Mississippi River Corridor Critical Area Rulemaking

Project Details by Fiscal Year
2014 Fiscal Year Funding Amount
$100,000
2011 Fiscal Year Funding Amount
$250,000
2010 Fiscal Year Funding Amount
$250,000
Fund Source
Clean Water Fund
Status
Completed
Start Date
July 2009
End Date
June 2015
Activity Type
Analysis/Interpretation
Education/Outreach/Engagement
Mapping
Restoration/Enhancement
Technical Assistance
Counties Affected
Anoka
Dakota
Hennepin
Ramsey
Washington
Proposed Measurable Outcome(s)

In FY15, the DNR will revise the 2014 working draft rules and Statement Of Need And Reasonableness and conduct formal rulemaking to finalize and promulgate the rules.

Measurable Outcome(s)

In FY15, the DNR published a Request for Comments on the draft rules in June 2014 and accepted comments through the end of September 2014. During the public comment period, we held three public open houses and numerous interest group meetings. We got over 500 comments and wrote a summary report in October 2014. We revised the working draft rules based on these comments, and shared the revisions with stakeholders in December 2014. Throughout early 2015, we collaborated with local governments to revise proposed district boundaries and to analyze and refine the bluff definition. In June 2015, we completed the proposed draft rules and draft SONAR, both of which are undergoing internal review. Formal rulemaking is anticipated to begin in FY16. We did not initiate formal rulemaking in FY15. Work will continue as time and other funding sources allow.

Legal Citation / Subdivision
M.L. 2013, Ch. 137, Art. 2, Sec. 6(l)
Appropriation Language

$100,000 the first year is for the
commissioner of natural resources for
rulemaking under Minnesota Statutes,
section 116G.15, subdivision 7.

2014 Fiscal Year Funding Amount
$100,000
Direct expenses
$53,703
Administration costs
$80
Number of full time equivalents funded
0.72
Proposed Measurable Outcome(s)

In FY14, DNR will revise the draft rule and Statement Of Need And Reasonableness written in 2011 and conduct formal rulemaking to finalize and promulgate the rules.

Measurable Outcome(s)

DNR intended to revise the draft rules and Statement Of Need And Reasonableness written in 2011 and conduct formal rulemaking to finalize and promulgate the rules. However, due to strong interest and concerns with the draft rules, DNR expanded its process to re-engage with local governments and interest groups to understand their concerns and make the draft rules more workable before moving forward. In FY14, DNR:• met individually with each local government administering plans and ordinances in the MRCCA at least once and three times in group meetings convened by Metro Cities,• met with numerous interest groups at their request,• submitted a report to the Legislature in January 2014,• revised the 2011 draft rules (referred to as the 2014 working draft rules), and• published a second Request for Comments in June 2014 and initiated a public outreach effort to provide information to the public and get additional input on the working draft rules.

Legal Citation / Subdivision
M.L. 2009, Ch. 172, Art. 2, Sec. 5(e)
Appropriation Language

$250,000 the first year and $250,000 the second year are to adopt rules for the Mississippi River corridor critical area under Minnesota Statutes, section 116G.15. The commissioner shall begin rulemaking under chapter 14 no later than January 15, 2010. At least 30 days prior to beginning the rulemaking, the commissioner shall notify local units of government within the Mississippi River corridor critical area of the intent to adopt rules. The local units of government shall make reasonable efforts to notify the public of the contact information for the appropriate department staff. The commissioner shall maintain an e-mail list of interested parties to provide timely information about the proposed schedule for rulemaking, opportunities for public comment, and contact information for the appropriate department staff.

2011 Fiscal Year Funding Amount
$250,000
Direct expenses
$145,392
Administration costs
$8,100
Number of full time equivalents funded
0.5
Proposed Measurable Outcome(s)

DNR will develop rules that protect and manage multiple values of the Mississippi River Corridor Critical Area.

Measurable Outcome(s)

DNR engaged the public and key stakeholders in a comprehensive process to develop draft rule language. The draft rules and SONAR (Statement of Need and Reasonableness) are written; however, the agency lost its authority to conduct formal rulemaking to finalize and promulgate the rules.

Legal Citation / Subdivision
M.L. 2009, Ch. 172, Art. 2, Sec. 5(e)
Appropriation Language

$250,000 the first year and $250,000 the second year are to adopt rules for the Mississippi River corridor critical area under Minnesota Statutes, section 116G.15. The commissioner shall begin rulemaking under chapter 14 no later than January 15, 2010. At least 30 days prior to beginning the rulemaking, the commissioner shall notify local units of government within the Mississippi River corridor critical area of the intent to adopt rules. The local units of government shall make reasonable efforts to notify the public of the contact information for the appropriate department staff. The commissioner shall maintain an e-mail list of interested parties to provide timely information about the proposed schedule for rulemaking, opportunities for public comment, and contact information for the appropriate department staff.

2010 Fiscal Year Funding Amount
$250,000
Direct expenses
$124,572
Administration costs
$13,785
Number of full time equivalents funded
1.0
Project Overview

The DNR has been charged by the legislature to develop rules that protect and manage the Mississippi River Corridor Critical Area (MRCCA) for natural resource, economic development, transportation, historic preservation, and other values. This project engages stakeholder groups in a public process to balance regulatory protections with local flexibility and control.The rules will replace the outdated Executive Order that currently guides development in the MRCCA. The legislation requires the rules to establish new districts within the MRCCA and to develop minimal guidelines and standards for building, bluff protection, and clean water (stormwater, erosion control, etc) for the districts. These standards must include key resources to be protected or enhanced and they must take into account municipal plans and policies, as well as existing ordinances and conditions. The rule will also address public facilities and subdivision requirements.

About the Issue

In the 1970's a series of Executive Orders established the only "critical area" in the state of Minnesota. The orders recognized the importance of the corridor, a narrow strip of land on either side of the Mississippi River from Dayton and Ramsey to the confluence with the St. Croix River, as a "unique and valuable state and regional resource for the benefit of the health, safety, and welfare of the citizens of the state, region, and nation." All local governments with jurisdiction in the MRCCA currently have plans and ordinances in place that will need to be updated once the rules are promulgated.

Project Manager
First Name
Jennifer
Last Name
Shillcox
Organization Name
Minnesota Department of Natural Resources
Street Address
500 Lafayette Road
City
St. Paul
Zip Code
55155
Phone
651-259-5727
Email
jennifer.shillcox@state.mn.us