Agenda - Council Work Session - 02/23/2021

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6115.0221 MINNESOTA RULES 48 ii. other reasonable or cost-effective alternatives are not available; iii. natural resource or hydrologic conditions exist in the watershed that would limit the potential for continuous discharge of excess waters from the lake; and iv. the outlet and discharge of excess waters is addressed in an approved water management plan under Minnesota Statutes, chapter 103B or 103D; and (c) the commissioner may issue a permit to restore the existing control elevation to a historic natural water elevation if detailed engineering surveys establish that the proposed control elevation does not exceed the estimated natural control elevation; (3) the project is sponsored by a governmental unit, which assumes responsibility for operation and future maintenance, except when: (a) the majority of the riparian owners sign the permit application; (b) appropriate easements or other property interests have been obtained from all affected owners; (c) a title -registration type permit is issued to the owner or owners of the property upon which the proposed water level control structure will be located; and (d) the structure will further public interests in navigation, propagation of fish or wildlife, or other beneficial public uses of the water; (4) justification has been made of the need in terms of public and private interests and the available alternatives, including the impact on receiving waters and public uses thereof, through a detailed hydrologic study; and (5) a detailed plan is developed for operation and control including: (a) manner and time of operation; (b) frequency of maintenance; (c) appropriate monitoring of water levels, water quality, and other factors; and (d) management of excess waters. B. In addition to the requirements of item A, subitem (2), unit (b), if the proposed control elevation is more than 1-1/2 feet below the ordinary high water level, the permit applicant must serve a copy of the application on each county and municipality within which any portion of the lake is located and the lake improvement district, if one exists. The commissioner must not issue a permit to establish a control elevation more than 1-1/2 feet below the ordinary high water level of a lake if a county, municipality, watershed district, or lake improvement district required to be served under this item or Minnesota Statutes, section 103G.301, subdivision 6, files a written objection to the issuance of the permit with the commissioner within 30 days after receiving a copy of the application. Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.