When is it a creek?

  • Eelpoutguy
    Participant
    Farmington, Outing
    Posts: 9516
    #2204675

    I want to put up a pole shed and the City is saying is has to be 100′ away from the creek. What creek?
    Do you mean the drainage from the farmers drain tile 100 yards from here that dries out every year after the spring run off?
    It eventually drains into a creek, but how can they call that a creek?

    I called the DNR and they couldn’t answer so sent my to the hydrologist. Left him a VM and haven’t heard back yet.

    Riverrat
    Participant
    Posts: 944
    #2204676

    Just because the farmer destroyed your creek doesn’t make it not a creek. County Land and Resources will come out and identify drainage areas.

    Eelpoutguy
    Participant
    Farmington, Outing
    Posts: 9516
    #2204677

    Just because the farmer destroyed your creek doesn’t make it not a creek. County Land and Resources will come out and identify drainage areas.

    Farmer didn’t touch the creek, he more or less made a “creek” in my backyard.
    His “creek” drains into an actual creek farther down on my property which does not play a part in this building site.

    I had the Soil and water conservation guy coma out and he said that I was GTG. Then it went to city planning. flame

    isu22andy
    Participant
    Posts: 1193
    #2204678

    A creek is somewhere chubs and nice clean water flow . A crick is where tires and used appliances end up .

    All joking aside . I’d be pissed .

    BigWerm
    Participant
    SW Metro
    Posts: 9517
    #2204679

    Just because the farmer destroyed your creek doesn’t make it not a creek.

    That sounds like some fine Gov’t doublespeak, “we approved the farmers drain tile that destroyed the creek, but that doesn’t mean it’s no longer a creek and you are subject to all creek related laws related to the former creek” rotflol (no offense, just found it funny). I think it’s a creek when pronounced correctly, and a crick when it’s not, maybe try and see if there is a crick loophole to creek law.

    buckybadger
    Participant
    Upper Midwest
    Posts: 6714
    #2204699

    Farmers are given substantially more latitude than anyone else in situations like this. Drain tile changes everything in areas while pole buildings generally don’t. That pole building will take a near act of congress to build, while the drain tile will go in without a blink.

    …and that’s from someone who owns Ag land. It’s just the reality

    MX1825
    Participant
    Posts: 2711
    #2204748

    Be glad it is not 6 inches wide and considered “Navigational water”. doah

    B-man
    Participant
    Posts: 5112
    #2204766

    I know in Wisconsin farm drainage ditches are exempt from being classified as a wetland (when it comes to building code and set-backs).

    Might be worth digging into to see if MN has something similar.

    Eelpoutguy
    Participant
    Farmington, Outing
    Posts: 9516
    #2204767

    Here’s “The Creek”.
    You decide.

    Attachments:
    1. The-Creek-scaled.jpg

    gimruis
    Participant
    Plymouth, MN
    Posts: 13873
    #2204773

    Here’s “The Creek”.
    You decide.

    Definitely not a creek in my book, but unfortunately I don’t get to make those decisions EPG. I bet that sucker is bone dry by the 4th of July every year.

    Dan
    Participant
    Southeast MN
    Posts: 3370
    #2204778

    As I read through this thread I hope everyone is pronouncing that word “crick” like we do where I’m from jester

    MX1825
    Participant
    Posts: 2711
    #2204784

    EPG is that a pic of a trout stream? whistling

    Huntindave
    Participant
    Shell Rock Iowa
    Posts: 2931
    #2204786

    EPG is that a pic of a trout stream? whistling

    Definitely a trout stream, with naturally reproducing brook trout and also home to a rare protected specie of snail. Might even be home to a protected specie of minnow. Some one should order a three year study to be done.

    devil devil

    djshannon
    Participant
    Crosslake
    Posts: 518
    #2204791

    How about a little bobcat grading and a little grass seed, it will become a spring damp area in your yard. I don’t think you need a permit to level your yard…

    Charles
    Participant
    Posts: 1764
    #2204796

    LOL Wouldn’t a creek need some flowing water.

    mark-bruzek
    Participant
    Two Harbors, MN
    Posts: 3813
    #2204820

    In Two Harbors I had to deal with this.
    The term used was Classified waterway and Unclassified waterway.
    There will be a map at city hall or county office showing these.
    They may have different setbacks so know which you “have” on your land.

    My area also has special setbacks for “designated trout streams” even if it is not deep enough to hold fish and feeds into a trout stream it may be considered so…

    Kibble Geebig
    Participant
    Posts: 22
    #2204850

    Andy is correct….a creek is water that has minnows (or chubs) in it at least once in the year. It may dry up…usually spring fed

    10klakes
    Participant
    Posts: 250
    #2204903

    maybe my response will post one of these days..

    10klakes
    Participant
    Posts: 250
    #2204904

    Mn DNR would be involved if the water body in question was listed on the public waters inventory map. Otherwise they don’t have jurisdiction…from my understanding at least.
    Check this map out: https://arcgis.dnr.state.mn.us/gis/buffersviewer/

    It gets confusing- state, county, city and even watershed district can all have their own water rules. County Soil and Water guys are great resources, but sounds like in this case it’s a city issue, not state or county which they would be familiar with.

    10klakes
    Participant
    Posts: 250
    #2204906

    But ya that is for sure not a creek. Looks more like a tiny swale.

    Keep us updated, best of luck.

    FishBlood&RiverMud
    Participant
    Prescott
    Posts: 6689
    #2204911

    I pay flood insurance for a creek named “dry creek”

    rotflol

    Definitely has water in it though

    Eelpoutguy
    Participant
    Farmington, Outing
    Posts: 9516
    #2204918

    So The Soil and water guy gave me a GTG.
    I walked the permit into the city and the Planner gave me a GTG.
    He said drop the permit and we’ll get it processed the next day the Asst Planner said whoa. We additional info including what will the set back be from the Creek because you need to be 100′ from center line.

    Just spoke with DNR they said it is not under any DNR requirements and is not considered a creek/waterway/river/lake etc. by them.

    Called back the Planner, first thing I asked is why am I not talking to the Engineer and who is calling this a creek?
    I’ll be going in and talking to the Engineer next week.

    Game on MOFO’s…

    Bucky – I gotta C note says I’ll be storing my boat in that building this fall.

    ajw
    Participant
    Posts: 511
    #2204923

    I’d be asking for forgiveness not permission on a shed.

    Eelpoutguy
    Participant
    Farmington, Outing
    Posts: 9516
    #2204933

    I’d be asking for forgiveness not permission on a shed.

    Yeah – That’s not in my DNA and I ain’t going down without a fight plus I have an ace up my sleeve. I don’t want to disclose it yet in case someone from the City is an IDO’er but it’s a game changer.

    MX1825
    Participant
    Posts: 2711
    #2204959

    Down to the nitty gritty. How BIG is the shed gonna be? Need specifics for us IDO engineers.

    It’s not big enough I can tell already. whistling

    Eelpoutguy
    Participant
    Farmington, Outing
    Posts: 9516
    #2204963

    Down to the nitty gritty. How BIG is the shed gonna be? Need specifics for us IDO engineers.

    It’s not big enough I can tell already. whistling

    That’s funny right there

    Bearcat89
    Participant
    North branch, mn
    Posts: 16900
    #2204969

    <div class=”d4p-bbt-quote-title”>ajw wrote:</div>
    I’d be asking for forgiveness not permission on a shed.

    Yeah – That’s not in my DNA and I ain’t going down without a fight plus I have an ace up my sleeve. I don’t want to disclose it yet in case someone from the City is an IDO’er but it’s a game changer.

    I like that. I want to hear all about it. I need a few cards up my sleeves to battle the city clowns here in north branch.

    MX1825
    Participant
    Posts: 2711
    #2204978

    This hits our area also.
    An article in our little local weekly newspaper states that our County Board wants to make “setbacks and sight line distance rules tougher for the lot owner to meet the policy”. This is for residential buildings.
    It was stated our county rules are ALREADY more stringent than the State guidelines but they think they should be more difficult for someone to build! doah
    WTF???

    There was just a big article about housing shortage?? I wonder why.

    KPE
    Participant
    River Falls, WI
    Posts: 1449
    #2205014

    I’m with ajw. Build the shed, don’t bother asking for permission.

    Eelpoutguy
    Participant
    Farmington, Outing
    Posts: 9516
    #2245752

    BAM!!!

    Attachments:
    1. Pole-Shed-Jan-2024-scaled.jpg

Viewing 30 posts - 1 through 30 (of 44 total)

You must be logged in to reply to this topic.