Frequently Asked Questions
Site Development Permit FAQ’s
Site Development Permit (SDP) is required any time there is a project with a soil disturbance equal to or greater than 500 ft², involves more than 5 cubic yards of fill, or is in close proximity to a waterbody. The SMSC defines area of disturbance to include all areas that will be excavated, graded, driven on with equipment, serve as materials storage, have soil piles, or will otherwise have exposed soils at any point in a project.
In most cases you will need a permit. There are several cases where exemptions can be made and are listed in Section 1.5 of the Tribal Manual of Approved Erosion Control and Storm Water Management Practices.
- Submit the narrative, the maps, and details as described in Chapter 3 of Part I of the Manual of Approved Erosion Control and Storm Water Management Practices.
- Submit a Required Elements Checklist found in the Appendix of Part I of the Manual.
- Submit a letter of transmittal.
Yes, in the Appendix of Part I Tribal Manual of Approved Erosion Control and Storm Water Management Practices there is an example Site Development Permit, letter of transmittal, required elements checklist, and sample maps for Residential Developments. Also add a link to the forms and resources section that has examples available.
A Storm Water Pollution Prevention Plan (SWPPP) will be required whenever a site disturbance is greater than or equal to 1 acre or the site disturbance is within 25 feet of a lake, wetland, river, or stream. At the discretion of the Business Council other circumstances may warrant a SWPPP.
The plans must be prepared or approved and signed by a civil engineer, architect, professional hydrologist, or landscape architect certified or licensed in the State of Minnesota.
The professionals listed above will have access to most of the information needed to develop Erosion and Sediment Control Plans and Storm Water Pollution Prevention Plans. While the Natural Resources Department will not complete the plans, if requested, the Natural Resources Department can also provide information or sources for the information.
The SMSC will complete the review within 30 days – usually much less time is needed.
The Site Development Permit must be applied for, approved, and fees paid before any land disturbing activity can begin on the project. Erosion and sediment control measures are also required to be installed before work can begin on site.
If there are problems with erosion, sediment, or storm water control, an authorized Community representative will ask the Permittee(s) to rectify the situation. If the problem persists, the SMSC has several enforcement actions it can take including but not limited to:
- Withholding building inspections and approvals.
- Issuing a stop work order on site.
- Using the permitee’s escrow funds to repair the deficiency.
- Requiring additional escrow funds and plan details to ensure compliance on future permits.
No, the general goal is to stop sediment from leaving a construction site and account for any additional storm water. If you have alternative methods, present them in the Erosion and Sediment Control Plan and/or the Storm Water Pollution Prevention Plan as you would with other best management practices.
The preferred method is to have a landscape plan implemented. Otherwise, final stabilization means that all temporary erosion control devices have been removed, all permanent erosion control devices have been installed, and the site has a ground cover density of at least 70%.
Only selected sections from the Manual have been included here. Section 1 of Part I of the manual contains the general provisions that are applicable to everyone. Section 2 contains the general erosion control requirements for all disturbances and storm water requirements for disturbances greater than 1 acre. Section 3 contains the requirements of an Erosion and Sediment Control Plan that are applicable to everyone. Section 4 contains the requirements of the Storm Water Pollution Prevention Plan applicable to disturbances greater than 1 acre. The most useful part of the plan may be contained in the Appendices where you can find the Required Elements Checklist, the Inspection Log, and a sample Erosion and Sediment Control Plan with an example Letter of Submittal, an example Required Elements sheets, and an example Inspector’s Log.