language to be deleted (2) new language
relating to natural resources; allowing for the replacement and repair of boat 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:
(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; and
(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
(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).
Presented to the governor April 18, 2006
Signed by the governor April 20, 2006, 3:50 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes