New Stillwater ban on jumping from Lift Bridge goes only halfway

So, this much is clear: Thanks to a new ordinance passed by the Stillwater City Council, it's illegal to jump into the St. Croix River from the Lift Bridge — if you're on the Minnesota half of the historic span.

As for the Wisconsin half, it's been about as clear as a glass of river water.

Stillwater Mayor Ted Kozlowski told the Star Tribune shortly after the city passed its ordinance that the ban covered the entire bridge. But his police chief later said it doesn't because half the bridge is in Wisconsin.

The town on the other end of the bridge, tiny St. Joseph, Wis., said as late as Thursday that it has nothing to do with the ban. And a St. Croix County, Wis., official initially said the restriction should be up to Stillwater.

Meanwhile, a spokesman for the Minnesota Department of Transportation said he wasn't sure and would need to check with an official who was on vacation in Helsinki.

So who's right? Stillwater Police Chief Brian Mueller, with an assist from Stillwater City Attorney Kori Land. After a round of legal research this week, even the St. Croix County official now concurs with Mueller and Land that it's Wisconsin's job to pass an ordinance covering the bridge's eastern half.

That was news to St. Joseph Town Board Chair Theresa Johnson, who earlier in the week insisted the town had nothing to do with the bridge.

The Stillwater ordinance makes it a petty misdemeanor to jump from the Lift Bridge or any other span over public water in the city. Violators face a fine of up to $300. A spokesman for the state Department of Transportation (MnDOT), which owns and controls the bridge, said the agency requested the ordinance after a bridge tender saw some risky jumps this summer.

The bridge has drawn thrill seekers for generations, but it's never been safe. The river's depth changes frequently, and the river bottom can also shift, making it difficult to know where the water is deep enough. Swimmers also must contend with logs and other debris, in addition to boats passing underneath. High water sometimes obscures a concrete deck on the Stillwater side, posing another hazard.

St. Joseph's authority on the eastern half of the bridge might seem obvious, but the Lift Bridge and the land around it are controlled by myriad agreements and claims to authority by state, county and local governments. The bridge's pedestrian and bike trail also created confusion because it is maintained by Stillwater — even on the Wisconsin half — by agreement with St. Croix County and MnDOT.

Adding more mud to the water is the little-known fact that Stillwater owns 50 acres in Wisconsin on either side of the bridge's eastern end. Known as Kolliner Park, the spot was gifted to the city in 1917 by the East Side Lumber Co. Kozlowski mentioned the park when claiming the city's ordinance extended the length of the bridge.

Stillwater's ownership of the land was reaffirmed but with development restrictions by the mitigation agreement between St. Croix County and MnDOT for the new Highway 36 bridge, the St. Croix Crossing, just south of the city.

Land, the city attorney, confirmed that Stillwater owns Kolliner Park but jurisdictional issues would prevent the city from prosecuting anyone caught jumping on the bridge's eastern half.

"The state line goes down the middle of the river," she said. "Stillwater has to stop."

Adam Josephson, MnDOT's east area manager, said St. Croix County officials told him they plan to post a sign on the Wisconsin side of the bridge warning against jumping. He said he thought the Stillwater ordinance would address "the bulk of the issue."

Ellen Denzer, director of the community development office for St. Croix County, said she initially thought Stillwater could write an ordinance for the entire bridge. After all, she said, the city maintains the bike path. But this week Denzer said she's now convinced that any ordinance for the eastern half of the bridge would have to come from Wisconsin.

"Our legal counsel researched it and said, basically, if there's any authority to do anything it's with St. Joseph," she said.