Lakestyle Gardening

Lakestyle Gardening is a department focused on the unique aspects of bringing color and beauty to waterfront property.  Whether deeply wooded or with long, expansive lawns, gardening on the water allows for more variety and creativity than more traditional lots.  Of course, waterfront property also brings with it a few unique requirements.  Before you begin, you need to ask...Do I Need a Permit?

Your waterfront home likely abuts public waters protected by the Minnesota Department of Natural Resources (DNR).  As one of the primary stewards of our waters, the DNR has issued permit regulations for many aspects of waterfront property ownership.  Depending upon your project, and your location, you may also need approvals by one or more of the following:

• Local watershed district
• Federal, State, County, City or Township governments
• U.S. Army Corp of Engineers

The following are a few of the DNR's most commonly asked "Do I need a permit" questions:

Can I put in a beach? 

No DNR permit is required as long as:

• The sand is clean and free from pollutants and nutrients.
• The sand (called a beach sand blanket) is no more than 50 feet wide (or ½ the lot width, whichever is less), 6 inches deep or 10 feet waterward of the ordinary high water mark.
• The site is not a fish spawning area.
• The local watershed district and zoning office are given seven days prior notice.
• The beach blanket may only be reapplied to the same location once.

Can I put in a swim platform or dock? 

• A DNR permit is not required for seasonal docks and floating structures if the following conditions are satisfied:
• The structure is removed from water on a seasonal basis (before winter freeze-up).
• All components can be removed from the lake or stream by nonmechanical means.
• The structure will not be a hazard to navigation or endanger public health and safety.
• The site is not a posted fish spawning area.
• The structure will not include fuel handling or sewage facilities.
• The structure is not used or intended for human habitation, as a boathouse or as a marina.
• The structure allows for free flow of water beneath it.

Permanent Docks

• A DNR public waters work permit is not required for permanent docks and floating structures if the following conditions are satisfied:
• The dock is a single linear structure not more than 6 feet wide
• The dock does not exceed 50 feet in length or extend into water that is more than 4 feet deep, whichever is less.
• There is no more than one dock per waterfront lot.
• The dock will not obstruct navigation or create a water safety hazard.
• The site is not a posted fish spawning area.
• The dock will not include fuel handling or sewage facilities.
• The dock is not used or intended for human habitation, as a boathouse, or as a marina.
• The dock allows for free flow of water beneath it.
• The lake must be 500 acres or larger if the dock is built on wood pilings.
• The lake must be 2,500 acres or larger and the site must preclude the use of a dock on wood pilings if dock is built on rock cribs.
• Sometimes, disputes regarding the installation of docks in front of adjacent properties occur.  Such disputes are best settled by first discussing your concerns with your neighbor. If your neighbor is uncooperative, you may have to contact an attorney about the legalities of your neighbor's actions. 

Can I remove the weeds near my lot?

Aquatic plants such as cattail, bulrush, water lilies, and other aquatic vegetation are important because they reduce wave action (thereby reducing the threat of shoreline erosion), provide fish and wildlife habitat, buffer shorelines from pollutants, and provide other environmental benefits. An excellent source of information on the environmental benefits of aquatic vegetation is contained in the DNR publication Lakescaping For Wildlife and Water Quality, which is available at Minnesota's Bookstore.
Any control of emergent vegetation, such as cattails, and the use of pesticides in public waters does require a permit from the DNR. Aquatic Plant Management permits are issued through the Regional Fisheries Offices. The rules governing the destruction of aquatic vegetation are found in Minnesota Rules - Chapter 6280. For further information contact your Regional or Area Fisheries Office. For a free copy of A Guide to Aquatic Plants: Identification And Management, you may contact Ecological Services Section at (651) 296-2835. This publication explains the importance of aquatic vegetation to Minnesota lakes, provides an easy-to-use picture key to some of the common aquatic plants, and explains regulations and methods of control.

Can I cut the trees that block my view?

No permit is required to remove debris, such as trees, logs, stumps, and trash as long as the original alignment, slope or cross section of a lake, river, or wetland is not altered. Within the Shoreland Management District, no permit is required for limited clearing of trees and shrubs (10 to 20 percent) and cutting, pruning, and trimming of trees to accommodate the placement of stairways, paths, and water accesses and to provide a view to the water from the principal dwelling.

There are dead trees on my shoreline and in the lake. Is a DNR permit required to cut them down?

Dead or diseased trees, limbs, or branches that pose a safety hazard may be removed as long as the structure remains adequately screened when viewed from the water. Diseased or dying vegetation may be removed along with selective pruning of branches to allow a view. If the lakeshore area includes a bluff, vegetation removal is more closely controlled through the local government's shoreland controls. Requirements for vegetative cuttings or removal may be more restrictive for the Wild and Scenic Rivers Program, the Lower St. Croix National Scenic Riverway, and the Mississippi River Critical Area Program. City or county planning/zoning officials should be contacted before undertaking these types of activities. 

Can I build a retaining wall along the lakeshore?

A DNR public waters work permit is required to build a retaining wall along your shoreline if the structure is proposed below the ordinary high water level (OHW). The DNR discourages the construction of retaining walls, particularly when a water basin or watercourse is relatively undeveloped. The use of hard armoring (rock riprap) or soft armoring (biovegetation) is encouraged. Many local governmental units address projects such as retaining walls with a grading and filling permit system, so you should also contact your local zoning office for any specific requirements. 

Can I put a riprap border on my lakeshore?

Riprap is the term used for large natural rock placed along a shoreline to control or stop erosion. Riprap can be either large boulder size rocks typically found along a farmer's fence line or a commercially mined rock product such as basalt (traprock).
A DNR public waters work permit is not required if the following conditions are satisfied: 

• Natural rock only, at least 12 inches in diameter or larger, is installed.
• Riprap is installed no more than 5 feet waterward of the ordinary high water level.
• Riprap conforms to natural alignment of shore and does not obstruct flow of water.
• The minimum finished slope is no steeper that 3:1 (horizontal to vertical).
• The site is not a posted fish spawning area, designated trout stream, nor along the shores of Lake Superior.

The following activities don't require a DNR permit but may require local permits or approvals:

• The building of a boat house or storage shed near the lake.
• The building a road to get boats in and out.
• Lawn landscaping