Agenda - Council Work Session - 02/23/2021

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53 MINNESOTA RULES 6115.0231 Subp. 5. Permits required. Permits are required for the construction or reconstruction of any bridge, culvert, intake, outfall, or other crossing of public waters, except as provided in subparts 3 and 4, and a project must meet the following general criteria: A. the project must not exceed more than a minimum encroachment, change, or damage to the environment, particularly the ecology of the waters; B. adverse effects on the physical or biological character of the waters are subject to feasible and practical measures to mitigate the effects; C. the proposed crossing is consistent with applicable floodplain, shoreland, and wild and scenic rivers management standards and ordinances for the waters involved; D. the proposed crossing is consistent with water and related land management plans and programs of local and regional governments, provided such plans and programs are consistent with state plans and programs; and E. crossings of public waterbasins or public water wetlands are allowed only when there is no feasible and practical alternative that does not require filling, excavating, or the placement of a structure in public waters. Statutory Authority: MS s 103 G. 315; 105.415 History: 8 SR 533; 25 SR 143; 27 SR 529; L 2010 c 361 art 4 s 82 Published Electronically: July 23, 2010 6115.0231 SPECIFIC STANDARDS; BRIDGES, CULVERTS, INTAKES, AND OUTFALLS. Subpart 1. Specific requirements. In addition to the general standards in part 6115.0230, subparts 2 to 5, specific requirements for bridges, culverts, intakes, outfalls, and other crossings of public waters shall be met according to this part. Subp. 2. Bridges, culverts, and other crossings. The construction, reconstruction, or relocation of all bridges, culverts, or other crossings over public waters shall be approved if all of the following criteria are met: A. the hydraulic capacity of the structure is established by a competent technical study. The sizing shall not be based solely on the size of existing upstream and downstream structures. If a state or federal floodplain information study exists for the area, or a United States Geological Survey gaging station is located nearby on the stream, the hydraulics of the proposed bridge/culvert design must be consistent with these data. The department may waive this requirement if: (1) the department has performed a hydraulic study based upon available information and reasonable assumptions; (2) the department has made a field investigation of the project site; and (3) the project will not cause flood -related damages or problems for upstream or downstream interests; Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.