HomeMy WebLinkAbout2D, Lake Johanna Surface Use Regulations i
,—A1ZENHILLS
Request for Council Action 2D
...................
Prepared By:
Michelle Olson, Parks and Recreation Manager ` Work Session Date: April 16, 2012
Lake Johanna Surface Use Regulations
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Discussion Topic:
Staff provided this su nmary and options for Council review. Staff is looking for direction on which
option to pursue.
Supporting Documents:
1. Memorandum from Michelle Olson, Parks and Recreation Manager
2. Attachment A: Water Surface Regulations Information—DNR
3. Attachment B: Chapter 7 of City Code that pertains to Lake Johanna Surface Use Regulations
,.It
-ARzEN HILLS
MEMORANDUM
DATE: April 16, 2012
TO: Honorable Mayor and City Council Members
Patrick Klaers, City Administrator
FROM: Michelle Olson, Parks and Recreation Manager
SUBJECT: Lake Johanna Surface Use Regulations
Backjjround
In July of 2011, the City of Arden Hills had a storm that caused the elevation of Lake
Johanna to rise significantly, causing concerns from residents. Roberta Thompson,
member of the Lake Johanna Lake Homeowners Association sent out an email to their
membership dated July 15, 2011 stating that they had contacted the Ramsey County
Sheriff's Department to ask the County to either close the boat landing or post signs stating
a temporary "No Wake Zone" would be enforced until further notice. There was confusion
regarding who has the authority to close the boat landing and procedures on creating a "No
Wake Zone". Since that time, the Ramsey County Sheriff(RCS), Ramsey County Parks
and Recreation Department and City have been researching who has the authority in
closing a boat launch and also declaring a no wake zone.
To clarify who has the authorization to temporarily close a boat launch, the RCS contacted
the Department of Natural Resources (DNR). The DNR basically stated that it would
depend on who owned the boat launch in order to identify who has the authority to close
the boat launch. The DNR added that if the boat launch was built with State or Federal
funds then authorization would be needed from those entities. The City contacted Ramsey
County Parks and Recreation to determine the funding for the Lake Johanna boat launch.
Jody Yungers from Ramsey County Parks and Recreation informed the City that DNR
funds had been utilized to build the current boat launch. Therefore, the DNR would
ultimately be the entity in charge of deciding to close the boat launch. Staff spoke with
the DNR and they stated that it would be highly unlikely for them to decide to close a boat
launch. Their experience has been that closing the boat launch does not necessarily solve
the problem, as there are still homeowners with boat access. Therefore, they rarely would
close any boat launch. However, their suggestion to the City was to work on creating a
temporary"no wake zone"versus closing the boat launch.
Mr. Kim Elverum from the DNR has been assisting City staff to determine what changes
would need to occur to the current ordinance in order to give the City Council authority to
declare a temporary "no wake" zone. In discussions with the DNR, there are two options
for the City:
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1. The City can begin the process to amend the current surface water regulations
listed in chapter 7 of the City Code.
2. Leave the regulations as they are and only react in emergency situations.
OPTION]:
The DNR informed staff that they are currently dealing with "no wake zone" inquires
throughout the state. They also mentioned the City of Shoreview contacted them about
implementing a temporary no-wake zone for Owasso Lake. To enact a no-wake zone for a
lake, the DNR stated the city would need to create an ordinance for either a temporary or
permanent no-wake zone. Once there is an ordinance in place the Sheriff's Office Water
Patrol can then enforce a no-wake zone. The DNR sent the City a packet of information
about creating a no-wake rule. The packet of information includes related statutes for
surface water use, a worksheet the city needs to complete and submit to the DNR and an
ordinance template the city can use to create a temporary or permanent no-wake zone
ordinance. This DNR information packet is attached for your reference (Attachment A).
Lake Johanna has surface regulations in place that were adopted in 1974 by Ordinance 181.
In 2001, the City Code was recodified and the surface use regulations were placed into
chapter 7, with ordinance 181 being repealed(Attachment B).
The process to amend the surface water regulations within the City Code, as detailed in the
information packet provided in attachment A are summarized below:
1. Determine and establish the normal high water level on Lake Johanna. Staff has
contacted the DNR and received the ordinary high water mark of 878.0.
Ramsey County Public Works has an elevation gauge located just to the right of
the boat launch that they install each spring to monitor the water level.
2. Determine what water level the City Council would institute a temporary no
wake speed on the entire lake and also what level it would come off. The
DNR stated that some Cities have added in a provision to allow a 3-5 day period
in case the water comes up fast and goes back down fast.
3. Contact the Ramsey County Sheriff's Department to inquire as to whether they
can enforce the proposed change to the regulations. Staff has contacted the
Sheriff and they have indicated that they will have the capability to enforce this
type of an ordinance.
4. Bring proposed amendments to the City Council for review and approval,
including holding a public hearing regarding the proposed regulation changes.
S. Send ordinance amendments and application with all required documentation to
the DNR for review.
Below is sample language for a temporary slow-no wake regulation:
Slow-no wake speed 24 hours per day when the lake level on Lake Johanna exceeds
_ feet as measured at the gauge located at . Such restrictions shall become
effective upon publication in a local daily newspaper as a news item or on a
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specified date, whichever is later. All public watercraft accesses shall be posted
prior to and during the time restrictions are in place. In addition, notice of said
restrictions shall also be posted at the City Hall.
When high water levels have subsided and have remained below an elevation of
_feet above mean sea level for three (3) consecutive days, said restrictions shall
be promptly removed.
OPTION 2
The City could leave the regulations as they are and only react in emergency high water
situations. The Minnesota Water Surface Use Management Rules (within information
packet—Attachment A) refer to a process the City could follow in high water or emergency
situations. In Section 6110.3700 — Water Surface Management Standards, Subpart 9, it
refers to local authority in situations of emergency. It reads:
Subp. 9. Emergencies. In situations of local emergency, temporary special
controls may be enacted by a County, City or Town for a period not more than five
days without the commissioner's approval. The commissioner shall be notified,
however as soon as practicable during this five day period.
In speaking with Mr. Elverum, there are no official procedures listed for enacting these
temporary special controls. He indicated that the DNR prefers that the City adopt a
resolution in this situation. However, if the high water emergency occurs on a weekend,
this would cause a delay. The City Council could have the Mayor officially declare a high
water emergency and call a special meeting on the first available work day to officially
adopt the resolution.
The DNR has sample language that could be utilized within a Council resolution in
emergency situations. There are no specific guidelines on resident notification or water
access postings. The DNR recommends posting the emergency regulations at all public
watercraft accesses and notifying all lakefront property owners.
If the City Council decides to pursue option two, staff will prepare the following to have
ready in case of a high water emergency situation:
1. Draft Resolution setting a temporary "no wake" zone due to a high water
emergency.
2. Draft resident notification
3. 2 signs identifying the temporary"no wake" zone.
Staff Recommendation
After discussions with the DNR, Ramsey County Sheriff and the City Administrator, staff
recommends option two: Leaving the current surface water regulations as they are and
only reacting in emergency high water situations. If high water occurrences become more
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regular, the City could revisit this issue at a later date and consider amending the current
surface water regulations.
Requested Council Motion
Staff provided this summary and options for Council review. Staff is looking for direction
on which option to pursue.
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Attachment A :
Water Surface Use Regulations Information - DNR
Water Surface Use Rules
And Statutes
Minnesota
Ir
DEPARTMENTOF
NATURALRESOURCES
Minnesota Department
of Natural Resources
500 Lafayette Road
St.Paul,MN 55155-4046
February 2007
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
MINNESOTA WATER SURFACE USE MANAGEMENT RULES
6110.3000 POLICY.
It is the policy of this state to promote full use and enjoyment of waters of the state,to promote
safety for persons and property in connection with such use,and to promote uniformity of laws relating to
such use.
Statutory Authority: M.S. § 361.25
6110.3100 SCOPE.
As part of implementing that policy,Minnesota Statutes, sections 378.32 and 459.20 authorize
counties, cities,and towns to regulate by ordinance the use of surface waters by watercraft,upon approval
of any such ordinance by the commissioner. Minnesota Statutes,section 361.26, subdivision 2a
authorizes the commissioner to regulate such use by rule, upon request of a county, city or town, and after
the rule is approved by the majority of the counties affected. Parts 6110.3000 to 6110.4200,however,
shall not apply to units of government other than counties, cities, and towns, or to counties, cities,or
towns adopting ordinances identical to and on the same body of water as a lake conservation district
ordinance.
Statutory Authority: M.S. § 361.25
6110.3200 GOAL OF WATER SURFACE USE MANAGEMENT.
The goal of water surface use management shall be to enhance the recreational use, safety, and
enjoyment of the water surface of Minnesota and to preserve these water resources in away that reflects
the state's paramount concern for the protection of its natural resources. In pursuit of that goal, an
ordinance or rule shall:
A. where practical and feasible, accommodate all compatible recreational uses;
B. minimize adverse impact on natural resources;
C. minimize conflicts between users in a way that provides for maximum use, safety, and
enjoyment; and
D. conform to the standards set in part 6110.3700,
Statutory Authority: M.S. § 361.25
6110.3300 STATUTORY AUTHORITY.
Parts of 6110.3000 to 6110.4200 are required by Minnesota Statutes, section 361.25. They
provide procedures for the development and approval of rules and ordinances for resolving water surface
use conflict by regulating:
A. type and size of watercraft;
B. type and horsepower of motors;
C. speed of watercraft;
D. time of use;
E. area of use; and
F. the conduct of other activities on the water body where necessary to secure the safety
of the public and the most general public use.
Statutory Authority: M.S. § 361.25
6110.3400 JURISDICTION OF COMMISSIONER.
The commissioner shall exercise his discretion under Minnesota Statutes, section 361.26,
subdivision 2 to regulate a water body when so requested by a county, city, or town only when the water
body:
A. is traversed by a state or international boundary; or
B. is within the jurisdiction of two or more counties which cannot agree on the content of
ordinances; and
C. regulation is necessary to achieve the goals in part 6110.3200.
In all other cases,water surface use regulation shall be by county, city, or town ordinance as
specified in Minnesota Statutes, sections 378.32 and 459.20. If a body of water is located within the
jurisdiction of two or more cities or towns which cannot agree on the content of ordinances,any such city
or town may petition the county in which they are located to adopt an ordinance.
Statutory Authority: M.S. § 361.25
6110.3500 EXISTING ORDINANCES AND RULES.
All existing ordinances and rules adopted on or after January 1, 1975 affecting water surface use
shall be brought into compliance with parts 6110.3000 to 6110.4200 within a reasonable time period after
promulgation of these parts.
Statutory Authority: M.S. §361.25
6110.3600 ASSESSMENT OF CONDITIONS.
Subpart 1. Factors to consider. The commissioner of any governmental unit formulating,
amending, or deleting controls for surface waters shall acquire and consider the following information,
noting factors that are not relevant:
A. Physical characteristics:
(1)size: normal surface acreage,if available,or the basin acreage listed in the
Division of Waters Bulletin No.25,An Inventory of Minnesota Lakes;
(2)crowding potential: expressed as a ratio of water surface area to length of
shoreline;
(3)bottom topography and water depth;
(4) shore soils and bottom sediments;
(5) aquatic flora and fauna; ,
(6)water circulation: for lakes,the existence and locations of strong currents,
inlets, and large water level fluctuations; for rivers and streams,velocity and water level fluctuations;
(7)natural and artificial obstructions or hazards to navigation, including but not
limited to points,bars,rocks, stumps,weed beds,docks,piers, dams,diving platforms, and buoys; and
(8)regional relationship: the locations and the level of recreational use of other
water bodies in the area.
B. Existing development:
(1)Private: to include number,location, and occupancy characteristics of
permanent homes, seasonal homes, apartments,planned unit developments,resorts,marinas,
campgrounds,and other residential, commercial,and industrial uses.
(2)Public: to include type, location, size, facilities, and parking capacity of
parks,beaches, and watercraft launching facilities.
C. Ownership of shoreland: to include the location and managing governmental unit of
shoreline in federal, state, county, or city ownership as well as private, semipublic,or corporate lands.
D. Public regulations and management: to include federal, state, or local regulations and
management plans and activities having direct effects on watercraft use of surface waters.
E. History of accidents which have occurred on the surface waters.
F. Watercraft use: to include information obtained in the morning, afternoon, and
evening on at least one weekday and one weekend day,concerning the number and types of watercraft in
each of the following categories: kept or used by riparians,rented by or gaining access through resorts or
marinas,using each public watercraft launching facility, in use on the waterbody.
G. Conflict perception and control preferences: to include opinions gained by surveys or
through public meetings or hearings of riparians,transients, local residents, and the public at large.
Subp. 2. Written statement. Any governmental unit formulating, amending, or deleting controls
for surface waters shall submit to the commissioner the following:
A. the information requested in subpart 1,portrayed on a map to the extent reasonable;
B. a statement evaluating whether the information reveals significant conflicts and
explaining why the particular controls proposed were selected;
C. the proposed ordinance; and
D. a description of public hearings held concerning the proposed controls,including an
account of the statement of each person testifying.
Subp. 3. Commissioner review and approval. The commissioner shall require the ordinance
proposer to provide additional information of the kind described in subpart 1 when needed in order to
make an informed decision. The commissioner shall approve the ordinance if it conforms with these
rules.
Statutory.Authority: M.S. § 361.25
6110.3700 WATER SURFACE MANAGEMENT STANDARDS.
Subpart 1. Purpose. To promote uniformity of ordinances or rules on the use of watercraft on
surface waters of this state,to encourage compliance and to ease enforcement,the commissioner and any
government unit formulating such ordinances or rules shall follow these standards. When formulating an
ordinance or rule, it is not required that all the standards listed below be incorporated into every ordinance
or rule. Rather,the commissioner or governmental unit shall select from the standards listed below such
standard(s)as are needed to regulate the surface use of waters.
Subp. 2. Watercraft type and size. Controls may be formulated concerning the type and/or size
of watercraft permissible for use on surface water body(ies)or portions thereof.
Subp. 3. Motor type and size. Controls,if any,concerning the maximum total horsepower of
motor(s)powering watercraft on surface waters shall utilize one or more of the following horsepower
cutoffs or motor types: 25 hp; 10 hp; electric motors;no motors.
Subp.4. Direction of travel. Directional controls, if used, shall mandate watercraft to follow a
counterclockwise path of travel.
Subp. 5. Speed limits. Controls,if any,concerning the maximum speeds allowable for
watercraft on surface waters shall utilize one or more of the following miles-per-hour cutoffs:
A. "Slow-No Wake"means operation of a watercraft at the slowest possible
speed necessary to maintain steerage and in no case greater than five mph.
B. 15 mph.
C. 40 mph.
Subp. 6. Effective Time. Controls must use one or more of the following time periods:
A. sunrise to sunset or sunset to sunrise the following day;
B. 9:00 a.m.to 6:00 p.m. or 6:00 p.m. to 9:00 a.m. the following day;
C. noon to 6:00 p.m. or 6:00 p.m.to noon the following day;
D. all 24 hours of the day.
Controls must be in effect during one of the following calendar divisions: all year;Memorial Day
weekend through Labor Day weekend; on all weekends and legal holidays occurring within Memorial
Day weekend through Labor Day weekend.
Controls governing the use of watercraft may be adopted which are placed into effect based upon
specific water elevations.
Subp. 7. Area zoning. Controls shall clearly specify which portion of the water body is affected
by such controls.
Area controls may be formulated concerning any of the subject matter covered in the water
surface management standards in subparts 2 to 9.
Controls concerning a"Slow-No Wake"shall be established for the entire water body or portion
thereof according to the following criteria: within 100 feet or 150 feet from the shore; or where watercraft
speed or wake constitutes a hazard to persons,property,or the natural resources; or where it has been
determined that such control(s)would enhance the recreational use and enjoyment of the majority of
users.
Subp. 8. Conduct of other activities on a body of water. Controls formulated by a
governmental unit which restricts other activities(such as swimming or scuba diving) shall conform to
part 6110.3200.
Subp. 9. Emergencies. In situations of local emergency,temporary special controls may be
enacted by a county, city, or town for a period not more than five days without the commissioner's
approval. The commissioner shall be notified,however, as soon as practicable during this five-day
period.
Subp. 10. Additional evidence. A government unit may submit additional evidence if it feels
that variance from the afore-stated standards is necessary to best address a particular problem. The
commissioner will review such evidence and shall grant a variance if there are circumstances peculiar to
the body or bodies of water in question of such magnitude as to overshadow the goal of uniformity.
Statutory Authority: M.S. § 361.25
6110.3800 ADMINISTRATIVE PROVISIONS.
Subpart 1. Enforcement and penalties. Any government unit adopting ordinances pursuant to
Minnesota Statutes, sections 378.32 and 459.20 shall provide for their enforcement and prescribe
penalties for noncompliance. Rules established pursuant to Minnesota Statues, section 361.26 shall be
enforced by conservation officers of the Department of Natural Resources and the sheriff of each county.
Rules or ordinances shall contain a provision exempting authorized resource management,
emergency,and enforcement personnel when acting in the performance of their assigned duties. They
may also provide for temporary exemptions from controls through the use of permits issued by the unit of
government adopting the ordinance or rule.
Subp. 2. Commissioner's approval for proposed ordinances. Any governmental unit
formulating ordinances or desiring amendments and deletions to existing ordinances shall submit the
written statement required by these rules with the proposed ordinance to the commissioner pursuant to
Minnesota Statutes, section 378.32 for his approval or disapproval. Determination of approval or
disapproval shall be based upon the written statement and the compatibility of the ordinance with these
rules. If the proposed ordinance is disapproved by the commissioner and a satisfactory compromise
cannot be established,the governmental unit may initiate a contested case hearing to settle the matter.
The commissioner shall notify the governmental unit in writing of his approval or disapproval of
proposed ordinances within 120 days after receiving them pursuant to Minnesota Statutes, section 378.32.
Failure to so notify shall be considered approval.
Subp. 3. Public notice. Any governmental unit adopting ordinances shall provide for adequate
notification of the public,which shall include placement of a sign at each public watercraft launching
facility outlining essential elements of such ordinances,as well as the placement of necessary buoys and
signs. All such signs and buoys shall meet requirements specified in Minnesota Statutes,section 361 and
parts 6110.1500 to 6110.1900.
The commissioner shall publish and update at his discretion a listing of watercraft use rules and
ordinances on surface waters of the state for distribution to the public.
Statutory Authority: M.S. §361.25
RELEVANT WATER SURFACE USE STATUTES
CHAPTER 86B
86B.201 STATE LAW AND LOCAL ORDINANCE AUTHORITY.
Subdivision 1. Application of state law. The provisions of this chapter and of other applicable laws of
this state shall govern the operation,equipment,numbering, and all other related matters for a watercraft
operated on the waters of this state,or the time when an activity regulated by this chapter may take place.
Subd. 2. Local authority to adopt ordinance. (a)This chapter does not limit the authority of a
political subdivision of this state to adopt regulations that are not inconsistent with this chapter and the
rules of the commissioner relating to the use of waters of this state that are wholly or partly within the
territorial boundaries of a county or entirely within the boundaries of a city.
(b)A city of the first class of over 200,000 or the park board of the city may forbid the use of
motorboats or boats with attached motors on its lakes.
Subd. 3. Nonmotorized carry-on access. A person may access any public waters through public
land with a hand-carried nonmotorized watercraft.
HIST.• 1990 c 391 art 9 s 9; 1997 c 226 s 11
86B.205 WATER SURFACE USE ORDINANCE.
Subdivision 1. Assistance. The commissioner shall develop and publish guidelines to assist
counties adopting water surface use ordinances for waters within their jurisdiction.
Subd. 2. Surface use ordinances. (a)A county board may,by ordinance,regulate the surface
use of bodies of water located entirely or partially within the county and not located entirely within the
boundary of a single city or lake conservation district established by law.
(b)If a body of water is located within more than one county,a surface use ordinance is not
effective until adopted by the county boards of all the counties where the body of water lies under section
471.59 or placed into effect by order of the commissioner under subdivision 9.
(c)With the authorization of an affected city or lake conservation district, a county board may
assume and exercise the powers in subdivisions 2 to 5 with respect to bodies of water lying entirely
within that city or lake conservation district. The regulation by the county of the surface use of a portion
of a body of water located within the boundary of a city must be consistent with any city regulation
existing on May 25, 1973,of the surface use of that portion of the body of water. After January 1, 1975,
the ordinance must be consistent with the provisions of this chapter and rules of the commissioner under
this chapter.
Subd. 3. Prior ordinances invalid without approval. A surface use zoning ordinance adopted
under subdivisions 2 to 5 by a local governmental unit after May 25, 1973, is invalid unless it is approved
by the commissioner.
Subd.4. Approval of ordinances. A proposed surface use zoning ordinance must be submitted
to the commissioner for review and approval before adoption. The commissioner must approve or
disapprove the proposed ordinance within 120 days after receiving it. If the commissioner disapproves
the proposed ordinance,the commissioner must return it to the local governmental unit with a written
statement of the reasons for disapproval.
Subd. 5. County regulatory authority. A county board may:
(1)regulate and police public beaches,public docks, and other public facilities for access to a
body of water, except:
(i)regulations are subject to subdivision 6;
(ii)a county board may not regulate state accesses; and
(iii)a municipality may by ordinance preempt the county from exercising power under this
subdivision within its jurisdiction;
(2)regulate the construction, configuration, size, location, and maintenance of commercial
marinas and their related facilities including parking areas and sanitary facilities in a manner consistent
with other state laws and the rules of the commissioner of natural resources,the pollution control agency,
and the commissioner of health, and with the applicable municipal building codes and zoning ordinances
where the marinas are located;
(3)regulate the construction,installation, and maintenance of permanent and temporary docks
and moorings in a manner consistent with state and federal law,permits required under chapter 103G,and
sections 86B.111 and 86B.115;
(4)except as provided in subdivision 6,regulate the type and size of watercraft allowed to use the
body of water and set access fees;
(5)subject to subdivision 6,limit the types and horsepower of motors used on the body of water;
(6)limit the use of the body of water at various times and the use of various parts of the body of
water;
(7)regulate the speed of watercraft on the body of water and the conduct of other activities on the
body of water to secure the safety of the public and the most general public use; and
(8) contract with other law enforcement agencies to police the body of water and its shore.
Subd. 6. 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.
Subd. 7. County acquisition of public access. A county board may acquire by purchase, gift, or
devise land for public access to a lake or stream and may improve the land as a park or playground if the
land is less than ten acres and is contiguous to the meander line of a navigable lake or stream wholly or
partly within the county and not entirely within the corporate limits of a city.
Subd. 8. Advisory assistance. The county board may invite any municipal council or town
board or the soil and water conservation district board of supervisors or watershed district board of
managers to designate a representative to advise and consult with the county board on water use
regulation and improvement.
Subd. 9. Watercraft use rules for local waters. (a)On request of a county, city, or town,the
commissioner may, after determining it to be in the public interest, establish rules relating to the use of
watercraft on waters of this state that border upon or are within,in whole or in part,the territorial
boundaries of the governmental unit.
(b)The rules shall be established in the manner provided by sections 14.02 to 14.62,but may not
be submitted to the attorney general nor filed with the secretary of state until first approved by resolutions
of the county boards of a majority of the counties affected by the proposed rules.
(c)The rules may restrict:
(1)the type and size of watercraft and size of motor that may use the waters affected by the rule;
(2)the areas of water that may be used by watercraft;
(3)the speed of watercraft;
(4)the times permitted for use of watercraft; or
(5)the minimum distance between watercraft.
(d)When establishing rules,the commissioner shall consider the physical characteristics of the
waters affected,their historical uses, shoreland uses and classification, and other features unique to the
waters affected by the rules.
(e)The commissioner shall inform the users of the waters of the rules affecting them at least two
weeks before the effective date of the rules by distributing copies of the rules and by posting of the public
accesses of the waters. The failure of the commissioner to comply with this paragraph does not affect the
validity of the rules or a conviction for violation of the rules.
(f)The cost of publishing rules and of marking and posting waters under this subdivision shall be
paid by the counties affected by the rules, as apportioned by the commissioner.
(g)Regulations or ordinances relating to the use of waters of this state enacted by a local
governmental unit before January 1, 1972,shall continue in effect until repealed by the local
governmental unit or superseded by a rule of the commissioner adopted under this subdivision.
History: 1990 c 391 art 9 s 10
86B.211 WATER SAFETY RULES.
The commissioner shall adopt rules that relate to:
(1)the application for,form, and numbering of watercraft licenses;
(2)the size, form,reflectorized material,and display of watercraft license numbers,which must comply
with the requirements of the federal watercraft numbering system;
(3)placement and regulation of docks,piers,buoys,mooring or marking devices, and other structures
in the waters of this state;
(4)rules of the road for watercraft navigation;
(5)standards for equipment used in the towing of persons on water skis, aquaplanes, surfboards,
saucers,and other devices;
(6)standards for lights, signals, fire extinguishers,bilge ventilation, and lifesaving equipment;
(7) standards of safe load and power capacity;
(8) accounting,procedural, and reporting requirements for county sheriff,
(9)designation of swimming or bathing areas;
(10) standards of safety for watercraft offered for rent,lease, or hire;
(11)the use of surface waters of this state by watercraft as provided and in accordance with section
8613.205, subdivision 9,paragraphs(c)and(d),including:
(1) standards and criteria for resolving conflicts in the use of water surfaces by watercraft;
(ii)procedures for dealing with problems involving more than one local governmental unit;
(iii)procedures for local enforcement; and
(iv)procedures for enforcing the restrictions in section 8613.205,subdivision 9,paragraph(c); and
(12)other rules determined by the commissioner to be necessary to implement the provisions of this
chapter.
HIST.• 1990 c 391 art 9 s 11; 1991 c 259 s 10
STATUTES ON LAKE IMPROVEMENT DISTRICTS
103B.551 BOARD OF DIRECTORS.
Subdivision 1. Membership. After a lake improvement district is established,the county board,joint
county authority, or commissioner that established the district shall appoint persons to serve as an initial
board of directors for the district. Subsequent board members must be elected by persons owning
property in the district at the annual meeting of the district. The number, qualifications,terms of office,
and method of election,removal, and filling of vacancies of directors shall be as provided in the order
creating the board of directors. The initial and all subsequent boards of directors must include persons
owning property within the district, and a majority of the directors must be residents of the district.
Subd. 2. Compensation. The directors shall serve with compensation as determined by the property
owners at the annual meeting and may be reimbursed for their actual expenses necessarily incurred in the
performance of their duties in the manner provided for county employees.
Subd. 3. Powers. County boards,joint county authorities, statutory and home rule cities, and towns
may,by order, delegate the powers in this section to the board of directors of a district to be exercised
within the district. Programs and services undertaken must be consistent with the statewide water and
related land resources plan prepared by the commissioner of natural resources and with regional water
and related land resources plans. A body of water may not be improved by using authority granted under
this section unless the public has access to some portion of the shoreline. County boards,joint county
authorities, statutory and home rule cities,and towns may delegate their authority to a district board of
directors to:
(1)acquire by gift or purchase an existing dam or control works that affects the level of waters in the
district;
(2)construct and operate water control structures that are approved by the commissioner of natural
resources under section 103G.245;
(3)undertake projects to change the course current or cross section of public waters that are approved
by the commissioner of natural resources under section 103G.245;
(4)acquire property, equipment,or other facilities,by gift or purchase to improve navigation;
(5)contract with a board of managers of a watershed district within the lake improvement district or the
board of supervisors of a soil and water conservation district within the district for improvements under
chapters 103C and 103D;
(6)undertake research to determine the condition and development of the body of water and the water
entering it and to transmit the results of the studies to the pollution control agency and other interested
authorities;
(7)develop and implement a comprehensive plan to eliminate water pollution;
(8)conduct a program of water improvement and conservation;
(9) construct a water, sewer,or water and sewer system in the manner provided by section 444.075 or
other applicable laws;
(10)receive financial assistance from and participate in projects or enter into contracts with federal and
state agencies for the study and treatment of pollution problems and related demonstration programs;
(11)make cooperative agreements with the United States or state government or other counties or cities
to effectuate water and related land resource programs;
(12)maintain public beaches,public docks,and other public facilities for access to the body of water;
(13)provide and finance a government service of the county or statutory or home rule city that is not
provided throughout the county or,if the government service is provided,the service is at an increased
level within the district; and
(14)regulate water surface use as provided in sections 8613.205, 103G.605, and 103G.621.
HIST: 1990 c 391 art 2 s 40; 1996 c 385 art 2 s 7;2000 c 396 s 3
PARK DISTRICT STATUTES
398.08 GENERAL POWERS.
Park districts shall have all the rights,powers,privileges and immunities of a municipal
corporation at common law and they shall be subject to the duties of a municipal corporation at common
law. Except as otherwise limited in this chapter they shall have perpetual succession,may sue and be
sued,may use a corporate seal,may acquire by lease,purchase, gift,condemnation or otherwise such real
and personal property as the purposes of the board may require and may hold,manage, control, sell,
convey, lease or otherwise dispose of such property or its interests therein. The board shall have full
authority to exercise all the powers of the district,to make all necessary or desirable contracts,to procure
public liability and other insurance protection as may be necessary or desirable,to hire and employ help
and assistance as its needs require,to exercise the power of eminent domain, to enact ordinances and to
declare that the violation thereof shall be a penal offense and to prescribe the penalties,thereof,not to
exceed a fine of$100, or imprisonment in a statutory city or county jail for a period of not more than 90
days,or both, and in either case the cost of prosecution may be added to the penalties imposed. The
board shall have full power and authority to acquire and establish parks and to operate,maintain,protect,
improve and preserve a park system and to conduct a recreational program in its parks.
History: 1955 c 806 s 8; 1973 c 123 art 5 s 7
398.09 SPECIFIC POWERS(Subd. (a) only).
Park district boards in addition to the foregoing general powers shall have these specific
powers:
(a)The power to regulate by ordinance the use of the waters of any lake lying wholly within a park
established under this chapter and the use of any lake shore which is within a park established under this
chapter and the waterfront immediately abutting such lake shore for not to exceed 300 feet therefrom,by
all persons,including persons boating, swimming, fishing, skating or otherwise,in,upon or about said
lake, lake shore and abutting waterfront, subject to regulation by the state of Minnesota.
See MNStats.for remainder of section
History: 1955 c 806 s 9; 1957 c 160 s 1; 1973 c 123 art 5 s 7; 1984 c 654 art 2 s 127; 1986 c 444; 2001
c44s4
STATUTES REGARDING CITIES AND TOWNS
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 86B.205, subdivision 6, as are conferred on county boards
by sections 86B.205 and 103F.801, and to establish and administer lake improvement districts under
sections 103B.501 to 10313.581. 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 471.5 9,jointly exercise such powers
to improve and regulate the use of the body of water subject to section 103F.751, as are conferred on
county boards by sections 86B.205 and 103F.801, and to establish and administer lake improvement
districts as provided under sections 103B.501 to 103B.581,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 103B.501 to 103B.581. References in sections 86B.205, 103B.501 to
103B.581, and 103F.801 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.
History: 1973 c 123 art 5 s 7; 1973 c 702 s 24; 1975 c 311 s 1; 1978 c 726s 17; 1986 c 439 s 5; 1986 c
443 s 16,17; 1990 c 391 art 8 s 46
WATER SURFACE USE WORKSHEET
APPLICANTS FOR WATER SURFACE USE ORDINANCES ARE REQUIRED BY MILAN. RULE
6110.3600 TO SUPPLY THE FOLLOWING INFORMATION REGARDING THE WATER BODY TO
BE REGULATED. YOU MAY USE THIS FORM OR SEPARATE SHEETS TO PROVIDE THE
NECESSARY INFORMATION. (PLEASE NOTE ANY INFORMATION THAT IS NOT
RELEVANT.)
Physical Characteristics
a. Size-normal surface acreage, if available,or the basin acreage listed on the DNR Web Page
or in the Division of Waters Bulletin No. 25 "An Inventory of Minnesota Lakes."
surface acres(or) basin average
b. Crowding potential -expressed as a ratio of water surface area to length of shoreline.
surface acres: miles of shoreline
c. Bottom topography and water depth(deepest&average) (available from DNR regional or
area fisheries headquarters).
d. Shore soils and bottom sediments(available from DNR regional or area fisheries
headquarters).
e. Aquatic flora and fauna(available from DNR regional or area fisheries headquarters).
f. Water Circulation
For Lakes: the existence and locations of strong currents,inlets,and large water level
fluctuations.
For Rivers and Streams: velocity and water level fluctuations.
g. Natural and artificial obstructions or hazards to navigation,including but not limited to
points,bars,rocks, stumps,weed beds, docks,piers, dams, diving platforms,and buoys.
h. Regional relationship—the locations and the level of recreational use of other water bodies in
the area.
2. Existing development.
a. Private—to include number, location,and occupancy characteristics of permanent homes,
seasonal homes, apartments,planned unit developments,resorts,marinas, campgrounds,
and other residential, commercial, and industrial uses.
b. Public—to include type,location, size, facilities,and parking capacity of parks,beaches,
and watercraft launching facilities.
3. Ownership of shoreland-to include the location and managing governmental unit of shoreline in
federal, state,county,or city ownership as well as private semi-public or corporate lands.
4. Public regulations and management—to include federal, state or local regulations and
management plans and activities having direct effects on watercraft use of surface waters.
5. History of accidents which have occurred on the surface waters(available from sheriff's office).
6. Watercraft use—to include information obtained in the morning, afternoon and evening on at
least one weekday and one weekend day, concerning the number of types of watercraft in each of
the following categories:
a. Kept or used by riparians.
b. Rented by or gaining access through resorts or marinas.
C. Using each public watercraft launching facility.
d. In use on the waterbody.
7. Conflict perception and control preferences—to include opinions, gained by surveys or through
public meetings or hearings of riparians,transients,local residents, and the public at large.
IN ADDITION TO THE ABOVE,APPLICANTS ARE ALSO REQUIRED TO PROVIDE:
1. The information requested in Minn. Rule 6110.3600,portrayed on a map to the extent reasonable.
2. A statement evaluating whether the information reveals significant conflicts and explaining why
the particular controls proposed were selected.
3. The proposed ordinance.
4. A description of public hearings held concerning the proposed controls, including an account of
the statement of each person testifying.
NAME(TYPE OR PRINT)
SIGNATURE
TITLE OF PERSON
COMPLETING FORM
PHONE/E—MAIL
Return completed form to:
Minnesota Department of Natural Resources
Boat and Water Safety Section
500 Lafayette Road
St. Paul,Minnesota 55155-4046
SAMPLE WATER SURFACE USE ORDINANCE
STATE OF MINNESOTA
COUNTY OF
(CITY OR TOWN OF )
ORDINANCE NO.
AN ORDINANCE REGULATING THE SURFACE USE OF(specify body of water).
Be it ordained and enacted by the(County Board of Commissioners City Council or Town
Boar State of Minnesota,that these amendments following,by this act,hereby replace and nullify
those like numbered clauses now existing and a part of(County, City or Town)Ordinance No. , or
are newly enacted sections which,upon their enactment,become a part of(County, City or Town)
Ordinance No.
Section 1: PURPOSE, INTENT AND APPLICATION: As authorized by Minnesota Statutes
8613.201, 8613.205, and 459.20,AND Minnesota Rules 6110.3000-6110.3800 as now in effect and as
hereafter amended,this Ordinance is enacted for the purpose and with the intent to control and regulate
the use of the waters of in(County, City or Town),Minnesota, said bodies of water being
located entirely within the boundaries of(County City or Town),to promote its fullest use and enjoyment
by the public in general and the citizens of(County City or Town)in particular,to insure safety for
persons and property in connection with the use of said waters;to harmonize and integrate the varying
uses of said waters; and to promote the general health, safety and welfare of the citizens of(County, City
or Town),Minnesota.
Section 2: DEFINITIONS: Terms used in this ordinance related to boating are defined in M.S. §
86B.005.
Section 3: SURFACE ZONING OF Lspeci&body of water)BY RESTRICTING SPEEDS
DURING CERTAIN HOURS (items given are samples only to assist in drafting an ordinance—alternate
restrictions may also be appropriate):
(a) During the hours of 9:00 a.m. and 6:00 p.m. on each and every day of the week,watercraft
shall be subject to a 40 MPH speed limit.
(b)During the hours of 6:00 p.m. and 9:00 a.m. on the following day,on each and every day of
the week,no watercraft shall be operated in excess of fifteen(15)miles per hour.
(c) Slow-no wake speed 24 hours per day when the lake level on Lake exceeds
feet as measured at the gauge located at . Such restrictions shall become effective
upon publication in a local daily newspaper as a news item or on a specified date,whichever
is later. All public watercraft accesses shall be posted prior to and during the time restrictions
are in place. In addition,notice of said restrictions shall also be posted at the
(Courthouse/City Hall).
When high water levels have subsided and have remained below an elevation of feet
above mean sea level for three(3)consecutive days, said restrictions shall be promptly removed.
Section 4: ENFORCEMENT*: The Primary responsibility for enforcement of this ordinance shall
rest with the * This,however, shall not preclude enforcement by other licensed peace
officers.
*NOTE:If the local unit of government that is doing the ordinance does not have any law enforcement capability,you must
contact the sheriff's department prior to starting any work on the ordinance to make sure they are willing and able to be the
primary agency to enforce any restrictions.If you are a city that has a police department,they need to be included as a primary
enforcement agency,as well. State agencies,including the DNR,are generally not available for the primary enforcement of local
ordinances.
Section 5: EXEMPTIONS: All authorized Resource Management, Emergency and Enforcement
Personnel,while acting in the performance of their assigned duties are exempt from the foregoing
restrictions.
Section 6: NOTIFICATION: It shall be the responsibility of the(County, City or Town
to provide for adequate notification of the public,which shall include placement of a sign at each public
watercraft access outlining essential elements of the ordinance,as well as the placement of necessary
buoys and signs.
Section 7: PENALTIES: Any person who shall violate any of the provisions of this Ordinance
shall be guilty of a
Section 8: EFFECTIVE DATE: This Ordinance shall be in effect from and after the date of its
passage and publication.
Passed by the (County Board of Commissioners. City Council or Town Board on this day
of 120—.
Sample Joint Powers Agreement
AGREEMENT made this day of (Month and year)between the City of
(City,Township or County and State) and (City,Township or County and State)pursuant
to Minnesota Statute Section 471.59.
I. GENERAL PURPOSE. The general purpose of this agreement is to regulate the speed and wake of
watercraft utilizing that portion of the (Body of Water and location) all for the safety
and general welfare of the public utilizing said waters.
Il. METHODS. The Cities of and may hereafter adopt such
ordinances and regulations as they deem fit to implement the general purposes referred to herein. Any
such ordinances adopted by the Cities shall be identical in nature so as to provide uniformity in
enforcement and regulation
III. ENFORCEMENT
Subd.A. The City of shall be solely responsible for notifying the public by
official notification,posting and buoying all areas to be regulated as described herein.
Subd. B. The City and all appropriate law enforcement agencies are authorized and entitled to
enforce the provisions of any regulations or ordinances adopted pursuant to this agreement.
IV. TERMINATION. Either party may terminate this agreement by giving days of notice to the
other party of its intention to do so. Furthermore,this Agreement shall automatically terminate if the
ordinances adopted pursuant to this agreement are modified to such a degree that they are substantially
different in their terms or in the event State Law supercedes local authority to regulate the activities
referred to herein.
In witness whereof,the parties have signed this Agreement the day and year first above written.
(City,Township or County)of
By
Its Mayor
(City,Township or County)of
By
(Title)
(Title)
Attachment B :
Chapter 7 of City Code that pertains to Lake Johanna Surface Use
Regulations
Chapter 7 Recreation Areas
Section 700 -Lakes
700.01 Purpose,Intent and Application. As authorized by M.S.§86B.201 (2),as now in effect
and as hereafter amended time from time,this section is enacted for the purpose and with'the
intent to control and regulate the use of the waters of Lake Johanna (62-78), T. 30, R. 23, S.
33-34,Ramsey County,Minnesota,a body of water located entirely within the boundaries of
the City,to promote its fullest use and enjoyment by the public in general and the citizens of
the City in particular; to ensure safety for persons and property in connection with the use of
the waters; to harmonize and integrate the varying uses of the waters; to fulfill a demand for
the regulation of the waters as indicated by citizens of the City who responded to
questionnaires circulated by the City as to the need for such regulations; and to promote the
general health,safety and welfare of the citizens of this City.
700.02 Laws and Regulations Adopted. The Minnesota Waters and Watercraft Safety Laws,
M.S. Ch. 86B, as now existing and hereafter amended from time to time, and the Boat and
Water Safety Rules and Regulations promulgated by the State of Minnesota Department of
Natural Resources, as the same now exist and are hereafter amended, are hereby adopted,
incorporated herein by reference, and made a part hereof as if set forth in their entirety. At
least three (3) copies of the Waters and Watercraft Safety Laws and Boat and Water Safety
Rules and Regulations,so adopted,shall be marked as official copies and filed in the office of
the city administrator.
State law reference-Waters and watercraft safety,M.S. Ch. 86B
7 - 1
Adopted December 17,2001
700.03 Violations. Any person violating the Minnesota Waters and Watercraft Safety Laws
and the Boat and Water Safety Rules and Regulations promulgated by the Minnesota
Department of Natural Resources, adopted and incorporated herein by reference, shall be
subject to the penalties and punishment provided in this section.
700.04 Enforcement. The appropriate officials as designated by the City Council may be
authorized and directed to make such arrangements with the county,including entering into a
joint powers agreement therewith,if necessary,to ensure the placement of buoys demarcating
the restricted speed zones,the notification of the public of the existence of this section and the
enforcement of the provisions of this section by the county sheriffs office. Notwithstanding
anything herein to the contrary, officers of the City's designated law enforcement provider
shall be authorized and entitled to enforce the provisions of this section in conjunction with
and in addition to officers and deputies of the county sheriffs office, whether or not the
officers of the City's designated law enforcement provider are deputized by the county sheriffs
office.
700.05 Surface Zoning Map. The boundaries of the various speed zones of the waters of Lake
Johanna shall be designated on the map of the lake on file in the office of the city
administrator,which map is adopted and incorporated herein by reference and made a part of
this code as if set out here in full, and shall hereinafter be referred to as the "Surface Water
Zoning Map of Lake Johanna."
700.06 Speed Zones.
7 -2
Adopted December 17,2001
Subd. 1 Establishment and Designation. There is hereby continued a restricted speed
zone between the shoreline of Lake Johanna and a line approximately two hundred
fifty (250) feet from the shoreline. In addition to this restricted speed zone, there is
hereby continued an additional restricted speed zone encompassing the shallow area
approximately near the center of Lake Johanna, as delineated on the surface water
zoning map.
Subd.2 Maximum Speed in Restricted Speed Zone. Within the restricted speed zones
established hereby,no watercraft shall at any time be operated at a speed in excess of
five (5) miles per hour.
Subd.3 Open Zone. There is hereby continued an open speed zone on Lake Johanna
encompassing all that portion of the surface thereof between and not included in the
restricted speed zones created and established by this section.
Subd. 4 Restrictions and Speed Limits in Open Zone During Certain Hours. Within
the open speed zone,between the hours of 11:00 a.m.and 3:00 p.m. and 7:00 p.m.and
7:00 a.m.on each and every day of the week,no motorboat shall be operated at a speed
in excess of five(5)miles per hour. At all other times during each and every day of the
week, no boats shall be operated in the open zone at a speed in excess of 40 miles per
hour.
7 -3
Adopted December 17,2001
Subd. 5 Direction of Travel in Open Zone During Certain Times. Within the open
zone,during the hours in which operating speeds of up to forty(40)miles per hour are
permitted,all motorboats shall travel and be operated in a counterclockwise direction
around Lake Johanna.
700.07 Nonsanctioned Racing Prohibited. Racing,that is the participation of two(2)or more
operators of motorboats operating their motorboats in a competition of speed, shall be
prohibited on the waters of Lake Johanna unless the same takes place as part of a scheduled or
public race, regatta, tournament or other competition or exhibition duly sanctioned by the
county sheriff pursuant to Minnesota Statutes.
700.08 Josephine Lake; Regulations. Portions of Lake Josephine are located within the City
of Arden Hills and within the City of Roseville. The City Councils for the cities of Arden Hills
and Roseville, by adoption of a joint powers agreement, have determined that it is in the
public's interest and in the interests of those people who reside on property adjacent to Lake
Josephine to consistently regulate the surface use of Lake Josephine. The following
regulations shall apply to the surface use of Lake Josephine:
Subd. 1. The definitions contained in M.S. § 86B.005,as amended from time to time,
are hereby incorporated as a part of this regulation.
Subd.2. Motorboat speed on Lake Josephine shall not exceed 40 m.p.h.,which speed
shall be in effect 24 hours per day.
7 - 4
Adopted December 17,2001
Subd.3. No person shall operate a motorboat or be towed on water skis or on a similar
device at a greater than slow no wake speed within 150 feet of the shoreline of Lake
Josephine. Launching or landing a skier by the most direct route to open water shall
be exempt from this regulation.
Subd. 4. Motorboats shall only travel in a counter-clockwise direction except when
operating at a slow no wake speed.
Subd. 5. Persons operating a motorboat, and those being towed on water skis or a
similar device shall,at all times,maintain an adequate distance(considering speed and
conditions)from other watercraft,swimmers,swim rafts,and docks,so as to avoid an
accident. When a swimmer is present, motorboats or persons being towed on water
skis or a similar device,shall not pass between a swim raft and the nearest shoreline.
Subd.6. The following parties are exempt from compliance with the above regulations:
A. Authorized resource management, emergency and enforcement
personnel when acting in the performance of their duties; and
B. Parties participating in special events as authorized by the City Council
and the Ramsey County sheriffs department pursuant to an approved
permit.
7 - 5
Adopted December 17,2001
Subd.7. Primary enforcement of this section shall be the responsibility of the Ramsey
County sheriffs department. This,however,shall not preclude enforcement by other
licensed peace officers.
Section 710 -Trees and Vegetation
(2011-011 Sections 710-01-710.10&710.12,Subd 6(A)(7)and 710.12,Subd 9(C)Repealed 11/28/11)
710.12 Protection of Shade Trees* (Adopted 8129105)
Subd. 1 Declaration of Policy. The City Council has determined that the health of
oak, elm, and ash trees, hereinafter sometimes collectively referred to as "shade
trees,"within the municipal limits are threatened by fatal tree diseases commonly
known as "Oak Wilt Disease", "Dutch Elm Disease", and "Emerald Ash Borer"
respectively, hereinafter sometimes collectively referred to as "shade tree diseases."
It has further determined that the loss of shade trees growing upon public and
private property would substantially depreciate the value of property within the
City and impair the safety, good order, general welfare and convenience of the
public. Accordingly, it is hereby declared to be the intention of the Council to
control and prevent the spread of shade tree diseases and other epidemic diseases,
by enacting this subsection for that purpose.
Subd. 2 Penalties. Any person violating the provisions of this subsection shall be
guilty of a misdemeanor and, upon conviction thereof,shall be punished by a fine,
imprisonment or both, not to exceed the maximums provided by state law for a
misdemeanor. Each day following the date on which the person was to have
7 - 6
Adopted December 17,2001