Apple Valley, MN Environmental Rules: Erosion Control (2026)
Key Facts
- NRMP impervious trigger
- 0.2 or more acres of new impervious surface
- Land-disturbing threshold
- More than 20 cubic yards or 3,500 square feet of soil
- State NPDES permit trigger
- One or more acres disturbed
- Equipment hours
- Mon-Fri 7:00 a.m.-7:00 p.m.; Sat-Sun 8:00 a.m.-5:00 p.m.
- Stabilized site
- Perennial vegetation at 70% of expected final growth
- Permit lapse
- One year without significant progress
Summary
In the City of Apple Valley, Minnesota, construction that disturbs soil needs a natural resources management permit and a stormwater pollution prevention plan (SWPPP) naming its erosion and sediment controls. Apple Valley Code of Ordinances § 152.16 lists the required BMPs, from perimeter sediment devices to a rock construction entrance, and § 152.55(D) bars starting work before they are installed.
(b) The SWPPP shall comply with the "best management practices" (BMPs) for temporary and permanent erosion and sediment controls and pollution prevention that are deemed acceptable by the city. Required BMPs include, but are not limited to: 1. Perimeter sediment control devices; 2. Temporary erosion control practices; 3. Storm drain inlet protection devices; 4. Rock construction entrance; 5. Tree drip line or critical root zone perimeter protection for trees; 6. Removal of all debris, dirt and soil from impervious ground surfaces, including abutting public or private roadways and sidewalks, in connection with the subject property; 7. Designated concrete washout and illicit discharge prevention measures; 8. Any other erosion and sedimentation control device or pollution prevention measure as deemed necessary by the city to prevent pollution or protect public health, welfare, or safety. The erosion and sediment control measures shall comply with the MPCA's NPDES/Construction Stormwater Permit regulations;
Full Breakdown
Under Apple Valley Code of Ordinances § 152.15, a natural resources management permit (NRMP) is required before land-disturbing activity for new development, redevelopment or new building construction in any zoning district, for any building-permit project that expands a building or impervious surface, for work that affects slopes, trees or water bodies, and for 0.2 or more acres of new or reconstructed impervious surface. Section 152.02 defines land-disturbing activity to include moving more than 20 cubic yards of soil, disturbing 3,500 square feet or more of soil, or losing 10% or more of the significant trees on the land. No permit issues until the city approves the plan, and the application goes in at least 15 business days before the city considers it. City staff review applications administratively unless the project warrants City Council review.
The SWPPP under § 152.16(A)(3) must delineate the graded areas and identify the controls that limit erosion and sedimentation during the project, the permanent erosion control measures with a completion schedule, soil stockpile locations, illicit discharge prevention, and protection for water bodies and buffer zones. The printed BMP list is quoted above: perimeter sediment control, temporary erosion control, storm drain inlet protection, a rock construction entrance, tree drip line protection, removal of dirt from abutting roadways and sidewalks, and concrete washout. Section 152.55(D) adds that no land-disturbing activity starts without first properly installing BMPs, unless the city grants written permission. Topographic data on the plan must show contours at vertical intervals of not more than two feet.
A project disturbing one or more acres, or less than one acre within a common plan of development that will reach one acre, also needs an NPDES construction permit from the Minnesota Pollution Control Agency, and the contractor retains copies of all inspections onsite. No construction or grading equipment operates outside Monday through Friday 7:00 a.m. to 7:00 p.m. and Saturday through Sunday 8:00 a.m. to 5:00 p.m., and none on legal holidays. A site counts as stabilized when uniform perennial vegetation reaches a density of at least 70% of its expected final growth. The permit expires one year after issuance if significant progress is not made, but the applicant stays bound to restore the land grade and prevent erosion and illicit discharge.
Violations & Fines
Failure to follow the approved plan is grounds for the City Council to revoke the NRMP after a public hearing, with written notice mailed at least ten days ahead. Section 152.16(A)(2)(f) requires the plan to include work to correct eroding slopes, holes and depressions. Any code violation with no penalty of its own falls under § 10.99: a fine up to the misdemeanor maximum in Minnesota Statutes Chapter 609, jail up to that maximum, or both, with each day a separate offense.
Frequently Asked Questions
Do I need an Apple Valley permit to regrade part of my lot?
When does the state stormwater permit apply in Apple Valley?
What hours can grading equipment run on an Apple Valley site?
When does Apple Valley consider a disturbed site stabilized?
How long does an Apple Valley erosion control permit last?
Sources & Official References
Other rules in Apple Valley
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