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08-09-1995 Council Agenda
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08-09-1995 Council Agenda
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378.32 for his approval or disapproval. Determination of approval or disap- <br />proval shall be based upon the written statement and the compatibility of the <br />ordinance with these rules. If the proposed ordinance is disapproved by the com- <br />missioner and a satisfactory compromise cannot be established, the governmen- <br />tal unit may initiate a contested case hearing to settle the matter. <br />The commissioner shall notify the governmental unit in writing of his <br />approval or disapproval of proposed ordinances within 120 days after receiving <br />them pursuant to Minnesota Statutes, section 378.32. Failure to so notify shall <br />be considered approval. <br />Subp. 3. Public notice. Any governmental unit adopting ordinances shall pro- <br />vide for adequate notification of the public, which shall include placement of a <br />sign at each public watercraft launching facility outlining essential elements of <br />such ordinances, as well as the placement of necessary buoys and signs. All such <br />signs and buoys shall meet requirements specified in Minnesota Statutes, section <br />361 and parts 6110.1500 to 6110.1900. <br />The commissioner shall publish and update at his discretion a listing of <br />watercraft use rules and ordinances on surface waters of the state for distribution <br />to the public. <br />Statutory Authority: MS s 361.25 <br />CHAPTER 86B <br />REGULATION OF SURFACE WATER USE <br />86B.201 STATE LAW AND LOCAL ORDINANCE AUTHORITY. <br />Subdivision 1. Application of state law. The provisions of this chapter and of other <br />applicable laws of this state shall govern the operation, equipment, numbering, and all <br />other related matters for a watercraft operated on the waters of this state, or the time <br />when an activity regulated by this chapter may take place. <br />Subd. 2. Local authority to adopt ordinance. (a) This chapter does not limit the <br />authority of a political subdivision of this state to adopt regulations that are not incon- <br />sistent with this chapter and the rules of the commissioner relating to the use of waters <br />of this state that are wholly or partly within the territorial boundaries of a county or <br />entirely within the boundaries of a city. <br />(b) A city of the first class of over 200,000 or the park board of the city may forbid <br />the use of motorboats or boats with attached motors on its lakes. <br />History: 1990 c 391 art 9 s 9 <br />86B.205 WATER SURFACE USE ORDINANCE. <br />Subdivision 1. Assistance. The commissioner shall develop and publish guidelines <br />to assist counties adopting water surface use ordinances for waters within their jurisdic- <br />tion. • <br />Subd. 2. Surface use ordinances. (a) A county board may, by ordinance, regulate <br />the surface use of bodies of water located entirely or partially within the county and <br />not located entirely within the boundary of a single city or lake conservation district <br />established by law. <br />Page 44 <br />5. <br />
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