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CCP 06-11-2001
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CCP 06-11-2001
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Minnesota Statutes 2000, 86B.205 Page 1 of 3 <br /> Minnesota Statutes 2000, Table of Chapters ' <br /> contents for Chanter 86B <br /> Table of p <br /> 86B.205 Water surface use ordinance. <br /> Subdivision 1. Assistance. The commissioner shall <br /> develop and publish guidelines to assist counties adopting water <br /> surface use ordinances for waters within their jurisdiction. <br /> Subd. 2. Surface use ordinances. (a) A county board <br /> may, by ordinance, regulate the surface use of bodies of water <br /> located entirely or partially within the county and not located <br /> entirely within the boundary of a single city or lake <br /> conservation district established by law. <br /> (b) If a body of water is located within more than one <br /> county, a surface use ordinance is not effective until adopted <br /> by the county boards of all the counties where the body of water <br /> lies under section 471.59 or placed into effect by order of the <br /> commissioner under subdivision 9. <br /> (c) With the authorization of an affected city or lake <br /> conservation district, a county board may assume and exercise <br /> the powers in subdivisions 2 to 5 with respect to bodies of <br /> water lying entirely within that city or lake conservation <br /> district. The regulation by the county of the surface use of a <br /> portion of a body of water located within the boundary of a city <br /> must be consistent with any city regulation existing on May 25, <br /> 1973, of the surface use of that portion of the body of water. <br /> After January 1, 1975, the ordinance must be consistent with the <br /> provisions of this chapter and rules of the commissioner under <br /> this chapter.. <br /> Subd. 3. Prior ordinances invalid without approval. <br /> A surface use zoning ordinance adopted under subdivisions 2 to 5 <br /> by a local governmental unit after May 25, 1973, is invalid <br /> unless it is approved by the commissioner. <br /> Subd. 4 . Approval of ordinances. A proposed surface <br /> use zoning ordinance must be submitted to the commissioner for <br /> review and approval before adoption. The commissioner must <br /> approve or disapprove the proposed ordinance within 120 days <br /> after receiving it. If the commissioner disapproves the <br /> proposed ordinance, the commissioner must return it to the local <br /> governmental unit with a written statement of the reasons for <br /> disapproval. <br /> Subd. 5. County regulatory authority. A county board <br /> may: <br /> (1) regulate and police public beaches, public docks, and <br /> other public facilities for access to a body of water, except: <br /> (i) regulations are subject to subdivision 6; <br /> (ii) a county board may not regulate state accesses; and <br /> (iii) a municipality may by ordinance preempt the county <br /> from exercising power under this subdivision within its <br /> jurisdiction; <br /> http://www.revisor.leg.state.mn.us/stats/86B/205.html 6/6/01 <br />
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