The Nine Mile Creek Watershed District NMCWD has had a regulatory and permit program since 1963. The NMCWD established a permitting program to protect the natural resources of the NMCWD by establishing minimum requirements for the grading, water quality, water quantity, floodplain protection, and wetlands.
Legal authority for the NMCWD’s rules derives from Minnesota Statutes Chapters 103B and 103D. Under Minnesota Statutes § 103D.341, subdivision 1, watershed districts must adopt rules “to accomplish the purposes of [the watershed act] and to implement the powers of the managers.” These purposes include, among others, conservation of water for public uses; controlling erosion and siltation of lakes, streams and wetlands; and protecting water quality in these bodies. Minn. Stat. § 103D.201, subd. 2. District managers are further authorized for example, to regulate and control the use of water within the watershed district, regulate the use of streams and watercourses to prevent pollution, and regulate the use and development of land under certain conditions. Id. § 103D.335, subds. 10, 16, and 23; § 103B.211, subds. 1.
The NMCWD adopted new Water Management Plan in 2007. The new Plan outlines the goals of the NMCWD. The amended Rules implement the policies and goals articulated in the NMCWD’s updated Watershed Management Plan, adopted in March 2007. The amendments substantially revise the prior NMCWD Rules, which were adopted in 1973. The amended NMCWD Rules regulate floodplain management and surface drainage alterations, wetlands management, stormwater management, erosion and sediment control, waterbody crossings, shoreline and streambank improvements on public waters, sediment removal from public waters and appropriations from public surface waters. In addition, the amended Rules formalize the NMCWD’s project-review process, and implement permit fee and surety requirements, pursuant to watershed district authority under Minnesota Statutes Section 103D.345.
The NMCWD’s rules include a number of key elements:
The District Board of Managers adopted the amended rules on March 19, 2008 at its regular monthly Board of Managers meeting.