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Frequently Asked Questions

+When Does my Project Need a Permit?

Rule B - Erosion and Sediment Control  

  1. Is your project in the High Value Resource Area (HVRA)? 

  • Yes – go to question 2 

  • No – go to question 3 

  1. Does your project involve the disturb 5,000 square feet or excavate 50 cubic yards or more of earth within the HVRA? 

  • Yes – Rule B Permit Required 

  • No – Rule B Permit not required 

  1. Does your project disturb 1 or more acres of land? 

  • Yes – Rule B Permit required 

  • No – Rule B Permit not required 

  1. For exceptions to Rule B, please read section 3.3 of District rules. 

Rule C – Floodplain and Drainage alteration  

  1. Is there any temporary or permanent alteration or filling of land and/or redirection of flow below the 100-year floodplain? (Alteration is defined by Lower MInnesota River Watershed District (LMRWD) as any activity that will change or diminish the supply, course, current, or cross section of an existing drainage way, public waters, or LMRWD overlay district).  

  • Yes- Rule C Permit required 

  • No – Rule C Permit not required 

  1. For exceptions to Rule C, please read section 4.3 of District rules.

Rule D – Stormwater Management 

  1. Is your project in the High Value Resource Area (HVRA)? 

  1. Yes – go to question 2 

  1. No – go to question 3 

  1. Does your project develop, redevelop, or reconstruct impervious areas greater than 10,000 square feet in the HVRA? 

  1. Yes – Rule D Permit Required 

  1. No – Rule D Permit not required 

  1. Does your project develop, redevelop, or reconstruct impervious areas greater than 1 acre? 

  1. Yes – Rule D Permit required 

  1. No – Rule D Permit not required 

  1. For exceptions to Rule D, please read section 5.3 of District rules. 

Rule F – Steep Slopes 

  1. Is your project in the steep slopes overlay district (SSOD) 

  1. Yes – Go to question 2 

  1. No – Rule F Permit not required 

  1. Does your project involve the excavation of 50 cubic yards or more of earth, or displacement or removal of 5,000 square feet or more of surface area or vegetation 

  1. Yes – Rule F Permit required 

  1. No – go to question 3  

  1. Does your project require a municipal or LGU permit for grading, building, parking lot, or foundation construction that results in a net increase of impervious surface within or stormwater runoff to the SSOD? 

  1. Yes – Rule F Permit required 

  1. No – Permit not required  

  1. For exceptions to Rule F, please read section 7.3 of DIstrict rules.

+Are There Any Exceptions to the Rules?

  1. For exceptions to the LMRWD Rules, please read the sections listed below: 

  • Rule B, Section 3.3 

  • Rule C, Section 4.3 

  • Rule D, Section 5.3 

  • Rule F, Section 7.3 

  1. If you are unsure if your project is an exception to an LMRWD Rule, please fill out a permit application with the supporting documentation and ask for clarification. Someone from the permitting staff will reach out within 15 business days to clarify.  

+ What is the project review timeline for permit applications? 

Applicants must submit complete permit applications at least 20 business days prior to the board meeting at which you wish to be considered. A complete application contains all required exhibits outlined in the applicable Rules and complies with the LMRWD Rules. The initial permit review takes 15 business days. You will then receive a completeness email notifying you whether your application is complete, or if your application is incomplete with a list of missing or noncompliant items. Incomplete projects will not be considered by the board. We strongly suggest that you submit permit applications at least 60 days (2 months) prior to the board meeting at which you wish to be considered. Larger, more complex projects may need even more review time.   

+ My Project Triggers Rule D-What are the Stormwater Management Requirements?  

  1. Rate Control  

Proposed runoff rates shall not exceed existing runoff rates for the 2, 10, and 100-year storm events using Atlas 14 rainfall with MSE3 rainfall distributions 

  1. Volume Reduction  

General Projects:  Retain 1 inch of runoff from new and/or reconstructed impervious surfaces 

HVRA Projects: 

  • New Development: Retain 1 inch of runoff from new impervious surfaces within the HVRA   

  • Redevelopment: Retain 1.1 inches of runoff from new and/or fully reconstructed impervious surfaces within the HVRA  

  • Linear projects shall capture and retain the larger of the following: 0.55 inch of runoff from the new and fully reconstructed impervious surfaces  or 1.1 inches of runoff from the net increase in impervious area 

  1. Water Quality 

General Projects: Projects shall have no net increase from existing conditions in total phosphorus (TP) and total suspended solids (TSS) 

HVRA Projects: 

  • New Development: Projects shall decrease TP and TSS by 60 percent and 80 percent, respectively, from existing conditions. 

  • Redevelopment: Projects shall have no net increase from existing conditions in TP and TSS. 

+ What if I am Not Able to Infiltrate on My Site?

If infiltration is not feasible on site, applicants must submit sufficient supporting documentation with their permit application. Applicants should refer to the National Pollutant Discharge Elimination System (NPDES) Construction Stormwater General Permit (issued by the Minnesota Pollution Control Agency August 1, 2018, as amended), for design requirements of alternative volume control practices such as filtration best management practices (BMPs), wet sedimentation basins, or regional ponds. 

+ What is the Steep Slopes Overlay District (SSOD) and Is My Property WIthin It?

A SSOD is a subarea within the LMRWD containing steep slopes, which means a feature having average slopes of 18% or greater measured over a horizontal distance of 25 feet or more. Use the interactive map available on the LMRWD website to see the general locations of the SSOD. The SSOD shapefile is available for download here. The LMRWD reserves the right to adjust these boundaries based on new/more accurate information.  

+ What is a High Value Resource Area (HVRA)?

HVRAs are drainage areas that contribute direct surface runoff to LMRWD high value resources such as trout waters and calcareous fens. Use the interactive map available on the LMRWD website to see the general locations of HVRAs. The LMRWD reserves the right to adjust these boundaries based on new/more accurate information. 

+What Does Conditional Approval of a Permit Mean?

When a permit is conditionally approved by the LMRWD Board of Managers, it means that the permit applicant is substantially complete and that no further revisions are needed, but some items need to be taken care of before the permit is executed. This is usually the NPDES construction stormwater permit, contractor information, recording of maintenance agreements, etc. The conditions will be clearly communicated to you when your permit receives conditional approval. As soon as these conditions are met the permit will be issued.  

+How Long Will My Permit Remain Active?

Once a permit has been issued, it is active for 1 year. Permits can be renewed yearly and there are no limit on renewals.  

+ What if I Do Not Own the Property that I Plan to Develop? 

  1. If an applicant does not own the property, but is planning to purchase the property, they must provide evidence that they plan to purchase the property  (i.e., purchase agreement, updated plat, new property title, etc.). For conditional approval, the applicant may submit a draft copy; however, the LMRWD requires an executed copy that has been recorded with the appropriate County in order to issue the permit. 

  1. If an applicant does not own and is not planning to purchase the property where construction is proposed, a signed authorization of agent form is required. 

+What is an Authorization of Agent Form?

  1. The authorization of agent form allows individuals to act as the agent for the record owner of real property on which the project is to occur. In other words, the current property owner gives permission to another individual to act on their behalf with regards to the project. Common authorized agents include: the project engineer, contractor, project manager, etc.  

  1. If an applicant does not own, or is not planning to purchase, the property where construction is proposed a signed authorization of agent form is required.  

  1. The authorization of agent form can be downloaded here.  

+What if I do Not Know if My Project Requires a Permit?

If you are unsure if your project requires a permit, please submit an online permit application, relevant stormwater management narratives, and construction plans. Someone from the permitting team will reach out within 15 business to clarify if your project requires a permit.  

+What Issues Will Delay My Permit?

The following list of overlooked submittal items in permit applications may lead to delays with your approval! Research these ahead of time to know what to include and fast-track approval.

Erosion and Sediment Control

  • Include a map that shows the entire disturbed area and where the disturbance is occurring. Use different hatching or colors to differentiate between disturbed areas. Identify the quantity of disturbed area for each non-contiguous area.
  • A plan sheet showing:
    • Proposed perimeter control and locations of temporary erosion and sediment control measures.
    • How disturbed soils will be revegetated and finally stabilized (e.g.; seed and mulch, sod, landscaping, hydro-seeding, etc.).
    • For projects that require a National Pollutant Discharge Elimination System (NPDES) permit, applicant must provide a copy of the Stormwater Pollution Prevention Plan (SWPPP)

Floodplain and Drainage Alteration

  • A site plan showing:
    • Existing and proposed elevation contours.
    • Existing and proposed 100-year flood elevations determined by a professional engineer. 
  • Tabulation of cut and fill resulting from the proposed activity within the floodplain. Clearly identify where the cut and fill is occurring through unique hatching and colors on a map. Identify the quantity of cut and fill for each non-contiguous area.
  • Provide documentation of the change in water storage capacity and conveyance by including a supporting hydraulic model. Provide a narrative to go with the model that describes what edits were made to the model to represent the proposed conditions. Include images, maps, and tables as necessary to support the narrative.

Stormwater Management

  • Include a map(s) that shows:
    • Existing and proposed impervious surfaces (including new and reconstructed impervious areas). Use different hatching or colors to differentiate between the impervious areas. Identify the quantity of impervious area for each non-contiguous area.
    • Existing and proposed drainage areas.
    • Existing and proposed stormwater management.
    • Location and extents of stormwater best management practices (BMPs).
  • Provide outlet control structure details.
  • If proposing infiltration, provide data that shows infiltration is feasible. If infiltration is infeasible, provide data that shows infiltration is infeasible.
    • Data may include: soil borings, Drinking Water Supply Management Area (DWSMA) maps, locations of contamination, infiltration testing, etc. Refer to the infiltration prohibitions listed in Rule D.
  • ​​​​Provide modeling inputs and outputs to support the rate control, volume control, and water quality analyses. Modeling inputs (drainage areas, culvert sizes and inverts, stormwater BMP elevations, etc.) must match the plan set.
  • Provide a storage curve for each stormwater BMP to support the volume control analysis.

  • If off-site stormwater BMPs or regional BMPs are proposed, provide documentation demonstrating that the applicant holds the legal rights necessary to discharge to any off-site stormwater facility/facilities used for compliance; that the proposed design is in compliance with the original off-site stormwater facility design assumptions and capacity; and that the facility/facilities are subject to a maintenance document satisfying the requirements of Rule D.