HF 465

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to watercraft; permitting riparian owners to 
  1.3             petition for county restrictions on motorboat use; 
  1.4             amending Minnesota Statutes 1996, section 86B.205, 
  1.5             subdivision 5; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 86B. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 86B.205, 
  1.9   subdivision 5, is amended to read: 
  1.10     Subd. 5.  [COUNTY REGULATORY AUTHORITY.] A county board may:
  1.11     (1) regulate and police public beaches, public docks, and 
  1.12  other public facilities for access to a body of water, except: 
  1.13     (i) regulations are subject to subdivision 6; 
  1.14     (ii) a county board may not regulate state accesses; and 
  1.15     (iii) a municipality may by ordinance preempt the county 
  1.16  from exercising power under this subdivision within its 
  1.17  jurisdiction; 
  1.18     (2) regulate the construction, configuration, size, 
  1.19  location, and maintenance of commercial marinas and their 
  1.20  related facilities including parking areas and sanitary 
  1.21  facilities in a manner consistent with other state law and the 
  1.22  rules of the commissioner of natural resources, the pollution 
  1.23  control agency, and the commissioner of health, and with the 
  1.24  applicable municipal building codes and zoning ordinances where 
  1.25  the marinas are located; 
  1.26     (3) regulate the construction, installation, and 
  2.1   maintenance of permanent and temporary docks and moorings in a 
  2.2   manner consistent with state and federal law, permits required 
  2.3   under chapter 103G, and sections 86B.111 and 86B.115; 
  2.4      (4) except as provided in subdivision 6, regulate the type 
  2.5   and size of watercraft allowed to use the body of water and set 
  2.6   access fees; 
  2.7      (5) subject to subdivision 6, limit the types and 
  2.8   horsepower of motors used on the body of water; 
  2.9      (6) limit the use of the body of water at various times and 
  2.10  the use of various parts of the body of water; 
  2.11     (7) regulate the speed of watercraft on the body of water 
  2.12  and the conduct of other activities on the body of water to 
  2.13  secure the safety of the public and the most general public use; 
  2.14  and 
  2.15     (8) contract with other law enforcement agencies to police 
  2.16  the body of water and its shore; and 
  2.17     (9) limit the use of a body of water according to the 
  2.18  provisions of section 86B.208.  
  2.19     Sec. 2.  [86B.208] [MOTORBOAT USE RESTRICTIONS.] 
  2.20     Subdivision 1.  [DEFINITIONS.] (a) The terms in this 
  2.21  section have the meanings given them in this subdivision and in 
  2.22  section 86B.005. 
  2.23     (b) "Nonnavigable waters" means a body of water that is not 
  2.24  navigable under federal standards of navigability. 
  2.25     (c) "Riparian owner" means a public or private owner of 
  2.26  land contiguous to a body of water.  "Riparian owner" does not 
  2.27  include a public owner of land used solely as a public access, 
  2.28  as that term is defined in section 97A.015. 
  2.29     Subd. 2.  [MOTORBOAT USE RESTRICTIONS.] (a) Notwithstanding 
  2.30  sections 84.027, subdivision 2, and 103A.201, subdivision 1, a 
  2.31  county may adopt an ordinance under this section to restrict 
  2.32  motorboat use of nonnavigable waters of the state that are less 
  2.33  than 200 acres.  An ordinance adopted under this section is 
  2.34  exempt from the requirements of section 86B.205, subdivisions 3 
  2.35  and 6. 
  2.36     (b) The county may restrict: 
  3.1      (1) type and size of watercraft; 
  3.2      (2) type and horsepower of motors; 
  3.3      (3) speed of watercraft; 
  3.4      (4) time of use; and 
  3.5      (5) area of use. 
  3.6      Subd. 3.  [PETITION.] (a) The riparian owners may petition 
  3.7   the county board of the county where all the body of water is 
  3.8   located to impose motorboat use restrictions on the body of 
  3.9   water. 
  3.10     (b) The petition must be submitted on a form prescribed by 
  3.11  the county, and must include: 
  3.12     (1) the name and location of the body of water; 
  3.13     (2) a description of the motorboat use restrictions sought; 
  3.14     (3) the signature and place of residence of each 
  3.15  petitioner; and 
  3.16     (4) a statement that the cost of adopting and enforcing the 
  3.17  motorboat use restrictions shall be borne by the riparian owners.
  3.18     Subd. 4.  [ELECTION TO RESTRICT USE.] (a) If the county 
  3.19  board receives a valid petition signed by at least 35 percent of 
  3.20  the riparian owners of land contiguous to the body of water 
  3.21  affected by the proposed ordinance, the county board shall order 
  3.22  a mail vote of all riparian owners of land contiguous to the 
  3.23  body of water affected by the proposed ordinance.  The county 
  3.24  board may hold a public hearing prior to mailing the ballots. 
  3.25     (b) The county shall mail ballots to all eligible riparian 
  3.26  owners.  The voters shall indicate their choice and return their 
  3.27  ballot to the county within 30 days.  The county shall canvass 
  3.28  and certify the results of the voting. 
  3.29     (c) If a majority of eligible riparian owners vote in the 
  3.30  affirmative, the county shall adopt the ordinance as soon as 
  3.31  possible and implement the restrictions on the use of surface 
  3.32  waters within one year of adoption of the ordinance.  If the 
  3.33  proposal to restrict motorboat use is rejected by the voters, it 
  3.34  shall not be resubmitted to the voters for two years. 
  3.35     Subd. 5.  [ENFORCEMENT AND PENALTIES.] (a) Any county 
  3.36  adopting an ordinance under this section shall provide for its 
  4.1   enforcement and prescribe penalties for noncompliance. 
  4.2      (b) An ordinance shall contain a provision exempting 
  4.3   authorized resource management, emergency, and enforcement 
  4.4   personnel when acting in the performance of their assigned 
  4.5   duties.  It may also provide for temporary exemptions from 
  4.6   restrictions through the use of permits issued by the county. 
  4.7      Subd. 6.  [ENFORCEMENT EXPENSES.] (a) At the end of each 
  4.8   fiscal year, the county auditor shall prepare a certified 
  4.9   statement of expenses incurred in enforcing an ordinance adopted 
  4.10  under this section.  At the end of the first fiscal year during 
  4.11  which enforcement expenses were incurred, the expenses may 
  4.12  include those for administering the election process under 
  4.13  subdivision 3.  The expenses shall not include those for 
  4.14  enforcement actions that would have been taken in the absence of 
  4.15  the ordinance adopted under this section.  The expenses shall 
  4.16  constitute a charge on a waterfront footage basis against the 
  4.17  riparian owners of land contiguous to the body of water affected 
  4.18  by the ordinance.  
  4.19     (b) Notice of the charge and the amount of the charge shall 
  4.20  be given to the owner by delivery or by depositing the same in 
  4.21  the United States mail in an envelope properly addressed to the 
  4.22  owner and bearing sufficient postage.  The owner shall have the 
  4.23  right to protest the charge to the county within 60 days from 
  4.24  the date of such notice, and shall have the same right to review 
  4.25  of the charge as is provided with respect to ad valorem property 
  4.26  assessments.  Application for review shall be made within 60 
  4.27  days from the date of action by the county on any protest. 
  4.28     (c) An unpaid charge assessed under this subdivision and 
  4.29  the actions of the county on any protests filed shall be 
  4.30  reported to the tax levying authority for the county and shall 
  4.31  be made a public record.  Any charges finally determined to be 
  4.32  due shall become a special assessment and shall be payable in 
  4.33  the same manner and with the same interest and penalty charges 
  4.34  and with the same procedure for collection as apply to ad 
  4.35  valorem property taxes.  Any unpaid charge or lien against the 
  4.36  lands shall not be affected by the sale of the land.