WATER SURFACE USE ORDINANCE

STATE OF MINNESOTA

COUNTY OF SHERBURNE 

TOWNSHlP OF PALMER

ORDINANCE NO. 115

AN ORDINANCE REGULATING THE SURFACE USE OF BRIGGS LAKE CHAIN

Be it ordained and enacted by the Palmer Township Board, State of Minnesota that the newly enacted

ordinance, upon its enactment becomes an ordinance No. 115

        Section 1: PURPOSE, INTENT AND APPLICATION: As authorized by Minnesota Statutes 86B.201, 86B205,

and 459.20, AND Minnesota Rules 6110.3000-6110.3800 as now in effect and as hereafter amended, this

Ordinance is enacted for the purpose and with the intent to control and regulate the use of the

waters of Briggs Lake Chain in the Township of Palmer Minnesota, said bodies of water being located

entirely within the boundaries of Palmer Township to promote its fullest use and enjoyment by the

public in general and the citizens of Palmer Township in particular; to insure safety for persons

and property in connection with the use of said waters; to harmonize and integrate the varying uses

of said waters; and to promote the general health, safety and welfare of the citizens of Palmer

Township, Minnesota.

       Section 2: DEFINITIONS: Terms used in this ordinance related to boating are defined in M.S.

86B.005. "Slow-No-Wake" is defined by Minnesota Statute and Rule as the minimum speed necessary to

operate a watercraft but no more than five (5) miles per hour (See Minn. Stat. 86B005.sub.16a or

Minn. R. part 6110.3700 for exact definitions).

     Section 3: SURFACE ZONING OF BRIGGS LAKE CHAIN BY RESTRICTING SPEEDS DURING CERTAIN HOURS.

(A) Slow - no wake speed 24 hours per day when the lake level on Briggs Lake, Rush Lake, and

Lake Julia exceeds 964.2 feet, elevation, datum: NGVD 29, as measured by the gauge established

and maintained by the Palmer Township Board. Said gauge shall be recertified each season

before high water events begin or at such times as the Board determines. Such restrictions shall

become effective upon posting or on a specified date as determined by the Board, whichever is

later. All public watercraft accesses shall be posted prior to and during the time restrictions

are in place. In addition, notice of said restrictions shall also be posted at the Palmer Town

Hall.

(B) When high water levels have subsided and have remained below an elevation of

964.2 feet above mean sea level for three (3) consecutive days, said restrictions shall be promptly

removed.

     Section 4: CHANNEL RESTRICTIONS: Slow-no wake speed shall be enforced with in the water way

between Briggs Lake and Lake Julia; between Briggs Lake and Rush Lake and the Briggs Lake Bijou

Area throughout the open water season no matter what the water elevation. Water marker buoys shall

mark the beginning and end of said channel.

     Section 5: ENFORCEMENT: The primary responsibility for enforcement of this ordinance shall rest

with the Sherburne County Sheriffs Department. This, however, shall not preclude enforcement by

other licensed peace officers.

     Section 6: EXEMPTIONS: All authorized Resource Management, Emergency and Enforcement Personnel,

while acting in the performance of their assigned duties are exempt from the foregoing

restrictions.

     Section 7: NOTIFICATION: It shall be the responsibility of the Palmer Township to provide for

adequate notification of the public, which shall include placement of a sign at each public

watercraft access outlining essential elements of the ordinance.

     Section 8: PENALTIES: Any person who shall violate any of the provisions of this Ordinance shall be

guilty of a Misdemeanor.

     Section 9: EFFECTIVE DATE: This Ordinance shall be in effect from and after the date of its passage

and publication.

     Section 10: REPEAL: Upon adoption and publication of this Ordinance, Palmer Ordinance No. I 04

is repealed.