Agenda - Planning Commission - 02/02/2017

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09/22/16 REVISOR CKM/IL AR4240 45.1 D. avoid primary conservation areas, unless no alternative exists. If no 45.2 alternative exists, then disturbance to primary conservation areas must be avoided to the 45.3 greatest extent practicable, and design and construction must minimize impacts; and 45.4 E. minimize disturbance of spawning and nesting times by scheduling 45.5 construction at times when local fish and wildlife are not spawning or nesting. 45.6 Subp. 4. Right-of-way maintenance standards. Right-of-way maintenance for 45.7 public facilities is subject to the following standards: 45.8 45.9 feasible; A. vegetation currently in a natural state must be maintained to the extent 45.10 B. where vegetation in a natural state has been removed, native plants must be 45.11 planted and maintained on the right-of-way; and 45.12 C. chemical control of vegetation must be avoided when practicable, but when 45.13 chemical control is necessary, chemicals used must be in accordance with the rules, 45.14 regulations, and other requirements of all state and federal agencies with authority over 45.15 the chemical's use. 45.16 Subp. 5. Crossings of public water or public land. Crossings of public waters 45.17 or land controlled by the commissioner are subject to approval by the commissioner 45.18 according to Minnesota Statutes, sections 84.415 and 103G.245. The commissioner must 45.19 give primary consideration to crossings that are proposed to be located within or adjoining 45.20 existing rights -of -way for public transportation and public utilities. 45.21 Subp. 6. Public utilities. Public utilities must, at a minimum, comply with the 45.22 following standards: 45.23 A. high -voltage transmission lines, wind energy conversion systems greater 45.24 than five megawatts, and pipelines are regulated according to Minnesota Statutes, chapters 45.25 216E, 216F, and 216G, respectively; and 6106.0130 45