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6115.0216 <br />MINNESOTA RULES 44 <br />A. adequate engineering studies are performed to determine the suitability for use of any <br />of these types of erosion control projects, as determined by the department; <br />B. the project is not an aesthetic intrusion upon the area and is consistent with all applicable <br />local, state, and federal management plans, programs, and ordinances relating to the affected <br />waterbody; <br />C. encroachment below the ordinary high water level is limited to the minimum necessary <br />for the construction project; <br />D. when the project involves the removal of aquatic plants, a separate aquatic plant <br />management permit is obtained; <br />E. the project does not adversely impact native plants, trees, or animals; and <br />F. any retaining wall complies with requirements for structures under parts 6115.0210 and <br />6115.0211. <br />Subp. 5. Wave breaks. Grading, filling, or excavation to install rock, silt fence, or any other <br />material or device designed solely for the purpose of protecting native aquatic plants from wave <br />or current action during their establishment shall be approved if: <br />A. the materials do not obstruct navigation or the flow of water; <br />B. the project is done in conjunction with an issued aquatic plant management permit; and <br />C. temporary (less than two years) wave breaks are preferred over permanent structures, <br />which must also meet the requirements of parts 6115.0210 and 6115.0211. <br />Subp. 6. Other erosion control projects. Using a structure, material, fill, excavation, or other <br />technique that is not covered under subparts 2 to 5 and that is designed primarily to control erosion <br />of the shoreline zone or to restore the shoreline zone to a more natural condition or altering the <br />shoreline zone in any way that is not covered by specific regulations shall be approved if: <br />A. the intended purpose of the project is reasonable with respect to all other alternatives; <br />B. any method of erosion control that is not widely accepted as being effective is used only <br />as a temporary or experimental project, provided that the project sponsor must totally repair the <br />shoreline zone if the project proves to be unsuccessful within five years. A public entity must be a <br />cosponsor of the temporary or experimental project and accept responsibility for maintenance, <br />repair, and removal of the project; <br />C. the project complies with all other federal, state, and local regulations and ordinances; <br />and <br />D. the project adequately protects public safety and promotes the public welfare. <br />Subp. 7. Contaminated site restoration projects. Restoration of a site contaminated with <br />materials or water determined to be hazardous or toxic through a publicly funded study or site <br />cleanup process shall be approved if: <br />Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />