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

(b)  The department shall adopt rules governingthe use of land within the boundaries of the conservation district that areconsistent with the conservation of necessary forest growth, the conservationand development of land and natural resources adequate for present and futureneeds, and the conservation and preservation of open space areas for public useand 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 accordancewith a zoning rule.

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

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

(e)  Whenever any landowner or governmentagency whose property will be directly affected makes an application to changethe boundaries or land uses of any zone, or to establish a zone with certainland uses, or where the department proposes to make the change or changesitself, the change or changes shall be put in the form of a proposed rule bythe applicant and the department shall then give public notice thereof duringthree successive weeks statewide and in the county in which the property islocated.  The notice shall be given not less than thirty days prior to the dateset for the hearing, and shall state the time and place of the hearing and thechanges proposed.  Any proposed rules and the necessary maps shall be made availablefor inspection by interested members of the public.  The hearing shall be heldin the county in which the land is located and may be delegated to an agent orrepresentative of the board as may otherwise be provided by law and inaccordance with rules adopted by the board.  For the purpose of its publichearing or hearings, the board may summon witnesses, administer oaths, andrequire the giving of testimony. [L 1994, c 270, pt of §1; am L 1998, c 2, §49]