161A.64 EROSION CONTROL PLANS REQUIRED FOR CERTAIN
PROJECTS.
1. If a political subdivision has adopted a sediment control
ordinance which the commissioners and the political subdivision
jointly agree is at least as equally effective as the commissioners'
rules in preventing erosion from exceeding the established soil loss
limits, the commissioners and the political subdivision shall execute
an agreement under chapter 28E allowing an agency authorized by the
political subdivision to receive and file an affidavit from a person,
prior to initiating a land disturbing activity in that subdivision,
stating that the proposed activity will not exceed the established
soil loss limits. A copy of the affidavit shall be mailed to the
district as a part of the terms of the agreement. The affidavit
shall be in a form prescribed by the department and made available by
the district.
2. Prior to initiating a land disturbing activity in a political
subdivision which has not adopted sediment control ordinances as
described in subsection 1, a person engaged in the land disturbing
activity shall file a signed affidavit with the soil and water
conservation district that the project will not exceed the soil loss
limits. The affidavit shall be in a form prescribed by the
department and made available by the district.
3. For the purposes of this section, "land disturbing
activity" means a land change such as the tilling, clearing,
grading, excavating, transporting or filling of land which may result
in soil erosion from water or wind and the movement of sediment and
sediment related pollutants into the waters of the state or onto
lands in the state but does not include the following:
a. Tilling, planting or harvesting of agricultural,
horticultural or forest crops.
b. Preparation for single-family residences separately built
unless in conjunction with multiple construction in subdivision
development.
c. Minor activities such as home gardens, landscaping,
repairs and maintenance work.
d. Surface or deep mining.
e. Installation of public utility lines and connections,
fence posts, sign posts, telephone poles, electric poles and other
kinds of posts or poles.
f. Septic tanks and drainage fields unless they are to serve
a building whose construction is a land disturbing activity.
g. Construction and repair of the tracks, right-of-way,
bridges, communication facilities and other related structures of a
railroad.
h. Emergency work to protect life or property.
i. Disturbed land areas of less than twenty-five thousand
square feet unless a political subdivision by ordinance establishes a
smaller exception or establishes conditions for this exception.
j. The construction, relocation, alteration or maintenance of
public roads by a public body.
4. If the agency authorized under subsection 1 determines that a
land disturbing activity is not being conducted in compliance with
the soil loss limits, it shall file a written and signed complaint
with the soil and water conservation district commissioners. The
complaint shall have the same effect and validity as a complaint
filed by an owner or occupant of land being damaged by sediment
pursuant to section 161A.47. If the affidavit is filed with the
district or the political subdivision, the commissioners may proceed
on their own complaint. The soil and water conservation district
commissioners may issue an administrative order as provided in that
section to the person conducting the land disturbing activity.
161A.64 EROSION CONTROL PLANS REQUIRED FOR CERTAIN
PROJECTS.
1. If a political subdivision has adopted a sediment control
ordinance which the commissioners and the political subdivision
jointly agree is at least as equally effective as the commissioners'
rules in preventing erosion from exceeding the established soil loss
limits, the commissioners and the political subdivision shall execute
an agreement under chapter 28E allowing an agency authorized by the
political subdivision to receive and file an affidavit from a person,
prior to initiating a land disturbing activity in that subdivision,
stating that the proposed activity will not exceed the established
soil loss limits. A copy of the affidavit shall be mailed to the
district as a part of the terms of the agreement. The affidavit
shall be in a form prescribed by the department and made available by
the district.
2. Prior to initiating a land disturbing activity in a political
subdivision which has not adopted sediment control ordinances as
described in subsection 1, a person engaged in the land disturbing
activity shall file a signed affidavit with the soil and water
conservation district that the project will not exceed the soil loss
limits. The affidavit shall be in a form prescribed by the
department and made available by the district.
3. For the purposes of this section, "land disturbing
activity" means a land change such as the tilling, clearing,
grading, excavating, transporting or filling of land which may result
in soil erosion from water or wind and the movement of sediment and
sediment related pollutants into the waters of the state or onto
lands in the state but does not include the following:
a. Tilling, planting or harvesting of agricultural,
horticultural or forest crops.
b. Preparation for single-family residences separately built
unless in conjunction with multiple construction in subdivision
development.
c. Minor activities such as home gardens, landscaping,
repairs and maintenance work.
d. Surface or deep mining.
e. Installation of public utility lines and connections,
fence posts, sign posts, telephone poles, electric poles and other
kinds of posts or poles.
f. Septic tanks and drainage fields unless they are to serve
a building whose construction is a land disturbing activity.
g. Construction and repair of the tracks, right-of-way,
bridges, communication facilities and other related structures of a
railroad.
h. Emergency work to protect life or property.
i. Disturbed land areas of less than twenty-five thousand
square feet unless a political subdivision by ordinance establishes a
smaller exception or establishes conditions for this exception.
j. The construction, relocation, alteration or maintenance of
public roads by a public body.
4. If the agency authorized under subsection 1 determines that a
land disturbing activity is not being conducted in compliance with
the soil loss limits, it shall file a written and signed complaint
with the soil and water conservation district commissioners. The
complaint shall have the same effect and validity as a complaint
filed by an owner or occupant of land being damaged by sediment
pursuant to section 161A.47. If the affidavit is filed with the
district or the political subdivision, the commissioners may proceed
on their own complaint. The soil and water conservation district
commissioners may issue an administrative order as provided in that
section to the person conducting the land disturbing activity.
161A.64 EROSION CONTROL PLANS REQUIRED FOR CERTAIN
PROJECTS.
1. If a political subdivision has adopted a sediment control
ordinance which the commissioners and the political subdivision
jointly agree is at least as equally effective as the commissioners'
rules in preventing erosion from exceeding the established soil loss
limits, the commissioners and the political subdivision shall execute
an agreement under chapter 28E allowing an agency authorized by the
political subdivision to receive and file an affidavit from a person,
prior to initiating a land disturbing activity in that subdivision,
stating that the proposed activity will not exceed the established
soil loss limits. A copy of the affidavit shall be mailed to the
district as a part of the terms of the agreement. The affidavit
shall be in a form prescribed by the department and made available by
the district.
2. Prior to initiating a land disturbing activity in a political
subdivision which has not adopted sediment control ordinances as
described in subsection 1, a person engaged in the land disturbing
activity shall file a signed affidavit with the soil and water
conservation district that the project will not exceed the soil loss
limits. The affidavit shall be in a form prescribed by the
department and made available by the district.
3. For the purposes of this section, "land disturbing
activity" means a land change such as the tilling, clearing,
grading, excavating, transporting or filling of land which may result
in soil erosion from water or wind and the movement of sediment and
sediment related pollutants into the waters of the state or onto
lands in the state but does not include the following:
a. Tilling, planting or harvesting of agricultural,
horticultural or forest crops.
b. Preparation for single-family residences separately built
unless in conjunction with multiple construction in subdivision
development.
c. Minor activities such as home gardens, landscaping,
repairs and maintenance work.
d. Surface or deep mining.
e. Installation of public utility lines and connections,
fence posts, sign posts, telephone poles, electric poles and other
kinds of posts or poles.
f. Septic tanks and drainage fields unless they are to serve
a building whose construction is a land disturbing activity.
g. Construction and repair of the tracks, right-of-way,
bridges, communication facilities and other related structures of a
railroad.
h. Emergency work to protect life or property.
i. Disturbed land areas of less than twenty-five thousand
square feet unless a political subdivision by ordinance establishes a
smaller exception or establishes conditions for this exception.
j. The construction, relocation, alteration or maintenance of
public roads by a public body.
4. If the agency authorized under subsection 1 determines that a
land disturbing activity is not being conducted in compliance with
the soil loss limits, it shall file a written and signed complaint
with the soil and water conservation district commissioners. The
complaint shall have the same effect and validity as a complaint
filed by an owner or occupant of land being damaged by sediment
pursuant to section 161A.47. If the affidavit is filed with the
district or the political subdivision, the commissioners may proceed
on their own complaint. The soil and water conservation district
commissioners may issue an administrative order as provided in that
section to the person conducting the land disturbing activity.
