HF 1729

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2019 02:50pm

A bill for an act
relating to waters; modifying authority of Lake Minnetonka Conservation District;
amending Minnesota Statutes 2018, section 103B.611, subdivision 3.

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

Section 1.

Minnesota Statutes 2018, section 103B.611, subdivision 3, is amended to read:

Subd. 3.

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
on Lake Minnetonka, excluding the area of public drainage ditches or watercourses connected
to the lake:

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

(2) to regulate, maintain, and police public beaches, public docks, and other public
facilities for access to the lake within the territory of the municipalities, provided that a
municipality may supersede the district's action under this clause by adopting an ordinance
specifically referring to the district's action by one year after the district's action;

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

(4) to 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;

(5) to contract with other law enforcement agencies to police the lake and its shore;

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

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

(8) to regulate the construction, configuration, size, location, and maintenance of
commercial marinas and their related facilities deleted text begin including parking areas and sanitary facilities deleted text end new text begin
that affect activity below the ordinary high-water mark new text end . The deleted text begin regulation shall deleted text end new text begin authority under
this clause does not apply to land-based marina activities, including storage facilities, and
must new text end be consistent with the applicable new text begin state statutes, new text end municipal building codes new text begin , new text end and zoning
ordinances where the marinas are located;

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

(10) to 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;

(11) to 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; and

(12) to petition the board of managers of a watershed district in which the lake
conservation district is located for improvements under section 103D.705; a bond is not
required of the lake conservation district.

For purposes of this subdivision "watercourses connected to the lake" does not include
channels connecting portions of the lake to one another.