Laserfiche WebLink
Appendix E — Minnesota Board of Water and Soil Resources <br />The Minnesota Board of Water and Soil Resources is a state agency that improves and protects water <br />and soil resources by working in partnership with local organizations and private landowners <br />Appendix F — Rule K Enforcement <br />1. VIOLATION OF RULES IS A MISDEMEANOR. Violation of these rules, a stipulation agreement made, or <br />permit issued by the Board of Managers under these rules, is a misdemeanor subject to a penalty as <br />provided by law. <br />2. DISTRICT COURT ACTION. The District may exercise all powers conferred upon it by Minnesota <br />Statutes Chapter 103D in enforcing these rules, including criminal prosecution, injunction, or action to <br />compel performance, restoration or abatement. <br />3. ADMINISTRATIVE ORDER. The District may issue a cease and desist or compliance order when it finds <br />that a proposed or initiated project presents a serious threat of soil erosion, sedimentation, or an <br />adverse effect upon water quality or quantity, or violates any rule or permit of the District. <br />Appendix G — Rule L - Variances <br />1. VARIANCES AUTHORIZED. The Board of Managers may hear a request for variance from a literal <br />provision of these rules where strict enforcement would cause undue hardship or practical difficulty <br />because of circumstances unique to the property under consideration. The Board of <br />Managers may grant a variance if an applicant demonstrates that such action will be in keeping with the <br />spirit and intent of these rules and in doing so may impose conditions on the variance as necessary to <br />find that it meets the standards of section 2, below. A variance request must be addressed to the Board <br />of Managers as part of a permit application and must address each of the four criteria listed in the <br />standard. <br />2. STANDARD. In order to grant a variance, the Board of Managers must determine that: <br />(a) Special conditions apply to the structures or lands under consideration that do not apply generally to <br />other land or structures in the District. <br />(b) Because of the unique conditions of the property involved, undue hardship or practical difficulty to <br />the applicant would result, as distinguished from mere inconvenience, if the strict letter of the rules <br />were applied. Economic considerations alone do not constitute undue hardship or practical difficulty if <br />any reasonable use of the property exists under the terms of the District's rules. <br />(c) The proposed activity for which the variance is sought will not adversely affect the public health, <br />safety or welfare; will not create extraordinary public expense; and will not adversely affect water <br />quality, water control or drainage in the District. <br />(d) The intent of the District's rules is met. <br />3. PRACTICAL DIFFICULTY DEFINED. In evaluating practical difficulty, the Board of Managers will consider <br />the following factors: <br />(a) How substantial the variation is from the rule provision; <br />(b) The effect of the variance on government services; <br />(c) Whether the variance will substantially change the character of watershed resources or be a <br />substantial detriment to neighboring properties; <br />