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6110.3400 JURISDICTION OF COMMISSIONER.
<br />The commissioner shall exercise his discretion under Minnesota Statutes.
<br />section 361.26, subdivision 2 to regulate a water body when so requested by a
<br />county, city, or town only when the water body:
<br />A. is traversed by a state or international boundary; or
<br />B. is within the jurisdiction of two or more counties which cannot agree
<br />on the content of 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
<br />town ordinance as specified in Minnesota Statutes, sections 378.32 and 459.20.
<br />If a body of water is located within the jurisdiction of two or more cities or towns
<br />which cannot agree on the content of ordinances, any such city or town may peti-
<br />tion the county in which they are located to adopt an ordinance.
<br />Statutory Authority: MS s 361.25
<br />6110.3500 EXISTING ORDINANCES AND RULES.
<br />All existing ordinances and rules adopted on or after January I. 1975 affect-
<br />ing water surface use shall be brought into compliance with parts 6110.3000 to
<br />6110.4200 within a reasonable time period after promulgation of these parts.
<br />Statutory Authority: MS s 361.25
<br />6110.3600 ASSESSMENT OF CONDITIONS.
<br />Subpart 1. Factors to consider. The commissioner of any governmental unit
<br />formulating, amending, or deleting controls for surface waters shall acquire and
<br />consider the following information, noting factors that are not relevant:
<br />A. Physical characteristics:
<br />(1) size: normal surface acreage, if available, or the basin acreage
<br />listed in the Division of Waters Bulletin No. 25, An Inventory of Minnesota
<br />Lakes;
<br />(2) crowding potential: expressed as a ratio of water surface area to
<br />length of 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
<br />currents, inlets, and large water level fluctuations; for rivers and streams, velocity
<br />and water level fluctuations;
<br />(7) natural and artificial obstructions or hazards to navigation,
<br />including but not limited to points, bars, rocks, stumps, weed beds, docks, piers,
<br />dams, diving platforms, and buoys; and
<br />(8) regional relationship: the locations and the level of recreational
<br />use of other water bodies in the area.
<br />B. Existing development:
<br />(1) Private: to include number, location, and occupancy character-
<br />istics of permanent homes, seasonal homes, apartments, planned unit develop-
<br />ments, resorts, marinas, campgrounds, and other residential, commercial, and
<br />industrial uses.
<br />(2) Public: to include type, location, size, facilities, and parking
<br />capacity of parks, beaches, and watercraft launching facilities.
<br />C. Ownership of shoreland: to include the location and managing gov-
<br />ernmental unit of shoreline in federal, state, county, or city ownership as well as
<br />private, semipublic, or corporate lands.
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