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Minnesota Legislature

Office of the Revisor of Statutes

6105.0160 GRADING AND FILLING.

Subpart 1.

In general.

Grading and filling in of the natural topography which is not accessory to a permitted or conditional use shall not be permitted in the land use district. Grading and filling in of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earth moving, erosion, tree clearing, and the destruction of natural amenities and shall be controlled by the local ordinance.

Subp. 2.

Additional standards.

Grading and filling in of the natural topography shall also meet the following standards:

A.

the smallest amount of bare ground is exposed for as short a time as feasible;

B.

temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted;

C.

methods to prevent erosion and trap sediment are employed; and

D.

fill is stabilized to accepted engineering standards.

Subp. 3.

Excavation.

Excavation of material from, or filling in a wild, scenic, or recreational river, or construction of any permanent structures or navigational obstructions therein is prohibited, unless authorized by a permit from the commissioner pursuant to Minnesota Statutes, section 103G.245.

Subp. 4.

Draining or filling wetlands prohibited.

No state or local authority shall authorize the drainage or filling in of wetlands within wild, scenic, or recreational river land use districts.

Statutory Authority:

MS s 104.34; 103F.321

Published Electronically:

June 11, 2008