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6115.0200 <br />MINNESOTA RULES 22 <br />6115.0200 EXCAVATION OF PUBLIC WATERS. <br />Subpart 1. Goals. It is the goal of the department to limit the excavation of materials from the <br />beds of public waters in order to: <br />A. preserve the natural character of public waters and their shorelands, in order to minimize <br />encroachment, change, or damage to the environment, particularly the ecosystem of the waters; <br />B. regulate the nature, degree, and purpose of excavations so that excavations will be <br />compatible with the capability of the waters to assimilate the excavation; and <br />C. control the deposition of materials excavated from public waters and protect and preserve <br />the waters and adjacent lands from sedimentation and other adverse physical and biological effects. <br />Subp. 2. Scope. Excavation as used in this part includes any activity that results in the <br />displacement or removal of bottom materials or the widening, deepening, straightening, realigning, <br />or extending of public waters. It may involve proposals for excavations landward or waterward <br />from the ordinary high water level. <br />Subp. 3. Prohibited excavation. Excavation is prohibited in the following cases: <br />A. where it is intended to gain access to navigable water depths when such access can be <br />reasonably attained by alternative means which would result in less environmental impact; <br />B. where inland excavation is intended to extend riparian rights to nonriparian lands, or to <br />promote the subdivision and development of nonriparian lands; <br />C. when the proposed excavation will be detrimental to significant fish and wildlife habitat <br />and there are no feasible, practical, or ecologically acceptable means to mitigate the effects; <br />D. when the proposed excavation will take threatened or endangered species listed in chapter <br />6134 without authorization by the commissioner according to parts 6212.1800 to 6212.2300; <br />E. where it is intended to provide fill materials for development purposes except as provided <br />under part 6115.0280; <br />F. where the excavation would not provide an effective solution to a problem because of <br />recurrent sedimentation and there are feasible and practical alternative solutions which do not <br />require excavation; <br />G. unless the excavation project includes provisions for acceptable disposal of excavated <br />materials as provided in these rules; or <br />H. where the excavation would cause increased seepage of water which would lower the <br />water level of public waters and result in subsurface drainage. <br />Subp. 4. No permit required. No permit for excavation is required for the following activities <br />unless prohibited in subpart 3: <br />Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />