Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Factors to consider.
The commissioner of any governmental unit formulating,
amending, or deleting controls for surface waters shall acquire and consider
the following information, noting factors that are not relevant:
A. Physical characteristics:
(1) size: normal surface acreage, if
available, or the basin acreage listed in the Division of Waters Bulletin No.
25, An Inventory of Minnesota Lakes;
(2) crowding potential: expressed as a ratio
of water surface area to length of shoreline;
(3) bottom topography and water
depth;
(4) shore soils and bottom
sediments;
(5) aquatic flora and
fauna;
(6) water circulation: for
lakes, the existence and locations of strong currents, inlets, and large water
level fluctuations; for rivers and streams, velocity and water level
fluctuations;
(7) natural and
artificial obstructions or hazards to navigation, including but not limited to
points, bars, rocks, stumps, weed beds, docks, piers, dams, diving platforms,
and buoys; and
(8) regional
relationship: the locations and the level of recreational use of other water
bodies in the area.
B.
Existing development:
(1) Private: to include
number, location, and occupancy characteristics of permanent homes, seasonal
homes, apartments, planned unit developments, resorts, marinas, campgrounds,
and other residential, commercial, and industrial uses.
(2) Public: to include type, location, size,
facilities, and parking capacity of parks, beaches, and watercraft launching
facilities.
C. Ownership
of shoreland: to include the location and managing governmental unit of
shoreline in federal, state, county, or city ownership as well as private,
semipublic, or corporate lands.
D.
Public regulations and management: to include federal, state, or local
regulations and management plans and activities having direct effects on
watercraft use of surface waters.
E. History of accidents which have occurred
on the surface waters.
F.
Watercraft use: to include information obtained in the morning, afternoon, and
evening on at least one weekday and one weekend day, concerning the number and
types of watercraft in each of the following categories: kept or used by
riparians, rented by or gaining access through resorts or marinas, using each
public watercraft launching facility, in use on the waterbody.
G. Conflict perception and control
preferences: to include opinions gained by surveys or through public meetings
or hearings of riparians, transients, local residents, and the public at
large.
Subp. 2.
Written statement.
Any governmental unit formulating, amending, or deleting
controls for surface waters shall submit to the commissioner the
following:
A. the information
requested in subpart 1, portrayed on a map to the extent reasonable;
B. a statement evaluating whether the
information reveals significant conflicts and explaining why the particular
controls proposed were selected;
C.
the proposed ordinance; and
D. a
description of public hearings held concerning the proposed controls, including
an account of the statement of each person testifying.
Subp. 3.
Commissioner review and
approval.
The commissioner shall require the ordinance proposer to
provide additional information of the kind described in subpart 1 when needed
in order to make an informed decision. The commissioner shall approve the
ordinance if it conforms with these rules.
