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Federal Level Implementation

Stormwater programs and permit requirements

This section is intended to serve as guidance to assist stormwater practitioners and the regulated community in identifying and complying with existing federal, state, and local regulations. Local programs can vary considerably and go beyond the scope of this document to address individually, though several of the major programs implemented at a local level have been summarized here. Contact the local zoning authority for more specific information on requirements for the project area.

Federal level implementation

The following programs are implemented at the federal level.

Contents

Section 404 permit program

This program applies to all waters of the United States, including lakes, rivers, ponds, streams, and wetlands. The Section 404 program regulates the discharge of dredged or fill material into waters of the U.S.

There are several categories of permits and approvals, including

  • non-reporting general permit;
  • statewide general permits;
  • letters of permission; and
  • individual permits.

An individual permit is required if the proposed work does not meet the requirements of one of the following specific general permits or letter of permission.

  1. Enabling Legislation: Section 404, Clean Water Act
  2. Required Permit: Section 404 Permit
  3. Regulatory Authority: U.S Army Corps of Engineers; U.S Environmental Protection Agency
  4. Applicability: Waters of the U.S.
  5. Stormwater Relationship: Discharge of dredged or fill material into waters of the U.S

Rivers and Harbors Act, Section 10 Permit Program

The Section 10 program applies to all Navigable Waters of the U.S. Navigable Water designation is based on past, present or potential use for transportation or interstate commerce. The Section 10 program regulates any work in, over or under a Navigable Water of the U.S or work that affects the course, location, condition or capacity of such waters.

There are several categories of permits and approvals, including

  • non-reporting general permit;
  • statewide general permits;
  • nationwide general permits;
  • letters of permission; and
  • individual permits.

An individual permit is required if the proposed work does not meet the requirements of one of the following specific general permits or letter of permission

  1. Enabling Legislation: Section 10, Rivers and Harbors Act
  2. Required Permit: Section 10 Permit
  3. Regulatory Authority: U.S. Army Corps of Engineers
  4. Applicability: Navigable Waters of the U.S
  5. Stormwater Relationship: Work in, over, under, or affecting the course, location, condition or capacity of a Navigable Water of the U.S

Underground Injection Control Program (Class V Injection Wells)

This program applies to shallow disposal systems that are used to place a variety of fluids, including stormwater, below the land surface. Class V injection wells are defined as any bored, drilled, driven shaft, or dug hole that is deeper than it is wide; any improved sinkhole; or any subsurface fluid distribution system.

The purpose of the program is to prevent the contamination of any underground sources of drinking water. Inventory information must be submitted for any existing Class V injection wells and before installation of new Class V injection wells. However, a permit is not required if it is determined that the well does not endanger underground sources of drinking water.

The program has two requirements:

  • Submitting basic inventory information about the stormwater drainage wells to the EPA; and
  • Constructing, operating, and closing the drainage well in a manner that does not endanger underground sources of drinking waters (USDWs).
  1. Enabling Legislation: Safe Drinking Water Act
  2. Required Permit Class V Injection Well Inventory
  3. Regulatory Authority: U.S. Environmental Protection Agency
  4. Applicability: Underground sources of drinking water
  5. Stormwater Relationship: Shallow stormwater disposal systems (for example, dry wells, sumps, drain tile, certain infiltration practices) placing stormwater below the land surface.

Mississippi National River and Recreation Area (MNRRA) Program

This is a joint federal, state, and local program, overseen by the National Park Service which provides coordination for 72 miles of the Mississippi River, four miles of the Minnesota River, and 54,000 acres of adjacent corridor lands. The MNRRA Comprehensive Management Plan adopts and incorporates by reference the state Critical Area Program, Shoreland Management Program, and other applicable state and regional land use management programs that implement the plan’s visions.

  1. Enabling Legislation: Minnesota Statutes, Section 116G; Minnesota Rules, Chapter 4410
  2. Required Permits: NA
  3. Regulatory Authority: National Park Service (oversight); DNR, Division of Waters; Local Government
  4. Applicability: Sections of the Mississippi and Minnesota River and designated corridor
  5. Stormwater Relationship: Activities within the national river and recreation area