MCWD: Rule N Checklist

To meet Rule N requirements, please complete the following checklist and submit the required material.

Section 2: APPLICABILITY OF STORMWATER MANAGEMENT PERMIT REQUIREMENTS. As provided herein, before creating any impervious surface or changing the contours of a parcel of land in a way that affects the direction, peak rate or water quality of storm flows from the parcel, a developer of land for residential, commercial, industrial, institutional, or public roadway, sidewalk or trail uses shall submit a stormwater management plan to the District, and secure a permit from the District approving the plan. Any activity that will divert storm flows out of the watershed must demonstrate that the diversion is not injurious to water resource management purposes set forth in sections 103B.201 and 103D.201 of the Minnesota Statutes. All permit applications shall conform to and be reviewed in accordance with the provisions of Rule A of these rules. The plan shall provide for compliance with the requirements of this rule for BMP’s, rate control and water quality control, as applicable. The applicability of the stormwater management requirements set forth in this rule to a given development or redevelopment is set forth at paragraphs (A) through (E) of this section.

To assess Rule N requirements, please check any/all that apply:

(A) Single-Family Home Construction. A permit is not required for the construction or reconstruction of a single-family home or its residential appurtenances.

(B) Single-Family, Developed or Redeveloped Subdivisions. A permit is not required from the MCWD for construction on less than two (2) acres with a density of two (2) units or less per acre. A permit is required for residential development or redevelopment of subdivisions with a density of two (2) units or less per acre on sites of two (2) acres or more, as follows:

(1) For development or redevelopment of subdivisions of two (2) acres or more but less than eight (8) acres, the Best Management Practices provisions set forth in section 3 of Rule N are required;

(2) For development or redevelopment of subdivisions of eight (8) acres or more but less than twenty (20) acres, the Best Management Practices provisions set forth in section 3 and the Water Quantity Control provisions set forth in section 4 of Rule N are required;

(3) For development or redevelopment of subdivisions of twenty (20) acres or more, the Best Management Practices provisions set forth in section 3, the Water Quantity Control provisions set forth in section 4, and the Water Quality provisions set forth in section 5 of Rule N are required.

(C) Medium Density Residential Land Development. A permit is not required for the development or redevelopment on a site of less than two (2) acres of residential subdivisions with single-family units at a density of more than two (2) units per acre or multi-unit residential development or redevelopment, at a density of less than eight (8) units per acre. A permit is required for development or redevelopment on a site of two (2) acres or more of residential subdivisions with a density of more than two (2) units per acre or multi-unit residential development or redevelopment at a density of less than eight (8) units per acre, as follows:

(1) For development or redevelopment of two (2) acres or more but less than five (5) acres, the Best Management Practices provisions set forth in section 3 of Rule N are required;

(2) For development or redevelopment of five (5) acres or more but less than eight (8) acres, the Best Management Practices provisions set forth in section 3 and the Water Quantity control provisions set forth in section 4 of Rule N are required;

(3) For development or redevelopment of eight (8) acres or more, the Best Management Practices provisions set forth in section 3, the Water Quantity Control provisions set forth in section 4, and the Water Quality provisions set forth in section 5 of Rule N are required.

(D) Commercial, Industrial, or Institutional Development or Redevelopment; Mixed Use; High Density Residential Development or Redevelopment. A permit is required for commercial, industrial, institutional or mixed-use development or redevelopment, or for multi-unit residential development or redevelopment at a density greater than or equal to eight (8) units per acre, as follows:

(1) For all development or redevelopment, the Best Management Practices provisions set forth in section 3 of Rule N are required;

(2) For development or redevelopment activities on sites of one-half (1/2) acre or more but less than eight (8) acres, the Best Management Practices provisions set forth in section 3 and the Water Quantity Control provisions set forth in section 4 of Rule N are required;

(3) For development or redevelopment activities on sites of eight (8) acres or more, the Best Management Practices provisions set forth in section 3, the Water Quantity Control provisions set forth in section 4, and the Water Quality provisions set forth in section 5 of Rule N are required.

(E) Roads, Streets, Highways, Sidewalks, and Trails. A permit is not required for the maintenance or improvement of a public or private road, street, highway, sidewalk, trail or other linear way not otherwise regulated under paragraphs (A) through (D), IF the project does not result in a net increase in impervious surface. A permit is required for a public or private road, street, highway, sidewalk, trail or other linear way that results in a net increase in impervious surface area, as follows:

(1) For projects that result in a net increase in impervious surface of less than one (1) acre, the Best Management Practices in section 3 of Rule N will be required;

(2) For projects that result in a net increase in impervious surface of one (1) acre or more, but the total project area is less than five (5) acres, the Best Management Practices provisions set forth in section 3 and the Water Quantity Control provisions set forth in section 4 of Rule N are required to treat the increase;

(3) For projects that result in a net increase in impervious surface of one (1) acre ore more and the total project area is five (5) acres or more, the Best Management Practices provisions set forth in section 3, the Water Quantity Control provisions set forth in section 4, and the Water Quality provisions set forth in section 5 of Rule N are required to treat the increase;

(4) Sidewalks and trails that do not exceed ten (10) feet in width and are bordered by a pervious buffer of at least five feet on each side do not require a permit and are not included in any calculation of net increase in impervious surface when part of a road or street project. The interruption of pervious buffer by streets, driveways or other impervious surfaces crossing a sidewalk or trail does not invalidate this exception provided that these impervious surfaces do not exceed 25 percent of the area of the required pervious buffer.

(F) Surety. A performance bond or other surety in a form satisfactory to the District is required (following Board approval) for all activity, including clearing, grading, and excavation, that results in the disturbance of five (5) or more acres of land. The District will not require a performance bond or other type of surety from cities, townships, municipal corporations, counties, the state or federal government, or agencies of any of the aforementioned.

(G) Common Scheme of Development. In determining stormwater management requirements under this section, development or redevelopment on adjacent sites under common or related ownership shall be considered in the aggregate. The requirements applicable to a development or redevelopment under this section shall be determined with respect to all development that has occurred on the site, or on adjacent sites under common or related ownership, since the date Rule N took effect.

(H) Additional Development or Redevelopment on Developed Sites. When the impervious area on a site is increased by 50 percent or more, the requirements imposed by Rule N will be determined with respect to the site in a pre-development condition. When the impervious area on a site is increased by less than 50 percent, the requirements imposed by Rule N will be determined with respect to only the additional impervious surface and site alteration proposed.

Section 6. REQUIRED EXHIBITS. Include sufficient documentation of the locations within the submittal of each of the requested items:

(A) If the water quantity or water quality provisions set forth in sections 4 and 5 of Rule N apply to a proposed development, plans certified by a professional engineer registered in the State of Minnesota and reflecting the following items shall accompany the permit application (one set of plans must be full size; one set must be reduced to a maximum size of 11" x 17"):

(1) Property lines and delineation of lands under ownership of the applicant.

(2) Delineation of the subwatershed contributing runoff from off-site and proposed and existing subwatersheds on-site (i.e. drainage maps).

(3) Proposed and existing stormwater facilities location, alignment, and elevation.

(4) Delineation of existing on-site wetland, marshes, shoreland, and/or floodplain areas.

(5) Identification, description, permeability and approximate delineation of site soils in both existing and proposed as-developed condition, for applications proposing infiltration as a stormwater management practice.

(6) Existing and proposed, normal and 100 year water elevations on-site.

(7) Existing and proposed site contour elevations at two-foot intervals, related to NGVD, 1929 datum.

(8) Construction plans and specifications of all proposed stormwater management facilities.

(9) Stormwater runoff volume and rate analyses for the 1, 10 and 100 year critical events, existing and proposed conditions (if rate control requirements apply).

(10) All hydrologic, water quality and hydraulic computations completed to design the proposed stormwater management facilities (if applicable).

(11) Documentation indicating conformance with an existing municipal stormwater management plan. When a municipal plan does not exist, documentation that the municipality has reviewed the project.

(12) Delineation of any flowage easements or other property interests dedicated to stormwater management purposes, including, but not limited to, county or judicial ditches.

(13) Documentation that the project has received a National Pollutant Discharge Elimination System (NPDES) Stormwater Permit from the Minnesota Pollution Control Agency (MPCA) if required by the MPCA, once available.

(B) A maintenance agreement shall be submitted (following Board approval) for: stormwater treatment ponds, outlet structures for such ponds, culverts, outfall structures, and all other stormwater facilities. The maintenance agreement shall specify the methods, schedule and responsible parties for maintenance and must include at a minimum, the elements contained in the District’s Maintenance Agreement Form. A Maintenance Agreement Form will be provided to the applicant for use by the applicant as a maintenance agreement or as guidance if the applicant desires to draft a separate maintenance agreement. The maintenance agreement must be filed of record in the county recorder’s office before any land-altering activity occurs at the site.

(D) Documentation of project size (in acreage).

(E) Document the net increase in impervious surface (acreage).

SPECIFIC REQUIREMENTS. Check only those that apply:

(A) BEST MANAGEMENT PRACTICES REQUIREMENTS (Section 3).

BMPs consist of site design, structural and non-structural practices. BMPs must be incorporated in all projects requiring a permit under this rule to limit creation of impervious surface, maintain or enhance on-site infiltration and peak flow control and limit pollutant generation on and discharge from the site. BMP's must be consistent with specifications of the MPCA manual "Protecting Water Quality in Urban Areas (revised July 1991) and its future revisions. The Board in its discretion may allow a BMP not addressed in the MPCA manual on a demonstration of its effectiveness or if its application will generate new and useful data or information regarding its effectiveness.

(1) All applications for which compliance only with BMP’s is required shall delineate buildings and structures showing that door and window openings are a minimum of two feet above the 100-year high water elevation.

(2) Provide a list of all permanent BMP's.

(B) WATER QUANTITY CONTROL REQUIREMENTS (Section 4).

(1) Development on a site shall not increase the peak rate of stormwater runoff at the down-gradient site boundary from the rate existing before the proposed development. The criterion shall be analyzed and met for runoff- producing events of critical duration with return frequencies of 1, 10 and 100 years in the subwatershed in which the site is located.

(2) Natural existing low areas will be used, where feasible, for detention of runoff to comply with rate control criteria. Reservoir routing procedures and critical duration runoff events shall be used for design of detention areas and outlets.

(3) The proposed project shall not adversely affect water levels off the site during or after construction.

(4) Runoff tributary to the project must be accommodated in the analyses and design of new stormwater management facilities.

(5) The volume of runoff may not increase due to the project when the receiving area of said runoff is landlocked and not capable of handling the increased volume of runoff. In addition, the applicant shall either own or have proper rights over the landlocked property to handle water from the development. Back-to-back 100-year runoff events will be used to analyze holding capacity and freeboard for landlocked areas.

(6) All stormwater rate control facilities shall be located above the projected 100-year flood elevation for the site and within drainage, utility and/or flowage easements to provide access and to prevent future alteration or encroachment.

(7) Water quantity control methods and facilities used or constructed pursuant to this rule shall be in conformance with approved Municipal Stormwater Management Plans.

(8) Outfall structures shall incorporate designs to minimize erosion and scouring.

(9) New buildings and structures shall have door and window openings a minimum of two feet above the 100 year high water elevation.

(1) Facilities shall be established on site to meet the water quality standards of this section. Facilities, including wet detention ponds and other systems using BMP's in addition to or in place of ponding, shall be designed to reduce phosphorus loading at the down-gradient site boundary by at least 50 percent on an annual average removal basis. The applicant shall demonstrate that this requirement is met using a model and methodology that is acceptable to the District. Total tributary drainage area shall be used to calculate permanent pool volume.

(2) Pond outlets shall remove floatables from runoff before discharge for a one-year event.

(3) All ponds must provide a ten-(10) foot safety bench at a slope no steeper than 10:1 (H:V) and two (2) feet of freeboard above the 100-year pond level.

(4) Quality control facility outfall structures shall incorporate designs to minimize erosion and scouring.

(5) New buildings and structures shall have door and window openings a minimum of two feet above the 100 year high water elevation.

ADDITIONAL INFORMATION. The District may require any additional information or data, as it finds relevant and necessary to evaluate and act on an application.


		Rule N Checklist To meet Rule N requirements, please complete the following checklist and submit the required material. Section 2: APPLICABILITY OF STORMWATER MANAGEMENT PERMIT REQUIREMENTS. As provided herein, before creating any impervious surface or changing the contours of a parcel of land in a way that affects the direction, peak rate or water quality of storm flows from the parcel, a developer of land for residential, commercial, industrial, institutional, or public roadway, sidewalk or trail uses shall submit a stormwater management plan to the District, and secure a permit from the District approving the plan. Any activity that will divert storm flows out of the watershed must demonstrate that the diversion is not injurious to water resource management purposes set forth in sections 103B.201 and 103D.201 of the Minnesota Statutes. All permit applications shall conform to and be reviewed in accordance with the provisions of Rule A of these rules. The plan shall provide for compliance with the requirements of this rule for BMP’s, rate control and water quality control, as applicable. The applicability of the stormwater management requirements set forth in this rule to a given development or redevelopment is set forth at paragraphs (A) through (E) of this section. To assess Rule N requirements, please check any/all that apply: (A) Single-Family Home Construction. A permit is *not required* for the construction or reconstruction of a single-family home or its residential appurtenances. (B) Single-Family, Developed or Redeveloped Subdivisions. A permit is *not required* from the MCWD for construction on less than two (2) acres with a density of two (2) units or less per acre. A permit is required for residential development or redevelopment of subdivisions with a density of two (2) units or less per acre on sites of two (2) acres or more, as follows: (1) For development or redevelopment of subdivisions of two (2) acres or more but less than eight (8) acres, the *Best Management Practices* provisions set forth in section 3 of Rule N are required; (2) For development or redevelopment of subdivisions of eight (8) acres or more but less than twenty (20) acres, the *Best Management Practices* provisions set forth in section 3 and the *Water Quantity Control* provisions set forth in section 4 of Rule N are required; (3) For development or redevelopment of subdivisions of twenty (20) acres or more, the *Best Management Practices* provisions set forth in section 3, the *Water Quantity Control* provisions set forth in section 4, and the *Water Quality* provisions set forth in section 5 of Rule N are required. (C) Medium Density Residential Land Development. A permit is *not required* for the development or redevelopment on a site of less than two (2) acres of residential subdivisions with single-family units at a density of more than two (2) units per acre or multi-unit residential development or redevelopment, at a density of less than eight (8) units per acre. A permit is required for development or redevelopment on a site of two (2) acres or more of residential subdivisions with a density of more than two (2) units per acre or multi-unit residential development or redevelopment at a density of less than eight (8) units per acre, as follows: (1) For development or redevelopment of two (2) acres or more but less than five (5) acres, the *Best Management Practices* provisions set forth in section 3 of Rule N are required; (2) For development or redevelopment of five (5) acres or more but less than eight (8) acres, the *Best Management Practices* provisions set forth in section 3 and the *Water Quantity* control provisions set forth in section 4 of Rule N are required; (3) For development or redevelopment of eight (8) acres or more, the *Best Management Practices* provisions set forth in section 3, the *Water Quantity Control* provisions set forth in section 4, and the *Water Quality* provisions set forth in section 5 of Rule N are required. (D) Commercial, Industrial, or Institutional Development or Redevelopment; Mixed Use; High Density Residential Development or Redevelopment. A permit is required for commercial, industrial, institutional or mixed-use development or redevelopment, or for multi-unit residential development or redevelopment at a density greater than or equal to eight (8) units per acre, as follows: (1) For all development or redevelopment, *the Best Management Practices* provisions set forth in section 3 of Rule N are required; (2) For development or redevelopment activities on sites of one-half (1/2) acre or more but less than eight (8) acres, the *Best Management Practices* provisions set forth in section 3 and the *Water Quantity Control* provisions set forth in section 4 of Rule N are required; (3) For development or redevelopment activities on sites of eight (8) acres or more, the *Best Management Practices* provisions set forth in section 3, the *Water Quantity Control* provisions set forth in section 4, and the *Water Quality* provisions set forth in section 5 of Rule N are required. (E) Roads, Streets, Highways, Sidewalks, and Trails. A permit is *not required* for the maintenance or improvement of a public or private road, street, highway, sidewalk, trail or other linear way not otherwise regulated under paragraphs (A) through (D), IF the project does not result in a net increase in impervious surface. A permit is required for a public or private road, street, highway, sidewalk, trail or other linear way that results in a net increase in impervious surface area, as follows: (1) For projects that result in a net increase in impervious surface of less than one (1) acre, the *Best Management Practices* in section 3 of Rule N will be required; (2) For projects that result in a net increase in impervious surface of one (1) acre or more, but the total project area is less than five (5) acres, the *Best Management Practices* provisions set forth in section 3 and the *Water Quantity Control* provisions set forth in section 4 of Rule N are required to treat the increase; (3) For projects that result in a net increase in impervious surface of one (1) acre ore more and the total project area is five (5) acres or more, the *Best Management Practices* provisions set forth in section 3, the *Water Quantity Control* provisions set forth in section 4, and the *Water Quality* provisions set forth in section 5 of Rule N are required to treat the increase; (4) Sidewalks and trails that do not exceed ten (10) feet in width and are bordered by a pervious buffer of at least five feet on each side *do not require a permit* and are not included in any calculation of net increase in impervious surface when part of a road or street project. The interruption of pervious buffer by streets, driveways or other impervious surfaces crossing a sidewalk or trail does not invalidate this exception provided that these impervious surfaces do not exceed 25 percent of the area of the required pervious buffer. (F) Surety. A performance bond or other surety in a form satisfactory to the District is required (following Board approval) for all activity, including clearing, grading, and excavation, that results in the disturbance of five (5) or more acres of land. The District will not require a performance bond or other type of surety from cities, townships, municipal corporations, counties, the state or federal government, or agencies of any of the aforementioned. (G) Common Scheme of Development. In determining stormwater management requirements under this section, development or redevelopment on adjacent sites under common or related ownership shall be considered in the aggregate. The requirements applicable to a development or redevelopment under this section shall be determined with respect to all development that has occurred on the site, or on adjacent sites under common or related ownership, since the date Rule N took effect. (H) Additional Development or Redevelopment on Developed Sites. When the impervious area on a site is increased by 50 percent or more, the requirements imposed by Rule N will be determined with respect to the site in a pre-development condition. When the impervious area on a site is increased by less than 50 percent, the requirements imposed by Rule N will be determined with respect to only the additional impervious surface and site alteration proposed. Section 6. REQUIRED EXHIBITS. Include sufficient documentation of the locations within the submittal of each of the requested items: (A) If the water quantity or water quality provisions set forth in sections 4 and 5 of Rule N apply to a proposed development, plans certified by a professional engineer registered in the State of Minnesota and reflecting the following items shall accompany the permit application (one set of plans must be full size; one set must be reduced to a maximum size of 11" x 17"): (1) Property lines and delineation of lands under ownership of the applicant. (2) Delineation of the subwatershed contributing runoff from off-site and proposed and existing subwatersheds on-site (i.e. drainage maps). (3) Proposed and existing stormwater facilities location, alignment, and elevation. (4) Delineation of existing on-site wetland, marshes, shoreland, and/or floodplain areas. (5) Identification, description, permeability and approximate delineation of site soils in both existing and proposed as-developed condition, for applications proposing infiltration as a stormwater management practice. (6) Existing and proposed, normal and 100 year water elevations on-site. (7) Existing and proposed site contour elevations at two-foot intervals, related to NGVD, 1929 datum. (8) Construction plans and specifications of all proposed stormwater management facilities. (9) Stormwater runoff volume and rate analyses for the 1, 10 and 100 year critical events, existing and proposed conditions (if rate control requirements apply). (10) All hydrologic, water quality and hydraulic computations completed to design the proposed stormwater management facilities (if applicable). (11) Documentation indicating conformance with an existing municipal stormwater management plan. When a municipal plan does not exist, documentation that the municipality has reviewed the project. (12) Delineation of any flowage easements or other property interests dedicated to stormwater management purposes, including, but not limited to, county or judicial ditches. (13) Documentation that the project has received a National Pollutant Discharge Elimination System (NPDES) Stormwater Permit from the Minnesota Pollution Control Agency (MPCA) if required by the MPCA, once available. (B) A maintenance agreement shall be submitted (following Board approval) for: stormwater treatment ponds, outlet structures for such ponds, culverts, outfall structures, and all other stormwater facilities. The maintenance agreement shall specify the methods, schedule and responsible parties for maintenance and must include at a minimum, the elements contained in the District’s Maintenance Agreement Form. A Maintenance Agreement Form will be provided to the applicant for use by the applicant as a maintenance agreement or as guidance if the applicant desires to draft a separate maintenance agreement. The maintenance agreement must be filed of record in the county recorder’s office before any land-altering activity occurs at the site. (C) Geotechnical soil boring results if available. (D) Documentation of project size (in acreage). (E) Document the net increase in impervious surface (acreage). SPECIFIC REQUIREMENTS. Check only those that apply: (A) BEST MANAGEMENT PRACTICES REQUIREMENTS (Section 3). BMPs consist of site design, structural and non-structural practices. BMPs must be incorporated in all projects requiring a permit under this rule to limit creation of impervious surface, maintain or enhance on-site infiltration and peak flow control and limit pollutant generation on and discharge from the site. BMP's must be consistent with specifications of the MPCA manual "Protecting Water Quality in Urban Areas (revised July 1991) and its future revisions. The Board in its discretion may allow a BMP not addressed in the MPCA manual on a demonstration of its effectiveness or if its application will generate new and useful data or information regarding its effectiveness. (1) All applications for which compliance only with BMP’s is required shall delineate buildings and structures showing that door and window openings are a minimum of two feet above the 100-year high water elevation. (2) Provide a list of all permanent BMP's. (B) WATER QUANTITY CONTROL REQUIREMENTS (Section 4). (1) Development on a site shall not increase the peak rate of stormwater runoff at the down-gradient site boundary from the rate existing before the proposed development. The criterion shall be analyzed and met for runoff- producing events of critical duration with return frequencies of 1, 10 and 100 years in the subwatershed in which the site is located. (2) Natural existing low areas will be used, where feasible, for detention of runoff to comply with rate control criteria. Reservoir routing procedures and critical duration runoff events shall be used for design of detention areas and outlets. (3) The proposed project shall not adversely affect water levels off the site during or after construction. (4) Runoff tributary to the project must be accommodated in the analyses and design of new stormwater management facilities. (5) The volume of runoff may not increase due to the project when the receiving area of said runoff is landlocked and not capable of handling the increased volume of runoff. In addition, the applicant shall either own or have proper rights over the landlocked property to handle water from the development. Back-to-back 100-year runoff events will be used to analyze holding capacity and freeboard for landlocked areas. (6) All stormwater rate control facilities shall be located above the projected 100-year flood elevation for the site and within drainage, utility and/or flowage easements to provide access and to prevent future alteration or encroachment. (7) Water quantity control methods and facilities used or constructed pursuant to this rule shall be in conformance with approved Municipal Stormwater Management Plans. (8) Outfall structures shall incorporate designs to minimize erosion and scouring. (9) New buildings and structures shall have door and window openings a minimum of two feet above the 100 year high water elevation. (C) WATER QUALITY REQUIREMENTS (Section 5). (1) Facilities shall be established on site to meet the water quality standards of this section. Facilities, including wet detention ponds and other systems using BMP's in addition to or in place of ponding, shall be designed to reduce phosphorus loading at the down-gradient site boundary by at least 50 percent on an annual average removal basis. The applicant shall demonstrate that this requirement is met using a model and methodology that is acceptable to the District. Total tributary drainage area shall be used to calculate permanent pool volume. (2) Pond outlets shall remove floatables from runoff before discharge for a one-year event. (3) All ponds must provide a ten-(10) foot safety bench at a slope no steeper than 10:1 (H:V) and two (2) feet of freeboard above the 100-year pond level. (4) Quality control facility outfall structures shall incorporate designs to minimize erosion and scouring. (5) New buildings and structures shall have door and window openings a minimum of two feet above the 100 year high water elevation. ADDITIONAL INFORMATION. The District may require any additional information or data, as it finds relevant and necessary to evaluate and act on an application. © Copyright 2003-2006, Minnehaha Creek Watershed District. All rights reserved. This site hosted by Real Time Enterprises. Optimal Settings: 800x600 res, 16-bit color JavaScript-enabled Browsers: MSIE 5+, Netscape 6+/Firefox 0.9+, Opera 7+