Summary of federal and state stormwater related permits.
Link to this table

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.
*C.F.R. - 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.)

This page was last edited on 22 December 2022, at 21:57.