Add Minnesota's deteriorating lake water quality to the list of pressing problems Gov. Tim Pawlenty has left to his successor. His recent rejection of revised lakeshore property rules that were developed by the Department of Natural Resources under direction from the Legislature makes it likely that the process will need to start over.
The rules were last updated in 1989 and do not reflect the significant shifts that have transpired in Minnesota lake country. Many people may still refer to "cabins in the woods," but that seems a quaint designation considering that many lakefront properties have huge homes with manicured lawns. The resulting water quality problems were detailed by Star Tribune reporters Tom Meersman and Jim Spencer in the "Losing our lakes" series June 20-22. The stories also described the impact of agricultural runoff, which is not addressed in the DNR's proposed revisions.
Pawlenty specifically nixed updated regulations on the size of docks and lakeshore construction. In his letter, even the governor admitted that "it is clear some individuals have installed docks or platforms that are unreasonable in size."
These monster docks often crowd out needed natural vegetation and hurt water quality and fish habitat. The proposed rules would have increased minimum setbacks for new construction in an attempt to mitigate runoff, and would have mandated septic system improvements for existing properties when they change hands or get special building permits.
Pawlenty's written response to DNR Commissioner Mark Holsten -- containing code phrases like "overreach," "state-dictated command and control," and "unfairly undermine important private property rights with little accountability from elected officials" -- read more like rhetoric for the campaign trail in Iowa than a reasoned response from a Minnesota governor charged with protecting the state's lakes and rivers.
The governor's comments don't ring true to Scott Strand, executive director of the Minnesota Center for Environmental Advocacy. "This gets styled as homeowners vs. environmentalists, and that's not this at all," he said. "Property owners are worried about their property values, and as their lake turns green, their home values are going down. ... There's the property rights of the person who may not want to do the right thing with their property, but then there's the property rights of all the people around the lake and people downstream."
Now that the can has been kicked to the next governor, it's worth noting how the issue might play out in the gubernatorial campaign.
Jim Mulder, Independence Party candidate Tom Horner's running mate, criticized Pawlenty for not being involved earlier in the process and said Horner believes counties should be given more authority to deny variances and exceptions to the rules.
