#181 Regulating use olake Johanna

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ceases to exist or until a marker complying with these regulations WATERS and WATERCRAFT can be substituted therefor. (f) Buoys, markers, and regulatory signs not conforming to SAFETY LAWS these rules and presently in place in the waters of the state may 1977 be used until replacement is needed or until January 1, 1977. When such buoys, markers, and regulatory signs are replaced, the MINNESOTA STATUTES 1974 replacements must conform to the requirements of these rules. All such buoys, markers and regulatory signs must conform to the • Chapter 361 requirements of these rules by no later than January 1, 1977. (As Am6nded by Lews of 1975, Chepters 58 and 322) NR 205 - MARKING OF LEGALLY DESIGNATED SWIMMING AREAS (a) IrWividual Private Areas (ll The owner of lessee of shoreline property may place white markers defining a swimming area adjacent to his property for his personal use. This area shall not exceed 2500 square feet in 361.01. POLICY OF STATE. area and shall not extend more than 50 linear feet along the lake It is the policy of this state, which is blessed with an abundance frontage of the owner or lessee. These markers must have no less of water, to promote its full use and enjoyment by all of the people, than 6 inches but no more than 14 inches showing above the water- now and in the future, to promote safety for persons and property line. Markers in the form of a cylinder must have a diameter oF in connection with the use of the waters of the state, to promote at least 5 inches and not larger than 9 inches. Markers with a uniformity of laws relating to such use and to conform with any shape other than a cylinder may not have a length or width greater requirements of the United States relating thereto. than 14 inches. Each such marker shall bear on opposite sides, 361.02. DEFINITIONS a'/z-inch wide band of international orange color forming an Subdivision 7. For the purposes of Sections 361.01 through upright diamond at least 5 inches in outside width, dissected verti- 361.28, the terma defined in this section shall have the meanings cally and horizontally by a'/z-inch wide strip of international ascribed to them. orange color. The border of the diamond and cross outline shall Subd. 2. PerBOn includes an individual, artnershi corporation not be less than ~/z-inch in width. These markers may not be spaced P p, , more than 15 feet apart and must outline all of the swimming the state and its agencies and subdivisions, and any bodyof per- area. sons, whether incorporated or not. (2) No swimming marker may obstruct watercraft traffic or Subd. 3. Owner means a person, other than a lien holder, having unduly interfere with public use of the water. If in the opinion the pmperty in or title to a watercraft. The term includea a person of the local sheriff, his water patrolman, or conservation officer, entitled to the use or possession of such craft, subject to an interest in another person, reserved or created by agreement and securing such conditions exist. they may direct the landowner or lessee to payment or performance of an obligation, but the tertn excludes change the boundaries of the swimming area or have the markers a lessee under a lease not intended as security. removed. The landowner or lessee may appeal such a directive to the Commissioner of Nat iral Resources. Su6d. 4. Dealer means any persorr engaged in the business of manufacturing or selling new and unused watercraft or used water- (b) Other Areas. Swimming areas in public waters maintained craft, or both, having an established place of business for the sale, or designaied by governmental subdivisions, private corporations, , trade and display of such watercraft, and having in his possession private clubs, non-profit organizations, or businesses offering pub- watercraft for the purpose of sale or trade. lic swimming facilities in any body of water where operation of Subd. 5. Operate means to navigate or otherwise use a water- motor-powered watercraft is not prohibited shall be marked in the craft. following manner: Subd. 6. Operator means the person who operates or has (1) The entire perimeter of the water area shall be marked with charge of the navigation or use of a watercraft. white mazking buoys no less than 9 inches in diameter and extend- Subd. 7. WatercreTt'means any contrivance used or designed for ing no leas than 36 inches above the surface of the water. Each navigation on water other than (a) duck boat during the duck hunb marking buoy must contain two horizontal bands of reRectorized ing season, (b) rice boat during the harvest season, or (c) seaplane. international orange, one such band at the top, and the other just Subd. 8. Motorb08t means any watercraft propelled in any 32 5