HF 424

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:37am

A bill for an act
relating to natural resources; modifying the Critical Areas Act of 1973; requiring
rulemaking; appropriating money; amending Minnesota Statutes 2008, section
116G.15; repealing Minnesota Statutes 2008, section 116G.151.

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

Section 1.

Minnesota Statutes 2008, section 116G.15, is amended to read:

116G.15 MISSISSIPPI RIVER new text begin CORRIDOR new text end CRITICAL AREA.

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

deleted text begin (a) deleted text end The federal Mississippi National
River and Recreation Area established pursuant to United States Code, title 16, section
460zz-2(k), is designated an area of critical concern in accordance with this chapter. deleted text begin The
governor shall review the existing Mississippi River critical area plan and specify any
additional standards and guidelines to affected communities in accordance with section
116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of
the area pending the completion of the federal plan. deleted text end new text begin The purpose of the designation is to: new text end

new text begin (1) protect and preserve the Mississippi River and adjacent lands that the legislature
finds to be unique, valuable, and dynamic and environmental state and regional resources
for the benefit of the health, safety, and welfare of the citizens of the state, region, and
nation;
new text end

new text begin (2) prevent and mitigate irreversible damages to the natural resources listed under
clause (1);
new text end

new text begin (3) preserve and enhance the natural, aesthetic, cultural, recreational, and historical
values of the Mississippi River and its corridor for public use and benefit;
new text end

new text begin (4) protect and preserve the Mississippi River and its corridor as an essential element
in the national, state, and regional transportation, sewer and water, and recreational
systems; and
new text end

new text begin (5) protect and preserve the biological and ecological functions of the Mississippi
River and its corridor.
new text end

deleted text begin The results of an environmental impact statement prepared under chapter 116D
begun before and completed after July 1, 1994, for a proposed project that is located in
the Mississippi River critical area north of the United States Army Corps of Engineers
Lock and Dam Number One must be submitted in a report to the chairs of the environment
and natural resources policy and finance committees of the house of representatives
and the senate prior to the issuance of any state or local permits and the authorization
for an issuance of any bonds for the project. A report made under this paragraph shall
be submitted by the responsible governmental unit that prepared the environmental
impact statement, and must list alternatives to the project that are determined by the
environmental impact statement to be economically less expensive and environmentally
superior to the proposed project and identify any legislative actions that may assist in the
implementation of environmentally superior alternatives. This paragraph does not apply
to a proposed project to be carried out by the Metropolitan Council or a metropolitan
agency as defined in section 473.121.
deleted text end

deleted text begin (b) If the results of an environmental impact statement required to be submitted by
paragraph (a) indicate that there is an economically less expensive and environmentally
superior alternative, then no member agency of the Environmental Quality Board shall
issue a permit for the facility that is the subject of the environmental impact statement,
other than an economically less expensive and environmentally superior alternative,
nor shall any government bonds be issued for the facility, other than an economically
less expensive and environmentally superior alternative, until after the legislature has
adjourned its regular session sine die in 1996.
deleted text end

new text begin Subd. 2. new text end

new text begin Administration; rules. new text end

new text begin (a) The commissioner of natural resources may
adopt such rules pursuant to 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 and related rules
and in the governor's executive order number 79-19, published in the State Register on
March 12, 1979, 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 in a way that:
new text end

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

new text begin (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;
new text end

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

new text begin (4) utilizes certain reaches of the river as a source of water supply and for receiving
wastewater effluents and discharges that meet all applicable standards; and
new text end

new text begin (5) protects and preserves the biological and ecological functions of the corridor.
new text end

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Districts. new text end

new text begin The commissioner shall establish districts within the Mississippi
River corridor critical area. The commissioner must seek to minimize the number of
districts within any one municipality and take into account existing ordinances. The
commissioner shall consider the following when establishing the districts:
new text end

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

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

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

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

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

new text begin (6) the intent of the Mississippi River corridor critical area land use districts from
the governor's executive order number 79-19, published in the State Register on March
12, 1979; and
new text end

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

new text begin Subd. 4. new text end

new text begin Standards. new text end

new text begin (a) The commissioner shall establish 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, key resources and features to
be protected or enhanced based upon paragraph (b), permitted uses, and dimensional
and performance standards for development. The commissioner must take into account
existing ordinances when developing the guidelines and standards under 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, wastewater treatment facilities, and hydropower facilities.
new text end

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

new text begin (1) floodplains;
new text end

new text begin (2) wetlands;
new text end

new text begin (3) gorges;
new text end

new text begin (4) areas of confluence with key tributaries;
new text end

new text begin (5) natural drainage routes;
new text end

new text begin (6) shorelines and riverbanks;
new text end

new text begin (7) bluffs;
new text end

new text begin (8) steep slopes and very steep slopes;
new text end

new text begin (9) unstable soils and bedrock;
new text end

new text begin (10) significant existing vegetative stands, tree canopies, and native plant
communities;
new text end

new text begin (11) scenic views and vistas;
new text end

new text begin (12) publicly owned parks, trails, and open spaces;
new text end

new text begin (13) cultural and historic sites and structures; and
new text end

new text begin (14) water quality.
new text end

new 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.
new text end

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

new text begin (1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A
bluff is 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;
new text end

new 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;
new text end

new text begin (3) "bluff base" 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;
new text end

new 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
new text end

new 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.
new text end

new text begin Subd. 5. new text end

new text begin Application. new text end

new text begin The standards established under this section shall be used:
new text end

new text begin (1) by local units of government when preparing or updating plans or modifying
regulations;
new text end

new text begin (2) by state and regional agencies for permit regulation and in developing plans
within their jurisdiction;
new text end

new text begin (3) by the Metropolitan Council for reviewing plans, regulations, and development
permit applications; and
new text end

new text begin (4) by the commissioner when approving plans, regulations, and development
permit applications.
new text end

new text begin Subd. 6. new text end

new text begin Notification; fees. new text end

new text begin (a) A local unit of government or a regional or state
agency shall notify the commissioner of natural resources of all developments in the
corridor that require discretionary actions under their rules at least ten days before taking
final action on the application. A local unit of government or agency failing to notify the
commissioner at least ten days before taking final action shall submit a late fee of $50
to the commissioner. The commissioner may establish exemptions from the notification
requirement for certain types of applications. For purposes of this section, a discretionary
action includes all actions that require a public hearing, including variances, conditional
use permits, and zoning amendments.
new text end

new text begin (b) The commissioner shall recover costs of reviewing information submitted under
paragraph (a). Amounts collected under this paragraph must be credited to an account in
the natural resources fund and are appropriated to the commissioner.
new text end

new text begin Subd. 7. new text end

new text begin Rules. new text end

new text begin 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. Until the rules required under this section take effect,
the commissioner shall administer the Mississippi River corridor critical area program
in accordance with the governor's executive order number 79-19, published in the State
Register on March 12, 1979.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $225,000 in fiscal year 2010 and $225,000 in fiscal year 2011 are appropriated from
the clean water fund to the commissioner of natural resources to develop and adopt rules
for the Mississippi River corridor critical area under Minnesota Statutes, section 116G.15,
in order to achieve the required outcomes. The commissioner shall begin rulemaking
under Minnesota Statutes, chapter 14, no later than January 15, 2010.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 116G.151, new text end new text begin is repealed.
new text end