06-25-1990 Council Packet - Laserfiche WebLink

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APPENDIX Minn. Sta^ §378.32 Provides that a county board may, by ordinance, reflate the surface use of ar.y bodies of water situated wholly or partly within the county boundaries. If the water lies in more than one county, the ordinance must be adopted by all the affected county boards or placed into eifect by the commissioner of natural resources. The county board may exercise the powers below with respect to bodies of water lying wholly within a city or lake conservation district only with the authorization of that city or conservation distria. The county board may; (1) (2) (3) (4^ (5) (6) regulate public facilities for access to the body of water, except when state access or when preempted by municipal ordinance; regulate the construction and maintenance of commercial marinas and docks and moorings; regulate mechanical and chemical means of dc'cing the water and removing weeds and algae from the water, reg^ate the type and size of watercraft and motors; limit use of water at various times and on various parts; regulate the speed of watercraft and other activities to secure the public safety and the most general public use; and contract with other law enforcement agencies to police the body of water and its shore. Minn.S:at. §459.20 (enacted 1973) Provides that the governing body of any home mlc charter or statutory city or town in the state has all the powers to improve and regulate the use of any body of water situated wholly within its boundaries. The local unit of government has the same powers given to county boards (above) and to establish and administer lake improvement districts (§§378.401-56). When a body of water is situated within the boundaries of two or more contiguous local units of government, the city councils and town boards may jointly exercise these same powers to improve and regulate the use of the water. The joint board may not, however, establish a lake improvement district or exercise any of its powers if the county board has already done so. Minn. Stat. §^78.401-57: "Lake Improvement District Act" Provides that county boards may establish lake improvement districts (by resolution of one county when the district is situated solely within that county or by joint county authority when the district extends into more than one county). If one or more county boards disapprove of the creation of the lake improvement distria, the commisioner of natural resources may be petitioned for the creation. County boards, joint county authorities, statutory, and home rule cities and towns may delegate their powers to the lake improvement distria. Any programs and services to be undenaken must be consistent with the statewide water plan. Among the district's powers are acquiring, constructing, and operating water control works; changing the course of current or cross- section; improving navigation; undertaking research lo daermine the dition and development of the water, implementing a plan to eliminate -/cUntion; conducting i nm of improvement and conservation; constructing a water and/o :.twer sysicm, maintaii. 'lie beaches, docks, aiKl other public facilities for access; ,uid regulating water surfa*. SHORELAND MANAGEMENT §105.485 Requires the commissioner of natural resources to adop ./Jel standards and criteria for subdivision, use, and development of shorelands in municipalities and unincorporated areas. Shorelands are defined as land located within the follow bg distances from the ord nary high water elevation of public waters; (1) land located within 1.000 feet of the normal high water I