Agenda - Council Work Session - 02/23/2021

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59 MINNESOTA RULES 6115.0250 (3) where the state or federal government has become titleholder to any of the beds or shores of the public water wetlands, subsequent to the preparation of the public waters inventory maps on file with the auditor of the county and where the responsible state or federal agency declares that the water is necessary for purposes of public ownership. B. All other public waters work permit applications for proposed projects in public water wetlands shall be: (1) granted, with or without conditions, if authorized by parts 6115.0190 to 6115.0232 or 6115.0270 to 6115.0280 and if the permit application complies with provisions for sequencing under part 8420.0520, and replacement provisions under parts 8420.0522 to 8420.0544, 8420.0810, and 8420.0820, or denied; or (2) waived pursuant to item D. C. The following documents are incorporated by reference: (1) Classification of Wetlands and Deepwater Habitats of the United States, Lewis M. Cowardin et al., United States Department of the Interior, Fish and Wildlife Service (1979); and (2) Guidelines for Ordinary High Water Level (OHWL) Determinations, John Scherek and Glen Yakel, Minnesota Department of Natural Resources, Division of Waters (June 1993). These documents are available through the Minitex interlibrary loan system and are not subject to frequent change. D. Public waters work permits in public water wetlands: (1) notwithstanding parts 6115.0150 to 6115.0280, the authority of the commissioner to require a permit for activities within public water wetlands is waived to the local unit of government under chapter 8420 when the commissioner has received notice or application from the landowner or project sponsor and when the commissioner has provided the applicant or project sponsor and the local unit of government a notice within 15 days of receipt of the notice or permit application that the department will waive public waters work permit jurisdiction to the local unit of government; or (2) the commissioner shall not waive the requirement for a public waters work permit in a public water wetland for activities: (a) allowed under part 8420.0122, subparts 1 to 7 and 10; (b) in public water wetlands assigned a shoreland classification; (c) in public water wetlands classified as lacustrine wetland or deepwater habitats according to the document under item C; or (d) in public water wetlands where the state or federal government has become titleholder to any of the beds or shores of the public water wetlands, subsequent to the preparation of the public waters inventory maps on file with the auditor of the county and where the responsible state or federal agency declares that the water is necessary for purposes of public ownership. Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.