(A) Jurisdiction. The provisions of this subchapter shall apply to the shorelands of the public water bodies as classified in § 155.144(A) of this subchapter. Pursuant to Minnesota Rules, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than ten acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this subchapter.
(B) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this subchapter and other applicable regulations.
(C) Enforcement. The Zoning Administrator is responsible for the administration and enforcement of this subchapter. Any violation of the provisions of this subchapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this subchapter can occur regardless of whether or not a permit is required for a regulated activity pursuant to § 155.143(A) of this subchapter.
(D) Interpretation. In their interpretation and application, the provisions of this subchapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
(E) Severability. If any division, clause, provision or portion of this subchapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this subchapter shall not be affected thereby.
(F) Abrogation and greater restrictions. It is not intended by this subchapter to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this subchapter imposes greater restrictions, the provisions of this subchapter shall prevail. All other ordinances inconsistent with this subchapter are hereby repealed to the extent of the inconsistency only.
(Ord. 808, passed 3-13-95)