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Minnesota Statewide Rule

Minnesota Construction Stormwater and Erosion Control Permit

Heavy RestrictionsApplies statewide across Minnesota (2026)

Key Facts

Coverage threshold
1 acre disturbed
Stabilization timing
7 or 14 days
Permit type
NPDES general permit
Issuing agency
MPCA
Last verified: September 5, 2026Source: Minnesota Revisor of Statutes

Summary

MPCA's NPDES Construction Stormwater General Permit, authorized under Minn. Stat. Ch. 115, applies statewide to land-disturbing activities of one acre or more, requiring SWPPPs, BMPs, and inspection regardless of which city issues the building permit.

Subpart 1. Scope. The commissioner shall notify owners and operators of construction activities that disturb one to less than five acres of soil and meet the requirements in subpart 2 or 3 that they are covered under the NPDES/SDS construction stormwater general permit even if the owner or operator has not submitted a permit application. Owners and operators that meet the requirements of subpart 2 or 3 may request an individual NPDES/SDS construction stormwater permit in accordance with chapter 7001.

Source: Minnesota Revisor of StatutesView official code

Full Breakdown

Any construction project disturbing one or more acres of land, or part of a common plan totaling one acre, must obtain coverage under MPCA's Construction Stormwater General Permit and follow the required Stormwater Pollution Prevention Plan. Operators must install perimeter sediment controls, stabilize exposed soils within 7 or 14 days depending on slope, manage dewatering, and conduct weekly and post-rain inspections. Permanent treatment must achieve volume retention or filtration consistent with the MN Stormwater Manual. Local governments may adopt additional erosion ordinances but cannot weaken MPCA permit requirements, and most communities incorporate the state standards by reference.

Violations & Penalties

Civil penalties up to $15,000 per day under Minn. Stat. 115.071, stop-work orders, and corrective restoration may apply for unpermitted disturbance or SWPPP failures.

Frequently Asked Questions

When is a Construction Stormwater Permit required in Minnesota?
Whenever land disturbance reaches one acre or more, including projects that are part of a larger common plan totaling one acre. Coverage must be obtained from MPCA before construction begins.
Can cities skip MPCA stormwater rules?
No. The NPDES Construction Stormwater General Permit applies statewide regardless of local rules. Cities can be stricter but cannot allow construction below MPCA's erosion and sediment control baseline.

Sources

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