PERMITS AND NOTIFICATIONS
4725.1810 PERMITS AND NOTIFICATIONS, GENERAL.
Subpart 1. Well on property of another. A person must not construct, or have
constructed, a well on another person’s property unless a written agreement exists
according to Minnesota Statutes, section 103I.205, subdivision 8. The well owner,
or other person identified in the agreement as being responsible for the well, has
the responsibilities, authorities, and obligations of the property owner specified in
this chapter.
Subp. 2. Delegated programs. A person constructing or sealing a well or boring
that is located within a political subdivision with a well and boring program
delegated under Minnesota Statutes, chapter 103I, must file a notification with, or
obtain a permit from, the delegated program prior to construction or sealing of a
well or boring regulated by the delegated program, except that a notification for
construction or sealing of a community public water-supply well must be filed with
the commissioner.
The portion of the law pertaining to delegated well programs is Minnesota Statutes, section 103I.111.
Subp. 3. Fees. Notification and permit fees must be paid in according to parts
4725.0350 and 4725.1836 and Minnesota Statutes, chapter 103I.
Fees are contained in Minnesota Statutes, section 103I.208. The current fees, effective July 1, 2009, are
listed following Minnesota Rules, part 4725.1836.
Minnesota Statutes, Chapter 103I was changed, effective July 1, 2009, so that federal, state, and local
governments are no longer exempt from payment of fees.
Subp. 4. Reporting measurements. Depths or heights reported on a permit or
notification must be measured from the established ground surface.
Valid casing depths measurements will be from the ground surface and not from the top of the casing
above ground.
Subp. 5. Hours of receipt, valid notification and permit. A notification is not
valid until the notification is received by the commissioner between the hours of
8:00 a.m. and 4:30 p.m., Monday through Friday, excluding holidays, except for
emergency notifications and permits according to part 4725.1838. A notification
received by facsimile after 4:30 p.m. is not valid until the next business day. A
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permit is not valid until the commissioner has approved the permit. A notification
or permit is not valid unless accompanied by the proper fee. Work regulated under
a notification or permit must not be done without a valid notification or permit.
Except for emergency out of water notifications, notification will only be accepted during normal
business days (Monday through Friday) during normal business hours (8 a.m. – 4:30 p.m.).
Subp. 6. Transfer of notification or permit. A permit or notification is not
transferable. Only the licensee or registrant who submits the notification, or the
licensee or registrant who was issued the permit, may construct or seal the well or
boring.
Notifications cannot be transferred from one license to another or from one property owner to another.
Subp. 7. Conversion. A well or boring must not be converted to another type of
well or boring unless;
A. a variance is granted according to part 4725.0410, or;
B. the well or boring was constructed by a contractor licensed or registered to
construct that type of well or boring, the well or boring complies with the
requirements of this chapter for that type of well or boring, and a new notification
or permit, and fee if required, is submitted to the commissioner.
Unless a variance is granted:
● An irrigation well cannot be converted to a domestic water-supply well unless it was constructed to
current domestic water-supply rules, e.g., 50 feet of grout in the annulus.
● An irrigation or a domestic water-supply well cannot be converted to a noncommunity water-supply
well unless it was constructed to meet current noncommunity water-supply rules, e.g., full length
grouting.
● An irrigation, domestic, or a noncommunity water-supply well cannot be converted to a community
water-supply well unless it was constructed to meet all of the current community water-supply well
rules.
● A monitoring well may not be converted to an environmental bore hole or a remedial well in order to
avoid an annual maintenance permit.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451; 103I.501; 103I.525; 103I.531; 103I.535; 103I.541; 103I.621
HIST: 33 SR 211
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4725.1820 NOTIFICATION FOR CONSTRUCTION OF WATER-SUPPLY
WELLS.
The owner of the property where a water-supply well is to be located, the
property owner's agent, a licensed well contractor, or for a drive-point watersupply well, a limited drive-point well or dug well/boring contractor must submit
notification of construction of the proposed water-supply well to the commissioner
according to this part. This part does not apply to the construction of monitoring
wells regulated by part 4725.1830; dewatering wells regulated by part 4725.1825;
or drive-point water-supply wells installed by the well owner on the owner's
property for residential or agricultural use regulated by part 4725.1849. This part
applies to water-supply wells, including wells constructed for the purpose of
testing water yields for irrigation, commercial use, residential supply, or a public
water system.
Notification is required before beginning construction of a water-supply well, regardless of the length of
time the well will be in use.
A delegated well program may require a notification or well construction permit. The contractor should
contact a representative of the delegated well program in which they are working.
SIGNATURE
The notification must have the signature of either the property owner (or property owner's agent, or well
owner if a written agreement exists) or the certified representative of the licensee. The signatures of both
are not required. The certified representative of the licensee is not required to wait for written verification
that the notification has been received. However, the notification is not valid until the signed notification
and the fee are received by the MDH. Notifications may be mailed, faxed, or hand-delivered.
WELL OWNER AND PROPERTY OWNER
If a person wants to construct or have a water-supply well constructed on property they do not own
(i.e., leased property), then a written agreement must exist between the well owner and the property
owner as specified in Minnesota Statutes, section 103I.205, subdivision 8. The written agreement must
specify which party, the well owner or property owner, is responsible for obtaining a permit or filing the
notification, paying applicable fees, and for sealing the well. The buyer of property on a contract for deed
(grantee) is considered the property owner for the purposes of this part and a signed statement from the
seller (grantor) is not required.
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SUBCONTRACTING
If a licensed contractor files a notification to construct a well and chooses to subcontract the construction
of the well to another licensed contractor, the contractor who filed the notification for the well is the
contractor responsible for the well. If a well constructed by a subcontractor does not satisfy the
requirements of the rules, corrective actions are the responsibility of the licensed contractor who filed the
notification. The subcontractor may also face certification, license, or other legal penalties for knowingly
violating a law or rule.
DRIVE-POINT WELL NOTIFICATION
The well-owner constructed drive-point well notification requirements are found in Minnesota Statutes,
section 103I.205, subdivision 1, paragraph (d), and Minnesota Rules, part 4725.1849.
TEST HOLES AND UNSUCCESSFUL WELLS
“Test holes” for irrigation or other water supply purposes that are pumped require notifications and fees.
“Test holes” drilled only to measure a water level or take soil samples that are not pumped or tested for
water quality are environmental bore holes and do not require notification or a fee.
A new notification and fee is not required for an unsuccessful well if the new well depth and construction
are similar to the original notification, and the work is completed within 18 months of the original
notification submission.
FEES
For current fees see Minnesota Statutes, section 103I.208. The fee schedule effective July 1, 2009, is
listed following Minnesota Rules, part 4725.1836.
A. A well must not be constructed, deepened through a confining layer, or have
casing installed or removed below the frost line until notification is made to the
commissioner.
If a water-supply well has been constructed and a well construction record submitted, a new notification
is required if the well is deepened through a confining layer or casing is added or removed below the
frost line.
The notification must be received by the St. Paul office of the MDH Well Management Section prior to
well construction or reconstruction.
Installation or repair of a pitless unit or adapter does not require a notification; however, delegated well
programs may require a permit. See Minnesota Rules, parts 4725.2750, 4725.3750, and 4725.5550, for
additional information regarding the repair of wells and borings.
Remedial wells (a type of water-supply well) constructed on a federal superfund site (CERCLA) are not
required to file notifications or pay fees. The wells must comply with all other requirements of the statute
and rule.
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Conversion of an existing above-grade remedial well to an at-grade well does not require a notification or
fee. Submission of an amended well construction record with a scaled map of the well location is
recommended.
B. Notification must be made on a form provided by the commissioner, or in a
format approved by the commissioner. The notification must be legible,
accompanied by the required fee, and signed by the certified representative of the
licensee or the owner of the property where the well is located, or the property
owner's agent.
Contact our St. Paul office for format approval prior to use.
C. A notification must be completed for each well.
D. The notification must include the following information for each well:
(1) the name and license number of the licensed contractor;
(2) the name, address, and telephone number of the well owner, and property
owner if different; and
(3) the township number, range number, section and one quartile, and the
property street address if assigned, of the proposed well location.
The address of the well location property is required when one has been assigned.
E. A new notification must be filed with the commissioner if:
(1) a licensed contractor other than the one listed on the original notification
constructs the well; or
The notification fee for a water-supply well as listed in Minnesota Statutes, section 103I.208, and in the
fee schedule effective July 1, 2009, is listed following Minnesota Rules, part 4725.1836
When a well owner pays the fee and files the notification and then decides to hire a different contractor
than the one listed on the notification, the owner or new contractor must submit a new notification with a
new unique well number and a short note explaining the change. The previous unique well number should
be included with the note explaining the driller change. No new fee is required with the “change of
contractor” notification unless the original notification has expired or no fee was paid with the original
notification. The new notification must be received by the MDH Well Management Section prior to
starting well construction.
The contractor who submitted the original notification should contact the MDH Well Management
Section to cancel the unused unique well number. This unused unique well number cannot be reassigned
to another well. The unused well record and label should be destroyed by the contractor.
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(2) the well is completed on property other than that listed on the original
notification. A new fee is not required for a new notification filed under this item.
F. The notification is valid for 18 months from the date it is filed.
Notification (and permit) fees are nonrefundable. One exception has been made for water-supply well
notifications. A refund will be made to whoever paid a notification when a water-supply well is not
drilled and when the refund request is made in writing within 18 months of the initial construction
notification. Refunds will not be made if any drilling has taken place (including drilling a dry hole) or if
the refund is requested after the 18 month period. Refunds will be made only for water-supply well
notifications; not for other types of wells or borings, or for other fees. If a notification fee is paid by a
well contractor and the property owner hires another contractor to drill the well, the notification fee may
not be transferred.
Water-supply wells must be constructed in accordance with the general requirements of Minnesota Rules,
parts 4725.2010 through 4725.3875 and the specific water-supply well requirements of Minnesota Rules,
parts 4725.4050 through 4725.6050.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451; 103I.501; 103I.525; 103I.531; 103I.535; 103I.541; 103I.621; 144.05;
144.12; 144.112; 144.383; 156A.01 to 156A.08; 157.04; 157.08; 157.09; 157.13
HIST: 15 SR 78; 17 SR 2773; 33 SR 211
4725.1825 DEWATERING WELL CONSTRUCTION NOTIFICATION.
This part applies to all dewatering wells as defined in part 4725.0100, subpart
24f, including drive-point wells used for dewatering.
As of July 1, 2009, the notification fee for each dewatering well is $215 except that a project of five or
more wells is assessed a fee of $1075 (See Minnesota Statutes, 103I.208 for future fee changes).
Maintenance permits are still required for dewatering wells not sealed 14 months after construction.
The dewatering well notification process and requirements are the same as those for water-supply wells
listed under Minnesota Rules, part 4725.1820. The notification form and fee must be submitted prior to
construction.
The definition of “dewatering well” is located in Minnesota Rules, part 4725.0100, subpart 24f. Wells
used to “dewater” for control or removal of groundwater contamination are remedial wells, not
dewatering wells.
A. A dewatering well must not be constructed, deepened through a confining
layer, have casing installed or removed below the frost line, or completed as an atgrade well until a notification has been made to the commissioner by a dewatering
well contractor or well contractor.
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B. The dewatering well contractor or well contractor must submit to the
commissioner a dewatering well construction notification on a form provided by
the commissioner, or in a format approved by the commissioner. The notification
must be legible and signed by the dewatering well contractor or well contractor.
The language in “B” was added in the amendments of 2008 to allow for alternative submission of
notifications, in particular, electronic or internet submission, when the technology, format, security and
other issues are resolved.
C. A construction notification must be completed for each dewatering well or
dewatering well project including any wells deepened through a confining layer,
having casing installed or removed below the frost line, or converted to an
at-grade well. The notification must indicate whether the dewatering well, or
dewatering well project will affect wells used for potable purposes, and if so, what
measures will be taken to provide potable water to persons adversely affected by
the dewatering.
D. The construction notification must include the following information for
each well:
(1) the name and license number of the dewatering well contractor or well
contractor;
(2) the name and address of the dewatering well owner, and property owner if
different; and
(3) the township number, range number, section and one quartile, and the
property street address if assigned, of the proposed dewatering well location.
The address of the well location property is required when one has been assigned.
E. Construction notifications are not transferable. Only the licensee who
submitted the notification is authorized to construct the dewatering well or wells.
F. The construction notification is valid for 18 months from the date issued.
Dewatering wells must be constructed in accordance with the general requirements of Minnesota Rules,
parts 4725.2010 through 4725.3875 and the specific requirements of Minnesota Rules, part 4725.6150.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451; 103I.501; 103I.525; 103I.531; 103I.535; 103I.541; 103I.621; 144.05;
144.12; 144.122; 144.383; 157.04; 157.08; 157.09; 157.13
HIST: 15 SR 78; 15 SR 1474; 17 SR 2773; 18 SR 1222; 33 SR 211
4725.1830 MONITORING WELL CONSTRUCTION PERMIT.
This part applies to all monitoring wells, including drive-point wells used as
monitoring wells.
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PERMIT EXCEPTIONS
A permit is required to construct a monitoring well, with a few exceptions. Monitoring wells on Native
American or federal military reservations are exempt from all regulatory control, including permitting,
licensing, and construction requirements. Temporary monitoring wells sealed within 72 hours of
construction, and monitoring wells constructed on federal superfund (CERCLA) sites for the remediation
phase are exempt from the permit and permit fee, but must comply will all other requirements of the rule
and law.
Additional information is found in the comments after Minnesota Rules, part 4725.0200, subpart 1, and
below in Item C (2) of this rule part.
CONVERSION
A permit application must be submitted to the MDH and approved prior to construction of a monitoring
well. Environmental bore holes may be drilled without notification or permit. Monitoring wells typically
present a greater potential for groundwater impacts. Therefore, plan review and inspection are more
necessary. As a result, the MDH will generally not allow conversion of a piezometer or other
environmental bore hole to a monitoring well. However, in some cases, conversion may be allowed after
submission of a permit application and fee and review of well construction. Once a permit has been
obtained for a monitoring well and the well has been constructed, conversion to an environmental bore
hole or other use will not be allowed.
A. A monitoring well must not be constructed, deepened through a confining
layer, have casing installed or removed below the frost line, or be converted to an
at-grade well until a permit has been issued by the commissioner to the monitoring
well contractor, well contractor, or to a limited well screen and pitless adapter and
pitless unit contractor for modification to an at-grade well.
The monitoring well permit is issued to the monitoring well contractor or well contractor, not to the
property owner or consultant.
If a monitoring well has been constructed and a well construction record submitted, a new permit is
required if the well is deepened through a confining layer or if casing is added or removed below the frost
line.
B. A well contractor or monitoring well contractor must submit to the
commissioner a permit application on a form provided by the commissioner, or in
a format approved by the commissioner. The application must be legible and
signed by the monitoring well contractor or well contractor and the property
owner or agent.
The language in “B” about formats approved by the commissioner of health was added to allow for
alternative submission of permits, in particular electronic or internet submission, when the technology,
format, security, and other issues are resolved. Contact the St. Paul office of the MDH Well Management
Section at 651-201-4600 for information.
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Permit forms are available at all MDH Well Management Section district offices, delegated well program
offices, or by calling the MDH Well Management Section, St. Paul office.
C. A permit application must be completed for each monitoring well.
One permit application form may be used to list all wells to be drilled for a project. The permit
application must be submitted and approved before construction begins. Subsequent monitoring wells
constructed on the same site should list the same permit number. Each well must be assigned a different
Minnesota unique well and boring number.
The MDH may grant verbal approval to construct additional monitoring wells on a site for which a permit
has been approved, if the contractor is on-site and determines that additional wells are necessary. The
contractor must contact the St. Paul office of the MDH Well Management Section and fax a copy of an
amended permit. The fees and written permit amendment must be submitted to the MDH within five
working days.
(1) For monitoring wells used as leak detection devices at a single petroleum
bulk storage site excluding tank farms, a single agricultural chemical facility site,
or a single motor fuel retail outlet, a single permit application may be completed
for all wells on a site drilled under a single contract. A site consists of a single
continuous piece of property on which the petroleum bulk storage facility or motor
fuel retail outlet is located. The site does not include other properties on which
monitoring wells are constructed to evaluate a spill or leak associated with the
petroleum facility. All proposed monitoring wells on a site must be listed on the
permit.
Former gas station sites, even if the sites are now used for another purpose, are considered to be “motor
fuel retail outlets.” The definition of “motor fuel retail outlet” is found after the definition of
“monitoring well” in Minnesota Rules, part 4725.0100, subpart 30m. The definition of “petroleum bulk
storage site” is found in Minnesota Rules, part 4725.0100, subpart 31a.
Additional monitoring wells drilled off-site require a separate permit application and fee as specified in
rule.
(2) A construction permit is not required for a temporary monitoring well if
the monitoring well is sealed within 72 hours of the time construction on the well
begins. A sealing notification is required prior to sealing in accordance with part
4725.1832.
This “temporary well” provision is designed to accommodate methods for rapid and flexible site
assessment such as the various push probe technologies, as well as hollow stem auger, and conventional
rotary and cable tool methods. It does not apply to wells designed for permanent installation. Temporary
wells installed under this provision (without a permit) cannot be converted to permanent wells.
Obtaining a groundwater sample through a push probe, hollow stem auger, etc., constitutes the legal
definition of a “monitoring well.” However, a permit is not needed to collect groundwater samples by
such methods provided the bore hole is sealed within 72 hours after construction begins. The 72-hour
period begins when excavation of the earth starts, and ends when the well is permanently sealed.
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Temporary monitoring wells are exempt only from permit requirements; all other requirements apply
including those pertaining to licensing, drilling machine registration, electric line and gas pipe separation,
sealing notification, sealing methods, and sealing reports.
The flow chart following Minnesota Rules, part 4725.1842 summarizes when a permit is required and
when a sealing report is required.
D. A permit application for a monitoring well owned by a person other than the
property owner must include a copy of a written agreement meeting the
requirements of Minnesota Statutes, section 103I.205, subdivision 8.
A site access agreement alone is not sufficient. One of the following is required: (1) a written agreement,
signed by both the well owner and the property owner, that identifies which party will be responsible for
obtaining maintenance permits and for sealing the well; or (2) if the property owner refuses to sign the
agreement (but still allows the well to be installed), the well owner may, in lieu of a written agreement,
state in writing that the well owner will be responsible for obtaining the maintenance permits and sealing
the well. A copy of the written agreement must be submitted with the permit application.
E. The permit application must include the following information for each well:
(1) the name and registration number of the monitoring well contractor or
license number of the well contractor or limited well/boring contractor;
(2) the name and address of the monitoring well owner, and property owner, if
different;
(3) the township number, range number, section and one quartile, and the
property street address if assigned, of the proposed monitoring well location; and
(4) the anticipated well depth.
F. Permit applications for monitoring wells constructed through a confining
layer or into bedrock must include the following information for each well in
addition to that required in item E:
(1) the diameter of the well;
(2) the drilling method;
(3) the casing materials;
(4) the materials and methods used to grout the well; and
(5) a cross-sectional diagram of the well.
G. Permit applications for at-grade wells must include the following
information for each well in addition to that required in item E:
At-grade wells are allowed only on a roadway, sidewalk, driveway, or a parking area to accommodate
vehicular or pedestrian traffic; they are not allowed in landscaped areas for aesthetic reasons. Every effort
should be made to terminate the casing above grade. At-grade casings are not allowed on nonvehicular
areas such as boulevards or other “green” areas. Termination “at-grade” means that the top of the casing
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is flush with the surrounding grade adjacent to the pad. A concrete pad with approved vault must be
installed so that the vault cover is at least 2 inches above the surrounding grade and the concrete pad or
apron slopes away from the casing in all directions to prevent surface contaminants from washing into the
casing. Additional information is found in Minnesota Rules, part 4725.6850.
(1) an explanation of why the well casing cannot terminate 12 inches above
the established ground surface;
(2 a cross-sectional diagram of the well cap and vault or manhole.
A list of vaults and manholes which meet the at-grade standards is included in the appendix.
An at-grade diagram is included in Minnesota Rules, part 4725.6850
H. The permit is valid for 18 months from the date issued.
Monitoring well permits are issued to the monitoring well contractor or well contractor (not limited
contractors), and are not transferable. If the contractor to whom the permit is issued will not be installing
the well and another contractor will be, a new permit application is required. If the property owner (or
well owner if a written agreement exists) paid the permit fee (as opposed to it being paid by the contractor
or a consultant), the owner may cancel the invalid permit and apply for a new permit with the new
contractor's name. If the permit fee was paid by anyone other than the property owner, a new permit
application and fee are required. In all cases, permit fees are not refundable.
The property owner is responsible for paying the fee unless a written agreement states otherwise.
As of July 1, 2009, the construction permit fee for each monitoring well is $215 except in the case of
motor fuel retail outlets, agricultural chemical facilities, and petroleum bulk storage sites which are
$215 per site, regardless of the number of monitoring wells (See Minnesota Statutes, section 103I.208 for
future fee changes). A “site” is one continuous piece of property. Each off-site monitoring well requires a
separate permit and fee. Remedial wells at petroleum sites are not monitoring wells. Remedial wells
require a separate notification and fee.
Monitoring wells must be constructed in accordance with the general standards of Minnesota Rules,
parts 4725.2010 through 4725.3875 and the specific standards of Minnesota Rules, parts 4725.6450
through 4725.6850.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451; 103I.501; 103I.525; 103I.531; 103I.535; 103I.541; 103I.621; 144.05;
144.12; 144.122; 144.383; 157.04; 157.08; 157.09; 157.13
HIST: 15 SR 78; 17 SR 2773; 19 SR 1222; 33 SR 211
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4725.1831 GROUNDWATER THERMAL EXCHANGE DEVICE PERMITS.
This part applies to the construction of a groundwater thermal exchange device
(heat pump) with reinjection to an aquifer.
A groundwater thermal exchange device as defined in Minnesota Statutes, section 103I.005,
subdivision 11, means “a heating or cooling device that depends on extraction and reinjection of
groundwater from an independent aquifer to operate.”
A groundwater thermal exchange device, often referred to as a “groundwater heat pump,” is a system
where water is removed from a well, heat is extracted or added to the water, and the water is injected into
a well. Typical systems include a withdrawal well, a heat pump, and an injection well. However, one
well, a so-called “standing column” well, may be used for both withdrawal and injection.
This part does not apply to vertical heat exchangers (heat loops) which are referenced in Minnesota
Rules, part 4725.1833. The groundwater thermal exchange device permit also does not apply to wells
used to supply water to a groundwater heat pump which discharges to the shallow subsurface, or a lake,
river, stream, or ditch – so called “pump & dump” systems. However, a well notification is required to
construct a withdrawal well for these “pump and dump” systems. Surface or shallow subsurface disposal
may require a NPDES permit from the MPCA. Surface or shallow subsurface disposal may also be
regulated by local governments.
Groundwater thermal exchange systems (or any other well) withdrawing more than 10,000 gallons per
day (e.g., 6.9 g.p.m. continuous operation for 24 hours) or 1 million gallons per year (e.g., 1.9 g.p.m.
continuous operation for 365 days) require an appropriations permit from the DNR.
The appendix contains background information on geothermal systems including groundwater thermal
exchange devices.
A. A groundwater thermal exchange device with reinjection to an aquifer must
not be constructed until a permit has been issued by the commissioner to the
property owner.
Permit application forms are available at MDH Well Management Section offices. The permit application
must be submitted to the St. Paul office of the MDH Well Management Section.
Minnesota statutes allow a maximum of 200 permits to be issued statewide for small systems having
maximum capacities of 20 gallons per minute or less. These are subject to inspection twice a year. A
maximum of ten permits may be issued for larger systems having maximum capacities from 20 to
50 gallons per minute. These are subject to inspection four times a year. Larger systems may be allowed
under a variance.
B. The property owner or the property owner's agent must submit to the
commissioner a permit application on a form provided by the commissioner, or in
a format approved by the commissioner. The application must be legible, and must
contain:
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(1) the name, license number, and signature of the well contractor
constructing the wells;
(2) the name, address, and signature of the owner of the property on which the
device will be installed;
(3) the township number, range number, section, and one quartile, and the
property street address if assigned of the proposed device location;
(4) a description of existing wells and any wells proposed to be constructed
including the unique well numbers, locations, well depth, diameters of bore holes
and casing, depth of casing, grouting methods and materials, and dates of
construction;
Groundwater thermal exchange device systems may use existing wells, or construct new wells. If existing
wells are used, the construction of the wells must meet the standards of these rules. Well records or
construction reports must be submitted for all wells.
(5) a description of the heat pump unit including the manufacturer's name,
model number, maximum water flow rate in gallons per minute, name of proposed
installer, and proposed installation date;
(6) water withdrawal information, pumping schedule with rates in gallons per
minute, times and duration, and the total amount of water to be injected into the
aquifer;
(7) the specifications for piping including the materials to be used for piping,
the flow control valve setting, the provisions for pressure testing the system, and
the provisions for disinfection of the completed system; and
(8) a diagram of the proposed piping system.
C. The diagram must show that the proposed piping system includes:
(1) a 15 psi pressure valve at the discharge well;
(2) a solenoid valve on the discharge side of heat pump unit;
(3) a pressure gauge in-line between the pressure valve and solenoid valve;
(4) a device to provide automatic shutdown of the system if the discharge line
pressure is below 15 psi;
(5) an in-line thermometer in the heat pump inlet and outlet lines;
(6) a check valve in-line from the supply well;
(7) unthreaded taps and shutoff valves in the supply and discharge lines;
(8) a filter in the discharge line from the heat pump;
(9) a flow control valve and flow meter in the supply line;
(10) air release valves; and
(11) any other devices to be installed such as pressure tanks or isolation
valves.
D. The system must comply with chapter 4715.
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E. The groundwater thermal exchange device must be constructed within 18
months of the date the permit is issued.
The permit is to construct and operate the injection system. The permit does not have to be renewed in
order to operate past 18 months. The permit is in addition to notifications for construction of new wells.
Minnesota Rules, Chapter 4715, is the Minnesota Plumbing Code.
The required permit fee is $215 and must be paid by the property owner as stated in Minnesota Rules,
part 4725.0350. This permit fee is in addition to the $215 notification fee for each well constructed (See
Minnesota Statutes, section 103I.208 for future fee changes).
If a groundwater thermal exchange system will be used for both heating/cooling and for the domestic
potable water supply, then the domestic water supply must be protected by either an air gap or one of the
following types of backflow prevention devices: (1) Double-Check Valve with Intermediate Atmospheric
Vent (DCVIAV), (2) Reduced Pressure Zone Backflow Preventer (RPZ), or (3) Double-Check Valve
Assembly (DCVA).
For other installation and construction requirements refer to Minnesota Statutes, section 103I.621.
Well construction must follow the general standards of the rules in Minnesota Rules, parts 4725.2010
through 4725.3875 and the water-supply well standards of Minnesota Rules, parts 4725.4050 through
4725.5850.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451; 103I.501; 103I.525; 103I.531; 103I.535; 103I.541; 103I.621; 144.05;
144.12; 144.122; 144.383; 157.04; 157.08; 157.09; 157.13
HIST: 17 SR 2773; 18 SR 1222; 33 SR 211
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4725.1832 NOTIFICATION FOR WELL SEALING.
This part applies to the sealing of wells, including water supply, remedial,
monitoring, temporary monitoring, and dewatering wells, as provided by
Minnesota Statutes, sections 103I.231, 103I.301, and 103I.315. This part does not
apply to the sealing of borings.
This part applies to the sealing of all wells, including water supply, dewatering, and monitoring, including
72-hour “temporary” monitoring wells. This part does not apply to the sealing of borings.
WHO MAY SEAL WELLS
● A well contractor may seal any well.
● A well sealing contractor may seal any well.
● A monitoring well contractor may seal a monitoring well.
● A dewatering well contractor may seal a dewatering well.
● A limited drive-point and dug well contractor may seal a drive-point or dug well.
WHO MAY SEAL BORINGS
● A well contractor may seal any boring.
● A well sealing contractor may seal any boring.
● A monitoring well contractor may seal an environmental bore hole.
● An elevator contractor may seal an elevator boring.
● A vertical heat exchanger contractor may seal a vertical heat exchanger.
A. A well must not be sealed until the owner of the property where the well is
located, the owner's agent, or a licensee or registrant submits notification of
proposed sealing of the well to the commissioner. Notification must be on a form
provided by the commissioner, or in a format approved by the commissioner. The
notification must be legible and must include the following information for each
well:
Contact the St. Paul office of the MDH Well Management Section for format approval prior to use
Notification must be made to the St. Paul office of the MDH Well Management Section prior to starting
well sealing. Well sealing includes removal of a pump from a well prior to sealing. A $50 sealing
notification fee is required. Delegated well programs may require a permit instead of notification and may
charge a different fee.
(1) the name and licensee number or registrant number;
(2) the name, address, and telephone number of the well owner, and property
owner if different;
(3) the township number, range number, section and one quartile, and the
property street address if assigned; and
(4) identification of a multiple cased well with an inside casing 8 inches or
larger in diameter.
B. A new notification must be filed with the commissioner if a licensee or
registrant other than the one listed on the original notification seals the well.
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C. The notification is valid for 18 months from the date filed.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451; 103I.501; 103I.525; 103I.531; 103I.535; 103I.541; 103I.621; 144.05;
144.12; 144.383; 157.04; 157.08; 157.09; 157.13
HIST: 17 SR 2773; 33 SR 211
4725.1833 VERTICAL HEAT EXCHANGER CONSTRUCTION PERMITS.
This part applies to the construction of vertical heat exchangers.
A “vertical heat exchanger” as defined in Minnesota Statutes, section 103I.005, subdivision 20, means
“an earth-coupled heating or cooling device consisting of a sealed piping system installed vertically in the
ground to transfer heat to or from the surrounding earth.” Vertical heat exchangers are often referred to as
vertical loops, heat loops, or earth loops.
A vertical heat exchanger consists of “U”-shaped piping installed in a drilled hole connected to a heat
pump. A heat-transfer fluid is pumped through the loop which removes or adds heat to the ground in
order to heat or cool, usually a building.
“Heat loops” installed horizontally in trenches are not regulated under this rule. However, there are
minimum isolation distances established between a water-supply well and a heat loop that contains a heat
transfer fluid that is a pollutant or contaminant.
A. A vertical heat exchanger must not be constructed, or have piping installed
or removed below the frost line, until a permit has been issued by the
commissioner to the well contractor or limited well/boring contractor licensed to
construct vertical heat exchangers.
Only a licensed well contractor or vertical heat exchanger contractor may obtain a permit and drill the
holes for a vertical heat exchanger.
A new permit is required for repair of a loop below the frost line, construction of additional loops on an
existing system, or construction of any new separate systems added to an existing system after receipt of
the construction report. A permit is not required to do normal maintenance such as repair of the vertical
heat exchanger piping above the frost line or repair of the circulation pump, heat exchanger, or horizontal
piping.
B. The well contractor or vertical heat exchanger contractor must submit to the
commissioner a vertical heat exchanger permit application on a form provided by
the commissioner. The application must be legible and signed by the well
contractor or vertical heat exchanger contractor and the property owner or
property owner's agent.
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C. A permit application must be completed for each vertical heat exchanger and
must include:
(1) the name and license number of the well contractor or vertical heat
exchanger contractor;
(2) the name and address of the owner of the property on which the vertical
heat exchanger will be installed;
(3) the township number, range number, section and one quartile, and the
property street address if assigned, of the proposed vertical heat exchanger;
(4) a plan diagram showing the location of the vertical heat exchanger
borings, property lines, and structures on the property;
(5) the geological materials expected to be encountered by the borings;
(6) the number, diameter, and depth of all bore holes drilled to install the
vertical heat exchanger piping;
(7) the grout materials and grouting method;
(8) the type of heat transfer fluid to be used; and
(9) the system operating pressure.
D. the vertical heat exchanger must be constructed within 18 months of the date
the permit is issued.
Prior to constructing a vertical heat exchanger, a permit must first be obtained from the commissioner of
health. When applying for a permit, an application must be submitted containing all the required
information listed above.
The vertical heat exchanger permit fees payable by the property owner are:
● $215 for systems less than 10 tons;
● $425 for systems from 10 to 50 tons; and
● $650 for systems over 50 tons is $650.
The permit application must be sent to the St. Paul office of the MDH Well Management Section (See
Minnesota Statutes, section, 103I.208 for future fee changes).
Vertical heat exchanger general construction requirements are found in Minnesota Rules,
parts 4725.2010 through 4725.3875, and specific additional requirements are found in Minnesota Rules,
part 4725.7050.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451; 103I.501; 103I.525; 103I.531; 103I.535; 103I.541; 103I.621; 144.05;
144.12; 144.122; 144.383; 157.04; 157.08; 157.09; 157.13
HIST: 17 SR 2773; 18 SR 1222; 25 SR 1207; 33 SR 211
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4725.1835 ELEVATOR BORING CONSTRUCTION PERMITS.
This part applies to an excavation or hole for installation of an elevator boring.
A. An elevator boring must not be constructed until a permit has been issued by
the commissioner to the elevator boring contractor or well contractor.
A permit is required to excavate a hole in the ground (elevator boring), sometimes referred to as a “jack
hole,” for the purpose of installing an elevator hydraulic cylinder. A permit is not required from the MDH
for “holeless” or “limited-access” hydraulic elevators if the depth of the excavation including the pit and
jack hole is less than 10 feet below the lowest landing of the elevator. A permit is also not required from
the MDH for cable-type elevators.
B. An elevator boring contractor or well contractor must submit to the
commissioner an elevator boring permit application on a form provided by the
commissioner, or in a format approved by the commissioner. The application must
be legible and signed by the elevator boring contractor or well contractor.
C. The permit must include the following information for each elevator boring:
(1) the name and license number of the elevator boring contractor or well
contractor;
(2) the name and address of the elevator boring owner, and property owner if
different;
(3) the township number, range number, section and one quartile, and the
property street address if assigned, of the proposed boring location; and
(4) the anticipated depth of the elevator boring.
D. Permit applications for elevator borings constructed through a confining
layer must include the following information in addition to that required in item C:
(1) the diameter of the boring;
(2) the drilling method;
(3) the casing materials;
(4) the materials and methods used to grout the boring; and
(5) a cross-sectional diagram of the boring.
E. The permit is valid for 18 months from the date issued.
A person may not construct an elevator boring unless the person possesses an elevator boring contractor's
license or a well contractor's license issued by the commissioner of health.
The elevator boring permit fee is $215. The fees are established, and changed, in Minnesota Statutes,
section 103I.208. The permit application must be sent to the St. Paul office of the MDH Well
Management Section.
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The elevator boring permit preempts local permits except for local building permits. This means that
local governments cannot require a permit to drill a jack hole, but they may require a building permit or
other permit for the elevator. Minnesota Statutes, section 103I.401, and this rule part establish the
requirements for a permit.
Construction requirements are found in Minnesota Rules, parts 4725.2010 through 4725.3875 and
specific additional requirements for elevator borings are found in Minnesota Rules, part 4725.7250.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451; 103I.501; 103I.525; 103I.531; 103I.535; 103I.541; 103I.621; 144.05;
144.12; 144.122; 144.383; 157.04; 157.08; 157.09; 157.13
HIST: 15 SR 78; 17 SR 2773; 18 SR 1222; 33 SR 211
4725.1836 NOTIFICATION AND PERMIT FEES.
The fees specified in Minnesota Statutes, chapter 103I, must accompany all
notifications and permit applications. Notification or permit fees may be paid
electronically and the permit requests or notifications may be submitted by
facsimile. A notification or permit is not valid if payment by check is returned for
nonsufficient funds, or electronic payment is refused by the financial institution.
Notification and permit application fees shall not be refunded, except that a watersupply well notification fee may be refunded to the person who paid the fee if
drilling has not taken place, and a written request for refund is received by the
commissioner within 18 months of receipt of the fee.
Construction and sealing notifications, and permits may be submitted by FAX. Payment may be made by
a credit card whether faxed or submitted by mail or in person. Other fees, such as maintenance permits;
license, registration, or certification application fees; or variance fees may not be paid by credit card.
The only fee that may be refunded is for water-supply well notifications where drilling has not taken
place. A refund will be made to whoever paid a notification when a water-supply well is not drilled and
when the refund request is made in writing within 18 months of the initial construction notification.
Refunds will not be made if any drilling has taken place (including drilling a dry hole), or if the refund is
requested after the 18 month period. Refunds will be made only for water-supply well notifications; not
for other types of wells or borings, or for other fees. If a notification fee is paid by a well contractor and
the property owner hires another contractor to drill the well, the notification fee may not be transferred.
The contractor must request a refund.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451; 103I.501; 103I.525; 103I.531; 103I.535; 103I.541; 103I.621; 144.05;
144.12; 144.122; 144.383; 157.04; 157.08; 157.09; 157.13
HIST: 15 SR 78; 17 SR 2773; 18 SR 1222; 33 SR 211
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CONSTRUCTION, SEALING, AND MAINTENANCE FEE SUMMARY
January 5, 2010
WELL CONSTRUCTION NOTIFICATION
$215 Water-Supply Well Construction Notification
$215 Dewatering Well Construction Notification
$1075 Dewatering Well Project Construction Notification (more than five wells on a site)
WELL SEALING NOTIFICATION
$50
Water-Supply, Monitoring, or Dewatering Well Sealing
$50
Temporary Monitoring Well Site
CONSTRUCTION PERMIT
$215 Monitoring Well Construction Permit
$215 Monitoring Well Construction Permit for motor fuel retail outlet, agricultural chemical facility
site, or petroleum bulk storage site regardless of the number of wells constructed at the site
$215 Groundwater Thermal Exchange Device Permit (in addition to the well notification fee)
$215 Vertical Heat Exchanger Permit, less than 10 tons
$425 Vertical Heat Exchanger Permit, 10 to 50 tons
$650 Vertical Heat Exchanger Permit, greater than 50 tons
$215 Elevator Boring
MAINTENANCE PERMIT (Annual Fee)
$175 Water-Supply Well Maintenance Permit for a well that is not in use
$175 Monitoring Well Maintenance Permit for a well that is not sealed 14 months after construction.
(Government owned monitoring well is $50)
$175 Monitoring Well Maintenance Permit for unsealed monitoring wells 14 months after construction
at a fuel outlet or bulk storage site regardless of the number of wells
$175 Dewatering Well Maintenance Permit for a well that is unsealed 14 months after construction
$875 Dewatering Well Maintenance Permit for more than five unsealed wells on a site 14 months after
construction
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4725.1837 EXCEPTION TO NOTIFICATION AND PERMIT
REQUIREMENTS.
A permit or notification is not required for installation of a pump, pumping
equipment, pitless unit, pitless adapter, screen, or the repair of an existing well or
boring if the repair does not involve deepening the well or boring through a
confining layer or having casing installed or removed below the frost line.
A notification or permit is not needed to install or repair a pitless unit or adapter, install or repair a pump,
or install or repair a screen. A notification or permit is also not needed to extend casing above the frost
line, such as to install a pitless or extend a casing where the grade has been raised. However, delegated
well programs may require a permit for this work.
Deepening an existing well or boring through a confining layer, changing a well to at-grade, installing an
inner or outer casing below the frost line, or removing and then replacing any casing below the frost line
require a notification or permit.
STAT AUTH: MS s 103I.101; 103I.221; 103I.301; 103I.621; 144.05; 144.12;
144.383; 157.04; 157.08; 157.09; 157.13
HIST: 15 SR 78; 17 SR 2773; 33 SR 211
4725.1838 EMERGENCY NOTIFICATIONS AND PERMITS.
Notifications and applications for permits may be verbally reported under
emergency conditions for construction of water-supply wells, elevator borings,
monitoring wells, and dewatering wells, except for monitoring wells and
dewatering wells constructed through a confining layer and for at-grade
monitoring wells Emergency conditions are exceptional circumstances where a
delay in starting construction poses an immediate and significant danger to health
or safety and there is no time for prior notification or obtaining the required
permit.
Emergency notifications and permits must be reported to the St. Paul office of the MDH Well
Management Section prior to construction. A voice mail message should be left (651-201-4600) if the
emergency occurs after business hours.
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Exceptional circumstances include, but are not limited to, cases where well
failure will leave livestock or persons without drinking water, where inaction
presents an imminent threat to contamination of the well, boring, or groundwater,
where delay will result in collapse or damage to the well or boring, where delay
will result in the endangerment of health or safety such as in an unstable
excavation, or where such construction is court ordered.
Scheduling problems, home “closings,” road-weight limit restrictions, and “economic opportunities” do
not constitute emergencies.
A. If emergency conditions affecting construction of a water-supply well, or
dewatering well occur during normal business hours, the property owner, the
property owner's agent or a licensed contractor may verbally provide to an
authorized representative of the commissioner the information required for
notification under part 4725.1820 or 4725.1825. If emergency conditions affecting
construction of a monitoring well, or elevator boring occur during normal
business hours, the contractor may verbally provide the information required for
permits under part 4725.1830 or 4725.1835, whichever is applicable, to an
authorized representative of the commissioner.
An authorized representative of the commissioner means an employee of the MDH Well Management
Section.
B. If emergency conditions occur after business hours or on a nonbusiness day,
construction of a water-supply well, monitoring well, or dewatering well, or
elevator boring may begin if the property owner, property owner’s agent, or
contractor, as required in item A, telephones the Minnesota Department of Health
and leaves a message on the answering service reporting the applicable
information required in part 4725.1820, 4725.1825, 4725.1830, or 4725.1835.
C. A written notification or written permit application and the applicable fees
must be received by the commissioner within five working days after emergency
notification of the start of construction of a water-supply well or dewatering well,
or within five working days after the start of construction under an emergency
permit for a monitoring well or elevator boring. The property owner, the property
owner's agent, or a licensed or registered contractor is responsible for submitting
a written notification or permit and fee.
D. The emergency notification or permit shall be void if construction is not
started within72 hours of verbal reporting.
E. All construction and location standards in this chapter shall apply to wells
and borings constructed under emergency conditions.
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F. The commissioner shall not issue emergency permits to, or accept
emergency notifications from, contractors who violate the emergency notification
or permit requirements.
When calling in an emergency construction notification or permit, toll-free, 24-hour service is available
by calling 800-383-9808.
When calling after business hours, a message must be left with all the required notification information
listed above. This must be done before beginning construction.
Community public water-supply wells constructed under emergency conditions must be reported
personally to the MDH Well Management Section or Drinking Water Protection Section staff prior to
construction.
STAT AUTH: MS s 103I.101; 103I.205; 103I.221; 103I.301; 103I.401; 103I.451;
103I.501; 103I.525, 103I.531; 103I.535; 103I.541; 103I.621;
HIST: 15 SR 78; 33 SR 211
4725.1840 UNSUCCESSFUL COMPLETION OF A WELL OR BORING.
If a water-supply well, monitoring well, dewatering well, vertical heat
exchanger, or elevator boring for which a notification or permit has been filed is
unsuccessful, a new well or boring may be constructed for the same owner on the
same property within 18 months of notification or permit approval, without
submitting a new construction fee, notification, or permit application if:
“Unsuccessful” means that the water-supply well, elevator boring, or vertical heat exchanger is not
completed and put into use. An unsuccessful monitoring well is one that is not completed to desired
depth, is not sampled, and is replaced with another. It does not mean a monitoring well that is sampled
but does not find contamination. An unsuccessful dewatering well is one that is not pumped, and is sealed
and replaced with another. Unsuccessful wells or borings must be sealed by a licensed or registered
contractor in accordance with the sealing requirements in Minnesota Rules, part 4725.3850. A sealing
notification and fee is not required. Sealing reports must be submitted.
A. the construction and depth of the new well or boring is not substantially
different from the initial well or boring;
If the new well or boring is anticipated to penetrate a different confining unit or be completed in a
different aquifer, a new permit or notification is required.
B. the person installing the well or boring submits an amended well and boring
construction record; and
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C. the unsuccessful well or boring is sealed according to this chapter, and a
sealing record is submitted.
Unsuccessful wells or borings must be sealed according to Minnesota Rules, part 4725.3850.
If one or more attempts are made to construct a well, or excavate for the installation of an elevator boring
and are met with failure, a new notification or permit is not needed if the well or elevator boring
excavation ultimately constructed is similar in depth and construction to the previous attempts and if the
permit is amended to show the correct location of the final construction or installation. The amended
permit may be submitted with the well or boring record. If the property owner or well owner changes, a
new permit or notification is needed.
STAT AUTH: MS s 103I.101; 103I.205; 103I.221; 103I.301; 103I.401; 103I.451;
103I.501; 103I.525, 103I.531; 103I.535; 103I.541; 103I.621;
HIST: 15 SR 78; 33 SR 211
4725.1842 APPROVAL OF CONSTRUCTION PERMITS.
The commissioner shall review a permit application upon submission. A permit
shall be issued if the application is complete and is in compliance with this
chapter.
Permit applications that are complete and correct are generally reviewed and approved within three
working days. If a permit is not filled out completely or is not in compliance with this chapter, it is
subject to denial or rejection. A permit application is not approved, and a well may not be drilled, until the
contractor has received an official approved permit from the MDH Well Management Section.
STAT AUTH: MS s 103I.101
HIST: 15 SR 78
4725.1845 DENIAL OF CONSTRUCTION PERMIT APPLICATION.
Subpart 1. Grounds for denial of application. The commissioner may deny a
permit application or revoke a permit for construction of a monitoring well,
groundwater thermal exchange device, vertical heat exchanger, or elevator boring
if:
A the person constructing the well or boring is not licensed or registered
according to this chapter;
B. information submitted in the permit application is determined to be
incomplete, incorrect, omitted, false, or misrepresented;
C. the construction of the well or boring would not be in conformance with this
chapter;
D. issuance of the permit conflicts with statute or rule;
E. a provision of the permit is violated;
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F. the well or boring would be constructed into or through contaminated soil or
groundwater, and construction or use of the well or boring would result in
contamination of a well or boring, allow contamination to spread, or would
adversely affect groundwater remediation; or
G pumping from the well or boring would intercept groundwater
contamination and construction or use of the well or boring would result in
contamination of a well or boring, allow contamination to spread, or would
adversely affect groundwater remediation.
Subp. 2. Notice requirement. The commissioner shall give the applicant or
permit holder written notice of the permit application denial or permit revocation.
The notice shall state the reason for denial or revocation. A denied permit
application or revoked permit may be revised or corrected and resubmitted to the
commissioner for reconsideration.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451; 103I.501; 103I.525, 103I.531; 103I.535; 103I.541; 103I.621;
HIST: 15 SR 78; 33 SR 211
4725.1848 WELL MAINTENANCE PERMITS.
Subpart 1. Permit required.
A. Annual maintenance permits are required for monitoring wells and
dewatering wells that were constructed after January 1, 1990, and are not
permanently sealed within 14months of construction.
B. Annual maintenance permits are required for wells, including monitoring
wells, dewatering wells, and water-supply wells, that are not in use and not sealed.
Maintenance permits allow the property owner to maintain a well on an annual basis. The permit
requires an annual fee. A maintenance permit will not be granted if the well must be sealed under
conditions established in Minnesota Statutes, Chapter 103I. Conditions may be placed on the maintenance
permit, such as repair of defective casing or extension of casing above grade. The issuance of a
maintenance permit does not guarantee that the well will function properly for someone's intended use or
that a water-supply well constructed before the adoption of the rules (1974) meets the current standards of
the rules. The maintenance permit does not exempt the owner from the ultimate sealing of the well.
Monitoring wells and dewatering wells constructed after January 1, 1990, must have a maintenance
permit if they are in use and not sealed within 14 months of construction. Dewatering wells and
monitoring wells that are not in use and not under a maintenance permit must be sealed.
Water-supply wells must have a maintenance permit if they are not in use and not sealed.
162
A well that is not in use means a well that is not used on a regular basis, typically interpreted to mean at
least annually. According to Minnesota Statutes, section 103I.0100, a “well that is in use” means a well
that operates on a daily, regular, or seasonal basis. A well in use includes a well that operates for the
purpose of irrigation, fire protection, or emergency pumping.
Maintenance permits are not required or issued for borings. A boring that is not in use must be placed in
use or sealed.
Subp. 2. Permit application. The owner of the property where the well is located
must submit to the commissioner a maintenance permit application on a form
provided by the commissioner. The application must be legible, accompanied by
the correct fee, and signed by the property owner where the well is located. The
permit application shall include the following information for each well:
The property owner is responsible for obtaining the permit unless the well owner and the property owner
have a written agreement as required by Minnesota Statutes, section 103I.205, subdivision 8.
A. the name, telephone number, and address of the property owner and well
owner, if different;
B. the legal description of the well location; and
C. the Minnesota unique well number. If the unique number is not known, the
depth, diameter, and construction of the well must be reported.
The commissioner shall review a permit application upon submission. A permit
shall be issued if the application is complete and is in compliance with this
chapter. A permit shall not be issued for a well that is required to be sealed by this
chapter or Minnesota Statutes, section 103I.301.
Permit applications may be obtained from the St. Paul office of the MDH Well Management Section or
from any MDH Well Management Section district office.
If a well falls into one of the following categories, then it is not a candidate for a maintenance permit, and
must be sealed:
● The well is contaminated or may contribute to contamination;
● The well was attempted to be sealed but the provisions of this chapter were not followed; or
● Due to its location, construction, or maintenance, continued use of the well endangers groundwater
quality or is a safety or health hazard.
A well or boring must be sealed by a registered or licensed contractor consistent with the provisions of
this chapter.
Subp. 3. Permit conditions. The conditions in this subpart apply to maintenance
permits.
A. Maintenance permits are not transferable. If ownership of the property
changes, an application must be made for a new maintenance permit.
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B. A maintenance permit is valid for one year from the date it is issued.
The MDH Well Management Section will mail maintenance permit renewal applications to persons who
have been issued maintenance permits.
C. A maintenance permit does not allow construction or repair that would
require notification or a permit according to this chapter.
D. The commissioner may deny a permit application or revoke a permit for
violation of this chapter. The commissioner shall give the applicant or permit
holder written notice of the permit application denial or permit revocation. The
notice shall state the reason for denial or revocation.
Subp. 4. Well maintenance permits. An annual well maintenance permit is
required for an unsealed dewatering well, monitoring well, or water-supply well
that is not in use or that is inoperable. The owner of the property on which such a
well is located must submit the annual permit fee along with the permit
application, or have the well sealed.
The annual maintenance permit fee is $175. See Minnesota Statutes, section 103I.208.
Water-supply well maintenance permits are required for wells which are not in use. If a water-supply well
is in use, a maintenance permit is not required. Monitoring well and dewatering well maintenance permits
are for wells which are in use 14 months after construction.
Subp. 5. Monitoring well maintenance permits. The provisions in items A to C
apply to monitoring wells constructed after January 1, 1990.
A. The owner of property on which an unsealed monitoring well is located must
obtain a maintenance permit starting 14 months after construction of the well and
must pay the required permit fee. The permit must be renewed annually until the
well is sealed.
B. A maintenance permit application must be completed for each monitoring
well. However, a single permit application may be completed for monitoring wells
used as leak detection devices at a petroleum bulk storage site or a motor fuel
retail outlet. The permit must list each well and include the well location and
unique well number. A site or outlet consists of a single continuous piece of
property on which the petroleum bulk storage or retail motor fuel outlet is located.
The site does not include other properties on which monitoring wells are
constructed to evaluate a spill or leak associated with the petroleum facility.
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C. Monitoring wells that are inoperable or not in use, or for which no
maintenance permit has been obtained 14 months after construction, must be
permanently sealed.
The annual monitoring well maintenance permit fee is $175. For each motor fuel retail outlet, agricultural
chemical facility,* or bulk storage site, the fee is $175 for each site regardless of the number of unsealed
monitoring wells on the site.
* Agricultural chemical facilities were added to petroleum bulk storage and motor fuel sites by legislative
action.
Subp. 6. Dewatering well maintenance permits. The conditions in items A to C
apply to dewatering wells constructed after January 1, 1990.
A. No later than 14 months after construction of a dewatering well, the owner of
the property on which a dewatering well is located must obtain a maintenance
permit for an unsealed dewatering well and must pay the required permit fee. The
permit must be renewed annually for wells that are in use.
B. A maintenance permit for a dewatering project of ten or more dewatering
wells must list each well and include the well location and unique well number.
C. Dewatering wells that are inoperable or not in use, or for which no
maintenance permit has been obtained, must be permanently sealed.
The annual maintenance permit fee for a dewatering well is $175. The annual fee for a dewatering well
project is $875 providing there are five or more unsealed dewatering wells on the site.
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451; 103I.501; 103I.525; 103I.531; 103I.535; 103I.541; 103I.621; 144.05;
144.12; 144.383; 157.04; 157.08; 157.09; 157.13
HIST: 15 SR 78; 17 SR 2773; 18 SR 1222; 33 SR 211
4725.1849 PROPERTY OWNER OR LESSEE DRIVE-POINT WATERSUPPLY WELL CONSTRUCTION NOTIFICATION.
Subpart 1. Scope. This part applies to drive-point water-supply wells constructed
by an individual on property that is owned or leased by the individual and that is
used for agricultural purposes or as the individual's place of residence. The
construction, maintenance, and repair of the drive-point well must comply with
parts 4725.2010 to 4725.5650. This part does not grant authority for the individual
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to seal the drive-point well. This part does not apply to drive-point water-supply
wells constructed by a well contractor, drive-point wells installed for purposes
other than water supply, or to wells other than drive-point wells installed by the
property owner or lessee.
A property owner may install a drive-point water-supply well themself (or install a water-supply well by
another method) only on property they own or lease and use for farming or agricultural purposes or as the
person’s residence. A property owner may not construct a monitoring well or any other type of well or
boring.
A drive-point well, sometimes referred to as a “sand-point,” or just a “point,” is a well constructed with a
pointed well screen attached to sections of pipe, that is forced or driven into the ground with a hammer,
maul, or weight. A drive-point well usually meets the definition of “sensitive water-supply well.” The
greater isolation distances described in Minnesota Rules, part 4725.4450, apply to sensitive wells.
Subp. 2. Notification. Written notification of construction of a drive-point well
installed by a property owner must be filed with the commissioner within ten days
after completion of the well. The owner of the drive-point well must provide the
following information on a notification form provided by the commissioner:
(1) the name, address, and telephone number of the drive-point well owner
and property owner, if different;
(2) the legal description of the well location; and
(3) the date the well was constructed.
This less stringent notification and fee exemption for drive-point wells installed by a property owner was
established by the Minnesota Legislature in Minnesota Statutes, Chapter 103I.
Notification forms may be obtained from MDH Well Management Section offices or from retail sellers of
drive-points. The form is contained in the drive-point well brochure, which explains the notification
requirements and summarizes requirements of the rules.
The drive-point well construction notification does not apply to:
● Drive-point wells installed by a contractor. A notification or permit and fee are required prior to
construction; or
● Wells other than drivepoints installed by a property owner (a property owner may construct a
domestic well or irrigation well themselves by methods other than a drive-point, but must submit a
regular notification and fee before construction).
Subp. 3. Retail sale of drive-point well screens. A person who sells drive-point
well screens at retail must provide each buyer with a copy of the notification form
and informational materials provided by the department
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The commissioner shall provide copies of the drive-point notification form and
information about well regulations to retail sellers of drive-point well screens.
This requirement applies to hardware stores, plumbing supply companies, mail order outlets, plumbers,
well contractors, or other persons who sell drive-points at retail for the purpose of installing or repairing a
well. The rule subpart does not apply to sales for purposes other than installation of a well. The subpart
also applies only to the sale of the drivepoint itself, not to the sale of casing or pumps. The MDH Well
Management Section has prepared a drive-point well brochure which provides a summary of the drivepoint well construction requirements.
A summary of only a few drive-point well requirements follows:
● All potable water-supply wells must have a minimum of 15 feet of watertight casing.
● The isolation distances apply to drivepoints used for lawn or garden irrigation. The distances are
doubled from contamination sources entering the ground (drainfield, privy, animal yard, etc.) for
sensitive wells with less than 50 feet of watertight casing and not penetrating at least 10 feet of
impervious material such as clay.
● A well may not be buried, in a pit, or within a building, including a basement, except for a well house
only used for the well, pump or pumping equipment, or water treatment equipment.
● A suction line may not be buried unless it is contained in concentric piping.
● The casing of a well may not be “pulled” and the soil collapsed when sealing a well (property owners
cannot legally seal wells).
STAT AUTH: MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401;
103I.451; 103I.501; 103I.525; 103I.531; 103I.535; 103I.541; 103I.621;
HIST: 15 SR 78; 33 SR 211
4725.1850 [Repealed, 15 SR 78]
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End
of
Permits and Notifications Section
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