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Minnesota Construction Stormwater Permit (6-MN-b)

In Minnesota, a developer may need a Construction Stormwater General Permit (Permit) from the Minnesota Pollution Control Agency (MPCA) for construction projects that disturb one or more acres of land or are part of a common plan of development or sale that will disturb one or more acres of land, in compliance with the National Pollutant Discharge Elimination System (“NPDES”) of the Clean Water Act (“CWA”). MPCA derives authority to implement the state’s NPDES system from Minn. Stat. § 115.03(5), and does so in Minn. Admin. Code § 7090.


Construction Stormwater Permit Process

6-MN-b.1 – Develop Stormwater Pollution Prevention Plan

Prior to submitting a Construction Stormwater General Permit Application (Application) to MPCA, the developer must create a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP should include all the requirements set forth in Part III.A of the Minnesota Construction Stormwater General Permit. Minn. Admin. Code § 7090.2040(1). The SWPPP must be a combination of a narrative, plan sheets and standard details that include the following:

  • A description of the construction activity and potential for sediment and other potential pollutant discharges from the site.;
  • The identity of the person(s) who will oversee best management practice (BMP) implementation, installation and conduct inspections and maintenance activities;
  • Training documentation for all individuals required to be trained in associated duties in relation to the SWPPP;
  • Stormwater design specifications and calculations for stormwater management systems, including the number of acres of existing and new impervious surfaces;
  • The timing for installation of all erosion prevention and sediment control BMPs and permanent stormwater management systems;
  • The location and type of all BMPs to be utilized at the site along with procedures to establish additional BMPs as necessary;
  • Estimated quantities of all BMPs to be used for the life of the project;
  • A site map showing both the existing and final grades, including direction of flow and pre and post drainage area divides. The site map must also include locations of steep slopes, impervious surfaces, soil types, and potential pollutant-generating activities (such as building products, pesticides, herbicides, fertilizer, treatment chemicals, hazardous materials, solid waste, portable toilets, etc.);
  • Areas not to be disturbed on the site, including the location of any required buffer zones;
  • Locations of areas to be phased to minimize duration of exposed soils;
  • Maps showing the locations of all surface waters, including wetlands, stormwater ponds or basins within one mile of the site. The site map must also show areas of the site that will drain to a public water the Minnesota Department of Natural Resources has promulgated “work in water restrictions” for fish spawning timeframes;
  • A determination whether surface waters within one mile of the site are special or impaired for one of the construction-related parameters;
  • Final stabilization methods for exposed soils;
  • An accounting of the following factors when designing the BMPs:
    • Amount, frequency, intensity and duration of precipitation;
    • Stormwater runoff and run-on, including expected flow from impervious surfaces, slopes and site drainage features;
    • How flow rate and volume of channelized flow will be managed to minimize erosion at outlets and downstream erosion; and
    • The range of soil particles expected at the site;
  • Methods to minimize soil compaction and preserve top soil at the site;
  • A maintenance plan for permanent stormwater treatment systems, including who will maintain the system;
  • Plans for proper use of sediment treatment chemicals (polymers, flocculants, etc.) in accordance with Part IV.C.10 of the Permit.
  • Documentation why certain design requirements or SWPPP components are not feasible and the method that will be substituted to comply with Permit;
  • Stormwater pollution mitigation measures to be utilized as a result of an environmental review;
  • Additional or different measures needed at the site to address karst or drinking water supply management areas;
  • Inspection and maintenance practices;
  • Pollution prevention management measures; and
  • A strategy for retaining records.

MPCA Construction Stormwater Permit Overview.

6-MN-b.2 – Construction Stormwater General Permit Application

The developer must submit an Application to MPCA on the MPCA Online Services System. If the developer cannot submit the Application online, the developer may contact MPCA in order to obtain permission to submit the Application as a hard copy. The developer must also submit a $400 fee along with the Application. MPCA Construction Stormwater Permit Overview. The developer does not need to submit the SWPPP with the Application. Minnesota Construction Stormwater General Permit.

However, if the project disturbs fifty (50) acres or more and discharges stormwater within a mile of special water or impaired waters, the developer must submit the SWPPP with the Application. Additionally, for these projects, the developer must submit the Application at least thirty (30) days before the start of construction activity. Minnesota Construction Stormwater General Permit. Special waters are described in Appendix A Part B of the Minnesota Construction Stormwater General Permit. Impaired waters are identified under section 303(d) of the Clean Water Act.

6-MN-b.3 to 6-MN-b.5 – Review Application Materials for Completeness

After receiving an Application, MPCA reviews the Application for administrative and technical completeness. If the Application is incomplete, MPCA notifies the developer of the Application’s deficiencies. Minn. Stat. § 7001.0090.

6-MN-b.6 – Construction Stormwater General Permit

Generally, Permit coverage is effective seven (7) calendar days after the developer submits a complete Application. However, if the project disturbs fifty (50) acres or more and discharges stormwater within a mile of special water or impaired waters, the Permit coverage is effective thirty (30) calendar days after the developer submits the complete Application. Minnesota Construction Stormwater General Permit. The Permit is subject to the following conditions:

  • The developer must not discharge a toxic pollutant;
  • The developer will be subject to penalties for not complying with a term or condition of the Permit;
  • The developer must submit monitoring data, calculations, and results on a discharge monitoring report form provided by MPCA;
  • The developer will be subject to penalties for falsifying, tampering with, or knowingly rendering inaccurate, a monitoring device or method prescribed by the Permit;
  • The developer will be subject to penalties for knowingly making a false statement, representation, or certification in a record or other document submitted or required to be maintained under the Permit; and
  • The developer must report any unanticipated violations of the Permit terms or conditions.

Minn. Stat. § 7001.1090(1).

6-MN-b.7 – Notice of Termination

The developer must submit a Notice of Termination to MPCA within thirty (30) days of final stabilization or transferring responsibility of the project to another party. Minnesota Construction Stormwater General Permit. Final stabilization can be achieved when:

  • All soil-disturbing activities have been completed;
  • A uniform perennial vegetative cover of at least 70 percent of the expected final vegetative growth density or other permanent cover has been established over the entire surface;
  • The permanent stormwater management system has been constructed and is operational;
  • Sediment has been removed from basins, ditches and other conveyance systems;
  • Temporary synthetic and structural BMPs have been removed; and
  • Construction on agricultural land has been returned to its original agricultural use.

MPCA Construction Stormwater Permit Overview.

The developer’s coverage under the Permit terminates at midnight on the submission date of the Notice of Termination. Minnesota Construction Stormwater General Permit.

6-MN-b.8 – Appeal Decision (Optional)

Any person aggrieved by any final decision of MPCA may obtain a judicial review of the decision. Minn. Stat. § 115.05(11). The appeal must be filed within thirty (30) days of MPCA’s decision. Minn. Stat. § 14.63.


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Edit Minnesota Pollution Control Agency
Statewide Storm Water Compliance Coordinator 507-206-2610 brianabbazabbagreen@stateabbazabbamnabbazabbaus Visit Website