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-• 6 MCAR § 1.0220 Department of Natural Resources 6. The conduct of other activities on the water body where necessary to secure the safety of the public and the most general public use. E. Jurisdiction. 1. The commissioner shall exercise his discretion under Minn. Stat. § 361.26, subd. 2 to regulate a water body when so requested by a county, city, or town only when the water body a. is traversed by a state or international boundary; or b. is within the jurisdiction of two or more counties which cannot agree on the content of ordinances; and c. regulation is necessary to achieve the goals in 6 MCAR § 1..0220 C. 2. In alI other cases, water surface use regulation shall be by county, city, or town ordinance as specified in Minn. Stat. § § 378.32 and 459.20. If a body of water is located within the jurisdiction of two or more cities or towns which cannot agree on the content of ordinances, any such city. or town may petition the county in which they are Iocated to adopt an ordi- nance. F. Existing ordinances and rules. All existing ordinances and rules adopted on or after January 1, 1975 affecting water surface use shall be brought into compliance with these rules within a reasonable time period after promulga- tion of these rules. 6 MCAR § 1.0221 Assessment of conditions. A. Factors to consider. The commissioner or any governmental unit formulating, amending or deleting controls for surface water shall acquire and consider the following information, noting factors that are not relevant: 1. Physical characteristics. a. Size-normal surface acreage, if available, or the basin acreage listed in the Division of Waters Bulletin No. 25, "An Inventory of Minnesota Lakes." b. Crowding potential-expressed as a ratio of water surface area to length of shoreline. c. Bottom topography and water depth. d. Shore soils and bottom sediments. e. Aquatic flora and fauna. 2