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6115.0215 <br />MINNESOTA RULES 40 <br />natural or native conditions of a public water and its shoreline or banks. This part does not apply <br />to restoration orders issued by the commissioner consistent with part 6115.0255. <br />Subp. 3. Prohibited work. Public waters alteration, protection, or restoration work is prohibited <br />when the work: <br />A. is detrimental to significant fish and wildlife habitat and there are no feasible, practical, <br />or ecologically acceptable means to mitigate the effects; <br />B. takes threatened or endangered species listed in chapter 6134 without authorization by <br />the commissioner according to parts 6212.1800 to 6212.2300; <br />C. obstructs navigation or creates a water safety hazard, as determined by the commissioner; <br />D. violates the regulations of any local zoning authority or water management agency; <br />E. results in the creation of land above the ordinary high water level that is not deemed <br />essential by the commissioner as part of the project; <br />F. uses materials that are not clean and free of pollutants, nutrients, and exotic species <br />sources; <br />G. manipulates water levels solely to satisfy private interests; or <br />H. will adversely impact public infrastructure, particularly roads and drainage systems. <br />Subp. 4. No permit required. No permit is required for the following activities, unless <br />prohibited elsewhere in parts 6115.0150 to 6115.0280: <br />A. to perform bank or shoreline zone restoration work using willow wattles, willow posts, <br />brush mattressing, brush layering, fiber roll breakwaters, plant carpets, root wads, and other natural <br />materials installed by hand for the purpose of shoreline zone restoration work, if: <br />(1) the project is approved by the commissioner and designed or reviewed by the local <br />soil and water conservation district or the local watershed district; <br />(2) the design does not interfere with navigation or other riparian uses of the waterbody; <br />(3) the project is done during times of the year when it will not interfere with fish <br />spawning or the nesting of protected bird species; <br />(4) local origin native plant species, adapted for the site, are used; <br />(5) an aquatic plant management permit is obtained, when aquatic macrophytes are <br />(6) the waterward encroachment is the minimum necessary for the purpose of the project; <br />(7) a maintenance plan is developed for the project and a copy submitted for review to <br />the department area fisheries office; <br />used; <br />and <br />Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />