Agenda - Council Work Session - 02/23/2021

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6115.0250 MINNESOTA RULES 58 Subp. 1 a. Effect on environment and mitigation. The commissioner may not issue a permit that causes pollution, impairment, or destruction of the air, water, land, or other natural resources so long as there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare. If the commissioner determines that a major change in public waters is justified and can be authorized by parts 6115.0190, subpart 5; 6115.0200, subpart 5; 6115.0210, subpart 5; 6115.0215, subpart 5; 6115.0220, subpart 5; 6115.0230, subpart 5; 6115.0270, subpart 4; or 6115.0280, subpart 4, the permit must include provisions to compensate for the detrimental aspects of the change. Compensation for the identified detrimental aspects of the permitted project include: A. restoring degraded or impacted public waters having equal or greater public value; B. creating or restoring additional replacement water areas having equal or greater public value; or C. any other measures approved by the commissioner that compensates for the detrimental aspects of the change. Subp. 2. Coordination with other agencies. Nothing in these standards is intended to supersede or rescind the laws, rules, regulations, standards, and criteria of other federal, state, regional, or local governmental subdivisions with the authority to regulate work in the beds or on the shorelands of public waters. The issuance of a permit shall not confer upon an applicant the approval of any other unit of government for the proposed project. The department shall coordinate the review with other units of government having jurisdiction in such matters. Subp. 3. Procedure upon decision. The commissioner may grant permits, with or without conditions, or deny them. In all cases, the applicant, the managers of the watershed district, the board of supervisors of the soil and water conservation district, or the mayor of the city may demand a hearing in the manner specified in Minnesota Statutes, section 103G.311, within 30 days after receiving mailed notice outlining the reasons for denying or modifying an application. Any hearing shall be conducted as a contested case hearing before an administrative law judge from the independent Office of Administrative Hearings according to Minnesota Statutes, chapter 14 and section 103G.311. Subp. 4. General permits. The commissioner is authorized to issue general permits to a governmental subdivision or to the general public for classes of activities having minimal impact on public waters under which more than one activity may be conducted with a single permit. Subp. 5. Public water wetland permit processing. A. Public waters work permit applications submitted to the commissioner for proposed projects in public water wetlands shall be granted if authorized by parts 6115.0190 to 6115.0232 or parts 6115.0270 to 6115.0280 and if the public water wetland is: (1) assigned a shoreland classification; (2) classified as lacustrine wetland or deepwater habitats according to the document under item C; or Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.