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===State enabling legislation=== | ===State enabling legislation=== | ||
At the State level, water law is organized into a series of Statutes and Rules. MN Statutes 103A through 103G constitute Water Law in Minnesota. These Statutes and their associated Rules are the enabling legislation related to stormwater at the State level. Links to 2004 statutes are provided. | At the State level, water law is organized into a series of Statutes and Rules. MN Statutes 103A through 103G constitute Water Law in Minnesota. These Statutes and their associated Rules are the enabling legislation related to stormwater at the State level. Links to 2004 statutes are provided. | ||
− | *M.S. 84 – Department of Natural Resources: This chapter includes the powers and duties of the Department of Natural Resources commissioner and addresses issues related to public lands, parks, timber, waters, minerals, and wild animals of the state. | + | *[https://www.revisor.mn.gov/statutes/?id=84 M.S. 84] – Department of Natural Resources: This chapter includes the powers and duties of the Department of Natural Resources commissioner and addresses issues related to public lands, parks, timber, waters, minerals, and wild animals of the state. |
− | *M.S. 103A – Water Policy Information: Regulatory policy is defined within this chapter. Policy related to wetlands, hydropower, groundwater management, rainwater conservation, soil and water conservation, floodplain management, scenic river protection, marginal and erodable land, and water law policy are defined and addressed in this statute. Term definitions, jurisdiction, petition for intervention rules, authority, court referral, hearings, procedure, and statewide water information systems are defined and addressed. | + | *[https://www.revisor.mn.gov/statutes/?id=103A M.S. 103A] – Water Policy Information: Regulatory policy is defined within this chapter. Policy related to wetlands, hydropower, groundwater management, rainwater conservation, soil and water conservation, floodplain management, scenic river protection, marginal and erodable land, and water law policy are defined and addressed in this statute. Term definitions, jurisdiction, petition for intervention rules, authority, court referral, hearings, procedure, and statewide water information systems are defined and addressed. |
− | *M.S. 103B – Water Planning and Project Implementation: Water planning and project implementation are addressed in this statute. It specifically creates and defines plans, programs, districts, commissions, organizations and boards to protect water resources. Statutes cover issues such as taxing authority, planning, levies, capital improvements, dispute resolution and project implementation. The following Acts, Programs and Laws applicable to stormwater are included within M.S. 103B: | + | *[https://www.revisor.mn.gov/statutes/?id=103B M.S. 103B] – Water Planning and Project Implementation: Water planning and project implementation are addressed in this statute. It specifically creates and defines plans, programs, districts, commissions, organizations and boards to protect water resources. Statutes cover issues such as taxing authority, planning, levies, capital improvements, dispute resolution and project implementation. The following Acts, Programs and Laws applicable to stormwater are included within M.S. 103B: |
− | :*Lake Improvement District Law (103B.501 – 103B.581): This law addresses a DNR coordinated local-state program for the establishment of lake improvement districts by counties. | + | :*[https://www.revisor.mn.gov/statutes/?id=103B Lake Improvement District Law (103B.501 – 103B.581)]: This law addresses a DNR coordinated local-state program for the establishment of lake improvement districts by counties. |
− | :*Comprehensive Local Water Management Act (103B.301 – 103B.355): This act encourages counties to develop and implement local water management plans. Local water management plans, which must be updated periodically, are countywide plans which address water problems in context of watershed units and ground water systems. | + | :*[https://www.revisor.mn.gov/statutes/?id=103B Comprehensive Local Water Management Act (103B.301 – 103B.355)]: This act encourages counties to develop and implement local water management plans. Local water management plans, which must be updated periodically, are countywide plans which address water problems in context of watershed units and ground water systems. |
− | * | + | *[https://www.revisor.mn.gov/statutes/?id=103C M.S. 103C] – Soil and Water Conservation Districts: This chapter, which is known as Soil and Water Conservation District Law, addresses soil and water conservation policy. Statutes cover issues such as the formation of soil and water conservation districts, consolidation and division of districts, cooperation between districts and other public agencies, powers and duties of the Board of Water and Soil Resources, and project determination and assessments. The soil and water conservation policy of the state is to encourage land occupiers to conserve soil, water, and the natural resources they support through the implementation of practices that control or prevent pollution, ensure soil productivity, protect water quality, prevent impairment of dams and reservoirs, reduce flood damage, preserve wildlife, protect public lands and waters and preserve the tax base. |
− | *M.S. 103D – Watershed Districts: Chapter 103D, which is known as Watershed Law, addresses the establishment and termination of Watershed Districts, consolidation and boundary changes of districts, watershed management plans, project procedure and implementation, general provisions and the funding of watershed districts and projects. | + | *[https://www.revisor.mn.gov/statutes/?id=103D M.S. 103D] – Watershed Districts: Chapter 103D, which is known as Watershed Law, addresses the establishment and termination of Watershed Districts, consolidation and boundary changes of districts, watershed management plans, project procedure and implementation, general provisions and the funding of watershed districts and projects. |
− | *M.S. 103E – Drainage: This chapter addresses general provisions, petitions for drainage projects, preliminary surveying and hearings, detailed surveying and viewing, drainage outlets, drainage construction, funding and payment of drainage system costs, and procedure to repair drainage systems. | + | *[https://www.revisor.mn.gov/statutes/?id=103E M.S. 103E] – Drainage: This chapter addresses general provisions, petitions for drainage projects, preliminary surveying and hearings, detailed surveying and viewing, drainage outlets, drainage construction, funding and payment of drainage system costs, and procedure to repair drainage systems. |
− | *M.S. 103F – Protection of Water Resources: This chapter addresses the protection of water resources, specifically the Southern Minnesota Rivers Basin Area, shoreland development, the Wild Scenic Rivers Act, Mississippi Headwaters Planning and Management, the Minnesota River Basin Joint Powers Board, Project Riverbend, soil erosion, the water bank program, lake preservation and protection, and the Wetland Establishment and Restoration Program. The following Acts and Laws applicable to stormwater are included within M.S. 103F: | + | *[https://www.revisor.mn.gov/statutes/?id=103F M.S. 103F] – Protection of Water Resources: This chapter addresses the protection of water resources, specifically the Southern Minnesota Rivers Basin Area, shoreland development, the Wild Scenic Rivers Act, Mississippi Headwaters Planning and Management, the Minnesota River Basin Joint Powers Board, Project Riverbend, soil erosion, the water bank program, lake preservation and protection, and the Wetland Establishment and Restoration Program. The following Acts and Laws applicable to stormwater are included within M.S. 103F: |
− | :*Floodplain Management Law (103F.101 – 103F.155): This law addresses the reduction of flood damages through floodplain management activities. It stresses nonstructural measures such as floodplain zoning and flood proofing, flood warning practices, and other indemnification programs that reduce public liability and expense for flood damages. It provides for state coordination through the Department of Natural Resources and assistance to local government units in floodplain management planning and activities. | + | :*[https://www.revisor.mn.gov/statutes/?id=103F Floodplain Management Law (103F.101 – 103F.155)]: This law addresses the reduction of flood damages through floodplain management activities. It stresses nonstructural measures such as floodplain zoning and flood proofing, flood warning practices, and other indemnification programs that reduce public liability and expense for flood damages. It provides for state coordination through the Department of Natural Resources and assistance to local government units in floodplain management planning and activities. |
− | :* | + | :*[https://www.revisor.mn.gov/statutes/?id=103F Minnesota Wild and Scenic Rivers Act (103F.301 – 103F.345)]. This Act was passed to preserve and protect select rivers in the state that have outstanding scenic, recreational, natural, historical, scientific and similar values. It addresses which rivers could be eligible; designated three protected classes: wild, scenic, or recreational; and outlined the procedure that should be followed in the development of a management plan. |
− | :*Clean Water Partnership Law (103F.701 – 103F.761): This law addresses the protection and improvement of surface and ground water in the state through financial and technical assistance to local units of government. The purpose of this law is to control water pollution associated with land use and land management activities and to provide a legal basis for state implementation of federal laws controlling nonpoint source water pollution.” | + | :*[https://www.revisor.mn.gov/statutes/?id=103F Clean Water Partnership Law (103F.701 – 103F.761)]: This law addresses the protection and improvement of surface and ground water in the state through financial and technical assistance to local units of government. The purpose of this law is to control water pollution associated with land use and land management activities and to provide a legal basis for state implementation of federal laws controlling nonpoint source water pollution.” |
− | *M.S. 103G – Waters of the State: The waters of the state are addressed in this chapter. The statute includes the commissioner’s authority, public water designation and use, wetlands, work affecting public waters, water diversion and appropriation, permit procedure, water level establishment and control, Big Stone Lake, Mississippi Headwater Lakes, dam construction and maintenance, flowage easements, water aeration and deicing, harvest and control of aquatic plants, sunken log recovery, and streams. | + | *[https://www.revisor.mn.gov/statutes/?id=103G M.S. 103G] – Waters of the State: The waters of the state are addressed in this chapter. The statute includes the commissioner’s authority, public water designation and use, wetlands, work affecting public waters, water diversion and appropriation, permit procedure, water level establishment and control, Big Stone Lake, Mississippi Headwater Lakes, dam construction and maintenance, flowage easements, water aeration and deicing, harvest and control of aquatic plants, sunken log recovery, and streams. |
− | *M.S. 103H – Groundwater Protection: This chapter addresses ground water issues including sensitive area protection, development of best management practices, quality monitoring requirements, health risk limits, and pollution management. | + | *[https://www.revisor.mn.gov/statutes/?id=103H M.S. 103H] – Groundwater Protection: This chapter addresses ground water issues including sensitive area protection, development of best management practices, quality monitoring requirements, health risk limits, and pollution management. |
− | *M.S. 103I – Wells, Borings, and Underground Uses This chapter addresses well construction, repair, and sealing; regulations related to wells and borings; and licensing requirements. | + | *[https://www.revisor.mn.gov/statutes/?id=103I M.S. 103I] – Wells, Borings, and Underground Uses This chapter addresses well construction, repair, and sealing; regulations related to wells and borings; and licensing requirements. |
− | * | + | *[https://www.revisor.mn.gov/statutes/?id=115 M.S. 115] – Water Pollution Control; Sanitary Districts: Chapter 115 addresses issues concerning water pollution control, sanitary districts, municipal water pollution control, individual and alternative discharging sewage treatment systems, regional sanitary sewer districts, water supply systems, and wastewater treatment facilities. The following Acts and Laws applicable to stormwater are included within M.S. 115: |
− | :*State Water Pollution Control Act (M.S. 115.01 – 115.09): This Act specifically addresses stormwater issues and the National Pollutant Discharge Elimination System (NPDES). The addresses MPCA authority to perform necessary acts including the establishment and application of standards, procedures, rules, orders, variances, stipulation agreements, schedules of compliance, and permit conditions, consistent with the provisions of the federal CWA, including the NPDES. It outlines public notice for NPDES permit applications, provisions for stormwater permits, general permits, compliance with non-degradation and mitigation requirements of agency water quality rules, and regulation of stormwater discharges. | + | :*[https://www.revisor.mn.gov/statutes/?id=115 State Water Pollution Control Act (M.S. 115.01 – 115.09)]: This Act specifically addresses stormwater issues and the National Pollutant Discharge Elimination System (NPDES). The addresses MPCA authority to perform necessary acts including the establishment and application of standards, procedures, rules, orders, variances, stipulation agreements, schedules of compliance, and permit conditions, consistent with the provisions of the federal CWA, including the NPDES. It outlines public notice for NPDES permit applications, provisions for stormwater permits, general permits, compliance with non-degradation and mitigation requirements of agency water quality rules, and regulation of stormwater discharges. |
− | :* | + | :*[https://www.revisor.mn.gov/statutes/?id=115Regional Sanitary Sewer District Law (M.S. 115.16 – 115.67)] Provision for the establishment of sanitary sewer districts as a municipal corporation and subdivision of the state responsible for acquiring, constructing, improving, extending, operating, and maintaining facilities for the collection, treatment, and disposal of sewage and industrial and other wastes received from the sewer systems of all municipalities within its corporate limits. |
− | *M.S. 116 – Pollution Control Agency: This chapter addresses the creation and powers of the MPCA, the Water Pollution Control Program, nutrients in cleaning agents and water conditioners, storage tanks, and waste facility training and certification. NPDES permitting requirements for feedlots are specifically addressed in this chapter. | + | *[https://www.revisor.mn.gov/statutes/?id=116 M.S. 116] – Pollution Control Agency: This chapter addresses the creation and powers of the MPCA, the Water Pollution Control Program, nutrients in cleaning agents and water conditioners, storage tanks, and waste facility training and certification. NPDES permitting requirements for feedlots are specifically addressed in this chapter. |
− | *M.S. 116A – Public Water and Sewer Systems: This chapter outlines the purpose of the establishment of public water and sewer systems and addresses the power of county boards to construct and maintain such facilities. | + | *[https://www.revisor.mn.gov/statutes/?id=116A M.S. 116A] – Public Water and Sewer Systems: This chapter outlines the purpose of the establishment of public water and sewer systems and addresses the power of county boards to construct and maintain such facilities. |
− | *M.S. 144 – Department of Health: This chapter also known as the Safe Drinking Water Act of 1977, describes the purpose and authority of the Department of Health. It addresses safe drinking water, approval of design, construction, and alteration of all public water supplies, testing, inspection, emergency plans and record keeping of facilities. | + | *[https://www.revisor.mn.gov/statutes/?id=144 M.S. 144] – Department of Health: This chapter also known as the Safe Drinking Water Act of 1977, describes the purpose and authority of the Department of Health. It addresses safe drinking water, approval of design, construction, and alteration of all public water supplies, testing, inspection, emergency plans and record keeping of facilities. |
− | *M.S. 473 – Metropolitan Government: This chapter includes the creation of the Metropolitan Council and addresses regional issues including transportation, recreational open space, solid waste disposal, aviation, water supply, comprehensive planning, and housing and redevelopment. | + | *[https://www.revisor.mn.gov/statutes/?id=473 M.S. 473] – Metropolitan Government: This chapter includes the creation of the Metropolitan Council and addresses regional issues including transportation, recreational open space, solid waste disposal, aviation, water supply, comprehensive planning, and housing and redevelopment. |
− | *Minnesota Rules Chapter 4410: Environmental Quality Board environmental review rules and procedures. | + | *[https://www.revisor.mn.gov/rules/?id=4410 Minnesota Rules Chapter 4410]: Environmental Quality Board environmental review rules and procedures. |
− | *Minnesota Rules Chapter 4720: Minnesota Department of Health public water supplies rules including wellhead protection plan content and procedural requirements. | + | *[https://www.revisor.mn.gov/rules/?id=4720 Minnesota Rules Chapter 4720]: Minnesota Department of Health public water supplies rules including wellhead protection plan content and procedural requirements. |
*Minnesota Rules Chapter 4725: Minnesota Department of Health wells and borings rules. | *Minnesota Rules Chapter 4725: Minnesota Department of Health wells and borings rules. | ||
*Minnesota Rules Chapter 6105: Minnesota Department of Natural Resources wild, scenic, and recreational rivers rule. Provide minimum statewide requirements for the selection, classification, management, and control of wild, scenic, and recreational rivers and their land use districts. | *Minnesota Rules Chapter 6105: Minnesota Department of Natural Resources wild, scenic, and recreational rivers rule. Provide minimum statewide requirements for the selection, classification, management, and control of wild, scenic, and recreational rivers and their land use districts. | ||
− | *Minnesota Rules Chapter 6115: Minnesota Department of Natural Resources public water resources rules. | + | *[https://www.revisor.mn.gov/rules/?id=6105 Minnesota Rules Chapter 6115]: Minnesota Department of Natural Resources public water resources rules. |
− | *Minnesota Rules Chapter 6120: Minnesota Department of Natural Resources shoreland and floodplain management rules including standards and criteria to guide local governments in the adoption and implementation of shoreland and floodplain management controls. | + | *[https://www.revisor.mn.gov/rules/?id=6120 Minnesota Rules Chapter 6120]: Minnesota Department of Natural Resources shoreland and floodplain management rules including standards and criteria to guide local governments in the adoption and implementation of shoreland and floodplain management controls. |
− | *Minnesota Rules Chapter 6135: Minnesota Department of Natural Resources utility crossing rules. Concerning utility crossings over public lands and waters, sets fees, standards, and criteria for minimizing the environmental impact of the crossings. | + | *[https://www.revisor.mn.gov/rules/?id=6135 Minnesota Rules Chapter 6135]: Minnesota Department of Natural Resources utility crossing rules. Concerning utility crossings over public lands and waters, sets fees, standards, and criteria for minimizing the environmental impact of the crossings. |
− | *Minnesota Rules Chapter 7001: Minnesota Pollution Control Agency permits and certifications including the NPDES permits application procedures, issuance and conditions of approvals and the Section 401 certifications. | + | *[https://www.revisor.mn.gov/rules/?id=7001 Minnesota Rules Chapter 7001]: Minnesota Pollution Control Agency permits and certifications including the NPDES permits application procedures, issuance and conditions of approvals and the Section 401 certifications. |
− | *Minnesota Rules Chapter 7020: Minnesota Pollution Control Agency animal feedlot permit requirements and rules addressing storage, transportation, disposal, and utilization of animal manure and process wastewaters. | + | *[https://www.revisor.mn.gov/rules/?id=7020 Minnesota Rules Chapter 7020]: Minnesota Pollution Control Agency animal feedlot permit requirements and rules addressing storage, transportation, disposal, and utilization of animal manure and process wastewaters. |
− | *Minnesota Rules Chapter 7050: Water quality standards and related provisions are found in several Minnesota rules, but the primary rule for state-wide water quality standards is Chapter 7050. Included in this rule are: | + | *[https://www.revisor.mn.gov/rules/?id=7050 Minnesota Rules Chapter 7050]: Water quality standards and related provisions are found in several Minnesota rules, but the primary rule for state-wide water quality standards is Chapter 7050. Included in this rule are: |
:*A classification system of beneficial uses for both surface and ground waters | :*A classification system of beneficial uses for both surface and ground waters | ||
:*Numeric and narrative water quality standards | :*Numeric and narrative water quality standards | ||
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:*Treatment requirements and effluent limits for wastewater discharges | :*Treatment requirements and effluent limits for wastewater discharges | ||
:*Other provisions related to the protection of Minnesota’s water resources from pollution. | :*Other provisions related to the protection of Minnesota’s water resources from pollution. | ||
− | *Minnesota Rules Chapter 7052: This rule outlines water quality standards, nondegradation provisions, and methods for setting water quality-based effluent limits for point sources applicable only to waters in the Lake Superior basin. This rule, called the Great Lakes Initiative (GLI), was mandated by an amendment to the Clean Water Act in 1987. All eight Great Lakes states have adopted the GLI. The GLI rules provide a common approach across state lines for the control and minimization of the discharge of persistent and bioaccumulative pollutants into the Great Lakes system. | + | *[https://www.revisor.mn.gov/rules/?id=7052 Minnesota Rules Chapter 7052]: This rule outlines water quality standards, nondegradation provisions, and methods for setting water quality-based effluent limits for point sources applicable only to waters in the Lake Superior basin. This rule, called the Great Lakes Initiative (GLI), was mandated by an amendment to the Clean Water Act in 1987. All eight Great Lakes states have adopted the GLI. The GLI rules provide a common approach across state lines for the control and minimization of the discharge of persistent and bioaccumulative pollutants into the Great Lakes system. |
− | *Minnesota Rules Chapter 7090: The MPCA’s stormwater rules for the construction, industrial, and municipal stormwater permitting programs. It describes who, what, and when joint NPDES/SDS stormwater permits are required. The rules address the requirements of both the Phase I and Phase II federal stormwater regulations by integrating these regulations into one state Stormwater Regulatory Program under a new chapter of Minnesota Rules, Chapter 7090, adopted in 2005. Minnesota Rules Chapter 7090 includes the following: | + | *[https://www.revisor.mn.gov/rules/?id=7090 Minnesota Rules Chapter 7090]: The MPCA’s stormwater rules for the construction, industrial, and municipal stormwater permitting programs. It describes who, what, and when joint NPDES/SDS stormwater permits are required. The rules address the requirements of both the Phase I and Phase II federal stormwater regulations by integrating these regulations into one state Stormwater Regulatory Program under a new chapter of Minnesota Rules, Chapter 7090, adopted in 2005. Minnesota Rules Chapter 7090 includes the following: |
:*NPDES permit requirements for regulated MS4s, construction and industrial activities | :*NPDES permit requirements for regulated MS4s, construction and industrial activities | ||
:*MS4 designation process and criteria | :*MS4 designation process and criteria | ||
:*Notification of construction stormwater general permit coverage | :*Notification of construction stormwater general permit coverage | ||
:*Industrial activity no-exposure exclusion | :*Industrial activity no-exposure exclusion | ||
− | *Minnesota Rules Chapter 8410: Board of Water and Soil Resources local water management rules including required content for watershed management plans, joint powers agreements establishing a watershed management organization, and local comprehensive plans. | + | *[https://www.revisor.mn.gov/rules/?id=8410 Minnesota Rules Chapter 8410]: Board of Water and Soil Resources local water management rules including required content for watershed management plans, joint powers agreements establishing a watershed management organization, and local comprehensive plans. |
− | *Minnesota Rules Chapter 8420: Board of Water and Soil Resources wetland conservation rules implementing the Wetland Conservation Act and regulating impacts to wetlands caused by draining, excavating, or filling. The rules include exemption standards, sequencing requirements, replacement requirements and local government procedures. | + | *[https://www.revisor.mn.gov/rules/?id=8420 Minnesota Rules Chapter 8420]: Board of Water and Soil Resources wetland conservation rules implementing the Wetland Conservation Act and regulating impacts to wetlands caused by draining, excavating, or filling. The rules include exemption standards, sequencing requirements, replacement requirements and local government procedures. |
===Model Ordinances=== | ===Model Ordinances=== | ||
The following table contains a list of links to sources for model ordinances on a variety of stormwater management issues, including: general stormwater management, erosion and sediment control, growth management, floodplain management, shoreland management, neighborhood design, effective building, elicit discharge detection and elimination, ground water protection, operations and maintenance and more. These model ordinances may be used as a starting point for communities to work from in developing and adapting ordinances to local conditions and jurisdictions. | The following table contains a list of links to sources for model ordinances on a variety of stormwater management issues, including: general stormwater management, erosion and sediment control, growth management, floodplain management, shoreland management, neighborhood design, effective building, elicit discharge detection and elimination, ground water protection, operations and maintenance and more. These model ordinances may be used as a starting point for communities to work from in developing and adapting ordinances to local conditions and jurisdictions. |
This section contains additional information not contained in the section Regulatory information.
Watershed districts are local units of government that work to solve and prevent water-related problems including flood control and water quality protection. The boundaries of the districts follow those of a natural watershed and are governed by a board of managers appointed by the boards of commissioners of the counties that have land in the district. Any activity that will impact land use, stormwater, wetlands and other bodies of water, zoning, planning, grading or any land altering activity should consult with the local watershed organization to determine the local regulations.
The following Federal and State legislation enables the creation of, and delegates authority for, stormwater programs and regulations.
At the State level, water law is organized into a series of Statutes and Rules. MN Statutes 103A through 103G constitute Water Law in Minnesota. These Statutes and their associated Rules are the enabling legislation related to stormwater at the State level. Links to 2004 statutes are provided.
The following table contains a list of links to sources for model ordinances on a variety of stormwater management issues, including: general stormwater management, erosion and sediment control, growth management, floodplain management, shoreland management, neighborhood design, effective building, elicit discharge detection and elimination, ground water protection, operations and maintenance and more. These model ordinances may be used as a starting point for communities to work from in developing and adapting ordinances to local conditions and jurisdictions.