As Amended May 25, 2000

1. FINDINGS. The Board finds that:

(a) public awareness of and compliance with the permitting process will be served by a policy of charging a minimal permit application fee. By encouraging applicants to seek permits for potential projects, the public benefits by reduced inspection and enforcement costs;

(b) it is in the public interest that certain projects, involving larger scale development or development in sensitive locations, be inspected by District staff to provide the Board sufficient information to evaluate compliance with District rules and applicable law; and

(c) from time to time persons perform work requiring a permit from the District without a permit, and persons perform work in violation of an issued District permit. The Board finds that its costs of engineering inspection and analysis in such cases exceeds those where the applicant has complied with District requirements. The Board further concludes that its annual tax levy should not be used to pay such costs which are incurred because of a failure to meet District requirements. Therefore, the Board adopts a rule charging fees to the responsible persons in such cases.

2. FEE. A permit processing fee in an amount set by Board resolution shall be paid by each applicant before the application is acted on by the District. A site inspection by District staff shall be performed in the following cases:

(a) commercial, industrial, or multi-family residential developments;

(b) single family residential developments greater than 5 acres or of any size if within the Minnehaha Creek subwatershed;

(c) any alterations of a floodplain or wetland;

(d) any dredging within a waterbody;

(e) where any person performs any work for which a permit is required under these rules without having first obtained a permit from the District, or, performs any work in violation of any terms or conditions of a permit issued by the District under these rules; or

(f) any project that, due to its location, scope, or construction techniques, requires inspection in order to determine compliance within District rules and applicable law.

In these cases, the applicant or person responsible for the violation shall pay to the District a fee equal to the District's actual costs of field inspection of the work, including investigation of the area affected by the work, analysis of the work, services of a consultant, including engineering and legal consultants, and any subsequent monitoring of the work, which in the case of a violation are incurred after notice of violation from the District. Inspection fees shall be at least $35.

3. PROCEDURE AND PAYMENT OF FEE.

(a) The District shall notify any person performing such work described in paragraph 2(a) of this rule of the violation. If a permit has not been issued for the work, the person performing the work shall promptly apply for a permit. If a permit has previously been issued, the Board shall rescind the permit if it finds violations of permit terms.

(b) Upon receipt of a permit application exhibits and completion of any necessary inspection and analysis showing that the work is to be performed is in accordance with District requirements, the Board may issue a permit. Upon permit approval, the Board shall notify the person who is liable for the fee described in paragraph 2 of this rule of the fee due. The fee shall be paid to the District within thirty (30) days from the date of permit approval and shall be received by the District prior to actual issuance of the permit.

(c) In cases where the permit approved by the Board requires further monitoring of the project by District staff, the District shall notify the applicant of the monitoring fee due. The fee shall be paid to the district within thirty (30) days from the date of notice and failure to pay the fee shall constitute a violation of the permit terms and the Board may rescind the permit.

4. RECOVERY OF FEE. The fee provided for in this rule may be recovered by the District by any legal action authorized by law.

5. FAST-TRACK DEPOSIT. In the case of a fast-track permit application under these rules, in lieu of the operation of paragraphs 3 and 4 of this rule, an applicant at the time of application shall provide a deposit in an amount set by Board resolution to cover the application fee and District costs in the event of inspection. On a determination that the project has been completed in compliance with the permit, the balance of the deposit shall be returned to the applicant. This paragraph shall not limit the responsibility of the applicant for additional fees under section 2 and paragraph 3(c) of this rule.

6. GOVERNMENTAL AGENCIES EXEMPT. The fee in Paragraphs 2 and 5 shall not be charged to any agency of the United States or any governmental unit in the State of Minnesota.