§ 154.339 DRAINAGE ALTERATIONS.

   (A)   Purpose. It is the intent of the City of Jordan to ensure that surface water may be drained only in a manner that does not unreasonably burden upstream or downstream land.

   (B)   Regulation. No person or political subdivision shall artificially drain surface water, nor obstruct or redirect the natural flow of runoff, so as to affect a drainage system established under M.S. Chapter 103E Drainage, or harm the public health, safety, and general welfare of the City of Jordan, without first obtaining a surface water management permit from the city.

   (C)   Criteria. The applicant for a drainage alteration shall:

      (1)   Describe the overall environmental impact of the proposed drainage alteration and demonstrate that:

         (a)   There is a reasonable necessity for such drainage alteration;

         (b)   Reasonable care has been taken to avoid unnecessary injury to upstream and downstream land;

         (c)   The utility or benefit accruing to the land on which the drainage shall be altered reasonably outweighs the gravity of the harm resulting to the land receiving the burden;

         (d)   That downstream impacts have been controlled or mitigated according to § 154.335(C)(4).

         (e)   The drainage alteration is being accomplished by reasonably improving and aiding the normal and natural system of drainage according to its reasonable carrying capacity, or in the absence of a practicable natural drain, a reasonable and feasible artificial drainage system is being adopted.

      (2)   Provide a hydraulic design which complies with § 154.337, and if the alteration involves a landlocked basin, the alteration shall comply with § 154.334 for outlets from landlocked basins.

      (3)   Provide a stable channel and outfall.

      (4)   Obtain a surface water management permit under §§ 154.334 and 154.335 if the drainage alteration is part of a land disturbing activity, a development or redevelopment of land.

   (D)   Exhibits. The City of Jordan shall require the submittal of exhibits with the application necessary for review and determination of compliance with this rule.

   (E)   Exceptions.

      (1)   No surface water management permit shall be required under this section for the alteration of drainage in connection with the use of land for agricultural activities.

      (2)   The City of Jordan may waive the requirement of division (C)(1) of this section if the applicant submits easements or other documentation in a form acceptable to the city evidencing the consent of the owner of any burdened land to the proposed alteration. Such easements or other documentation shall be recorded in the Office of the Scott County Recorder and evidence thereof submitted to the city.

         (a)   All drainage alterations not required by § 154.330 to obtain a surface water management permit shall nevertheless be conducted in full compliance with § 154.334.

(Ord. 2013-05, passed 5-20-2013)