Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Policy.
It is essential to regulate the construction of new public
roads and reconstruction of existing public roads within wild, scenic, and
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 development. These standards and criteria provide a
basic framework of environmental considerations concerning such proposed road
construction. The considerations deal with route design, construction methods,
safety considerations, right-of-way maintenance, and waysides.
Subp. 2.
Applicant's
requirement.
For each environmental consideration listed below, 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 intrusion
into stream valleys and open exposures of water; and
(3) avoid scenic intrusion by avoiding ridge
crests and high points.
B. With regard to location, avoid new public
road construction within 200 feet of wild, scenic, and recreational rivers and
avoid new public road construction within 100 feet of designated tributaries
within wild, scenic, or recreational river land use districts, except where a
crossing of a wild, scenic, or recreational river has been authorized by the
commissioner.
C. With regard to
vegetation:
(1) avoid wetlands; and
(2) run along fringes 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.
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;
and
(3) avoid areas with high water
tables, especially if construction requires excavation.
E. With regard to crossing of public waters,
a permit from the commissioner is required for a road or railroad crossing, or
reconstruction, removal, or abandonment of any existing road or railroad
crossing, of a public water.
F.
With regard to open space recreation areas, avoid them whenever
practicable.
Subp. 4.
Construction methods.
Construction methods:
A. Construct new roads so they rest as
lightly on the land as feasible, avoiding cuts and fills so as to blend into
the natural terrain so that it appears to be a part of the natural
landscape.
B. Reconstruction of an
existing public road or railroad should be performed in a manner that would
minimize any adverse effect on the natural beauty and environment of the
river.
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 its adjacent lands.
D. Construct across wetlands in a manner
which minimizes damage to vegetation, and in a manner preventing erosion and
sedimentation.
E. Construct at
times when local fish and wildlife are not spawning or nesting.
Subp. 5.
Safety
considerations.
Applicants must adhere to applicable federal and state safety
regulations with regard to new road construction or reconstruction of an
existing road.
Subp. 6.
Right-of-way maintenance.
A. If
possible, natural vegetation of value to fish or wildlife, and which does not
pose a safety hazard, shall be allowed to grow in the roadside
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 roadside
right-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, regulations,
and other requirements of all state and federal agencies with authority over
their use.
Subp. 7.
Highway waysides.
Highway waysides shall be designed in such a manner so as to
harmonize with the surroundings.
Statutory Authority: MS s
104.34
