Clearing The Shoreland, Shoreline Regulatory Haze
October 2003Ron Struss, Metropolitan Education Coordinator
Want instant confusion over land use regulations? Then “just add water!” Those of you who have sorted out a zoning ordinance or applied for a permit know how confusing it can be. The grid below is offered to clear the haze hanging over shoreline and shoreland regulations. But first some definitions!
State Statute:
A law created by the state legislature that gives authority to state or local government to regulate an activity. State statutes can be complete in themselves or call for the creation of state rules to provide specifics for implementation.
State Rule:
State rules provide specifics needed by certain state statues so they can be implemented. Rules are established by state agencies, and have the force and effect of law. Agencies cannot establish rules without authority from the legislature.
Local Rule (ordinance):
Local rules are established by town, city, and county governments and special units of government such as watershed districts. Authority for establishing local rules is given by the state. A common form of local rule is the ordinance.
Permit:
Permits give authority to carry out a specific activity, providing requirements that apply are followed. Permits can be issued by local, state, or federal government.
Shoreland management: Land alterations within 1,000 feet of a lake, or 300 feet of a river and its designated floodplain. Projects include building of structures, installing or replacing sewage treatment systems, or substantially altering the shoreland landscape.
| State statute | State rule | Enforcement | Permits |
|---|---|---|---|
| Chapter 103F (cities & counties) Chapter 103D (watershed districts) | Chapter 6120 (cities & counties) | Town, city, county, or watershed district rules, usually in the form of zoning ordinances. | Permits issued by local zoning authority, a town, city, county, or watershed district. |
Discussion: The state sets standards for shoreland regulations but does not enforce them. That is the job of local government. The state requires local units of government to enact and enforce rules that are as, or more restrictive as the state standards. An explanation of state shoreland development standards can be found on the DNR web site. Watershed districts are covered by a different state statute than towns, cities and counties.
Shoreline alterations: Land alterations below the Ordinary High Water Level (OHWL) in public waters or public waters wetlands. Projects include filling, excavation, shore protection, bridges and culverts, structures, docks, marinas, water level controls, dredging, and dams.
| State statute | State rule | Enforcement | Permits |
|---|---|---|---|
| Chapter 103G | Chapter 6115 | State government, however overlapping local or federal controls may also apply. | Permits issued by the state, but permits can also be required by local and federal government. |
Discussion: The state may require one or more of the following DNR permits for shoreline alterations: Public Waters Work Permit, Aquatic Plant Management Control Permit, or a Fisheries Permit. Working in the shoreline area is tricky because in addition to the state, local and federal (Army Corp of Engineers) controls might apply. It is best to check with all three levels of government before undertaking a project. Information on working in public waters and public water wetlands is at the DNR web site.
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