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August 25, 1993 Guidelines on Water Retention Minnesota Statutes Section 103B.3365 Minnesota Board of Water and Soil Resources Overview of Minnesota Statutes Section 103B.3365: During the 1991 legislative session, a law was enacted that required local governments to require the provision of water retention devices or areas for all developments in Minnesota that create more than one acre, cumulatively, of impervious "surface. A copy of the law, Chapter 160, Laws of 1991, is included as Attachment A. The law is codified as Section 103B3365 of the Minnesota Statutes. The law was effective August 1, 1991 and directed the Board of Water and Soil Resources (BWSR) to develop guidelines to assist local government with implementing Subdivision 1 of the law. These guidelines reflect the comments received by the BWSR on four separate drafts of the guidelines from state agencies involved with water management in addition to various associations either representing local governments or water management interests. These guidelines may be subject to change at some future date based on feedback received. Questions relating to these guidelines should be directed to the nearest Board Conservationist representing your area or to: Brace Sandstrom Board of Water and Soil Resources 155 South Wabasha Street St. Paul, MN 55107 Phone: (612) 297 -4958 While there is no specific penalty for non - compliance, local governments must comply with the law to avoid possible citizen lawsuits relating to mal, non or misfeasance. Likewise, state agencies could withhold approvals of projects under their jurisdiction if a local government is not making a good faith effort to enforce this law. Local governments who are lacking controls which provide for specific performance standards for erosion control and storm water design with respect to waterborne nutrients and rate control should seriously consider adopting some stop -gap controls that accomplish this as soon as possible. Below are three key highlights of MS 103B3365: 8/25/93 Version 1