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Duluth, MN Environmental Rules: Stormwater Management (2026)

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

Key Facts

Legal basis
Minn. Stat. §444.075 plus city charter
Fee basis
impervious surface area (ERU rate)
Exempt land
undisturbed parcels, ROW, airport runways
ERU recalculated
every 5 years by the director
Billing
monthly, combined with other utility bills
Delinquency deadline
payment due before October 1 each year

Summary

Under Minnesota Statutes Section 444.075 and its own charter authority, the City of Duluth runs a stormwater utility that charges every property owner a fee based on impervious surface area to fund the storm sewer system's operation, maintenance, and debt service. Fees are billed monthly and unpaid amounts become a lien collected the same way as delinquent property taxes.

Pursuant to Minnesota Statutes, Section 444.075, as made applicable to the city of Duluth by Laws of Minnesota, 1995, Chapter 90, and pursuant to the Duluth City Charter, the city hereby establishes a stormwater utility and authorizes the imposition of just and reasonable utility fees for the use and availability of storm sewer facilities. ... It is the purpose of this Article to provide a fair and organized method of maintaining a stormwater drainage system that will meet the future needs of the citizens of Duluth through the establishment of a reasonable and practical methodology for making stormwater utility charges.

Full Breakdown

075, as made applicable to Duluth by a 1995 special law, and the city's own charter authority, letting the city impose fees for the use and availability of storm sewer facilities. Section 43-64 explains why: aging stormwater infrastructure and tightening environmental rules create a financial burden the council wants funded by charges tied to the benefit each property receives, rather than the general tax levy. Section 43-66 sets the mechanics. Every parcel is classified residential, nonresidential, or undisturbed; undisturbed land, public rights-of-way, and airport runways and taxiways are exempt.

Residential fees equal an Equivalent Residential Unit (ERU) rate multiplied by the number of dwelling units on the property, while nonresidential fees equal the ERU rate multiplied by the property's impervious area divided by one ERU, with a one-ERU minimum. The director of public works and utilities calculates the citywide ERU value from a sample of properties and is directed to reestablish it every five years, and the Duluth Public Utilities Commission sets the actual fee rate by resolution. The director bills monthly, often combined with other city utility bills, and owner, lessee, and occupant are jointly and severally responsible for payment.

075, Subdivision 3: the city assessor certifies a delinquent roll each year, the clerk mails notice, and unpaid balances carry a Section 31-8 penalty and are processed like a special assessment under Chapter 70 of the City Charter.

Violations & Fines

Failing to pay a stormwater utility bill does not shut off water service by itself, but it starts the delinquency process under Section 43-66(g): the director reports unpaid fees to the city assessor by July 1, the assessor certifies a delinquent roll, the city clerk mails notice requiring payment before October 1, and the city council can confirm the roll with a Section 31-8 penalty added, after which the debt is collected like a property assessment under Chapter 70 of the City Charter.

Frequently Asked Questions

What is Duluth's stormwater utility fee based on?
Section 43-66 bases the fee on impervious surface area, expressed as Equivalent Residential Units, or ERUs. Residential properties pay the ERU rate times their number of dwelling units, while nonresidential properties pay the ERU rate times their impervious area divided by one ERU, with a one-ERU minimum charge.
Is any property exempt from Duluth's stormwater fee?
Yes. Section 43-66 exempts undisturbed parcels of land entirely, and also exempts public rights-of-way and airport runways and taxiways, since those areas do not generate the same billable use of the storm sewer system as developed residential or nonresidential property.
What happens if I don't pay my Duluth stormwater bill?
Section 43-66(g) treats unpaid stormwater fees like delinquent property taxes: the director reports them to the city assessor, the assessor certifies a delinquent roll, the clerk mails notice giving an October 1 payment deadline, and the council can confirm the roll with a Section 31-8 penalty before it is collected as a special assessment.
Who decides Duluth's stormwater utility rate?
The Duluth Public Utilities Commission sets the ERU rate by resolution under Section 43-66(c), sized to produce enough revenue to cover the stormwater utility's budget, while the director of public works and utilities calculates the underlying ERU value from citywide impervious-area data and updates it roughly every five years.

Sources & Official References

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