Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Goals.
It is the goal of the department to allow crossings of public
waters, including the construction of water intake and sewer outfall structures
in public waters, only when less detrimental alternatives are unavailable or
unreasonable, and where such facilities adequately protect public health,
safety, and welfare.
Subp.
2.
Scope.
The construction or reconstruction of any bridge, culvert,
intake, outfall, or other crossing of public waters is subject to this part.
Abandonment or removal of all crossings and structures governed by this part
requires a permit according to part 6115.0211, subpart 8.
Subp. 3.
Prohibited crossings.
Crossings are prohibited when the project:
A. will obstruct navigation or create a water
safety hazard;
B. will cause or
contribute to significant increases in flood elevations and flood damages
either upstream or downstream;
C.
involves extensive channelization above and beyond minor stream channel
realignments to improve hydraulic entrance or exit conditions, except when a
separate permit is obtained according to part 6115.0201, subpart 7;
D. will be detrimental to water quality or
significant fish and wildlife habitat;
E. will take threatened or endangered species
listed in chapter 6134 without authorization by the commissioner according to
parts 6212.1800 to 6212.2300; or
F.
will provide private access to an island.
Subp. 4.
No permit required.
No permit is required to construct the following types of
crossings on public waters, unless prohibited in subpart 3:
A. to construct or reconstruct a bridge or
culvert on a public watercourse with a total drainage area, at its mouth, of
five square miles or less, except on officially designated trout
streams;
B. to construct or
reconstruct a low-water ford type crossing, if:
(1) the stream bed is capable of supporting
the crossing without the use of pilings, culverts, dredging, or other special
site preparation;
(2) the water
depth does not exceed two feet under normal summer flow conditions;
(3) the crossing conforms to the natural
cross-section of the stream channel and does not reduce or restrict normal
low-water flows;
(4) the original
stream bank at the site does not exceed four feet in height;
(5) the crossing is constructed of gravel,
natural rock, concrete, steel matting, or other durable inorganic material not
exceeding one foot in thickness;
(6) the approach is graded to a finished
slope not steeper than 5:1 horizontal:vertical, and all graded banks are seeded
or mulched to prevent erosion and sedimentation; and
(7) the crossing is not placed on an
officially designated trout stream, on a wild, scenic, or recreational river,
or on an officially designated state water trail;
C. to construct or reconstruct a temporary
bridge, if:
(1) the stream bank is capable of
supporting the bridge without the use of foundations, pilings, culverts,
excavation, or other special site preparation;
(2) nothing is placed in the bed of the
stream;
(3) the bridge is designed
and constructed so that it can be removed for maintenance and flood damage
prevention;
(4) the bridge is
firmly anchored at one end and so constructed as to swing away to allow flood
waters to pass;
(5) the lowest
portion of the bridge is at least three feet above the ordinary high water
level on navigable streams; and
(6)
the bridge is consistent with state and local rules and regulations for
floodplain, shoreland, and wild, scenic, or recreational rivers management
standards and ordinances;
D. to maintain the hydraulic adequacy of any
storm sewer or agricultural drain tile outfall or ditch that has been
functioning within the previous five years, if such work does not alter the
original course, current, or cross-section of the public waters; or
E. to install an agricultural drain tile
outletting into public waters, if the bank is restored to the original
cross-section or contour and no permanent structure is placed below the
ordinary high water level, except for the drain tile.
Subp. 5.
Permits required.
Permits are required for the construction or reconstruction
of any bridge, culvert, intake, outfall, or other crossing of public waters,
except as provided in subparts 3 and 4, and a project must meet the following
general criteria:
A. the project must
not exceed more than a minimum encroachment, change, or damage to the
environment, particularly the ecology of the waters;
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 crossing is consistent with
applicable floodplain, shoreland, and wild and scenic rivers management
standards and ordinances for the waters involved;
D. the proposed crossing 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; and
E. crossings of
public waterbasins or public water wetlands are allowed only when there is no
feasible and practical alternative that does not require filling, excavating,
or the placement of a structure in public waters.
Statutory Authority: MS s
103G.315;
105.415
