HomeMy WebLinkAboutLMCD dock and boat storage info f
March 26, 2013
«MrMrs» «FirstName» «LastName»
«Address»
«City», MN «Zip»
RE: Site #«Site», «Bay» Bay
Dear «MrMrs» «LastName»:
In the summer of 2012, the Lake Minnetonka Conservation District (LMCD) staff conducted
lake-wide inspections of dock and watercraft storage on Lake Minnetonka. Your residential site
was identified as one that was potentially not in full compliance with one or more LMCD
Ordinances. The LMCD Board of Directors has opted to pursue a course of education and
voluntary compliance for all sites so identified. The intent of this letter is to provide you with
relevant and current information to allow you to assess your dock and watercraft storage
configuration, and to take steps to bring them into compliance, if necessary, during the 2013
boating season and beyond.
Your location was identified as one that had five or more restricted watercraft stored at your
site at the time it was inspected. In order to legally store the same number of restricted
watercraft that you had in 2012, a multiple dock license would be required. LMCD staff would
be happy to discuss the possibility of obtaining a multiple dock license for your site. If it is
determined that you do not qualify for a multiple dock license, you will be told the reasons why
and wi I be asked to reduce the number of watercraft being stored at your site in 2013 and
beyon .
The L CD website and staff are resources you can use to help answer any questions you
have bout the Ordinance details or the voluntary compliance process. Chapter 2 of the
LMCD Code, "Regulations of Structures within the Lake," is the relevant Chapter in answering
those uestions. To assist you, copies of various sections of this Chapter are enclosed for
your r view, which can also be found on the LMCD web site at nttp:i�wWW.imca.orpipaqesicnapcer�.ncm.
The following is offered to help summarize the general rules and regulations:
What i a restricted watercraft?
A restr cted watercraft is defined as any boat or vessel for use on or stored on the public
waters on the lake except for unrestricted watercraft. An unrestricted watercraft is defined as a
boat o vessel that is:
1) 16' or less in length and unmotorized; or
2) 16' or less in length and which uses a motor of 10 horsepower or less; or
3) 20' or less in length and unmotorized, and propelled solely by human power.
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«MrMrs» «FirstName» «LastName»
March 26, 2013
Page 2
Personal watercraft (Jet Ski, Wave Runner, or similar) would qualify as a restricted watercraft
(due to horsepower). A sailboat longer than 16' (motorized or un-motorized) would also qualify
as a restricted watercraft.
How manv boats can I store?
LMCD ordinances regulate the number of restricted watercraft that may be moored or docked
within a Dock Use Area (Section 2.01) at a residential site. In summary, Section 2.02 provides
for:
• The General Rule is one restricted watercraft for each 50' (1:50') of continuous
shoreline; wit hout reference to the owners of the watercraft being residents of the
site (Subdivision 1); or
• Unless a greater number is allowed by the 1:50' General Rule, up to two restricted
watercraft may be moored or docked at a dock or mooring facility on a residential
site in existence on August 30, 1978; without regard to the owners of the watercraft
being residents of the site (Subdivision 2); or
• If the 1 :50' General Rule cannot be met, up to four restricted watercraft may be
moored or docked at a site, provided a number of conditions are followed. One of
these conditions includes all restricted watercraft must be owned and reqistered to
the residents who live in the one, sinqle-family residential structure on the site
(Subdivision 3; a-c); or
• Docks and mooring areas lawfully in existence on 5/3/78 may continue provided the
number of restricted watercraft does not exceed the number moored or docked on
5/3/78. Restrictions apply, one of which is to secure a non-conforming use permit
(Subdivision 4).
Residents should check with their city for any additional storage restrictions.
The LMCD is requesting your prompt attention and cooperation in this matter. Repeat
inspections are scheduled for the 2013 boating season and beyond, in which ongoing
violations may result in legal consequences. I welcome your call so that we may assist you in
assessing your boat storage needs.
Sincerely,
Emily Herman
Administrative Assistant/Code Enforcement
Enclosures: LMCD Code Excerpts
Cc: City of «City» LMCD Board Representative
City of «City» Representative
«cc»
FREGIUENTLY ASKED GIUESTIONS
What is a restricted watercraft?
A restricted watercraft is defined as any boat or vessel for use on or stored on the public
waters on the lake except for unrestricted watercraft. An unrestricted watercraft is
defined as a boat or vessel that is:
1) 16' or less in length and unmotorized; or
2) 16' or less in length and which uses a motor of 10 horsepower or less; or
3) 20' or less in length and unmotorized, and which is propelled solely by human
power.
Most personal watercraft (Jet Ski, Wave Runner, or similar) would qualify as a restricted
watercraft (due to horsepower). A sailboat longer than 16' (motorized or un-motorized)
would also qualify as a restricted watercraft.
How manv boats can I store?
LMCD ordinances regulate the number of restricted watercraft that may be stored within
a Dock Use Area at a residential site. In summary, Section 2.02 provides for:
• Subd. 1: The General Rule is one restricted watercraft for each 50' (1:50') of
continuous shoreline; without reference to the owners being residents of the site; or
• Subd. 2: Unless a greater number is allowed by the 1:50' General Rule, up to two
restricted watercraft may be moored or docked at any dock or mooring facility on a
residential site in existence on August 30, 1978; without regard to the owners being
residents of the site; or
• Subd. 3 (a-c): Unless a greater number is allowed by the 1:50' General Rule, up to
four restricted watercraft may be moored or docked at a dock or mooring area at a
site, provided a number of conditions are met. One of these conditions includes all
restricted watercraft must be owned and registered to the residents who live in the
one sinqle-familv residential structure on the site.
• Subd. 4: Docks and mooring areas lawfully in existence on 5/3/78 may continue
provided the number of restricted watercraft does not exceed the number moored or
docked on 5/3/78. Restrictions apply, one of which is to secure a non-conforming use
permit.
In order to store five or more restricted watercraft, a multiple dock license would need to be
approved by the LMCD Board of Directors (Code Section 2.03), based on a minimum of 226'
of shoreline.
Communication to your local municipality on your boat storage needs is highly
recommended as the most restrictive Ordinance applies.
Section 1 . 02 . Definitions
Subd. 41 . "Restricted Watercraft" means any boat or vessel for use
on or stored on the public waters on the Lake except for unrestricted
watercraft as defined in this section.
Subd. 55 .c . "Unrestricted Watercraft" means any boat or vessel for
use on or stored on the public waters of the lake which is :
a) 16 feet or less in length and unmotorized; or
b) 16 feet or less in length and which uses a motor of 10
horsepower or less; or
c) 20 feet or less in length and unmotorized, and which is
propelled solely by human power.
Section 2 . 02 . Shoreline Requirements .
Subd. 1 . General Rule. No docks or mooring areas shall be
constructed, established or maintained that provide space for or are used
for mooring or docking a greater number of restricted watercraft than one
for each 50 feet of continuous shoreline in existence on May 3 , 1978,
unless authorized to do so by special density license pursuant to Section
2 . 05 . For sites with continuous shoreline greater than 100 feet, when
measurements determining the number of restricted watercraft allowed
result in the provision of a fractional restricted watercraft, any
fraction up to and including one-half (1/2) shall be disregarded, and
fractions over one-half (1/2) shall be counted as one additional
restricted watercraft .
Subd. 2 . Special Rule for Sites in Existence on August 30, 1978 .
Unless a greater number is authorized by the provisions of Subd. 1 above,
up to two restricted watercraft may be moored or docked at any dock or
mooring facility that is located on a site (as defined in Section 1 . 02)
that was in existence on August 30, 1978 .
Subd. 3 . Additional Watercraft Allowance in Certain Cases . Unless a
greater number is authorized by the provisions of Subd. 1 above, up to
four restricted watercraft may be moored or docked at a dock or mooring
area located on any site (as defined in Section 1 . 02) provided that all of
the following conditions are met :
a) There must be one, and no more than one, single family
residential structure on the site. If there is no residential structure
on a site, any one off-lake lot, parcel or other piece of property that 1)
is legally subdivided and recorded in the office of the County Recorder;
2) adjoins the site or is separated from the site only by a public right-
of-way; 3 ) is under common ownership and unified use with the site; and 4)
is occupied by one single family residential structure, may be designated
to be a part of one site by the owner, for purposes of this paragraph.
b) The dockage rights at the site are owned exclusively by the
owners of the lot parcel or other piece of property on which the
residential structure referred to in paragraph a) is located.
c) All of the restricted watercraft moored or docked at a dock or
mooring at the site must be owned by and registered to persons who live in
the one residential structure referred to in paragraph a) .
The homestead or non-homestead status of property for ad valorem real
estate tax purposes has no bearing on or application to this subdivision.
Subd. 4 . Special Rule for Non-Conforming Docks and Moorings in
Existence on May 3 , 1978 . Docks and mooring areas lawfully in existence
on May 3 , 1978 may continue provided the number of restricted watercraft
moored or docked at such docks and mooring areas does not exceed the
number moored or docked on May 3 , 1978 . No such docks or moorings may be
maintained without first securing a dock license under Section 2 . 03 or a
non-conforming use permit under this subdivision. Applications for non-
conforming use permits shall be made on forms provided by the District and
upon payment of the fee established by resolution of the Board. Non-
conforming use permits need not be renewed on an annual basis . Such
licenses and permits will be issued only after a public hearing and upon
presentation of evidence deemed sufficient by the Board to prove that the
dock or mooring was in existence on May 3 , 1978 and that the number of
restricted watercraft applied for were moored or docked at such facility
as of such date.
The following is a Synopsis of the LMCD dock and boat storage rules for residential properties.
For a full copy of the rules please see Chapter 2 of the LMCD Code or call the LMCD office.
Dock Use Area
No person shall use any area of the lake outside an authorized "dock use area (DUA)", for
docks, moorings, watercraft, storage, swimming floats, ski jump storage, or diving towers unless
specifically permitted.
DUA Lenqth (measured from the 929.4 NGVD)
The length of a dock use area is equal to the property shoreline frontage width, with a
maximum of 100 foot dock length.
Sites in existence on February 5, 1970 with a lake frontage of 40-60 feet may have a
dock extending up to 60 feet into the lake.
Sites in existence on February 5, 1970 with lake frontage of 40 feet or less may extend to
reach a water depth of 4 feet (not to extend beyond 60 feet).
DUA Width portion within setbacks measured from extended side property lines into the lake.
For that portion of the length or authorized dock use area which extends from the shore:
0 - 50 feet 10 foot setback
50 - 100 feet 15 foot setback
Cano ies re uire a 20-foot setback from the extended ro ert line
❖ Side opening slip (Boat parked parallel to shore) setback shall be at least equal to the slip
depth (not less than20 feet).
❖ Lots with 50 feet or less of shoreline in existence on February 2, 1970, qualify for a 5 foot
setback, providing it in no way impairs access to neighboring docks.
Dock Structure
❖ May exceed 8 feet, excluding posts, in either is length or width, but not both.
❖ Permanent docks require a permit from the LMCD.
Page 1 of 3
Exam ple of Dock Use Area
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Page 2 of 3
Watercraft Density Restrictions
No person shall use any area of the lake outside of an authorized dock use area for docks,
moorings, watercraft, storage, swimming floats, ski jump storage, or diving towers unless
specifically permitted.
Restricted Watercraft Definition - any boat or vessel for use on or stored on the public waters
of the Lake, except for unrestricted watercraft as defined below.
Number of Restricted Watercraft Allowed:
❖ 2 restricted watercraft may be moored or docked within a dock use area for most lots.
❖ 4 restricted watercraft may be moored or docked within a dock use area provided all the
following conditions are met:
➢ single family residential structure on the lot
➢ All restricted watercraft moored or docked at any dock or mooring facility
must be owned by and registered to persons who live in the residential
structure.
❖ 5 or more may be docked or moored provided there is 50' of shoreline at the lot for each
restricted watercraft. A lot with 5 or more restricted watercraft must have a multiple dock
license with the LMCD.
Unrestricted Watercraft Definition - any boat or vessel for use on, or stored on the public
waters of the lake which is:
16 feet or less in length and non-motorized; or
16 feet or less in length and which uses a motor of 10 horsepower or less; or
20 feet or less in length, non-motorized, and which is propelled solely by human power.
Number of Unrestricted Watercraft Allowed:
Residents can have any number of unrestricted watercraft within the dock use
area.
❖ Residents should check with their city for any additional restrictions to the above.
Page 3 of 3
P��INNETO��
., y
• • LAKE IVIINNETONl�A CONSERVA�ION DISTRI�T
� c: 23505 SMITHTOWN ROAD,SUITE 120•SHOREWOOD,MINNESOTA 55331 •TELEPHONE 952/745-0789•FAX 952/745-9085
o�sPq�qTioN��5�� Gregory S. Nybeck,EXECUTlVE DlRECTOR
R���/��Q
March 26, 2013 ��R 2,ZOJ�
C1�,�F oRoNo
TO: MCD Member City Representative
LMCD Board of Director
FROM: Emily Herman, Administrative Assistant/Code Enforcement
RE: LMCD Code Enforcement Efforts
Please find enclosed various form letters that have been individually printed and submitted
to residents within your municipality relative to watercraft storage density and compliance
with the LMCD's respective ordinances.
The enclosed letters that you received may consist of one, or both, of the following:
• An initial or second follow-up letter to sites storing three or four laraer, restricted
watercraft that may not have enough shoreline to support the storage; based on the
1 :50' General Rule; or
• An initial or second follow-up letter to sites storing five or more restricted watercraft
that currently do not have a multiple dock license on record.
Extensive research was completed on the site's estimated shoreline and the watercraft
ownership prior to the submittal of the letters. The highlighted title on the respective
database printout will document which letter they received. Additionally, I have enclosed
various educational attachments that accompany the different letters.
There are a few more letters yet to be printed, in which I will submit them under separate
cover. I welcome any questions you may have and can be reached at 952-745-0789.
Enclosure
� Web Page AddrAss: '�tt�:Uv�=�n�vv.Imcd.orG � E-mail.yd�ress Imcd�lm,u.��c;,
30%PostConsumerWaste To protpct and preserve Lake Minnetonka.
20130326 5-Boat Initial Letter 3/26/2013
Year Site# Bay ;Mr/N; First Name ' Last Name Address ' City .State;. Zip ,Boat� '12 Violation Date '12 Ltr Mait
; F : ;
i2012 678 Carmans Mr. Paul Johncox 2948 Casco Point Road Orono MN 55391 5 PWC-5 Boats 03/26/13 _
; ;
' .... ._....... . ... ........... . ..1
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