2D, Lake Johanna Surface Use Regulations

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Dear Water Surface Use Manager: Each year the Minnesota Department of Natural Resources(DNR)receives numerous inquiries regarding water surface use management. This packet contains general information concerning the rules and statutes that may govern the water surface of lakes and rivers in Minnesota. Water surfaces are managed through numerous statutes and rules. Minnesota Rules parts 6110.3000- .3800,Water Surface Use Management(WSUM)Rules describe the goals of the rules,require an . assessment of the water surface use conditions, and establish water surface management standards or parameters,which may be included in an ordinance. For more specific information, a copy of the statutes and rules are enclosed. Also, see the note on"Enforcement" in the sample ordinance that is enclosed. Governmental units formulating,amending or deleting controls for water surface use must submit the following information to the DNR for review prior to adopting a proposed WSUM ordinance: • A water surface worksheet with a map of the water body,highlighting the affected areas. •A statement explaining the necessity for the ordinance and the solution to the problem this ordinance will offer. • A copy of the proposed ordinance(sample wording is included). •An account of the public hearing held concerning the proposed controls,including an account of the statements of each person who testified. Generally, if more than one governmental unit at the same level (town to town, city to city or county to county)has jurisdiction over the particular body of water,they all must have an ordinance with identical restrictions and have a signed joint powers agreement. All of the affected governmental units must submit the required information to the DNR for approval. Enclosed is an example of a WSUM ordinance that was approved by the DNR. If for some reason the DNR denies the proposed ordinance,then the denial will be sent in the form of a letter,which will explain the reasons for denial. The governmental unit may amend the proposed ordinance in accordance with the denial letter and resubmit the proposed ordinance for a second review by the DNR. The DNR will notify the governmental unit in writing of approval or denial within 120 days after receiving all of the above information.The governmental unit adopting an ordinance must provide for notification of the ordinance to the public,which involves placing signs at public watercraft launch sites outlining essential elements of the ordinance. For further information about water surface use management, call me at the DNR,Boat and Water Safety Section at(651)259-5343 or e-mail me at: kim.elverum @dnr.state.mn.us. Sincerely, Kim A. Elverum Boat and Water Safety Coordinator Enclosures