Agenda - Council - 09/22/1981 - Laserfiche WebLink

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I I I I I I I I I I I I I I I -3- In administering the Act the DNR limited the applicability of its shoreland management rules to bodies of water of certain sizes. Minn. Rule Cons 70-(d) and NR 82(d) provide that only the following bodies of water will be regulated: (a) In an incorporated area, a lake, pond or flowage 10 or more acres in Size; (b) In an unincorporated area, a lake, pond or flowage 25 or more acres in size; (c) In any area, a stream having a total drainage area of 2 or more square miles. The MPCA, in adopting Minn. Rule SW-6, followed the purposes of the Act in requiring the same setback distances contained in the Act for the location of a solid waste disposal facility in the vicinity of a lake, pond or flowage or in the vicinity of a stream. For the sake of consistency, the MPCA staff believes that it is reasonable to interpret the terms used in its criteria, which are ultimately based on the Act, in the same manner as the DNR has interpreted the terms as they are used in the Act. Pursuant to the Act, the DNR has also established an inventory of public waters which are regulated under the Act. The MPCA staff will rely on'DNR's inventory to identify those lakes, ponds, flowages and streams protected under Minn. Rule SW-6. The staff believes that this is reasonable because it is consistent with the overall administration of the Act. The source of the MPCA staff's interpretation of the term "wetland" is the definition of that term in Minn. Rule SW-l(39), which provides 2./: ~ Wetland. A natural marsh where water stands near, at or above the soil surface during a significant portion of most years, and which is eligible for classification as an inland fresh water wetland type 3, 4 or 5 under U.S. Department of Interior classifications. 2/ This definition comes into play at the time of permitting 'of a solid waste disposal facility under Minn. Rule ~-6(1)(d) (which forms the basis of criteria number 4 on the flowchart), which prohibits the location of the fill and trench areas of a sanitary landfill within wetlands.