|
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 RULES.
<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 but 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 regulations 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 watercraft 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 launching 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
<br />
|