Minnesota Administrative Rules

6115.1510 DEFINITIONS.

Subpart 1.

Scope.

The terms used in parts 6115.1500 to 6115.1550 have the meanings given in this part.

Subp. 2.

Commissioner.

"Commissioner" means the commissioner of natural resources or the commissioner's designated representative.

Subp. 3.

Department.

"Department" means the Department of Natural Resources.

Subp. 4.

Drainage.

"Drainage" means any method for removing or diverting waters from wetlands. The methods include, but are not limited to, excavating an open ditch, installing subsurface drainage tile, filling, diking, or pumping.

Subp. 5.

Drainage authority.

"Drainage authority" has the meaning given under Minnesota Statutes, section 103E.005, subdivision 9.

Subp. 6.

Drainage project.

"Drainage project" means a new drainage system, an improvement of a drainage system, an improvement of an outlet, a lateral, a repair, or a redetermination of benefits involving state-owned lands in consolidated conservation areas administered under Minnesota Statutes, chapter 84A, where:

A.

the drainage authority will make assessments to state-owned lands; or

B.

the commissioner will be asked or must consider whether to participate in the project through assessments or a lump sum, by joining the petition, by consent, or by approval.

Subp. 7.

Drainage system.

"Drainage system" has the meaning given under Minnesota Statutes, section 103E.005, subdivision 12.

Subp. 8.

Improvement.

"Improvement" means the tiling, enlarging, extending, straightening, or deepening of an established and constructed drainage system, including construction of ditches to reline or replace tile and construction of tile to replace a ditch.

Subp. 9.

Lateral.

"Lateral" has the meaning given under Minnesota Statutes, section 103E.005, subdivision 15.

Subp. 10.

Public waters.

"Public waters" has the meaning given in Minnesota Statutes, section 103G.005, subdivision 15.

Subp. 11.

Public waters wetlands.

"Public waters wetlands" has the meaning given in Minnesota Statutes, section 103G.005, subdivision 15a.

Subp. 12.

Repair.

"Repair" means to restore all or a part of a drainage system as nearly as practicable to the same condition as originally constructed and subsequently improved, including resloping of ditches and leveling waste banks if necessary to prevent further deterioration, realignment to original construction if necessary to restore the effectiveness of the drainage system, and routine operations that may be required to remove obstructions and maintain the efficiency of the drainage system. "Repair" also includes:

A.

incidental straightening of a tile system resulting from the tile-laying technology used to replace tiles; and

B.

replacement of tiles with the next larger size that is readily available, if the original size is not readily available.

Statutory Authority:

MS s 84A.55

History:

32 SR 1697

Published Electronically:

June 11, 2008