Agenda - Council Work Session - 02/23/2021

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61 MINNESOTA RULES 6115.0250 water 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. Public waters work permit applications submitted by a public road authority to the commissioner for proposed projects in wetland areas of public waters shall be granted if authorized by parts 6115.0190 to 6115.0232 or 6115.0270 to 6115.0280. C. The classification of lacustrine wetlands and deepwater habitats found in 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) is incorporated by reference. This document is available through the Minitex interlibrary loan system and is not subject to frequent change. D. Notwithstanding parts 6115.0150 to 6115.0280, the authority of the commissioner to require a permit for public road activities in, on, or over wetland areas of public waters according to the document under item C is waived for: (1) all activities authorized by the local government unit under chapter 8420 when the commissioner has received notice or application from the public road authority and when the commissioner has notified the public road authority and the local unit of government of the waiver within 15 working days of receipt of the notice or application; or (2) activities authorized by the public road authority having jurisdiction under chapter 8420 for public road activities that are associated with the repair, rehabilitation, reconstruction, or replacement of currently serviceable existing public roads when the commissioner has notified the public road authority of the waiver within 15 working 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. Subp. 7. Written agreements with local government units. A. For projects affecting both public waters and wetlands, the local government may, by written agreement with the commissioner, waive the requirement for a replacement plan or a no -loss or exemption determination if a public waters work permit is required and the commissioner includes provisions of Minnesota Statutes, sections 103A.201, 103B.3355, 103G.222, and 103G.2372, and rules adopted thereunder, in the public waters work permit. B. The written agreement may be done on a project -by -project basis when: (1) the agreement identifies the parties having authority to make the agreement and the proposed project subject to the agreement; (2) the commissioner requires an individual public waters work permit for the proposed project; (3) the majority of the proposed project impacts on public waters and wetlands are to public waters; Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.