Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 247-H.F.No. 276 
                  An act relating to natural resources; requiring public 
                  waters work permits for boathouses; providing 
                  authority to issue public waters work permits for 
                  boathouses to the commissioner of natural resources; 
                  amending Minnesota Statutes 1996, section 103G.245, 
                  subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 103G.245, 
        subdivision 4, is amended to read: 
           Subd. 4.  [STRUCTURES IN OR ADJACENT TO PUBLIC WATERS 
        OUTSIDE CITIES.] (a) The following definitions apply to this 
        subdivision: 
           (1) "boathouse" means a floating structure 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 
        houseboats; and 
           (2) "houseboat" means a motorboat that has either a pontoon 
        or a flat-bottomed hull configuration, and a permanent enclosed 
        superstructure housing, at a minimum, built-in sleeping, 
        cooking, and toilet facilities. 
           (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 only: 
           (1) in areas of historic use for such structures, as 
        determined by the commissioner; 
           (2) when approved by the local government unit; and 
           (3) where the boathouse is in existence on public waters 
        prior to January 1, 1997. 
           (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). 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective July 1, 1997. 
           Presented to the governor May 30, 1997 
           Signed by the governor June 3, 1997, 2:57 p.m.