HF 1243

as introduced - 87th Legislature (2011 - 2012) Posted on 03/21/2011 10:00am

A bill for an act
relating to waters; modifying authority of White Bear Lake Conservation
District; amending Minnesota Statutes 2010, section 103B.661, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 103B.661, subdivision 2, is amended to
read:

Subd. 2.

Powers.

Subject to the provisions of chapters 97A, 103D, 103E, 103G,
and 115, and the rules and regulations of the respective agencies and governing bodies
vested with jurisdiction and authority under those chapters, the district has the following
powers to:

(1) regulate the types of boats permitted to use the lake new text begin and set service fees new text end ;

(2) limit the use of motors, including their types and horsepower, on the lake;

(3) regulate, maintain, and police public beaches, public docks, and other public
facilities for access to the lake within the territory of the municipalities;

(4) limit by rule the use of the lake at various times and the use of various parts of
the lake;

(5) regulate the speed of boats on the lake and the conduct of other activities on the
lake to secure the safety of the public and the most general public use;

(6) contract with other law enforcement agencies to police the lake and its shores;

(7) regulate the construction, installation, and maintenance of permanent and
temporary docks and moorings consistent with federal and state law;

(8) regulate the construction and use of mechanical and chemical means of deicing
the lake and to regulate the mechanical and chemical means of removal of weeds and
algae from the lake;

(9) regulate the construction, configuration, size, location, and maintenance of
commercial marinas and their related facilities including parking areas and sanitary
facilities. The regulation shall be consistent with the applicable municipal building codes
and zoning ordinances where said marinas are situated;

(10) contract with other governmental bodies to perform any of the functions
of the district;

(11) undertake research to determine the condition and development of the lake and
the water entering it and to transmit their studies to the Pollution Control Agency and other
interested authorities; and to develop a comprehensive program to eliminate pollution;

(12) receive financial assistance from and join in projects or enter into contracts
with federal and state agencies for the study and treatment of pollution problems and
demonstration programs related to them;

(13) petition the board of managers of a watershed district where the White Bear
Lake Conservation District is located for improvements under section 103D.705, for
which a bond may not be required of the district; and

(14) to require the submission of all plans pertaining to or affecting construction or
other lakeshore use on any lot or parcel of land abutting the shoreline including: length
of setback from the shoreline, adjoining property, or any street or highway; problems of
population density; possible water, air or visual pollution; or height of construction. The
board shall have 60 days after submission of plans or any part thereof for review. If, within
60 days of submission the board finds the plan or any part is inconsistent with its plans or
ordinances, it may recommend that the plan or any part be revised and resubmitted.