Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Specific
requirements.
In addition to the general standards in part 6115.0220,
subparts 2 to 5, specific requirements for water level control structures shall
be met according to this part.
Subp.
2.
Permanent lake level control facilities.
A. Permanent lake level control facilities
shall be approved when the commissioner initiates proceedings for the purpose
of conserving or utilizing the water resources of the state and assumes
responsibility for operation and future maintenance, or when all of the
following conditions are met:
(1) the
ordinary high water level and runout elevation of the water body have been
determined by a detailed engineering survey, or by order of the commissioner
following a public hearing;
(2) the
proposed facilities are "reasonably consistent with natural conditions":
(a) where a functioning outlet existed in a
state of nature or for a long period of time following lawful creation or
alteration of an outlet by the activities of people or animals, or cataclysmic
events, the proposed outlet is at essentially the same control
elevation;
(b) where no natural or
artificial outlet exists and the lake is for all practical purposes
"landlocked," the control elevation shall not be more than 1-1/2 feet below the
ordinary high water level, unless the commissioner finds that:
i. the control is necessary to prevent
adverse impacts to the lake or adjoining property;
ii. other reasonable or cost-effective
alternatives are not available;
iii. natural resource or hydrologic
conditions exist in the watershed that would limit the potential for continuous
discharge of excess waters from the lake; and
iv. the outlet and discharge of excess waters
is addressed in an approved water management plan under Minnesota Statutes,
chapter 103B or 103D; and
(c) the commissioner may issue a permit to
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;
(3) the project is sponsored by a
governmental unit, which assumes responsibility for operation and future
maintenance, except when:
(a) the majority of
the riparian owners sign the permit application;
(b) appropriate easements or other property
interests have been obtained from all affected owners;
(c) a title-registration type permit is
issued to the owner or owners of the property upon which the proposed water
level control structure will be located; and
(d) the structure will further public
interests in navigation, propagation of fish or wildlife, or other beneficial
public uses of the water;
(4) justification has been made of the need
in terms of public and private interests and the available alternatives,
including the impact on receiving waters and public uses thereof, through a
detailed hydrologic study; and
(5)
a detailed plan is developed for operation and control including:
(a) manner and time of operation;
(b) frequency of maintenance;
(c) appropriate monitoring of water levels,
water quality, and other factors; and
(d) management of excess waters.
B. In addition to the
requirements of item A, subitem (2), unit (b), if the proposed control
elevation is more than 1-1/2 feet below the ordinary high water level, the
permit applicant must serve a copy of the application on each county and
municipality within which any portion of the lake is located and the lake
improvement district, if one exists. The commissioner must not issue a permit
to establish a control elevation more than 1-1/2 feet below the ordinary high
water level of a lake if a county, municipality, watershed district, or lake
improvement district required to be served under this item or Minnesota
Statutes, section
103G.301,
subdivision 6, files a written objection to the issuance of the permit with the
commissioner within 30 days after receiving a copy of the
application.
Subp. 3.
Fish and wildlife management.
Fish and wildlife management proposals made pursuant to
Minnesota Statutes, section
97A.101,
or other appropriate authority shall be approved when:
A. the public water has been designated for
wildlife management purposes;
B.
there is a specific water level management plan for the lake basin;
C. any drawdown of the lake is only temporary
and the management plans include a permanent facility for restoration of water
levels following such drawdowns;
D.
any alteration of a watercourse included in the plan follows the requirements
specified in part 6115.0201, subpart 7;
E. appropriate easements or fee title is
obtained; and
F. specified
management personnel are required to establish a lake level gauge and keep a
record of water levels with a specified frequency during seasons of active
water level manipulation and with a lesser frequency during all other open
water seasons.
Subp. 4.
Certain landlocked waterbasins.
Plans for landlocked waterbasins less than 25 acres in
surface area and contained completely within the municipal boundaries of a
single city shall be approved when:
A.
a municipal drainage plan for the affected tributary watershed is prepared by a
qualified engineer or hydrologist and is approved by the affected watershed
district and the city;
B. the city
has a field survey made of the waterbasin after consultation with the
department, including but not limited to:
(1)
the elevation of the aquatic vegetation fringe;
(2) the elevation of the tree line and a
description of the location, type, and size of representative trees;
(3) groundwater elevations, if appropriate;
and
(4) other information as
requested by the department;
C. control elevations and associated physical
parameters are approved by the department and the city; and
D. the city holds a public hearing on the
proposal and provides a transcript of the proceedings to the department.
Provision of a transcript may be waived by the department.
Subp. 5.
Other controls.
Permits for the construction, reconstruction, and abandonment
of water level control structures not covered under subparts 2 to 4 shall be
issued if:
A. the need is established
in terms of quantifiable benefits;
B. the structural design is done by a
professional engineer or by a qualified engineer of the Natural Resources
Conservation Service or the Corps of Engineers and includes the following
considerations:
(1) gravity forces;
(2) hydrostatic pressure;
(3) uplift forces;
(4) overturning moment;
(5) resistance to sliding;
(6) ice pressures;
(7) earthquake forces;
(8) slope stability, including consolidation
and pore pressures;
(9) seepage
collection or prevention;
(10)
foundation conditions, including appropriate borings and determination of the
strength of foundation materials;
(11) specifications for materials of
construction and their placement or installation;
(12) adequate construction inspection to
assure conformance with design assumptions; and
(13) adequacy of the cofferdam or diversion
during construction, if any; and
C. adequate assurances are made for future
maintenance of new water level control structures:
(1) for water level control structures 25
feet or more in structural height or having a maximum storage capacity of 50
acre-feet or more, permits shall be issued only to governmental agencies,
public utilities, or corporations having authority to construct and maintain
such projects, except that a title-registration type permit may be issued to
the owner or owners of the private property upon which the proposed water level
control structure will be located when the provisions of subpart 2, item A,
subitem (3), are met;
(2) for other
water level control structures, title-registration type permits shall be issued
to the owner or owners of the private property upon which the water level
control structure will be located if the permit runs with the land and requires
breaching or removal if the structure ever falls into a state of disrepair or
becomes unsafe; and
(3) periodic
engineering inspections of authorized water level control structures may be
made by the department or its designee.
Statutory Authority: MS s
103G.315;
105.415