Agenda - Council Work Session - 02/23/2021

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6115.0190 MINNESOTA RULES 20 H. the proposed filling is consistent with applicable floodplain, shoreland, and wild and scenic rivers management standards and ordinances for the waters involved; and I. the proposed filling is consistent with water and related land management plans and programs of local and regional governments, provided such plans and programs are consistent with state plans and programs. Statutory Authority: MS s 103G.315; 105.415 History: 8 SR 533; 25 SR 143; 27 SR 529 Published Electronically: June 11, 2008 6115.0191 SPECIFIC STANDARDS; FILLING. Subpart 1. In general. In addition to compliance with the general standards in part 6115.0190, subparts 2 to 5, specific requirements for certain activities shall be met as follows. Subp. 2. [Repealed, 27 SR 529] Subp. 3. Navigational access. Filling to gain navigational access to waters shall be permitted only where access to navigable depths cannot be reasonably attained by utilizing a dock, the excavation of an offshore access channel, or other alternatives which would result in less environmental impact. Fill for navigational access shall not extend beyond the edge of open water, shall not exceed side slopes greater than 2:1 horizontal:vertical, shall not exceed a maximum width of 15 feet at the base of the fill, and shall not extend to a water depth greater than four feet. Subp. 4. Shoreline lost by erosion. Permits for filling to recover shoreland lost by erosion or other natural forces shall be granted if: A. the loss of shoreline is a threat to health and safety through the impending loss or damage to existing shoreline developments; or B. the loss of shoreline has occurred as a result of changes in water level or flow conditions caused by artificial manipulation of flows or levels of the waters involved within a period of not more than five years prior to the date when an application for filling is submitted. The requirements of items A and B do not preclude the issuance of permits to recover up to 400 square feet of eroded area or to place riprap materials or use other structural means for protection of the shoreline to prevent continuous erosion. Subp. 5. Port development or improvement. Filling necessary for port development or improvement is allowed only on those waters that are under the jurisdiction of established port authorities subject to the following: A. no filling is allowed to extend beyond the limits of federally established harbor lines, or when no harbor line has been established, beyond the maximum distance waterward which could be attained without obstructing navigational use of the waters; Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.