Dock Talk

Is that dock too big?

How big is your boat dock? It may be bigger than state rules allow. Just as the average size of a new house has more than doubled in 50 years, it seems that docks have been getting bigger, too. The Minnesota Department of Natural Resources (DNR) has also seen increasing attempts to use docks as decks and efforts by some dock owners to restrict the use of water by neighbors, boaters, anglers and other lake users.

DNR regulates the types of structures that can be placed within public waters. Lakeshore owners have a right to access the lake, but according to Larry Kramka, regional hydrologist in Bemidji, “That does not trump the public’s right to use the full surface of the lake.”

“Most people know that docks are regulated, but many do not know what those rules are.” said Kramka. Docks are meant to provide access to navigable water depths. The law details what kind of dock can be placed in the lake and whether a permit is required.
Under the law, one may not have a dock more than eight feet wide with out a DNR permit. Typically, the DNR would not issue a permit for a dock wider than eight feet for the average residential lot. In addition, docks cannot be roofed or walled or turned into decks or gazebos.
“The purpose of dock rules is to access the lake while providing for public safety and protecting natural resources,” Kramka said. Local units of government may have additional dock rules. Ownership of shoreland and a dock does not entitle the owner to keep the public from using the surface water near shore. Dock owners are occupying a public space. Conflicts sometimes occur when lakeshore owners try to discourage anglers in boats from fishing near their docks.
Many citizens are concerned about the impact of lake home and shoreland development on fish and wildlife habitat and of the visual impact of large docks. Of course, most lake homeowners do not intend to harm fish and wildlife habitat with their docks and piers, but the negative impacts of these structures are well documented.

Do I Need a Permit for My Dock?

No permit is needed to install, construct or reconstruct a dock if it meets the following conditions:

the structure is not a hazard to navigation or health
the structure will allow the free flow of water beneath it,
the structure is not used or intended as a marina,
the structure is consistent with the guidelines of the local unit of government,
the dock is no longer than needed to achieve its intended use, including reaching navigable depth,
the structure is not more than 8 feet wide, and is not combined with other similar structures so as to create a larger structure, and
docks placed on rock-filled cribs are located only on waters where the bed is predominately bedrock.

Restrictions on Docks and Other Structures

People may not place a dock or other structure in public waters if the structure:

obstructs navigation or creates a hazard,
is detrimental to fish or wildlife habitat,
is placed in a posted fish spawning area,
is intended to be used for human habitation, or
is designed or intended to include walls, a roof or sewage facilities.