(a) The commissioner, upon consideration of recommendations and objections as provided in clause (2), item (iii), and paragraph (c), may issue a public-waters-work permit for the temporary drawdown of a public water when:

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Terms Used In Minnesota Statutes 103G.408

  • Commissioner: means the commissioner of natural resources. See Minnesota Statutes 103G.005
  • Director: means the director of the Division of Ecological and Water Resources of the Department of Natural Resources. See Minnesota Statutes 103G.005
  • Municipality: means a home rule charter or statutory city. See Minnesota Statutes 103G.005
  • Project: means a specific plan, contiguous activity, proposal, or design necessary to accomplish a goal as defined by the local government unit. See Minnesota Statutes 103G.005
  • Public waters: means :

    (1) water basins assigned a shoreland management classification by the commissioner under sections 103F. See Minnesota Statutes 103G.005

  • Shallow lake: means a body of water, excluding a stream, that is greater than or equal to 50 acres in size and less than or equal to 15 feet in maximum depth. See Minnesota Statutes 103G.005
  • Watershed: means the 81 major watershed units delineated by the map, "State of Minnesota Watershed Boundaries - 1979. See Minnesota Statutes 103G.005

(1) the public water is a shallow lake to be managed for fish, wildlife, or ecological purposes by the commissioner and the commissioner has conducted a public hearing presenting a comprehensive management plan outlining how and when temporary drawdowns under this section will be conducted; or

(2) the permit applicant is a public entity and:

(i) the commissioner deems the project to be beneficial and makes findings of fact that the drawdown is in the public interest;

(ii) the permit applicant has obtained permission from at least 75 percent of the riparian landowners; and

(iii) the permit applicant has conducted a public hearing according to paragraph (d).

(b) In addition to the requirements in section 103G.301, subdivision 6, the permit applicant shall serve a copy of the application on each county, municipality, and watershed management organization, if one exists, within which any portion of the public water is located and on the lake improvement district, if one exists.

(c) A county, municipality, watershed district, watershed management organization, or lake improvement district required to be served under paragraph (b) or section 103G.301, subdivision 6, may file a written recommendation for the issuance of a permit or an objection to the issuance of a permit with the commissioner within 30 days after receiving a copy of the application.

(d) The hearing notice for a public hearing under paragraph (a), clause (2), item (iii), must:

(1) include the date, place, and time for the hearing;

(2) include the waters affected and a description of the proposed project;

(3) be mailed or electronically transmitted to the director, the county auditor, the clerk or mayor of a municipality, the lake improvement district if one exists, the watershed district or water management organization, the soil and water conservation district, and all riparian owners of record affected by the application; and

(4) be published in a newspaper of general circulation in the affected area.

(e) Periodic temporary drawdowns conducted under paragraph (a) are not considered takings from riparian landowners.

(f) This section does not apply to public waters that have been designated for wildlife management under section 97A.101.