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Carver County, MN Environmental Rules: Erosion Control (2026)

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

Key Facts

Permit trigger
1 acre or more of disturbance
Sensitive-area trigger
any acreage in sensitive area
Design standard
MN General Permit R100001
Financial security
letter of credit or cash escrow
Enforcement
stop-work order, § 153.71
Applies to
unincorporated CCWMO area

Summary

Carver County requires an erosion control permit for any construction activity of one acre or more, or smaller projects within a sensitive area, before ground is disturbed anywhere in the unincorporated Carver County Water Management Organization (CCWMO) area. Control measures must go in before work starts and must stop sediment from reaching state waters or neighboring land.

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

(A) Carver County adopts and incorporates by reference the erosion and sediment control design and operational standards as set forth in Minnesota Permit R100001 (the general permit authorization to discharge storm water associated with construction activity under the National Pollutant Discharge Elimination System), as amended from time to time. (B) Land altering activity shall not result in the detrimental deposition of sediment or construction materials into the waters of the state or onto neighboring property. Erosion and sediment control facilities must be installed prior to commencing any construction activity.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-20: Supplement contains: Local legislation current through Ord. 111-2025, passed 7-25-25).

Full Breakdown

Carver County Code of Ordinances Chapter 153 (Water Resource Management) governs erosion and sediment control for all land-altering activity within the CCWMO, which covers the unincorporated county. 11(A)(1)(a), a permit is required for projects with one acre or more of construction activity outside a sensitive area, for smaller phases of a common plan of development that together reach one acre, for any project under one acre located in a sensitive area, for projects releasing material off-site or into state waters, and for projects creating concentrated discharges over 10 cubic feet per second.

10(C) exempts routine tilling, planting and harvesting, emergency work to protect life or property, fence and utility pole installation, and certain trail, overlay and pavement-reclamation projects from all or part of the chapter, but exemption from formal review does not excuse compliance with the underlying standards. 55 sets the design and operational standard: the county adopts by reference the erosion and sediment control standards of Minnesota's General Permit R100001 (the NPDES construction stormwater permit), and land-altering activity may not result in the detrimental deposition of sediment or construction materials into state waters or onto neighboring property.

Control facilities must be installed before construction activity begins and maintained throughout the project, drawing on best-management-practice guidance in the Minnesota Stormwater Manual and MnDOT's 2006 Erosion Control Handbook. 73 requires the responsible party to post financial security, in the amount set in the county fee schedule, in the form of an irrevocable letter of credit, cash escrow, or other assurance acceptable to the county; federal, state, county, city and township projects are exempt from that security requirement.

Violations & Fines

Under § 153.71, the county may issue stop-work orders, notices of violation, and orders for correction; withhold inspections or a certificate of occupancy; revoke a prior county approval; draw on the § 153.73 financial security; and pursue court action, including injunctive relief, to force compliance. The county may recover the cost of corrective action in a civil action or certify those costs to the County Auditor as a special tax against the property.

Frequently Asked Questions

Does every construction project in Carver County need an erosion control permit?
No. Under § 153.11(A)(1)(a) a permit is required at one acre of disturbance, for smaller phases of a larger common plan reaching one acre, for any size project in a sensitive area, or for projects discharging material off-site. Routine tilling and emergency repair work are exempt under § 153.10(C).
What standard do erosion control measures have to meet?
Section 153.55 adopts the design and operational standards of Minnesota General Permit R100001 by reference, and requires that land-altering activity not deposit sediment or construction material into state waters or onto neighboring property, with controls installed before work begins.
What happens if a site is not controlling erosion properly?
Under § 153.71 the county can issue a stop-work order or notice of violation, withhold occupancy approval, revoke the county's prior approval, draw on the developer's posted financial security, and take the matter to court to recover corrective-action costs.

Sources & Official References

Other rules in Carver County

All Carver County rules

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