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Minnesota

SWPPP requirements in Minnesota

Minnesota issues its own construction general permit. We have read Construction Stormwater General Permit (NPDES/SDS General Permit MNR100001) and list below the requirements we could cite to it, with the scope limits stated plainly. Screen your own acreage further down.

Who may prepare the plan

A credentialed preparer is required

Minnesota requires a credentialed preparer. Treat the generated document as a complete draft for that person to review, adopt and sign. It is not by itself a compliant filed plan.

Qualifying routes

  • Mandatory training under Permit Part 21.2 for individuals preparing the SWPPP, from a local/state/federal agency, professional organization, or other entity with expertise in erosion prevention, sediment control, permanent stormwater treatment, and the MN NPDES/SDS Construction Stormwater permit (no single named course; not a professional license); 3-year refresher required under Part 21.3

Confirmed by direct read of the permit. Part 21.2 requires SWPPP preparers, implementers/inspectors, and BMP installers/maintainers to receive training commensurate with their duties. Part 21.3 requires training from a qualified agency/organization/entity (no single named MPCA course) and a refresher course every 3 years. No PE stamp/seal requirement found anywhere in the permit for SWPPP preparation; the only engineering-review language (16.19) is a narrow MS4-review provision for infiltration systems near drinking water supply areas, unrelated to SWPPP preparer credentials.

VerifiedMNR100001 (issued Aug 1, 2023) Part 21.2-21.3, Training Requirements [Minn. R. 7090]Source

Coverage trigger

Worked through at 3 acres

The project disturbs 3 acres, at or above the 1 acre threshold, so it needs permit coverage.

The trigger people miss is the second one. A half acre lot inside a 40 acre subdivision is covered, because the larger common plan of development or sale is what counts, not the lot.

Read these before you act on the answer

  • Requirements below are what we have read and cited directly from Construction Stormwater General Permit (NPDES/SDS General Permit MNR100001), not the federal CGP. A category we have not yet transcribed from this permit is omitted here rather than assumed to match EPA's rule.
  • MN's permit imposes no fixed number of days for a standard Notice of Intent (application) before construction start -- coverage is effective immediately upon submitting a complete online application and fee, and construction simply cannot commence until coverage is effective. Only projects/common plans disturbing 50+ acres with a discharge point within 1 mile of (and flowing to) a special or impaired water have a fixed 30-day-before-construction SWPPP submission deadline. Federal concept 'inspection.reduced.aridSemiAridDrought' is not applicable to Minnesota's climate and was omitted.
  • Minnesota requires a credentialed preparer. Treat the generated document as a complete draft for that person to review, adopt and sign. It is not by itself a compliant filed plan.
  • Basinwise does not perform the physical site inspections the permit requires. Those must be carried out on site by a qualified person.

What the permit requires of a Minnesota site

Worked for a three acre site with the receiving water unconfirmed. Each line says why it attached to this site rather than in general. Check the notes above for the site sizes this permit does not cover.

Filing

Plan before Notice of Intent

The owner must develop a complete and accurate SWPPP prior to submitting the application for permit coverage and starting construction activity; failure to do so may result in permit revocation.

The owner must develop a complete and accurate SWPPP that complies with item 5.2 prior to submitting the application for coverage and starting construction activity. Failure to prepare a SWPPP prior to submitting the application may result in permit revocation.
VerifiedMNR100001 Item 2.2Source
Notice of Intent deadline
30

For projects disturbing 50+ acres with a discharge point within 1 mile of a special or impaired water, the complete SWPPP must be submitted with the application at least 30 days before construction. For all other projects, coverage becomes effective simply upon submitting the application and fee, and construction cannot begin until coverage is effective.

Why this applies here: This is the deadline for a new site. A transfer to a new operator or an emergency related project has a different deadline.

For certain projects or common plans of development or sale disturbing 50 acres or more, the complete SWPPP must be included with the application and submitted at least 30 days before the start of construction activity.
VerifiedMNR100001 Items 3.3, 3.4, and 1.3Source
Notice of Termination deadline
30

Permittees must submit a NOT within 30 days after all termination conditions are complete (e.g., construction complete and permanent cover established), or within 30 days after selling/transferring the entire site.

Permittees must submit a NOT within 30 days after all termination conditions listed in Section 13 are complete.
VerifiedMNR100001 Items 4.2 and 4.3Source

Inspections

Inspection frequency, option 1
7

A trained person must inspect the entire construction site at least once every 7 days during active construction and within 24 hours after a rainfall event greater than 1/2 inch in 24 hours.

Why this applies here: You have not confirmed whether the site discharges to an impaired or high quality water. If it does, the increased frequency applies instead and this answer changes.

Permittees must ensure a trained person, as identified in item 21.2.b, will inspect the entire construction site at least once every seven (7) days during active construction and within 24 hours after a rainfall event greater than 1/2 inch in 24 hours.
VerifiedMNR100001 Item 11.2Source
Who may inspect

Permittees must ensure that at least one individual present on the site (or available to the project site within 3 calendar days) is trained in overseeing implementation/revision of the SWPPP and performing inspections; one such individual must be available for an on-site inspection within 72 hours upon request by the MPCA.

Why this applies here: This is why Basinwise cannot perform your inspections. The permit requires a trained person physically on the site.

Permittees must ensure that at least one individual present on the site (or available to the project site in three (3) calendar days) is trained in the job duties described in item 21.2.b. [...] One of these individuals must be available for an on-site inspection within 72 hours upon request by the MPCA.
VerifiedMNR100001 Items 11.10 and 21.2.bSource

Stabilisation

Initiate stabilisation

"Initiated immediately" means taking an action to commence soil stabilization as soon as practicable, but no later than the end of the workday following the day when land-disturbing activities cease, if the permittees know the work will be ceased for 14 or more additional calendar days (or 7 calendar days for special/impaired waters).

Why this applies here: This applies at both land disturbance amounts.

"Initiated immediately" means taking an action to commence soil stabilization as soon as practicable, but no later than the end of the workday, following the day when the land-disturbing activities temporarily or permanently cease, if the permittees know that construction work on that portion of the site will be temporarily ceased for 14 or more additional calendar days or 7 calendar days where item 23.9 applies.
VerifiedMNR100001 Item 25.14 (definitions)Source

Corrective action

Corrective action, minor fix

by the end of the next business day after discovery

Permittees must repair, replace or supplement all nonfunctional BMPs with functional BMPs by the end of the next business day after discovery unless another time frame is specified in item 11.5 or 11.6. Permittees may take additional time if field conditions prevent access to the area.
VerifiedMNR100001 Item 11.4Source
Corrective action, major fix
7

Permittees must remove all deltas and sediment deposited adjacent to the project and surface waters and restabilize exposed soil, completing within 7 calendar days of discovery unless precluded by access constraints.

Permittees must complete removal and stabilization within seven (7) calendar days of discovery unless precluded by legal, regulatory, or physical access constraints. Permittees must use all reasonable efforts to obtain access. If precluded, removal and stabilization must take place within seven (7) days of obtaining access.
VerifiedMNR100001 Item 11.5Source

Buffers

Natural buffer
50

Permittees must preserve a 50-foot natural buffer or, if infeasible, provide redundant (double) perimeter sediment controls at least 5 feet apart, when a surface water is within 50 feet of the earth disturbances and stormwater flows to it.

Permittees must preserve a 50-foot natural buffer or, if a buffer is infeasible on the site, provide redundant (double) perimeter sediment controls when a surface water is located within 50 feet of the project's earth disturbances and stormwater flows to the surface water.
VerifiedMNR100001 Item 9.17Source

Records you must keep

Inspection report deadline
24

Permittees must record all inspection and maintenance activities within 24 hours of being conducted; these records must be retained with the SWPPP.

Permittees must record all inspections and maintenance activities within 24 hours of being conducted and these records must be retained with the SWPPP.
VerifiedMNR100001 Item 11.12Source
Corrective action log entries

Permittees must amend the SWPPP within 7 days to include additional or modified BMPs whenever there is a significant change in conditions affecting pollutant discharge.

Permittees must amend the SWPPP within 7 days to include additional or modified BMPs whenever there is a change in design, construction, operation, maintenance, weather or seasonal conditions having a significant effect on the discharge of pollutants to surface waters or groundwater.
VerifiedMNR100001 Items 6.3 and 6.4Source
Record retention
3

Permittees must make the SWPPP, including all inspection reports, available to officials within 3 days upon request, for the duration of the permit and for 3 years following submission of the NOT.

Why this applies here: The clock runs from permit expiry or termination, not from when the record was written, so on a multi year project every record stays live for the whole project plus three years.

In addition to the requirement found in section 20, permittees must make the SWPPP, including all inspection reports, maintenance records, training records and other information required by this permit, available to federal, state, and local officials within three (3) days upon request for the duration of the permit and for three (3) years following the NOT.
VerifiedMNR100001 Item 24.5Source

Screen a Minnesota site now

Your acreage, your receiving water, your answer. Runs in your browser, nothing is transmitted.

Screen your site

Runs in your browser

Total land disturbance over the whole project, including staging and access. This decides whether you need a permit at all.

Optional. If you phase the work, the most that will be disturbed at once. Leave blank if the whole site is open together. The stabilisation deadline turns on this figure, not the total.

A half acre lot inside a 40 acre subdivision is covered even though the lot alone is under the threshold. This is the most commonly missed trigger in the permit.

Receiving water and site conditions(optional, but they change the inspection frequency)

May allow a reduced inspection frequency during the seasonally dry period.

EPA keeps permitting authority in Indian country even inside a state that runs its own programme.

No account, no card, nothing transmitted.

What a plan has to cover, under the federal permit

This is EPA's list, from the 2022 Construction General Permit. It does NOT govern in Minnesota, where the state issues its own permit and sets its own contents. It is here as a shape to expect, not as the requirement you will be held to.

General SWPPP requirementPart 7.1Verified
  • All operators associated with a construction site under this permit must develop a SWPPP consistent with Part 7 prior to their submittal of the NOI. The SWPPP must be kept up-to-date throughout coverage under this permit. If a SWPPP was prepared under a previous version of this permit, the operator must review and update it before submitting an NOI.
All Site OperatorsPart 7.2.1Verified
  • Include a list of all other operators who will be engaged in construction activities at the site, and the areas of the site over which each operator has control.
Stormwater TeamPart 7.2.2Verified
  • Identify the personnel (by name and position) on the stormwater team pursuant to Part 6.1, their individual responsibilities, and which members are responsible for conducting inspections. Include verification that each member has received the Part 6.2 training, and documentation that inspection personnel have received the Part 6.3 training (EPA inspector training certificates, or documentation of a current non-EPA program certification plus confirmation the program satisfies the Part 6.3b minimum elements).
Nature of Construction ActivitiesParts 7.2.3a - 7.2.3iVerified
  • A description of the nature of your construction activities, including the age or dates of past renovations for structures undergoing demolition
  • The size of the property (in acres, or length in miles if a linear construction site)
  • The total area expected to be disturbed by the construction activities (to the nearest quarter acre, or nearest quarter mile if a linear construction site)
  • A description of any on-site and off-site construction support activity areas covered by this permit
  • The maximum area expected to be disturbed at any one time, including on-site and off-site construction support activity areas
  • A description and projected schedule for: commencement of construction activities in each portion of the site (clearing and grubbing, mass grading, demolition, site preparation, final grading, and creation of soil and vegetation stockpiles requiring stabilization); temporary or permanent cessation of construction activities in each portion; temporary or final stabilization of exposed areas for each portion; and removal of temporary stormwater controls and construction equipment or vehicles and cessation of construction-related pollutant-generating activities
  • A list and description of all pollutant-generating activities on the site, with an inventory of pollutants or pollutant constituents associated with each, taking into account where potential spills and leaks could occur and any known hazardous or toxic substances such as PCBs and asbestos that will be disturbed or removed
  • Business days and hours for the project
  • If conducting construction activities in response to a public emergency, a description of the cause of the emergency, information substantiating its occurrence (e.g. a State disaster declaration), and a description of the construction necessary to reestablish affected public services
Site MapParts 7.2.4a - 7.2.4kVerified
  • Boundaries of the property
  • Locations where construction activities will occur, including: locations of earth-disturbing activities (noting any phasing) including demolition; approximate slopes before and after major grading (noting any steep slopes); locations where sediment, soil or other construction materials will be stockpiled; any receiving water crossings; designated points where vehicles will exit onto paved roads; locations of structures and other impervious surfaces upon completion; and locations of on-site and off-site construction support activity areas
  • Locations of any receiving waters within the site and all receiving waters within one mile downstream of the site's discharge point(s), identifying whether any are listed as impaired or identified as a Tier 2, Tier 2.5 or Tier 3 water
  • Any areas of Federally listed critical habitat within the action area of the site
  • Type and extent of pre-construction cover on the site (e.g. vegetative cover, forest, pasture, pavement, structures)
  • Drainage patterns of stormwater and authorized non-stormwater before and after major grading activities
  • Stormwater and authorized non-stormwater discharge locations, including discharges to storm drain inlets (noting whether the inlet conveys stormwater to a sediment basin, sediment trap or similarly effective control), discharges directly to receiving waters, and locations where turbidity benchmark monitoring will take place
  • Locations of all potential pollutant-generating activities identified in Part 7.2.3g
  • Designated areas where construction wastes covered by the Part 2.3.3e.ii exception will be stored
  • Locations of stormwater controls, including natural buffer areas and any shared controls utilized to comply with this permit
  • Locations where polymers, flocculants or other treatment chemicals will be used and stored
Non-Stormwater DischargesPart 7.2.5Verified
  • Identify all authorized non-stormwater discharges in Part 1.2.2 that will or may occur.
Procedures for Inspection, Maintenance, and Corrective ActionParts 7.2.7a - 7.2.7eVerified
  • The inspection schedule you will follow, based on whether your site is subject to Part 4.2 or Part 4.3, or whether it qualifies for any of the reduced inspection frequencies in Part 4.4
  • If conducting inspections under Part 4.2.2, Part 4.3 or Part 4.4.1b, the location of the rain gauge or the address of the weather station you will use to obtain rainfall data
  • If reducing your inspection frequency in accordance with Part 4.4.1b, the beginning and ending dates of the seasonally defined arid period for your area or the valid period of drought
  • If reducing your inspection frequency in accordance with Part 4.4.3, the beginning and ending dates of frozen conditions on your site
  • Any maintenance or inspection checklists or other forms that will be used
Procedures for Turbidity Benchmark Monitoring from Dewatering Discharges (if applicable)Part 7.2.8Verified
  • If required to comply with the Part 3.3 turbidity benchmark monitoring requirements, describe the procedures you will follow to collect and evaluate samples, report results to EPA, keep records of monitoring information, and take corrective action when necessary. Include the specific type of turbidity meter you will use and any manuals or manufacturer instructions on how to operate and calibrate it. Describe any coordinating arrangement with other permitted operators on the same site, including which parties are tasked with specific responsibilities. If EPA has approved an alternate turbidity benchmark, include the data and documentation relied on to request it.
Compliance with Other RequirementsParts 7.2.9a - 7.2.9cVerified
  • Threatened and Endangered Species Protection: include the documentation required in the Endangered Species Protection section of the NOI in NeT, or the ESA worksheet in Appendix D, supporting your eligibility
  • Historic Properties: include the documentation required in Appendix E supporting your eligibility with regard to the protection of historic properties
  • Safe Drinking Water Act Underground Injection Control (UIC) requirements: if using infiltration trenches, commercially manufactured pre-cast or pre-built proprietary subsurface detention vaults/chambers/devices designed to capture and infiltrate stormwater, or drywells, seepage pits or improved sinkholes, document any contact with the applicable State agency or EPA Regional Office responsible for underground injection wells. Such controls would generally be considered Class V UIC wells
SWPPP CertificationPart 7.2.10Verified
  • Your signatory must sign and date your SWPPP in accordance with Appendix G, Part G.11.
Post-Authorization Additions to the SWPPPParts 7.2.11a - 7.2.11cVerified
  • A copy of your NOI submitted to EPA along with any correspondence exchanged between you and EPA related to coverage under this permit
  • A copy of the acknowledgment letter you receive from NeT assigning your NPDES ID (i.e. permit tracking number)
  • A copy of this permit (an electronic copy easily available to the stormwater team is also acceptable)

Read the permit itself at the source document.

What people ask about SWPPP requirements in Minnesota

What are the SWPPP requirements in Minnesota?

Minnesota issues its own construction general permit, and we have read Construction Stormwater General Permit (NPDES/SDS General Permit MNR100001). The requirements listed on this page, such as inspection frequency, who may inspect, stabilisation, corrective action and record retention, are cited to that permit rather than to EPA's. Anything we have not transcribed is left out instead of assumed to match the federal rule, and the scope note on this page says which sites the permit does not cover. Confirm the current permit and any site-size variant with Minnesota Pollution Control Agency (MPCA).

Who may prepare a SWPPP in Minnesota?

Minnesota requires a credentialed preparer. Treat the generated document as a complete draft for that person to review, adopt and sign. It is not by itself a compliant filed plan.

How often must a Minnesota site be inspected?

The inspection frequency is set by the Minnesota construction general permit, which we have not read. Confirm it with Minnesota Pollution Control Agency (MPCA).

Who may prepare a stormwater plan in Minnesota

The permit makes you keep the record, not just know the answer

Screening is free. Pro generates the site specific plan document and retains the inspection and corrective action log.