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exceptions depending on when the site was in existence. <br />6. Other items that would be taken into consideration for each site include vegetation, <br />water depth, utilities, converging lot lines, and other issues that might affect the use of <br />the site. <br /> <br />Please note the LMCD Board of Directors has not taken a formal position on the regulation of <br />docks by cities. These comments do not express an opinion on whether the proposed <br />regulations are preempted under the same rational as the Court’s ruling in City of Birchwood <br />Village v. Simes, 576 N.W.2d 458 (Minn. App. 1998). <br /> <br /> <br />Highlighted Code Excerpts <br /> <br />2-3.01. Authorized Dock Use Area Regulations. <br /> <br />Subd. 1. Uses Outside of Dock Use Area. No person shall use any area of the Lake <br />outside an authorized dock use area for docks, moorings, watercraft storage, swimming floats, <br />ski jump storage, or diving towers, unless such use is specifically permitted under the <br />provisions of this Code. <br /> <br />Subd. 2. Uses Within Dock Use Area. No person shall use any area of the Lake within <br />any authorized dock use area for docks, moorings, watercraft storage, swimming floats, ski <br />jump storage, or diving towers without the consent of the riparian owner. <br /> <br />Subd. 3. Discarded Watercraft. No person who is in charge or control of any property <br />on the Lake, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any sunken, <br />wrecked, junked, or discarded watercraft to remain within any authorized dock use area for a <br />period of longer than one week. This limitation shall not apply to watercraft within the <br />authorized dock use area of a commercial establishment engaged in the business of repairing <br />and rehabilitating watercraft while so engaged with regard to such watercraft. <br /> <br />2-3.03. Determination of Authorized Dock Use Area. <br /> <br />Subd. 1. Generally. The dimensions of an authorized dock use area for sites bordering <br />the Lake are determined in accordance with this Section. The authorized dock use area shall be <br />measured from the point which forms the shoreline when the Lake is at elevation 929.4, <br />National Geodetic Vertical Datum of 1929 (“NGVD”). The authorized dock use area includes <br />the area on, under, and over the surface of the Lake. <br /> <br />Subd. 2. Length. The length of the authorized dock use area is measured on a line <br />parallel to the site side lines as extended into the Lake and is limited as provided in this <br />subdivision. <br /> <br />(a) General Limit. The length of an authorized dock use area extends into the Lake a <br />distance equal to the length of shoreline frontage of the site as measured at right <br />angles to the side site lines as extended into the Lake. The total length of the <br />authorized dock use area shall not extend beyond 100 feet, even if the site has <br />more than 100 feet of shoreline frontage, unless otherwise specifically provided <br />in this Section. <br />