2D, Lake Johanna Surface Use Regulations

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RELEVANT WATER SURFACE USE STATUTES CHAPTER 86B 86B.201 STATE LAW AND LOCAL ORDINANCE AUTHORITY. Subdivision 1. Application of state law. The provisions of this chapter and of other applicable laws of this state shall govern the operation,equipment,numbering, and all other related matters for a watercraft operated on the waters of this state,or the time when an activity regulated by this chapter may take place. Subd. 2. Local authority to adopt ordinance. (a)This chapter does not limit the authority of a political subdivision of this state to adopt regulations that are not inconsistent with this chapter and the rules of the commissioner relating to the use of waters of this state that are wholly or partly within the territorial boundaries of a county or entirely within the boundaries of a city. (b)A city of the first class of over 200,000 or the park board of the city may forbid the use of motorboats or boats with attached motors on its lakes. Subd. 3. Nonmotorized carry-on access. A person may access any public waters through public land with a hand-carried nonmotorized watercraft. HIST.• 1990 c 391 art 9 s 9; 1997 c 226 s 11 86B.205 WATER SURFACE USE ORDINANCE. Subdivision 1. Assistance. The commissioner shall develop and publish guidelines to assist counties adopting water surface use ordinances for waters within their jurisdiction. Subd. 2. Surface use ordinances. (a)A county board may,by ordinance,regulate the surface use of bodies of water located entirely or partially within the county and not located entirely within the boundary of a single city or lake conservation district established by law. (b)If a body of water is located within more than one county,a surface use ordinance is not effective until adopted by the county boards of all the counties where the body of water lies under section 471.59 or placed into effect by order of the commissioner under subdivision 9. (c)With the authorization of an affected city or lake conservation district, a county board may assume and exercise the powers in subdivisions 2 to 5 with respect to bodies of water lying entirely within that city or lake conservation district. The regulation by the county of the surface use of a portion of a body of water located within the boundary of a city must be consistent with any city regulation existing on May 25, 1973,of the surface use of that portion of the body of water. After January 1, 1975, the ordinance must be consistent with the provisions of this chapter and rules of the commissioner under this chapter. Subd. 3. Prior ordinances invalid without approval. A surface use zoning ordinance adopted under subdivisions 2 to 5 by a local governmental unit after May 25, 1973, is invalid unless it is approved by the commissioner. Subd.4. Approval of ordinances. A proposed surface use zoning ordinance must be submitted to the commissioner for review and approval before adoption. The commissioner must approve or disapprove the proposed ordinance within 120 days after receiving it. If the commissioner disapproves the proposed ordinance,the commissioner must return it to the local governmental unit with a written statement of the reasons for disapproval. Subd. 5. County regulatory authority. A county board may: (1)regulate and police public beaches,public docks, and other public facilities for access to a body of water, except: (i)regulations are subject to subdivision 6; (ii)a county board may not regulate state accesses; and (iii)a municipality may by ordinance preempt the county from exercising power under this