Plymouth’s stance completely disregarded Federal jurisdiction on Navigable Waters of the United States and the Statutes regulating the promulgation of surface water zoning by municipalities.
Tag: Lake Minnetonka Real Estate
In 2012 I bought a small vacant lakeshore parcel on Medicine Lake in Plymouth in order to install a dock and park a boat.The resulting regulatory and neighbor driven firestorm that rained down upon me as a result–and the coverage by the media was intense. The so called “war” with Plymouth and the neighbors made the front page of the Star Tribune, the local papers, and the 10 o’clock news on several stations.Of course the property had been for sale on the MLS for a number of years, and the two adjacent neighbors did not and would not acquire the property from my predecessor in title.City Staff in Plymouth misunderstood the issue, thinking that water / riparian rights derived from owning riparian land can be regulated by land use rules and not surface water rules.The bottom line is that whether you own an inch or a mile of the ordinary high water mark on a navigable body of water, you have acquired certain water rights including the right to wharf. Because of my experience I receive calls from all over the State seeking help understanding these specialized property interests.As one example, recently an appraiser sought my help in estimating the value of the Minnetonka Boatworks boat slips on Wayzata Bay—likely some of the most valuable boat slips in the State. More recently a couple in Ottertail County reached out to learn more about diverging lot lines and dock placement in a neighbor dispute.Reasonable Use Doctrine and neighbor disputesThe Reasonable Use Doctrine can be studied by neighbors in a dispute by reading the article What Can a Riparian Proprietor Do? By Stanley V. Kinyon which was published in 1936. While I won’t go into all the details of the article, it states, “Every landowner in using his land must have regard for his neighbor… …Although riparian proprietors on a stream are not tenants in common… …they have a common interest in the stream. This fact increases the regard which they must have for each other’s interests.”Simplified, I view the entire article as a repetition of the Golden Rule for docks—do unto others as you would like to have done unto you. The only way to win a dock dispute between neighbors is to compromise and try and get along.The sure fire way to lose is to not compromise and spend time, energy, and resources fighting via public hearings, legal counsel and the courts. If you need legal advice in this area, please seek out your attorney of choice but try and work it out.Lake Minnetonka dock regulationsThe State of Minnesota established the Lake Minnetonka Conservation District in 1967 to regulate the use of the lake and prevent pollution. The LMCD has regulatory power over docks on Lake Minnetonka. The Board of Directors is made up of appointees from the 14 communities that border Lake Minnetonka. The board conducts business much like a City Council does. A dedicated staff oversees the work.The LMCD regulates dock length, setbacks from adjacent properties, authorized dock use areas, watercraft types and density, boat houses, canopies, etc. Grandfathered uses can and do override some of these regulations.State of Minnesota dock / surface water regulationsDock regulations must be accomplished via surface water ordinances according to Minnesota §86B.205, meaning a county or municipality wishing to regulate docks beyond standard DNR guidelines must do so by passing surface water regulations locally. The surface water regulations then must be approved by the Commissioner of Natural resources in order to be valid.ConclusionDock rights can be confusing whether you are a private citizen or a regulatory body. When in doubt ask lots of questions, seek out legal advice from a licensed attorney, and find a Realtor who has studied the issue extensively. Experience isn’t expensive, it’s priceless.Dan Gustafson is a licensed Realtor with Coldwell Banker Burnet in Wayzata. For more information visit www.LakeMinnetonkaRealEstate.com
Properties in the tour include lakeshore, river frontage, and deeded access.
Visit these open houses or any Coldwell Banker Burnet office on Sunday, May 15th to register to win a $100 American Express gift certificate. Complete details available at the open houses and offices.
View the property information featured below and click on any listing to see complete property details, including directions to the open houses. Call the Dan Gustafson for any additional information you may need.
5441 Lost Lake Lane Mound $360,000 3470 Northshore Drive Orono $399,900 2425 Black Lake Road Spring Park $475,000 1709 Baywood Lane Mound $589,900 3004 Highland Boulevard Mound $649,000 2894 Pelican Point Circle Mound $639,000 6565 Bartlett Boulevard Mound $739,000 2940 Highland Court Mound $779,900 4450 Forest Lake Landing Orono $739,900 4216 West Arm Drive Orono $799,000 19780 Cottagewood Road Deephaven $799,900 2409 Bantas Point Lane Minnetonka $895,000 6449 Bay Ridge Road Lake Minnetonka $899,000 3008 Highland Boulevard Mound $969,000 4964 Edgewater Drive Mound $995,000 21957 Minnetonka Boulevard, #14 Greenwood $999,900 29 Fairhope Avenue Tonka Bay $1,100,000 3535 Ivy Place Orono $1,195,000 1365 Park Drive Orono $1,195,000 2740 Shadywood Road Orono $1,195,000 45 Highland Avenue Tonka Bay $1,195,000 3215 Eagle Bluff Road Minnetrista $1,195,000 2604 Crosby Road Minnetonka $1,295,000 465 Lakeview Avenue Tonka Bay $1,299,000 425 Tonkawa Road Orono $1,349,000 1905 Concordia Street Orono $1,389,900 2637 Arcola Lane Minnetonka Beach $1,395,000 2811 McKenzie Point Road Minnetonka $1,295,000 1406 Bohns Point Road Orono $1,395,000 21957 Minnetonka Boulevard,#19 Greenwood $1,495,000 5310 Eastview Avenue Minnetrista $1,495,000 27090 Edgewood Road Shorewood $1,495,000 2677 Casco Point Road Orono $1,595,000 1937 Beach Lane Minnetonka Beach $1,595,000 3265 Eagle Bluff Road Minnetrista $1,595,000 27150 Edgewood Road Shorewood $1,695,000 5960 Boulder Bridge Lane Shorewood $1,695,000 3975 County Road 44 Minnetrista $1,695,000 6314 Maple Ridge Lane Excelsior $1,749,000 26800 Edgewood Road Shorewood $1,775,000 4515 North Shore Drive Orono $1,795,000 5480 Howards Point Road Shorewood $1,800,000 3970 Enchanted Lane Minnetrista $1,895,000 3060 North Shore Drive Wayzata $1,899,000 26980 Edgewood Road Shorewood $1,990,000 19300 Cedarhurst Street Deephaven $1,995,000 3775 Bayside Road Orono $1,995,000 663 Bushaway Road Wayzata $1,995,000 5860 Maple Forest Minnetrista $1,995,000 4145 Trillium Lane East Minnetrista $2,000,000 40 Old Orchard Lane Tonka Bay $2,095,000 4009 North Shore Drive Orono $2,150,000 5540 Maple Heights Road Excelsior $2,195,000 4595 Merrywood Lane Minnetrista $2,195,000 19725 Lakeview Avenue Deephaven $2,295,000 3345 Hardscrabble Road N Minnetrista $2,299,000 420 Tonkawa Road Orono $2,395,000 1470 Westwood Drive Minnetrista $2,495,000 4970 Meadville Street Greenwood $2,599,000 3565 Frederick Street Orono $2,695,000 3180 North Shore Drive Wayzata $2,990,000 4575 Merrywood Lane Minnetrista $2,995,000 465 Bovey Road Wayzata $3,195,000 2760 Woolsey Lane Woodland $3,250,000 18000 Breezy Point Road Woodland $3,295,000 2601 West Lafayette Road Orono $3,495,000 4776 Manitou Road Tonka Bay $3,495,000 19780 Lakeview Avenue Deephaven $3,595,000 28050 Woodside Road Shorewood $3,850,000 972 Shady Lane Wayzata $4,200,000 539 Harrington Road Wayzata $5,900,000 2660 Woolsey Lane Woodland $7,995,000