SF 385

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; requiring public waters 
  1.3             work permits for boathouses; providing authority to 
  1.4             issue public waters work permits for boathouses to the 
  1.5             commissioner of natural resources; amending Minnesota 
  1.6             Statutes 1996, section 103G.245, subdivision 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 103G.245, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [STRUCTURES IN OR ADJACENT TO PUBLIC WATERS 
  1.11  OUTSIDE CITIES.] (a) The following definitions apply to this 
  1.12  subdivision: 
  1.13     (1) "boathouse" means a floating structure that is moored 
  1.14  by spuds, cables, ropes, anchors, or chains that may be intended 
  1.15  for habitation and has walls, a roof, and either an open well 
  1.16  for boats or a floor from wall to wall and does not include 
  1.17  houseboats; and 
  1.18     (2) "houseboat" means a motorboat that has either a pontoon 
  1.19  or a flat-bottomed hull configuration, and a permanent enclosed 
  1.20  superstructure housing, at a minimum, built-in sleeping, 
  1.21  cooking, and toilet facilities. 
  1.22     (b) The commissioner, subject to the approval of the county 
  1.23  board, may grant and prescribe terms and conditions for granting 
  1.24  public waters work permits to establish, construct, maintain, 
  1.25  and control wharves, docks, piers, levees, breakwaters, basins, 
  1.26  canals, and hangars in or adjacent to public waters of the 
  2.1   state, except within the corporate limits of a municipality.  
  2.2      (c) Boathouses are prohibited on public waters of 
  2.3   Minnesota, except as allowed by paragraph (d). 
  2.4      (d) The commissioner may issue a public waters work permit 
  2.5   for boathouses only: 
  2.6      (1) in areas of historic use for such structures, as 
  2.7   determined by the commissioner; 
  2.8      (2) when approved by the local government unit; and 
  2.9      (3) where the boathouse is in existence on public waters 
  2.10  prior to January 1, 1997. 
  2.11     (e) A boathouse in existence on public waters prior to 
  2.12  January 1, 1997, may be repaired or replaced, provided that the 
  2.13  repairs or replacement are consistent with the permit issued by 
  2.14  the commissioner under paragraph (d). 
  2.15     Sec. 2.  [EFFECTIVE DATE.] 
  2.16     Section 1 is effective July 1, 1997.