Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
In general.
In addition to compliance with the general standards in part
6115.0210, subparts 2 to 5, specific requirements shall apply to the activities
described in subparts 3 to 8.
Subp.
2. [Repealed, 27 SR 529]
Subp.
3.
Wharves.
A permit is required for the construction or reconstruction
of all wharves. The following order of preference for construction types shall
be utilized: bulkheaded shoreline, inland slip with bulkheaded sidewalls, and
wharf projecting into public waters.
Wharves shall be approved if the structure:
A. is part of a designated port
facility;
B. is consistent with
local land use plans and ordinances;
C. does not extend further waterward than any
existing wharves in the area or beyond any established harbor line, whichever
is less;
D. is of the minimum
practicable size; and
E. is not an
obstruction to flood flows or longshore drift and is adequately designed to
resist the natural forces of ice, wind, and wave.
Subp. 4.
Breakwaters.
A permit is required for the construction or reconstruction
of all offshore breakwaters. These structures shall be approved if the
following general conditions and the additional listed specific conditions are
met:
A. alternative dock or inland
facilities are infeasible;
B. the
structure is limited to those waters where:
(1) prevalent wind, wave, or current
conditions along the shoreline are of a magnitude and frequency that preclude
the use and maintenance of docks to moor watercraft. Determinations of
magnitude and frequency that would inhibit the use of docks is based on
supporting facts including:
(a) the character
of the water involved and its shoreline in relation to exposure to severe wind,
wave, or current actions and the configuration and area of the water;
(b) the frequency of occurrence of storms
producing severe winds and waves based on climatological data for the area;
and
(c) the average number of days
during each month of the navigational season when the shoreline is affected by
severe wind, waves, or currents; and
(2) the conditions of the site and the
number, type, or size of watercraft intended to be moored would preclude the
development and use of on-land facilities, such as rollers, winch and track
systems, sliderails, or other facilities that could be used to haul watercraft
out of the water for on-land storage;
C. the facility is adequate in relation to
appropriate engineering factors, including but not limited to those listed in
part 6115.0201, subpart 5, item E, subitem (2), units (f) to (n);
D. the plan is adequate in relation to the
geologic and hydrologic factors listed in part 6115.0201, subpart 5, item E,
subitem (2), units (a) to (e);
E.
the structure is designed in a compact fashion so as to blend in with the
surrounding shoreline and so that all mooring and maneuvering activities can be
normally confined to an area bounded by the property lines as extended into the
public waters while minimizing the surface area occupied in relation to the
number of watercraft to be served; and
F. the breakwaters do not exceed the minimum
thickness necessary to withstand the anticipated forces consistent with
maintenance requirements and are faced with an adequate layer of natural rock
riprap of appropriate size and gradation.
Subp. 4a.
Mooring facilities.
Except as provided in part 6115.0210, subpart 4, item A, a
permit is required for the construction of all offshore mooring facilities. A
mooring facility shall be approved if the following general conditions and the
additional listed specific criteria are met:
A. the mooring facility is designed in a
compact fashion so as to blend in with the surrounding shoreline and so that
all mooring and maneuvering activities can be normally confined to an area
bounded by the property lines as extended into public waters while minimizing
the surface area occupied in relation to the number of watercraft to be
served;
B. the mooring facility
minimizes encroachment waterward of the ordinary high water level;
C. for docks or mooring facilities more than
eight feet in width, the applicant provides reasonable justification that the
proposed width represents the minimal impact solution to a specific need with
respect to all reasonable alternatives; and
D. offshore mooring facilities shall be
approved, subject to the listed specific conditions:
(1) private offshore mooring facilities not
serving as marinas, if the mooring facility is consistent with or allowed under
local land use controls, as determined by the local government land use
authority;
(2) public offshore
mooring facilities not serving as marinas, if:
(a) a local unit of government passes a
resolution that specifies the public interests to be benefited by the
proposal;
(b) the mooring facility
is appropriately sized consistent with the demand for mooring facilities in the
area and the number of watercraft to be served; and
(c) the mooring facility is available for use
by the general public; and
(3) offshore marinas, if:
(a) the area is zoned for such use or the
local government land use authority grants a land use permit; and
(b) the marina is sized consistent with the
demand for mooring facilities in the area and the number of watercraft to be
served.
Subp.
5.
Retaining walls and erosion and sedimentation control
structures.
A permit is required for the construction or reconstruction
of all retaining walls and erosion and sedimentation control structures that do
not impound water. The construction of retaining walls is discouraged because
their appearance is generally not consistent with the natural environment and
their construction and maintenance cost is generally greater than
riprap.
The issuance of permits is contingent on the following
conditions:
A. existing or expected
erosion problems preclude the use of riprap shore protection, there is a
demonstrated need for direct shoreland docking, or the design is consistent
with existing uses in the area. Examples are: riverfront commercial-industrial
areas having existing structures of this nature, dense residential shoreland
areas where similar retaining walls are common, resorts where floating docks
may be attached to such a bulkhead, or where barges are utilized to transport
equipment and supplies;
B. adequate
engineering studies are performed of foundation conditions, tiebacks, internal
drainage, construction materials, and protection against flanking;
C. the facility is not an aesthetic intrusion
upon the area and is consistent with all applicable local, state, and federal
management plans and programs for the water body; and
D. encroachment below the ordinary high water
level is held to the absolute minimum necessary for construction.
Subp. 6.
Boat launching
ramp.
A permit is required for the construction or reconstruction
of any boat launching ramp not covered under part 6115.0210, subpart 4, item B,
and shall be granted if:
A. the
applicant demonstrates a need for a launching facility;
B. the proposed ramp is of the minimum
dimensions necessary for launching of watercraft;
C. the proposed ramp does not obstruct
flowing water; and
D. construction
does not necessitate alteration of shoreland that could result in substantial
erosion and sedimentation.
Subp.
6a.
Boathouses.
A permit is required for the construction, reconstruction,
relocation, removal, or repair of a boathouse. The permit shall be granted if
the following conditions are met:
A.
the boathouse is located in an area of historic boathouse use. "Historic
boathouse use" shall be determined by the commissioner and shall be based on a
review of factual information such as photographs, local government comments,
newspaper accounts, or other relevant information;
B. the boathouse is approved by the local
unit of government by means of a resolution with supporting documentation that
identifies the owner, length, width, height, number of rooms, and sanitary
facilities of the boathouse; and
C.
the boathouse was located on public waters before January 1, 1997.
Subp. 6b.
Energy
exchangers.
A permit is required for the construction, reconstruction,
relocation, or repair of energy exchangers located on the bed of a public
water. The permit shall be granted if the following general conditions and the
additional listed specific conditions are met:
A. there are no other feasible and practical
alternative sites for the project that would have less environmental
impact;
B. a closed loop design is
utilized;
C. the facility is
designed in accordance with sound engineering practices;
D. the facility is not located in a
designated trout stream or lake, a designated wild and scenic river, or an
outstanding resource value water as defined in part 7050.0180;
E. the facility is designed in a fashion and
located so as not to cause a navigation hazard;
F. the facility will not exceed more than a
minimum encroachment, change, or damage to the environment, particularly the
ecology of the waters;
G. the
facility will not take threatened or endangered species identified in chapter
6134 without authorization by the commissioner according to parts 6212.1800 to
6212.2300;
H. the facility will not
contain substances, if released into public waters, that would be detrimental
to water quality or plant or animal life forms; and
I. the construction, relocation, or
reconstruction of privately owned structures shall be permitted only when a
federal, state, or local governmental agency accepts responsibility for future
maintenance of the facility or its removal in the event that the private owner
fails to maintain or abandons the facility.
Subp. 7.
Other facilities.
A permit is required for the construction, reconstruction,
relocation, removal, repair, and abandonment of all other offshore structures,
boat storage structures, cables other than utility crossings, pilings, or other
structures not covered by specific regulations.
A. Permits for structural repair, relocation,
or modification, other than minor maintenance work such as reroofing, painting
of structures, or similar work, shall be issued if all of the following
conditions are met:
(1) the applicant
demonstrates a need for the work;
(2) the cost of the work will not exceed 50
percent of the replacement cost of the structure;
(3) the degree of permanence of the structure
will not be materially increased by virtue of constructing a new foundation or
replacing the majority of the structure above the foundation;
(4) the structure being repaired has
appropriate permits from the local land use or sanitary authority;
and
(5) the degree of obstruction
or structure size is not increased.
B. Permits for construction, relocation, or
reconstruction of publicly owned structures shall be issued where:
(1) public need is documented and outweighs
adverse environmental impact;
(2)
the site is adequately protected from the forces of ice and wave pressures;
and
(3) the proposed construction
is of sound design and is not necessarily obtrusive or visually incompatible
with the natural surroundings.
C. The construction, relocation, or
reconstruction of privately owned structures, other than docks and mooring
facilities, shall be permitted only when a governmental agency or local unit of
governmental accepts responsibility for future maintenance of the structure or
its removal.
Subp. 8.
Removal of structures.
Where the commissioner has determined that a structure is no
longer functional, constitutes a public nuisance or a hazard to navigation, or
poses a threat to public health or safety, the structure shall be removed from
public waters under the applicable provisions of these rules. Except as
provided under part 6115.0210, subpart 4, item C, a permit is required for the
removal or abandonment of all existing waterway obstructions including
boathouses, bridges, culverts, pilings, piers, and docks. Permits shall be
issued provided:
A. the original
cross-section and bed conditions will be restored insofar as
practicable;
B. adequate provisions
are made to mitigate any side effects resulting from removal, such as
restoration of wave or current forces; and
C. no portion of the structure remains which
would obstruct or impair navigation, interfere with the passage of flood
waters, or contribute to erosion and sedimentation.
Statutory Authority: MS s
103G.315;
105.415
