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Old 08-19-2010, 03:10 PM   #26
Onshore
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This side track could be a whole other thread... I'm sorry that I can't make Forum fest yet again this year (working Timberman) because it really wouldn't be a bad to be able to sit down and bat the issues around a bit.

Does the riparian owner have a reasonable right to maintain a dock within the public trust during the winter, after ice-in? If during the boating season the site conditions are such that only permanent structures would safely secure watercraft, then yes. There are certain boating needs and the owner can't reasonably be expected to remove and re-install pilings annually if a piling pier is what the owner needs during the boating season. If a seasonal pier would suffice to hold their boat during the boating season, then it would seem unreasonable to impact the public use of the area by maintaining a structure in the public trust after ice-in.
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