1.1 	A bill for an act
1.2 	relating to natural resources; allowing for the replacement and repair of 
1.3 	watercraft storage structures on public waters;amending Minnesota Statutes 
1.4 	2005 Supplement, section 103G.245, subdivision 4.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2005 Supplement, section 103G.245, subdivision 4, 
1.7 	is amended to read:
1.8 		Subd. 4.Structures in or adjacent to public waters. (a) The following definitions 
1.9 	apply to this subdivision:
1.10 	(1) "boathouse" means a structure or watercraft that is moored by spuds, cables, 
1.11 	ropes, anchors, or chains that may be intended for habitation and has walls, a roof, and 
1.12 	either an open well for boats or a floor from wall to wall and does not include watercraft 
1.13 	that are designed and operated as motorboats; and
1.14 	(2) "motorboat" means a watercraft that is designed for and is capable of navigation 
1.15 	on the water and that has an adequately sized external or internal mechanical propulsion 
1.16 	system for the type of watercraft; and
1.17 	 (3) "watercraft storage structure" means a structure that is used for storing boats, 
1.18 	boating equipment, or float planes.
1.19 	(b) The commissioner, subject to the approval of the county board, may grant and 
1.20 	prescribe terms and conditions for granting public waters work permits to establish, 
1.21 	construct, maintain, and control wharves, docks, piers, levees, breakwaters, basins, canals, 
1.22 	and hangars in or adjacent to public waters of the state, except within the corporate 
1.23 	limits of a municipality.
2.1 	(c) Boathouses are prohibited on public waters of Minnesota, except as allowed by 
2.2 	paragraph (d).
2.3 	(d) The commissioner may issue a public waters work permit for boathouses, when 
2.4 	approved by the local governmental unit and:
2.5 	(1) only in areas of historic use for the structures, as determined by the commissioner, 
2.6 	and where the boathouse was in existence on public waters prior to January 1, 1997; or
2.7 	(2) where the boathouse serves as a public service structure within a permitted 
2.8 	commercial marina.
2.9 	(e) A boathouse in existence on public waters prior to January 1, 1997, may be 
2.10 	repaired or replaced, provided that the repairs or replacement are consistent with the 
2.11 	permit issued by the commissioner under paragraph (d).
2.12 	(f) The commissioner may issue a public waters work permit for watercraft storage 
2.13 	structures when permitted by the local governmental unit and:
2.14 	(1) the watercraft storage structure is in an area of historic use;
2.15 	(2) the watercraft storage structure was in existence prior to July 1, 2005, or is a 
2.16 	replacement watercraft storage structure;
2.17 	(3) the watercraft storage structure is not habitable and is not connected to a sewage 
2.18 	system;
2.19 	(4) the permit applicant submits a site plan to the commissioner for the watercraft 
2.20 	storage structure that includes local design standards;
2.21 	(5) the total area of watercraft storage structures on a public water is not increased;
2.22 	(6) the height of watercraft storage structures is not increased, unless watercraft 
2.23 	storage structures are consolidated and the same pitch roof results in an increased height; 
2.24 	and
2.25 	(7) the specific dimensions and location of the watercraft storage structure are 
2.26 	registered on the deed of the permit applicant's property.
2.27 	(g) A watercraft storage structure that was in existence on public waters prior to July 
2.28 	1, 2005, or is a replacement watercraft storage structure, may be repaired, or replaced, 
2.29 	provided that the repairs or replacement are consistent with the permit issued by the 
2.30 	commissioner under paragraph (f). The repair or replacement of a watercraft storage 
2.31 	structure may include:
2.32 	(1) the replacement of the foundation of the watercraft storage structure; and 
2.33 	(2) the consolidation of multiple watercraft storage structures.
2.34 	(h) Notwithstanding sections 103F.201 to 103F.221, and rules adopted under those 
2.35 	sections, the commissioner may issue a permit under paragraph (f) for a watercraft 
2.36 	storage structure that is at or above the ordinary high-water level to replace a watercraft 
3.1 	storage structure that is at or below the ordinary high-water level of a public water and 
3.2 	in existence prior to July 1, 2005. The replacement watercraft storage structure may not 
3.3 	exceed the total area of the watercraft storage structure being replaced. A watercraft 
3.4 	storage structure that is replaced under this paragraph must be removed prior to building 
3.5 	the replacement structure.

3.6 	EFFECTIVE DATE. This section is effective the day following final enactment.