Subd. 1 

Policies

1. To implement the purposes for which the District was created.

2. To carry out the policies contained in the Water Management Plan.

3. To coordinate the District's activities with other governmental agencies.

4. To ensure that the water resources are considered, protected and preserved within the District.

5. To ensure that future regional water management needs are considered in the development of individual subdivisions, developments and local water management plans.

6. To protect the public health, safety and welfare.

Subd. 2 

Standards

1. To aid the Managers in their review process.

2. To inform the Managers' staff of the criteria on which they should base their review and recommendations.

3. To inform permit applicants of the criteria against which their proposed developments will be reviewed.

4. To provide the communities with guidelines for the development of local water management plans.

Subd. 3 

Application

1. General activities that require a Valley Branch Watershed District Permit

   1. Land alterations, such as grading or filling, which remove or cover surface vegetation of 1 acre or more (Section VI., Subd. 2.A).
   2. All projects which create a new impervious surface area of 6,000 square feet or more (Section VIII., Subd. 2.B).
   3. All work within the waters and floodplain of the District (Section V., Subd. 2.B).
   4. All projects which result in a discharge of municipal or industrial water or wastewater to a surface water drainage system (Section VIII., Subd. 2.A).
   5. All subdivisions, plats, and developments (Section V., Subd. 2.A).
   6. All projects which result in lake augmentation.
   7. All projects which result in a wetland impact.
   8. Note: Valley Branch Watershed District is the Local Governmental Unit (LGU) responsible for administering the Wetland Conservation Act (WCA).
       

2. B. Fees Associated with a Valley Branch Watershed District Permit Application

   1. Application Fee to be used to defray the Districts review, inspection, and administration costs. The amount of the escrow deposit to be used shall be determined by the Managers and this information is available upon request. The amount of the application fee is set by the Managers annually. Any costs incurred by the District greater than the escrow balance will be billed to the applicant. Any unused portion of the escrow deposit will be returned to the applicant.
   2. Cash Surety Charge in proportion to the size and type of disturbed area to ensure the project is completed in accordance with the approved conditions.
   3. Letter of Credit for Wetland Replacement Plan, rather than a cash surety.
       

3. These Rules and Regulations shall not require permits within municipalities which have a Water Management Plan approved by the District ,except when the District is the LGU for administering the Wetland Conservation Act for that portion of a community within the District. A permit will then be required as defined in Section IX., Subd.1.B.

Subd. 1  

To implement the purposes of these Rules and Regulations, the Managers intend to do the following:

1. Assist municipal officials in the preparation of local water management plan and land development guides.
    
2. Review permit applications filed with the Minnesota Department of Natural Resources pursuant to Minnesota Statutes Chapter 105 as well as other development plans and proposed subdivisions. The Managers desire to become informed of improvements and land development proposals during the early planning stages. It is the intent of the Managers that the communities be the primary vehicles for submission of proposed improvements to the Managers. The Managers will review proposed improvements when the appropriate community is aware of the improvement proposal.
    
3. It is the intent of the Managers to exercise control over proposed developments only to the extent necessary to protect the waters of the District from unreasonable impacts which are inconsistent with the policies contained in the Water Management Plan and these Rules and Regulations.
    
4. The Managers will submit to the communities their comments, recommendations, requirements and all District actions regarding proposed improvements. All District requirements shall be included in the community permits.
    
5. The Managers will coordinate their review with the communities and, when appropriate, with Counties, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency and other appropriate State and Federal agencies.
    
6. The review, administration, and inspection costs of any proposed project requiring a District permit shall be borne by the permit applicant, unless otherwise voted upon by the Managers of the District.

Subd. 2 

Regulations

1. All permit applicants shall submit an escrow deposit to be used to defray the District's review, administrative, and inspections costs. The amount of the escrow deposit shall be determined by the Managers and this information is available upon request.
    
2. All permits issued by the District shall remain valid unless: (1) the work is not initiated within one year of permit issuance, (2) work is idle for 12 consecutive months, or (3) work is not completed within 3 years of permit issuance date.
    
3. Permit application by Governmental Units to the District - No fee or escrow deposit is required by governmental units applying for a permit. If the permit is approved, the contractor doing the work for the governmental unit must submit an escrow deposit and other cash sureties that the Managers may require.

Subd. 1  

District means the Valley Branch Watershed District.

Subd. 2  

Drainage System means those features of the watershed such as lakes, ponds, streams and waterways which contain and convey waters of the District.

Subd. 3  

Drainageway or waterway means any natural or artificial channel which provides a course for water flowing either continuously or intermittently.

Subd. 4  

Floodplain is the area along channels and waterways, including the area around lakes, marshes and lowlands which would become inundated as the result of a flood occurring on the average once every 100 years.

Subd. 5  

Floodway means the channel and those areas of the floodplain which are reasonably required to efficiently carry and discharge the flood waters of a river, stream or lake.

Subd. 6  

Flowage Easement means an easement held in public ownership to reserve areas along waterways and around storage sites for the passage or retention of waters, construction of drainage improvements and maintenance.

Subd. 7  

LGU means Local Government Unit.

Subd. 8  

Local Water Management plan is the local government unit's water management plan, as defined by Minnesota Statutes 1Ø3B.235.

Subd. 9  

Minimum Building Elevation is the elevation of the lowest floor of the building.

Subd. 10  

100-year Flood Event means the amount of runoff that has a one percent chance of occurring at a given location within a one year time period.

Subd. 11  

100-year Flood Level is the peak elevation of a water body resulting from a 100-year flood event.

Subd. 12  

Ordinary High Water is defined by Minnesota Statute 1Ø3G.005, Subdivision 14, and for public waters and wetlands is defined as the elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.

Subd. 13  

Person means an individual, firm, partnership, association, private corporation, city, village, county, town, school district or other political subdivisions.

Subd. 14  

A Plan is the map or drawing and supporting data indicating the proposed layout of a subdivision, development, new construction, changes or alterations to construction or to land contours.

Subd. 15  

A Plat is a legal document used to subdivide property which includes a drawing or map of the subdivision, meeting all the requirements of the applicable Minnesota Statutes.

Subd. 16  

Public health, safety and welfare extends to and includes any act or thing tending to improve or benefit or in any way affect the general public either as a whole or as to a particular community or part thereof. This definition is to be construed liberally to give meaning and effect to the goals and purposes of the Valley Branch Watershed District and also statutes and ordinances relating to floodplain management and shoreland use.

Subd. 17  

Rate of Runoff is the peak volume of runoff per unit of time for a given storm event.

Subd. 18  

Rules means the Rules and Regulations of the Valley Branch Watershed District.

Subd. 19  

Runoff means the amount of excess precipitation or snowmelt that is not permanently stored in depressional areas or infiltrated into the soil.

Subd. 20  

SCS means Soil Conservation Service or Natural Resource Conservation Service (NRCS).

Subd. 21  

Storage Site means an area which is reserved for holding waters.

Subd. 22  

Volume of runoff is the amount of excess runoff in cubic units often noted as acre-feet.

Subd. 23  

Water Management Plan is the District's watershed management plan, as defined by Minnesota Statutes 1Ø3B.231.

Subd. 24  

Waters of the District include lakes, ponds, streams, marshes and other wetlands.

Subd. 25  

Watershed means an area bounded peripherally by a drainage divide, which collects precipitation and provides runoff to a particular drainage system.

Subd. 26  

WCA means Wetland Conservation Act of 1991, (Minnesota Laws 1991 Chapter 354, as amended).

Subd. 27  

WCA Rules means Minnesota Board of Water and Soil Resources (BWSR) (Minnesota Rules Chapter 8420, as amended).
 

Subd. 1 

Policies

1. The communities are responsible for:
   1. Land use plans and zoning ordinances
   2. Local water management plans
   3. Shoreland and floodplain ordinances
   4. Enforcing minimum building elevations established by the District.
      
      The Managers will review these plans and documents to minimize adverse impacts to the waters of the District and to ensure regional water management needs are included in local water management plans.
       
2. Communities shall submit copies of developers agreements and/or grading permits of proposed subdivisions and development plans for review by the managers.

Subd. 2 

Regulations

1. The Communities shall file with the Managers for their review and comment all ordinances, plans and development guides relating to:
   1. Land alteration
   2. Surface drainage
   3. Floodplain management
   4. Shoreland management
       
2. The community, upon receipt of plans for proposed subdivisions and developments shall submit such plans to the Managers for review, comment and approval. The Managers shall acknowledge the receipt of these plans.

Subd. 3 

Standards for Local Water Management Plans

1. Local water management plans are required to conform to Minnesota Statute 1Ø3B.235, Minnesota Rules 8410.0160 and the District's Water Management Plan.
    
2. The local government unit's permitting process for land and wetland alternation work shall be outlined in the local water management plan. All land and wetland alteration plans shall be submitted to the District for review and comment. The District reserves the right to recommend to the local unit of government that a project which the District considers to be inconsistent with the local management plan be denied. If the local unit of government proceeds to approve such a project, the District reserves the right to take legal action.

Subd. 1 

Policy

1. It is in the best interest of the public health, safety and welfare that the Managers regulate the development and the use of floodplains.
    
2. Alterations or work within the floodplain or waters of the District will be reviewed to:
   1. control floodplain encroachments
   2. prevent adverse environmental impact
       
3. The Managers will review all proposed subdivisions, plats and developments to reserve right-of-way for future water management needs.

Subd. 2 

Regulations

1. All subdivisions, plats and developments require the approval of the Board of Managers of Valley Branch Watershed District.
    
2. All work within the waters and floodplain of the District require a District permit.
    
3. Issuance or denial of a permit shall be based on the policies set forth in the Water Management Plan, these Rules and Regulations and applicable State policies, and the criteria found in the District Standards.

Subd. 3 

Standards

1. Flood Level Determination
   1. Ultimate development of the tributary watershed shall be assumed.
   2. Design criteria shall be the 2, 10, and 100-year storms. When using SCS methodologies for event modeling, the Type II storm distribution shall be used. The 100-year 10-day snowmelt event shall also be modeled.
   3. Flood levels shall be either determined or approved by the District Engineer.
   4. Many depressions within the District are landlocked. That is, they have no surface water outlet. Because there is no surface outlet, runoff collecting in these depressions is removed only by seepage and evaporation. Under these circumstances, a detailed flood level analysis should include the effects of seepage and evaporation. Analysis of this type can be very complex. 
      
      In order to determine appropriate flood levels for these depressions, a simpler method of analysis was devised. With this method, the approximate 100-year flood level is determined using the annual runoff volumes shown in the following table:

For a natural landlocked pond, the average year's runoff volume is assumed to be dissipated by the average seepage rate of the pond. The additional runoff for a wet year is assumed to be stored in the pond above the normal pond level. If the applicant can demonstrate that seepage will be greater than is assumed by this method, a less conservative flood level may be accepted.

The 100-year flood level is the level at which the depression will store the runoff volume calculated using the above table and the tributary watershed. Storage below the normal water level of the depression shall not be included in the computations.

To use the land within the District to the maximum extent desirable, the communities and developers are encouraged to make detailed analyses and accurately determine 100-year flood levels. However, in the absence of a detailed analysis, the District Engineer's recommendations and requirements shall be based upon flood levels determined using the above approximate method.

2. Minimum Building Elevations
   
   Adjacent to all waters of the District, the Managers shall set the minimum building elevation at two feet above the 100-year flood elevation. The minimum building elevation for each lot shall be noted on the grading plan.
    
3. Floodplain Preservation and Uses
   1. Floodplains adjacent to existing and future waters and waterways shall be preserved by dedication and/or perpetual easement to the community in which they are located. These easements shall cover those portions of the property which are adjacent to the water or waterway and which lie below the 100-year flood elevation. The local governmental unit shall be responsible for all necessary maintenance within the drainage easement.
       
   2. Filling and crossing of waters of the District.
      1. Lakes, ponds and storage sites -- fill volumes shall be limited so that the cumulative effect of all possible filling will not raise the 100-year flood level more than 0.1 foot.
      2. Waterways -- fill and other alterations shall be limited so that the cumulative effect of all possible alterations shall not increase the 100-year flood level more than 0.5 foot.
          
   3. The Board of Managers may determine that certain areas of the District are or will be in a flood situation and will not allow any filling until the situation has been corrected.
       
   4. Uses of Floodplain Adjacent to Waters of the District.
      1. Buildings or other improvements to be located in the floodplain or materials to be stored in the floodplain will be permitted only when:
         1. It can be shown that the building or improvements to be located in the floodplain will not be significantly damaged by flooding.
         2. It can be shown that the improvements and materials will not unreasonably endanger life or property.
         3. It can be shown that the improvements and materials will not unreasonably affect the water resource.
             
4. Floodplain Alterations
   1. Alterations which will unreasonably impact another community will not be permitted. Such alterations may include: The outletting of landlocked ponds to another community and modifying lake outlet elevations.
   2. Alterations which will unnecessarily impact the waters of the District will not be permitted.
   3. Alterations not in conformance with the Water Management Plan for the District and applicable Minnesota Law will not be permitted.

Subd. 1 

Policy

1. To minimize the erosion which can occur as a result of land alteration, the Managers will require that all projects which may affect the waters of the District have temporary and permanent erosion control measures. The permit applicant shall be responsible for removal of all temporary measures upon completion of the project.

Subd. 2 

Regulations

1. Land alterations such as grading or filling which remove or cover surface vegetation of 1 acre or more will require a Valley Branch Watershed District Permit.
    
2. A permit will not be required for usual agricultural practices but the District will encourage good conservation measures.
    
3. If an erosion problem develops, the Managers will require action to correct the problem and prevent recurrence.
    
4. The issuance or denial of a permit shall be based on the policies contained in the Water Management Plan, these Rules and Regulations, and the criteria established in the District Standards.

Subd. 3 

Standards

1. Projects Which Require a Temporary Erosion and Sediment Control Plan
   1. Projects which remove or cover more than one acre of surface vegetation.
   2. Projects which could reasonably be expected to introduce sediment to the waters of the District.
       
2. Standards for Temporary Erosion and Sediment Control Plans
   1. The Board of Water and Soil Resources and the Association of Metropolitan Soil and Water Conservation Districts' "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and the Soil Conservation Service's "Fact Sheets" shall serve as the minimum guidelines for erosion control measures.
   2. Sedimentation ponds are required upstream of all wetlands where grading activities are proposed. All dikes, ditch checks, sediment ponds and other features shall be designed in accordance with the erosion control plan requirements of the District's Water Management Plan.
   3. Plans shall include commonly accepted restoration methods.
   4. Any disturbed areas shall be seeded and mulched within 14 days after final grading or any disturbed area which is not to be developed immediately shall be seeded and mulched within 14 days after being disturbed. The Managers may, if requested and conditions warrant, allow more than 14 days before seeding and mulching is required.
   5. All erosion and sediment control measures shall be installed prior to alteration and maintained until turf is established. The District Engineer shall be notified three days prior to commencement of grading to schedule an inspection of the project's erosion controls. The erosion controls must be in place and properly installed before grading will be permitted.
   6. All construction-related sediment shall be removed from ponding areas upon completion of construction.

Subd. 1 

Policies

1. To manage the water resources of the District, the Managers must be informed of the proposed appropriation of ground and/or surface waters.
    
2. The Managers require that the effect of the proposed appropriation be defined before approval is granted.

Subd. 2 

Regulations

1. In all cases of appropriation of waters requiring a Department of Natural Resources permit, a copy of the permit application must be filed with the Managers for their review and approval.
    
2. The Managers will act on the Department of Natural Resources permit application within 50 days after receipt of the complete application.

Subd. 1 

Policies

1. To carry out the responsibility of managing the District's water resources, the Managers must be informed of all water and wastewater discharges within the District. This includes stormwater runoff, municipal and industrial wastewater discharges, lake augmentation and any discharge that requires a National Pollutant Discharge Elimination Program (NPDES) permit.
    
2. All discharges and related improvements must conform to the applicable requirements of State and Federal agencies.
    
3. All stormwater discharges must be in general conformance with the District's and Communities' Water Management Plans.
    
4. All discharges and related improvements shall not unreasonably raise water levels or degrade water quality of the waters of the District.

Subd. 2 

Regulations

1. All projects which result in a discharge of municipal or industrial water or wastewater to a surface water drainage system within the District require a Valley Branch Watershed District Permit.
    
2. All projects which create a new impervious surface of 6,000 square feet or greater require a permit.
    
3. Issuance or denial of a permit will be based on the policies set forth in the Water Management Plan and these Rules and Regulations.
    
4. The Managers will act within 50 days of receipt of the complete permit application.
    
5. In case of emergency action performed without a Valley Branch Watershed District Permit, the Managers shall be notified of the action and pertinent facts as soon as possible. A retroactive permit shall be required in such cases. In the event the Managers determine the facts do not warrant issuance of a permit (retroactive), the action will be considered a violation of these Rules and Regulations and treated accordingly.

Subd. 3 

Standards

1. Any permitted activity shall not increase the rate of surface water runoff from the applicant's property for precipitation events of all durations up to and including the 100-year storm. Design criteria shall be the 2, 10, and 100-year storms.
    
2. The determination of whether a design will result in an erosion problem shall be based on generally accepted engineering design manuals or practices.
    
3. Discharges resulting from the modification of the outlet of landlocked basins shall not flow into landlocked areas of other communities more frequently than once every 100 years on the average.
    
4. Runoff rates should be calculated by accepted design methods. Applicants must submit calculations showing that runoff rate is not increased in events up to the 100-year recurrence interval for storms of any duration.
    
5. The runoff curve number for existing agricultural areas shall be less than or equal to the developed condition curve number.
    
6. Stormwater ponding areas for parking lots with more than 10 parking spaces and for motor vehicle service facilities shall incorporate a skimming device capable of retaining floating liquids and debris.
    
7. Best Management Practices shall meet the standards established in the Water Management Plan for runoff water quality management and erosion control plans.

Subd. 1 

Policy

1. The District has adopted the Wetland Conservation Act of 1991, (Minnesota Laws 1991 Chapter 354, as amended), and the accompanying rules of the Minnesota Board of Water and Soil Resources (BWSR) (Minnesota Rules Chapter 8420, as amended), herein referred to as the WCA and the WCA Rules, respectively.
    
2. The following activities may require a District permit:
   1. Filling a wetland
   2. Draining a wetland
   3. Ditching a wetland
   4. Dredging a wetland

Subd. 2 

Application

These Rules apply to those waters in the District that are defined under the WCA Rules.

Subd. 3 

Regulations

1. Regulations as provided by the WCA Rules except as defined in these subsequent regulations.
    
2. These Rules revise WCA Rules Chapter 8420.0150 Scope to include dredging, ditching, and excavation. These activities are considered wetland impacts by the District and require avoidance, minimization, and replacement as outlined in the WCA Rules. These are in addition to draining and filling of a wetland per the WCA and WCA Rules.
    
3. Replacement wetlands shall be located within the District, unless the District finds the need for exception.
    
4. The District may find that an out of District replacement may have a higher value than one completed within the District. State banking described in WCA Rules Chapter 8420.0730 though 8420.0740 can be used by the applicant provided that replacement locations adhere to requirements stated elsewhere in these rules.
    
5. Decisions regarding sequencing, replacement plans, and banking shall particularly favor preservation, restoration, and creation of wetlands in high priority areas as identified by the District and the WCA Rules part 8420.0350. High priority areas in the District include but are not exclusive to the following areas:
   1. Areas defined as high priority by the District Water Management Plan.
   2. Minor watersheds having less than 50 percent of original wetlands, diminished wetlands, eliminated wetlands, and areas once occupied by wetlands.
   3. Additional high priority areas defined by the local water management plans where preservation, enhancement, restoration, and establishment of wetlands would have high public value by providing benefits for water quality, flood water retention, public recreation, commercial use, and other public uses.

Subd. 4 

Standards

Wetland impacts require the following procedures:

1. Exemption and no-loss determinations. Exemption and no-loss determinations under Minnesota Rules parts 8420.0210 and 8420.0220 shall be made by the LGU. The LGU shall seek the advice of the technical evaluation panel on questions of wetland delineation and type. The LGU's decision is final unless appealed within thirty (30) days of its decision.
    
2. Sequencing and replacement plan decisions. Sequencing and replacement plan decisions under Minnesota Rule part 8420.0520 - .0550 shall be made following the same procedures as for District permit review plus the additional notice and time requirements of part 8420.0230. If the amount of wetland to be drained, ditched, dredged, excavated, or filled is less than one-tenth of an acre, the sequencing determination under the WCA Rules part 8420.0520 shall be made by the District.
    
3. Monitoring. The District shall assure that the replacement plan monitoring and enforcement requirements of the WCA Rules part 8420.0600 - .0630 are fulfilled.
    
4. Storage volume. The alteration shall not reduce the existing storage volume in the immediate watershed. Storage volume will be determined as stated elsewhere in these Rules.
    
5. Recording. The applicant is to provide all copies needed for proper distribution and recording at the time application is made.
    
6. The alteration shall meet all other requirements of these Rules.
    
7. Any requirements or conditions the District deems necessary to ensure the procedures of this section are carried out.
    
8. The District may permit excavation in existing wetlands when the following apply.
   1. The existing wetland is an isolated basin.
   2. All contiguous property owners join in the application.
   3. No more than 50 percent of the wetland is impacted.
   4. The excavated spoil material is not to be placed within the wetland.
   5. The wetland is of a relatively low function and value assessment for the region or area.
       
9. A minimum 16.5 foot buffer strip around the delineated wetland boundary or the OHW, whichever is greater in elevation, shall be provided for all permitted activities.

Subd. 5 

Criteria

The functional values and acreage lost as a result of a wetland alteration shall be replaced according to the following criteria:

1. Wetland impact shall be replaced as required by the WCA Rules.
    
2. The applicant shall post a cash surety or letter of credit equivalent to 150 percent of the estimated construction cost of the replacement wetland, to be determined by the permit applicant and approved by the District Engineer. Additional cash sureties may be required based upon conditions imposed on the applicant by the District.
    
3. Replacement wetlands will require monitoring and annual reporting for 5 years after completion with possible extensions defined in the WCA Rules part 8420.0600-.0630. Monitoring programs are the responsibility of the applicant and are to be performed according to the WCA Rules. The District may perform this monitoring, under some circumstances, at the expense of the applicant.
    
4. A completed replacement wetland is defined as:
   1. Targeted replacement wetland type plant coverage of 80 percent.
   2. Predominance of hydric soils.
   3. Exhibits inundated or saturated conditions by surface or ground water.
   4. Supports predominantly wetland vegetation under normal conditions.
   5. Conforms to the "Federal Manual For Identifying and Delineating Jurisdictional Wetlands" (January 1989).

Subd. 6 

Technical Evaluation Panel

The District shall appoint a person to serve on the technical evaluation panel in accordance with WCA Rules part 8420.0240. The person must be a technical professional with expertise in water resources management. When applicable, a professional employee of the local municipality will be considered as a member of the technical evaluation panel.

The District shall seek and consider recommendations made by the technical evaluation panel in making replacement plan decisions.

Subd. 7 

Appeal

The decision of the District to approve, approve with conditions, or reject a wetland replacement plan becomes final thirty (30) days after the date on which the decision is mailed to those required to receive notice of the decision.

The determination, application, or decision made under these Rules may be appealed to the District under WCA Rules part 8420.0250.

Subd. 1  

Policies

1. To implement the goals and policies of the District's Water Management Plan.
    
2. All activities requiring a District permit shall meet the requirements of all applicable State and Federal Agencies including, but not limited to, Minnesota Rules Chapter 8410, Minnesota Pollution Control Agency stormwater permit requirements, and Minnesota Department of Natural Resources permit requirements.

Subd. 2  

Regulations

1. All projects which require a District permit as defined by these Rules and Regulations shall meet the goals and policies set forth in the District's Water Management Plan.
    
2. Issuance or denial of a permit will be based on the policies set forth in the Water Management Plan and these Rules and Regulations.

Subd. 3  

Standards

A. Any permitted activity shall meet the runoff water quality management policies, standards, and criteria set forth in the Water Management Plan.
 

Subd. 1  

To assure compliance with these Rules and Regulations, the Managers may require the posting of a performance bond or other security where it is shown to be reasonable and necessary under the particular circumstances of any permit application filed with the District.
 

Subd. 2  

Where a municipality or other governmental agency includes in its requirements that the applicant furnish a performance bond or other security, the District may require an additional performance bond from the applicant.
 

Subd. 1 

Policies

1. The Managers may grant variances from these Rules and Regulations when they find that due to unique physical conditions of the land or waters involved, extraordinary and unnecessary hardship may result from strict compliance. Such variances will not have the effect of nullifying the intent and purpose of these Rules and Regulations, or the Water Management Plan.
    
2. In considering the variance, the Managers shall consider the effect upon the entire District and Water Management Plan.

Subd. 2 

Regulations

1. An application for a variance shall be submitted to the Managers and shall document the exceptional conditions and peculiar difficulties claimed and resulting impacts from approval of the variance.
    
2. The Managers shall approve or deny the variance within 50 days of receipt of a complete variance application.
    

Subd. 1  

The District Engineer must receive from the applicant a complete permit application, all necessary supporting documents, and the escrow deposit 14 days prior to a meeting at which application is to be considered.
 

Subd. 3  

The District Engineer will notify the applicant concerning:

1. Applicable Valley Branch Watershed District criteria and policies.
    
2. Additional required information where necessary with copies to the appropriate community and other concerned agencies.

Subd. 4  

The District Engineer will place the development proposal on the agenda when all the required information is received and all Valley Branch Watershed District policies are met or a variance is requested and supporting written documentation is submitted. The Engineer will then submit a written report to the Managers at least two (2) days prior to the Managers meeting.
 

Subd. 5  

The Managers will act on a complete permit application within 50 days of receipt or as required by the Rules of the Wetland Conservation Act.
  

Subd. 1  

The District may exercise all powers conferred upon it by Minnesota Statutes, Chapter 1Ø3, in enforcing these Rules and Regulations.
 

Subd. 2  

If for any reason a section or subdivision of these Rules and Regulations should be held invalid, such decision shall not affect the validity of the remaining Rules and Regulations.
 

Subd. 3  

These Rules and Regulations shall conform to Minnesota law and if inconsistent therewith, the latter shall govern and these Rules and Regulations are amended accordingly.
 

Subd. 1  

Any person aggrieved by enforcement of these Rules and Regulations or by any Order of the District may appeal therefrom in accordance with the appellate procedure and review as provided in Minnesota Statutes Chapter 103D.
 

Subd. 1  

Any person may petition the Managers for the purpose of amending or changing these Rules and Regulations.
 

Subd. 2  

The Managers may initiate changes or amendments in these Rules and Regulations.
 

Subd. 3  

All changes and amendments in these Rules and Regulations, whether initiated by the Managers or by any other person, will require a majority vote of the Managers.
 

Subd. 1  

The Managers shall cause to be published in a legal newspaper, published in the counties of the District, a copy of these Rules and Regulations as adopted. The Managers shall also file and record a certified a copy of these Rules and Regulations in the office of the County Recorder of the counties of the District.
 

Subd. 2  

These Rules and Regulations are adopted this ____day of ______, 1996, by the Board of Managers of the Valley Branch Watershed District pursuant to Minnesota Statutes, Chapter 1Ø3, following a public hearing held on_____ , 1996.