Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Policy.
It is essential to regulate utility transmission crossings of
lands within the jurisdiction of the local authority within wild, scenic, or
recreational river land use districts in order to provide maximum protection
and preservation of the natural environment and to minimize any adverse effects
which may result from such utility crossings. These standards and criteria
provide a basic framework of environmental considerations concerning such a
proposed crossing. The considerations deal with route design, structure design,
construction methods, safety considerations, and right-of-way
maintenance.
Subp. 2.
Applicant requirements.
For each environmental consideration listed in these
standards and criteria, the applicant shall indicate how the applicant is
satisfying the consideration, where applicable, or if not, why not. In dealing
with route design considerations the applicant must, where applicable, also
supply data on relevant site conditions. The local authority shall issue a
conditional use permit if the applicant shows that the applicant has satisfied,
to the extent feasible, these environmental considerations.
In general, avoid wild, scenic, and recreational river land
use districts, especially wild river land use districts, whenever practicable.
But if there is no feasible alternative, the following standards and criteria
shall apply.
Subp. 3.
Route design.
Route design:
A.
With regard to topography:
(1) avoid steep
slopes;
(2) avoid scenic intrusions
into stream valleys and open exposures of water;
(3) avoid scenic intrusions by avoiding ridge
crests and high points;
(4) avoid
creating tunnel vistas by, for example, building deflections into the route or
using acceptable screening techniques.
B. With regard to location, avoid entering
areas within 200 feet of wild, scenic, and recreational rivers and avoid
entering areas within 100 feet of designated tributaries with wild, scenic, or
recreational river land use districts except where the utility has been
authorized by the commissioner to cross wild, scenic, or recreational rivers or
tributaries within their land use districts.
C. With regard to vegetation:
(1) avoid wetlands;
(2) run along fringe of forests rather than
through them, but if it is necessary to route through forests, then utilize
open areas in order to minimize destruction of commercial forest
resources.
D. With
regard to soil characteristics:
(1) avoid
soils whose high susceptibility to erosion would create sedimentation and
pollution problems during and after construction;
(2) avoid areas of plastic soils which would
be subject to extensive slippage;
(3) avoid areas with high water tables,
especially if construction requires excavation.
E. With regard to crossing of public waters,
utility crossings of public waters requires a permit from the commissioner
pursuant to Minnesota Statutes, section
84.415
or
103G.245.
F. With regard to open space recreation
areas, avoid them whenever practicable.
Subp. 4.
Structure design.
Structure design:
A.
With regard to locating the utility overhead or underground, primary
considerations must be given to underground placement in order to minimize
visual impact. If the proposal is for overhead placement, the applicant shall
explain the economic, technological, or land characteristic factors, which make
underground placement infeasible. Economic considerations alone shall not be
the major determinant.
If overhead placement is necessary, the crossing should be
hidden from view as much as practicable.
B. With regard to the appearance of the
structures, they shall be made as compatible as practicable with the natural
area with regard to height and width, materials used, and color.
C. With regard to the width of the
right-of-way, the cleared portion of the right-of-way should be kept to a
minimum.
Subp. 5.
Construction methods.
Construction methods:
A. Construct across wetlands in the winter in
order to minimize damage to vegetation, and in order to prevent erosion and
sedimentation.
B. Construct at
times when local fish and wildlife are not spawning or nesting.
C. Effective erosion and sedimentation
control programs shall be conducted during all clearing, construction, or
reconstruction operations in order to prevent the degradation of the river and
adjacent lands.
Subp. 6.
Safety considerations.
Applicants must adhere to applicable federal and state safety
regulations, both with regard to prevention (such as safety valves and circuit
breakers) and with regard to emergency procedures in the event of failure (fire
suppression, oil spill cleanup).
Subp.
7.
Right-of-way maintenance.
A. If possible, natural vegetation of value
to fish or wildlife, and which does not pose a hazard to or restrict reasonable
use of the utility, shall be allowed to grow in the right-of-way.
B. Where vegetation has been removed, new
vegetation consisting of native grasses, herbs, shrubs, and trees, should be
planted and maintained on the rights-of-way.
C. Chemical control of vegetation is
discouraged. But where such methods are justified, chemicals used and the
manner of their use must be in accordance with rules and other requirements of
all state and federal agencies with authority over the use.
D. The management plan may identify areas
suitable for utility corridors.
Statutory Authority: MS s 104.34;
103F.321
