1. If an area made subject to institutional controls involves two or more property owners and an area larger than either one city block or ten acres [4.05 hectares], the department and the political subdivision having zoning authority over the property may agree to institutional controls relating to the identified area impacted by the release or threatened release. Before the institutional controls become effective, the controls must be the subject of a public hearing and be established in the same manner as zoning regulations are established by that political subdivision. The political subdivision shall provide all notices under this subdivision, but any public hearing must be held jointly by the political subdivision and the department. 2. The department shall consider the factors in subsection 2 of section 23.1-10-15 before agreeing to institutional controls under this section. 3. Institutional controls may be terminated or amended at any time by written agreement between the department and the relevant political subdivision.
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