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6115.0210 <br />MINNESOTA RULES 34 <br />(4) the structure does not function as a water level control device. <br />Subp. 5. Permits required; criteria. Permits are required for the construction, reconstruction, <br />repair, or relocation of any structure or mooring facility on or in public waters, except as provided <br />under subparts 3 and 4, and a project must meet the following general criteria: <br />A. the proposed project must represent the minimal impact solution to a specific need with <br />respect to all other reasonable alternatives; <br />B. the project does not exceed more than a minimum encroachment, change, or damage to <br />the environment, particularly the ecology of the waters; <br />C. the proposed structure is consistent with applicable floodplain, shoreland, and wild and <br />scenic rivers management standards and ordinances for the waters involved; <br />D. adverse effects on the physical or biological character of the waters are subject to feasible <br />and practical measures to mitigate the effects; <br />E. the proposed structure is consistent with water and related land management plans and <br />programs of local and regional governments, provided these plans and programs are consistent with <br />state plans and programs; and <br />F. except for mooring facilities and boat ramps, all new structures have a title -registered <br />permit, unless a public agency or local governmental unit accepts responsibility for future <br />maintenance or removal. <br />Statutory Authority: MS s 103G.315; 105.415 <br />History: 8 SR 533; 25 SR 143; 27 SR 529 <br />Published Electronically: June 11, 2008 <br />6115.0211 SPECIFIC STANDARDS; STRUCTURES. <br />Subpart 1. In general. In addition to compliance with the general standards in part 6115.0210, <br />subparts 2 to 5, specific requirements shall apply to the activities described in subparts 3 to 8. <br />Subp. 2. [Repealed, 27 SR 529] <br />Subp. 3. Wharves. A permit is required for the construction or reconstruction of all wharves. <br />The following order of preference for construction types shall be utilized: bulkheaded shoreline, <br />inland slip with bulkheaded sidewalls, and wharf projecting into public waters. <br />Wharves shall be approved if the structure: <br />A. is part of a designated port facility; <br />B. is consistent with local land use plans and ordinances; <br />C. does not extend further waterward than any existing wharves in the area or beyond any <br />established harbor line, whichever is less; <br />Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />