Procedural Requirements Rule

Download the full Procedural Requirement Rule in PDF

1. APPLICATION REQUIRED

Any person undertaking an activity for which a permit is required by these rules shall first submit a permit application to the District. The application must include all exhibits required by applicable District rules. All permit applications must bear the original signature of the landowner. (Applications signed electronically in accordance with protocols published by the District will be accepted.)

(a) Applicants are encouraged to submit preliminary plans early in the project-development process for nonbinding, informal review for conformity with District policies and rules;

(b) An interested person may intervene in a permit proceeding by filing a written request to intervene with the District before the final decision on the application. The request shall state the nature of the person’s interest and a copy shall be hand-delivered to the applicant or received at the applicant’s address stated in the application before the time of the final decision. An intervener shall have the rights of a party in the proceeding before the District.

(c) A permit applicant consents to entry and inspection of the subject parcel by the District and its authorized agents at reasonable times as necessary to evaluate the permit application or determine compliance with the requirements of a District permit or rule.

2. FORMS

Only permit applications using the applicable District form(s) will be accepted. A request for a variance or exception from any District rule provision(s) must be submitted on the District variance or exception form. District application forms are available from the Permits section of the District website (www.minnehahacreek.org). Permit applications sent by mail must be addressed to:

Minnehaha Creek Watershed District
15320 Minnetonka Blvd.
Minnetonka, MN 55345
Attn: Permitting

3. FEES

District permit fees are set forth in the District Permit Fees Rule. A permit application is incomplete and will not be processed by the District until the applicable fees are paid. Failure to timely pay fees is grounds for permit revocation.

4. ACTION ON PERMIT APPLICATION

Permit decisions will be made by the Board of Managers except as delegated to staff by written resolution. The Board will review a staff permit decision on the applicant’s request. Variance requests will be acted on by the Board pursuant to the Variances and Exceptions Rule. The District may approve or deny an application and may impose reasonable conditions on approval. Conditions may include, as otherwise consistent with the rules, requirements for financial assurances, maintenance agreements and declarations and may require that these documents be properly executed or recorded before permit issuance.

The District may reconsider and revoke a permit if it finds that a material error or misrepresentation was made in the application and that the correct information was available at the time of the application. The District may suspend or revoke a permit if preliminary or final subdivision approvals received from the relevant municipality or county are not consistent with the conditions of the permit.

In the event of a material change from approved plans or specifications after conditional or final District approval of an application, a permittee must submit information necessary for the District to reevaluate compliance with District rules.

5. CONFORMITY WITH MUNICIPAL PLAN

The District will review applications for permits involving land development only after the applicant demonstrates that the plan has received preliminary approval from each municipality in which development is to take place. The requirement of preliminary municipal approval shall mean: (a) Preliminary plat approval if required for the development; or (b) if plat approval is not required, approval by the municipal planning commission or a written statement from the responsible municipal official that the development meets municipal approval requirements.

6. NOTIFICATION

Persons applying for a District permit must supply a certified list of property owners and mailing labels for each property within 600 feet of the parcel on which the proposed project is to occur. Certified lists may be obtained from county property information services. At the request of the applicant and at the applicant’s expense, the District will supply the mailing list and labels. District staff will send notice of the proposed project to the individuals on the mailing list for the applicant at the applicant’s expense. A copy of the list will be retained with the application at the District office. The application will not be deemed complete and will not be processed until the list has been submitted to the District or the applicant has requested the applicable list and labels from the District. Notification is not required for a Fast Track permit under the Erosion Control, Floodplain Alteration, Dredging and Shoreline & Streambank Stabilization rules.

7. ALTERNATIVE NOTIFICATION

The District, on written request, may approve alternative notification for any of the following projects:

(a) A linear project, including but not limited to a road, sidewalk or trail, one-half mile or more in length.

(b) A project on a parcel or contiguous parcels with an area of 100 acres or more, where no more than five percent of the area will be disturbed, provided the disturbed area does not include a wetland.

(c) A project where the applicant proposes to combine notification under this rule with notification required under the approval procedures of another governmental body. The applicant must demonstrate that an alternative means of notification will provide adequate notice to residents near the proposed activity.

8. TIME FOR SUBMITTAL

A complete permit application which includes all required exhibits shall be received by the District at least 21 full days prior to the scheduled meeting date of the Board of Managers. Late submittals or submittals with incomplete exhibits will be scheduled to a subsequent meeting date.

9. PERMIT RENEWALS AND TRANSFERS

A permit is valid for one year from the date the applicant is advised in writing that the District has approved the permit unless the permit is suspended or revoked, except that the general permit established under the Appropriations Rule does not expire and a property owner continues to qualify for coverage under the general permit as long as the applicable criteria are met. The valid period of a permit is not extended while the applicant complies with conditions precedent to actual issuance of the permit. To renew or transfer a permit, the permittee must notify the District in writing, prior to the permit expiration date, of the reason for the renewal or transfer request. The District may impose different or additional conditions on a renewal or deny the renewal in the event of a material change in circumstances. On the first renewal, a permit will not be subject to additional or different requirements solely because of a change in District rules. New or revised rule requirements will not be imposed on renewal of a permit where the permittee has made substantial progress toward completion of the permitted work . A transfer shall be approved unless the District finds that the proposed transferee has not demonstrated the ability to perform the authorized work in accordance with the conditions of the permit, in which case the Board may impose conditions on or deny the transfer. Permit transfer does not extend the permit term.

10. BASIS FOR DECISIONS

All interpretations of these rules and permit decisions under these rules will incorporate and be consistent with District purposes set forth in Minnesota Statutes sections 103B.201 and 103D.201.