an Encroachment Permit due to the overall footprint of the Community Dock system.” (as per Mr. Mike Ahmen, IDL)
Can I/we replace the ramp to the dock?
Yes, a member can replace the ramp to a dock. However, the square footage of the ramp is also added to the square footage of the dock. Therefore, a larger ramp would add square footage to the total square footage of the dock, increasing the dock size. Again, the KIBHA and the IDL have documented information (length and width) of each dock and ramp square footage. The KIBHA also has photographs of each dock and ramp.
Can I/we rent the dock mooring to another person?
Yes, only members of the KIBHA can use, borrow, loan, or rent dock space to another member. People who are not members of KIBHA can not use, borrow, loan or rent our docks. If a member desires to use dock space from another member/dock, that person must contact that dock owner and make arrangements. The KIBHA does not negotiate space for one member to another member.
Lastly, many KIBHA Lot Owners rent, lease or list their home on internet rental sites (i.e., Airbnb, Vacasa, etc.,). Those Lot Owners are extending their membership, temporarily, to people outside of our KIBHA membership. The Lot Owners are responsible to fully inform their renters, etc., of the correct dock to use, the rules, regulations and Dock Policies that may apply. Most KIBHA members are sensitive about unknown people using or trespassing on their docks. If renters, or other unknown people trespass on others’ docks then that renter Lot Owner/renter will be liable for any legal action occurring (i.e., injury, violation of Trespass (Idaho Code I.C.#18-7008), etc,.
What does “Buy in” mean and does it apply to me?
“Buy in” is a term used when one member joins/new to an already established Dock Partnership and it has been agreed that the member can be assigned to that dock. As stated earlier in this policy, the established dock has a value. When a new member joins the Dock Partnership they must pay the fair market value with depreciation of the dock to the established Dock Partnership. Once the new member “buys in” they have a right to use the dock. If the new partner does not “buy in” they will only be recognized as being assigned to the dock but can not use the dock. A problem arises when the residential lot is sold and the new owner is told which dock they are assigned. The new owner assumes they can use their dock mooring. However, because the previous Lot Owner did not “buy in” the dock can not be used until the new owner “buys in.” As of the writing of this document, only one residential Lot Owner has not “bought in” to use their assigned dock. That residential Lot Owner is reminded yearly, in writing, that he has not “bought in” and has no right to use his assigned dock mooring.
All the information contained within this revised Dock Policy was found in previous documents, from past practice and from past Dock Masters.
The KIBHA reserves the right to amend, alter, correct and or revise this Dock Policy when necessary.
This Dock Policy has been reviewed and approved by the current KIBHA Board Members listed below.
Sincerely,
Timothy Moss-Tiller, President
John Boisen, Vice-President
Judy Bauer, Treasurer
Tim Ball, Secretary
Matt Boisen, Road Master
Carol Ruyf, Member at Large
Devin Heffernman, Member at Large
Maggie Moss-Tiller, Dock Master