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<br />ordinances; and
<br />C. regulation is necessary to achieve the goals in part 6110.3200.
<br />In all other cases, water surface use regulation shall be by county, city, or town ordinance as
<br />specified in Minnesota Statutes, sections 378.32 and 459.20. If a body of water is located within the
<br />jurisdiction of two or more cities or towns which cannot agree on the content of ordinances, any such city
<br />or town may petition the county in which they are located to adopt an ordinance.
<br />Statutory Authority: M.S. § 361.25
<br />6110.3500 EXISTING ORDINANCES AND RiJLE5.
<br />All existing ordinances and rules adopted on or after January 1, 1975 affecting water surface use
<br />shall be brought into compliance with parts 6110.3000 to 6110.4200 within a reasonable time period after
<br />promulgation of these parts.
<br />Statutory Authority: M.S. § 361.25
<br />6110.3600 ASSESSMENT OF CONDITIONS.
<br />Subpart 1. Factors to consider. The commissioner of any governmental unit formulating,
<br />amending, or deleting controls for surface waters shall acquire and consider the following information,
<br />noting factors that are not relevant:
<br />A. Physical characteristics:
<br />(1) size: normal surface acreage, if available, or the basin acreage listed in the
<br />Division of Waters Bulletin No. 25, An Inventory of Minnesota Lakes;
<br />(2) crowding potential: expressed as a ratio of water surface area to length of
<br />shoreline;
<br />(3) bottom topography and water depth;
<br />(4) shore soils and bottom sediments;
<br />(5) aquatic flora and fauna; ,
<br />(6) water circulation: for lakes, the existence and locations of strong currents;
<br />inlets, and large water level fluctuations; for rivers and streams, velocity and water level fluctuations;
<br />(7) natural and artificial obstructions or hazards to navigation, including b.ut not
<br />limited to points, bars, rocks, stumps, weed beds, docks, piers, dams, diving platforms, and buoys; and
<br />(8) regional relationship: the locations and the level of recreational use of other
<br />water bodies in the area.
<br />B. Existing development:
<br />(1) Private: to include number, location, and occupancy characteristics of
<br />permanent homes, seasonal homes, apartments, planned unit developments, resorts, marinas,
<br />campgrounds, and other residential, commercial, and industrial uses.
<br />(2) Public: to include type, location, size, facilities, and parking capacity of
<br />parks, beaches, and watercraft launching facilities.
<br />C. Ownership of shoreland: to include the location and managing governmental unit of
<br />shoreline in federal, state, county, or city ownership as well as private, semipublic, or corporate lands.
<br />D. Public regixlations and management: to include federal, state, or local regulations and
<br />management plans and activities having direct effects on watercraft use of surface waters.
<br />E. History of accidents which have occurred on the surface waters.
<br />F. Watercraft use: to include information obtained in the morning, afternoon, and
<br />evening on at least one weekday and one weekend day, concerning the number and types of watercraf� in
<br />each of the following categories: kept or used by riparians, rented by or gaining access through resorts or
<br />marinas, using each public watercraft launcliing facility, in use on the waterbody.
<br />G. Conflict perception and control preferences: to include opinions gained by surveys or
<br />through public meetings or hearings of riparians, transients, local residents, and the public at large.
<br />Subp. 2. Written statement. Any governmental unit formulating, amending, or deleting controls
<br />for surface waters shall submit to the commissioner the following:
<br />A. the information requested in subpart 1, portrayed on a map to the extent reasonable;
<br />B. a statement evaluating whether the information reveals significant conflicts and
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