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139 <br />MINNESOTA RULES 6115.1530 <br />D. the department outlets water from state-owned lands into a public ditch from an <br />impoundment that is designed and used exclusively for wildlife management purposes; <br />E. timber production is improved by the project; or <br />F. wildlife habitat is improved by the project. <br />Subp. 4. Negative impacts. Negative impacts to state-owned lands occur when a drainage <br />project adversely affects the management of the land for its intended purposes. The following <br />criteria are evidence that a drainage project negatively impacts state-owned lands. The drainage <br />project: <br />A. degrades public waters, public waters wetlands, or wetlands on state-owned lands; <br />B. causes direct physical disturbance to rare species or significant natural communities <br />through project activities such as, but not limited to, ditching and depositing soils; <br />C. causes an alteration of the hydrology that disturbs rare species, natural communities, or <br />peatland features; <br />D. causes an alteration of the hydrology that degrades designated peatland scientific and <br />natural areas; <br />E. restricts management options for state-owned lands; or <br />F. results in the reduction or elimination of access to state-owned lands. <br />Statutory Authority: MS s 84A.55 <br />History: 32 SR 1697 <br />Published Electronically: June 11, 2008 <br />6115.1530 DETERMINING BENEFIT AND PARTICIPATION. <br />Subpart 1. Commissioner's determination. Following the investigation under part 6115.1520, <br />for all drainage projects except those classified as repairs, the commissioner must determine whether <br />the drainage project benefits state-owned lands and whether to participate in the project. In making <br />the determination, the commissioner shall evaluate state-owned lands, on a parcel -by -parcel basis, <br />with each parcel consisting of no more than 40 acres. A drainage project benefits a parcel of <br />state-owned land only when the investigation shows that the positive impacts outweigh the negative <br />impacts to that parcel of state-owned land. Where the commissioner determines that the project <br />results in a net benefit to state-owned lands, the commissioner shall participate in the project. Having <br />determined to participate, the commissioner shall authorize the imposition of assessments for the <br />project on the lands in any amounts the commissioner determines or may make lump sum <br />contributions to the county or other public funds established for the payment of the cost of the <br />project. The commissioner may also set conditions to modify the project before approving or joining <br />a petition. Before cooperating in a project by joining in the petition or consenting to or approving <br />it, the commissioner may identify conditions that must be satisfied or modifications that must be <br />Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />