TYPES OF LAKESHORE ACCESS
Lakeshore lots on Lake Minnetonka vary in lakeshore access. The types include direct access, channel access, and Common Land or Commons. Regardless of their access classification, all properties must follow regulations and guidelines enforced by the LMCD and each municipality. Learn more about the different types and refer to the city ordinances below to get specific rules and regulations in your area:
DIRECT ACCESS
Homes on the lake that have direct access are granted Riparian rights, which are property rights from owning shoreland. These rights typically include access to and use of the water for recreational purposes, the right to construct a dock, and the use of land added by accretion.
Different municipal cities have various regulations when it comes to direct access properties. For instance, homeowners in the city of Orono are not permitted to lease dock slips on their property, violating the city Code Section 94-71. Below you can find each of the City Ordinances about lakeshores in the Lake Minnetonka area.
CHANNEL ACCESS
Homes on the lake that have channel access are granted Riparian rights, which are property rights from owning shoreland. That being said, all docks or other structures should be located in a way that does not obstruct the navigable channel or reasonable access to any other dock, mooring area, or similar structure authorized under the Code. Channels on Lake Minnetonka are considered quiet water areas, and motor-operated watercraft cannot exceed a speed of five miles per hour. Making all homes on channels in designated no-wake areas; for additional information regarding lakeshore properties on channels, refer to the LMCD Code.
COMMON LAND & COMMONS
Some entities may have riparian rights for lakeshore properties. Look at the City of Mound; Common Land is dedicated for use as part of its multiple dock program. The docking program permits up to 637 boats annually on Lake Minnetonka. Developers in 1906-1921 set aside linear accessways known as Commons on the shoreline of Mound as they platted new subdivisions. Allowing Mound municipal boat slip holders to access dockage on the lakeshore around Mound, even if the dock is on someone's property. Lakeshore properties in Mound are on Common Land, allowing the city of Mound to install community dockage in linear accessways adjacent to their property. Learn more about Mound's dock system and Common Land here.
Other cities may have certain riparian rights to use lakeshores as part of their multiple dock program or for parks or beaches. Likewise, Homeowner Associations may have riparian rights to certain lakeshores, or a segment may be dedicated to a numerous dock license.
LAKE MINNETONKA PROPERTY RIGHTS
The Lake Minnetonka Conservation District (LMCD) governs Lake Minnetonka. Homeowners must adhere to all rules and regulations set by the LMCD and each municipality. The LMCD assesses all applications for Easements and Variances.
LAKE MINNETONKA CONSERVATION DISTRICT
In the early 20th century, Lake Minnetonka experienced significant environmental issues due to population growth, urban development, and industrial activities in the surrounding area. In response to growing environmental concerns, Minnesota Legislature established the Lake Minnetonka Conservation District (LMCD) to regulate the lake's use and develop a plan to eliminate pollution.
The primary purposes of the LMCD are to govern Lake Minnetonka, protect and improve its water quality, preserve the lake's natural resources, and ensure its sustainability for recreational purposes. The LMCD brings together 14 cities to protect, preserve, and enhance Lake Minnetonka's environment. The organization has implemented various regulations to achieve its goals, including water quality monitoring, shoreline management, aquatic invasive species prevention, navigation, and safety.
Lakeshore homeowners must adhere to the LMCD regulations to help protect and preserve the lake. The LMCD has a lakeshore owner guide answering frequently asked questions and aiding the transition to a lake-friendly lifestyle. In addition to LMCD, each municipality could have rules and regulations homeowners have to adhere to. Check with your local government authorities for any questions regarding your lakeshore property.
EASEMENTS
Lakeshore access depends on Riparian rights; generally, the Riparian rights for the entire site are considered for applying the Code. In situations in which riparian rights are shared among multiple parties for a certain site, the accumulation of the entire site must comply with the Code requirements.
Easements grant the holder a legal right to use another's land for a limited purpose while the land's legal title remains with the property's owner. On Lake Minnetonka, an easement is typically used for lake access. However, there are various easements, including private property easements, conservation, public easements, and others.
When an easement is present in a real estate transaction, it is important to transfer properly, or in cases, where the easement is temporary, the property owner will have to ensure it gets properly dissolved. If the property you are interested in has access to the lake through an easement, be sure to review the language of the easement carefully. Specifically looking at shared riparian rights that may affect the Code of allowances, such as setbacks and watercraft density. Refer to the LMCD Residential Docks, Structures, and Watercraft handout for additional information on setbacks, length, watercraft density, and other requirements.
VARIANCES
A variance is a request to deviate from one or more Code requirements. The Code's section 6-5.01 outlines the variance process and requirements. Variances are used as a limited tool to address unique situations where strict application of the Code creates practical difficulties based on conditions unique to a property. An example is a property or neighboring properties having variances that permanently alter the dock use areas or the watercraft allowed. Practical difficulties referring to a specific property may include conflicting dock use areas or shallow water. Variances should be registered with county property records because they are conditions of the property.
Source Lake Minnetonka Conservation District®
Source Lake Minnetonka Conservation District Code of Ordinances®
Source Lake Minnetonka Conservation District®
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Meet Dan Hollerman
Specializing in the homes, lakeshore, lifestyle and history of Lake Minnetonka.
