Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Goals.
It is the goal of the department to manage public waters
to:
A. maintain or restore natural
flow and natural water level conditions to the maximum feasible
extent;
B. encourage the
construction of small off-channel retarding structures for the conservation of
water in altered, natural waterbasins, consistent with any overall plans for
the affected watershed area; and
C.
limit the artificial manipulation of water levels, except when the balance of
affected public interests clearly warrants the establishment of appropriate
controls and it is not proposed solely to satisfy private interests.
Subp. 2.
Scope.
The construction, repair, reconstruction, or abandonment of
any structure intended to impound, divert, or control the level or flow of
public waters is subject to the provisions of this part.
Subp. 3.
Prohibited water level control
facilities.
Construction or reconstruction of water level control
facilities is prohibited when it is intended to manipulate water levels solely
to satisfy private interests.
Subp.
4.
No permit required.
No permit is required to construct, reconstruct, or abandon a
water level control structure on public watercourses with a contributing
watershed of 300 acres or less, except on officially designated trout streams,
provided the structure does not qualify as a dam under the rules for dam
safety.
Subp. 5.
Permits required.
Permits are required for the construction, repair,
reconstruction, or abandonment of any water level control structure, except as
provided in subparts 3 and 4, and a project must meet the following general
criteria:
A. the project will involve
a minimum of encroachment, change, or damage to the environment, including but
not limited to fish and wildlife habitat, navigation, water supply, storm water
retention, and agricultural uses;
B. adverse effects on the physical or
biological character of the waters are subject to feasible and practical
measures to mitigate the effects;
C. the proposed project is consistent with
applicable floodplain, shoreland, and wild and scenic rivers management
standards and ordinances for the waters involved;
D. the proposed project is consistent with
water and related land management plans and programs of local and regional
governments, provided such plans and programs are consistent with state plans
and programs;
E. the construction
or reconstruction complies with parts 6115.0300 to 6115.0520 with respect to
dam safety for the protection of human life and property;
F. the construction or reconstruction of
water level control structures or changing the level of an existing structure
shall be approved only to:
(1) control and
store flood waters;
(2) maintain
low flows for instream flow or water level protection;
(3) manage water quality, including the
prevention or control of erosion and sedimentation;
(4) improve water-based recreation;
(5) create, improve, and maintain water
supplies;
(6) create, improve, or
maintain aquatic habitat for fish and wildlife species;
(7) establish, improve, or maintain the
generation of hydroelectric power; or
(8) restore the existing control elevation to
a historic natural water elevation if detailed engineering surveys establish
that the proposed control elevation does not exceed the estimated natural
control elevation; and
G. the construction or reconstruction of
water level control structures or changing the level of an existing structure
on watercourses shall be approved only to:
(1) control and store flood waters;
(2) improve water-based recreation;
(3) create, improve, and maintain water
supplies;
(4) establish, improve,
or maintain the generation of hydroelectric power; or
(5) create, improve, or maintain aquatic
habitat for fish and wildlife species.
