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5 Slow No Wake OrdinanceCITYOF CHANHASSEN 690 Gty Center Drive PO Box 147 'hanhassen, Minnesota 55317 Phone 952.937.1900 General Fax 952.937.5739 'ngineering Department Fax 952.937.9152 Building Department Fax 952.934.2524 Web Site wwzv. cl. chanhasse,, mn. us MEMORANDUM TO: FROM: Todd Gerhardt, Acting City Manager Loft Haak, Water Resources Coordinator DATE: July 18, 2001 SUBJ: Slow-No Wake Ordinance PURPOSE The City Council requested staff explore the feasibility of a slow-no wake ordinance for the City of Chanhassen. The following report is a summary of staff research on this topic, as well as the proposed slow-no wake ordinance for high water levels on Lotus Lake. BACKGROUND The original slow-no wake ordinance (Section 6-49, Attachment 1) was adopted on July 11, 1983. It states, "No person shall operate a watercraft in any marked slow-no wake area in excess of slow-no wake speed. Slow-no wake areas shall be marked in accordance with the applicable regulations of the State Department of Natural Resources. The location and boundaries of each slow-no wake area established are shown on [the Water Surface Use Zoning Map of Chanhassen]" (Attachment 2). This map establishes slow-no wake areas in zones 100 feet wide measured from the shorelines of Ann, Lotus, Lucy, Minnewashta and Susan Lakes. In addition, Section 6-50 of the City Code states, "No person shall operate a watercraft at a speed which exceeds the following limitations: (1) All lakes in marked 'slow-no wake' areas, slow-no wake." In 1996, staff researched the possibility of establishing slow-no wake criteria for 'each of Chanhassen' s lakes. Research showed that the lakes in Chanhassen are rarely above the Ordinary High Water Level (OHW) and, when the water is above the OHW, it remains at that level for a very short period of time (one or two days). Staff suggested the City not pursue a slow-no wake ordinance for water elevations above the OHW because it would be a time consuming venture and would not significantly increase the quality of the lakes. Staff recommended that the iff of Chanhassen. ,4 gww/,g cammu,/q w/th dca,/akes, qua/~O, schools, a charming downtown, thriving bush~esses, and beautifid parks. A great p/ace to live, work, and play. Todd Gerhardt July 18, 2001 Page 2 Council adopt a plan for water elevations at or above the 100-year flood stage, wherein an emergency slow-no wake ordinance would be passed until the water subsides (Attachments 3 and 4). On August 25, 1997, the City adopted an emergency slow-no wake ordinance (Attachment 5). The ordinance established a no wake elevation in excess of the OHW on five Chanhassen lakes (Lotus, Minnewashta, Susan, Riley and Lucy) and specified areas on each lake where these no wake regulations would be enforced. It appears that this ordinance was intended to be a temporary ordinance, even though it did not include an "expiration date" and has not been repealed. Staff is currently reexamining the possibility of a slow-no wake ordinance for the City of Chanhassen per direction from the City Council. Staff is also seeking to have the 1997 emergency slow-no wake ordinance repealed. RATIONALE Large wakes, especially during times of high water, are a concern for the City for several reasons: 1. Wakes affect the recreation and safety of a lake. They can endanger those who use the lake. They can rock, swamp, or capsize boats thus exposing passengers to higher risks of injury. They can increase levels of sediment in the water, which makes lakes unappealing to lake users and residents. Wakes increase levels of debris in the water, which pose heightened risks to all people on the lake. 2. Wakes can damage property. Docked boats can be thrust against their moorings and thus damaged. Debris, such as trees, could wash into docks and other structures. Shoreline property owners could lose the edge of their property due to shoreline erosion. Boat wakes can worsen shoreline flooding. 3. Wakes can be dangerous for wildlife. Large wakes can disturb nesting shoreline birds. Additional sediment from shoreline erosion can silt into fish spawning habitat and smother aquatic vegetation, limiting the size and quality of the animal populations. Photosynthesis of aquatic plants is also affected. Sediment makes the water cloudy so light is unable to reach the aquatic plants. The plants then can be stunted or unable to survive. Hydrologists and the Oregon State Marine Board have shown that the size of the wake does matter in regard to damage done to the shoreline - a 5-inch wake produces limited damage to shorelines, while a 10-inch wake is 5 times more destructive than a 5-inch wake, and a 25-inch wake is 30 times more destructive than a 5-inch wake. Runabouts and larger fishing boats are capable of creating a 10-inch wake, while craft with displacement hulls (such as houseboats and cruisers) can create 25-inch wakes. Todd Gerhardt July 18,2001 Page 3 OTHER ORDINANCES Several cities in Minnesota have adopted ordinances that place slow-no wake restrictions on watercraft operation when water levels are above the OHW. Following are examples of slow-no wake ordinances from Prior Lake, Plymouth, the Lake Minnetonka Conservation District and Lake Elmo. Prior Lake Prior Lake's ordinance states that the city reserves the fight to impose additional slow-no wake zones on Upper and Lower Prior Lake when the water level exceeds the OHW (904 feet) in order to "protect life and property." The restrictions are advertised in the local newspapers and all access ramps are also marked. The restrictions are removed following subsiding of high water levels to below 904 feet for three consecutive days (Attachment 6). Plymouth The slow-no wake ordinance for the City of Plymouth states that no person shall operate a watercraft at greater than slow-no wake speed on Medicine Lake whenever the water level exceeds 889.4 feet (the OHW) and remains at that level for at least three consecutive days. The slow-no wake restriction is removed once the water elevation stays at or below 889.4 feet for three consecutive days (Attachment 7). Lake Minnetonka Conservation District Lake Minnetonka Conservation District's ordinance states that the "operation of watercraft at normal speeds on the Lake during periods of High Water ... has serious adverse effects on the shoreline of the Lake and structures existing on the shoreline." The Executive Director can make a High Water Declaration when the Lake elevation has been above the OHW (930 feet) for five consecutive days, and must be made when the elevation exceeds the OHW for eight consecutive days or the elevation has reached or exceeded 930.25 feet. Once a High Water Declaration has been made, it is unlawful for a person to operate a watercraft at more than minimum wake in a regulated area. The High Water Declaration is rescinded once the water elevation falls below 930 feet and stays such for three consecutive days (Attachment 8). Lake Ehno Lake Elmo also has High Water Speed Limitations on four lakes in the city. As with the above cities, the restrictions are imposed once the water elevation exceeds the OHW for each lake. The public is notified through an article in the city newspaper, and signs are posted at the public landing areas and on the city's bulletin board. Once the water elevation level returns to its OHW or lower for three consecutive days, the restriction is removed (Attachment 9). ISSUES Staff has identified the following issues that relate to the feasibility of a slow-no wake ordinance: Todd Gerhardt July 18,2001 Page 4 1. Enforcement: Carver County has one patrol boat with which to patrol all the lakes in the county. It is anticipated that enforcement of a slow-no wake ordinance would not meet citizen expectations. Signs would be posted at public landings but could not be enforced by City Staff. 2. Need: Because Lake Lucy has no public access, there is no place for signs and no way of enforcing the rule. Thus it would be difficult to place restrictions upon that lake. Lake Ann already has restrictions on motors and speed and, therefore, does not need a slow-no wake ordinance. Lake Minnewashta and Christmas Lake both have large channelized outflow systems, and their water levels fluctuate very slightly. They seldom reach the OHW, and when they do, it is for a very short period of time, so a slow-no wake ordinance is not necessary. Lotus Lake and Lake Susan are rarely above the OHW, and though Lake Riley has a history of high elevations, it also has a larger outlet dam system and thus the overflow is only for short periods of time. 3. Monitoring Lake Levels: In order to enforce a slow-no wake policy, the City must know when the lake in question is above the OHW level. The City has reached a verbal agreement with a resident on Lotus Lake with a lake gauge on his property. The agreement will allow staff to monitor the lake level on a regular basis. 4. Providing Adequate Notice: Reasonable notice must be given to the boating public that slow-no wake restrictions are in effect. Because of the nature of the take levels and the publishing deadlines for the Villager, wake restrictions could go into effect and be removed before any published notice is given. Boaters entering the lakes through the public access would see the slow-no wake signs, but users living on the lake would not. This raises the question of how to alert lakeshore property owners of slow-no wake restrictions when they are in effect. 5. Homeowner Involvement: The homeowners' associations of many lakes are not extremely proactive. Staff has consistently encouraged homeowners to take a proactive approach to the management of their lakes. This can be done through the education of lakeshore property owners and influencing public policy. On July 13,2001, staff mailed notice of the proposed slow-no wake ordinance to each of the homeowner's associations on Lotus Lake. The notice included the proposed ordinance, the time and date of the public hearing and information on how to contact staff with comments and/or questions. The City may pass an ordinance to restrict boating activities that cause wakes on any lake that is completely within the City boundary. If the lake is not entirely within Chanhassen, an identical ordinance from the neighboring city is required. Lakes entirely within Chanhassen include Lotus, Minnewashta, Susan, Lucy and Ann. Lake Ann currently has speed restrictions in place and would not need a slow-no wake ordinance. Lake Lucy has no public access, so there is no way of enforcing a slow-no wake zone on that lake. As the boat traffic on Lake Susan is minimal Todd Gerhardt July 18,2001 Page 5 and appears to include primarily fishing boats, the wakes are likely small and inflict little damage to the shoreline. Lake Minnewashta has a reasonably constant water level because of its outflow system, and thus does not require a slow-no wake ordinance. As a result, staff recommends a slow-no wake ordinance be placed only on Lotus Lake. RECOMMENDATIONS Staff recommends the City Council approve the following motion: "Section 6-49 shall be modified to read: 'No person shall operate a watercraft in any marked slow-no wake areas in excess of slow-no wake speed. Slow-no wake areas shall be marked in accordance with the applicable regulations of the state department of natural resources. The location and boundaries of each slow-no wake area established are shown on that certain map entitled Water Surface Use Zoning Map of Chanhassen dated July 11, 1983, on file in the city hall. The map and all notations, references and data thereon are hereby incorporated by reference into this article and shall have the same force and effect as if fully set forth and described herein. Lotus Lake; Special Provisions. No person shall operate a watercraft at greater than slow-no wake speed on Lotus Lake whenever the water elevation exceeds 896.3 feet and remains at that level for at least three consecutive days. The slow-no wake restriction shall remain in place until the lake level drops to 896.3 feet or below for at least three consecutive days. Upon the placement of a slow-no wake restriction, a sign noticing the restriction shall be posted at the public access. The sign shall be removed upon the removal of the slow-no wake restriction. Notice of the restriction shall also be given through the publication of an article in the Chanhassen Villager. and 'Sec. 6 56 Emcrgcncy Slow No Wakc Watcrcraft Opcrations Pursuant to Minncsota Statutcs Sections 86B.201 .205, 459.20, and Minn. Rules Parts 6110.0300 6110.3700, and in ordcr to protect public and privatc propcrty threatened by high watcr lcvcls, a local statc of cmcrgcncy is hercby declared and the operation and spood of watcrcraft is hcrcby tcmporarily rcgulated. No pcrson shall opcratc any watcrcraft in cxccss of a Slow No Wake speed on the foll6wing lakcs, in thc areas indicated, whcncvcr thc lake lcvels reach the elevations specified below: Todd Gerhardt July 18,2001 Page 6 Lake No Wake Elevation Areas Regulated Lotus 896.6 Lakc Wide Minncwashta 9'ld .9 Within 600 ft. of shore Susan 882.2 Lake Wide Rilcy 865.5 Within 600 ft. of shore Lucy 956.4 Lake Widc SECTION 2. This ordinancc shall bc cffectivcly immcdiatcly upon its passagc and publication.'" ATTACHMENTS 1. Slow-no wake ordinance, Chanhassen City Code, Sec. 6-49 and Sec. 6-50. 2. Water Surface Use Zoning Map of Chanhassen, dated July 11, 1983. 3. Memorandum from P. Elkin to D. Ashworth, August 4, 1997. 4. Memorandum from P. Elkin to S. Botcher, et al., May 25, 1999. 5. Emergency Slow-no wake ordinance, Chanhassen City Code, Sec. 6-56. 6. Slow-no wake ordinance, Prior Lake City Code. 7. Slow-no wake ordinance, Plymouth City Code. 8. Slow-no wake ordinance, Lake Minnetonka Conservation District Code. 9. Slow-no wake ordinance, Lake Elmo City Code. 10. Letter to Lotus Lake Homeowners Associations and mailing list. 11. Proposed Ordinance. g:\eng\loriXrnemoskslow no wake - cc report.doc _L § 6:30 CHANHASSEN CITY CODE Sec. 6-30. Removal of seasonal docks, moorings, etc. All seasonal docks, moorings, and other structures shall be removed from the lake before November I of each year. All nonconforming structures, except legally nonconforming docks and swimming rafts, once removed may not be returned to the lake. Legal nonconforming moorings, docks, and swimming rafts, e.g., the "Carver Beach" raft, may be returned to the lake. (Ord. No. 73, § 3.12, 7-11-83; Ord. No. 109, § 2, 9-29-89) Sees. 6-31-6-45. Reserved. ARTICLE III. WATERCRAFT OPERATING REGUI~TIONS Sec. 6-46. State law incorporated. The provisions of Minnesota Statutes chapter 361, and the rules and regulations of the state department of natural resources promulgated thereunder are hereby incorporated herein and made a part of this chapter. (Ord. No. 73, § 5.01, 7-11-83) Sec. 6-47. Towing airborne vehicles. No person shall tow any airborne vehicle with a watercraft. (Ord. No. 73, § 5.02, 7-11-83) Sec. 6-48. Operation near shoreline. Operation of motorized watercraft within one hundred (100) feet of any shoreline shall be limited to emerging straight out from and straight towards the shoreline, or slow-no wake operation. (Ord. No. 73, § 5.05, 7-11-83) Sec. 6-49. Slow-No wake areas. No person shall operate a watercraft in any marked slow-no wake areas in excess of slow-no wake speed. Slow-no wake areas shall be marked in accordance with the applicable regulations of the state department of natural resources. The location and boundaries of each 'slow-no wake area established are shown on that certain map entitled Water Surface Use Zoning Map of Chanhassen dated July 11, 1983, on file in the city hall. The map and all notations, references and data thereon are hereby incorporated by reference into this article and shall have the same force and effect as if fully set forth and described herein. (Ord. No. 73, § 5.06, 7-11-83) Supp. No. 5 334 BOATS AND WATERWAYS § 6-53 Sec. 6-50. Speed. No person shall operate a watercraft at a speed which exceeds the following limitations (1) All lakes in marked "slow-no wake" areas, slow-no wake; (2) Lake Ann, fifteen (15) miles per hour; (3) Lake St. Joe, fifteen (15) miles per hour; (4) Lotus Lake: a. Sunrise to sunset, forty (40) miles per hour; b. Sunset to sunrise the following day, fifteen (15) miles per hour; (5) Lake Lucy: a. Sunrise to sunset, forty (40) miles per hour; b. Sunset to sunrise the following day, fifteen (15) miles per hour; (6) Lake Minnewashta: a. Sunrise to sunset, forty (40) miles per hour; b. Sunset to sunrise the following day, fifteen (15) miles per hour; (7) Lake Susan: a. Sunrise to sunset, forty (40) miles per hour; b. Sunset to sunrise the following day, fifteen (15) miles per hour. (Ord. No. 73, § 5.07, 7-11-83) Sec. 6.51. Motors. The operation of motorboats which are propelled by an internal combustion engine is prohibited upon Lake Ann. The operation of motorboats which are propelled by electric motors is permitted upon Lake Ann. (Ord. No. 73, § 5.08, 7-11-83) Sec. 6.52. Direction of travel. The operation of motorized watercraft at speeds in excess of fifteen (15) miles per hour in other than a counter-clockwise pattern of travel is prohibited upon Lotus Lake. (Ord. No. 73, § 5.09, 7-11-83) Sec. 6.53. Observer required for water skiers. No person shall operate a' watercraft on any lake, towing a person on water skis, aqua- plane, surfboard, saucer, or similar device, unless there is in such watercraft another person in addition to the operator in a position to continually observe the person being towed. The Supp. No. 5 335 MN DNR I&E Fax:6122054658 May 4 20019'27 P. 01 ~r, ¢ . ,(..., : I .1 MEMORANDUM TO: Don Ashworth, City Manager FROM: Phillip Elkin, Water Resources Coordinator DATE: August 4, 1997 SUB J: No Wake UPDATE The City's Attorneys have prepared the attached proposed ordinance. If approved, a copy will be sent to the Minnesota Department of Natural Resources for State approval. In addition, City staff will initiate the process of establishing permanent markers and No Wake signs for effected lakes. I have also attached a memo from Scott Harr, Public Safety Director, discussing enforcement issues. Here is summary of our meeting on no wake ordinances and an update on the issue. · The City can pass an ordinance to restrict boating activities that cause wakes · Any Lake that the City restricts will have to be completely within the City boundary or will require an identical ordinance from the adjoining City. (i.e. Lake Riley will require additional approval from the City of Eden Prairie.) · Recreational lakes entirely within Chanhassen, which this ordinance would effect are LotuS, Minnewashta, Susan, Lucy and Ann. · The DNR will have to review any ordinances to make sure they meet state regulations · Public Safety has posted No Wake signs on all Lakes which have public access in Chanhassen, however are technically not legal. · Carver County and DNR water patrol will enforce No Wake ordinances once they're in place. · At this time I would recommend that any ordinance be proposed for Lotus Lake, Lake Riley and Lake Minnewashta. Lake Ann already has a restriction on motors, and Lake Lucy has no public access therefore there is nowhere for signs or no way of enforcing the rules. The Lake Minnetonka Conservation District has had such an ordinance in place since July 1993. That ordinance requires the water levels to exceed the ordinary high water mark (OHW 929.4) by 0.4 feet (929.8) for five consecutive days or reach a level of 930.0. All elevations are measured above sea level. In the past few years water has risen above the mark and gone down the next day, thus the five day requirement. Here is my proposal on how the City should proceed with issue for the remainder of the boating season: Enact a temporary No Wake ordinance on the following Lakes at the respective elevations: Recreational NWL OHW 100yr. WL Proposed Distance from Lakes No Wake El. Shore Lotus 895.4 896.3 896.8 896.6 Lake Wide Minnewashta 942.2 944.5 945.3 944.9 600 ft Christmas N/A 932.77 N/A N/A Susan 881.4 881.8 884 882.2 Lake Wide Riley 864 865.3 865.5 865.5 600 ft Ann 955.2 955.5 956.3 N/A Lucy 955.3 956.1 956.6 956.4 Lake Wide *NWL - Normal water Level *OHW - Ordinary high water level *100yr. WL- 100 year floodplain level Once a ordinance is drafted send a copy to Eden Prairie for their ratification. If this action is agreed upon, I will contact Roger K. and have the elevations written into an ordinance. If the ordinance process is to be pursued I recommend the following actions: · Meet with watershed districts, DNR and determine an elevation for enactment of the ordinance. Determination should be made at specific water level that triggers a ban and a proposed ordinance drafted. · Determine which lakes need no wake protection and eliminate any lakes that can withstand temporary rising water. A public hearing should be held with all Lakeshore residents notified as well as notification in the local newspaper · Benchmark elevations put at public access points of each of the lakes to identify the restrictive water elevations · No wake signs should be made that can be posted and removed · No wake signs would have a diagram of the lake, and restricted areas highlighted. MEMORANDUM TO: Scott Botcher, City Manager Mayor & City Council FROM: Phillip Elkin, Water Resource Coordinator DATE: May 25, 1999 SUB J: No Wake Zones on Area Lakes With the recent amount of continuous rainfall, we've been getting calls requesting that the City establish No Wake Zones on city lakes from lakeshore owners who are afraid of erosion that the high water and wave action will cause. As you may recall, in 1996, we had a similar situation and at that time I investigated the possibility of establishing No Wake Zones on all of the city lakes. As part of my research I found that anytime a lake or the lake level is at or below the ordinary high water (OHW) level established by the DNR, the DNR has jurisdiction over use of the water body and the City cannot restrict activities. I also contacted t'he Watershed District and the DNR and obtained lake level readings since the late 1950's on most all of the lakes. What this indicated was that very seldom do city lakes get above the OHW level and when they do, it is for a very short period of time (one or two days). The only lakes that are consistently above the OHW water level in the Chanhassen area are Lake Lucy and Lake Ann. Lake Lucy has no public access so we have no way of enforcing a No Wake Zone on that lake. Lake Ann already has restrictions on the speed and motor size so, again, we would not have reason to put No Wake ordinances on those lakes. Lake Minnewashta and Christmas Lake both have large channelized outflow systems and their water levels fluctuate very slightly. Again, they seldom reach the OHW and when they do, it is for a very short period of time. Which leaves us with Lotus Lake, Lake Susan and Lake Riley. After looking at those lakes, Lotus Lake has only reached an elevation of 3" above the OHW level mark three times in the last 30 years. Lake Susan has done this five times. Lake Riley has a history or getting high elevations but it also has a larger outlet dam system so that, again, it is very short periods of time that it reaches a high level. The major obstacles in enforcing a No Wake Policy is knowing when the lake is above the OHW level. This would require two people with surveying equipment to carefully monitor on a daily basis when it is suspected that the water level is above the OHW. In researching this issue, I talked to other agencies that enforce No Wake policies, most notably the Lake Minnetonka Conservation District. They have established a No Wake elevation which is 2Y2" above the OHW level and which must be sustained for five days before they will start enforcing No Wake rules. This prevents public No Wake Zones Memo May 25, 1999 Page 2 safety officials from making numerous trips out to the lake to put up and take down No Wake signs. The Lake Minnetonka Conservation District has ,not issued a "No Wake" warning this year. After meeting with public safety officials and the Carver County Sheriff's Department, I reached the following conclusions about No Wake Zones and enforcing the rules: On the three lakes in question, Lotus Lake, Lake Susan, and Lake Riley, very seldom reach a significant elevation above the OHW. These lakes do not sustain this high water level for extended periods of time (days). . If we established a no wake ordinance, we would be unable to enforce this action effectively. Currently, Carver County has one patrol boat. We could put up signs but would not be able to meet citizen expectations on enforcement. ge Monitoring lake levels would require two staff members to be on-call during times of significant rainfall. Bi-weekly monitoring is already conducted by the MnDNR volunteer program and monthly readings by local Watershed Districts. , We must give reasonable notice to the boating public that no-wake restrictions are in effect. Because of the nature of the Lake levels and the publishing deadlines for the Villager, wake ordinances could come and go before any notice is given. Boaters entering the lakes through the public access would see the no-wake signs but not users living on the lake would not. 5. If we pass a no wake ordinance, we must be able to justify this action before the DNR would allow us to enact. . The reason for establishing no wake zones is to prevent erosion of shoreland around the lakes. There is little if any evidence of shoreland loss due to high water levels. In conclusion, we found that it would be a time consuming venture and would not significantly increase the quality of the lakes. I would recommend that the Council adapt a plan that if water levels reach the 100 year flood stage or higher an emergency No-wake ordinance be passed until water subsides. jms \\cfs 1 \vol2\eng\phillipXnewalley item.doc AT-T-ACH A JT CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 2 7 2 AN EMERG~CY ORDIN~CE AMENDING CtlAIrFER 6, ARTICLE III OF THE CHANHASSEN CITY CODE CONCERNING WATERCRAFT OPERATING REGULATIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS' SECTION 1. Chapter 6 of the Chanhassen City Code is amended by adding a Section 6-56 to read' Sec. 6-56 Emergency Slow-No Wake Watercraft Operations Pursuant to Minnesota Statutes Sections 86B.20i-.205,459.20, and Minn. Rules Parts 6110.0300-6110.3700, and in order to protect public and private property threatened by high water levels, a local state of emergency is hereby declared and the operation and speed of watercraft is hereby temporarily regulated. No person shall operate any watercraft in excess of a Slow-No Wake speed on the following lakes, in the areas indicated, whenever the lake levels reach the elevations specified below: Lake No Wake Elevation Areas Remalated Lotus 896.6 Lake Wide Minnewashta 944.9 Within 600 ft. of shore Susan 882.2 Lake Wide Riley 865.5 Within 600 ft. of shore Lucy 956.4 Lake Wide SECTION 2. This ordinance shall be effective immediately upon its passage and publication. 54018 PASSED AND ADOPTED this 25th day of August of the City of Chanhassen. ,1997, by the City Council ATTEST: ~ ~ Don Ashworth, 61e~rk/Manager Nancy K.~vIancino, Mayor (Published in the Chanhassen Villager on September 4 , 997). 54018 Page 1 of l Surface Water Regulations This ordinance is intended to safeguard lake users including boaters, skiers, swimmers, fisher persons and other outdoor enthusiasts. Key provisions of the ordinance include: 1. Forty (40) mile per hour speed limit on the lake from sunrise to one hour after sunset, weekends and holidays, between Memorial and Labor Day. 2. Twenty (20) mile per hour speed limit on the lake from one hour after sunset to sunrise, Monday through Sunday for the entire boating season. a) A perpetual no-wake zone within one hundred fifty (150) feet of the shoreline around all portions of the lake. There are two exceptions to the no-wake zone. b) A watercraft towing a person on water skis, inner tube, aqua plane or similar device may operate within the no-wake zone when launching or landing that person in the most direct and safe route. 3. This exemption is authorized by the Scott County Sheriff's Office. A group or organization such as the Prior Lake Ski Club may seek an exemption for the entire season in order that they can operate their jump or slalom course within the one hundred fifty foot (150) zone. 4. Sxvimmers using inflatable devices may not do so outside of the 150 foot no-wake zone unless accompanied by a boat. 5. If xvater levels reach above 904 feet, the City may impose additional slow no-wake zones on other areas of the lake to protect life and property. Such restrictions are effective upon publication in the local newspaper or at a date specified. All access ramps must be posted with such restrictions. Restrictions will be removed following subsiding of high water levels to below 904 for three consecutive days. Enforcement of the ordinance is the responsibility of the Scott County Sheriff's Office. For more information, please call 445-7750. http://www.cityofpriorlake.com/about/ordinances.html 6/5/01 Page 1 of 1 1335.09. Medicine Lake; Special Provisions. Subdivision 1. Purpose. Pursuant to Minn. Statutes 86B.201-205,459.20, and Minnesota Rules Parts 6110.3000-6110.3700, it is the purpose of this ordinance to regulate the operation and speed of watercraft on Medicine Lake. Subd. 2. Definitions. The following words and phrases when used in this ordinance have the meanings set forth below: "Olverate" means to navigate or otherwise use a watercraft. "Slow-no wake" means the operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than 5 mph. "Watercraft" has the meaning given in Milm. Statutes 86B.005, Subd. 8. Subd. 3. Regulation. No person shall operate a watercraft at greater than slow-no wake speed on Medicine Lake whenever the water level exceeds 889.4 feet and remained at that level for at least three consecutive days. The slow-no wake restriction shall remain in place until the lake level drops to 889.4 feet or below for at least three consecutive days. (Ord. 2001-05, 02/13/2001) Subd. 4. Exemptions. Authorized resource management, emergency and enforcement personnel, when acting in the performance of their duties, shall be exempt from the provisions of this ordinance. Subd. 5. Marking. The City Staff of Plymouth and Medicine Lake shall be responsible for informing the public, posting notification at all public accesses, and marking or buoying areas affected by this ordinance as necessary to give reasonable notice of the speed restriction of this section. Subd. 6. Enforcement. Primary responsibility for the enforcement of this ordinance shall rest with the Hennepin County Sheriff's Department, including both licensed and special deputies. This, however, shall not preclude its enforcement by other licensed peace officers. (Ord. 2001-05, 02/13/2001) Subd. 7. Penalties. Any person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor. (Ord. 99-19. 06/22/99) http://~vww.ci.~ym~uth.mn.us/cgi-bin.../~ 3~-Traf~c-M~t~r-Vehic~es-and-~ther-Vehic~es.ht 6/5/01 Chapter 3 T Page 1 of 2 Section 3.021. High Water Subd. 1. Policy; Purpose. The Board of Directors of the LrvlCD has determined that (i) the operation of watercraft at normal speeds on the Lake during periods of High Water, as defined in this section, has serious adverse effects on the shoreline of the Lake and structures existing on the shoreline, and (ii) the restriction of watercraft wakes during periods of High Water is essential to the conservation of the shoreline of the Lake and the overall quality of the Lake as a natural resource. It is the purpose of this section to provide reasonable regulation of watercraft wakes during periods of High Water, and to establish a mechanism for enforcing of those limits and adequately informing Lake users of the existence and need for the regulations. Subd. 2. Definitions. For purposes of this section the terms defined in this subdivision have the meanings given them. a) "High Water" means a High Water Declaration has been made as provided in this section and has not been terminated. b) "Minimum Wake" means the wave moving out from a watercraft and trailing behind in a widening "V" of insufficient size to affect other watercraft or be detrimental to the shoreline. c) "Regulated Area" means (i) the following bays and portions of the Lake; Emerald Lake, Libbs Bay, Seton Lake, Bay St. Louis, Black Lake, Coffee Cove, Big Island Passage, Robinson's Bay, Tanager Lake, Forest Lake, Carson's Bay, Excelsior Bay, Priest's Bay, St. Alban's Bay, Gray's Bay, Stubb's Bay, and .]enning's Bay, and (ii) the surface area of the Lake within a distance of 600 feet of the shoreline. Subd. 3. General Rule. When a High Water Declaration has been made, it is unlawful for a person to operate a watercraft in the Regulated Area at a speed that results in more than a Minimum Wake. Subd. 4. Procedure: High Water Declaration. The Executive Director is authorized and directed to determine from authoritative sources the Executive Director deems reliable the water level of the Lake from time to time. The Executive Director may make a High Water Declaration when the Lake elevation has been at or above elevation 930.0 feet NGVD for a period of five consecutive days. The Executive Director shall make a High Water Declaration when the Lake elevation has been at or above elevation 930.0 feet NGVD for a period of eight consecutive days or the Lake elevation has reached or exceeded 930.25 feet NGVD. Upon making a High Water Declaration, the Executive Director must forthwith take Sec. 3.021, Subd. 5 (Rev. lO-99) the following steps: http ://www. lmcd. org/pages/Chapter3, htm 6/5/01 Chapter 3 Page 2 of 2 a) Notify the Hennepin County Sheriff's Water Patrol that a High Water Declaration has been made and that the wake regulations of this section are in effect as of a specific date and time. b) Notify, by any practicable means, marina operators, associations and other interested persons that a High Water Declaration has been made. c) Take whatever action deemed by the Executive Director to be necessary to disseminate as widely as possible the fact that a High Water Declaration has been made and that the wake regulations of this section are in effect. Subd. 5. Procedure: High Water Termination. When the Executive Director determines from authoritative sources that the lake level has fallen and remained below elevation 930.0 feet NGVD for a period of three consecutive days, the Executive Director must forthwith take the same steps set out in subdivision 4 to inform the Water Patrol and other persons that High Water no longer exists and that the wake regulations of this section are not in effect. Subd. 6. Exceptions. The provisions of this section do not apply to the sheriff, deputies, or other law enforcement officers, while engaged in the performance of their duties, or to seaplanes during a landing or takeoff. http://www, hncd. org/laages/Chapter3.htm 6/5/01 Lake Elmo Municipal Code Chapter 13 - Municipal Regulations Section 1380 -Water Surface Use Subd. 5. Size of Ice Fishinl~ House No person shall place an ice house larger than eight (8) feet by twelve (12) feet in size, on a lake. Subd 6. Fires No person shall have an open fire on the ice surface of a lake. 1380.05; Administrative Directives Subd I. High Water Sl~eed Limitations During period of high water on the lakes when the level of the lakes reaches a designated mcan seal level or greater: (,924 feet on Lake Jane; 930 feet on Lake Olson; 930 feet on Lake DeMontreville; 885.5 feet on Lake Eh'no), the City Administrator shall notify the Washington County Sheriffto impose a slow, no-wake speed on the lakes and shall pursue all reasonable efforts: A. To notify the public of high water levels by notifying the City's legal newspaper and requesting publication of an appropriate article. B. To direct the City Parks Department to post a Slow, No-Wake sign visible from the shoreline at appropriate public landing areas and to monitor lake levels on a daily basis. C. To post a notice on the City's bulletin board. High water restricts shall remain in effect until lake levels have receded for three (3) consecutive days below the level designated for each lake. Subd2. Permanent slow- No Wake Areas The channels and narrows between Lake Olson and Lake DeMontreville are hereby designated as permanent slow, no-wake areas and appropriate signs shall be posted. Subd. 3. Communication. The City shall make reasonable efforts to distribute a copy oft. he City's Water Surface Use Regulations to all riparian lot owners on or before April 1 of each year. Copies of the Water Surface Use Regulations shall be available for distribution at City Halt. 1380.06 Prohibited Structures and Uses Subd 1. Lake Activities Motorboat races, tournaments, ski jumps, slalom courses, or other competition or exhibition events are prohibited on any lake, unless specifically authorized by the City Council. Subd 2. Fee for Lake Use Unless specifically authorized by the Council, and unless consistent'with the City's zoning regulations, no riparian lot owner shalI offer the use of their property for a fee or other consideration: A. As ingress or egress to a lake. 1380-3 2/I 8/97 CITYOF 690 City Ce, ret Drive ?0 Box I47 Cha,hasse,, Mi, nesota 55317 P/~one 952.937. I900 General Fax 952.937.5739 Engineering Deparonent Faa' 952.937.9152 Bttilding Deparonent Far 952.934.2524 I~b Site wwu: ci. cha,hasse,. ,m. tt5 h'r-rt c t go.r I O July 11, 2001 { Homeowners Association } { Name } { Address } { City/State/ZIP } Dear { Name }' The City of Chanhassen is proposing revisions to the surface water use regulations for Lotus Lake. During times of high water, a slow/no wake restriction would be in effect to protect the integrity of the shoreline. This restriction would go into effect after three (3) days of high water (water above the ordinary high water level (OHW)), and it would be taken off after three (3) days of water elevation at or below the OHW. Enclosed please find the draft staff report and recommendation that will be provided to the City Council on this item. There will be a public hearing'before the City Council on July 23, 2001, at 7:00 p.~n. in the Chanhassen City Council Chambers (690 City Center Drive) to provide for all comments on the proposed ordinance. If you have questions, comments or concerns, please feel free to contact me at 952/937-1900, extension 105 prior to the July 23 public hearing. You can also reach me via e-mail at lhaak@ci.chanhassen.mn.us. Sincerely, CITY OF CHANHASSEN Loft Haak Water Resources Coordinator Enclosure CiO, qf Chanhassen. A growi,g commtmiO, w/th c/ea, lakes, q,a//t~, schools, a c/sa,,i,~ downtow,, thrivin~ busi, esses, and beat~tilqtl /)arks. ,4 ~reat /)/ace to live, work. a,d Carver Beach Properties Adrian Johnson 332 2nd Street Excelsior, MN 55331 Frontier Trail Association William Kirkvold 201 Frontier Court Chanhassen, MN 55317 Kurvers Point Homeowners Linda Blyth 7251 Kurvers Pt. Road Chanhassen, MN 55317 Lotus Lake Betterment Assoc. Jane Torvik 7005 Cheyenne Trail Chanhassen, MN 55317 Lotus Lake Homeowners Association P.O. Box 63 Chanhassen, MN 55317 Near Mt. Lake Association HOA Representative 630 Pleasant View Road Chanhassen, MN 55317 Near Mt. Limited Partnership Peter Pflaum 935 E. Wayzata Blvd. Wayzata, MN 55391 Sunrise Hills Therese Berquist 7207 Frontier Trail Chanhassen, MN 55317 CITY OF CHANHASSEN CARVER AND HE--PIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE ZONING ORDINANCE The City Council of the City of Chanhassen ordains: Section 1. Section 6-49 shall be modified to read as follows: 'No person shall operate a watercraft in any marked slow-no wake areas in excess of slow-no wake speed. Slow-no wake areas shall be marked in accordance with the applicable regulations of the state department of natural resources. The location and boundaries of each slow-no wake area established are shown on that certain map entitled Water Surface Use Zoning Map of Chanhassen dated July 11, 1983, on file in the city hall. The map and all notations, references and data thereon are hereby incorporated by reference into this article and shall have the same force and effect as if fully set forth and described herein. Lotus Lake; S[}ecial Provisions. No person shall operate a watercraft at greater than slow-no wake speed on Lotus Lake whenever the water elevation exceeds 896.3 feet and remains at that level for at least three consecutive days. The slow-no wake restriction shall remain in place until the lake level drops to 896.3 feet or below for at least three consecutive days. Upon the placement of a slow-no wake restriction, a sign noticing the restriction shall be posted at the public access. The sign shall be removed upon the removal of the slow-no wake restriction. Notice of the restriction shall also be given through the publication of an article in the Chanhassen Villager. Section 2. Section 6-56 (Ordinance No. 272) is hereby deleted in its entirety: 'Soo. 6 56 Emcrgcncy Slow No Wake Watcrcraft Operations Pursuant to Minncsota Statutcs Sections 86B.201 .205, 459.20, and Minn. Rulcs Parts 6110.0300 6110.3700, and in order to protect public and private property throatcned by high water levels, a local state of emergency is hereby declared and thc operation and speed of watcrcraft is hereby temporarily regulated. No pcrson shall operate any watercraft in excess of a Slow No Wake speed on thc following lakes, in thc areas indicated, whenever thc lake levels reach the elevations specified below: Lake No Wake Elevation Areas Regulated Lotus 896.6 Lake Wide Minncwashta 944.9 Within 600 ft. of shore Susan 882.2 Lake Wide Rilcy 865.5 Within 600 ft. of shorc Lucy 956.4 Lake Wide SECTION 2. This ordinance shall bc cffoctivcly immodiatcly upon its passagc and publication.'" Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 2001. day of ATTEST: Todd Gerhardt, Acting City Manager Linda C. Jansen, Mayor (Published in the Chanhassen Villager on ,2001)