Rochester, MN Environmental Rules: Erosion Control (2026)

Sec. 4-1-3(b) bars a building permit for a new building until the city engineer has inspected and approved site grading, which requires rough grading to match approved property-corner elevations, temporary seeding or permanent cover within 45 days (or a shorter period set by an applicable stormwater permit) on any area not being worked, graded drainage easements with permanent and temporary erosion and sediment control measures in place per the approved plans, and completed stormwater conveyance facilities and ponds with their own erosion and sediment controls installed.

The city engineer may waive individual requirements if an overall grading plan and an interim/staged grading plan are approved, showing interim erosion and sediment control measures that keep drainage, erosion or sediment from affecting land outside the developer's control; those interim measures must stay functional until final grading and stormwater work is complete. Every building permit issued after the city engineer's approval must carry a notation that the permittee's work is subject to the grading plan, including its temporary erosion control measures. Subsection (b)(5) separately requires a grading permit before any grading work begins, makes it unlawful to grade inconsistently with permit conditions, and deems a project "discontinued" if no grading work occurs for 60 days (excluding November 15 to April 15).

The city engineer may issue stop orders and correction orders; violating a stop order or correction order, or grading without a permit, is a misdemeanor and can also be prosecuted as a public nuisance by the city attorney.