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Draft Rules <br />agency or the local government; <br />(6) forest management activities sponsored and approved <br />by a resource agency or the local government and <br />pursuant to the forestry use standards in part <br />6106.0090; and <br />(7) aviation safety facilities. <br />F. In areas cleared of vegetation under item E, subitems (3) and <br />(4), vegetation in a natural state must be reestablished, either <br />by allowing regeneration naturally or with plantings subject to <br />a restoration plan approved by a resource agency or the local <br />government. <br />Subp. 2. Compliance; restoration. Reestablishment of vegetation in <br />natural state according to items A to C is required upon failure to <br />comply with subpart 1. <br />A. The local government must require a restoration plan that <br />includes planting comparable species, composition, density, <br />and diversity of vegetation in a natural state in the same area. <br />All aspects of the plan must be maintained in perpetuity, and <br />loss of plantings must be replaced in kind. <br />B. Open areas or lawns resulting from violations must be left <br />unmowed or uncut and restored with vegetation in a natural <br />state in the same area. <br />C. The local government must issue a certificate of compliance <br />after it has determined that the restoration requirements of <br />items A and B have been satisfied. <br />Subp. 3. Education. In cooperation with the commissioner and other <br />resource agencies, local governments must implement an incentive, <br />marketing, or educational program to encourage property owners to <br />protect or restore vegetation in a natural state within the areas <br />identified in subpart 1. <br />PART 6106.0140 LAND ALTERATION AND STORM WATER MANAGEMENT <br />Subpart 1. Compliance with other plans and programs. All <br />development must: <br />A. be consistent with Minnesota Statutes, chapter 103B, and <br />local water management plans completed under chapter <br />8410; <br />37 <br />Commentary <br />a This subpart describes compliance and <br />corrective measures when there is a <br />vegetation violation. This section was <br />requested by local governments. <br />This subpart describes requirements for <br />encouraging better vegetation management <br />practices. <br />There is concern with the practicality of <br />this type of requirement in rule. Greater <br />clarity around what constitutes an <br />incentive, marketing or educational <br />program would be needed to determine <br />whether the requirements have been met. <br />This part describes measures to protect water <br />quality of the Mississippi River and its <br />tributaries. It recognizes and relies on existing <br />federal, state, and local regulations as key <br />elements in addressing water quality. <br />This subpart lists relevant statutes and rules <br />regulating water protection activities. <br />6106.0140 i <br />