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:*[http://water.epa.gov/lawsregs/guidance/wetlands/sec404.cfm Section 404], Discharge of Dredge or Fill Material into Waters of the U.S.: Section 404 regulates placement of dredged or fill material into “waters of the United States”. Wetlands are one component of “waters of the United States;” however, there are numerous other types including intermittent streams, small perennial streams, rivers, lakes, bays, estuaries, and portions of the oceans. The 404 permit program is administered jointly by USEPA and the U.S. Army Corps of Engineers (USACE). The USACE handles the actual issuance of permits (both individual and general); it also determines whether a particular plot of land is a wetland or water of the United States. The USACE has primary responsibility for ensuring compliance with permit conditions, although USEPA also plays a role in compliance and enforcement. | :*[http://water.epa.gov/lawsregs/guidance/wetlands/sec404.cfm Section 404], Discharge of Dredge or Fill Material into Waters of the U.S.: Section 404 regulates placement of dredged or fill material into “waters of the United States”. Wetlands are one component of “waters of the United States;” however, there are numerous other types including intermittent streams, small perennial streams, rivers, lakes, bays, estuaries, and portions of the oceans. The 404 permit program is administered jointly by USEPA and the U.S. Army Corps of Engineers (USACE). The USACE handles the actual issuance of permits (both individual and general); it also determines whether a particular plot of land is a wetland or water of the United States. The USACE has primary responsibility for ensuring compliance with permit conditions, although USEPA also plays a role in compliance and enforcement. | ||
:*[http://water.epa.gov/polwaste/nps/czmact.cfm Coastal Zone Management Act of 1990, Section 6217]: Section 6217 of the Coastal Zone Management Act requires the 29 states and territories with approved Coastal Zone Management Programs to develop Coastal Nonpoint Pollution Control Programs. In its program, a state or territory describes how it will implement nonpoint source pollution controls, known as management measures, that conform with those described in Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters. This program is administered jointly at the national level with USEPA and the National Oceanic and Atmospheric Administration (NOAA). | :*[http://water.epa.gov/polwaste/nps/czmact.cfm Coastal Zone Management Act of 1990, Section 6217]: Section 6217 of the Coastal Zone Management Act requires the 29 states and territories with approved Coastal Zone Management Programs to develop Coastal Nonpoint Pollution Control Programs. In its program, a state or territory describes how it will implement nonpoint source pollution controls, known as management measures, that conform with those described in Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters. This program is administered jointly at the national level with USEPA and the National Oceanic and Atmospheric Administration (NOAA). | ||
− | *[https:// | + | *[https://www.congress.gov/bill/109th-congress/senate-bill/2735 Dam Safety Act] The Dam Safety and Security Act of 2002 addresses safety and security for dams through the coordination by the FEMA of federal programs and initiatives for dams and the transfer of federal best management practices in dam security to the states. The Act includes resources for the development and maintenance of a national dam safety information network and the development by the National Dam Safety Review Board of a strategic plan that establishes goals, priorities, and target dates to improve the safety and security of dams in the United States. |
− | *[ | + | *[https://www.fema.gov/sites/default/files/2020-07/national-flood-insurance-act-1968.pdf National Flood Insurance Act of 1968]: Federally subsidized flood insurance was made available to owners of flood-prone property through this act. Administered by the Federal Emergency Management Agency (FEMA), participating communities are required to adopt certain minimum floodplain management standards, including restrictions on new development in designated floodways, a requirement that new structures in the 100-year flood zone be elevated to or above the 100-year flood level (known as base flood elevation), and a requirement that subdivisions are designed to minimize exposure to flood hazards. |
*[http://water.epa.gov/lawsregs/rulesregs/sdwa/index.cfm Safe Drinking Water Act]: The Safe Drinking Water Act (SDWA) was originally passed by Congress in 1974 to protect public health by regulating the nation’s public drinking water supply. The law was amended in 1986 and 1996 and requires many actions to protect drinking water and its sources: rivers, lakes, reservoirs, springs, and ground water wells. USEPA sets national standards for drinking water to protect against health risks, taking into consideration available technology and costs. These National Primary Drinking Water Regulations set enforceable maximum contaminant levels for particular contaminants in drinking water or required ways to treat water to remove contaminants. Each standard also includes requirements for water systems to test for contaminants in the water to make sure standards are achieved. In addition to setting these standards, USEPA provides guidance, assistance, and public information about drinking water, collects drinking water data, and oversees state drinking water programs. The most direct oversight of water systems is conducted by state drinking water programs. States can apply to USEPA for primacy, the authority to implement SDWA within their jurisdictions, if they can show that they will adopt standards at least as stringent as USEPA’s and make sure water systems meet these standards. Minnesota has received primacy and the Minnesota Department of Health oversees implementation of the Safe Drinking Water Act in the state. States ensure that water systems test for contaminants, review plans for water system improvements, conduct on-site inspections and sanitary surveys, provide training and technical assistance, and take action against water systems not meeting standards. | *[http://water.epa.gov/lawsregs/rulesregs/sdwa/index.cfm Safe Drinking Water Act]: The Safe Drinking Water Act (SDWA) was originally passed by Congress in 1974 to protect public health by regulating the nation’s public drinking water supply. The law was amended in 1986 and 1996 and requires many actions to protect drinking water and its sources: rivers, lakes, reservoirs, springs, and ground water wells. USEPA sets national standards for drinking water to protect against health risks, taking into consideration available technology and costs. These National Primary Drinking Water Regulations set enforceable maximum contaminant levels for particular contaminants in drinking water or required ways to treat water to remove contaminants. Each standard also includes requirements for water systems to test for contaminants in the water to make sure standards are achieved. In addition to setting these standards, USEPA provides guidance, assistance, and public information about drinking water, collects drinking water data, and oversees state drinking water programs. The most direct oversight of water systems is conducted by state drinking water programs. States can apply to USEPA for primacy, the authority to implement SDWA within their jurisdictions, if they can show that they will adopt standards at least as stringent as USEPA’s and make sure water systems meet these standards. Minnesota has received primacy and the Minnesota Department of Health oversees implementation of the Safe Drinking Water Act in the state. States ensure that water systems test for contaminants, review plans for water system improvements, conduct on-site inspections and sanitary surveys, provide training and technical assistance, and take action against water systems not meeting standards. | ||
*[http://water.epa.gov/lawsregs/guidance/wetlands/sect10.cfm Section 10 of the Rivers and Harbors Act of 1899]: Under Section 10 of the Rivers and Harbors Act of 1899, the USACE regulates the construction of any structure in, over, or under any navigable water of the United States, the excavation/ dredging or deposition of material in these waters or any obstruction or alteration in a navigable water. A Section 10 permit is required from the USACE if the structure or work affects the course, location, condition, or capacity of the water body. | *[http://water.epa.gov/lawsregs/guidance/wetlands/sect10.cfm Section 10 of the Rivers and Harbors Act of 1899]: Under Section 10 of the Rivers and Harbors Act of 1899, the USACE regulates the construction of any structure in, over, or under any navigable water of the United States, the excavation/ dredging or deposition of material in these waters or any obstruction or alteration in a navigable water. A Section 10 permit is required from the USACE if the structure or work affects the course, location, condition, or capacity of the water body. |
This section contains additional information not contained in the section Regulatory information.
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.
Model ordinance sources
Link to this table
Source | Model Ordinance | Link |
---|---|---|
Center for Watershed Protection | Various | http://www.stormwatercenter.net/ |
http://www.cwp.org/ | ||
Department of Natural Resources | Shoreland | https://www.dnr.state.mn.us/waters/watermgmt_section/shoreland/mod-ord.html |
https://www.dnr.state.mn.us/waters/watermgmt_section/shoreland/mod-ord.html | ||
Floodplain | http://www.dnr.state.mn.us/waters/watermgmt_section/floodplain/sample_ordinances.html | |
US Environmental Protection Agency | Various | http://water.epa.gov/polwaste/nps/stormwater.cfm/ |
Metropolitan Council | Stormwater Management | https://metrocouncil.org/Wastewater-Water/Planning/Water-Supply-Planning/Conservation-and-Efficiency/Toolbox.aspx |
Northland NEMO | Various | https://learn.stormwaterone.com/files/6975/MN_Resources_MS4/MN_Introduction_to_Model_Stormwater_Ordinances.pdf (Note these ordinances were developed in 2004 and may therefore be dated) |
This page was last edited on 23 February 2023, at 15:28.