HomeMy WebLinkAboutBog PolicyCity of Prior Lake
Bog Policy 1
BOG POLICY
Adopted April 24, 2017
SUMMARY/PURPOSE
The purpose of this Policy is to clarify responsibility for removal of a floating or grounded bog that
creates a nuisance or hazard situation.
This policy supersedes any and all previously written or unwritten policies of the City regarding bogs.
The Public Works Department will review this policy periodically and will amend it as appropriate.
MINNESOTA DEPARTMENT OF NATURAL RESOURCES POLICY REFERENCE
The Minnesota Department of Natural Resources (DNR) advises that aquatic plants such as cattail,
bulrush, water lilies, and other aquatic vegetation are important because they reduce wave action
(thereby reducing the threat of shoreline erosion), provide fish and wildlife habitat, buffer shorelines
from pollutants, and provide other environmental benefits. Water plants are the primary producers in
the aquatic food chain and convert basic chemical nutrients in the water and soil into plant matter. This
becomes food for other life. The DNR encourages the use of aquatic vegetation to achieve these
environmental benefits.
FLOATING BOGS
When aquatic plants, such as cattail bogs, become dislodged from the shoreline, they can become a
navigational hazard, cause property damage if they collide with docks, or create the potential for
flooding if they settle in an area that impedes existing drainage areas.
Scott County’s Responsibility
The Scott County Sheriff’s Office is responsible for determining whether or not a floating bog presents a
navigational hazard and how to address the floating bog. If the Sheriff determines it is a navigational
hazard, the Sheriff will relocate the bog. If it is believed that a floating bog may be posing a navigational
hazard, contact the Scott County Sheriff’s Office at 952-496-8300.
DNR’s Responsibility
State law provides that the DNR is responsible for the following:
•Provide advice and permitting approval on bog disposition.
•Obtain funds from the state agency involved when a floating bog has become lodged on the
shoreline of state-owned lands.
•Remove any floating bogs lodged on state-owned dams or other DNR property.
The law further states that if a floating bog becomes grounded and “there is no evidence to identify the
responsible party or parties, the local government must assume responsibility.”
City of Prior Lake
Bog Policy 2
Public Property Owner’s Responsibility
Floating bogs that have become grounded on public property, including the Spring Lake weir which is
owned by Scott County, are the responsibility of the owner of the public property. The property owner
will determine what action to take, if any. The property owner is under no obligation to remove the bog
unless the bog is blocking water flow and causing flooding. Spring Lake Township, the City of Prior Lake,
and the Prior Lake-Spring Lake Watershed District will not dispose of or remove bogs on public property.
Private Property Owner’s Responsibility
When a floating bog has broken free from the shoreline by natural causes and becomes grounded
elsewhere on private property, including within the Spring Lake channel, the property owner where
the bog becomes grounded has several options to address the situation, including:
1. Let it be. Bogs provide multiple environmental benefits. They reduce wave action (thereby reducing
the threat of shoreline erosion), provide fish and wildlife habitat, buffer shorelines from pollutants, act
as filters that protect water quality, and provide other environmental benefits.
2. Obtain a permit, and remove the bog material. Removing floating bog material that is free-floating
or lodged in any area other than its place of origin requires a DNR Aquatic Plant Management (APM)
permit issued through the DNR Regional Fisheries Office where your shoreline property is located.
Minnesota Rules Chapter 6280 describes permit requirements relating to the removal of aquatic
vegetation. There is no fee for the permit. DNR policy also includes providing advice on bog
disposition if requested. Generally, bogs can be broken into smaller pieces and taken to a compost
facility, such as the Shakopee Mdewakanton Sioux Community’s Organics Recycling Facility
(www.smscorf.com/services). It is illegal to tow a bog from one property to another and doing so is
punishable by law.
Contact DNR for APM program and permit information: www.dnr.state.mn.us/apm/index.html
3. Obtain a permit (as outlined in 2. above) and hire an outside firm to remove the bog material. The
Prior Lake-Spring Lake Watershed District maintains a list of potential service providers. Visit
www.plslwd.org for more information.