BCWD Regulatory Program
Does the Brown’s Creek Watershed District have legal authority to implement rules?
ExpandUnder Minnesota Statutes Section 103D.341, Subdivision 1, watershed district managers must establish water resource protection standards and adopt rules/operate a regulatory program to meet them.
Is the permit requirement new? Is it just required for my area?
ExpandThe BCWD was established in 1997 and first implemented its permit program in 2000. All watershed districts are required by Minnesota Statute to have rules and regulations to conserve the natural resources of the state and watershed. Areas that are not managed by watershed districts or watershed management organizations are subject to oversight by State agencies such as the Board of Soil and Water Resources, Minnesota Pollution Control Agency, and Minnesota Department of Natural Resources.
Why are permits required?
ExpandPermits are required to protect water resources through development activities. Permits help to:
- Protect water resources for all current and future users
- Reduce the severity and frequency of flooding
- Preserve the stormwater storage capacity in floodplains and wetlands
- Improve the chemical and physical quality of surface water
- Reduce sediment build-up to preserve the natural flow of lakes and streams
- Minimize public expenditures to correct future damages
- Preserve natural shorelines and habitat for terrestrial and aquatic life
- Preserve natural infiltration, groundwater recharge, and subsurface flows to support groundwater-dependent resources
How do I know if I need a permit?
ExpandYou will need a permit if your project triggers any of the BCWD Rules. If you are unsure, we recommend scheduling a pre-application meeting for a free initial consultation with BCWD’s engineers and administrator. You can also contact BCWD staff with the following information, and we can provide guidance:
- Your project address
- The cubic yards of excavation and/or fill
- The surface area of proposed hard surfaces
- The surface area of existing hard surfaces
I have a permit and maintenance agreement with the city. Do I need to have a separate permit and agreement with the watershed district?
ExpandYes – while some requirements might be similar, the city and watershed district are two separate government entities with different regulations and goals.
Are there other regulations that might apply?
ExpandDepending on the project, you may be required to seek additional permits from other government entities. Projects that impact water resources in Minnesota are regulated by state, local, and federal agencies. This tool from the MN Department of Natural Resources can help identify other organizations you might need a permit from: Water Related Program Contact.
The Permitting Process
What is the Permit Process?
Expand- Schedule a pre-application meeting with staff to determine applicable rules (highly recommended).
- Submit application, including signed application, fees, and all required submittals.
- BCWD staff will determine completeness within 15 business days.
- BCWD staff will review application within 60 days from time of complete submittal.
- BCWD board will make a permit decision:
- Denied – the permit does not meet the rules.
- Approved – the permit meets the rules and will be issued.
- Conditionally Approved – the permit will be issued once conditions have been met (most common).
My submittal is complete – When does it go to the BCWD board?
ExpandA complete submittal must be received by BCWD staff 28 days prior to the next board meeting. However, submitting materials by this deadline does not guarantee your application will be presented at the next board meeting. The BCWD board meets on the second Wednesday of each month.
Can my permit be approved by the BCWD administrator?
ExpandPermits for single family homes and erosion control only permits can be approved by the BCWD administrator without needing to go to the board of managers as long as no variances are requested.
How long does it take to get a permit?
ExpandUnder state law, BCWD has 15 business days to determine if a submittal is complete and 60 days after a complete submittal to make a decision. The amount of time needed will vary depending upon the project complexity, the number of rules triggered, the level of detail provided in the first submittal, and whether the permit must go to the board of managers for approval.
You are strongly encouraged to schedule a pre-application meeting to understand submittal expectations and submit well before the planned construction date to ensure review time and, if necessary, revisions of plans.
I submitted a permit application - What happens now?
ExpandWe will begin the review for completeness within the next 15 business days and get back to you via email with the completeness determination. We will also share the expected Board meeting date, if applicable.
I have conditional approval - What does that mean, and what happens now?
ExpandConditional approval means that your permit will be issued once specified conditions have been met. You should have received a full report and a summary of the next steps, including what you need to do for the permit to be approved. We would be happy to have a call or meeting to help you through any questions you have.
How do I record the stormwater declaration or buffer?
ExpandStormwater and buffer declarations must be recorded with Washington County. BCWD has a template that should be used as a starting point for the declaration. Exhibit(s) will be required clearly outlining the stormwater facility and/or buffer location on your property. It is strongly recommended that you consult legal counsel to confirm information is correct regarding property legal descriptions and consent and subordination (i.e. mortgage lender). After the declaration has been drafted, it should be sent to BCWD staff for review BEFORE recording with the county. Once it has been recorded, a scan must be sent to BCWD staff.
How long is my permit valid?
ExpandAn approved permit is valid for one year from the date applicant receives written permit approval. At the board’s discretion, permits for longer than a year can be granted if a request is included in the application.
Will my project be inspected? How will I know someone has been here?
ExpandDuring construction, our engineers will do at least monthly inspections. You will receive a copy of the inspection reports, and we will coordinate with you to address any problems.
How do I renew or transfer my permit?
ExpandYou must notify BCWD in writing the reason for renewal (or transfer) of your permit prior to its expiration date. It will be reviewed in the next board meeting or approved administratively if all submitted documentation is current.
I am done with my project - how do I close out my permit?
ExpandWhen you are done with construction and the vegetation is at least 70% uniform coverage, you can request to close out the permit. Prior to closing out the permit you will be required to provide the district with as-built record drawings showing that the completed grading and stormwater facilities conform to the grading plan.
Permit Application Questions
Do I need to apply for a permit before breaking ground?
ExpandIf a permit is needed, it must be in place before any work onsite begins. This means that a permit application must be submitted, reviewed, approved, and signed before any ground-breaking activity may occur.
How do I know which BCWD Rules my project will trigger?
ExpandApplicability specifications for each rule are listed in the Brown’s Creek Watershed District Rules document. If you have questions about your project’s rule applicability, please do not hesitate to contact the Watershed District and/or set up a pre-application meeting.
What specific documents are needed with an application?
ExpandThe specific documents will depend on which rules are triggered. All permits require a construction/site plan including the proposed building and/or hard surfaces. Guidance on required submittals can be found on the Permit Guidance and Templates page.
If I want to hire an engineer to help with the permitting process, what specifically do I need to ask an engineer to help with?
ExpandIt is recommended that homeowners work with a licensed engineer on their projects. Engineers typically prepare site plans, design stormwater BMPs, and provide calculations demonstrating compliance with rule requirements. Submittals for Rule 2.0 Stormwater Management are specifically required to be certified by a professional engineer licensed in the State of Minnesota, a licensed land surveyor, or other appropriate professional.
Are complete building plans required with a permit application?
ExpandIt is recommended to have as complete of plans as possible to ensure the rules are being met. The project will be inspected during construction and as-built surveys will be required to close out the permit. If the requirements are not met, it will be your responsibility to bring the project into compliance for the permit to be closed out.
Project Specific Questions
Can I apply for BCWD grant funds to build my stormwater management?
ExpandYou cannot use BCWD grant funds towards a permitted project. However, if you have a project that is NOT required as part of a permit from any entity, you may be eligible for free technical assistance with design and installation, as well as grant funding. Learn more about funding in Brown’s Creek Watershed District at bcwd.org/stewardship-grants/.
Will the BCWD design my project’s stormwater management?
ExpandWe cannot design for a permitted project, but we would be happy to meet with you to understand your project, determine which rules may apply, and explain what materials you would need to submit for permit review. We can also provide you with a list of engineers that have worked recently with other permit applicants in our watershed district.
Are there any restrictions on what activities I am allowed to do in the buffer (stream, lake, or wetland) on my property?
ExpandThere are rules and guidelines regarding what kind of activity is allowed in buffers under Rule 4.0. You can ask BCWD staff for guidance on your buffer restrictions.
Can I fill low areas on my property?
ExpandYou will need a permit for activities that involve filling in a floodplain area or alterations to a wetland. You may need a Wetland Conservation Act (WCA) permit for activity involving an identified wetland and can find out by contacting your city or township. You may also need a permit if the activity exposes large areas of soil or alters overland flow and infiltration areas.
Do I need a permit to install riprap on my shoreline?
ExpandYou may need a permit for shoreline alterations. Contact the district to confirm if your project triggers BCWD Rule 5.0. You may also need a permit from the Minnesota Department of Natural Resources and/or your city or township.
Do I need a permit to put in a new patio or driveway?
ExpandHomeowners must have a permit for any project that disturbs 5,000+ square feet, fills or excavates 50+ cubic yards, or if the final construction will include 10,000+ square feet of hard surfaces (including gravel). If your site drains to a groundwater-dependent natural resource, a permit will be required if the final construction will include 6,000+ square feet of hard surfaces. You can reach out to Karen Kill at Karen.kill@mnwcd.org with the project address and proposed plans if you are unsure whether the rules will apply.
Does an addition to my house require a permit?
ExpandHomeowners must have a permit for any project that disturbs 5,000+ square feet, fills or excavates 50+ cubic yards, or if the final construction will include 10,000+ square feet of hard surfaces (including gravel). If your site drains to a groundwater-dependent natural resource, a permit will be required if the final construction will include 6,000+ square feet of hard surfaces. You can reach out to Karen Kill at Karen.kill@mnwcd.org with the project address and proposed plans if you are unsure whether the rules will apply.
If I install enough permeable driveway area to bring the total project area under 10,000 square feet, do I still need to do stormwater management?
ExpandThis depends - you will need to submit a plan design to demonstrate that the pavers have the capacity to infiltrate the proposed stormwater runoff and act as a pervious surface.
How do I size a raingarden?
ExpandYou should work with an engineer to design a raingarden that treats enough volume to ensure that the volume leaving the meets the rules. A starting point for estimating rain garden sizing can be found at the bottom of the page at the following link: Design criteria for infiltration - Minnesota Stormwater Manual.
Can septic soil information be used for soil testing?
ExpandThe information will need to be reviewed to see if it suffices for soil testing. Soil borings should extend at least 5 feet below the bottom of any proposed Best Management Practice (BMP) and may require hydrometer analysis depending on the soil layers encountered.
What is a hydrometer analysis? Why do I need one? Where do I get this done? What does it tell us?
ExpandA hydrometer analysis determines the amount of clay within the soil and is required for certain soil classifications (Found in BCWD Rules, Appendix 2.3 Design Infiltration Rates Table). This is important in determining the design infiltration rate and therefore how much water can be managed by a given stormwater basin or device.
One example of a laboratory to use is the University of Minnesota Research Analytical Laboratory. On the right-hand side of the page is a link to the soil analysis request spreadsheet to be filled out. Line item S36 Textural Analysis (Hydrometer) is the hydrometer analysis testing.
How do I calculate the pre-treatment requirements for infiltration areas?
ExpandPretreatment must remove 50% of sediment loads to infiltration facilities. Pretreatment efficiency for grass filter strips can be calculated based on the Minnesota Stormwater Manual guidelines: Pretreatment sizing for basins and filters strips. An engineer can determine pretreatment efficiency for other Best Management Practices (BMPs).
Permitting Fees
Why do I need to pay a permit fee?
ExpandPermit fee deposits are how BCWD’s regulatory program is paid for. These fees are used to pay engineers for their time reviewing your plans and performing inspections. Any remaining balance will be refunded to the applicant at permit close out if applicable. Additional permit fees will be required to replenish the deposit. The initial fee is based on one complete submittal. Applicants should expect higher fees when a project has multiple submittals for review and extensive communication with applicants.
How do I pay the permit deposit fee?
ExpandMail or deliver a check made out to "Brown’s Creek Watershed District" to 455 Hayward Ave North, Oakdale, MN 55128. It will be deposited into a non-interest-bearing account.
What is financial assurance, and do I need to provide it?
ExpandFinancial assurance is required for all permitted projects in the district and is held as a guarantee that all the conditions of a permit are met, and that a project and any associated Best Management Practices (BMPs) are built in accordance with plans approved by the district when the permit is executed.
How is a permit fee deposit different from financial assurance?
ExpandThe permit fee deposit is used for reviews and inspections. The financial assurance is used to ensure compliance that all best management practices are built in accordance with approved plans.
How do I provide financial assurance? How do I get it back when the project is complete?
ExpandThe BCWD has templates for financial assurance cash escrow, letter of credit, or performance bond. Other forms of financial assurance will need to be approved by the BCWD. It is returned after the applicant demonstrates that the project is complete and is consistent with the approved plans and specifications. Failure to maintain temporary erosion protection and sediment control Best Management Practices (BMPs) or failure to provide proof that the project was completed in accordance with plans approved by the District may result in the district using funds held as financial assurance to bring the project into compliance.