What constitutes a "roofed" structure prohibited from Minnesota's public waters? In re Permit Application No. 2001-1036 to William C. Young (Minn. App. No. A03-1394) (June 8, 2004) (unpublished). Mr. Young sought a permit from the Minnesota Department of Natural Resources for a 20 by 30 foot structure over boat slips that included 14 support timbers with cross beams, 15 wood roof trusses made from two-by-fours, and shingled plywood sheathing. The permitted was denied, Young built the structure, and the DNR ordered it removed. Young reapplied, proposing first to attach the structure to pilings with removable brackets, and then to mount the support timbers on a wheeled structure. In each case the DNR denied the request under Minnesota Rules 6115.0210, subpart 3D, which prohibits a structure in public waters designed or intended to include a “roof.” The Court of Appeals affirmed, finding that under common usage the structure in question is a roof. Full text of ruling
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