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

Attention: Rules Revision & Plan Amendment Public Comment Period Open

Notice of 45-day Public Comment Period for NMCWD Proposed Rule Revisions and Minor Plan Amendment to Incorporate the Rules into the District’s Water Management Plan and Public Hearing

The Nine Mile Creek Watershed District (NMCWD) is soliciting comments on proposed amendments of its rules and Water Management Plan (Plan).  The revised rules (both clean and tracked changes versions), a Memorandum Supporting and Providing Explanation of Proposed Revisions of the Nine Mile Creek Watershed District Rules wand the proposed minor Plan amendment are available below. The Memorandum document summarizes the rule-making process the Nine Mile Creek Watershed District initiated and the proposed changes and the basis for those changes.

NMCWD 45-Day Draft Rules_Memorandum

NMCWD 45-Day Review Draft Rules

NMCWD 45-Day Review Draft Rules_Changes Tracked

Nine Mile Creek Watershed Management Plan__Amendment

Comments are due by March 6, 2018

Comments on the draft rules and minor Plan amendment may be submitted by mail, e-mail or fax and must be received by Tuesday, March 6, 2018.

Comments on the draft rules and minor Plan amendment should be submitted to Randy Anhorn, District Administrator:

  • Mail: Nine Mile Creek Watershed District, Attn: Randy Anhorn, 12800 Gerard Drive, Eden Prairie, MN 55346
  • Email: ranhorn@ninemilecreek.org
  • Fax: (952) 835-2079

Comments on the minor Plan amendment should also be submitted to Steve Christopher, Board Conservationist, Board of Soil and Water Resources, at Steve.Christopher@state.mn.us

Public Hearing

In addition to receiving written public comment, the District will hold a public hearing on Wednesday, February 21, 2018 at 7:00 PM at the Nine Mile Creek Watershed District office, 12800 Gerard Drive, Eden Prairie, MN, at which time all interested persons will have the opportunity to address the District Board of Managers concerning the proposed rules and minor plan amendment.

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

Permit Fees

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

Nine Mile Creek District Rules

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)

District Rules

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

Nine Mile Creek District Rules

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.