This page contains two resources, in table format, that may be helpful for identifying the federal and state permits that apply to specific stormwater projects. These include:
- a summary of federal and state programs; and
- a sample worksheet to help users determine which permits they may need for a specific project and which agencies to contact for more information.
Excel versions of both resources are available in this downloadable workbook.
The worksheet should not be viewed as a definitive list but rather as a resource to point the user in the right direction. The worksheet is provided as a means of organization and information gathering. Applicants should always check with their local zoning authority for more information on local requirements.
If a project is in, near, or draining to a Special Water then additional permit conditions designed to preserve and protect the quality and character of these unique waters will apply. Additional regulatory information that may be useful is located on various websites (see References) and includes the following:
- a general list of agencies and contacts with a brief description of the agency, address, telephone, and Web site contact information;
- a brief summary of the major federal and state enabling legislation that mandates or supports the above programs; and
- links to model ordinances for a number of stormwater management activities.
| Permit Title | Regulatory Agency | Enforcement Authority | Implementation Authority | Applicability | Stormwater Regulated Activities |
|---|---|---|---|---|---|
| NPDES/SDS Construction Site Permit (Phase II) | MPCA | MPCA USEPA | USEPA - Clean Water Act M.S. 115.01- 115.09 Mn. Rules 7090 | Applies to all construction disturbing one or more acres of land, areas less than one acre if that activity is part of a “larger common plan of development or sale” that is greater than one acre, and MPCA designated construction activities disturbing less than one acre that have the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to water resources | Stormwater discharge associated with road building, landscaping, clearing, grading, excavation, and construction of homes, office buildings, industrial parks, landfills and airports. |
| NPDES/SDS Municipal Separate Storm Sewer System Permit (Phase II) | MPCA | MPCA USEPA | USEPA - Clean Water Act M.S. 115.01- 115.09 Mn. Rules 7001 and 7090 | Applies to municipal separate storm sewer systems located in state and federal designated areas. | On going site management and maintenance activities. Site management must include at a minimum the Six Minimum Control Measures: 1. public education and outreach, 2. public participation and involvement, 3. illicit discharge detection and elimination, 4. construction site storm water runoff control, 5. post construction storm water management, and 6. pollution prevention / good house keeping. |
| NPDES/SDS Industrial Site Permit (Phase II) | MPCA | MPCA USEPA | USEPA - Clean Water Act M.S. 115.01- 115.09 Mn. Rules 7001 and 7090 | Applies to public (municipal) and private operators of industrial facilities included in one of the 11 categories of industrial activity defined in the federal regulations by an industry’s Standard Industrial Classification (SIC) code or a narrative description of the activity found at the industrial site are required to apply for a permit | On going site management and maintenance activities. Site management may include BMPs such as oil and grease separators, designated wash out locations, site sweeping, and storing materials indoors. |
| NPDES/SDS Feedlot Permit | MPCA | MPCA USEPA | USEPA - Clean Water Act M.S.115.076 and 116.07 Mn. Rules 7001, 7020, 7050, and 7060 | Applies to owners and operators of feedlots capable of holding 1,000 animal units or more or Concentrated Animal Feeding Operations (CAFOs) meeting criteria in 40 CFR § 122.23(b) (4). | Stormwater discharge associated site location and expansion activities; construction activities; manure application, storage (stockpiling) location, and management; phosphorus management, pollutions prohibitions; and process wastewater and milk house wastes. |
| 401 Water Quality Certification | MPCA | MPCA USEPA | USEPA – Clean Water Act (33 U.S.C. 1341) M.S. 115.03 Mn. Rules 7001 | Applies to all activities requiring a federal permit that may have discharge to state waters. | Water quality impacts that may be generated from the structure, siting, or runoff management. |
| Section 404 Permit | USACOE | USACOE USEPA | USEPA - Clean Water Act Section 404 (33 U.S.C. 1344) | Applies to territorial seas; all navigable waters and adjacent wetlands; tributaries to navigable waters and adjacent wetlands; Interstate waters and adjacent wetlands; and all waters not identified above in which the destruction or degradation could affect interstate commerce | Discharge of dredged or fill material into waters of the United States. |
| Section 10 Rivers and Harbors Act Permit | USACOE | USACOE | Rivers and Harbors Act Section 10 | 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. | 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. |
| Class V Injection Well Inventory and Permit | USEPA | USEPA | Safe Drinking Water Act | Applies to all potential underground sources of drinking water. | Installation, operation, or abandonment of shallow disposal systems that are used to place stormwater below the land surface through a shaft or hole that is deeper than it is wide. |
| Public Waters Work Permit | DNR | DNR | M.S. 103G.245 Mn. Rules 6115 | Development activities below the ordinary high water level (OHWL) in public waters and public waters wetlands | Filling, excavation, shore protection, bridges and culverts, structures, docks, marinas, water level controls, dredging, and dams. |
| Water Appropriations Permit | DNR | DNR | 103G.255 Mn. Rules 6115.0600 | Regulates surface and ground water appropriations and use of water | Construction dewatering permits (erosion control and discharge conditions). |
| Calcareous Fen Management Plan | DNR | DNR MPCA | 103G.223 Mn. Rules 8420.1010 | Regulated drain, fill, otherwise alter or degrade calcareous fen | Discharges that affect the quantity, quality, or chemistry of waters supporting the fen. |
| Utility Crossing License | DNR | DNR | M.S. 84 Mn Rules 6135 | Applies to utility crossing of any state land or public waters. | Discharges or adverse effect to the water resource resulting from passage of any utility over, under, or across state land or public waters. |
| Water/Wetlands Project Permit (WCA) | LGU (as designated in WCA)* | DNR | Wetland Conservation Act M.S. 103G Mn. Rules 8420 | Applies to all jurisdictional wetlands. | Draining, filling, and in some cases excavation, degradation of water quality due to untreated stormwater runoff. |
| Industrial Discharge Permit | Met Council (Twin Cities Area Only) | MPCA USEPA | Mn. Rules 473 | Applies to industrial users of the Metropolitan Disposal System (public sanitary sewers) | Stormwater discharge, leachate, and groundwater where there is no prudent or feasible disposal alternatives. |
| Drainage Permit or Permission | Drainage Authority | Drainage Authority LGU* | M.S. 103D M.S. 103E | Applies to the public drainage system. | Introduction of stormwater into the system, conveyance of stormwater through the system, and discharge of stormwater from the system. |
| Other Local Permits | LGUs* | LGU* DNR MPCA | Various | Applies to any additional local regulations which may include resources in the above categories, shoreland management, floodplain management, lake improvement districts, landfills, wastewater, sand and gravel operations, hot mixing, dewatering, TMDLs, etc. | Various. |
| *CFR - Code of Federal Regulations; M.S. - Minnesota Statute; U.S.C - United States Code; LGU = local governmental unit (Counties, Soil and Water Conservation Districts, Water Management Organizations, Watershed Districts, Metropolitan Council, Lake Associations, Municipalities, Townships, Villages, etc.) | |||||
| Download an Excel workbook containing this table. | |||||
Permitting worksheet
| Step 1: Determine if your project entails a regulated activity: | |||||
|---|---|---|---|---|---|
| Is the project: | Yes | No | Not sure? | Primary Agency to Contact | Related Permits You May Need |
| disturbing > 1 acre? | Check project plans | MPCA, MS4 | NPDES/SDS Construction Permit | ||
| dewatering? | Check project plans | DNR | Water Appropriations Permit | ||
| appropriating water? | Check project plans | DNR | Water Appropriations Permit | ||
| an industrial discharge? | Check project plans | MPCA Met Council | NPDES/SDS Industrial Permit Industrial Waste Disposal Permit | ||
| a feedlot operation? | Check project plans | MPCA MDA | NPDES/SDS Feedlot Permit | ||
| discharging to Special Waters? | Check Special Waters list | MPCA | NPDES/SDS Permits | ||
| discharging to surface waters? | Check project plans | MPCA DNR | NPDES/SDS Permit Water Appropriations Permit | ||
| disposing/injecting stormwater into the shallow subsurface? | Check project plans | USEPA | Class V Injection Well Inventory Class V Injection Well Permit | ||
| draining wetland? | Check NWI Check wetland delineation | USACE DNR MPCA BWSR, LGU | Section 404 Permit Public Waters Permit Section 401 Water Quality Certification Waters/Wetlands (WCA) Permit | ||
| filling wetland? | Check NWI Check wetland delineation | USACE DNR MPCA WSR, LGU | Section 404 Permit Public Waters Permit Section 401 Water Quality Certification Waters/Wetlands (WCA) Permit | ||
| excavating wetland? | Check NWI Check wetland delineation | USACE DNR MPCA WSR, LGU | Section 404 Permit Public Waters Permit Section 401 Water Quality Certification Waters/Wetlands (WCA) Permit | ||
| innundating wetland? | Check NWI Check wetland delineation | USACE DNR MPCA WSR, LGU | Section 404 Permit Public Waters Permit Section 401 Water Quality Certification Waters/Wetlands (WCA) Permit | ||
| affecting a calcareous fen? | Check calcareous fens list | X | X | ||
| working below the ordinary high water level or in a Public Water? | Check OHWL Check PWI | DNR | Public Waters Permit | ||
| a utility crossing (e.g. pipe, transmission line, etc.)? | Check project plans | DNR, public owner of land | Utility Crossing License, State/Public Landowner Permission | ||
| Step 2: Determine the receiving water | |||||
|---|---|---|---|---|---|
| Is the project area in, near, or draining directly to: | Yes | No | Not Sure? | Primary Agency to Contact | Considerations and Related Permits You May Need |
| a trout lake or lake trout lake? | Check trout lakes | DNR | Special Permit Conditions Apply | ||
| DNR public waters? | Check PWI | DNR | Public Waters permit | ||
| a water of the US? | Check Waters of US | USACE | Section 404 or Section 10 Permit and Section 401 Water Quality Certification | ||
| a trout stream? | Check trout streams | DNR | Special Permit Conditions Apply | ||
| a wild, scenic, or recreational river? | Check WSR Rivers | DNR | Special Permit Conditions Apply | ||
| the Upper Mississippi River? | Check Special Waters | DNR | Special Permit Conditions Apply | ||
| a public drainage ditch? | Contact Drainage Authority | Drainage Authority | Drainage permit/permission | ||
| wetland? | Check NWI Check wetland delineation | BWSR, LGU | WCA Permit, Section 404 Permit, Public Waters Permit, and/or Section 401 Water Quality Certification | ||
| DNR public waters wetlands? | Check PWI | DNR | WCA Permit, Section 404 Permit, Public Waters Permit, and/or Section 401 Water Quality Certification | ||
| a calcareous fen? | Check Calcareous Fens list | DNR, MPCA | Approved calcareous fen management plan and individual NPDES/SDS permit | ||
| an impaired water or TMDL listed water? | Check 303d list | MPCA | Special Permit Conditions Apply | ||
| outstanding resource value waters (ORVWs)? | Check ORVWs | MPCA | Special Permit Conditions Apply | ||
| Step 3: Determine if your project area is in, near, or draining to special areas: | |||||
|---|---|---|---|---|---|
| Is the project area in, near, or draining directly to: | Yes | No | Not Sure? | Primary Agency to Contact | Considerations and Related Permits You May Need |
| MS4? | Check with MS4 (City, Watershed, Mn/DOT) | MPCA, LGU | NPDES/SDS MS4 Permit | ||
| a construction site? | Check with LGU | MPCA, LGU | NPDES/SDS Construction Permit | ||
| an industrial site? | Check with LGU | MPCA Met Council | NPDES/SDS Industrial Permit or Industrial Waste Disposal Permit | ||
| a feedlot operation? | Check with LGU | MPCA | NPDES/SDS Feedlot Permit | ||
| a coastal zone (Lake Superior)? | Check Coastal Zone | DNR | Special Permit Conditions Apply | ||
| the Mississippi River Critical Area (MRCA)? | Check MRCA | DNR | Special Permit Conditions Apply | ||
| a shoreland district? | Check with LGU | LGU | Special Permit Conditions Apply | ||
| a floodplain, floodway, or flood zone? | Check FEMA maps | LGU | Special Permit Conditions Apply | ||
| a wilderness area? | Check Wilderness Areas | NPS, USFS, BLM, USFWS | Special Permit Conditions Apply | ||
| a scientific or natural area? | Check SNAs | DNR | Special Permit Conditions Apply | ||
| a lake improvement district? | Check with LGU | LGU | Special Permit Conditions Apply | ||
| a dewatering site? | Check project plans | DNR | Water Appropriations Permit | ||
| a watershed district or water management organization? | Check WD/WMOs | WD/WMO,BWSR | Watershed Permits | ||
| an Indian Reservation? | Check Reservations | Tribal government | Tribal Permits | ||
| federally protected land? | Check with LGU | NPS, USFS, BLM, USFWS | Special Permit Conditions Apply | ||
| a source water protection area? | Check with LGU | LGU, MDH | Special Permit Conditions Apply | ||
| a drinking water protection area? | Check with LGU | LGU, MDH | Special Permit Conditions Apply | ||
| a karst area? | Check Karst | DNR, LGU | Special Permit Conditions Apply | ||
| a wellhead protection area? | Check with LGU | LGU, MDH | Special Permit Conditions Apply | ||
| Step 4: Compile a list of agencies to consult and permits you may need (from lines marked “yes” above): | |
|---|---|
| Agency to Consult | Permits which may be required |
| _ | _ |
| _ | _ |
| _ | _ |
| _ | _ |
| _ | _ |
| _ | _ |
| _ | _ |
| _ | _ |
| _ | _ |
| _ | _ |
| Step 5: Consult your local zoning authority and watershed organization for more information on local regulations/requirements/permits | |
|---|---|
| Local Zoning Authority: | Local Watershed Organization: |
| Contact Name: | Contact Name: |
| Address: | Address: |
| City, State, Zip: | City, State, Zip: |
| Telephone: | Telephone: |
| Email: | Email: |
| Web: | Web: |