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DNR's big-dock rule makes waves

By TOM MEERSMAN, Star Tribune

February 25, 2008

The state's new limit on the size of docks on lakes isn't floating well with either critics of supersized platform docks or property owners who want to build them.

On Jan. 23, the Department of Natural Resources decreed that for the next five years, property owners can build decks up to 170 square feet, or larger if they show special needs and apply for individual permits.

The action was taken in response to concerns that docks were becoming far more than places to board boats or to wet a line. Those who want larger spaces say that platforms on the end of docks can provide extra safety for children and the elderly, and can be used for dinner parties and family recreation.

Opponents contend that platforms ruin the appearance of lakeshores, disrupt aquatic ecosystems and prevent the public from fishing near shorelines.

"It seems to me that if we do not want one of these large platforms in front of every lake lot in our state, then we shouldn't put in place a law that allows that to occur," said Sen. Mary Olson, DFL-Bemidji, who says the new DNR decision must be challenged.

But Rep. Denny McNamara, R-Hastings and a cabin owner on the Whitefish chain between Pequot Lakes and Crosslake, said that dock platforms are not a problem. "I don't see that there's a lot to be gained by spending a lot of time on this," he said. The DNR needs to focus on the more important issues of invasive species, shoreland protection and habitat improvement, McNamara said.

Complex, emotional issue

DNR assistant commissioner Larry Kramka met for two hours last Tuesday with an attorney representing lakeshore property owners who say they have the right to build even larger docks than the agency has just approved. The issue is complex and emotional, Kramka said. "It strikes at the heart of who we are as Minnesotans," he said.

Since 2002, the DNR has forbidden docks more than 8 feet wide, but property owners, especially on Lake Minnetonka, Gull Lake and the Whitefish chain, have begun to combine dock sections to make decks that in some cases cover 250 to 400 square feet.

Last year the DNR issued a moratorium on enforcing the 2002 dock rule until it received more information to decide what limits to place on dock platform sizes.

A 19-member committee that met three times in November didn't reach agreement about the maximum dock size that should be allowed. But members were united in one respect: They wanted the DNR to begin writing a new dock rule immediately based on scientific advice and public testimony.

DNR took different course

DNR officials passed over that recommendation and issued what is essentially a blanket permit, instead of writing new rules. Staff and money are already committed to other rulemaking projects, DNR waters division director Kent Lokkesmoe said, so a new dock rule is at least three or four years off.

Lokkesmoe said that the agency came up with a reasonable compromise. "Typically when there's lots of people unhappy on both sides, we may be on the right spot," he said.

Lokkesmoe estimated that 5 percent of the dock platforms in the state are larger than the DNR's new size limit and will need to be downsized or reconfigured. However, DNR has done no survey of dock platforms and no one really knows the extent of their popularity.

Dann Siems, a dock committee member and an aquatic biologist for the Beltrami County Soil and Water Conservation District, said that the DNR's decision is neither reasonable nor a compromise. The agency "caved in to the wishes of the well-heeled few and compromised its mission to protect the public waters," Siems said.

In 2 decades, many changes

Twenty years ago lakeshore owners typically had a narrow dock that could accommodate one or two boats, said Siems. Today it's not uncommon for wealthy lakeshore owners to have a fishing boat, a pontoon, a speedboat for waterskiing, and a couple of personal watercraft, he said, some or all of them covered by canopies.

All of those boats, docks and accessories cover more than a third of the near-shore area on some lakes, Siems said, fragmenting and damaging critical weedy habitat needed by small fish to grow and mature. The shading also kills rooted aquatic plants, he said, and allows them to be replaced by harmful algae.

Supporters of the big docks disagree. McNamara said that allowing modest decks at the end of docks allows safer loading of boats, especially for elderly passengers, and it frees up shoreland and beach space for natural vegetation that can prevent erosion and stop lawn chemicals from washing into lake shallows.

Owners must speak up

Gary Johnson, another dock committee member and marketing manager for Shoremaster Inc., a dock manufacturer in Fergus Falls, questioned whether the DNR examined data that he and others provided about dock platforms and their benefits. He said that if anyone wants to advocate for larger dock sizes, it will need to be lakeshore owners, not dock manufacturers.

"It certainly may have an impact on our business, but we're not going to go out and try to change the laws over this," he said.

Olson said the situation is headed for additional conflict if the DNR continues to allow large platforms for the next five years instead of starting to write new rules based on solid numbers and sound science.

"Otherwise we're going to dramatically change the appearance of our shoreline in a way that's not helpful to the health of our waters," she said, "at the same time that we're trying to clean up our lakes and improve our water quality."

Librarian Roberta Hovde contributed to this article. Tom Meersman • 612-673-7388