HF 2994

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; allowing for the replacement and repair of
watercraft storage structures on public waters; amending Minnesota Statutes
2005 Supplement, section 103G.245, subdivision 4.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 103G.245, subdivision 4,
is amended to read:

Subd. 4.

Structures in or adjacent to public waters.

(a) The following definitions
apply to this subdivision:

(1) "boathouse" means a structure or watercraft that is moored by spuds, cables,
ropes, anchors, or chains that may be intended for habitation and has walls, a roof, and
either an open well for boats or a floor from wall to wall and does not include watercraft
that are designed and operated as motorboats; deleted text begin and
deleted text end

(2) "motorboat" means a watercraft that is designed for and is capable of navigation
on the water and that has an adequately sized external or internal mechanical propulsion
system for the type of watercraft new text begin ; and
new text end

new text begin (3) "watercraft storage structure" means a structure that is used for storing boats,
boating equipment, or float planes new text end .

(b) The commissioner, subject to the approval of the county board, may grant and
prescribe terms and conditions for granting public waters work permits to establish,
construct, maintain, and control wharves, docks, piers, levees, breakwaters, basins, canals,
and hangars in or adjacent to public waters of the state, except within the corporate
limits of a municipality.

(c) Boathouses are prohibited on public waters of Minnesota, except as allowed by
paragraph (d).

(d) The commissioner may issue a public waters work permit for boathouses, when
approved by the local governmental unit and:

(1) only in areas of historic use for the structures, as determined by the commissioner,
and where the boathouse was in existence on public waters prior to January 1, 1997; or

(2) where the boathouse serves as a public service structure within a permitted
commercial marina.

(e) A boathouse in existence on public waters prior to January 1, 1997, may be
repaired or replaced, provided that the repairs or replacement are consistent with the
permit issued by the commissioner under paragraph (d).

new text begin (f) The commissioner may issue a public waters work permit for watercraft storage
structures when permitted by the local governmental unit and:
new text end

new text begin (1) the watercraft storage structure is in an area of historic use;
new text end

new text begin (2) the watercraft storage structure was in existence prior to July 1, 2005, or is a
replacement watercraft storage structure;
new text end

new text begin (3) the watercraft storage structure is not habitable and is not connected to a sewage
system;
new text end

new text begin (4) the permit applicant submits a site plan to the commissioner for the watercraft
storage structure that includes local design standards;
new text end

new text begin (5) the total area of watercraft storage structures on a public water is not increased;
new text end

new text begin (6) the height of watercraft storage structures is not increased, unless watercraft
storage structures are consolidated and the same pitch roof results in an increased height;
and
new text end

new text begin (7) the specific dimensions and location of the watercraft storage structure are
registered on the deed of the permit applicant's property.
new text end

new text begin (g) A watercraft storage structure that was in existence on public waters prior to July
1, 2005, or is a replacement watercraft storage structure, may be repaired, or replaced,
provided that the repairs or replacement are consistent with the permit issued by the
commissioner under paragraph (f). The repair or replacement of a watercraft storage
structure may include:
new text end

new text begin (1) the replacement of the foundation of the watercraft storage structure; and
new text end

new text begin (2) the consolidation of multiple watercraft storage structures.
new text end

new text begin (h) Notwithstanding sections 103F.201 to 103F.221, and rules adopted under those
sections, the commissioner may issue a permit under paragraph (f) for a watercraft
storage structure that is at or above the ordinary high-water level to replace a watercraft
storage structure that is at or below the ordinary high-water level of a public water and
in existence prior to July 1, 2005. The replacement watercraft storage structure may not
exceed the total area of the watercraft storage structure being replaced. A watercraft
storage structure that is replaced under this paragraph must be removed prior to building
the replacement structure.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end