Ross Bintner, City of Edina
Background
Is your pond a Stormwater pond that was specifically designed to treat stormwater, or is it a natural waterbody that receives stormwater? Understanding the history of pond creation, waterbody modification, eras of development and rules surrounding the NPDES/MS4 and WCA can help!
What is the problem?
The unprecise definition of a pond has caused all sorts of confusion in the pond science and practices around urban ponds. Stormwater ponds must be maintained to provide treatment. Natural ponds can be managed to provide beneficial effects.
A Venn diagram shows pond types relating to MN Statutes Ch113-115 MS4 and Environmental Protection, 103 Water, 103B.235 planning, 444 stormwater utility, and 103G WCA for Twin Cities Metro MN context.
Era of development in the TCMA
A map shows the community designations, such as urban, urban edge, suburban, suburban edge, and rural, included in the Twin Cities Metro Area.
Changing regulatory context
1965 Federal Water Quality Act
1972 Federal Clean Water Act
1978-1983 EPA's Nationwide Urban Runoff Program (NURP)
1987 Clean Water Act amendments, 1990 Federal NPDES Phase 1
1988 MN Wetland Conservation Act
1987 -1990 Early MPCA, PCA, Walker Pond, other influences
1990 MN Water Law
2000 Federal NPDES Phase II rule
Stormwater ponds are most prevalent in areas developed after 1990 in the suburban and suburban edge areas of the TCMA. Many ponds intentionally built before the 1988 WCA, or in drained hydric soils still classify as modified natural waterbodies. Natural wetlands are still commonly used for flood storage in development stormwater plans. These natural ponds or flooded wetlands are often troubled for water quality by failed agricultural drainage systems, legacy nutrients from crops or feedlots, but can be managed for beneficial water quality outcomes.
Ownership matters - Stormwater Ponds
- Stormwater ponds are often owned by a municipality's stormwater utility under MN State Statue 444, were built for purpose as part of local water planning 103 Water Law, 103B.235, were built on fee owned public property, in upland areas with a categorical exemption from 103G WCA regulations.
- Some stormwater ponds were built by a watershed district under 103B or D.
- Some stormwater ponds remain under private landowner and were often built under a NPDES construction site permit. While they may have a drainage and utility easement, these ponds include a codified or agreement requirement that spells out private maintenance obligations.
- Stormwater is a term relating to waters that are part of the MS4 and built under an NPDES permit. Have a clear treatment purpose for environmental protection under MN 113-115 and the MS4 permit.
- Stormwater Ponds were designed for a purpose, include a stormwater management.
- Start with an inventory and a condition assessment of stormwater ponds in your city.
Logo for the University of Minnesota Water Resources Center
Logo for the Minnesota Stormwater Research Council
Logo for the Clean Water Land and Legacy Amendment