The Elm Creek Watershed Management Commission reviews proposed land development and redevelopment projects as well as other projects affecting water resources within the Elm Creek watershed. Projects are reviewed in accordance with the management standards and policies of the Commission and recommendations are made to the member city in which the project is located. It is the city's responsibility to enforce the Commission's recommendations to ensure that natural resources are protected and water quality improvements are implemented.
APPLICATION REQUIREMENTS
Any person or political subdivision undertaking an activity for which a project review is required shall first submit to the Commission a project review application, design data, plans, specifications, fees, and such other information and exhibits as may be required by the Rules. Applications shall be signed by the owner, or the owner’s authorized agent, except for activities of a political subdivision which may be signed by either the owner or the general contractor. All project review applications must be authorized by the municipality where the proposed project is located.
PROJECT REVIEW REQUIREMENTS
No person or political subdivision shall commence a land disturbing activity or the development or redevelopment of land for the following types of projects without first submitting to and obtaining approval of a project review from the Commission or the city in which the project is located that incorporates a stormwater management plan for the activity, development or redevelopment:
a) Plans of any land development or site development that disturbs more than 1 acre of land.
b) Linear projects that create one acre or more of new impervious surface (must meet all Commission requirements for the net new impervious surface).
c) Plans of any land development or individual site development adjacent to or containing a lake, wetland, or a natural or altered watercourse as listed in the Hennepin County wetland inventory or the final inventory of Protected Waters and Wetlands for Hennepin County, as prepared by the DNR.
d) Any culvert installation or replacement, bridge construction, stream cross-section alteration, or activity requiring a DNR Waters Permit on Elm, Rush, North Fork Rush, or Diamond Creeks or their tributaries.
e) Plans for any land development or site development within the 1% chance (100-year) floodplain as defined by the Flood Insurance Study for the member city or the Commission's flood study.
f) Plans of any land development or site development regardless of size, if such review is requested by a member city.
g) Land disturbing activity that drains to more than one watershed, for that portion of the site draining into the Elm Creek Watershed.
Appendix O. Rules and Standardsof the Commission's Third Generation Management Plan have been developed based on the goals and policies of the Commission and outline in more detail the Commission's requirements for project review.
The Commission's Project Review Fee Schedule and Worksheet (effective January 1, 2021) lists the qualifiers for determining if a development project needs to be submitted to the Commission.
The Commission shall defer all public ditch authority to Hennepin County.
Projects Involving Wetlands
The member city, as the designated Local Government Unit (LGU), requires developers to complete a wetland delineation by a trained wetland professional to identify the location and extent of any wetlands present within the development site.
The Commission shall review wetlands as part of the development plan review for all new developments and redevelopments Wetland buffer standards per Appendix O, Rule I must be met.