08-09-1995 Council Agenda - Laserfiche WebLink

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Subp. 6. Effective time. Controls must use one or more of the following time periods. A. sunrise to sunset or sunset to sunrise the following day; B. 9:00 a.m. to 6:00 p.m. or 6:00 p.m. to 9:00 a.m. the following day: C. noon to 6:00 p.m. or 6:00 p.m. to noon the following day: D. all 24 hours of the day. Controls must be in effect during one of the following calendar divisions: all year; Memorial Day weekend through Labor Day weekend; on all weekends and legal holidays occurring within Memorial Day weekend through Labor Day week- end. Controls governing the use of watercraft may be adopted which are placed into effect based upon specific water elevations. Subp. 7. Area zoning. Controls shall clearly specify which portion of the water body is affected by such controls. Area controls may be formulated concerning any of the subject matter cov- ered in the water surface management standards in subparts 2 to 9. Controls concerning a "Slow -No Wake" shall be established for the entire water body or portion thereof according to the following criteria: within 100 feet or 150 feet from the shore; or where watercraft speed or wake constitutes a hazard to persons, property, or the natural resources; or where it has been determined that such control(s) would enhance the recreational use and enjoyment of the majority of users. Subp. 8. Conduct of other activities on a body of water. Controls formulated by a governmental unit which restricts other activities (such as swimming or scuba diving) shall conform to part 6110.3200. Subp. 9. Emergencies. In situations of local emergency, temporary special controls may be enacted by a county, city, or town for a period not more than five days without the commissioner's approval. The commissioner shall be noti- fied, 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 rant 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 uni- formity. Statutory Authority: MS s 361.25 6110.3800 ADMINISTRATIVE PROVISIONS. Subpart 1. Enforcement and penalties. Any government unit adopting ordi- nances pursuant to Minnesota Statutes, sections 378.32 and 459.20 shall provide for their enforcement and prescribe penalties for noncompliance. Rules estab- lished pursuant to Minnesota Statutes, section 361.26 shall be enforced by con- servation 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 perfor- mance of their assigned duties. They may also provide for temporary exemptions from controls through the use of permits issued by the unit of government adopt- ing the ordinance or rule. Subp. 2. Commissioner's approval for proposed ordinances. Any governmen- tal 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 a Page 43