JAMESTOWN — The Stutsman County Park Board is 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 is researching language in the agreement with the Bureau of Reclamation to help the commission on making a decision on dock permits. Stutsman County State’s Attorney Fritz Fremgen will then review the research and issue an opinion on the matter.

Rep. Mitch Ostlie, R-Jamestown, told the commission in May that Reclamation told him that it does not own the land or set the rules.

The park board received a letter from the Bureau of Reclamation that said docks that have been permitted are in violation of the easements that have been placed on the property by Reclamation, The Jamestown Sun reported in March.

The park board had sent a letter to the Bureau of Reclamation to make sure its land use management policies are in line with Reclamation’s guidelines. The park board is seeking an agreement with the Bureau of Reclamation that issuing seasonal dock permits to adjacent landowners does not compromise any of the agreements about a land transfer from the Reclamation to Stutsman County.

Because the park board is not sure if it is allowed to issue dock permits for the residences, the park board took no action on June 20 on a request from Nic Spenningsby for land use and a dock permit for a commercial business east of Jamestown Reservoir. The park board also took no action on a request from Ashly Wolsky for a land use permit for a commercial business.

Spenningsby plans to open a water sport business on 1 acre of land in front of his house by the 5-mile corner. He said he is looking to get a dock and boat lift.

“I’m asking for the proper form to fill out to run the business from my house,” he said.

Wolsky was seeking permission to run a commercial business from her home for kayak rentals, ice, gasoline and bait.

Spenningsby said he reached out to Reclamation for a use authorization application.

“Their response was we have nothing to do with this anymore,” he said. “I’ve got to get it (permission) from you guys.”

Spenningsby was seeking permission from the park board to run a business that falls under commercial guiding or sporting events under Part 429.3 of the Code of Federal Regulations.

“I’m asking for commercial use that falls under the same section of leasing lands that you guys are in charge of,” he said.

Part 429.3 says possession or occupancy of Reclamation land, facilities or water bodies requires a use authorization in accordance with this part. Commercial guiding and outfitting and commercial or organized sporting events are typical uses or activities, among others, on Reclamation land, facilities or water bodies regulated by part 429.3.

Commissioner Steve Cichos said he wasn’t sure if a private dock that’s called a commercial dock would fit under Part 429.3 of the Code of Federal Regulations.

“I don’t know if we can meet bureau requirements again because it has to be open to the public doesn’t it,” he said. He also said he was unsure if one single dock and a permit are a public benefit.

Spenningsby said attorney Larry Kropp was hired to review documents on whether or not the park board is allowed to issue land use and dock permits.

“His opinion is that you guys are the managing partner in that contract,” he said. “There is a section in there that says the managing partners have the control to issue permits.”

Stutsman County Commission Chair Mark Klose said the park board is waiting for an opinion from the state’s attorney before the board can issue any permits. He also said a concessionaire’s contract might be needed for the two businesses.

Cichos said allowing a commercial business might come down to the township’s zoning ordinance.

“That doesn’t even come to us,” he said. “It may not even make it to us because if your township doesn’t allow it, it’s done.”

Commissioner Joan Morris said if the state’s attorney says the commission can’t issue dock permits, the next step is to reach out to Sen. John Hoeven, R-N.D., and tell him a federal agency is preventing the commission from doing something it wants to do.

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.