07/25/2001 Env Bd Packet - Laserfiche WebLink

Home Search

Local governments should also note that MS 103B.3365 requires that local water management plans specify controls that implement best available technology to: • minimize off-site. runoff • maximize overland flow over vegetated surfaces • replicate pre - development hydrologic conditions • minimize off -site discharge of pollutants to ground or surface water • encourage natural filtration functions While these guidelines are not rules and consequently do not have the force and effect of law, local governments will avoid excessive scrutiny and potential citizen lawsuits if they can demonstrate that they are in compliance with these guidelines. Local governments may not require a state agency (such as the Minnesota Department of Transportation or the Minnesota Department of Natural Resources) to comply with this law. When local agencies review state projects, attention should be given to whether MS 103B3365 would apply if the project was in fact a private project. In such cases, the local government and the state agency should cooperate to the degree practical to provide for adequate retention of surface water. Instances where a state agency is uncooperative should be brought to the attention of the Minnesota Board of Water and Soil Resources. • Part IL - Definitions. The following definitions apply to interpretations of Minnesota Statutes, Section 103B.3365 and these guidelines: Subpart L Best Available Technology or BAT. Best available technology means Best Management Practice or BMP. Subpart 2. Best Management Practice or BMP. Best management practice means erosion and sediment control and water quality management practices that are the most effective and practicable.means of controlling, preventing, and minimizing degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area wide planning agencies. Subpart 3. Impervious Surface. Impervious surface means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development Examples include, but are not limited to, rooftops, sidewalks, patios, storage areas, and roads, streets, driveways and parking lots constructed of concrete, asphalt or compacted soils. Subpart 4. New development. New development means any project, including re- development projects that create more than one acre of impervious surface over what 8/25/93 Version 3