Understanding Riparian Rights in Minnesota: Your Practical Guide for Waterfront Property Owners

Daniel Gustafson is widely regarded as one of Minnesota's foremost experts on land use and water rights, particularly riparian rights, having studied the subject extensively for over two years. In 2013, Dan purchased a narrow strip of land on Medicine Lake in Plymouth, MN, with the intent to build a dock and park his boat. For several years, both the City of Plymouth and local neighbors improperly attempted to block his right to build the dock, despite his clear entitlement. Dan studied the issue and ultimately prevailed, installing the dock and winning the battle.

If you have questions about riparian rights in Minnesota, reasonable use, or are encountering pushback from municipalities, government agencies, or neighbors trying to limit your ability to build a dock or wharf, Dan may be able to assist. With his expertise, he can help navigate these complex issues. Reach out to Dan at (952) 473-1000 to discuss—while he’s not an attorney and doesn't offer legal advice, he can connect you with some of the top legal professionals in the state if necessary.

Dan’s extensive experience stems not only from his practical battles but also from his deep understanding of Minnesota water law. In 2014, his dispute with the City of Plymouth was featured on the front page of the Star Tribune and covered by local TV stations. The city misunderstood riparian and water rights, incorrectly assuming they were governed by land use rules, when in this instance, these rights fall under federal jurisdiction due to the interstate commerce nature of Medicine Lake and Bassett Creek. The dividing line, according to federal regulations and state statutes (103G.005, Subd. 14), is the Ordinary High Water Level (OHWL). Land use regulations apply above the OHWL, while water regulations apply below it.

In 2004, the Minnesota Court of Appeals addressed a similar issue in LMCD v. Canning, affirming that while local authorities have the right to regulate docks, they cannot prohibit them. Dan’s neighbors had multiple opportunities to purchase the lakeshore before he did, but only after his acquisition did they attempt to use City Hall and taxpayer resources to block his right to use the land, citing aesthetic concerns—a battle that, under state law, could not stand.

Riparian rights in Minnesota are well-settled, and whether you’re dealing with Lake Minnetonka or other navigable waters, Dan is happy to share his expertise in helping you buy or sell. If you or someone you know is having trouble installing a dock or facing restrictions on their riparian rights, don't hesitate to reach out.

Dan is not an attorney, but his extensive experience in this field makes him a valuable resource for anyone navigating riparian rights purchases, sales or issues. Dan also buys riparian rights of all kinds from owners who would like to sell. Call (952) 473-1000