Title
AN ORDINANCE AMENDING CHAPTER 35 OF THE DULUTH CITY CODE TO REGULATE PRIVATE EGRESS ACROSS THE MARTEN TRAIL
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Article V of Chapter 35 of the Duluth city code, 1959, as amended, is added as follows:
Article V. Private access across publicly owned property.
Sec. 35-35. Definitions.
For purposes of this Article only, the following words and phrases shall have the meaning hereafter ascribed to by this Section:
(a) Applicant. The fee owner of record of real property eligible to apply for and who completes an application for a permit under this Article.
(b) Designated area. Those areas along the Marten Trail established as such in accordance with the provisions of this Article.
(c) Egress. Pedestrian-only access across publicly owned property, including parks and trails.
(d) Marten Trail. The designated public trail system known as the "Waabizheshikana: The Marten Trail."
Sec. 35-36. Purpose.
The purpose of this Article is to protect publicly owned property including park and trails, and shoreland resources located thereon, by regulating private access across the Marten Trail, the shoreland of the Saint Louis River estuary, or both, for placement of docks in public waters. This section is intended to prevent permanent or incremental encroachment upon publicly owned property, ensure consistency with the city shoreland regulations, and establish permit standards, enforcement authority, and restoration requirements.
Sec. 35-37. Permit required.
No person shall establish, construct, maintain, improve, alter, expand, or use a trail, pathway, or access route across publicly owned land along the Marten Trail, the shoreland of the Saint Louis River estuary, or both, for the purpose of placing a dock in public waters or removing therefrom, without first obtaining a valid permit issued under this Article. The city council may, by resolution, desi...
Click here for full text