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Blue Earth County, MN Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Stormwater plan trigger
1+ acre of new impervious surface
Bluff setback
30 feet from top of bluff
Soil exposure limit
60 days maximum
Fill permit threshold (A/C)
Over 500 cubic yards
Fill permit threshold (RR/RT)
Over 50 cubic yards
Enforcing agency
County zoning administrator

Summary

In unincorporated Blue Earth County, section 24-304 requires an approved stormwater management plan before any new development covers or replaces vegetation with an acre or more of impervious surface, and it sets numeric limits on how much fill can be moved without an interim use permit. Sidewalks, trails and road resurfacing are exempt.

These county ordinances apply to unincorporated areas of Blue Earth County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Sec. 24-304. - Erosion control. (a)Generally. The county hereby adopts by reference Minn. Stats. §§ 103B.301—103B.355 as amended, for the purpose of managing water retention.(b)Impervious surface over one acre. New development that covers or replaces surface vegetation with an impervious coverage of one acre or more may not take place without the implementation of an approved stormwater management plan. Linear projects such as sidewalks, paths, trails and the reconstruction, repair, reconditioning or resurfacing of existing roads or impervious surfaces are exempt. ... (f)Filling. Filling in excess of 500 cubic yards of fill in the A and C district and in excess of 50 cubic yards of fill in the RR and RT districts; that is not in connection with any other permitted use, except when constructing an approved sanitary subsurface sewage treatment system, shall require an interim use permit.

Full Breakdown

Section 24-304 is the operative erosion-control ordinance for development outside the county's cities. Subsection (a) adopts Minnesota's water-retention statutes, Minn. Stats. §§ 103B.301-103B.355, by reference, tying the county's program to the state watershed management framework. Subsection (b) sets the trigger for stormwater review: once new development covers or replaces vegetation with one acre or more of impervious surface, it cannot proceed without an approved stormwater management plan, though linear projects like sidewalks, paths, trails, and the repair, reconditioning or resurfacing of existing roads and impervious surfaces are specifically exempted.

Subsection (c) adds bluff-specific rules: no structure may be erected within 30 feet of the top of a bluff, and if the bluff is actively eroding the zoning administrator can require a licensed engineer's geotechnical report and increase the setback based on its findings; excavations for walk-out basements and impervious surfaces such as patios are flatly prohibited within any bluff impact zone. Subsection (d) requires erosion and siltation control measures to be coordinated with construction staging, limits how much land can be exposed at once, and caps soil exposure at 60 days unless the planning commission approves an extension.

Subsection (f) regulates fill volume directly: filling more than 500 cubic yards in the Agricultural and Country districts, or more than 50 cubic yards in the Rural Residence and Rural Townsite districts, requires an interim use permit unless the fill is tied to an approved septic system installation.

Violations & Fines

Development that proceeds without the required stormwater management plan, that disturbs a bluff impact zone, or that exceeds the fill thresholds without an interim use permit is enforced as a zoning violation under section 24-44: a misdemeanor punishable by a fine up to $1,000.00, up to 90 days in jail, or both, with each day of continued noncompliance a separate offense. The zoning administrator can issue a stop-work order pending correction.

Frequently Asked Questions

Do I need a stormwater plan for a small home addition?
Only if the project covers or replaces vegetation with an acre or more of impervious surface. Section 24-304(b) sets that acre threshold as the trigger for requiring an approved stormwater management plan; smaller projects don't need one under this section.
Can I build within 30 feet of a bluff top?
No. Section 24-304(c) prohibits structures within 30 feet of the top of a bluff, and if the bluff is actively eroding, the zoning administrator can require a geotechnical report and increase that setback further.
How much fill can I bring onto rural residential property without a permit?
Up to 50 cubic yards in the RR and RT districts. Section 24-304(f) requires an interim use permit for filling beyond that amount, unless the fill is for an approved septic system.
How long can exposed soil sit during construction?
Section 24-304(d) caps soil exposure at 60 days, extendable only if the planning commission is satisfied that adequate erosion controls are in place.

Sources & Official References

Other rules in Blue Earth County

All Blue Earth County rules

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