Permits

Do I Need a Permit?

If you are doing work in or near a wetland, floodplain, shoreline, streambank, or waterbody, it is a good idea to check before you begin. A permit is required if your project includes any of the following:

• Floodplain filling, grading, or drainage changes
• Wetland draining, excavation, or filling
• Stormwater impacts from land disturbance, redevelopment, or added impervious surface
• Erosion and sediment control threshold activity
• Work in, under, or across a waterbody
• Shoreline or streambank stabilization or improvements
• Sediment removal from public waters
• Appropriation from public surface waters

View our cheatsheet: “Do I need a Permit?”

Review the complete District Rules and applicable revisions to fully understand when a permit is required: 
NMCWD-Rules-Final-12-20-23

How Do I Submit a Permit?

Submit a permit:

You can submit a permit online or with our print version both require an application fee payment to be considered complete.

Prepare before you start:

• The online application does allow you to save progress and finish later.
• Gather all required project details and supporting documents before you start.
• For guidance on what to include review the District Rules and applicable Revisions

Pay the application fee:

Your application is not considered complete until the permit application fee is received. Permit fees are based on project size/type and rules triggered. Refer to the Permit Application Fee document.

Payment options

• Credit card: Email permitting@ninemilecreek.org to schedule a time. Transaction fees will apply.
• Check: Mail or drop off a check at the Nine Mile Creek office: 12800 Gerard Drive, Eden Prairie, MN 55346

What Does the Permit Approval Process Look Like?

Every project is different, but most permit timelines follow the steps below. The biggest factors that affect timing are project complexity and whether the initial application is complete.

Step 1: Prep and submit your application

You will complete the online or with our print application in one sitting and upload the required documentation. If anything is unclear before you apply, email permitting@ninemilecreek.org with the project address and a brief description to confirm what is needed.

Step 2: Fee payment and completeness check

Typically reviewed within a week and two to three weeks for more complicated permits after submission. Your application is considered incomplete until the Permit Application Fee is received.

Step 3: District review

Timing varies by project scope and complexity. Staff will review your application for compliance with District Rules and permitting requirements. If additional information is needed, you will receive a request for clarification or additional materials.

Step 4: Applicant revisions (if requested)

If you receive a request for additional information, respond as soon as possible to avoid review delays. Re-reviews will take two to three weeks for district staff to respond. This is one of the most common points where timelines extend.

Step 5: Decision and permit issuance

Once review is complete, the District will issue a permit, issue conditional approval, or provide a decision with required next steps.

Step 6: Post approval requirements (if applicable)

Some permits require items such as financial assurance, maintenance declarations, monitoring, or a chloride management plan. These requirements are listed in the District Rules and will only apply if they are included as permit conditions.

Step 7: Project closeout (if required)

If your permit has closeout requirements, district staff will confirm conditions are satisfactory and, if applicable, financial assurance release steps will be completed.

Permit Resources

The following templates are available for those that have a permit or a permit that is conditionally approved.

District Rules & Revisions/Amendments

NMCWD has adopted Rule revisions, effective January 1, 2024. When rule revisions were proposed, a public comment period was open October 17, 2023 to December 11, 2023; and a public hearing held December 7, 2023. Revisions and amendments are EFFECTIVE January 1, 2024

• Memo Supporting and Explaining Rule Revisions
• Public Comments Received with Responses
• Schedule A–Permit Fees
• Schedule B–Financial Assurances
• Schedule C – Stormwater Facilities Fund 3-19-08

Legal Authority

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.

Permit FAQs

Do I Need a Permit?

If you’re unsure whether your project requires a permit, please review the Do I Need a Permit document.

Still have questions? Contact:

• Zach Stafslien – zstafslien@ninemilecreek.org | 952-204-9690
• Cynthia Rubio – crubio@ninemilecreek.org | 952-800-8353

When Will I Receive My Permit?

• Projects that only trigger Rule 5 (erosion and sediment control) are typically reviewed in 1–2 weeks.
• Projects that trigger other rules take 2-3 weeks.
• If revisions are needed, each resubmittal may take an additional 2-3 weeks to review.

Does My Permit Need Board Approval?

Most permits are approved administratively by staff.
Permits must go to the Board if they include:

• A variance or exception
• A site with restricted infiltration

Where Can I Find Guidance Documents?

View guidance documents here.

If you have further questions, please reach out to Zach Stafslien (zstafslien@ninemilecreek.org, 952-204-9690)

How Do I Pay for a Permit?

You can:

• Pay with a credit card when you call the district office.
• Mail a check
• Drop off payment at the office

Please include your permit number or project address with payment. For questions, contact Cynthia Rubio (crubio@ninemilecreek.org, 952-800-8353)

Will My Permit Be Reviewed Before I Pay?

Yes. Staff will begin review to determine which rules apply and the permit fee. However, the permit will not be issued until payment is received.

(link to schedule A).

What Does “Conditional Approval” Mean?

Your permit is mostly complete, but a few items are still needed (such as financial assurance forms). Once all required documents are submitted, the full permit will be issued.

Common remaining items include:

• Financial assurance
• Maintenance agreement
• Erosion and sediment control contact information

Can I Start Work with Conditional Approval?

Work can only begin once the permit is fully approved.

In some cases, a separate erosion and sediment control permit may be issued to allow early site work.

How Do I Submit or Resubmit Documents?

Upload documents using the MS4Front link provided in the original Nine Mile permit received notification email you were sent. We get notified when documents are added too!

If you’ve lost the link, contact Zach or Cynthia and we’ll resend it.

How Do I Close Out My Permit?

Follow the closeout requirements listed in your approval letter. Once all items are submitted and approved, your financial assurance will be returned.

Note: Cash escrows are released at Board meetings (held the 3rd Wednesday of each month).

Is My Property in a Floodplain?

Use the District’s flood mapping tool to view modeled flooding conditions.

This tool is based on:

• NOAA Atlas 14 rainfall data
• Regional snowmelt estimates

The district regulates floodplains connected to lakes, wetlands, and Nine Mile Creek.

Is My Property Near a Wetland?

You can use Hennepin County’s Natural Resources mapping tool and turn on the National Wetland Inventory (NWI) layer to see if a wetland may be near your property. This is a helpful starting point, but it is not an official determination of all wetlands within the district.

If your project triggers Rules 2, 4, 6, or 7—or involves disturbing a wetland—a wetland buffer may be required on your property.

The district serves as the Local Government Unit (LGU) responsible for administering the Wetland Conservation Act (WCA) in Hopkins, Richfield, Edina, and Eden Prairie. In Minnetonka and Bloomington, each city serves as its own LGU for WCA administration.

For WCA permits, contact Karen Wold at kwold@barr.com.

Can I Install Riprap on My Shoreline?

Riprap cannot be used for cosmetic purposes.

The district’s rules state that an applicant must first demonstrate the need to prevent erosion or restore an eroded shoreline or streambank. Once the need has been demonstrated, the applicant must go through the following sequence:

• Bioengineering
• Bioengineering with riprap
• Riprap only (if necessary for stabilization)