The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Aquatic lands" means all tidelands, shorelands, harbor areas, and the beds of navigable waters, including lands owned by the state and lands owned by other public or private entities.

(2) "Department" means the department of natural resources.

(3) "Derelict aquatic structure" means overwater and in-water structures where, as a result of catastrophic damage or disuse or neglect, conditions exist that make the structure unsafe for use, pose a hazard, or pose risks to public health or safety or the surrounding environment. Factors that indicate an aquatic structure is derelict include, but are not limited to, structures that:

(a) Are unsecured;

(b) Are abandoned and partially constructed;

(c) Are at risk of partial or full collapse;

(d) Are dilapidated by being in a state of disrepair due to catastrophic damage or disuse or neglect;

(e) Have received a notice from a building or safety authority with jurisdiction that identified structural defects that prohibit the structure from being used;

(f) Increase the risk of fire, accident, or environmental harm; or

(g) Otherwise represent a risk to public or environmental health or safety.

(4) "Owner" means any natural person, firm, partnership, corporation, association, government entity, or organization that has a lawful right to possession of a structure by purchase, exchange, gift, lease, inheritance, or legal action whether or not the structure is subject to a security interest.