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Local 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.

Contents

Local level implementation

Many programs are administered at the local level. Some of those are discussed below.

Wetland Conservation Act

This program, begun in 1991, regulates drainage, fill, or excavation of wetlands in the state. Proposed projects are required to demonstrate through sequencing requirements that the project first seeks to avoid disturbing the wetland; second try to minimize any impact on the wetland; and finally, when impact is unavoidable, replaces any lost wetland acres, functions, and values. Certain wetland activities are exempt from the act, allowing projects with minimal impact or projects located on land where certain pre-established land uses are present to proceed without regulation

There are two categories for WCA permits:

  1. Water/Wetland Projects
  2. Water/Wetland Projects: Public Transportation and Linear Utility Projects

Projects disturbing wetlands may also require permits or approvals from the Department of Natural Resources, U.S Army Corps of Engineers, and Minnesota Pollution Control Agency. A joint application form has been developed that may be used for application to all of these agencies.

  1. Enabling Legislation: Minnesota Statutes 103G; Minnesota Rules Chapter 8420
  2. Required Permit: Water/Wetland Projects
  3. Regulatory Authority: Local Government Unit; Board of Water and Soil Resources (oversight)
  4. Applicability: Jurisdictional wetlands (meeting the criteria for soil, hydrology, and vegetation outlined in the 1987 Army Corps of Engineers Wetland Delineation Manual)
  5. Stormwater Relationship: Drainage, fill, or excavation of wetlands

Industrial Discharge

This program regulates and monitors industrial discharges into the Metropolitan Disposal System (public sanitary sewer system) to ensure compliance with local and federal regulations. Industrial users discharging wastewater into public sewers are required to apply for an industrial waste permit

There are three categories for industrial waste permits:

  1. Standard discharge permits
  2. Special discharge permits
  3. Liquid waste hauler permits

Below is a summary

  1. Enabling Legislation: Minnesota Statutes, Chapter 473
  2. Required Permit: Industrial Discharge Permit
  3. Regulatory Authority: Metropolitan Council; Minnesota Pollution Control Agency; Environmental Protection Agency
  4. Applicability: Metropolitan Disposal System (public sanitary sewers in Twin Cities Metropolitan area)
  5. Stormwater Relationship: Industrial discharges of wastewater or contaminated stormwater into public sanitary sewer system

Drainage

Public drainage administrative oversight is provided by designated Drainage Authorities. Drainage Authorities may be a County Board, a Joint Ditch Authority composed of representatives from multiple counties, a Watershed District or a Water Management Organization. Drainage law applies to public ditches and conveyance systems and consists of four elements; legal, engineering, environmental, and economic. The Drainage Authority has general authority for regulating and maintaining the public drainage system as it was designed. In accordance with M.S103E.411 Subp 2, the MPCA must approve any plan for connection or outlet of a municipal drainage system to a county drainage system.

  1. Enabling Legislation: Minnesota Statutes 103E; Minnesota Statutes 103D
  2. Required Permit: Local drainage permit
  3. Regulatory Authority: Drainage Authority
  4. Applicability: Public drainage system components
  5. Stormwater Relationship: Conveyance of stormwater

Shoreland Management Program

This program was created in 1969 in response to the Shoreland Management Act and applies to all land within a Shoreland District. Shoreland Districts are defined as lands within 1,000 feet of a lake which is greater than 25 acres (10 acres in municipalities) or within 300 feet of a river with a drainage area two square miles or greater and its designated floodplain defined from the ordinary high water level (OHWL)Local units of government are required to adopt the DNR minimum or stricter standards into their zoning ordinances and permit programs for the use and development of shoreland property. This includes a sanitary code, minimum lot size, minimum water frontage, building setbacks, building heights, land use, BMPs, shoreland alterations, subdivision, and PUD regulations

  1. Enabling Legislation: Minnesota Statutes, Section 103.F01-221; Minnesota Rules Chapter 6120
  2. Required Permit: Local government permits for building construction, installation of sewage treatment systems, and grading and filling
  3. Regulatory Authority: Local Government Unit; DNR, Division of Waters (oversight)
  4. Applicability: All lakes greater than 25 acres (10 acres in Municipalities) and rivers with a drainage area two square miles or greater and their associated floodplains
  5. Stormwater Relationship: Activities on all land within 1,000 feet of a designated lake and 300 feet of a designated river and its designated floodplain

Floodplain Management Program

This program was created in 1969 in response to the State Floodplain Management Act and regulates the construction of structures, roads, bridges or other facilities located within the 100-year floodplain areas

Local units of government for flood prone communities are required to adopt the DNR minimum standards, or stricter, for floodplain management into their ordinances and permit programs. They are also required to enroll and maintain eligibility in the DNR administered National Flood Insurance Program (NFIP), to protect new development and modifications to existing development from flood damages when locating in a flood prone area cannot be avoided.

  1. Enabling Legislation: Minnesota Statutes, Section 103.F01-165; Minnesota Rules Chapter 6120
  2. Required Permit: Local government permits for construction of structures, roads, bridges or other facilities within the floodplain
  3. Regulatory Authority: Local Government Unit; DNR, Division of Waters
  4. Applicability: All areas mapped within the 100-year floodplain
  5. Stormwater Relationship: Construction of structures, roads, bridges or other facilities on any lands within the 100-year floodplain

Lake Improvement District Program

Local citizen initiatives can petition counties to create lake improvement districts in order to address specific concerns within a lake watershed that cannot be addressed under normal governmental actions. Citizens and counties willing to undertake such initiatives gain greater local involvement in the management of their own lakes

  1. Enabling Legislation: Minnesota Statutes, Section 103B.501 - 103B.581; Minnesota Rules Chapter 6115
  2. Required Permit: Local government permits
  3. Regulatory Authority: Local Government Unit; DNR, Division of Waters
  4. Applicability: Lakes
  5. Stormwater Relationship: Activities affecting lakes and associated resources within a lake improvement district