The District established a permit program in 1963 to protect the water and natural resources of the watershed.

ATTENTION:  NOTICE OF ADOPTED AMENDMENTS TO THE DISTRICT’S RULES EFFECTIVE MAY 21, 2018

Notice is hereby given that the Board of Managers of the Nine Mile Creek Watershed District (NMCWD) adopted amendments to the NMCWD Rules on Tuesday, April 10, 2018.  The amended NMCWD Rules are effective for all applications completed on or after May 21, 2018.  A copy of the amended Rules has been mailed to each of the cities and public transportation authorities within the Nine Mile Creek watershed and each city and public transportation authority has been notified that the Board of Managers has adopted the amended Rules.  The amended NMCWD Rules were adopted and this notice is provided in accordance with Minnesota Statutes Section 103D.341.

The amended Rules implement the policies and goals articulated in the NMCWD’s updated Water Management Plan, adopted in October 2017.  The amendments revise the prior NMCWD Rules, which were initially adopted in 1973 and amended in 2008, 2011 and 2015.  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, NMCWD amended the existing permit fee and financial assurance schedules, pursuant to watershed district authority under Minnesota Statutes Section 103D.345.

 

Amended Rules (Effective May 21, 2018)

Memo supporting and providing explanation for rule revisions

Responses to Comments Received through 45-day Comment Period

Amended Schedule A–Permit Fees (Effective May 21, 2018)

Amended Schedule B–Financial Assurances (Effective May 21, 2018)

Chloride Management Plan Template

In the interim of the new rules taking effect on May 21, 2018, a permit applicant can ask for their permit application to be reviewed to either the current rules (found below) or recently amended rules.

 

PERMIT APPLICATION

Permit applications are due 20 business days prior to the monthly board meeting. The District has up to 60 days to take action on a submitted permit application that is considered complete.

Permit Application

When is a Nine Mile Creek Watershed District permit needed?

Use the District’s one page Cheat Sheet or complete Rules to see if you need a permit. For further questions, contact Nine Mile Creek’s District Administrator, Randy Anhorn, at 952-835-2078.

NMCWD Permit Cheat Sheet (Current Rules)

Nine Mile Creek District Rules (Current Rules)

NMCWD Permit Cheat Sheet (Amended Rules Effective May 21, 2018)

Amended Rules (Effective May 21, 2018)

The permit deadline is 20 business days prior to the monthly board meeting.

Permitting Documents

The following templates are available for use by those that have been issued a permit by the District.

Financial Assurance Forms:

Performance Bond Template

Letter of Credit Template

Escrow Agreement Template

Maintenance Declaration Forms:

Private Entities: Maintenance Declaration Template (Private Entities)

Public Entities: Maintenance Declaration Template (Public Entities)

Other Forms:

Chloride Management Plan Template

District Rules (Current)

The District Rules can be downloaded as a complete document or separate sections.

Nine Mile Creek Current District Rules (Until May 21, 2018, at which time the amended rules take effect)

Other Materials of Assistance

Regulatory Program Background

Photography by: Mike Thorud
Photography by: Mike Thorud

In 2008, the NMCWD Board of Managers adopted its current rules. The rules resulted in an expanded regulatory program that focused on volume control (treating water where it falls) and stronger wetland regulations, in addition to regulations for sediment and erosion control, floodplain management, water appropriations, water quality management, waterbody crossings, and shoreline and streambank improvement.

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.

Amended Rules

The NMCWD adopted a new Water Management Plan in 2007. The new 2007 plan outlines the goals of the NMCWD. The amended Rules, adopted in 2008, 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:

  • Required compensatory storage for any encroachment in the floodplain, evincing a no-net-loss policy on floodplain storage;
  • Enhanced protection of the remaining wetlands within the watershed through replacement ratios that strongly discourage alteration of wetlands and a provision requiring buffers around all wetlands in the vicinity of development or redevelopment projects;
  • Increased focus on retention of stormwater and snowmelt on site to reduce discharge rates and volumes, provide flood control, enhance erosion and sedimentation control, and improve the quality of the water resources in the watershed. The rules establish a runoff volume-banking system to enhance the effectiveness of and prospects for the success of the NMCWD’s volume-retention requirements; and
  • The application of erosion and sediment control regulations to single-family home construction and redevelopment projects.

The District Board of Managers adopted the amended rules on March 19, 2008, at its regular monthly Board of Managers meeting.

Contact

For additional information, contact Nine Mile Creek’s District Administrator, Randy Anhorn, at 952-835-2078 or ranhorn@ninemilecreek.org.