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l Official Publicatioe i STATE OF MINNESOTA RICE CREEK WATERSHED DISTRICT SITUATED IN THE COUNTIES OF - ANOKA. HENNEPIN. RAMSEY AND WASHINGTON COUNTIES. MINNESO- TA NOTICE OF ADOPTION OF RULES AND REGULATIONS ulTAKE NOTICE that the op- ales and Regulations were adop- Board of Managers of the Rice atershed District at a Public Hearing thereon held by said Board at Centerville. Minnesota. on July 19th. 1972. RULES AND REGULATIONS OF THE RICE CREEK WATERSHED DISTRICT Statutory PNiey had Statutory Authority to Adept Ralesa.d Regulations •'112.34 WATERSHED ACT: DECLA- RATION OF POLICY: CITATION. Subdi- vision 1. In order to carry out conserva- tion of the natural resources of the state through land utilization. flood control and other needs upon sound scientific princi- ples for the protection of the public health and welfare and the provident use of the natural resources. the establishment of a public corporation. as an agency of the state for the aforesaid purposes, is pro- sided in this chapter of Minnesota Stat- utes. This chapter shall be construed and administered so as to make effective these purposes... "Subd. 2. This chapter shall be known and may be cited as "Minnesota Water- shed Act" "112.43 MANAGERS: POWERS. DU- TIES. Subdivision 1. The managers in order t0 give effect to the purpose of this chapter may: U7) Adopt rules and. regulations to effectuate the purposes of the act and the powers of the managers. xx." General Policy Statement al the Managers d the Rice Credo Watershed District The following rules and regulations and any rules and regulations supplementary thereto or amendatory thereof are and shall be adopted by the Managers *1 the Rice Creek Watershed District to effec- tuate the purposes d Minnesota Statutes Chapter 112. the Minnesota Watershed Act anti the powers of the Managers therein prescribed. It is the intention of the said managers that the said rules and regulations con - to the Legislative policy of Chapter that the said District was estab- to carry oat t a conservation of the al resources within it upon sound scientific principles for the protection of the public dank and welfare and the provident use of sad natural resources: it is their intention that said chapter be con- strued and administered by them as the Legislature provided so as to make the law effective. It is the intention of the managers to serve as advisors to the municipal of fi- nials in the preparation of the municipal drainage plan and the municipal land development guide. Zoning is a municipal responsibility ere= as otherwise provid- ed by law. - The managers will review land devel- opments and permit applications concur- rently with the city. village. or town wherever the lauds are located. All persons or municipal corporations undertaking improvements to or upon any real property lyisg adjacent to perma- nent watercourse, lakes. and marshes directly tributary to such water areas will be required to submit engineering data and such other information as may be required to determine the dfects which such activities my have on the lands. marshes, lakes had watercourses of the district. Such :formation should show present and fuere conditions and the con- struction or denlopment proposed. Per- mit application forms will be provided by the managers. The permit application should be =banked along with a written statement of due pennittee describing proposed work had any other pertinent maps, surveys or other data. Permit ap- plications may readdressed to: Rice Creek Watershed District - Bard et Managers P.O. Box 263 la 55038 P Plans for highway construction should be submitted to the managers for review and cmtment on aspects affecting the water resources of the district including the adequacy d storm water resources of c. district shall exercise control over developments only to the extent ry to sure the maintenance of needed natural water storage areas. wa- tercourses and their shorelines: and the protection of tee natural topography and vegetative sating of the land and water areas of the district in order to preserve the same for present and future beneficial uses and to prevent unwise and destruc- tive developmest. 1.01 DEFINITIONS. Subdivision 1. sat "District means the Rice Creek Watershed District. (b) "Board" means the board of managers d the Rice Creek Water- shed District. lc) "Managers" means the board of managers of the Rice Creek Wa- tershed District. (d) "Commissioner" means the Commissioner of Natural Resources. le) "Municipality" meansetty. village or town wholly or partly with- in the watershed district o t) "Shall" is mandatory and not permissive. ( g) "Public Waters' means wa- ters as defined by M.S. Section 105.36 t1). I h "Person" means an individual. firm. partnership, association or corporation. public or private. tit "Public Health" means and includes any act or thing tending to improve the general sanitary condi- tions of the district ) j) "General Welfare" means and includes any act or thing, tending to improve or benefit or contribute to the safety Of well-being of the gener- al public or benefit the inhabitants of the district. 1.02 PERMITS UNDER M.S. CHAP- TER 105. USE AND APPROPRIATION OF PUBLIC WATERS), Subdivision 1. A copy of each application for a permit which is required under M.S. Chapter 105 M.S. Sections 105.37 to 105.55) together with maps, plans and specifications shall be served an the secretary of the board and prom of such service shall be includ- ed with the application filed with the Commissioner as is required by M.S. Sec - tion 105.44. 1.03 PLATS. Subdivision L All prelimi- nary plats of property abutting on or adja- cent to any stream. watercourse. lake or marsh in the distract shall be submitted to the board for examination and comment before preparation d the final plat Each of said plats shall receive final approval d the board before filing the plat for rec- ord. 1.04 MUNICIPAL ORDINANCES. DEVELOPMENT AND DRAINAGE PLANS. Subdivision 1. Copies of existing municipal ordinances relating to surface water drainage, flood plains. and shore - lands shall be filed with the board Subd. 2. Each municipality in the dis- trict shall amend its present or if it has none. shall prepare a municipal drainage plan in accordance with district guide- lines for the same for the management and transportation d surface water re- suiting from urban development and iden- tity in the municipality's land develop- ment guides and drainage plans the marshes to be lett in their natural state which should not be used as dumps. fill - sites. or otherwise altered without a per- mit Iran the bard Municipalities shall. prior to final adop ties. file with • the managers their pro- posed land development guide and drain- age plan with a statement as to proposed development standards which are deemed to be applicable and in conformi- ty with the district's overall Phan and con- sistent with Metropolitan Council poli- cies. The board shall file its comments with the municipality within 150 days thereafter. Subd. 3. Where runoff from lands that are urban or suburban in character is con- tributing to the pollution of the waters of the district. a suitable system d catch - basins. filters and settling ponds shall be maintained and cleaned by the local mu- nicipality. Subd. 4. To provide for coordinated management d surface waters a develop- er of land shall submit to the municipality a surface water drainage plan which is in conformity with the municipal drainage plan. In the absence of an approved mu- nicipal drainage plan. the 'municipality and the developer of land adjacent to lakes. permanent watercourses and marsh areas which are directly tributary to such water areas must file a drainage plan with the district and obtain the board's approval of the drainage plan prior to the commencement of any land improvement • A permit application for work not au- thorized by the municipal drainage plan shall be submitted to and cooadered by the managers d the district The permit application shall iodide a grading and sediment control plan designed to control the deposit of sediment in the public wa- ters of the district A written permit must be previously detained before any work is commented by the municipality or land developer. HWAYS AND ROADS. Subdi- vision 1. All plans for highway and road construction shall be submitted to the board for their comment. review and rec- ommendations as to the effect of the con- struction on the waters of the district and the adequacy of erosion and sediment control during and after construction. 1.06 BRIDGES. CULVERTS. Subdivi- sion 1. No bridge or culvert for the dispos- al of storm water shall be constructed. reconstructed or laid without approval of the board as to its location. size and elr vation and a permit for the installation thereof from the board. Plans and specifi- cations for all proposed bridges and cul- verts shall be submitted to the managers when an application for a permit is filed. Subd. 2. Water inlets. culvert openings and bridge approaches shall have ade- quate shoulder and bank protection in order to minimize soil erosion. 1.07 FLOOD PROTECTION AND CONTROL. Subdivision 1. A purpose for which the Rice Creek Watershed District was established was "Control or allevia- tion of damage by floodwaters ": by stat- ute. counties. cities and villages have the responsibility of enacting, administering aid enforcing reasonable and effective flood plain ordinances in order to protect human life and health and reduce private and public losses caused by flooding c L 1969. C. $90): the Shoreland Management Act authorizes the zoning of shorelands by counties in unincorporated areas t L. 1969. C. 777). Floodplain. floodway and flood fringe for the purposes of these rules and regula- tions are as defined by statute. M.S. Sec- tion 104.02. Shoreland means land located within the following distances from the ordinary high water elevation of public waters: 11) Land within 1.000 feet from the normal high water mark of a lake. pond or flowage. and 12) Land within 300 feet of a river or stream or the landward side of the floodplain delineated by ordi- nance on such a river or stream whichev- er is greater. (M.S. Section 105.465. Subd. 2.1. Subd. 2. All improvements of every nature and kird on lands within designat- ed shoreline or floodplain areas shall con- form to state approved ordinances or in their absence. to the Distract Flood Plain Map and to the State Flood Plain and Shoreland Management Standards and Criteria. Plans for all improvements within said areas shall be submitted to the managers d the district for comment. review and approval together with such pertinent data as may be required by the managers. Subd. 3. In addition to the requirements of the standards and criteria of municipal ordinances. improvements will not be al- lowed in the shore and flood plain areas that will adversely affect the ability of the Marshes or adjacent shorelines to act as a filter t0 the permanent surface wa- ters of the district, and thereby prevent or reduce the flow of =national dis- charges directly to such waters or ad- versely affect their efficiency in this re- spect or unduly restrict the water-carry- ing capacity of the channel. 1.06 WATER LOSS. Subdivision 1. In order that the waters of the district may not be routed. discharged. dissipated and lost adjacent to. outside of and along lines d drains sewer tile and pipe atter the construction of said drains. sewer tile and pipe. all excavations and ditches in which said drains. sewer tile and pipe is laid shall. to prevent the routing. dis- charge. dissipation and loss of said water. be sealed in accordance with proper engi- neering practices as may be required by the circumstances and as approved by the board. Plans for the construction of all drains, sewer tile and pipe shall be filed with the board for iii comment and re- view. 1.09 MARSHES. Subdivision 1. To pre- serve the same for beneficial use. no marsh shall be drained wholly or partially nor filled wholly or partially nor other- wise disturbed without a permit from the bard, the municipality wbere situated. and theCammissioner. 1.10 RIPARIAN IMPROVEMENTS. Subdivision 1. Permits for improvements by riparian owners d the beds. banks and shores of lakes and streams are required before' such work may be done. from the board aid the Commissioner. as required by statute and rule and regulation of the district. 1.11 SANITATION AND PUBLIC HEALTH. Subdivision L. In the interest of sanitation and for the public health and to prevent pollution 10 the waters of the dis• trict (a) No septic tank or other waste disposal facility shall outlet directly or indirectly into any lake. watercourse. or public or private drain: )b) No person. public or private corporation. associa- tion, or other entity shall dispose of any waste, human. animal. or industrial. by casting such waste. directly or indirectly into any lake or stream. public or private drainage system. or road ditch within the district and thereby pollute the waters of the district. 1.12 RULES AND REGULATIONS OF MINNESOTA POLLUTION CONTROL AGENCY. Subdivision 1. The district adopts by reference thereto the following rules and regulations of the Minnesota Pollution Control Agency. including amendments & additions thereto: as pertinent: WPC 4. filed July 1964 relating to the storage d oil: WPC l4, filed August 15. 1967. re- lating to classification of intra -state water: and WPC 1. filed June 22. 1961 and WPC 23, filed April 15. 1969, stand- ards for effluents in intra -state wa- ter: SW 1 - 11 MPCA Solid Waste Dis- posal. filed February 10. 1970: SW St - 55 MPCA Wastes - Feed Lots. filed April 1971: SW 75.79 MPCA Abandoned Motor Vehicles. filed March. 1972. 1.13 LAND USE AND SOIL CHARAC- TERISTICS. Subdivision 1. All permit applications for land improvements shall show the soul type and soil limitations for the untended land use as stated in the Soil Survey Reports of the Counties of the Dis- trict. by the United States Department of Agriculture. Sal Conservation Service. and the Minnesota Agricultural Experi- ment Station. as such reports are avail- able: if not available. special soil survey reports may be required of the applicant. U soils limitations for the intended land use is ndicated, the applicant shall show the conservation practices required for the use sought. 1.14 WITHDRAWAL OF WATERS. Subdivision 1. The withdrawal of ground and surface water and the location of the place of discharge thereof shall conform to the standards of the Minnesota Pollu- lion Control Agency and the Department of Natural Resources. 1.15 DRAINS. DRAINAGE SYSTEMS. Subdivision 1. Copies of plans and medi- cations for the construction. improve- ment and repair of any private drainage system. open or tiled. shall be filed with the board and no work thereon shall be undertaken without a permit from the board. Public drainage systems shall con- form to Statutory regmrements. 1.16 EROSION PROTECTION. Subdivi- sion -1. All grading. acavations• open cuts, side slopes and other lard surface disturbances are to be so mulched. seed- ed, sodded. or otherwise protected. so that erosion, siltation. sedimentation and washing are prevented 1.17 PERMITS. Subdivision 1. All per- mits when issued. shall be signed by the president and secretary of the board or their designees Subd. 2. No matter requiring a permit shall be commenced prior to the issuance of the permit and the board shall be noti- fied when the matter for which the permit was issued. is completed. Subd. 3. An application for a permit shall be acted upon within 30 days by the board from the date it is received. Subd. 4. If a permit application is re- fused or granted subject to conditions. the applicant may withm 30 days demand a hearing an the application. Subd. 5. Obtaining a permit from the managers does not relieve the applicant from the responsibility of obtaining any other additional authorization required. 1.16 ENFORCEMENT AND SEVERA- BILITY. Subdivision 1. The district may exercise all powers conferred upon it b'y Minnesota Statutes. Chapter 112. in en- forcing the rules and regulations adopted herein. Subd. 2. I for any reason any section or subdivision of these rules and regulations should be held invalid. sucbdecision shall not affect the validity of the remaining rules and regulations. Subd. 3. These rules and regulations shall conform to Minnesota Law and if inconsistent therewith. the latter shall govern and these rules and regulations are amended accordingly. 1.19 APPEALS. Subdivision 1. Any par- ty aggrieved by these rules and regula- tions or by any order of the board made thereunder may appeal as provided in Minnesota Statutes. Chapter 112. Dated this 19th day of July 1972. s• WILBUR L GOYER President s• ROBERT R. HAMILTON Secretary I hereby certify that the foregoing is a true and exact copy of the Rules and Reg- ulations adapted by the Board of Manag- ers of the Rinse Creek Watershed District at a public meeting held thereon by sat Board =July 19th. 1972. ROBERT R. HAMILTON Secretary Board of Managers. Rice Creek Watershed District Dated July 19. 1972 t August 2.19721- TC-50C