Local government soil loss limits must use the soil loss tolerance for each soil series as the maximum amount of soil loss permitted. The final recommendation of the soil loss tolerance information used rests with the district.
Local government sedimentation limits must minimize sediment on adjoining land or in a body of water, watercourse, or wetland. In establishing these sedimentation limits the local government shall give consideration to the nature of the affected land or water. In making these determinations the local government should seek the advise of local, state, and federal agencies.
Local government soil loss limits must require that a sedimentation control plan and time schedule must be developed by a land occupier and submitted to the local government before any development activity begins. The following must be addressed in developing and implementing a sedimentation control plan:
stabilization of denuded areas and soil stockpiles;
establishment of permanent vegetation;
protection of adjacent properties;
timing and stabilization of sediment trapping measures;
stabilization of cut and fill slopes;
stabilization of watercourses;
stabilization of construction access routes;
disposition of all temporary measures; and
maintenance of all temporary and permanent urban conservation practices.
The model ordinances incorporated by reference in part 8400.4080 are the minimum standards for the adoption or amendment of soil loss limits under Minnesota Statutes, sections 103F.401 to 103F.455. A local government may adopt soil loss limits which are stricter than the model ordinances.
11 SR 742
March 7, 2013