Agenda - Council Work Session - 02/23/2021

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6115.0211 MINNESOTA RULES 38 F. the facility will not exceed more than a minimum encroachment, change, or damage to the environment, particularly the ecology of the waters; G. the facility will not take threatened or endangered species identified in chapter 6134 without authorization by the commissioner according to parts 6212.1800 to 6212.2300; H. the facility will not contain substances, if released into public waters, that would be detrimental to water quality or plant or animal life forms; and I. the construction, relocation, or reconstruction of privately owned structures shall be permitted only when a federal, state, or local governmental agency accepts responsibility for future maintenance of the facility or its removal in the event that the private owner fails to maintain or abandons the facility. Subp. 7. Other facilities. A permit is required for the construction, reconstruction, relocation, removal, repair, and abandonment of all other offshore structures, boat storage structures, cables other than utility crossings, pilings, or other structures not covered by specific regulations. A. Permits for structural repair, relocation, or modification, other than minor maintenance work such as reroofing, painting of structures, or similar work, shall be issued if all of the following conditions are met: (1) the applicant demonstrates a need for the work; (2) the cost of the work will not exceed 50 percent of the replacement cost of the structure; (3) the degree of permanence of the structure will not be materially increased by virtue of constructing a new foundation or replacing the majority of the structure above the foundation; (4) the structure being repaired has appropriate permits from the local land use or sanitary authority; and (5) the degree of obstruction or structure size is not increased. B. Permits for construction, relocation, or reconstruction of publicly owned structures shall be issued where: (1) public need is documented and outweighs adverse environmental impact; (2) the site is adequately protected from the forces of ice and wave pressures; and (3) the proposed construction is of sound design and is not necessarily obtrusive or visually incompatible with the natural surroundings. C. The construction, relocation, or reconstruction of privately owned structures, other than docks and mooring facilities, shall be permitted only when a governmental agency or local unit of governmental accepts responsibility for future maintenance of the structure or its removal. Subp. 8. Removal of structures. Where the commissioner has determined that a structure is no longer functional, constitutes a public nuisance or a hazard to navigation, or poses a threat to Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.