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21 <br />MINNESOTA RULES 6115.0192 <br />B. the proposed development is part of a comprehensive port development plan that has <br />been approved by the commissioner; and <br />C. adverse effects of the proposed filling on the physical and biological character of the <br />area are subject to mitigation measures approved by the commissioner. <br />Subp. 6. Fish and wildlife habitat. Filling to restore or improve fish and wildlife habitat, <br />except for filling in designated trout streams, shall be permitted provided plans are submitted <br />showing the nature and degree of habitat to be benefited, and the project will not create other adverse <br />effects such as flooding, erosion, sedimentation, or navigational obstructions. <br />Subp. 7. Trout streams. Filling in trout streams officially designated by the commissioner is <br />allowed only if: <br />A. the amount, method of placement, and location of the fill will not result in increased <br />water temperatures, excessive sedimentation in the stream, or destruction of fish habitat; and <br />B. there is no other feasible or practical alternative other than filling. <br />Subp. 8. Other purposes. Filling for other purposes not specifically listed shall be subject to <br />the general standards in part 6115.0190, subparts 2 to 5, and submission of information to show <br />that: <br />A. the intended purpose of the fill is reasonable with respect to all other alternatives and <br />there are no feasible and practical means to attain the intended purpose without filling; and <br />B. the proposal will adequately protect public safety and promote the public welfare. <br />Statutory Authority: MS s 103G.315; 105.415 <br />History: 8 SR 533; 27 SR 529 <br />Published Electronically: October 8, 2013 <br />6115.0192 RELATIONSHIP TO STANDARDS AND CRITERIA FOR OTHER ACTIVITIES <br />INVOLVING CHANGES IN COURSE, CURRENT, OR CROSS-SECTION. <br />Unless otherwise specified in other parts, parts 6115.0190 and 6115.0191 shall apply to filling <br />proposed as part of any other activity or activities including but not limited to: excavations, parts <br />6115.0200 to 6115.0202; structures, parts 6115.0210 to 6115.0212; water level controls, parts <br />6115.0220 to 6115.0222; bridges and culverts, parts 6115.0230 to 6115.0232; drainage of public <br />waters, parts 6115.0270 to 6115.0272; and alterations of public waters for mining, part 6115.0280. <br />Statutory Authority: MS s 103 G. 315; 105.415 <br />History: 8 SR 533; 25 SR 143; 27 SR 529 <br />Published Electronically: October 8, 2013 <br />Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />