Agenda - Council Work Session - 02/23/2021

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6115.0250 MINNESOTA RULES 60 E. Notwithstanding parts 6115.0150 to 6115.0280, the authority of the commissioner to require a permit for public road activities that are associated with the repair, rehabilitation, reconstruction, or replacement of currently serviceable existing public roads is waived to the public road authority under chapter 8420: (1) for projects that affect less than 10,000 square feet of public water wetlands, upon receipt of a copy of the state, city, county, or town public road authority report that is submitted to the Board of Water and Soil Resources in compliance with part 8420.0544, item D, except for projects in public water wetlands: (a) assigned a shoreland classification; (b) classified as lacustrine wetland or deepwater habitats according to the document under item C, subitem (1); or (c) when 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 when the responsible state or federal agency declares that the water is necessary for purposes of public ownership; or (2) for projects that affect 10,000 square feet or more of public water wetlands, when the commissioner has provided the public road authority notice of the waiver within 15 days of receipt of a copy of the state, city, county, or town public road authority report that is submitted to the Board of Water and Soil Resources in compliance with part 8420.0544, item D, except for projects in public water wetlands: (a) assigned a shoreland classification; (b) classified as lacustrine wetlands or deepwater habitats according to the document under item C, subitem (1); or (c) when 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 when the responsible state or federal agency declares that the water is necessary for purposes of public ownership. Subp. 6. Wetland areas of public waters affected by public road permit projects. A. For purposes of this subpart, "wetland areas of public waters" means areas that are contiguous with the ordinary high water level and that generally exhibit emergent vegetation within: (1) public waterbasins; (2) public water wetlands assigned a shoreland classification; (3) public water wetlands classified as lacustrine wetlands or deepwater habitats according to the document under item C; or (4) 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 Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.