PRECA 04-06-1988 - Laserfiche WebLink

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6 MCAR § 1.0222 Department of Natural Resources G. 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 6 MCAR § 1.0220 C. H. Emergencies. In situations of local emergency, temporary special con- trols maybe enacted by a county,-city or town for a period of not. more than five days without the commissioner's approval. The commissioner shall be notified, however, as soon as practicable during this five day period. I. A government unit may submit additional evidence if it feels that vari- ance from the afore stated standards is necessary to best address a particular problem. The commissioner will review such evidence and shall grant a vari- ance if there are circumstances peculiar to the body or bodies of water in question of such magnitude as to overshadow the goal of uniformity: 6 MCAR § 1.0223 Administrative provisions. A. Enforcement and penalties. 1. Any government unit adopting ordinances pursuant to Minn. Stat. § § 378.32 and 459.20 shall provide for their enforcement and prescribe penalties for non-compliance. Rules established pursuant to Minn. Stat. § 361.26 shall be enforced by conservation officers of the Department of Natural Resources and the sheriff of each county. 2. Rules or ordinances shall contain a provision exempting authorized resource management, emergency and enforcement personnel when acting in the performance of their assigned duties. They may also provide for tem- porary exemptions from controls through the use of permits issued by the unit of government adopting the ordinance or rule. B. Commissioner's approval. 1. Any governmental unit formulating ordinances or desiring amend- ments and deletions to existing ordinances shall submit the written statement required by these rules with the proposed ordinance to the commissioner pursuant to Minn. Stat. § 378.32 for his approval or disapproval. Determina- tion of approval or disapproval shall be based upon the written statement and the compatibility of the ordinance with these rules. If the proposed ordinance is disapproved by the commissioner and a satisfactory compromise cannot be established, the governmental unit may initiate a contested case hearing to settle the matter. 2. The commissioner shall notify the governmental unit in writing of his approval or disapproval of proposed ordinances within 120 days after receiving them pursuant to Minn. Stat. § 378.32. Failure to so notify shall be considered approval.. C. Notification. 6