HF 3557

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/21/2018 12:30pm

A bill for an act
relating to environment; expanding exemptions from requirements for
environmental assessment worksheets for certain recreational trails.

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

Section 1. new text begin RECREATIONAL TRAILS; ENVIRONMENTAL REVIEW;
RULEMAKING.
new text end

new text begin (a) The Environmental Quality Board must amend Minnesota Rules, chapter 4410, to
be consistent with this section, including amending Minnesota Rules, part 4410.4300, subpart
37, as follows:
new text end

new text begin (1) item A must be amended to read: "Constructing a trail at least 25 miles long on
forested or other naturally vegetated land for a recreational use unless exempted by part
4410.4600, subpart 14, item D. In applying this item, if a proposed trail will contain segments
of newly constructed trail and segments that will follow an existing trail but be designated
for a new motorized use, an EAW must be prepared if the sum of the quotients obtained by
dividing the length of the new construction by 25 miles and length of the existing but newly
designated trail by 25 miles equals or exceeds one. Additions and designations under items
C and D do not apply to this formula.";
new text end

new text begin (2) item B must be amended to read: "Designating at least 25 miles of an existing trail
for a new motorized recreational use other than snowmobiling. In applying this item, if a
proposed trail will contain segments of newly constructed trail and segments that will follow
an existing trail but be designated for a new motorized use, an EAW must be prepared if
the sum of the quotients obtained by dividing the length of the new construction by 25 miles
and the length of the existing but newly designated trail by 25 miles equals or exceeds one.
Additions and designations under items C and D do not apply to this formula.";
new text end

new text begin (3) a new item C must be adopted to read: "When adding a new motorized recreational
use or seasonal motorized recreational use to an existing motorized recreational trail if the
treadway width is not expanded as a result of the added use, a mandatory EAW is not
required."; and
new text end

new text begin (4) a new item D must be adopted to read: "When designating an existing, legally
constructed route for motorized recreational use, a mandatory EAW is not required."
new text end

new text begin (b) The board may use the good cause exemption rulemaking procedure under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and
Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota
Statutes, section 14.388.
new text end