08-09-1995 Council Agenda - Laserfiche WebLink

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(b) If a body of water is located within more than one county, a surface use ordi- nance 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 commis- sioner 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 com- missioner must approve or disapprove the proposed ordinance within 120 days after receiving it. If the commissioner disapproves the proposed ordinance, the commis- sioner must return it to the local governmental unit with a written statement of the rea- sons 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 subdivision within its jurisdiction; (2) regulate the construction, configuration, size, location, and maintenance of commercial marinas and their related facilities including parking areas and sanitary facilities in a manner consistent with other state law and the rules of the commissioner of natural resources, the pollution control agency, and the commissioner of health, and with the applicable municipal building codes and zoning ordinances where the marinas are located; (3) regulate the construction, installation, and maintenance of permanent and temporary docks and moorings in a manner consistent with state and federal law, per- mits required under chapter 1030, and sections 86B.111 and 86B.115; (4) except as provided in subdivision 6, regulate the type and size of watercraft allowed to use the body of water and set access fees; (5) subject to subdivision 6, limit the types and horsepower of motors used on the body of water, (6) limit the use of the body of water at various times and the use of various parts of the body of water; (7) regulate the speed of watercraft on the body of water and the conduct of other activities on the body of water to secure the safety of the public and the most general public use; and • (8) contract with other law enforcement agencies to police the body of water and its shore. Page 45