Agenda - Council Work Session - 02/23/2021

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29 MINNESOTA RULES 6115.0201 these lots. The harbor shall be appropriately sized, consistent with the number of watercraft to be served. For residential and commercial planned unit developments, the number of mooring spaces to be permitted shall be consistent with part 6120.3 800. Public inland harbor projects must be justified by: (a) a public need for the proposed inland harbor established by local governmental resolution specifying public interests to be enhanced; (b) the harbor shall be appropriately sized consistent with the demand for mooring facilities in the area and the number of watercraft to be served; (c) the harbor shall be available for use by the general public; and (d) the harbor may extend more than 200 feet inland provided the plans minimize the total length by which the public water is proposed to be extended in keeping with the number of watercraft to be served and the topography. Subp. 6. Excavations for fish and wildlife habitat improvement. Excavation to restore or improve fish and wildlife habitat require plans showing the nature and degree of habitat to be benefited, and information showing that the project will not create other adverse effects such as flooding, erosion, sedimentation, or navigational obstructions. Excavations in trout streams officially designated by the commissioner shall be allowed only if: A. the amount, method, and location of the excavation will not result in increased water temperatures, cause excessive sedimentation in the stream, or destruction of fish habitat; and B. there is no other feasible or practical alternative other than excavation. Subp. 7. Excavations in public watercourses. Except as noted in part 6115.0200, subpart 4, a permit shall be required for any excavation in a public watercourse and shall be subject to the following specific requirements in addition to the general requirements of part 6115.0200, subparts 2 to 5: A. The watercourse capacity shall be sufficient to adequately convey normal runoff. B. The watercourse bottom gradients shall be such that normal low flow velocities are nonerosive and the sideslopes shall be graded such that bank slumping is not a hazard. Where excavation will result in excessive bank erosion, energy dissipation structures, channel and bank protection, or other engineering measures shall be required. C. The outlet shall be adequate in that it: (1) sufficiently conveys the discharge waters from the area proposed for excavation; (2) does not produce substantial increases in downstream overbank flooding; and (3) does not produce downstream erosion hazards as a result of the watercourse excavation. Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.