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A listing agent named Sonja is marketing a cabin property on a Natural Environment Lake in Minnesota. The seller wants to build a small storage shed 80 feet from the ordinary high water level (OHW) before closing. Sonja knows this may be an issue. Under Minnesota DNR shoreland regulations, which of the following is the most accurate statement about this proposed construction?

Correct Answer

D) The construction likely violates shoreland regulations because Natural Environment Lakes require a minimum 150-foot structure setback from the OHW.

Under Minnesota DNR shoreland regulations (Minn. Rules Ch. 6120), Natural Environment Lakes have the most restrictive setback requirements due to their undeveloped, sensitive character. The minimum structure setback from the OHW for a Natural Environment Lake is 150 feet. A shed proposed at 80 feet from the OHW would violate this standard, and the seller would need either to abandon the plan or seek a variance from the local government unit.

Answer Options
A
The construction is permitted because 80 feet exceeds the 50-foot minimum setback applicable to all Minnesota lake classifications.
B
The construction is permitted because accessory structures such as sheds are exempt from shoreland setback requirements under Minnesota law.
C
The construction requires only a county variance because Natural Environment Lakes have a 75-foot minimum setback from the OHW.
D
The construction likely violates shoreland regulations because Natural Environment Lakes require a minimum 150-foot structure setback from the OHW.

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Related Topics & Key Terms

Key Terms:

natural_environment_lakeshoreland_setbackOHWDNR_classificationstructure_setback150_feet

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