Attorney recommends providing provisional dock permits for 2024 in Stutsman County

JAMESTOWN — The Stutsman County state’s attorney recommended providing provisional dock permits for 2024 if he is not able to get a definitive answer if the county is allowed to or not.

Fritz Fremgen told the Stutsman County Commission on Tuesday, Jan. 2, that he read the legal opinion from another attorney for reservoir dock permits and land use.

“I’ve only read it once. It’s about 10 pages,” he said. ” … You’re stuck and possibly you got a way out.”

The Stutsman County Park Board has been waiting for an opinion from the state’s attorney on whether or not the board is allowed to issue dock permits for residences east of Jamestown Reservoir. Another attorney researched language in the agreement with the Bureau of Reclamation to help the commission on making a decision on dock permits. Now, Fremgen must review the research and issue an opinion on the matter.

Fremgen said he also read the letter from Joseph Hall, area manager for the Bureau of Reclamation’s Dakotas Area Office, that was signed in March and sent to Stutsman County. The county had sent a letter to the Bureau of Reclamation seeking a written agreement that issuing seasonal private dock permits to adjacent landowners by the park board would not compromise any of the agreements or laws regarding the land transfer with the Reclamation.

“From their point of view you are stuck,” he said.

Hall’s letter said allowing seasonal private dock permits to adjacent landowners is not consistent with managing for public purposes as stated in a 111-page agreement between the Reclamation and the Stutsman County Park Board.

Fremgen said he wants to research what other jurisdictions are doing.

“I just looked at Walla Walla, Washington, and they mentioned dock permits, but … we’ve got some as well that are grandfathered in so it’s very complicated,” he said. “So it’s just something that’s gonna take some time. I’ve got some of the reading started and there’s plenty of reading to do.”

He said he asked the Bureau of Reclamation for any case law regarding the use of land that was transferred to Stutsman County.

Stutsman County is the owner and manager of the land between the shoreline and the homeowners’ property along the east side of Jamestown Reservoir. The Bureau of Reclamation is responsible for the operation of Jamestown Dam and Jamestown Reservoir and holds primary jurisdiction over the lands and water of the reservoir, according to Stutsman County’s 2023 seasonal boat dock permit.

In 2023, the park board agreed to issue dock permits that included stipulations that the docks may need to be removed if there is a negative comment from the attorney about the issue or has an opinion that the county is in violation of the deed restriction.

The current dock permits do not include a clause for the right of renewal.

The Stutsman County Commission unanimously approved declaring an emergency for the county for impacts of the recent ice storm in December.

Andrew Kirking, Stutsman County emergency manager and 911 coordinator, said the county needs to make sure it is open to as much aid as it can get by being covered by an emergency declaration.

The Jamestown City Council also unanimously approved on Tuesday, Jan. 2, an emergency declaration for the city.

On Friday, Dec. 29, Gov. Doug Burgum declared a statewide emergency for widespread utility infrastructure damage caused by a winter ice storm that left 20,000 North Dakotans without electricity.

The county commission unanimously approved a request to allow the North Dakota State University Extension Service to fill the family and community wellness position in Stutsman County.

Christina Masich, the current family and community wellness extension agent in Stutsman County, recently submitted her resignation. Her last day with the Stutsman County Extension is Jan. 19.

Masich said she accepted the position of coordinator of the Expanded Food and Nutrition Education and Family Nutrition programs with the NDSU Extension Service in Bismarck.

Dena Kemmet, Central District director for the NDSU Extension Service, said she needed formal action from the county commission to fill Masich’s position in Stutsman County. She said the base policy is that NDSU Extension Service has an agreement with the North Dakota Association of Counties to fund extension agent positions on a 50-50 extension-county split.

“Their fringe benefits are paid by NDSU,” she said. “That makes NDSU their employer of record.”

Masaki Ova joined The Jamestown Sun in August 2021 as a reporter. He grew up on a farm near Pingree, N.D. He majored in communications at the University of Jamestown, N.D.