On the agenda: Le Center meeting — Data Center (Jun 18)

LE SUEUR COUNTY PLANNING AND ZONING COMMISSION
AGENDA

MEETING DATE:

June 18, 2026

PLACE:

Le Sueur County Government Center (Historic

Courthouse)

88 South Park Ave, Le Center, MN

TIME:

7:00 P.M.

****Planning and Zoning Commission Members if you CANNOT be at the meeting contact
the Environmental Services Department at 357-8538.

1. Call To Order
2. Agenda: Additions/Corrections/Approval
2.I. 06-18-2026 Agenda
Documents:
06-18-2026 AGENDA.PDF
3. Meeting Minutes: Additions/Corrections/Approval
3.I. 05-21-2026 DRAFT Minutes
Documents:
05-21-2026 DRAFT MINUTES.PDF
4. Applications
4.I. LE SUEUR COUNTY ZONING ORDINANCE AMENDMENT
Amendments to the Zoning Ordinance to affect Section 18 Environmental Performance
Standards.

4. Applications
4.I. LE SUEUR COUNTY ZONING ORDINANCE AMENDMENT
Amendments to the Zoning Ordinance to affect Section 18 Environmental Performance
Standards.

Documents:
PACKET - SEC. 18.PDF
5. Discussion Items
6. Warrants/Claims
7. Adjourn
Planning & Zoning Commission Public Hearing Procedure: The Chairman calls the meeting
to order, then calls the item to be heard and asks the Applicant or representative present to come
to the podium to answer any questions or present any comments. The Chairman opens the
meeting to the public. Each speaker comes to the podium and states their name for the record
prior to making a statement or posing a question. All questions or comments are to be
directed to the board, NOT THE APPLICANT. After the public comments the Planning
Commission publicly discusses the information and reviews the findings before making a
motion. All meetings are recorded.

AGENDA
LE SUEUR COUNTY PLANNING COMMISSION
MEETING DATE:

JUNE 18, 2026

TIME:

7:00 PM

PLACE:

Le Sueur County Government Center
88 S. Park Avenue, Le Center, MN 56057
1st Floor, County Commissioner’s Boardroom

VIRTUAL:

Online via Microsoft Teams
Dial in by phone: 1-469-850-4198
Meeting ID: 276 956 656 804 356
Passcode: ze68gZ2R

ALT. DATE:

JUNE 11, 2026 – This alternate date will be used in case of inclement weather or extenuating
circumstances which would not allow the Public Hearing to be held on the original date.

**Planning Commission Members if you CANNOT be at the meeting contact the Department 357-8538**

1.

Call to Order

2.

Agenda

Additions/Corrections/Approval

3.

Meeting Minutes

MAY 21, 2026 Additions/Corrections/Approval

4.

Applications
ITEM #1:

5.

Discussion Items

6.

Warrants/Claims

7.

Adjourn

LE SUEUR COUNTY ZONING ORDINANCE AMENDMENT: Amendments to the Zoning
Ordinance to affect Section 18 Environmental Performance Standards.

Planning & Zoning Commission Public Hearing Procedure: The Chair calls the meeting to order, then calls the item to be
heard and asks the Applicant or representative present to come to the podium to answer any questions or present any comments.
The Chair opens the meeting to the public. Each speaker comes to the podium and states their name for the record prior to
making a statement or posing a question. All questions or comments from the public are to be directed to the Planning
Commission, NOT THE APPLICANT. After the public comment period is closed, the Planning Commission publicly discusses
the information and reviews the findings before making a motion. All meetings are recorded.

LE SUEUR COUNTY PLANNING COMMISSION
88 SOUTH PARK AVENUE
LE CENTER, MINNESOTA 56057

MEMBERS PRESENT:

Pam Tietz, Jeanne Doheny, Shirley Katzenmeyer, Tina King, Al Gehrke, and
Commissioner King

MEMBERS ABSENT:

Doug Krenik and Mike Roche

OTHERS PRESENT:

NONE

1.

Call to Order: Chairperson Jeanne Doheny called the meeting to order at 7:00 pm.

2.

Agenda:

Additions/Corrections: NONE.
Motion to approve the agenda was made by SHIRLEY KATZENMEYER.
Second by TINA KING.
MOTION APPROVED. MOTION CARRIED.

3.

Minutes:

April 20, 2026, Meeting, Additions/Corrections: NONE.
Motion to approve the minutes was made by SHIRLEY KATZENMEYER.
Second by TINA KING.
MOTION APPROVED. MOTION CARRIED.

4.

Applications:

ITEM #1:

LEAH PETERSON, NEW PRAGUE, MN, (APPLICANT); JEFFREY & LEAH PETERSON,
NEW PRAGUE, MN, (OWNER): Request the County grant an Interim Use Permit to establish and
operate a Level II Home Occupation for boat upholstery and boat covers. The subject property is
located in part of Government Lots 2 & 3, Section 28 of Lanesburgh Township.

Brad O’Malley presented the PowerPoint presentation.
Jeffrey Peterson and Leah Peterson were present for the applicants.

INITIAL COMMENTS FROM THE APPLICANT:
Mrs. Peterson stated they plan to make and repair boat covers and hope to expand into marine upholstery.

INITIAL QUESTIONS FROM THE PLANNING COMMISSION:
Chairperson Doheny asked the applicants if have plans to start the business. Mrs. Peterson stated they have already
started the business in November of 2024 at their previous home.
Chairperson Doheny asked the applicants whether they have done any interior remodeling of the existing sheds on the
subject property. Mrs. Peterson stated they have not since they were waiting for Variance approval which they received
in May of 2026. Mr. Peterson stated he put up a few temporary lights, but they want to wait to receive the proper
permitting to make sure everything is done correctly.
Commissioner King asked the applicants if they live on the property. Mrs. Peterson stated they live on the property. Mr.
Peterson stated they purchased the property specifically to live on and operate the Home Occupation business.
Member Katzenmeyer asked the applicants if the two sheds are separate buildings or if they are connected. Mrs.
Peterson stated they are separate buildings.
Member Katzenmeyer asked the applicants if there are different operations in each structure. Mrs. Peterson stated the
southern shed will be used for pontoons and taller boats, and the northern shed will be used for the sewing machine and
smaller boats.
Member Katzenmeyer asked the applicants how many boats they have the capacity to work on. Mr. Peterson stated she
currently works part time for the business, so it takes about a week in a half to complete a boat cover.
Member Katzenmeyer asked the applicants if they imprint on the canvas covers. Mr. Peterson stated they have the
ability to, but it’s not something they expect.
Member Gehrke asked the applicants if they would venture into repairing awnings. Mrs. Peterson stated she does not
want to as they just want to stick to the boat covers and marine upholstery.
Commissioner King asked staff what are the checks and balances that the business will not grow into a business that is
larger than this property can support. Mr. Stubbs stated the Zoning Ordinance has requirements that limit the number of
employees and size of the Home Occupation. Mrs. Peterson stated they moved to the rural area because it was secluded
and they do not want to disturb the area with lots of traffic. Mrs. Peterson also stated she is aware that if the business
grew that they would need to purchase another property to operate the business on.
Chairperson Doheny asked the applicants if the neighbors are aware of the proposed Home Occupation. Mr. Peterson
stated they have not had the opportunity to talk to the neighbors since they just moved, but they were informed with the
public notice the County mailed out.
Chairperson Doheny asked the applicants how much traffic they anticipate on a daily basis. Mrs. Peterson stated they
anticipate maybe one vehicle a day. Mr. Peterson stated they have discussed requiring customers to make an
appointment prior to visiting to the property.
Chairperson Doheny asked the applicants if they have a lot of leftover materials to dispose of. Mrs. Peterson stated there
are not many materials besides some scrap cuts. Mrs. Peterson stated that she saves most of the scrap cuts to use for
patching holes if needed.

PUBLIC CORRESPONDENCE:

PUBLIC COMMENTS:

NONE

NONE

FOLLOW-UP QUESTIONS AND COMMENTS FROM THE PLANNING COMMISSION:
Member Tietz asked the applicants if the industrial sewing machine requires any special electrical components. Mrs.
Peterson stated it plugs into a regular outlet.
Chairperson Doheny asked the applicants if they intend to put flooring in the sheds. Mr. Peterson stated he plans to
repair the sheds and maintain them.

Member Tietz asked the applicants if any of the 7.5 acres are tillable. Mr. Peterson stated it is mostly woods and
wetlands.

ADDITIONAL PUBLIC COMMENTS:

NONE

PLANNING COMMISSION DISCUSSION:

NONE

REVIEW OF PROPOSED CONDITIONS:
Mr. O’Malley read each of the proposed conditions into the record.
Applicant’s Response: There were no questions or objections from the applicant.

FINDINGS:
1.

The interim use would not be injurious to the use and enjoyment of other property in the immediate vicinity for the
purposes already permitted, nor substantially diminishes and impairs property values within the immediate vicinity.
(5-0 in support)
 All members agreed with the proposed finding in the staff report.

2.

The establishment of the interim use will not impede the normal and orderly development and improvement of
surrounding vacant property for uses predominant in the area. (5-0 in support)
 All members agreed with the proposed finding in the staff report.

3.

Adequate utilities, access roads, drainage and other facilities have been or are being provided.
(5-0 in support)
 All members agreed with the proposed finding in the staff report.

4.

Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to service
the proposed use. (5-0 in support)
 All members agreed with the proposed finding in the staff report.

5.

Adequate measures have been or will be taken to prevent and control offensive odor, fumes, dust, noise and
vibration, so that none of these constitute a nuisance, and to control lighted signs and other lights in such a manner
that no disturbance to neighboring properties will result. (5-0 in support)
 They have 7 acres and are only using the homestead area. They can’t imagine the neighbors would be
offended by the business.
 All members agreed with the proposed finding in the staff report.

6.

The interim use is consistent with and supported by the statement of purposes, policies, goals and objectives in the
Ordinance. (5-0 in support)
 All members agreed with the proposed finding in the staff report.

7.

The interim use is consistent with the Comprehensive Land Use Plan. (5-0 in support)
 All members agreed with the proposed finding in the staff report.

Motion made by PAM TIETZ to recommend APPROVAL of the application with the conditions proposed in the
staff report.

Second by AL GEHRKE.
MOTION APPROVED (5-0). MOTION CARRIED.

ITEM #2:

LE SUEUR COUNTY ZONING ORDINANCE AMENDMENT: Amendments to the Zoning
Ordinance to affect Section 7 Conservancy District, Section 8 Agriculture District, Section 9
Urban/Rural Residential District, Section 10 General Business District, Section 11 General Industry
District, Section 16 Animal Feedlot and Manure Management, and Section 17 Subsurface Sewage
Treatment Systems of the Le Sueur County Zoning Ordinance.

Aaron Stubbs presented the PowerPoint presentation.
Aaron Stubbs represented the County for this proposal.

INITIAL COMMENTS FROM THE APPLICANT:
Sections 7-11:
Mr. Stubbs explained the proposed changes to the list of Uses for each District.
Mr. Stubbs also explained the removal of certain performance standards related to Dwellings, Access Drives,
Swimming Pools, etc. so these standards can be appropriately placed in the Section related to Performance Standards.
Mr. Stubbs then explained the proposed changes to the Dimensional Standards within the Agriculture District.
Section 16:
Mr. Stubbs explained the proposed changes related to Odor Management Plan requirements, proposed standards for
managing Animal Mortality, and a proposed requirement for non-registered feedlots.
Section 17:
Mr. Stubbs explained the proposed changes to this Section that clarify the list of items required when submitting a
septic design for review.
Mr. Stubbs also explained the proposed changes related to when a septic compliance inspection is triggered throughout
the County.
INITIAL QUESTIONS FROM THE PLANNING COMMISSION:

PUBLIC CORRESPONDENCE:

PUBLIC COMMENTS:

NONE

NONE

NONE

FOLLOW-UP QUESTIONS AND COMMENTS FROM THE PLANNING COMMISSION:
Sections 7-11:
There was lengthy discussion related to whether a Data Center should be a listed use in the Ag. District.
There was also discussion about whether the 500 ft. maximum Lot Depth in the Ag. District would help preserve larger
tracts of land.
Section 16:
There was discussion about amending the proposed Subdivision for Animal Mortality to only cover those items not
covered by State requirements such as distance to water table and setbacks to a water feature.
There was also discussion about the proposed items required in an Odor Management Plan.
There was also discussion and agreement with the proposed change that would require non-registered feedlots to submit
updated paperwork with the County every five years and require inspections to identify potential pollution problems.

Section 17:
There was limited discussion related to the application submittal requirements.
There was also discussion related to the different triggers for septic compliance inspections. The Planning Commission
was supportive of increasing the time for when a compliance inspection is required on a new septic system.

ADDITIONAL PUBLIC COMMENTS:

NONE

PLANNING COMMISSION DISCUSSION:

NONE

Motion made by PAM TIETZ to recommend Approval of the proposed amendments with the proposed changes.

Second by TINA KING.
MOTION APPROVED (5-0). MOTION CARRIED.

5.

P.C. Discussion Items:
1.

April 2026 PC Items
 All items were approved as recommended by the P.C.
 Condition requiring a Rain Garden on the Kubes CUP was removed.

2.

Comp. Plan Update
 Final Draft was posted online May 1st.
 Env. Services collecting public comments throughout May.
 Plan going to County Board for a final decision on June 2nd.

3.

Ordinance Revisions Update
 Section 18 (Environmental Performance Standards) to P.C. in June
 June Work Session – Section 6 (Overlay Districts) and Section 12 (Subdivision and Platting Standards)

4.

Upcoming Events:
 June 18th Planning Commission – Section 18 (Environmental Performance Standards)
 Application Deadline: May 19, 2026

6.

Warrants/Claim-signatures:

7.

Adjournment:
Motion to adjourn meeting by AL GEHRKE.
Second by PAM TIETZ.
MOTION APPROVED (5-0). MOTION CARRIED.

The meeting was adjourned by Chairperson Jeanne Doheny at 9:40 pm.
Respectfully submitted,
Aaron Stubbs
Recording of the meeting is on file in the
Le Sueur County Environmental Services Office

June 18, 2026 – ORDINANCE REVISION SUMMARY
The County Board’s 2024 decision to authorize the Environmental Services Department to begin updating
the County’s Comprehensive Land Use Plan and Zoning Ordinance marked the start of a multi-year
modernization effort. The goal was to ensure that the County’s planning framework—originally built for
earlier conditions—could better respond to current development pressures, environmental priorities, and
community expectations. This authorization launched a structured review process that would unfold over
several years and ultimately reshape how land use decisions are made throughout Le Sueur County.
Throughout 2025, County staff held numerous meetings with a wide range of stakeholder groups, including
agricultural representatives, business owners, township officials, environmental advocates, and residents
from across the County. These conversations were designed to gather broad perspectives on which elements
of the Comprehensive Plan and the Zoning Ordinance the public believed needed attention. Participants
consistently highlighted areas where regulations felt outdated, unclear, or misaligned with present-day land
use patterns. These discussions helped staff identify themes and priorities that will guide the next phases of
ordinance revision.
In addition to public engagement, the Environmental Services Department conducted several internal staff
workshops to evaluate the ordinance from an administrative and enforcement standpoint. Staff identified
sections they felt were cumbersome for residents, difficult to interpret, or inefficient to administer. This
internal review ensured that the update process addressed not only community concerns, but also practical
challenges encountered during day-to-day implementation of the zoning rules.
The work completed in 2024 and 2025 represents only the first phase of a larger, multi-year effort.
Additional updates to various Sections of the Zoning Ordinance will continue throughout 2026, with each
phase building on the feedback, analysis, and priorities identified during this initial review. By approaching
the update in stages, the County aims to create a clearer, more responsive, and more user-friendly regulatory
framework that supports both responsible growth and long-term environmental stewardship.
The following are proposed changes in addition to general corrections and typos.
1. SECTION 18 – Environmental Performance Standards
a. Reorganized the Subdivisions within the Section:
1) Wetlands.
2) Topographic Features (This is new).
3) Land Disturbance (Replaces Grading, Excavating, and Filling).
4) Abatement of Environmental Hazards.
5) Forest Management and Natural Vegetation Preservation.
6) Stormwater Management and Erosion Prevention & Sediment Controls.
7) Drainage (This is new).
8) Groundwater (This is new).
9) Best Management Practices (This is new).
10) State and Federal Recreational Areas (This is new).

b. Wetlands:
1) Expanded the subsections with this subdivision to include authority over Non-Regulated
Wetlands.
2) Added a dispute process for wetland boundaries.
3) Added standards for alterations, mitigation, and restoration
c. Topographic Features:
1) Expanded this to include Steep Slopes and Ravines along with Bluffs.
2) Prohibited the creation of paths in the Bluff.
3) Created standards for when disturbance in a Bluff cannot be avoided.
4) Limited the amount of area that can be disturbed at a given time.
d. Land Disturbance:
1) Created a series of Tiers to lay the foundation for administrative land disturbance permits
e. Abatement of Environmental Hazards:
1) No changes made.
f.

Forest Management and Natural Vegetation Preservation:
1) Added Tree General Standards and Removal Mitigation Standards.
2) Simplified the Natural Vegetation Standards and removed references to trees.

g. Stormwater Management and Erosion Prevention & Sediment Controls:
1) Added a series of stormwater controls to help manage future development.
2) Added standards for when a SWPPP is submitted.
3) Updated the Erosion Control requirements.
4) Added a subsection dedicated to maintenance requirements for erosion control measures.
h. Drainage:
1) Updated the Drainage Subdivision to include standards for private development which
intends to use the public system as an outlet.
2) Also added standards for public and private drainage.
i.

Groundwater:
1) Created a series of review standards for when development is proposed near sensitive
features.

j.

Best Management Practices:
1) Created a series of standards for different development types (Agricultural, Residential,
Commercial, and Industrial).

k. State and Federal Recreational Areas:
1) Created a series of standards for areas immediately adjacent to these Recreational Areas.

SECTION 18.

ENVIRONMENTAL PERFORMANCE STANDARDS

SUBDIVISION 1.

WETLAND CONSERVATIONWETLANDS

A. PURPOSE
The County finds that wetlands provide a variety of benefits. Wetlands maintain water quality
by filtering and absorbing polluted surface water runoff, reduce flooding and soil erosion,
recharge groundwater, provide fish and wildlife habitat, provide open space, and are an integral
part of the County’s environment. Wetlands are important physical, educational, ecological,
aesthetic, recreational, and economic assets to the County. They are critical to the County’s
stormwater management and other aspects of the public health, safety, and general welfare.
Regulating wetlands and the land uses around them are therefore in the public interest.
Wetlands provide essential benefits to the County by improving water quality, filtering
polluted runoff, reducing flooding and erosion, recharging groundwater, supporting fish and
wildlife habitat, and offering open space. They are significant physical, ecological,
educational, aesthetic, recreational, and economic resources. Wetlands also play a vital role
in stormwater management and in protecting public health, safety, and general welfare.
Given these functions, regulating wetlands and adjacent land uses is in the public interest.
This Ordinance applies to all wetlands within the County, including those regulated by the
Minnesota Department of Natural Resources and those created through development or
conservation activities. The County will rely on the Technical Evaluation Panel (TEP), as
established under Minnesota law, to provide scientific and technical guidance in the
identification, evaluation, and regulation of wetlands.
Through this Ordinance, the County seeks to accomplish the following:
1. Satisfy the requirements of the Wetland Conservation Act (WCA) as it may be amended
and, thereby, achieve no net loss of wetlands.
2. Protect wetlands that are not regulated by the Local Government Unit under the Wetland
Conservation Act (WCA).
3. Balance the needs to preserve and protect natural resources and systems with both the
rights of private property owners and the need to support the efficient use of developable
land within County limits.
4. Promote water quality by maintaining the ability of wetlands to recharge groundwater
and receive the discharge of groundwater, to retain pollutants, and to filter nutrient from
surface water runoff before it discharges into surface water resources.
5. Provide wildlife habitat and thereby support the maintain of diversity of both plant and
animal species.

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6. Prevent property damage and the losses associated with flood conditions, and to reduce
erosion problems.
7. Preserve natural character of the landscape through the restoration of wetland
ecosystems.
8. Protect high quality and rare wetlands (ex: calcareous fens) that provide important
ecological functions.
B. AUTHORITY
1. Regulated Wetlands: The Wetland Conservation Act (WCA) of 1991 and MN Statute
Chapter 8420, shall be adopted by reference, as amended from time to time. Le Sueur
County designates the administrative responsibilities as the local government unit (LGU)
to Le Sueur County Soil and Water Conservation Districts (SWCD) who will be
responsible for the implementation of WCA in order for Le Sueur County to fulfill their
responsibilities as the LGU. This subdivision shall be interpreted to implement the
purpose of the wetland conservation act, which is to:
a. Achieve no net loss in the quantity, quality, and biological diversity of Minnesota's
existing wetlands;
b. Increase the quantity, quality, and biological diversity of Minnesota's wetlands by
restoring or enhancing diminished or drained wetlands;
c. Avoid direct or indirect impacts from activities that destroy or diminish the quantity,
quality, and biological diversity of wetlands; and
d. Replace wetland values where avoidance of activity is not feasible and prudent.
2. Nonregulated Wetlands: The Wetland Conservation Act does not regulate all wetlands in
Minnesota. Le Sueur County has the ability to be more restrictive than the Wetland
Conservation Act and MN State Statue Chapter 8420. All wetlands not regulated by the
local government unit will and must adhere to all requirements and standards listed in this
Section of the Ordinance and any other state and federal rules and regulations that apply.
a. Public water wetlands are regulated under the Minnesota DNR; however, the
commissioner of the MN DNR can waive the requirements to obtain permits,
replacement plan, no-loss or exemption decisions if a public waters work permit is
required to the local government unit.
b. Wetlands that were established due to the Wetland Conservation Act of 1991.
Examples of these wetlands include but are not limited to stormwater basins and
wetland creations/restoration projects.

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C. PRESERVATION
To the extent possible, all wetlands shall be retained in their natural state. Alterations to
wetlands shall require review by the Le Sueur County SWCD. The following provisions
apply to wetlands in Le Sueur County.
1. Wetland Protection Areas: When identified through local, state, or federal plans, studies,
or by the technical evaluation panel, certain areas may be designated as special protection
areas. Wetland impacts within these areas may be limited or prohibited. These areas may
include but are not limited to:
a. Known cultural resource sites.
b. Rate and endangered species sites.
c. Critical wildlife habitat areas.
a.d. Calcareous Fens.
D. WETLAND BOUNDARY OR TYPE APPLICATIONS
Wetlands may change over time and may be subject to site inspections to verify wetland
type. An applicant or landowner may request a wetland boundary or type decision from the
Le Sueur County SWCD or submit a delineation prepared by a certified wetland delineator.
The applicant or landowner is responsible for providing all information necessary to support
the decision. Submittals must meet the wetland delineation report guidelines established by
the Board of Water and Soil Resources. A boundary or type application may be submitted
independently or as part of a no-loss, exemption, sequencing, replacement plan, or banking
application. Approved wetland boundary or type decisions are valid for five (5) years. If a
site is altered or conditions change during the five-year validity period, the landowner may
submit a new boundary or type decision prepared by a certified wetland delineator at their
own expense.An applicant and/or landowner may apply for a wetland boundary or type
decision from the Le Sueur County SWCD or submit a wetland boundary or type decision by
a certified wetland delineator. The applicant and/or landowner is responsible for submitting
proof necessary to make the decision. Applications for approval of wetland boundary or type
must include information in accordance with wetland delineation report submittal guidelines
provided. A wetland boundary or type application may be submitted independently or as part
of a no-loss, exemption, sequencing, replacement plan, or banking application.
E. DISPUTES
1. Boundary Type: If a landowner disagrees with the findings for a wetland boundary, the
landowner may appeal that decision. The landowner will be required to hire a consultant
at their own costs to complete a delineation if they do not agree with the local findings.
An appeal process does not guarantee a reversal in the decision but provides an
opportunity for the technical evaluation panel to further review the wetland boundary
decision.

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2. Notice of Decision: If a landowner disagrees with the findings of a Notice of Decision
that is issued by the Le Sueur County Soil and Water Conservation District, the
landowner may appeal that decision. The appeal must be made to the Board of Water and
Soil Resources in writing within thirty (30) days of the notice of decision.
E.F.

GENERAL STANDARDS

The following regulations shall apply in all Districts and all land within and abutting a
wetland:
1. New Structures or additions to existing structures shall be set back seventy five (75) feet
from the boundary of any Type three (3) through Type eight (8) wetland.
2. No part of any sewage treatment system shall be located closer than seventy five (75) feet
from the boundary of any Type three (3) through Type eight (8) wetland or ordinary high
water level.
3. Organic waste which would normally be disposed of at a solid waste treatment site or
which would normally be discharged into a sewage treatment system or sewer shall not
be directly or indirectly discharged to a wetland.
4. Access across a wetland shall be provided only by an elevated boardwalk or dock, and
such access is permitted solely upon obtaining all required local and state approvals and
demonstrating compliance with the performance standards established in this ordinance.
5. Untreated stormwater runoff from construction sites shall not be directed into a wetland.
G. WETLAND ALTERATIONS
1. This subsection follows the requirements of the Minnesota Wetland Conservation Act,
except that no permit shall be issued for dredging, excavating, or grading in any
wetland—including wetlands not regulated under WCA—unless the standards below are
met:
a. Proposed alterations shall not have a net adverse effect on the ecological and
hydrological characteristics of the wetland.
b. All proposed alterations shall be located as to minimize the impact on vegetation.
Exceptions may be allowed in basins dominated by invasive exotic species.
c. Proposed alterations shall not adversely change water flow.
d. The size of the proposed alterations shall be limited to the minimum amount required
for the proposed action.

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e. Disposal of material shall be prohibited within the wetland area unless it is part of an
approved wetland replacement plan.
f. Disposal of any material shall include proper erosion control and nutrient retention
measures.
g. Proposed alterations within any wetland area is prohibited during waterfowl breeding
season or fish spawning season, unless it is determined by the Minnesota DNR that
the wetland is not used for waterfowl breeding or fish spawning.
h. For wetlands not regulated by the WCA but regulated under this Section, special
exceptions for proposed alterations may be allowed if a Minnesota Licensed Engineer
determines that the work will provide meaningful flood-storage benefits.
H. MITIGATION STANDARDS
1. Wetlands must not be drained or filled, wholly or partially, unless replaced by wetland
areas of at least equal public value. Wetland Mitigations must be reviewed by the
Technical Evaluation Panel and approved by both local and states agencies prior to
occurring. Replacement will be guided by the following principles in descending order of
priority:
a. Avoiding the direct or indirect impact of the activity that may destroy or diminish the
wetland.
b. Minimizing the impact by limiting the degree or magnitude of the wetland activity
and its implementation.
c. Rectifying the impact by repairing, rehabilitating or restoring the affected wetland
environment.
d. Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity.
e. Compensating for the impact by replacing or providing substitute wetland resources
or environments. Compensation including the replacement ratio and quality or
replacement must be consistent with the requirements outlined in the rules adopted by
the Board of Water and Soil Resources described in the Wetland Conservation Act of
1991.

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I. EXEMPTIONS
Activities exempted by Minnesota Rules 8420.0122 shall also be exempted from the
provisions of this Chapter. However, Certificates of Exemption must be obtained from the Le
Sueur Soil and Water Conservation District (Delegated LGU) prior to starting work.
Applications for Exemptions will be reviewed and approved by the Le Sueur Soil and Water
Conservation District or designee.
J. ENFORCEMENT
The state Wetland Conservation Act (WCA) is enforceable under Minn. Stat. § 103G.2372
and Minn. R. 8420.0290. To provide an additional enforcement mechanism, the WCA and
associated rules—subject to the alternative standards in Section 18—are incorporated by
reference as part of Le Sueur County’s official controls. Any violation of the WCA or its
rules, subject to Section 18, constitutes a violation of the County’s official controls and may
be enforced accordingly. County enforcement is supplemental to, and does not amend or
supersede, enforcement under Minn. Stat. § 103G.2372 and Minn. R. 8420.0290.
K. RESTORATION
1. Wetland restoration activities must restore or enhance the ecological functions and values
of the wetland in accordance with the Minnesota Wetland Conservation Act (WCA),
Minn. Stat. § 103G.222–2372, Minn. R. 8420, and the performance standards of this
Ordinance.
2. General Standards
a. All wetland restoration projects must comply with WCA, associated rules, and any
alternative standards adopted in this Ordinance.
b. No restoration activity may begin until all required local, state, and federal permits
are obtained.
c. Restoration plans must be prepared or overseen by a qualified wetland professional
with demonstrated experience in hydrology, vegetation, and soil restoration.
3. Hydrology Standards
a. Restored wetlands must reestablish a hydroperiod consistent with the wetland type
being restored, based on Minnesota wetland classification standards.
b. Any water control structures must be designed to maintain natural hydrology and
prevent downstream or upstream impacts.
c. Tile breaks, ditch plugs, berms, or other hydrologic modifications must be installed to
restore natural water flow without causing flooding of adjacent properties.

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4. Vegetation Standards
a. Restored wetlands must be planted or allowed to regenerate with native wetland
vegetation appropriate to the wetland type and region.
b. A plan for monitoring and controlling invasive species must be implemented for a
minimum of three growing seasons.
c. By the end of the third growing season:
1) At least eighty (80%) percent of vegetative cover must consist of native wetland
species.
2) No more than ten (10%) percent of total cover may consist of invasive or
prohibited species.
5. Soil and Substrate Standards
a. Disturbed soils must be stabilized and amended as necessary to support native hydric
vegetation.
b. Existing hydric soils must be preserved in place whenever feasible; stockpiled soils
must be protected from erosion and compaction.
c. Temporary and permanent erosion control measures must be installed consistent with
the Minnesota Construction Stormwater General Permit.
6. Wildlife Habitat Standards
a. Restoration must improve habitat structure, including microtopography, cover, and
connectivity to adjacent natural areas.
b. A vegetated buffer of twenty five to fifty (25–50) feet (or as required elsewhere in
this Ordinance) must be established and maintained around the restored wetland.
7. Monitoring and Reporting
a. The restored wetland must be monitored for a minimum of five years, or longer if
required by WCA or permit conditions.
b. Annual monitoring reports must document hydrology, vegetation, invasive species
control, and compliance with performance standards.
c. If performance standards are not met, the landowner must implement corrective
measures approved by the Department.
8. Protection
a. Restored wetlands must be placed under a conservation easement, deed restriction, or
other permanent protection mechanism approved by the Department.

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b. Activities inconsistent with the restored wetland’s ecological function—including
filling, draining, mowing, grazing, or chemical application—are prohibited unless
specifically allowed by the protection instrument.
SUBDIVISION 2.

BLUFF REGULATIONSTOPOGRAPHIC FEATURES

A. PURPOSE
1. The purpose of this subdivision is to protect and preserve bluffs, steep slopes, and ravines
as critical natural resources that contribute to the environmental health, scenic character,
and long-term stability of the county. These landforms are highly susceptible to erosion,
slope failure, and degradation when disturbed. Their protection is essential to:
a. Prevent soil erosion, sedimentation, and degradation of surface and groundwater
resources, including public waters and wetlands.
b. Maintain the structural integrity and stability of bluffs and steep slopes by regulating
land alteration, vegetation removal, and development activities that increase the risk
of slope failure.
c. Preserve the natural scenic qualities and ecological functions of bluff and ravine
systems, including wildlife habitat, native vegetation, and natural drainage patterns.
d. Protect public safety, property, and infrastructure by minimizing hazards associated
with unstable slopes, erosion-prone soils, and improper development practices.
a.e. Ensure that land use and development occur in a manner consistent with the county’s
comprehensive plan, state shoreland management rules, and best practices for
sustainable land stewardship.
A.B.

GENERAL STANDARDS

1. All development shall conform to the natural limitations presented by the topography and
soil as to create the best potential for preventing soil erosion.
2. No structure shall be constructed in any Bluff or ,Bluff Impact Zone, or Ravine as
defined in this Ordinance. Stairways, Landings, and Lifts and those items deemed to be
Essential Services shall may be exempt from this standard.
3. Filling and cutting activity in any bluff shall be considered an interim use. In no case
shall cutting or filling within a Bluff, Bluff Impact Zone, or Ravine be allowed for the
purpose of establishing a site for the erection of a structure.
4. Fill or excavated material for walkout basements shall not be allowed within a bluff or
bluff impact zone.

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4.5.If the adjacent Bluff is actively eroding, the Department may increase the setback
requirement.
6. The creation of any path, trail, or route intended for walking or other forms of mobile
transportation within a Bluff, Bluff Impact Zone, Ravine, or Steep Slope shall be
prohibited.
7. Burning of yard waste shall be prohibited within a Bluff, Bluff Impact Zone, Ravine, or
Steep Slope.
8. Stormwater ponds, swales, infiltration basins, pervious pavers, rain gardens, and other
soil-saturation features shall be prohibited within a Bluff, Bluff Impact Zone, Ravine, or
Steep Slope.
9. Placement of paved areas, including but not limited to roads, driveways, patios, and
parking areas, shall be prohibited within a Bluff, Bluff Impact Zone, Ravine, or Steep
Slope.
10. Placement or storage of stockpiles shall be prohibited within any Bluff, Bluff Impact
Zone, Ravine, or Steep Slope.
11. Development on Steep Slopes with a grade between eight (8) to eighteen (18) percent
shall be carefully reviewed to insureensure adequate measures have been taken to prevent
erosion, sedimentation, and/or structural damage.
12. Established hiking trails shall only be permitted within a Bluff, Bluff Impact Zone,
Ravine, or Steep Slope when located in locally, state, or federally designated recreational
areas.
13. Intensive vegetation clearing within a Bluff, Bluff Impact Zone, Ravine, or Steep Slope
shall be prohibited.
14. All development shall conform to the natural limitations presented by the topography and
soil as to prevent impacts from soil erosion and runoff and ensure stability of the Ravine.
5.15.
Approval from the Department is required prior to installing emergency
stabilization measures in any Bluff, Bluff Impact Zone, Ravine, or Steep Slope.
C. BLUFF REGULATIONS
1. Land Disturbance within a Bluff
a. Land disturbance activities, including grading, excavation, filling, vegetation
removal, or construction, are prohibited within the Bluff and Bluff Impact Zone
unless expressly authorized under an approved restoration or stabilization plan.

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b. Disturbance within a Bluff may be allowed only for ecological restoration, erosion
control, or slope stabilization projects that:
1) Are designed and certified by a qualified professional;
2) Use natural, non-structural methods whenever feasible; and,
3) Demonstrate no increase in erosion, slope instability, or sedimentation.
c. A permit, issued by the Department, shall be required prior to any land alteration,
grading, excavation, vegetation removal, or construction activity within a Bluff or
Bluff Impact Zone.
d. Existing vegetation within the bluff must be preserved to the maximum extent
practicable. Removal of vegetation is allowed only when necessary for approved
restoration or hazard mitigation, and all disturbed areas must be replanted with
deep-rooted native species.
e. Any permitted land disturbance must implement best management practices (BMPs)
to prevent erosion and sediment transport.
f. Approved activities shall not alter the natural grade, drainage patterns, or
load-bearing characteristics of the Bluff in a manner that increases the risk of slope
failure or erosion.
g. No more than ten percent (10%) of the Bluff or Bluff Impact Zone may be disturbed
at any one time unless the disturbed area is fully stabilized before additional
disturbance occurs.
h. Any approved disturbance must be completed within the shortest feasible timeframe.
Exposed soils must be stabilized immediately upon completion of work or when
construction is paused.
i. The County may require site inspections, monitoring reports, or post-construction
verification to ensure compliance with approved plans and performance standards.
j. Construction of stairways, lifts, and landings:
1) Above the ground on posts or pilings and resulting in less than or equal to three
(3) cubic yards of disturbance in a Bluff shall require a Land Alteration Permit.
2) Above the ground on posts or pilings and resulting in more than three (3) cubic
yards of disturbance or result in cutting into the bluff (ex: stone stairs) shall be
prohibited.

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6.2.BLUFF SETBACKS
a. All structures shall be set back from the top and/or toe of the bluff:
1) Thirty (30) feet for bluffs with slopes eighteen (18) to thirty (30) percent.
2) Fifty (50) feet for bluffs with slopes greater than thirty (30) percent.
3) Existing Building Sites. All structures shall be set back thirty (30) feet from the
top or toe of the bluff.
7. SSTS shall be set back thirty (30) feet from the top or toe of the bluff.
a. For an existing dwelling, SSTS upgrade tank(s), and/or replacement tank(s):
1. Shall be exempt from bluff setback.
2. May be located within the bluff impact zone.
3. Shall not be located within the bluff.
4. Excavating within the bluff shall be prohibited.
5. Stockpiling within the bluff or bluff impact zone shall be prohibited.
a.b. If the adjacent Bluff is actively eroding, a geotechnical evaluation of the Bluff shall
be required, and the Department may use the results of that evaluation to increase the
setback requirement.If the adjacent bluff is actively eroding, the Department may
increase the setback requirement.
c. Structures and accessory facilities, except stairways and landings, shall not be placed
within bluff impact zones.
3. EXEMPTIONS
Activities necessary for the maintenance, repair, or replacement of public and private
roads, essential services, and public drainage systems are exempt from the standards of
this Section. Such activities may be conducted without additional review or permitting,
provided they do not expand the existing alignment, capacity, or footprint beyond what is
reasonably required to restore or maintain the existing infrastructure.
D. STEEP SLOPE REGULATIONS
1. Land Disturbance within a Steep Slope
a. Land disturbance activities within a Steep Slope shall be limited to the minimum area
necessary to complete the approved project. Applicants must demonstrate that
reasonable alternatives outside the Steep Slope have been evaluated.
b. A permit, issued by the Department, shall be required prior to any land alteration,
grading, excavation, vegetation removal, or construction activity within a Steep
Slope.

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c. Existing vegetation shall be preserved to the greatest extent practicable. Disturbed
areas must be restored with deep-rooted native vegetation or other
Department-approved stabilization methods upon completion of work.
d. All land disturbance activities must implement best management practices (BMPs) to
prevent erosion, sedimentation, and off-site impacts.
e. Activities shall not alter the natural grade, drainage patterns, or load-bearing
characteristics of the Steep Slope in a manner that increases the risk of erosion,
slumping, or slope failure.
1) The Department may require a geotechnical evaluation for projects involving
substantial grading or structural loads.
f. Stormwater shall not be discharged onto or across a Steep Slope unless conveyed
through a stabilized drainage system designed to prevent erosion.
1) Infiltration features may be allowed if a qualified professional demonstrates no
adverse impact to slope stability.
g. No more than twenty percent (20%) of a Steep Slope may be disturbed at one time
unless the disturbed area is fully stabilized before additional disturbance occurs.
h. Disturbance shall be scheduled to minimize exposure during periods of high rainfall
or runoff. Exposed soils must be stabilized immediately upon completion of work or
when construction is paused for more than fourteen (14) days.
i. The County may require inspections, monitoring reports, or post-construction
verification to ensure compliance with approved plans and these performance
standards.
2. Steep Slope Setbacks
a. All structures shall be set back a minimum of twenty (20) feet from the top and/or toe
of a Steep Slope.
b. Existing Building Sites. All future improvements or expansions to an existing
structure shall not decrease their existing setback from the top or toe of the bluff.
c. If the adjacent Steep Slope is actively eroding, a geotechnical evaluation of the Steep
Slope shall be required, and the Department may use the results of that evaluation to
increase the setback requirement.

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3. Exemptions
Activities necessary for the maintenance, repair, or replacement of public and private
roads, essential services, and public drainage systems are exempt from the standards of
this Section. Such activities may be conducted without additional review or permitting,
provided they do not expand the existing alignment, capacity, or footprint beyond what is
reasonably required to restore or maintain the existing infrastructure.
E. RAVINE REGULATIONS
1. Land Disturbance within a Ravine
a. Land disturbance activities, including grading, excavation, filling, vegetation
removal, or construction, are prohibited within a Ravine unless expressly authorized
under an approved restoration or stabilization plan.
b. Disturbance within a Ravine may be allowed only for ecological restoration, erosion
control, or slope stabilization projects that:
1) Are designed and certified by a qualified professional;
2) Use natural, non-structural methods whenever feasible; and,
3) Demonstrate no increase in erosion, slope instability, or sedimentation.
c. A permit, issued by the Department, shall be required prior to any land alteration,
grading, excavation, vegetation removal, or construction activity within a Ravine.
d. Existing vegetation within the Ravine must be preserved to the maximum extent
practicable. Removal of vegetation is allowed only when necessary for approved
restoration or hazard mitigation, and all disturbed areas must be replanted with
deep-rooted native species.
e. Any permitted land disturbance must implement best management practices (BMPs)
to prevent erosion and sediment transport.
f. Approved activities shall not alter the natural grade, drainage patterns, or
load-bearing characteristics of the Ravine in a manner that increases the risk of slope
failure or erosion.
g. No more than ten percent (10%) of the Ravine may be disturbed at any one time
unless the disturbed area is fully stabilized before additional disturbance occurs.
h. Any approved disturbance must be completed within the shortest feasible timeframe.
Exposed soils must be stabilized immediately upon completion of work or when
construction is paused.

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i. The County may require site inspections, monitoring reports, or post-construction
verification to ensure compliance with approved plans and performance standards.
2. Ravine Setbacks
a. All structures shall be set back fifty (50) feet from a ravine.
b. SSTS shall be set back fifty (50) feet from the ravine.
c. If the adjacent Ravine is actively eroding, a geotechnical evaluation of the Steep
Slope shall be required, and the Department may use the results of that evaluation to
increase the setback requirement.
3. Exemptions
Activities necessary for the maintenance, repair, or replacement of public and private
roads, essential services, and public drainage systems are exempt from the standards of
this Section. Such activities may be conducted without additional review or permitting,
provided they do not expand the existing alignment, capacity, or footprint beyond what is
reasonably required to restore or maintain the existing infrastructure.
F. PRESERVATION
The County recognizes Bluffs, Steep Slopes, and Ravines as critical natural features that
provide essential ecological, hydrologic, scenic, and environmental functions. Due to their
high susceptibility to erosion, slope failure, and degradation, these areas shall be preserved in
their natural state to the greatest extent practicable. It is the policy of the County to protect
and maintain the stability, vegetation, and natural drainage patterns of all bluffs, steep slopes,
and ravines by limiting land-disturbing activities, restricting development, and ensuring that
any permitted use does not compromise public safety, water quality, or the long-term
integrity of these sensitive landforms.
G. RESTORATION
1. General Requirement
All restoration activities within bluffs, steep slopes, and ravines shall be designed and
implemented to stabilize soils, reduce erosion, restore natural hydrology, and re-establish
native vegetation. Restoration must improve long-term slope stability and ecological
function without increasing risk to adjacent properties or public infrastructure.
2. Restoration Plan Submittal
a. A Restoration Plan shall be prepared by a qualified professional and must include:
1) Existing and proposed contours.
2) Soil stabilization methods.

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3) Vegetation restoration plan using native species.
4) Stormwater management measures.
5) Construction sequencing and erosion-control practices.
6) Long-term maintenance requirements.
3. Soil and Slope Stabilization Standards
a. Restoration must use methods that maintain or improve slope stability, including:
1) Bioengineering practices such as live staking, brush layering, or vegetated
geogrids.
2) Erosion-control blankets or matting appropriate for slope gradient.
3) Prohibition of exposed soils for more than 48 hours without stabilization.
4) Use of fill materials that are clean, compacted, and compatible with existing soils.
4. Vegetation Restoration Standards
a. Vegetation shall be restored using deep-rooted native species that support slope
stability and natural drainage. Standards include:
1) Minimum 90% vegetative cover within two growing seasons.
2) Removal of invasive species before planting.
3) Prohibition of turf grass on slopes greater than 12%.
4) Replacement of any failed plantings within one year.
5. Stormwater and Drainage Standards
a. Restoration shall maintain or improve natural drainage patterns and prevent
concentrated flow. Requirements include:
1) Stormwater directed away from bluff and ravine edges.
2) Energy dissipation at all discharge points.
3) No increase in peak runoff rates or volumes entering ravines.
4) Use of infiltration, dispersion, or other volume-reduction practices where feasible.
6. Structural Stabilization Standards
a. Where structural measures are necessary, they shall:
1) Be designed by a licensed professional engineer.
2) Blend with natural landforms to the extent practicable.

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3) Avoid creating new points of concentrated runoff.
4) Use naturalized materials where feasible (e.g., rock, wood, vegetated systems).
7. Construction and Erosion Control Standards
a. During restoration, the following performance standards shall apply:
1) Installation of perimeter controls prior to disturbance.
2) Immediate stabilization of disturbed soils.
3) Protection of existing vegetation outside the work area.
4) No equipment operation on slopes exceeding thirty (30%) percent unless
specifically approved by the Department.
5) Daily inspection of erosion-control measures during active construction.
8. Post-Restoration Monitoring and Maintenance
a. The current and future property owners shall maintain restored areas to ensure
long-term performance. Requirements include:
1) Monitoring for erosion, vegetation failure, or slope movement for twenty four
(24) months from completion of the project.
2) Repair of any erosion within 72 hours of identification.
3) Replacement of failed vegetation during the next growing season.
4) Removal of temporary erosion-control materials once vegetation is established
SUBDIVISION 3. GRADING, EXCAVATING, OR FILLING STANDARDSGENERAL
LAND DISTURBANCE STANDARDS
A. APPLICABILITY PURPOSE
1. Grading, excavating or filling activities that involve topographic alterations in all districts
shall conform to the following standards of this Section, with the following exceptions.
b. Grading, excavating, or filling activities necessary for the construction of structures,
sewage treatment systems, and driveways under validly issued zoning permits shall
be exempt from this standard.
c. Public roads and land alterations for agricultural purposes shall be exempt from this
standard.
2. Grading, excavating or filling activities within the bluff shall be an interim use.

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2. The purpose of this section is to:
a. Ensure that land disturbance activities do not alter natural drainageways or increase
stormwater runoff in a manner that contributes to flooding, erosion, or property
damage.
b. These standards aim to preserve existing vegetation and soil structure to the greatest
extent practicable, recognizing their essential role in stabilizing slopes and reducing
erosion.
c. Guide development and construction activities in a manner that balances land use
needs with environmental protection and long-term site stability.
d. Establish clear, consistent, and predictable requirements for reviewing and permitting
land disturbance activities throughout the County.
e. Promote the use of effective erosion control, sediment control, and stormwater
management practices during all phases of land disturbance.
B. GENERAL STANDARDS
1. Plans shall be submitted by the applicant and/or landowner as indicated in the following
table for review by the Department.
2. Erosion prevention and sediment control measures shall be required.
3. Unless an alternative timeframe is required or requested, the proposed land disturbance
activities shall be completed within one (1) year of permit issuance.
4. The permit shall specify what operations are to occur in the permitted area and what
general types of equipment may be used in the operation.
1.5.There shall be no substantial environmental impact or that such impact shall be alleviated
through the County’s Stormwater and Erosion Prevention and Sediment Control
Standards in this Section, and other conditions of the permit.
2.6.There shall be no substantial adverse impact on surrounding properties.
3.7.Grading, excavating or fillingAny Land Disturbance activities within a Shoreland
Overlay District shall conform to the regulations of this Ordinance.
8. Grading, excavating or fillingLand Disturbance activities in any type of wetland shall be
evaluated in accordance with the Wetland Conservation Act (WCA) and the applicable
State and County regulations, as administered by the Le Sueur County SWCD.

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9. A National Pollutant Discharge Elimination System (NPDES) permit shall be required
from the Minnesota Pollution Control Agency (MPCA) for any land disturbance greater
than one (1) acre.
4.10.
The creation of a Wildlife Pond, including all activities directly associated with its
construction, shall be permitted exclusively through the County Soil and Water
Conservation District. No zoning permit, conditional use permit, or variance shall be
required from the County for such activities, provided the project is reviewed, approved,
and administered by the Soil and Water Conservation District in accordance with
applicable State and Federal conservation standards.
C. PERMIT REQUIREMENTS
1. Tier 1 – Nominal Disturbance (≤ 1,000 ft2 or 50 yds3)
a. A land disturbance permit shall not be required for Tier 1 activities provided all Tier
1 standards are met.
b. Perimeter sediment controls must be installed around the project area prior to
disturbance and maintained until final stabilization.
c. Exposed soils must be stabilized within seven (7) days of completion of work.
2. Tier 2 – Minimal Disturbance (1,001 – 5,000 ft2 or 150 yds3)
a. A land disturbance permit issued by the Department shall be required prior to
beginning any Tier 2 activity.
b. Applicants shall submit a site plan showing:
1) The limits of disturbance;
2) Existing and proposed grades;
3) Location of stockpiles; and,
4) Proposed erosion and sediment control measures.
c. A basic erosion prevention and sediment control plan shall be submitted showing:
1) Perimeter controls around the project area;
2) Stabilized construction entrance; and,
3) Temporary stabilization measures.
d. Soil or material stockpiles shall be:
1) Located outside drainageways;
2) Protected with perimeter controls; and.

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3) Covered if left in place for more than seven (7) days.
e. Disturbance of existing vegetation shall be minimized.
f. All exposed soils must be stabilized within seven (7) days of completion of work or
when construction is paused for more than seven (7) days.
g. Permanent stabilization shall be completed within fourteen (14) days of final grading.
h. Stormwater runoff generated during construction shall be directed to stable,
non-erosive discharge points.
i. Temporary stormwater controls may be required to prevent off-site sediment
transport.
j. Work shall be scheduled to minimize exposure of soils during periods of high rainfall
or runoff. The Department may restrict construction timing based on site conditions.
k. The Department may conduct inspections during and after construction to verify
compliance with approved plans and permit conditions. Failure to comply may result
in stop-work orders or enforcement actions.
3. Tier 3 – Moderate Disturbance (5,001 – 10,000 ft2 or 350 yds3)
a. A land disturbance permit issued by the Department shall be required prior to
beginning any Tier 3 activity.
b. Applicants shall submit a scaled site plan and brief project narrative that includes:
1) Limits of disturbance;
2) Existing and proposed grades;
3) Location of stockpiles;
4) Construction access points;
5) Proposed erosion and sediment control measures around the project area; and,
6) Estimated project timeline.
c. A detailed erosion prevention and sediment control plan shall be submitted showing:
1) Perimeter sediment controls;
2) Stabilized construction entrance;
3) Temporary stabilization measures for exposed soils;

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4) X
d. Soil or material stockpiles shall be:
1) Located outside drainageways and at least 25 feet from property lines;
2) Surrounded by perimeter controls; and,
3) Covered if left in place for more than seven (7) days or during forecasted rainfall.
e. Disturbance of existing vegetation shall be minimized.
f. All exposed soils must be stabilized within seven (7) days of completion of work or
when construction is paused for more than seven (7) days.
g. Permanent stabilization shall be completed within fourteen (14) days of final grading.
h. Native or deep-rooted vegetation is preferred for long-term stabilization.
i. Stormwater runoff generated during construction shall be directed to stable,
non-erosive discharge points.
j. Temporary stormwater controls may be required to prevent off-site sediment
transport.
k. Concentrated flows must
energy-dissipation features.

be

conveyed

through

stabilized

channels

or

l. Infiltration practices may be used if soils are suitable and do not create nuisance
conditions.
m. Disturbance shall be phased to limit the amount of exposed soil at any one time. The
Department may require smaller phases based on site conditions or proximity to
sensitive resources.
n. The permit holder shall inspect all erosion and sediment control measures at least
once every seven (7) days and within 24 hours after rainfall events of one-half (0.5)
inches or greater. Deficiencies must be corrected immediately.
o. The Department may conduct inspections during and after construction to verify
compliance with approved plans and permit conditions. Failure to comply may result
in stop-work orders or enforcement actions.
4. Tier 4 – Major Disturbance (10,001 – 20,000 ft2 or 750 yds3)
a. A land disturbance permit issued by the Department shall be required prior to
beginning any Tier 4 activity.

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b. Applicants shall submit a scaled site plan and brief project narrative that includes:
1) Limits of disturbance;
2) Existing and proposed grades;
3) Location of stockpiles;
4) Location of utilities and drainage features;
5) Construction access points;
6) Proposed erosion and sediment control measures around the project area; and,
7) Construction sequencing and estimated timeline.
c. A comprehensive erosion prevention and sediment control plan must be prepared and
include:
1) Perimeter sediment controls;
2) Stabilized construction entrance;
3) Temporary diversion berms or swales (if needed);
4) X
5) Temporary stabilization measures for exposed soils, and,
6) Protection of wetlands, drainageways, and public waters within 200 feet.
d. Soil or material stockpiles shall be:
1) Located outside drainageways and at least 25 feet from property lines;
2) Surrounded by perimeter controls; and,
3) Covered if left in place for more than seven (7) days or during forecasted rainfall.
e. Disturbance of existing vegetation shall be minimized.
f. All exposed soils must be stabilized within seven (7) days of completion of work or
when construction is paused for more than seven (7) days.
g. Permanent stabilization shall be completed within fourteen (14) days of final grading.
h. Native or deep-rooted vegetation is preferred for long-term stabilization.

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i. Stormwater runoff generated during construction shall be directed to stable,
non-erosive discharge points.
j. Temporary stormwater controls may be required to prevent off-site sediment
transport.
k. Concentrated flows must
energy-dissipation features.

be

conveyed

through

stabilized

channels

or

l. Infiltration practices may be used if soils are suitable and do not create nuisance
conditions.
m. Disturbance shall be phased to limit the amount of exposed soil at any one time. The
Department may require smaller phases based on site conditions or proximity to
sensitive resources.
n. The permit holder shall inspect all erosion and sediment control measures at least
once every seven (7) days and within 24 hours after rainfall events of one-half (0.5)
inches or greater. Deficiencies must be corrected immediately.
o. The Department may conduct inspections during and after construction to verify
compliance with approved plans and permit conditions. Failure to comply may result
in stop-work orders or enforcement actions.
5. Tier 5 – Large-Scale Disturbance (> 20,001 ft2 or 750 yds3)
a. A land disturbance permit issued by the Department shall be required prior to
beginning any Tier 5 activity.
b. All permit applications must include technical drawings, calculations, and supporting
documentation prepared, signed, and certified by a professional engineer licensed in
the State of Minnesota. The plan shall include:
1) Limits of disturbance;
2) Existing and proposed grades;
3) Location of stockpiles;
4) Location of utilities and drainage features;
5) Drainage patterns and hydrologic analysis;
6) Stormwater management design;
7) Construction access points;
8) Proposed erosion and sediment control measures around the project area; and,

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9) Construction sequencing and estimated timeline.
c. A comprehensive erosion prevention and sediment control plan must be prepared and
include:
1) Perimeter sediment controls;
2) Stabilized construction entrance;
3) Temporary diversion berms or swales (if needed);
4) X
5) Temporary stabilization measures for exposed soils, and,
6) Protection of wetlands, drainageways, and public waters within 200 feet.
d. Soil or material stockpiles shall be:
1) Located outside drainageways and at least 25 feet from property lines;
2) Surrounded by perimeter controls; and,
3) Covered if left in place for more than seven (7) days or during forecasted rainfall.
e. Disturbance of existing vegetation shall be minimized.
f. All exposed soils must be stabilized within seven (7) days of completion of work or
when construction is paused for more than seven (7) days.
g. Permanent stabilization shall be completed within fourteen (14) days of final grading.
h. Native or deep-rooted vegetation is preferred for long-term stabilization.
i. Stormwater runoff generated during construction shall be directed to stable,
non-erosive discharge points.
j. Temporary stormwater controls may be required to prevent off-site sediment
transport.
k. Concentrated flows must
energy-dissipation features.

be

conveyed

through

stabilized

channels

or

l. Infiltration practices may be used if soils are suitable and do not create nuisance
conditions.

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m. Disturbance shall be phased to limit the amount of exposed soil at any one time. The
Department may require smaller phases based on site conditions or proximity to
sensitive resources.
n. The permit holder shall inspect all erosion and sediment control measures at least
once every seven (7) days and within 24 hours after rainfall events of one-half (0.5)
inches or greater. Deficiencies must be corrected immediately.
o. The Department may require periodic certification from the licensed engineer
confirming that construction is proceeding in accordance with approved plans and
that BMPs are functioning as intended.
p. The Department may conduct inspections during and after construction to verify
compliance with approved plans and permit conditions. Failure to comply may result
in stop-work orders or enforcement actions
6. Tier 6 – High-Impact Disturbance (proximity to sensitive features)
a. A land disturbance permit issued by the Department may be required prior to
beginning any Tier 6 activity.
b. In addition to those items listed in the applicable Tier based on the amount of
disturbance being proposed, for Tier 6 activity the following standards shall apply:
1) The applicant shall establish a vegetative buffer with a minimum width of onehalf (1/2) the required structure setback from the applicable sensitive feature.
a) The vegetated buffer shall be maintained and/or restored immediately after an
accidental disturbance for the duration of the project.
2) Stockpiling and/or equipment staging within the buffer zone shall be prohibited.
3) A Sensitive Feature Impact Report shall be required for any project within one
hundred (100) feet of:
a) Steep Slopes of Bluffs
b) Shoreland
c) Groundwater Recharge Areas
d) Rare Species Habitat
Assessment must identify erosion risks, hydrologic changes, and mitigation
measures, similar to environmental review expectations in county ordinances.
4) The proposed area of disturbance shall be clearly staked and there shall be an
immediate penalty for encroachment.
5) X

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1. Plans shall be submitted by the applicant and/or landowner as indicated in the following
table for review by the Department. The Department may request review by the SWCD.
2. Erosion control measures shall be required. Erosion and siltation of the surrounding area
shall be prohibited.
3. Unless an alternative timeframe is required by an interim use permit, the proposed
grading, excavating or filling activities shall occur within one (1) year of permit issuance.
4. The permit shall specify what operations are to occur in the permitted area and what
general types of equipment may be used in the operation.
5. A National Pollution Discharge Elimination System (NPDES) permit shall be obtained if
the land disturbance is greater than one (1) acre.
6. Refer to the following table for permitting requirements for grading, excavating or filling
activities in each zoning district.

(TABLE ON NEXT PAGE)

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Permitted Use

ZONE
Shore Impact Zone
Bluff Impact Zone

Bluff

Special Protection

(No requirements)

SIZ
BIZ

SP

<5 cu yds

Prohibited

Permitted Use
w/LAP

5-10 cu yds

Land Alteration Permit
(LAP) Requirements

Scaled Site plan w/ 2-foot
contours depicting existing and
proposed topography.

≤ 3 cu yds

Interim Use

>10 cu yds

Prohibited

≤ 3 cu yds

SP

<25 cu yds

25-50 cu yds

>3 cu yds

RC

<25 cu yds

25-50 cu yds

Recreational Residential

RR

<25 cu yds

25-50 cu yds

>50 cu yds
Scaled Site plan w/ 2-foot
contours depicting existing and
proposed topography.

Parcels < 5 ac:
>50 cu yds

R1

<25 cu yds

25-50 cu yds

Conservancy

C

<25 cu yds

25-50 cu yds

Business

B

<25 cu yds

25-50 cu yds

Parcels 5-20 ac: Scaled Site
plan w/ 5-foot contours depicting
existing and proposed
topography.

As-Built upon completion.

>50 cu yds
>50 cu yds

I

Parcels less than 20 acres
Agricultural

A

<250 cu yds

<250 cu yds

250-500 cu yds

250-500 cu yds

A

>500 cu yds

Parcels > 20 ac: Scaled Site
plan w/ 10-foot contours
depicting existing and proposed
topography.

500-1000 cu yds

** Road projects and farming practices are exempt from Grading, Excavating, and Filling requirements.

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Scaled Site plan w/ 5-foot
contours depicting existing and
proposed topography.
As-Built upon completion.

>500 cu yds

>500 cu yds

As-Built upon completion.

Parcels more than 20
acres

Parcels 5-20 ac:

>50 cu yds
As-Built upon completion.

Industrial
Agricultural

Scaled Site plan w/ 2-foot
contours depicting existing and
proposed topography.

>50 cu yds
As-Built upon completion.

Urban/Rural Residential

Site plan & As-Built
completed by a surveyor
or engineer.

>3 cu yds

Parcels < 5 ac:
Recreational Commercial

Scaled Site plan w/ 2-foot
contours depicting existing and
proposed topography.
As-Built upon completion.

As-Built upon completion.

RR

Interim Use
Requirements

Parcels > 20 ac:
Scaled Site plan w/ 10-foot
contours depicting existing and
proposed topography.
As-Built upon completion.

>1000 cu yds

Site plan & As-Built
completed by a surveyor
or engineer.

D. ASSURANCE REQUIREMENTS
1. A financial guarantee in the form of an escrow account shall be required for all grading,
excavating, or filling activities that involve the disturbance of more than twenty thousand
(20,000) square feet of area. The escrow account must be established in an amount and
form acceptable to the County and shall be deposited with the Department prior to the
commencement of any land-disturbing activityA performance bond, letter of credit, or
other improvement security satisfactory to the County shall be required to be filed with
the Department for grading, excavating or filling activities involving the movement of
more than fifteen hundred (1500) cubic yards of material.
a. The County Department shall specify the amount and type of assurance required
during the pre-application phase.
b. The assurance shall be used to reimburse the County for any monies, labor, or
materials expended to bring the operation into compliance with the conditions of the
permit. This includes, but is not limited to cover all costs of improvements,
landscaping, maintenance of improvements, engineering, inspection and professional
fee and consultant costs.
c. The assurance may be used in the event of failure to execute any phase of the
restoration plan specifically scheduled as required in the permit.
d. This option may be executed one hundred and eighty (180) days after written notice
of non-compliance to the applicant and/or landowner.
2. The applicant and/or landowner shall acquire and keep in force for the duration of the
permit, liability insurance specifically covering the project.
3. The applicant and/or landowner shall provide certification of insurance.
E. EXEMPTIONS
1. Grading, excavating, or filling activities necessary for the construction of structures,
sewage treatment systems, and driveways under validly issued zoning permits.
2. Public roads and land alterations for agricultural purposes shall be exempt from this
standard.
3. X

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SUBDIVISION 4.

ABATEMENT OF ENVIRONMENTAL HAZARDS.

A. Land use permits shall notNo County permit or license shall be approved until all known
environmental hazards situated on the subject property have been abated in a manner
prescribed by law. Environmental hazards include, but not limited to the following:
1. Unused or improperly sealed wells, cisterns, pits, tanks, and similar hazards.
2. Unapproved sites where man made articles are stored, abandoned or discarded.
3. Discarded appliances.
4. Inoperative, or unlicensed motor vehicles, combustion engines and parts.
5. Any hazardous waste materials.
6. Abandoned, dilapidated, or burned out structures.
7. Other uses deemed similar to those listed above by the County Zoning Administrator.
SUBDIVISION 5.

FOREST MANAGEMENT AND NATURAL VEGETATION
PRESERVATION

A. PURPOSE
The County desires to protect and preserve a variety of different vegetation and habitat types.
Vegetation provides numerous environmental, economic, and scenic benefits. They help
filter air pollutants, absorb stormwater runoff, provide wildlife habitat, moderate
temperatures, reduce cooling costs, increase property values, provide scenic beauty, provide
sound and visual buffers, and provide screening for privacy. It is therefore the County’s
intent to protect, preserve, and enhance vegetation to encourage a resourceful and prudent
approach to development within the County. Natural vegetation, including ground cover and
trees, shall be preserved and maintained to the greatest extent possible in order to:
1. Preserve the natural character of neighborhoods (in developed and undeveloped areas).
2. Protect the health and safety of residents.
3. Protect water quality and minimize stormwater runoff.
4. Help prevent erosion and runoff.
5. Reduce flooding.
6. Assure orderly development within wooded areas to minimize tree loss and
environmental degradation.

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7. Establish a minimum standard for tree preservation and mitigation of environmental
impacts resulting from tree removal.
8. Ensure the County’s tree population has a good age and species distribution.
9. Ensure the health and wellbeing of the County’s forests, woodlands, prairies, wetlands,

and grasslands.
10. Promote the planting of trees.
11. Promote the establishment of native vegetation.
B. FOREST MANAGEMENT STANDARDS
1. The harvesting of timber and associated reforestation or conversion of forested use to a
nonforested use must be conducted consistent with the following standards:
a. Timber harvesting and associated reforestation shall be conducted consistent with the
provisions of the most-current Minnesota Nonpoint Source Pollution AssessmentForestry and the provisions of Water Quality in Forest Management "Best
Management Practices in Minnesota."Management Program Plan.
b. Prior to the granting of a County zoning permits, it shall be the responsibility of the
applicant and/or landowner to demonstrate that there are no feasible or prudent
alternatives to the cutting of trees on the site.
c. Residential development shall not disturb or remove more than one-half (1/2) acre of
healthy tree cover for the building pad, accessory structure, driveway, septic system,
firebreak, well or for any other purpose without first providing a tree replanting plan
for the site.
d. Commercial or Industrial development shall not disturb more than one (1) acre of
healthy tree cover for the building pad, accessory structure, driveway, septic system,
firebreak, well or for any other purpose without first providing a tree replanting plan
for the site.
a.e. Encourage adoption of forest best management practices provided by State agencies.
C. TREE GENERAL STANDARDS
1. Structures shall be located in such a manner that the maximum number of trees shall be
preserved.
2. Intensive vegetation clearing in Shoreland Areas is prohibited.

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3. No trees shall be cleared or in any way removed from the site unless replaced with one
(1) trees for every tree that is removed and a variety of trees shall be used.
a. Replacement trees shall have a minimum caliper of two (2) inches measured at four
and one-half (4.5) feet above ground level.
4. No building, materials, machines, or equipment of any description shall be piled near any
tree unless such tree is first sufficiently protected by a proper guard and/or tree protection
fencing.
5. Forestation, reforestation or landscaping shall utilize a variety of tree species and shall
not utilize any species presently under disease epidemic. Native species are
recommended, however species planted shall be hardy under local conditions and
compatible with the local landscape. No more than seventy five (75) percent of the
replacement trees shall be of the same species of tree without the approval of the
Department.
6. The root zone of existing trees shall be preserved and protected during development
including grading and contouring, so that the trees will not be adversely affected by the
work.
7. The removal of trees seriously damaged by storms or other natural causes, or diseased
trees shall be allowed.
8. For entirely wooded parcels, the applicant shall work with County staff to identify
alternative locations for tree replacement.
9. All new trees shall be guaranteed for a full growing season from the time planting has
been completed. All trees shall be alive, of good quality and disease free at the end of the
warranty period or be replaced. Any replacements shall be warranted for a full growing
season from the time of planting. The growing season is herein defined as the period from
June 1 to September 30.
10. Tree planting operations shall be conducted under favorable weather conditions during
one of the following planning seasons as specified herein. For deciduous trees, spring
planting should occur from April 1 to June 30; and fall planting from September 30 to
November 15. For coniferous trees, spring planting should occur from April 1 to May 15;
and fall planting from August 15 to October 15.
11. Timing of tree removal shall be as such to minimize tree loss.
12. Removal of trees within a wetland is allowed but must follow the wetland standards
within Section 18 of this ordinance. Prior approval with a Land Alteration Permit from
the Department shall also be required.

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D. TREE REMOVAL MITIGATION STANDARDS
1. A Tree Removal and Preservation Plan shall be required if the applicant and/or
landowner will be cutting or removing trees on site. A tree inventory shall be submitted
by the property owner and identify all trees with a caliper of six (6) inches or greater
(measured at four and one-half (4.5) feet above ground level. The tree preservation plan
shall include:
2. Delineation of the buildings, structures, or impervious surfaces situated thereon or
contemplated to be built thereon.
3. Delineation of all areas to be graded and limits of proposed land disturbance within the
subdivision. The limits of approved site grading shall be delineated in the field.
Significant trees shall be protected by fencing located at the perimeter of its critical root
zone.
4.

An inventory of size, species, and location of all existing significant trees, specimen
trees, and significant woodlands located within seventy-five (75) feet of the areas to be
graded and limits of land disturbance created by the subdivision. These significant trees
and significant woodlands should be identified in both graphic and tabular form. If no
significant trees exist within seventy-five (75) feet of the grading limits, a tree inventory
will not be required.

5. Identification of all significant trees and significant woodlands proposed to be saved or
removed within the tree inventory area. These significant trees and significant woodlands
shall be identified in both graphic and tabular form.
6. Identification of all diseased, hazardous, or nuisance trees.
7. Measures to protect significant trees and significant woodlands.
8. Removal of trees is allowed if in connection with another permitted.
E. DEAD, DISEASED, AND HAZARDOUS TREES
Removal of dead, diseased, damaged, and/or hazardous trees, limbs, or branches may be
allowed. Any removal of trees must adhere to all regulations and standards within this
section of the Ordinance. A Land Alteration Permit shall be required to remove dead,
diseased, damaged, and/or hazardous trees.
F. BRUSH REMOVAL AND MANAGEMENT
Brush removal and management is allowed. Any removal of brush shall adhere to all
regulations and standards listed within this section of the Ordinance. A County issued permit
shall not be required for brush removal and management.

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C.G.

NATURAL VEGETATION STANDARDS

1. Natural vegetation, including ground cover and trees, shall be preserved and maintained
to the greatest extent possible in order to control erosion and runoff, preserve habitat, and
maintain a buffer between land uses.
2. Intensive vegetation clearing shall be prohibitedStructures shall be located in such a
manner that the maximum number of trees shall be preserved.
3. Where the topsoil is removed, sufficient desirable soil shall be set aside for respreading
over the developed area. The soil shall be restored to a depth of a minimum of four (4)
inches and shall be of a quality at least equal to the soil quality prior to developmentPrior
to the granting of a zoning permit, it shall be the responsibility of the applicant and/or
landowner to demonstrate that there are no feasible or prudent alternatives to the cutting
of trees on the site.
4. In order to reduce surface runoff and soil erosion, vegetation shall be restored after any
construction project is completedA Tree Inventory and Replacement Plan shall be
required if the applicant and/or landowner will be cutting or removing trees on site. A
tree inventory shall be submitted by the property owner and identify all trees with a
caliper of six (6) inches or greater (measured at four and one-half (4.5) feet above ground
level.
a. No trees shall be cleared or in any way removed from the site unless replaced with
one (1) trees for every tree that is removed and a variety of trees shall be used.
b. Replacement trees shall have a minimum caliper of two (2) inches measured at four
and one-half (4.5) feet above ground level.
5. When possible, native vegetation shall be encouraged, and in some cases
requiredResidential development shall not disturb or remove more than one-half (1/2)
acre of healthy tree cover for the building pad, accessory structure, driveway, septic
system, firebreak, well or for any other purpose without first providing a tree replanting
plan for the site.
6. Establishment of natural vegetation shall not require a permit. However, the Land
Disturbance standards within this section of the Ordinance shall apply for site
preparationCommercial or industrial development shall not disturb more than one (1)
acre of healthy tree cover for the building pad, accessory structure, driveway, septic
system, firebreak, well or for any other purpose without first providing a tree replanting
plan for the site.
7. Timing of tree removal shall be as such to minimize tree loss.

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H. VEGETATION ALTERATIONS
1. Exposed bare soil shall be covered with mulch or similar materials within twenty four
(24) hours.
2. A permanent vegetation cover shall be established within fourteen (14) days of
completion of the project through a re-vegetation plan as approved by the Department.
3. Altered areas must be stabilized and must adhere to all regulations and standards within
Subdivision 7 of this ordinance.
I. EXEMPTIONS
1. Native plantings that enhance natural vegetation on the landscape.
2. Agricultural activities and uses.
8. GENERAL STANDARDS
5. Shore and bluff impact zones shall not be intensively cleared of vegetation.
6. When applicable, an erosion and sediment control plan shall be developed and approved
by the Le Sueur County SWCD before issuance of any land use permits.
7. Forestation, reforestation or landscaping shall utilize a variety of tree species and shall
not utilize any species presently under disease epidemic. Native species are
recommended, however species planted shall be hardy under local conditions and
compatible with the local landscape.
8. The root zone of existing trees shall be preserved and protected during development
including grading and contouring, so that the trees will not be adversely affected by the
work.
9. The removal of trees seriously damaged by storms or other natural causes, or diseased
trees shall be allowed.
10. As a mitigating measure, where trees are to be removed, the applicant and/or landowner
shall prepare a tree planting plan to be approved by the Department.

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SUBDIVISION 6. SPREADING OF CONTAMINATED SOILSTORMWATER
MANAGEMENT AND EROSION PREVENTION & SEDIMENT CONTROLS
A. PURPOSE
The purpose of this section is to establish standards and specifications for land use planning
activities and conservation practices that minimize soil erosion and sedimentation, regulate
construction site erosion and stormwater runoff to accomplish the following objectivesSoil
that has been determined by the Agency to be contaminated with petroleum, or soil that has
been determined by the Minnesota Department of Agriculture (MDA) to be contaminated
with agricultural pesticides, may be land spread if the following have been met.:
1. Promote local stormwater managementThe Agency or MDA has granted approval for the
land spreading of contaminated soil on the proposed site.
2. Minimize sedimentation, water pollution, flooding, and thermal impacts to water
resources within Le Sueur CountyThe Applicant and/or Landowner shall provide
documentation that the Township Board has received notification.
3. Promote water infiltration and groundwater rechargeThe Department has reviewed and
approved the proposal. The County may impose conditions to assure compliance with
this Ordinance.
4. Protect functional values of natural water courses and wetlandsShall abide by all grading
and filling standards as set forth in this Ordinance.
5. Protect public and private property damage resulting from erosion or runoff.
B. AUTHORITY
Le Sueur County adopts by reference Minnesota Statutes Chapters 103B, 105, 462, and 497;
Minnesota Rules Parts 6120.2500–6120.3900; and Minnesota Rules Chapters 8410 and 8420,
as amended. These authorities establish the minimum requirements for controlling or
eliminating stormwater pollution, soil erosion, and sedimentation within the County. They
provide standards and specifications for conservation practices and planning activities
intended to minimize nonpoint-source pollution, soil loss, and sedimentation.
Any construction activity that disturbs one (1) acre or more of surface vegetation shall not
commence without an approved Stormwater Pollution Prevention Plan (SWPPP) meeting the
requirements of the Minnesota Pollution Control Agency’s National Pollutant Discharge
Elimination System (NPDES) Stormwater Program, unless an exception is granted by the
MPCA.

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C. STORMWATER MANAGEMENT STANDARDS
1. Stormwater General Standards
a. A drainage plan shall be submitted and approved for all new commercial
developments, industrial developments, and platted subdivisions.
b. The use of public road rights-of-way for the purpose of subsoil drainage outlet for
artificial drainage tile drains shall be prohibited without approval by the applicable
Road Authority. Approval must be granted prior to any installation of artificial
drainage tile.
c. Any proposed development of land shall take into consideration stormwater runoff
and minimize and reduce risk to adjacent lands.
d. Where possible, erosion control measures shall make maximum use of natural inplace vegetation rather than the placing of new vegetation on-site as erosion control
measures.
e. When possible, existing natural drainage ways, natural or created wetlands, and
vegetated soil surfaces shall be used to convey, store, filter, and retain storm water
runoff.
f. Untreated stormwater drainage may be discharged to retention basins or other
treatment facilities.
g. Engineering designs, stormwater controls, and construction-phase practices shall be
incorporated to protect those properties and waterways downstream from
development sites from erosion due to increases in the volume, velocity, and peak
flow rate of stormwater runoff.
h. All on-site stormwater conveyance channels shall be designed and constructed to
withstand the expected velocity of flow from a 10- year frequency storm without
erosion.
i. Energy Dissipation Measures shall be installed at discharge points / culvert outfalls in
accordance with MnDOT standard specifications.
j. Development shall be planned in a manner that will minimize the extent of disturbed
areas, runoff velocities and erosion potential. Disturbed areas shall be stabilized and
protected in conformance with all applicable County, State and Federal regulations.

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k. If natural site conditions—such as development density, topography, soils, or
vegetation—cannot adequately manage stormwater, the County may require
constructed stormwater facilities, including diversions, settling basins, dikes,
waterways, or ponds. Preference shall be given to surface drainage, vegetation, and
infiltration practices over buried pipes or other engineered systems. Developments
disturbing one (1) acre or more must submit a stormwater control plan as required by
the Agency, and developments creating less than one (1) acre or more of impervious
surface must comply with all applicable standards of this Ordinance.
l. A management and maintenance plan shall be submitted and approved for all new
commercial developments, industrial developments, and platted subdivisions.
m. The management and maintenance plan shall include plans for ownership,
management and maintenance of drainage and storm water control features.
2. Stormwater Pollution Prevention Plan (SWPPP) General Standards
a. Development activities requiring the submittal of a SWPPP shall conform to the
following standards.
1) The SWPPP must be prepared by a qualified professional with training in erosion
control and stormwater management.
2) The SWPPP must be submitted to the County for review and approval prior to any
land-disturbing activity.
3) The SWPPP must meet or exceed the requirements of the MPCA NPDES
Construction Stormwater Permit.
4) Developments shall use Best Management Practices (BMPs) and permanent
stormwater treatment facilities to treat stormwater runoff generated by new or
redeveloped impervious surfaces.
5) BMPs and permanent stormwater treatment facilities selected shall be suitable for
the site conditions, comply with manufacturer’s specifications, and be consistent
with the Minnesota Stormwater Manual.
6) The applicant shall be responsible for the design, construction, and maintenance
of BMPs and/or permanent stormwater treatment facilities identified in the
SWPPP.
3. Volume Control Standards
a. For protection of downstream waterbodies from channel erosion and nutrient
loadings, the applicant shall use BMPs to reduce the general impacts of increased
runoff volume.

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b. Development resulting in the creation of impervious surface coverage above what is
allowed in the applicable zoning district must explicitly incorporate the use of BMPs
to limit the loss of pervious area. BMPs to be evaluated shall include, but not be
limited to: vegetated swales, pond outlets perched above ground water levels, roof
drainage to pervious areas or catchments, depressed casual storage areas, and
mitigation of disrupted soils.
c. Prevention of downstream nuisance and damage.
1) The applicant shall also demonstrate that increased stormwater runoff volumes
above pre-development conditions will not adversely affect downstream
properties or water resources.
d. The requirements of this Section are intended to be minimal standards for protection
of the public interest in protection of soil and water resources. Where design and
construction requires the involvement of professional expertise, the standards of this
Section shall not define or replace the requirements of professional conduct and
practice.
e. The County may approve alternative stormwater practices and methodologies it
deems to provide equivalent performance and protection as compared to the standards
outlined within this section.
D. EROSION PREVENTION & AND SEDIMENT CONTROL
1. Development activities may require an erosion prevention and sediment control plan
prior to the commencement of any land disturbance.
1. Erosion and sediment control measures shall be coordinated with the different stages of
development.
2. Appropriate control measures shall be installed prior to development, when necessary to
control prevent erosion and control the movement of sediment.
3. No landowner or applicant shall cause or conduct any land disturbing activity which
causes erosion or sedimentation, or which results in damages to water or soil resources or
off-site impacts.
4. All development shall conform to the natural limitations presented by the topography and
soil types in order to minimize soil erosion and sedimentation.
5. Land shall be developed in increments of workable size such that adequate erosion and
siltation controls can be provided and managed as construction progresses. No more than
the smallest practical area of land shall be exposed at any one period of time.
2.6.Erosion prevention and sediment control measures shall be coordinated with the different
stages of development.

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3.7.The County may require a storm water drainage and erosion control plan prepared by a
licensed professional engineer on all development that has less than one (1) acre of
disturbed area.
4.8.For all areas that have one (1) acre or more of disturbed area, SWPPP and NPDES
permits are required. The SWPPP shall be prepared by a licensed professional engineer.
5. The following restrictions shall apply:
a. Land shall be developed in increments of workable size such that adequate erosion
and siltation controls can be provided as construction progresses.
b. The smallest practical area of land shall be exposed at any one period of time.
6.9.The drainage systemAdequate drainage shall be constructed and operational as quickly as
possible during construction to minimize potential runoff.
10. Natural vegetation shall be retained and protected when feasible, and the amount of
exposed soil shall be minimized.
11. No land disturbing activity shall cause an increase in channel erosion in any watercourse,
whether permanent or intermittent, at any time during or following development.
12. No land disturbing activity shall cause active gully erosion, the creation of unstable
slopes persisting, or negative off-site impacts after the completion of the development.
13. Soil stockpiles must be stabilized or protected with sediment trapping measures to
prevent soil loss.
14. Stockpiles are prohibited in the bluff, bluff impact zone, shore impact zone, steep slope,
ravines, ditches, road right of ways, and on Subsurface sewage treatment systems.
15. Stockpiles shall be a minimum of twenty five (25) feet from the impact zone of sensitive
features, road rights of way, property lines, and septic systems.
16. Perimeter control measures shall be installed around all stockpiles.
17. A permanent vegetative cover shall be established in disturbed areas not otherwise
permanently stabilized.
18. Properties adjacent to the site of a land disturbance shall be protected from sediment
deposition.

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19. Sediment basins and traps, perimeter dikes (for diversion), sediment barriers (silt curtains
or hay bales), and other measures intended to trap sediment on-site must be constructed
as a first step in grading and be made functional before upgradient land disturbance takes
place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched
within fourteen (14) days of installation.
20. Construction vehicles and equipment shall be kept out of watercourses to the extent
possible.
21. The applicant shall be responsible for proper operation and maintenance of all erosion
and sediment controls, and soil stabilization measures, in conformance with best
management practices.
7.22. Any land being converted from an agricultural use to a more intensive use shall be
stabilized with permanent vegetation within fourteen (14) days of the completion of
development.
8.23. Where the topsoil is removed, sufficient desirable soil shall be set aside for
respreading over the developed area. The soil shall be restored to a minimum depth of
four (4) inches and shall be of a quality at least equal to the soil quality prior to
development.
a. Perimeter sediment control measures shall be properly installed before construction
activity begins. Such structures may be adjusted during dry weather to accommodate
short term activities, such as those that require very large vehicles. As soon as this
activity is finished or before rainfall, the erosion and sediment control structures must
be returned to the configuration specified by the Agency.
9.24.

The natural drainage shall be used when feasible for storage and flow of runoff.

10.25. Temporary storage areas or retention basins scattered throughout developed areas
shall be encouraged to reduce peak flow, erosion damage, and construction costs.
11.26. Inlet protection shall be placed on culverts, tile inlets and storm sewer inlets.
12.27. Pipe outlets shall have energy dissipation installed to a surface water for outlet
protection within twenty four (24) hours of connection.
B.E.

EXPOSED SLOPES

1. All exposed soil areas with a continuous positive slope that are within two hundred (200)
lineal feet of any surface water, or any conveyance (stormwater inlet, drainage ditch, etc.)
to a surface water, must have temporary or permanent cover year round. The area shall be
stabilized if it has not been worked within the following:
a. Seven (7) days on slopes greater than three feet horizontal to one foot vertical (3:1).
b. Fourteen (14) days on slopes ranging from 3:1 to 10:1.
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c. Twenty one (21) days for flatter slopes.
2. On sensitive sites or sites with special waters, as defined by the Agency, exposed soil
areas with a greater than 3:1 slope.
3. At the foot of each exposed slope, a channel and berm shall be constructed to control
runoff. The channelized water shall be diverted to a sedimentation basin (debris basin, silt
basin, or silt trap), before being allowed to enter the natural drainage system.
4. For exposed slopes on stockpiles greater than ten (10) cubic yards the toe must be more
than twenty five (25) feet from a road, drainage channel or stormwater inlet.
5. If left exposed for more than seven (7) days, it must be stabilized with mulch, vegetation,
tarps or other means.
6. If left exposed for less than seven (7) days, erosion must be controlled with perimeter
control devices such as a silt fence.
7. If for any reason an exposed slope or stockpile is located closer than twenty five (25) feet
from a road, drainage channel or stormwater inlet, it must be controlled with perimeter
control devices immediately.
8. Exposed slopes shall be protected by whatever means which will effectively prevent
erosion considering the degree of slope, soil material, and expected length of exposure.
Slope protection shall consist of but not limited to, mulch, sheets of plastic, burlap or jute
netting, sod blanket, erosion mat, fast growing grasses or temporary seedlings of annual
grasses.
9. Mulch consists of hay, straw, wood chips, corn stalks, bark or other protective material.
10. Mulch shall be anchored to slopes or worked into the soil to provide additional slope
stability.
11. Control measures, other than those specifically stated in this Subdivision, may be used in
place of the above measures if it can be demonstrated that they will as effectively protect
exposed slopes.
F. PRESERVATION OF NATURAL DRAINAGE WAYS WATERWAYS
1. Waterways
a. The natural drainage system shall be used, when feasible, for storage and flow of
runoff water.
b. Untreated stormwater drainage may be discharged to retention basins or other
treatment facilities.

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c. Only treated stormwater may be discharged to wetlands, marshlands or swamps.
d. Diversion of treated stormwater to wetlands, marshlands or swamps shall be
considered for existing or planned surface drainage.
e. Marshlands and swamps used for treated stormwater shall provide for natural or
artificial water level control.
f.a. Temporary storage areas or retention basins scattered throughout developed areas
shall be encouraged in order to reduce peak flow, erosion damage and construction
cost.
g.b.The widths of a constructed waterway shall be sufficiently large enough to adequately
channel runoff from a ten (10) year storm event as determined by the Agency.
Adequacy shall be determined by the expected runoff when full development of the
drainage area is reached.
h.c. A report prepared by a licensed professional engineer may be required in order to
prove waterway adequacy on sites that disturb less than one (1) acre.
i. An NPDES permit and report prepared by a licensed professional engineer shall be
required in order to prove waterway adequacy on all sites that disturb more than one
(1) acre.
j.d. No fences or structures that will reduce or restrict the flow of water shall be
constructed across the waterway.
k.e. The banks of the waterway shall be protected with permanent vegetation.
l.f. The banks of the waterway shall not exceed 3:1 in gradient.
m.g. The gradient of the waterway bed shall not exceed a grade that will result in a
velocity that will cause erosion to the banks of the waterway.
n.h.When possible, existing natural watercourses and vegetated soil surfaces shall be used
to convey, store, filter and retain runoff before discharge into public waters or a
stormwater conveyance system.
o. If the waterway must be constructed, the bed of the waterway should be protected
with natural vegetation, sod, or designed in accordance with the DNR’s Best Practices
for Meeting DNR General Public Waters Work Permit GP2004-001 Manual.
1. If sod will not function properly, rip rap may be used.
2. Rip rap shall consist of only natural rock excluding limestone and other similar
erosive materials.

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3. The rip rap shall be no smaller than two (2) inches square or no larger than two
(2) feet square, except along a public waterway in which shoreland rules apply.
4. Any other forms of rip rap shall require a conditional use permit.
p.i. If the flow velocity in the waterway is such that erosion of the vegetated sidewall will
occur and said velocity cannot be decreased via velocity control structures, then other
materials may be placed on the side walls.
q.j. Either gravel or rip rap, excluding limestone and other similar erosive materials shall
be allowed to prevent erosion at these points.
r. A buffer strip of a minimum of sixteen and one-half (16 ½) feet shall be maintained
in permanent native vegetation on each side of the waterway.
2. Waterway Velocity
a. The flow of runoff in waterways shall be controlled to a velocity that will not cause
erosion of the waterway.
b. Flow velocity shall be controlled through the installation of diversions, berm, slope
drains, and other similarly effective velocity control structures.
3. Sediment Control
a. To prevent sedimentation from entering waterways, pervious and impervious
sediment traps and other sediment control structures shall be incorporated throughout
the contributing watershed.
b. Temporary pervious sediment traps shall consist of a construction of bales of hay
with a low spillway embankment section of sand and gravel or specifically designed
fabric fences or other means approved by the Department that will allow a slow
movement of water while filtering sediment. Such structures may serve as temporary
sediment control feature during the construction state of development.
c. Permanent impervious sediment control structures consist of sediment basins (debris
basins, settling basins, or silt traps), and shall be utilized to remove sediment from
runoff prior to its disposal in any permanent body of water.
G. MAINTENANCE OF EROSION PREVENTION & SEDIMENT CONTROL MEASURES
1. All erosion prevention and sediment control measures installed as part of any permitted
development shall always be maintained in effective operating condition. Measures shall
be repaired, replaced, or reinforced as necessary to ensure continued compliance with
approved plans and State requirements.

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2. The permit holder shall inspect all Erosion Prevention & Sediment Control (EPSC)
measures:
a. At least once every seven days; and,
b. Within 24 hours after a rainfall event of 0.5 inches or greater, consistent with MPCA
Construction Stormwater Permit standards.
3. Deficiencies identified during inspection shall be corrected as follows:
a. Immediate stabilization of actively eroding areas;
b. Repair or replacement within 24 hours for failed perimeter controls; and,
c. Repair within 48 hours for all other EPSC deficiencies.
4. Sediment shall be removed from silt fences, inlet protection, basins, and other controls
when accumulation reaches one-half of the device’s capacity or when sediment threatens
to discharge off-site.
5. EPSC measures shall be maintained to prevent sediment, debris, or turbid water from
leaving the site or entering:
a. Public drainage systems;
b. Public waters;
c. Wetlands regulated under MN Stat. 103G; and,
d. Adjacent private property.
6. During frozen-ground conditions, the permit holder shall:
a. Maintain perimeter controls;
b. Install snow-melt BMPs where runoff is expected; and,
c. Ensure spring thaw does not result in uncontrolled sediment discharge.
7. The property owner, developer, or permit holder shall be responsible for maintaining all
EPSC measures until permanent stabilization is achieved, and the Department has
verified compliance with all approved plans.
8. Failure to maintain erosion prevention and sediment control measures constitutes a
violation of the zoning ordinance and is subject to the enforcement procedures, penalties,
and corrective actions established elsewhere in the Ordinance.

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SUBDIVISION 7.

DRAINAGE

A. PRIVATE DEVELOPMENT
1. These standards regulate private drainage features for the following uses:
a. Commercial or Industrial developments;
b. Residential subdivisions;
c. Any project disturbing one acre or more, or requiring an MPCA Construction
Stormwater Permit; and,
d. Any development discharging to a 103E public drainage system, public waters, or
wetlands.
2. Large-scale development shall:
a. Maintain or reduce pre-development peak discharge rates for 2-, 10-, and 100-year
storms;
b. Provide volume control and water-quality treatment consistent with MPCA MIDS;
c. Use approved BMPs such as infiltration basins, detention ponds, swales, or permeable
surfaces; and,
d. Prevent direct discharge to wetlands or public ditches without pretreatment.
3. Any development affecting or discharging to a public drainage system shall:
a. Obtain written review and approval from the Drainage Authority under MN Stat.
103E.201;
b. Demonstrate no increase in hydraulic load beyond the system’s established capacity;
c. Maintain required access for inspection and maintenance under MN Stat. 103E.705;
and,
d. Avoid altering alignment, depth, or cross-section of any 103E ditch or tile.
4. In addition to the standard items required with the applicable permit, any application for a
large-scale development shall include a professionally prepared grading and drainage
plan showing:
a. Pre- and post-development hydrology;
b. Stormwater conveyance routes and emergency overflows;
c. Location of wetlands, public waters, and 103E systems;
d. Proposed BMPs and infiltration areas; and,
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e. Erosion and sediment control measures.
B. PRIVATE DRAINAGE
1. These standards regulate private drainage features in order to:
a. Protect adjacent properties from redirected runoff;
b. Prevent erosion, sedimentation, and wetland impacts;
c. Ensure private drainage does not impair public drainage systems;
d. Maintain natural hydrology and water quality; and,
e. Support orderly development consistent with county land-use goals.
2. These standards apply to:
a. All new development, subdivisions, and non-agricultural land-disturbing activities;
b. Installation, replacement, or modification of private tile or ditches;
c. Any grading that changes runoff direction or volume; and,
d. Any discharge to wetlands, public waters, or public drainage systems.
3. Private Drainage Systems shall:
a. Not increase runoff onto adjacent properties without a recorded easement;
b. Maintain or reduce pre-development peak flows for 2-, 10-, and 100-year storms;
c. Prevent erosion, bank failure, or sediment discharge;
d. Avoid altering natural drainageways without county approval; and,
e. Protect wetlands consistent with the Wetland Conservation Act (WCA).
4. Private Drainage Systems shall require the following setback standards:
a. All structures shall maintain a minimum required setback of twenty (20) feet.
b. Land Disturbance and/or vegetation removal shall be prohibited within ten (10) feet.
c. All septic systems and their components shall maintain a minimum required setback
of fifty (50) feet.
d. The placement of any fill material or landscaping that restricts or blocks the flow of
water in or out shall be prohibited.

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5. The installation or modification of subsurface tile shall:
a. Include adequate intakes with sediment protection;
b. Avoid direct tile discharge into wetlands without WCA review;
c. Use outlet protection to prevent erosion;
d. Maintain tile depth and spacing consistent with NRCS standards; and,
e. Provide cleanouts or access points for maintenance.
6. Private Ditches, Swales, and Overland Flow Routes shall:
a. Maintain stable side slopes (3:1 or flatter unless engineered);
b. Include vegetative stabilization or erosion control;
c. Be sized to convey the 10-year storm without overtopping;
d. Provide emergency overflow routes for larger events; and,
e. Avoid diversion of natural drainage unless approved
7. Any Private Drainage System that discharges to a Public Ditch, Public Waters, or other
County owned and/or maintained stormwater system (including County Road Ditches)
shall:
a. Obtain written approval from the appropriate authority;
b. Demonstrate no adverse hydraulic impact;
c. Provide pretreatment for sediment and nutrients; and,
d. Maintain access for inspection and maintenance.
8. Where Private Drainage crosses property lines, a recorded Drainage Easement shall be
required. The easement shall be a minimum of thirty (30) feet wide, and shall include
access for maintenance, prohibit the placement of structures, fences, or landscaping that
may obstruct flows.
9. Landowners who own Private Ditches, Swales, and/or Overland Flow Routes shall:
a. Maintain tile outlets, intakes, and ditches by removing excess sediment, debris, or
vegetation restricting flow;
b. Repair erosion issues within fourteen (14) days from the date the issue was
discovered; and,
c. Keep access routes open for inspection by the Department.

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10. Applicants or Landowners who seek to incorporate Private Drainage projects shall:
a. Apply for the applicable Land Disturbance Permit as required by this section of the
Ordinance;
b. Submit a Site Plan showing all proposed drainage features;
c. Submit a Grading Plan (if applicable);
d. Submit a Tile Layout sketch (if applicable);
e. Submit a Stormwater Management Plan;
f. Submit an Erosion Prevention and Sediment Control Plan; and,
g. Submit Hydrologic Modeling (if required).
11. Any violation of the standards contained in this section shall constitute a violation of the
County’s Zoning Ordinance and will be subject to enforcement actions consistent with
the procedures, remedies, and penalties established elsewhere in the ordinance. All
corrective measures, compliance timelines, and administrative or legal actions shall be
administered in accordance with the County’s adopted enforcement provisions, including
those related to zoning violations and remedial actions.
C. PUBLIC DRAINAGE
1. The purpose of this section is to protect the function, capacity, and integrity of public
drainage systems established under Minnesota Statute 103E, ensure compatible land use
adjacent to these systems, and prevent activities that impair drainage, increase flooding,
or obstruct maintenanceDrainage requirements within the County shall meet the
standards of Minnesota Statute 103E, as amended from time to time, when applicable,
along with the following standards.
2. These standards apply to all land use, development, grading, and construction activities
occurring within or affectingThe use of public road right-of-ways for the purpose of
subsoil drainage outlet for artificial drainage tile drains shall be prohibited without
approval by the Road Authority. Approval must be granted prior to any installation of
artificial drainage tile.;
a. Any public drainage system as defined in MN Stat. 103E.005;
b. Land within 300 feet of a public ditch or tile; or,
c. Any project proposing discharge into a 103E system.

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2.3.No zoning, grading, or building permit may be issued for work affecting a public
drainage system unless the Drainage Authority (as defined in MN Stat. 103E.201) has
reviewed the proposal and provided written confirmation that the activity will not impair
the system or interfere with maintenanceA drainage plan shall be submitted and approved
for all new commercial developments, industrial developments, and platted subdivisions.
4. To preserve access and hydraulic functions, the following setbacks shall be required:Any
proposed development of land shall not increase the runoff rate of stormwater so as to
cause an adverse effect upon adjacent lands.
a. All structures shall be setback a minimum fifty (50) feet from the crown of the ditch
bank.
b. All Land Disturbance and/or vegetation removal shall be setback a minimum of
sixteen and one-half (16.5) feet from the crown of the ditch bank.
c. The placement of any structures, fencing, or landscaping that may otherwise restrict
the flow of water in a drainage system regulated under MN Statute 103 E or its
maintenance corridor shall be prohibited.
5. Unless authorized under MN Stat. 103E.701 (Repairs) or 103E.215 (Improvements), the
following are prohibitedErosion control measures shall make maximum use of natural inplace vegetation rather than the placing of new vegetation on-site as erosion control
measures. When possible, existing natural drainage ways, natural or created wetlands,
and vegetated soil surfaces shall be used to convey, store, filter, and retain storm water
runoff.:
a. Altering ditch alignment, depth, or cross-section;
b. Placing fill, spoil, or debris within the system;
c. Blocking, diverting, or restricting flow; and,
d. Installing crossings or culverts without approval.
6. Any driveway, field crossing, utility crossing, or culvert installation affecting a public
drainage system mustDevelopment shall be planned in a manner that will minimize the
extent of disturbed areas, runoff velocities and erosion potential. Disturbed areas shall be
stabilized and protected in conformance with all applicable County, State and Federal
regulations.:
a. Receive written approval from the Drainage Authority;
b. Use culvert sizing consistent with hydrologic analysis; and,
a.c. Maintain required maintenance access under MN Stat. 103E.705.

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7. Stormwater discharging to a public drainage system shallWhen development density,
topographic features and/or soil and vegetation conditions are not sufficient to adequately
handle stormwater runoff using natural features, various types of constructed facilities
such as, but not limited to, diversions, settling basins, skimming devices, dikes,
waterways, and ponds shall be required.:
a. Maintain pre-development peak flows;
b. Include sediment and nutrient pretreatment;
c. Prevent erosion at the outlet; and,
b.d.

Avoid increasing hydraulic load beyond the system’s 103E-established capacity.

3.8.

Public drainage ditches shall maintain a minimum 16.5-foot vegetated buffer
consistent with MN Stat. 103F.48 (Buffer Law). Buffers must remain in perennial
vegetation and may not be cultivated or disturbed except for authorized
maintenancePreference shall be given to designs using surface drainage, vegetation, and
infiltration rather than buried pipes and manmade materials and facilities.

4.9.

Landowners shall not obstruct access required for inspection, repair, or
improvement under MN Stat. 103E.705. The Drainage Authority may require removal of
obstructions and restoration of damaged areas at the landowner’s expenseSettling basins
to intercept urban runoff shall be sized to a minimum of a 100-year storm event.

5.10.
Any violation of the standards contained in this section shall constitute a violation
of the County’s Zoning Ordinance and will be subject to enforcement actions consistent
with the procedures, remedies, and penalties established elsewhere in the ordinance. All
corrective measures, compliance timelines, and administrative or legal actions shall be
administered in accordance with the County’s adopted enforcement provisions, including
those related to zoning violations and remedial actionsWhen constructed facilities are
used for stormwater management, documentation shall be provided from a licensed
professional engineer such that facilities are designed and installed consistent with all
applicable State standards.
B. New constructed stormwater outfalls to public waters must provide for filtering or settling of
suspended solids and skimming of surface debris before discharge.
C.D. A management and maintenance plan shall be submitted and approved for all new
commercial developments, industrial developments, and platted subdivisions.
D.E. The management and maintenance plan shall include plans for ownership, management
and maintenance of drainage and storm water control features.
E.F. Any public tile that is affected by development activity shall be replaced in accordance
with Minnesota Statute 103, as amended from time to time when applicable.

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F.G. Any private tile line that is impacted by development activity shall be repaired and
rerouted with the same or larger pipe size and pipe grade as the existing tile.
SUBDIVISION 8.

GROUNDWATER

A. The purpose of this ordinance is to promote the health and general welfare of the public and
the environment by protecting, and preventing the contamination of, groundwater quality in
Le Sueur County by regulating local land use and management based upon vulnerable and
sensitive groundwater areas which include:
1. Drinking Water Supply Management Areas (DWSMAs)
2. Karst Geology
3. Aquifer Vulnerability
4. Fall Nitrogen Restriction Areas
5. Near Landfill
6. Near Active Mining
7. Others – Identified in reports and studies (Geologic Atlas, GRAPS, etc.)
B. DEVELOPMENT STANDARDS
Any proposed use or structure within the sensitive groundwater areas, as designated on the
Le Sueur County Groundwater Map, shall comply with the following standards:
1. The Department shall review all permits and land division applications within DWSMAs
for potential impact on drinking water supplies.
2. The Department may impose conditions on any permit or subdivision within a sensitive
groundwater area to prevent negative impacts on drinking water supplies. Conditions may
include, but are not limited to:
a. Prohibiting or limiting allowed uses;
b. Limiting location or technology of subsurface sewage treatment systems;
c. Limiting the land application or storage of manure;
d. Limiting the storage or use of chemicals and other materials;
e. Requiring specific stormwater management practices to prevent drinking water
contamination;
f. Limiting location or technology of individual drinking water wells; and,
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g. Limiting the movement, excavation and removal of soil and underground materials.
SUBDIVISION 9.

BEST MANAGEMENT PRACTICES

A. AGRICULTURAL
1. These standards apply to all agricultural operations, land-disturbing activities, and
development within the Agriculture Zoning District, including new farmsteads,
expansions, grading, drainage modifications, and agricultural structures.
2. Practices should align with NRCS standards and local Soil & Water Conservation District
(SWCD) recommendations. Agricultural landowners are encouraged or required (as
applicable) to implement soil-protective BMPs such as:
a. Conservation tillage or no-till systems;
b. Contour farming and strip cropping;
c. Cover crops to reduce erosion and nutrient loss; and,
d. Maintaining soil organic matter and minimizing compaction.
3. Agricultural operations shall manage nutrients in a manner that:
a. Prevents runoff into surface waters;
b. Protects groundwater consistent with MN Stat. 103H;
c. Follows MPCA manure application setbacks and timing restrictions; and,
d. Uses nutrient management plans where required.
4. Drainage activities must:
a. Maintain natural drainage patterns where feasible;
b. Avoid increasing runoff onto adjacent properties;
c. Prevent erosion at tile outlets or surface inlets;
d. Comply with WCA requirements for wetlands under MN Stat. 103G; and,
e. Discharge into public drainage systems must follow the standards of the Drainage
Authority under MN Stat. 103E.

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5. Buffers shall be maintained in perennial vegetation and kept free of activities that reduce
effectiveness. Agricultural properties must maintain:
a. 50-foot average / 30-foot minimum buffers along public waters.
b. 16.5-foot buffers along public drainage ditches per MN Stat. 103F.48 (Buffer Law).
6. Livestock operations shall:
a. Prevent overgrazing and soil exposure;
b. Maintain vegetative cover in pastures;
c. Protect riparian areas from trampling and erosion; and,
d. Follow feedlot rules where applicable.
7. The County encourages or may require conservation structures such as:
a. Grassed waterways;
b. Sediment basins;
c. Filter strips; and/or,
d. Terraces or water-and-sediment control basins.
B. COMMERCIAL
1. These standards apply to all commercial development, redevelopment, expansions,
grading, and land-disturbing activities within a Commercial Zoning District, including
projects requiring MPCA Construction Stormwater Permits.
2. Commercial sites exceeding the maximum allowed impervious surface coverage shall
incorporate stormwater BMPs such as:
a. Infiltration basins, rain gardens, or biofiltration systems;
b. Detention or retention ponds sized for 2-, 10-, and 100-year storms; and,
c. Pretreatment for sediment and nutrients before discharge.
3. Commercial development shall:
a. Maintain natural drainage patterns where feasible;
b. Prevent increased runoff onto adjacent properties;
c. Protect downstream systems, including public drainage systems regulated under MN
Stat. 103E; and,
d. Provide energy dissipation at all stormwater outlets.
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4. Landscaping shall incorporate BMPs such as:
a. Native or drought-tolerant plantings;
b. Vegetated buffers along wetlands and watercourses;
c. Soil amendments to improve infiltration; and,
d. Prohibition on mowing or grading within Buffer Zones.
5. Commercial sites shall implement practices to prevent contamination, including:
a. Covered storage of chemicals, salt, and waste materials;
b. Spill containment for loading/unloading areas;
c. Proper disposal of wash water and process wastewater; and,
d. Secondary containment for hazardous materials.
6. Parking areas shall incorporate:
a. Runoff reduction through permeable surfaces or green islands;
b. Oil-grit separators or hydrodynamic devices for pretreatment;
c. Snow storage areas that avoid direct discharge to wetlands or ditches; and,
d. Regular sweeping and maintenance to reduce pollutants.
C. INDUSTRIAL
1. These standards apply to all industrial development, redevelopment, expansions, grading,
and land-disturbing activities within the Industrial Zoning District, including projects
requiring MPCA Construction Stormwater or Industrial Stormwater Permits.
2. Industrial sites exceeding the maximum allowed impervious surface coverage shall
incorporate stormwater BMPs such as:
a. Infiltration or biofiltration systems;
b. Detention/retention basins sized for 2-, 10-, and 100-year storms;
c. Pretreatment devices for sediment, hydrocarbons, and heavy metals; and,
d. Permeable pavement or green infrastructure where feasible.

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3. Industrial operations shall implement pollution-prevention BMPs including:
a. Covered storage of raw materials, chemicals, and waste;
b. Spill containment and response procedures;
c. Designated loading/unloading areas with runoff controls;
d. Proper disposal of process wastewater and wash water;
e. Secondary containment for hazardous materials.
4. Industrial development shall:
a. Maintain natural drainage patterns where feasible;
b. Prevent increased runoff onto adjacent properties;
c. Protect downstream systems, including public drainage systems regulated under MN
Stat. 103E; and,
d. Provide energy dissipation at all stormwater outlets.
5. Industrial properties shall maintain:
a. Vegetated buffers along wetlands and watercourses;
b. Soil-stabilizing vegetation in disturbed areas; and,
c. No grading, mowing, or chemical application within Buffer Zones.
6. Outdoor storage areas shall:
a. Be located on impervious surfaces with containment;
b. Include runoff controls to prevent contamination;
c. Avoid placement near drainageways, wetlands, or public waters; and,
d. Be screened and maintained to prevent wind-blown debris.
7. Industrial parking and loading areas shall incorporate:
a. Oil-grit separators or hydrodynamic devices for pretreatment;
b. Regular sweeping and pollutant removal;
c. Snow storage areas that avoid direct discharge to wetlands or ditches; and,
d. Runoff reduction through green islands or permeable surfaces where feasible.
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D. RESIDENTIAL
1. These standards apply to all new dwellings, accessory structures, subdivisions, grading,
and land-disturbing activities within a Residential Zoning District, including projects
requiring MPCA Construction Stormwater Permits.
2. Residential sites exceeding the maximum allowed impervious surface coverage shall
incorporate stormwater BMPs such as:
a. Rain gardens, infiltration trenches, or vegetated swales;
b. Small-scale detention or retention basins;
c. Downspout disconnection and infiltration practices; and/or,
d. Pretreatment for sediment before discharge to natural drainageways.
3. Development shall:
a. Maintain natural drainage patterns where feasible;
b. Avoid redirecting runoff onto neighboring properties;
c. Protect downstream systems, including public drainage systems regulated under MN
Stat. 103E; and,
d. Provide erosion protection at all stormwater outlets.
4. Landscaping shall incorporate practices such as:
a. Native or drought-tolerant plantings;
b. Preservation of existing trees and natural vegetation to the extent possible; and,
c. Vegetated buffers along wetlands, streams, and drainageways.
5. Driveways and Access Drives shall:
a. Include ditch checks or vegetated swales to slow runoff;
b. Avoid directing concentrated flow toward neighboring properties or public roads;
and,
c. Maintain stable slopes and prevent erosion at culvert outlets.

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6. Residential properties shall:
a. Store fuels, chemicals, and household hazardous waste in covered, contained areas;
b. Prevent wash water, detergents, or pollutants from entering drainageways; and,
c. Dispose of waste materials through approved facilities.
E. ENFORCEMENT
Failure to implement or maintain required BMPs constitutes a violation of the Zoning
Ordinance and is subject to the enforcement procedures, penalties, and corrective actions
established elsewhere in the Ordinance.
SUBDIVISION 710. EROSION CONTROLSTATE AND FEDERAL DESIGNATED
RECREATIONAL AREAS
A. PURPOSE AND INTENTLe Sueur County hereby adopts by reference Minnesota Statute
Chapters 103B, 105, 462, and 497, Minnesota Rules, Parts 6120.2500-6120.3900, and
Minnesota Rules Chapters 8410 and 8420, as amended from time to time, for the purpose of
setting forth the minimum requirements to control or eliminate storm water pollution along
with soil erosion and sedimentation within the County. It establishes standards and
specifications for conservation practices and planning activities designed to minimize
nonpoint source pollution, soil erosion and sedimentation.
1. Protect the scenic, ecological, and recreational integrity of State and Federal recreation
lands by regulating adjacent development.
2. Ensure land uses within five hundred (500) feet do not impair public enjoyment, natural
resources, or management objectives of the designated area.
3. Maintain compatibility with Minnesota Statutes Ch. 86A, DNR management plans, and
applicable federal resource plans.
B. APPLICABILITY
1. These standards apply to all parcels located wholly or partially within five hundred (500)
feet of:
a. State Park
b. State Forest Recreation Areas
c. State Trails
d. Wildlife Management Areas
e. National Wildlife Refuges
f. National Forest Recreation Sites
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g. National Scenic Trails
h. Any other State or Federal designated Recreational Area
C. USE LIMITATIONS
1. Uses must be compatible with the recreational, scenic, and ecological functions of the
adjacent designated area.
2. Prohibited uses include:
a. Intensive industrial operations;
b. Adult entertainment;
c. Solid waste processing or disposal;
d. Motorized recreation facilities not authorized by the managing agency; and/or
e. Other uses determined by the Zoning Administrator to be substantially similar in
character, intensity, and impact to the uses listed above.
D. SETBACK AND STRUCTURE STANDARDS
1. All structures shall be setback a minimum distance of five hundred (500) feet from the
boundary of the designated area.
2. Structures shall be oriented and screened to minimize visual intrusion from public
viewpoints within the designated area.
E. ACCESS, CIRCULATION, & PARKING
1. New access points shall not interfere with official access to the designated area.
2. Private trail connections to State or Federal systems require written approval from the
managing agency.
F. OPERATIONAL STANDARDS
1. Hours of operation for Commercial uses (including Home Occupations) shall align with
the adjacent Recreational Area’s posted hours.
2. Outdoor Special Events require a Management Plan addressing noise, lighting, parking,
and crowd control.
3. Waste management shall prevent litter, wildlife attraction, and contamination of natural
resources.

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4. Any Conditional or Interim Uses shall require annual compliance reporting.
a. The County may require joint site visits with Agency staff.
A. GENERAL CRITERIA FOR STORMWATER POLLUTION PREVENTION PLAN
(SWPPP)
Any construction activity disturbing surface vegetation of one (1) acre or more shall not take
place without the implementation of an approved SWPPP meeting the requirements of the
Agency’s National Pollutant Discharge Elimination System Stormwater Program (NPDES),
unless by Agency exception.
B. MAINTENANCE OF EROSION CONTROL SYSTEMS
2. The erosion and velocity control structures shall be maintained in a condition that will
insure continuous functioning according to the provisions of this Section.
3. A minimum eight (8) foot wide access shall be provided to erosion and velocity control
structures, along with a maintenance plan identifying who will be responsible for future
maintenance of the system.
4. Sediment basins shall be maintained as the need occurs to insure continuous desilting
action. All sediment basins shall have a minimum of three (3) feet of depth below the
outlet.
5. The areas utilized for runoff waterways and sediment basins shall not be allowed to exist
in an unsightly condition. The banks of the sediment basins and waterways shall be
landscaped.
6.2.Prior to the approval of any plat for development, the developer shall make provisions for
continued maintenance on the erosion and sediment control system until project
completion.

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