The Minnehaha Creek Watershed District (MCWD) requires that permit applicants and future property owners perform the following actions:

• Maintain stormwater facilities as described in the Stormwater Management Rule

• Preserve wetland buffer areas as described in the Wetland Protection Rule

• Maintain projects as described in the Shoreline and Streambank Stabilization Rule

DESCRIPTION 

The Declaration and Maintenance Agreement is a four-part document that is recorded on a property regarding an approved project at The County Recorder's Office. It lists and acknowledges areas and facilities that need to be maintained and preserved, and in what matter they need to be maintained and preserved in accordance with an approved permit. Recording this document with the county ensures that current and future property owners abide by the maintenance requirements needed to preserve the quality and functions of buffers and stormwater facilities in accordance with an approved permit.

TEMPLATES 

Each of these documents should provide a good start to completing necessary documentation for projects in the District.

• Declaration Instructions (Word)
• Declaration & Maintenance Agreement (Word)

DRAFTING A DECLARATION AND MAINTANANCE AGREEMENT

This document must have the four following required parts:

1. Declaration
2. Consent and Subordination
3. Attachment A - Contains an approved site plan and shall contain the following information:

• Property Lines
• Structures
• Impervious Areas
• Wetland Boundaries
• Buffers
• Easements
• Stormwater Facilities
• Specifications of stormwater facility construction or structure
• Special information as requested by district staff or Board of Managers

4. Attachment B (Maintenance Agreement) - Required for Stormwater Management Facilities

 
In cases where there is no mortgage or additional owner or other proprietary interest, the Consent and Subordination section of the document may be skipped. In cases where Stormwater Management [Link to Stormwater Management Doc]  does not apply to the project, Attachment B may be skipped. To fill out the template, simply fill in any blanks or brackets with information specific to your project, attach Attachment A, and delete any numbered sections that do not apply to your project. Please keep in mind that depending on your project, you may also need to add numbered sections that aren't contained within the standard template.

PROCEEDING STEPS AFTER THE DECLARATION AND MAINTENANCE AGREEMENT HAS BEEN DRAFTED

The declaration and maintenance agreement must be signed and notarized and returned to MCWD for review. After your declaration and maintenance agreement has been reviewed by MCWD staff and deemed acceptable, it must then be recorded with the county and subsequent verification of the recording must then be returned to MCWD before your permit can be issued. The applicant is responsible for recording any required documents with the county. Acceptable verification of recordation involves a copy of the document submitted for recording stamped and dated by the county, preferably with a document number.

ADDITIONAL INFORMATION

The Hennepin County Recorders Office is located at 300 South 6th Street, in the Hennepin County Government Center in downtown Minneapolis on the 8th floor.
The Carver County Recorders Office is located at 418 Pine Street, in the Carver County Government Center in downtown Chaska.