The requirement for a permit from the Managers for certain uses of water or for certain works within the District is not intended to delay or inhibit development, rather the permits are needed so that the Managers are kept informed of planned projects. The Managers can advise, in some cases provide assistance and insure that development of the resources of the District is orderly and in accordance with the overall plan of the District.
MSTRWD permit is required if:
- Water is to be diverted from one watershed to another.
- Water is to be drained to a legal ditch.
- A ditch is to be repaired.
- A marsh is to be drained.
- A dike is to be constructed or altered.
- A reservoir is to be drained or constructed.
- A bridge, culvert, or drain is to be installed or changed.
- A natural waterway, lake, or marsh is to be changed.
- Construction is to be done near a waterway, lake, or marsh.
- Drain tile is to be installed
- A bridge is to be constructed or altered.
- The elevation of a public roadway is to be altered.
An application for a permit must be submitted by Wednesday prior to the meeting, by the owner or owners of the lands involved or their agent. If the applicant is a public corporation the application may be submitted by the person designated to oversee the activity for which a permit is requested.
- Applications submitted by a property owner on behalf of a lessee must be countersigned by the lessee.
- Applications shall be filed with the Secretary or Administrator for the District.
- A plan should accompany the application; if a plan lacks important information the Managers may request the applicant to furnish whatever additional information they deem appropriate.
- That all permit requests shall be submitted to the District on forms provided. District Staff will conduct appropriate investigation of the request, including site investigation, Engineer review & recommendations, and contacts of affected individuals and agencies as deemed necessary to provide a recommendation to approve or deny. The frequency design of the affected ditch and district policies that apply shall be noted by District staff, as well as anticipated effect of the request. All permit requests shall come before the Board at a scheduled meeting for further review, discussion, and appropriate action. The following exceptions shall apply: That the District Administrator is authorized to approve the following permits prior to the next regular scheduled board meeting:
- Temporary emergency repairs requested by a Government Agency (township, city or state) when public safety is a factor;
- Replacement of culverts with similar diameter and or elevation and location;
- Lengthening of in-place culverts
- Requests from other governmental agencies (township, city and state) that include hydraulic analysis performed by a registered Engineer.
Adequate time for review of the permits shall be not less than 3 working days prior to the regular scheduled board meeting. Permits that are received, that do not have sufficient time for the District Staff or the Engineer to review shall be addressed at the next scheduled meeting.
- No use or works requiring a permit from the Managers shall begin prior to the issuance of the permit.
- Unless specified in the permit, works for which a permit is given must be completed within one year.
- All permits shall be in writing and signed by the President of the Board of Managers or a person designated by him.
- No permit shall be issued until the applicant has paid all fees and met all conditions under M.S. Chapter 103D.345.
- The Managers will act upon a permit request within 60 days from the date the application and required data are received.
Obtaining a permit from the Managers does not relieve the applicant of the responsibilities of obtaining any other authorization required by law, or regulation or alter the applicant’s responsibility or liability under statutory or common law.
- Application Fee – The Managers reserve the right to charge an application fee as set forth under Minnesota law.
- Field Inspection Fee – If the nature of a permit application involves extraordinary expenses of the District the applicant shall pay the field inspection fee as determined by the Board pursuant to MSA 103D.345, Subd. 2.
- Monitoring Fee – If the nature of an activity or works is such that, in the opinion of the Board, monitoring the activity or works is necessary the applicant shall pay as a condition of the permit all costs and expenses incurred for such monitoring as the Board deems appropriate.