§183C-4  Zoning; amendments.  (a)  The
department, after notice and hearing as provided in this section, shall review
and redefine the boundaries of the zones within the conservation district.



(b)  The department shall adopt rules governing
the use of land within the boundaries of the conservation district that are
consistent with the conservation of necessary forest growth, the conservation
and development of land and natural resources adequate for present and future
needs, and the conservation and preservation of open space areas for public use
and enjoyment.  No use except a nonconforming use as defined in section 183C-5,
shall be made within the conservation district unless the use is in accordance
with a zoning rule.



(c)  The department may allow a temporary
variance from zoned use where good cause is shown and where the proposed
temporary variance is for a use determined by the department to be in
accordance with good conservation practices.



(d)  The department shall establish zones
within the conservation district, which shall be restricted to certain uses. 
The department, by rules, may specify the land uses permitted therein which may
include, but are not limited to, farming, flower gardening, operation of
nurseries or orchards, growth of commercial timber, grazing, recreational or
hunting pursuits, or residential use.  The rules may control the extent,
manner, and times of the uses, and may specifically prohibit unlimited cutting
of forest growth, soil mining, or other activities detrimental to good
conservation practices.



(e)  Whenever any landowner or government
agency whose property will be directly affected makes an application to change
the boundaries or land uses of any zone, or to establish a zone with certain
land uses, or where the department proposes to make the change or changes
itself, the change or changes shall be put in the form of a proposed rule by
the applicant and the department shall then give public notice thereof during
three successive weeks statewide and in the county in which the property is
located.  The notice shall be given not less than thirty days prior to the date
set for the hearing, and shall state the time and place of the hearing and the
changes proposed.  Any proposed rules and the necessary maps shall be made available
for inspection by interested members of the public.  The hearing shall be held
in the county in which the land is located and may be delegated to an agent or
representative of the board as may otherwise be provided by law and in
accordance with rules adopted by the board.  For the purpose of its public
hearing or hearings, the board may summon witnesses, administer oaths, and
require the giving of testimony. [L 1994, c 270, pt of §1; am L 1998, c 2, §49]