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19 <br />MINNESOTA RULES 6115.0190 <br />(1) the sand or gravel layer does not exceed six inches in thickness, 50 feet in width <br />along the shoreline, or one-half the width of the lot, whichever is less, and does not extend more <br />than ten feet waterward of the ordinary high water level; <br />(2) the beach sand blanket does not cover emergent vegetation, unless authorized by <br />an aquatic plant management permit; and <br />(3) local watershed district and local zoning officials are given at least seven days notice <br />by the landowner; <br />B. for one additional installation of a sand or gravel layer subsequent to an initial installation <br />at the same location and not exceeding the same amounts and dimensions allowed under item A; <br />or <br />C. to place fill in a public watercourse having a total drainage area, at its mouth, of five <br />square miles or less, if the watercourse is not an officially designated trout stream and the placement <br />of fill does not result in: <br />(1) any diversions of water from the drainage area; <br />(2) any impoundment of waters by damming the watercourse; or <br />(3) any actions that would result in erosion and cause sedimentation of downstream <br />waters as determined by the county or local soil and water conservation district. <br />Subp. 5. Permits required. Permits are required for the placement of fill in public waters, <br />except as provided under subparts 3 and 4, and a project must meet all of the following requirements: <br />A. the project does not exceed more than a minimum encroachment, change, or damage to <br />the environment, particularly the ecology of the waters; <br />B. the fill consists of clean inorganic material that is free of pollutants and nutrients; <br />C. the existence of a stable, supporting foundation is established by appropriate means, <br />including soil boring data where deemed necessary by the commissioner; <br />D. where erosion protection is deemed necessary by the commissioner, the site conditions <br />and fill material are capable of being stabilized by an approved erosion control method such as <br />riprap, retaining wall, or other method which is consistent with existing land uses on the affected <br />public water; <br />E. the proposed project represents the minimal impact solution to a specific need with <br />respect to all other reasonable alternatives; <br />F. the size, shape, depths, shoreline, and bottom character and topography, and susceptibility <br />of the beds of public waters to actions of wind, waves, and currents are such that the fill will be <br />stable; <br />G. adverse effects on the physical or biological character of the waters are subject to feasible <br />and practical measures to mitigate the effects; <br />Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />