Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 439-S.F.No. 1949 
           An act relating to natural resources; requiring public 
          access restrictions to be the same as lake use 
          restrictions; amending Minnesota Statutes 1984, 
          sections 378.32, subdivisions 2, 6, and 7; and 459.20; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 378. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 378.32, 
subdivision 2, is amended to read: 
    Subd. 2.  To regulate and police public beaches, public 
docks and other public facilities for access to the body of 
water, except that regulations are subject to section 4 and a 
county board may not regulate state accesses and a municipality 
may by ordinance forbid the exercise of this preempt the county 
from exercising power under this subdivision within its 
jurisdiction; 
    Sec. 2.  Minnesota Statutes 1984, section 378.32, 
subdivision 6, is amended to read:  
    Subd. 6.  Except as provided in section 4, to regulate the 
type and size of watercraft, as defined in section 361.02, 
subdivision 7, permitted to use the body of water and set access 
fees; 
    Sec. 3.  Minnesota Statutes 1984, section 378.32, 
subdivision 7, is amended to read: 
    Subd. 7.  Subject to section 4, to limit the types and 
horsepower of motors used on the body of water; 
    Sec. 4.  [378.321] [PUBLIC ACCESS RESTRICTIONS.] 
    The county board must allow the same types and sizes of 
watercraft and horsepower of motors to access and enter the lake 
or water body as are generally allowed to be operated on the 
lake or water body.  Special use exceptions that are not 
dependent on lakeshore or property ownership may be granted by 
permit. 
    Sec. 5.  Minnesota Statutes 1984, section 459.20, is 
amended to read: 
    459.20 [AUTHORITY OVER PUBLIC WATERS.] 
    The governing body of any home rule charter or statutory 
city or town in the state has, with respect to any body of water 
situated wholly within its boundaries, all the powers to improve 
and regulate the use of such body of water subject to section 4, 
as are conferred on county boards by sections 378.31 and 378.32, 
and to establish and administer lake improvement districts under 
sections 378.41 to 378.57.  With respect to any body of water 
situated wholly within the contiguous boundaries of two or more 
home rule charter or statutory cities or towns or any 
combination thereof, the city councils and town boards may, 
under the provisions of section 471.59, jointly exercise such 
powers to improve and regulate the use of the body of 
water subject to section 4, as are conferred on county boards by 
sections 378.31 and 378.32, and to establish and administer lake 
improvement districts as provided under sections 378.41 to 
378.57, provided that, no home rule charter or statutory city or 
town may establish and administer a lake improvement district or 
exercise any of the powers granted in this section if a lake 
improvement district covering the same territory has been 
created by a county board under sections 378.41 to 378.57.  
References in sections 378.31 to 378.35 and 378.41 to 378.57 to 
the county board shall be construed to refer to the governing 
body of a home rule charter or statutory city or the board of 
supervisors of a town. 
    Sec. 6.  [EFFECTIVE DATE.] 
    This act is effective the day after final enactment, except 
that section 4 does not apply to ordinances adopted pursuant to 
contracts providing for a public access to a body of water 
entered into by a county or municipality with the commissioner 
of natural resources that have been executed prior to the 
effective date of this act, but section 4 will apply to all 
public accesses after June 1, 1993. 
    Approved March 25, 1986