2D, Lake Johanna Surface Use Regulations

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enacted by a county, city, or town for a period not more than five days without the commissioner's approval. The commissioner shall be notified,however, as soon as practicable during this five-day period. Subp. 10. Additional evidence. A government unit may submit additional evidence if it feels that variance from the afore-stated standards is necessary to best address a particular problem. The commissioner will review such evidence and shall grant a variance if there are circumstances peculiar to the body or bodies of water in question of such magnitude as to overshadow the goal of uniformity. Statutory Authority: M.S. § 361.25 6110.3800 ADMINISTRATIVE PROVISIONS. Subpart 1. Enforcement and penalties. Any government unit adopting ordinances pursuant to Minnesota Statutes, sections 378.32 and 459.20 shall provide for their enforcement and prescribe penalties for noncompliance. Rules established pursuant to Minnesota Statues, section 361.26 shall be enforced by conservation officers of the Department of Natural Resources and the sheriff of each county. Rules or ordinances shall contain a provision exempting authorized resource management, emergency,and enforcement personnel when acting in the performance of their assigned duties. They may also provide for temporary exemptions from controls through the use of permits issued by the unit of government adopting the ordinance or rule. Subp. 2. Commissioner's approval for proposed ordinances. Any governmental unit formulating ordinances or desiring amendments and deletions to existing ordinances shall submit the written statement required by these rules with the proposed ordinance to the commissioner pursuant to Minnesota Statutes, section 378.32 for his approval or disapproval. Determination of approval or disapproval shall be based upon the written statement and the compatibility of the ordinance with these rules. If the proposed ordinance is disapproved by the commissioner and a satisfactory compromise cannot be established,the governmental unit may initiate a contested case hearing to settle the matter. The commissioner shall notify the governmental unit in writing of his approval or disapproval of proposed ordinances within 120 days after receiving them pursuant to Minnesota Statutes, section 378.32. Failure to so notify shall be considered approval. Subp. 3. Public notice. Any governmental unit adopting ordinances shall provide for adequate notification of the public,which shall include placement of a sign at each public watercraft launching facility outlining essential elements of such ordinances,as well as the placement of necessary buoys and signs. All such signs and buoys shall meet requirements specified in Minnesota Statutes,section 361 and parts 6110.1500 to 6110.1900. The commissioner shall publish and update at his discretion a listing of watercraft use rules and ordinances on surface waters of the state for distribution to the public. Statutory Authority: M.S. §361.25