Docking Rights in Trouble?

Samuel Stern - May 2009

Minnesota’s lakeshore property owners face a significant challenge to their right to the use and enjoyment of their lakeshore. Most owners are currently unaware of proposals to discard “ excess” dock sections, boatlifts, and potentially, watercraft.

As required by the legislature, the Minnesota D.N.R. is proposing revised regulations governing the placement of “private structures” in the public waters. Although resulting from concerns regarding the growth in number and size of dock platforms, the D.N.R. established a Private Structure Advisory Group to advise the D.N.R. Comissioner on the scope of the new regulations. Property Owners Protecting Useful Lake Access Rights, or P.O.P.U.L.A.R., represented lakeshore property owners on the advisory Group. Representative of the dock industry and real estate industry also served on the panel. However, most of the Advisory Group was made up of D.N.R. staff and environmentalists who expressed a desire to minimize human impact on Minnesota waters.

To date, the D.N.R. has failed to justify any wholesale change in the rules and, in fact, acknowledges  that the status quo is not the problem. Rather, concern is expressed over future unchecked lakeshore property development. P.O.P.U.L.A.R. argues strenuously for the inclusion of “grandfathering” provisions, allowing lakeshore property owners who purchased and lawfully utilized structures prior to the adoption of restrictive regulations to retain and maintain their property, including sufficient dockage for the watercraft they purchased.

There will be public hearings on the proposed regulations in August. With the support of lakeshore property owners, P.O.P.U.L.A.R. will publicize the hearing, arrange for testimony and demand that any new regulations be justified in light of actual need, economics, property rights and reasonableness.

Please keep informed by visiting P.O.P.U.L.A.R.’s website: www.protectlakes.blogspot.com