7. Water Surface Use Packet With fillable extended formsWater Surface Use Rules
And Statutes
Minnesota Department
of Natural Resources
500 Lafayette Road
St. Paul, MN
55155-4047
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 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 (651) 259-5057 or e-mail me
at: adam.block@state.mn.us
Sincerely,
Lt. Adam Block
State Boating Law Administrator
Enclosures
Contents
MINNESOTA WATER SURFACE USE RULES ..................................................................................... 1
WATER SURFACE USE MANAGEMENT ........................................................................................ 1
RELEVANT WATER SURFACE USE STATUTES ................................................................................... 5
REGULATION OF SURFACE WATER USE ....................................................................................... 5
LAKE IMPROVEMENT DISTRICTS .................................................................................................. 9
PARK DISTRICTS ......................................................................................................................... 10
CITIES AND TOWNS .................................................................................................................... 11
WATER SURFACE USE WORKSHEET .............................................................................................. 13
Water Surface Use Ordinance Checklist ....................................................................................... 16
SAMPLE WATER SURFACE USE ORDINANCE ................................................................................. 17
Sample Joint Powers Agreement .................................................................................................. 19
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MINNESOTA WATER SURFACE USE RULES
WATER SURFACE USE MANAGEMENT
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: MS s 361.25
6110.3100 SCOPE.
As part of implementing that policy, Minnesota Statutes, sections 86B.205, subdivisions 2 to 5;
103G.605; 103G.621; 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 86B.205, subdivision 9, paragraph (a), 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: MS s 361.25; 86B.211
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 a
way that reflects the state's paramount concern for the protection of its natural resources. In
pursuit of that goal, an ordinance or rule shall:
where practical and feasible, accommodate all compatible recreational uses;
1. minimize adverse impact on natural resources;
2. minimize conflicts between users in a way that provides for maximum use, safety, and
enjoyment; and
3. conform to the standards set in part 6110.3700.
Statutory Authority: MS s 361.25
6110.3300 STATUTORY AUTHORITY.
Parts 6110.3000 to 6110.4200 are required by Minnesota Statutes, section 86B.211. They
provide procedures for the development and approval of rules and ordinances for resolving
water surface use conflict by regulating:
1. type and size of watercraft;
2. type and horsepower of motors;
3. speed of watercraft;
4. time of use;
5. area of use; and
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6. 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: MS s 361.25; 86B.211
6110.3400 JURISDICTION OF COMMISSIONER.
The commissioner shall exercise the commissioner's discretion under Minnesota Statutes,
section 86B.205, subdivision 9, 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 86B.205, subdivisions 2 to 5; 103G.605; 103G.621;
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: MS s 361.25; 86B.211
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: MS 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:
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.
A. Existing development:
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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.
B. 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.
C. 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.
D. History of accidents which have occurred on the surface waters.
E. 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.
F. 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: MS 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
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watercraft on surface waters shall utilize one or more of the following miles-per-hour cutoffs:
1."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.
2.15 mph.
3.40 mph.
Subp. 6. Effective time. Controls must use one or more of the following time periods.
1.sunrise to sunset or sunset to sunrise the following day;
2.9:00 a.m. to 6:00 p.m. or 6:00 p.m. to 9:00 a.m. the following day;
3.noon to 6:00 p.m. or 6:00 p.m. to noon the following day;
4.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 30 days without the
commissioner's approval. The commissioner shall be notified, however, as soon as practicable
during this 30-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: MS s 14.388; 361.25
6110.3800 ADMINISTRATIVE PROVISIONS.
Subpart 1. Enforcement and penalties. Any government unit adopting ordinances
pursuant to Minnesota Statutes, sections 86B.205, subdivisions 2 to 5; 103G.605; 103G.621;
and 459.20 shall provide for their enforcement and prescribe penalties for noncompliance.
Rules established pursuant to Minnesota Statutes, section 86B.201, subdivisions 1 and 2, or
86B.205, subdivisions 1 and 9, shall be enforced by conservation officers of the Department of
5
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 86B.205, subdivisions 2 to 5, for
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 approval or disapproval
of proposed ordinances within 120 days after receiving them pursuant to Minnesota Statutes,
section 86B.205, subdivisions 2 to 5. 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, chapter 86B, and parts 6110.1500 to 6110.1900.
The commissioner shall publish and update at the commissioner's discretion a listing of
watercraft use rules and ordinances on surface waters of the state for distribution to the public.
Statutory Authority: MS s 361.25; 86B.211
RELEVANT WATER SURFACE USE STATUTES
REGULATION OF SURFACE WATER USE
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.
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A person may access any public waters through public land with a hand-carried
nonmotorized watercraft.
History: 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 law and the rules of the commissioner of natural resources, the
Pollution Control Agency, and the commissioner of health, and with the applicable municipal
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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;
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(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 86B.205, subdivision 9, paragraphs (c) and (d), including:
(i) 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 86B.205, subdivision 9, paragraph
(c); and
(12) other rules determined by the commissioner to be necessary to implement the
provisions of this chapter.
History: 1990 c 391 art 9 s 11; 1991 c 259 s 10
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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
10
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 86B.205, 103G.605, and 103G.621.
History: 1990 c 391 art 2 s 40; 1996 c 385 art 2 s 7; 2000 c 396 s 3
PARK DISTRICTS
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 MN Stats. 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
11
444; 2001 c 44 s 4
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 103B.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 471.59, 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 726 s 17; 1986 c 439 s
5; 1986 c 443 s 16,17; 1990 c 391 art 8 s 46
471.59 JOINT EXERCISE OF POWERS. (Subd. 1 only).
Subdivision 1. Agreement.
Two or more governmental units, by agreement entered into through action of their
governing bodies, may jointly or cooperatively exercise any power common to the
contracting parties or any similar powers, including those which are the same except for the
territorial limits within which they may be exercised. The agreement may provide for the
exercise of such powers by one or more of the participating governmental units on behalf
of the other participating units. The term "governmental unit" as used in this section
includes every city, county, town, school district, independent nonprofit firefighting
corporation, other political subdivision of this or another state, another state, federally
recognized Indian tribe, the University of Minnesota, the Minnesota Historical Society,
nonprofit hospitals licensed under sections 144.50 to 144.56, rehabilitation facilities and
extended employment providers that are certified by the commissioner of employment and
economic development, day and supported employment services licensed under chapter
245D, and any agency of the state of Minnesota or the United States, and includes any
instrumentality of a governmental unit. For the purpose of this section, an instrumentality
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of a governmental unit means an instrumentality having independent policy-making and
appropriating authority.
See MN Stats. for remainder of section
History:
1943 c 557; 1949 c 448 s 1-3; 1961 c 662 s 1,2; 1965 c 744 s 1-3; 1973 c 123 art 5 s 7;
1973 c 541 s 1; 1975 c 134 s 1,2; 1980 c 532 s 2; 1982 c 507 s 27; 1983 c 342 art 8 s 15; 1984
c 495 s 1; 1986 c 465 art 2 s 15; 1990 c 572 s 14; 1991 c 44 s 3; 1996 c 412 art 3 s 35; 1996 c
464 art 1 s 1; 1996 c 471 art 3 s 39; 1997 c 203 art 5 s 24; 1998 c 397 art 11 s 3; 1999 c 214
art 2 s 17; 2001 c 7 s 78; 1Sp2003 c 14 art 7 s 83; art 11 s 11; 2005 c 9 s 2; 2006 c 232 s 3;
2007 c 43 s 1; 2009 c 59 art 4 s 6; art 5 s 14; 2010 c 193 s 1; 2010 c 347 art 1 s 26; 2013 c
108 art 9 s 12
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WATER SURFACE USE WORKSHEET
APPLICANTS FOR WATER SURFACE USE ORDINANCES ARE REQUIRED BY MINN. 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.)
1.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.
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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.
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.
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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 __________________________________________________
b. Rented by or gaining access through resorts or marinas.
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Water Surface Use Ordinance Checklist
Water Surface Use Ordinance Checklist
Required Documents Check if complete
Letter of Intent
Proposed Ordinance
Worksheet
Map
Public Notice
Public Feedback
Joint Agreement (if applicable)
Signed Ordinance (when approval process is complete)
Return completed documents to:
Adam Block
Minnesota Department of Natural Resources
State Boating Law Administrator
500 Lafayette Road
St. Paul, Minnesota 55155-4047
Or email to: Adam Block at adam.block@state.mn.us
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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 Board),
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 86B.201,
86B.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 (specify 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).
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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 , 20 .
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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.
II.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)