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Orono City Council <br />March 19, 1997 <br />Page 2 <br />public docks and warehouses and by ordinance regulate their <br />use. <br />Both the Minnesota Supreme Court and the Minnesota Attorney General’s Office has <br />recognized that this statute provides cities police power to control certain activities in the <br />areas bounded by their harbor limits. In Nelson v. Delong . 7 N.W.2d 342 (Minn. 1942), the <br />Minnesota Supreme Court upheld: The city’s right to build and maintain a public boat dock <br />on its park property; to require all persons to refrain from anchoring in adjacent waters or <br />docking their boats except at the public docks; to charge a reasonable fee for the dock <br />facilities; and to set aside a bathing beach as part of the shorelands of the park. The supreme <br />court found these powers to be granted by Minn. Stat. § 412.221, as well as the general <br />police powers granted to every city in Minnesota. <br />In a formal opinion, the Minnesota Attorney General’s Office also recognized a city’s <br />ability to regulate activities within its harbors, including the landing of seaplanes within the <br />city’s harbor. Minn. Atty. Gen. Op., 234-9 (Jan. 11, 1949). <br />Three questions then arise: <br />Q. <br />A. <br />How are harbor limits and regulations established? <br />Harbor limits and regulations are established by ordinance. Spring Park, <br />Mound and Minnetrista have established harbor limits and nuisance restrictions. <br />The Spring Park and Minnetrista provisions are provided for your <br />consideration: <br />Q. <br />A. <br />What are reasonable restrictions or activities within the harbor? <br />Since the statute specifically grants the city authority to regulate docks, the city <br />has broad authority in this regard and also to activities occurring on the docks. <br />The restrictions must be reasonable and non-discriminatory. <br />A city’s ability to regulate surface water use within the harbor is more limited. <br />Unless the lake is entirely within the city limits, any city restriction is subject <br />to DNR approval, unless all of the cities surrounding a body of water enter into <br />a joint powers agreement. Otherwise, the county is responsible for surface <br />water use. <br />057/14133850 3/19/97 <br />#