HF 1775

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/19/2013 11:51am

A bill for an act
relating to natural resources; modifying Mississippi River corridor critical area
provisions; amending Minnesota Statutes 2012, section 116G.15, subdivisions
2, 3, 4, 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 116G.15, subdivision 2, is amended to read:

Subd. 2.

Administration; duties.

(a) The commissioner of natural resources may
adopt rules under chapter 14 as are necessary for the administration of the Mississippi
River corridor critical area program. Duties of the Environmental Quality Council
or the Environmental Quality Board referenced in this chapter, related rules, and the
governor's Executive Order No. 79-19, published in the State Register on March 12, 1979,
that are related to the Mississippi River corridor critical area shall be the duties of the
commissioner. All rules adopted by the board pursuant to these duties remain in effect
and shall be enforced until amended or repealed by the commissioner in accordance with
law. The commissioner shall work in consultation with the United States Army Corps of
Engineers, the National Park Service, the Metropolitan Council, other agencies, and local
units of government to ensure that the Mississippi River corridor critical area is managed
as a multipurpose resource in a way that:

(1) conserves the scenic, environmental, recreational, mineral, economic, cultural,
and historic resources and functions of the river corridor;

(2) maintains the river channel for transportation by providing and maintaining
barging and fleeting areas in appropriate locations consistent with the character of the
Mississippi River and riverfront;

(3) provides for the continuation deleted text begin and deleted text end new text begin , new text end development new text begin , and redevelopment new text end of a variety
of urban uses, including industrial and commercial uses, and residential uses, where
appropriate, within the Mississippi River corridor;

(4) utilizes certain reaches of the river as a source of water supply and as a receiving
water for properly treated sewage, storm water, and industrial waste effluents; and

(5) protects and preserves the biological and ecological functions of the corridor.

(b) The Metropolitan Council shall incorporate the standards developed under
this section into its planning and shall work with local units of government and the
commissioner to ensure the standards are being adopted and implemented appropriately.

(c) The rules must be consistent with residential nonconformity provisions under
sections 394.36 and 462.357.

Sec. 2.

Minnesota Statutes 2012, section 116G.15, subdivision 3, is amended to read:

Subd. 3.

Districts.

The commissioner shall establish, by rule, districts within
the Mississippi River corridor critical area. The commissioner must seek to determine
an appropriate number of districts within any one municipality and take into account
municipal plans and policies, and existing ordinances and conditions. The commissioner
shall consider the following when establishing the districts:

deleted text begin (1) the protection of the major features of the river in existence as of March 12, 1979;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end the protection of improvements such as parks, trails, natural areas,
recreational areas, and interpretive centers;

deleted text begin (3) deleted text end new text begin (2) new text end the use of the Mississippi River as a source of drinking water;

deleted text begin (4) deleted text end new text begin (3) new text end the protection of resources identified in the Mississippi National River and
Recreation Area Comprehensive Management Plan;

deleted text begin (5) deleted text end new text begin (4) new text end the protection of resources identified in comprehensive plans developed by
counties, cities, and towns within the Mississippi River corridor critical area; new text begin and
new text end

deleted text begin (6) the intent of the Mississippi River corridor critical area land use districts from
the governor's Executive Order No. 79-19, published in the State Register on March
12, 1979; and
deleted text end

deleted text begin (7) deleted text end new text begin (5) new text end identified scenic, geologic, and ecological resources.

Sec. 3.

Minnesota Statutes 2012, section 116G.15, subdivision 4, is amended to read:

Subd. 4.

Standards.

(a) The commissioner shall establish, by rule, minimum
guidelines and standards for the districts established in subdivision 3. The guidelines and
standards for each district shall include the intent of each district and key resources and
features to be protected or enhanced based upon paragraph (b). The commissioner must
take into account municipal plans and policies, and existing ordinances and conditions
when developing the guidelines in this section. The commissioner may provide certain
exceptions and criteria for standards, including, but not limited to, exceptions for river
access facilities, water supply facilities, storm water facilities, and wastewater treatment
facilities, and hydropower facilities.

(b) The guidelines and standards must protect or enhance the following key
resources and features:

(1) floodplains;

(2) wetlands;

(3) gorges;

(4) areas of confluence with key tributaries;

(5) natural drainage routes;

(6) shorelines and riverbanks;

(7) bluffs;

(8) steep slopes and very steep slopes;

(9) unstable soils and bedrock;

(10) significant existing vegetative stands, tree canopies, and native plant
communities;

(11) scenic views and vistas;

(12) publicly owned parks, trails, and open spaces;

(13) cultural and historic sites and structures; and

(14) water quality.

deleted text begin (c) The commissioner shall establish a map to define bluffs and bluff-related features
within the Mississippi River corridor critical area. At the outset of the rulemaking process,
the commissioner shall create a preliminary map of all the bluffs and bluff lines within
the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The
rulemaking process shall provide an opportunity to refine the preliminary bluff map. The
commissioner may add to or remove areas of demonstrably unique or atypical conditions
that warrant special protection or exemption. At the end of the rulemaking process, the
commissioner shall adopt a final bluff map that contains associated features, including
bluff lines, bases of bluffs, steep slopes, and very steep slopes.
deleted text end

deleted text begin (d) The following guidelines shall be used by the commissioner to create a
preliminary bluff map as part of the rulemaking process:
deleted text end

deleted text begin (1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A
high, steep, natural topographic feature such as a broad hill, cliff, or embankment with
a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff
base and the bluff line;
deleted text end

deleted text begin (2) "bluff line" means a line delineating the top of a slope connecting the points
at which the slope becomes less than 18 percent. More than one bluff line may be
encountered proceeding upslope from the river valley;
deleted text end

deleted text begin (3) "base of the bluff" means a line delineating the bottom of a slope connecting
the points at which the slope becomes 18 percent or greater. More than one bluff base
may be encountered proceeding landward from the water;
deleted text end

deleted text begin (4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural
topographic features with an average slope of 12 to 18 percent measured over a horizontal
distance of 50 feet or more; and
deleted text end

deleted text begin (5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are
natural topographic features with an average slope of 18 percent or greater, measured over
a horizontal distance of 50 feet or more.
deleted text end

Sec. 4.

Minnesota Statutes 2012, section 116G.15, subdivision 7, is amended to read:

Subd. 7.

Rules.

The commissioner shall adopt rules to ensure compliance with this
section. By January 15, 2010, the commissioner shall begin the rulemaking required by
this section under chapter 14. new text begin Notwithstanding sections 14.125 and 14.128, the authority
to adopt these rules does not expire.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2009.
new text end