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Publications
CLEARWATER RIVER WATERSHED DISTRICT
Section 1.0 AUTHORITY These Rules and Regulations are adopted pursuant to Minnesota Statutes Section 103D.341 by the Board of Managers of the Clearwater River Watershed District to provide the managers with the powers necessary to carry out the provisions of the Minnesota Watershed Act.
Section 2.0 PURPOSE 2.1 Conserve the natural resources and eliminate pollution in the waters of the Watershed District through land use planning, flood control, and other conservation projects and by using sound scientific principles for the protection of the public health and welfare and the provident use of the natural resources. 2.2 Administer projects within the Watershed District. 2.3 Encourage the adoption of agricultural practices on lands within the Watershed District, which reduce water pollution, erosion and sedimentation. 2.4 Encourage the construction and maintenance of effective and efficient sewer systems within the Watershed District, which conform to existing standards. 2.5 Develop educational programs that serve to heighten public awareness of environmental issues within the Watershed District. 2.6 Encourage municipalities to protect the water resources of the Watershed District through proper management of the quantity and quality of stormwater runoff. 2.7 Coordinate federal, state and local land use activities on a watershed basis.
Section 3.0 DEFINITIONS For the purposes of these Rules and Regulations, certain words and terms are herein defined as follows, In the absence of a definition the definitions established for the State of Minnesota by case law shall apply. Best Management Practices shall mean methods found to be the most effective and practicable means of preventing or reducing non-point source pollution.Board or Board of Managers shall mean the five (5) duly appointed managers of the Clearwater River Watershed District.Catch basins or settling ponds shall mean any pond, depression, structure or other device that creates a storage of water by detaining or slowing the outflow of the water by natural or man-made means. Drainageway shall mean any natural or artificial channel that provides a course for the flow of water, whether that flow is continuous or intermittent.Feedlot or Animal Feedlot shall be a lot or buildings intended for the confined feeding, breeding, raising or holding of animals.Filters shall mean any natural or man-made wetland whose purpose is to remove nutrients and pollutants from water. Government Unit shall mean a federal, state, county, city, town, or other public body, agency, or political subdivision.Permit shall mean the permit document issued by a Government Unit for the purposes of permitting the applicant or permit holder to perform work in the district.Person shall mean any individual, firm, partnership, association or corporation, but does not include public or political subdivisions or government subdivisions.Plan shall mean information provided to allow for an informed decision including, but not limited to, a map, drawing, report, photograph or any similar supportive exhibit for a proposed work project. Shoreland shall mean land located within the following distances from public waters:
Stormwater Utilities shall mean a method to plan, organize, manage and finance a response to the growing problem of storm and surface water runoff caused by human influence on the landscape including both agricultural and urban development.Watershed District shall mean the legally established agency named and referred to as the Clearwater River Watershed District, when the first letters are capitalized. When the word "district" appears without capitalization it shall mean the lands contained within the boundary of the Government Unit, the Clearwater River Watershed District, as established by the Minnesota Board of Water and Soil Resources.Wetland shall mean any area described in Wetland Conservation Act, Rules, Chapter 8420.0110, Subpart 52, as may be amended from time to time.Work or works shall mean any construction, maintenance, repair or improvement, whether specifically in regard to water resources or not, carried out within the district.Shall and may , as used in these Rules and Regulations shall be construed to indicate a mandatory and permissive state or condition respectively.
Section 4.0 NOTIFICATION 4.1 No person, his agent, servant or employee shall undertake work within the Watershed District where a Government Unit requires a permit without first having obtaining such permit. The person doing such work shall at all times have the permit posted on the site or have it in their possession while doing work on the site. 4.2 Prior to the issuance of any permit for the purpose of land alteration involving more than 100 cu. yards of soil within the Watershed District, except for county issued building or shoreland construction site permits, all Government Units shall provide the Watershed District for its comment, a copy of the permit application. The Government Unit shall consider the Watershed District comments when issuing the permit. 4.3 All Government Units shall notify the Watershed District of plans or changes in surface water plans. 4.4 Any new plat that includes land abutting any lake or stream within the Watershed District shall be submitted to the Watershed District for its review and comment. This shall be done for the purpose of protecting the beds, banks and shores of said lakes and streams from improper encroachment and for the purpose of preventing pollution and alleviating damage by stormwater runoff. The Government Unit shall consider the Watershed District comments when approving the plat.
Section 5.0 DRAINAGE
5.1 GENERAL RULES FOR DISPOSAL OF SURFACE WATER No new open tile intakes shall be installed nor shall any existing open tile intakes be repaired or replaced without having a buffer system in place that is approved by the Board of Managers.
5.2 MUNICIPAL DEVELOPMENT AND DRAINAGE PLANS a. Each Government Unit within the Watershed District that changes its present drainage plan for the management of surface waters shall submit plans for the proposed changes to the Watershed District for review and comment at least sixty (60) days prior to approval of said plan. Wetlands designated to be left in their natural state by comprehensive land use plans shall not be used as dumps or fill sites. Wetlands shall not be altered without a permit from the appropriate Government Unit, subject to the right of the Watershed District to review and comment as provided in Section 4 of these Rules. b. Where runoff from lands that are urban or suburban in character is contributing to the pollution of any public water of the Watershed District, suitable stormwater utilities shall be maintained and cleaned by the Government Unit. c. A developer of land adjacent to lakes, permanent watercourses or wetlands must file a drainage plan with the Watershed District. All such plans must receive the Board’s approval before commencement of any kind of improvement. Changes will not be allowed in the shoreland areas that will adversely affect the ability of the wetlands or adjacent shorelines to act as a filter for the public waters off the district, thereby preventing or reducing the flow of pollution discharges directly to such waters.
Section 6.0 EROSION AND SEDIMENTATION
6.1 CONTROL AND ALLEVIATION OF SOIL EROSION AND THE SILTATION OF DRAINAGEWAYS AND LAKES OF THE DISTRICT a. All drainageways shall be constructed with an adequate side slope to minimize soil erosion, giving due consideration to the intended capacity of the drainageway, its depth, width and elevation and the character of the soils through which the drainage passes. b. Sloping lands abutting drainageways, lakes, ponds or reservoirs shall be used in such a manner so as to control sediment. c. Any construction project that requires the movement of earth or the removal of vegetation or topsoil shall provide adequate Best Management Practices for the prevention of erosion by wind and water both during and after construction.
Section 7.0 POLLUTION CONTROL
7.1 POLLUTION PROHIBITED No person shall pollute the waters of the Watershed District by placing or permitting to be placed or deposited in any of said waters, any sewage, industrial wastes, garbage, rubbish or other waste, nor shall such placement or depositing be allowed upon any private or public land from which such wastes or contaminants may be carried into the waters of the Watershed District.
7.2 SEWAGE SYSTEMS All persons or Government Units owning or occupying property within the Watershed District shall comply with all state and local regulations regarding construction operation and maintenance of municipal or individual sewage treatment systems.
7.3 AGRICULTURE WASTES All persons owning or operating animal feedlots shall comply with all state and local regulations regarding construction, operation and maintenance and monitoring of animal feedlots.
7.4 REPORTING OF CONTAMINATION Any person or Government Unit responsible for or having knowledge of any spills of untreated sewage, flooding of sewage systems or lift stations, spillage of petro-chemicals, or other hazardous wastes, flooding of fertilizers, stockpiles, manure heaps or feedlots, massive erosion of lands and other events which introduce pollutive contaminants into the surface and ground waters of the Watershed District shall report it to the Watershed District. The reporting of such an event to the Watershed District shall not relieve the person from making any other report required by law.
Section 8.0 ENFORCEMENT POWERS OF MANAGERS Pursuant to the Minnesota Watershed Act, every rule and regulation adopted by the Board of Managers shall have the full force and effect of law. Any provision of these rules or any order or stipulation agreement made by the Board of Managers of this Watershed District may be enforced pursuant to Sections 103D.545 and 103D.551 of the Minnesota Statutes, or other appropriate action.
Section 9.0 SEVERABILITY Should a court of proper jurisdiction declare any section, clause, phrase or condition of these Rules and Regulations invalid, the same shall not affect the validity of those Rules and Regulations, as a whole or any other part thereof other than the part declared invalid.
Section 10. ADOPTION These amended Rules and Regulations are hereby adopted pursuant to Minnesota Statues Chapter 103D on the 13th day of September , 19 99 .
CLEARWATER RIVER WATERSHED DISTRICT By ____________________ Chairperson, John Tracy ATTEST: By ____________________ Secretary, Richard Eckman
STATE OF MINNESOTA ) (SEAL) COUNTY OF ) s.s. On this 13th day of September , 19 99 , before me, a Notary Public within and for said County, personally appeared John Tracy and Richard Eckman , to me personally known, who, being each by me duly sworn, each did say that they are respectively the Chairperson and the Secretary of CLEARWATER RIVER WATERSHED DISTRICT, the corporation named in the foregoing instrument, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors and said John Tracy and Richard Eckman acknowledged said instrument to be the free act and deed of said corporation. Keith M. Markwardt (signed)
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Clearwater River Watershed District Box 481, Annandale, MN 55302 (320) 202-0554 Board Meetings Second Wednesday of the Month 7 p.m., at the Annandale Middle School Fourth Wednesday of the Month 6:30 p.m., at Stanley's Restaurant, Kimball |
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