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Deep Lake Park construction limited after dispute over shoreline setback; county will seek DNR OHW determination
Summary
A disagreement among county staff about the ordinary high-water (OHW) delineation at Deep Lake Park put roughly 260 feet of planned parking and roadwork at issue while contractors were on site; the county decided to proceed only with work clearly outside the 150-foot setback, flag the contested area, request a DNR hydrologist determination of the OHW, and return later if a new variance is needed.
Hubbard County officials halted full construction of a planned parking and roadway area at Deep Lake Park after staff and consultants produced differing placements of the ordinary high-water (OHW) mark, raising the possibility that part of a 260-foot improvement falls inside the county's 150-foot shoreland setback.
County Administrator Jeff (first name used in the transcript) told the board that OHW on lakes without a published elevation is inherently interpretive and staff found two different plausible locations when staking the site during recent field checks. "The ordinary high-water mark on a lake that hasn't been set at a fixed elevation is subject to interpretation," he said, urging caution because contractor crews were already on site and state grant funds partially finance the project.
SRF engineering's wetland delineation originally used in the variance application suggested the parking area would fit within the setback; later staff checks placed stakes differently. County staff identified three options: apply for a wider variance (which would delay work and require public notice), pick the staff-determined OHW placement most favorable to proceeding and risk a later after-the-fact variance if DNR placement differs, or ask the Minnesota DNR area hydrologist to establish the OHW (the legally binding determination).
After discussion the board directed staff to limit construction to the area clearly outside the 150-foot setback, flag and fence the contested portion, work with SRF to restake project limits, and request a DNR hydrologist site visit to establish the OHW for future work. Staff said the picnic shelter and a portion of the parking area are staked outside the 150-foot line and can proceed; the contested portion's paving and additional parking will wait until the county has a DNR determination or applies for an amended variance.
Why it matters: The dispute highlights how differing field interpretations of shoreline markers can affect projects already under contract and funded by grants. County officials said stopping work inside the setback would avoid regulatory noncompliance and potential enforcement problems while preserving grant funding for the elements that can legally proceed.
Next steps: Staff will ask the DNR area hydrologist to determine the OHW, provide SRF's wetland-delineation report to the hydrologist for review, restake limits with SRF, and complete only the work fully outside the existing variance until a follow-up variance or DNR ruling resolves the contested area.
