HomeMy WebLinkAboutDock and Riparian Use Ordinance - 6-5-20181
OTTER TAIL COUNTY
DOCK AND RIPARIAN USE ORDINANCE
The County Board of Otter Tail County ordains:
I. Authorization, Purpose, Intent and Application
A. As authorized by Minnesota Statutes 86B.201, 86B.205, 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 docks, moorings, and riparian
areas in all of Otter Tail County, Minnesota, to promote its fullest use and enjoyment by the
public in general and the citizens of Otter Tail County 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
Otter Tail County, Minnesota.
B. These regulations affect all docks, piers, wharfs, or boatlifts placed in public water in Otter
Tail County and are in addition to any applicable state statute, rule, or regulation affecting the
placement of such structures in public water.
II. Regulations
A. Only a riparian (waterfront) property owner may place a dock, pier, wharf or boatlift in
public water.
B. Docks, piers, wharfs, boatlifts and moored boats must be confined to the owner’s riparian
zone.
1. Riparian Zone is defined as the water area adjacent to a lot extending from where lot
lines meet the shore on lines most perpendicular to the shoreline, or on lines which
bisect the angles of such lines in areas where the shoreline is curved, such as in a bay
or a peninsula; and extending out to the line of navigation.
2. The method for describing these zones where the dividing lines are not obvious is
described in Exhibit A, attached to and made a part of this ordinance by reference.
C. A dock, pier, wharf, boatlift, moored boat or other structure placed in the water may not
obstruct navigation. A dock or pier may not encircle or isolate a part of a waterway.
D. A dock, pier, wharf, boatlift, moored boat or other structure must be setback five feet from an
adjacent riparian zone to ensure that any attached or adjacent boat lift, moored boat, attached
deck, T, or L, does not encroach on the use of the riparian zone of an adjacent property.
E. Nothing in this section shall be construed to prevent or restrict the placement of docks by the
Minnesota Department of Natural Resources at public landings.
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F. In order to comply with Minnesota Statutes Chapter 84D. Invasive Species, a dock, pier,
wharf, or boatlift may not be placed in waters of the state unless:
1. The dock, pier, wharf, or boatlift, is new and has never been in a body of water, or;
2. The dock, pier, wharf, or boatlift, is being moved from one location to another in the
same body of water, or;
3. The dock, pier, wharf, or boatlift is registered with the Otter Tail County Land and
Resource Management Office. Registration of the dock, pier, wharf or boatlift must
include the owners name, the location (E-911 address) and the date the dock, pier,
wharf or boatlift was removed from the water. All docks, piers, wharfs, or boatlifts
must remain dry for 21 days before it may be placed in another body of water.
III. Enforcement
A. The Primary responsibility for enforcement of this ordinance shall rest with the Otter Tail
County Sheriff’s Office. This, however, shall not preclude enforcement by other licensed
peace officers.
B. Any person who shall violate any of the provisions of this Ordinance shall be guilty of a
Misdemeanor.
C. This Ordinance shall be in effect from and after the date of its passage, approval by the
Minnesota Department of Natural Resources, and publication.
Adopted by the Otter Tail County Board of Commissioners on March 1, 2016.
Revised by the Otter Tail County Board of Commissioners on June 5, 2018.
______________________
Wayne Johnson, Chair
Attest:
______________________
Clerk
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