Minnesota Administrative Rules
Agency 158 - Natural Resources Department
Chapter 6280 - AQUATIC PLANTS AND NUISANCES
Part 6280.1000 - VARIANCE AND LAKE VEGETATION MANAGEMENT PLAN
Universal Citation: MN Rules 6280.1000
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Variance.
A. The commissioner may issue APM permits
with a variance from one or more of the provisions of parts 6280.0250, subpart
4, and 6280.0350, except that no variance may be issued for part 6280.0250,
subpart 4, items B and C. Variances may be issued to control invasive aquatic
plants, protect or improve aquatic resources, provide riparian access, or
enhance recreational use on public waters. The commissioner shall make a
determination that there are exceptional circumstances or special or unique
conditions based on the criteria in items B and C before granting a variance to
control native aquatic plants to provide riparian access or enhance
recreational use.
B. The following
criteria shall be considered to determine if a variance is justified to control
invasive aquatic plants or protect or improve aquatic resources in public
waters:
(1) whether the variance has the
potential to increase or protect native aquatic plants, improve water quality,
or provide other ecological benefits;
(2) whether the variance has the potential to
prevent the spread of invasive aquatic plants;
(3) whether the variance would further
research or evaluation of invasive aquatic plant control; and
(4) whether there is a feasible alternative
to control invasive aquatic plants or improve aquatic resources.
C. The following criteria shall be
considered to determine if a variance is justified to provide riparian access
or enhance recreational opportunities on public waters:
(1) the habitat, water quality, and erosion
control value of the aquatic plants in the proposed permit area and the amount
of aquatic habitat reduction that would occur under the proposed
control;
(2) the abundance of
invasive aquatic plants in the proposed permit area;
(3) the selectivity of the proposed control
for invasive aquatic plants;
(4)
whether shoreline development is limited on the water subject to the proposed
variance such that exceeding the individual property limits in part 6280.0350,
subpart 1a, would not have potential to combine with other aquatic plant
control to substantially reduce aquatic habitat or result in other undesirable
ecological impacts;
(5) the
presence of extensive mats of aquatic plants at the surface that substantially
interfere with recreation in the proposed permit area, but only if this is not
a natural condition of a shallow lake, shallow bay, or wetland;
(6) the compatibility of the proposed
variance with the regulatory or management classification of the water and
adjacent lands, including natural environment lakes, special protection
districts, scientific and natural areas, wildlife management areas, aquatic
management areas, designated wildlife lakes, and wild and scenic
rivers;
(7) whether the variance,
if granted, would alter the essential character of the public water;
and
(8) whether there is a feasible
alternative to provide riparian access or enhance recreational
access.
D. The
commissioner may require monitoring of aquatic plants, water quality, or other
parameters as a condition of an APM permit that includes a variance.
E. The commissioner may require practical and
feasible measures to mitigate the adverse effects on aquatic habitat as a
condition of an APM permit that includes a variance. Mitigation measures may
include reduction in the number or size of docks and other water-oriented
structures, removal of shoreline riprap and retaining walls, restoration of
natural riparian vegetation, and restoration of emergent and floating-leaf
aquatic plants.
Subp. 2. Lake vegetation management plan (LVMP).
A. A lake vegetation management plan (LVMP)
approved by the commissioner may authorize a variance from the provisions of
this chapter, if permitted under subpart 1, item A, to control invasive
species, protect or improve aquatic resources, provide riparian access, and
enhance recreational use on public waters. The commissioner shall require an
APM permit applicant to develop an LVMP before granting a variance if the
proposed control proposes methods or actions that need to be evaluated to
determine if the goals of the variance are met. If a public water has an LVMP
approved by the commissioner, all APM permits within that public water shall be
issued in accordance with the plan and APM permit applications that are
inconsistent with the plan may be denied.
B. The commissioner shall provide the format
for an LVMP. An LVMP must contain the following information before being
approved by the commissioner:
(1) a
description of the lake and its water quality including location, size, and
clarity;
(2) a description of the
aquatic plant community;
(3) a
description of the public participation process used in developing the
plan;
(4) a description of the
problems addressed in the plan;
(5)
a statement of the goal for management of aquatic plants;
(6) a description of the proposed actions to
achieve the plan's goal and a map showing the location of proposed actions;
and
(7) conditions of APM permits
that would be issued as part of the plan, including identification of variances
requested under subpart 1.
C. The commissioner shall require a
monitoring plan for an LVMP if the plan proposes methods or actions that need
to be evaluated to determine whether the plan's goals will be met.
Statutory Authority: MS s 103G.615
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