1998 Minnesota Statutes

     103F.325 Designation procedure. 

    Subdivision 1.    Management plan.  (a) For each river 
 proposed to be included in the wild and scenic rivers system, 
 the commissioner shall prepare a management plan, without 
 unreasonable restrictions upon compatible, preexisting, economic 
 uses of particular tracts of land, to preserve and enhance the 
 values that cause the river to be proposed for inclusion in the 
 system.  

    (b) The plan shall: 

    (1) give primary emphasis to the area's scenic, 
 recreational, natural, historical, scientific and similar 
 values; 

    (2) state the proposed classification of the river and 
 segments of the river; 

    (3) designate the boundaries of the area along the river to 
 be included within the system, which may not include more than 
 320 acres per mile on both sides of the river; and 

    (4) include proposed rules governing the use of public 
 lands and waters within the area, which may differ from 
 statewide rules to the extent necessary to take account of the 
 particular attributes of the area.  

    (c) The plan may include proposed standards and criteria 
 adopted under section 103F.321 for local land use controls that 
 differ from statewide standards and criteria to the extent 
 necessary to take account of the particular attributes of the 
 area.  

    Subd. 2.    Review and hearing.  (a) The commissioner 
 shall make the proposed management plan available to affected 
 local governmental bodies, shoreland owners, conservation and 
 outdoor recreation groups, the commissioner of trade and 
 economic development, the commissioner of public service, the 
 governor, and the general public.  The commissioners of trade 
 and economic development and of public service and the governor 
 shall review the proposed management plan in accordance with the 
 criteria in section 86A.09, subdivision 3, and submit any 
 written comments to the commissioner within 60 days after 
 receipt of the proposed management plan.  

    (b) By 60 days after making the information available, the 
 commissioner shall conduct a public hearing on the proposed 
 management plan in the county seat of each county that contains 
 a portion of the designated system area, in the manner provided 
 in chapter 14.  

    Subd. 3.    Post hearing review.  Upon receipt of the 
 administrative law judge's report, the commissioner shall 
 immediately forward the proposed management plan and the 
 administrative law judge's report to the commissioners of trade 
 and economic development and of public service for review under 
 section 86A.09, subdivision 3, except that the review by the 
 commissioners must be completed or be deemed completed within 30 
 days after receiving the administrative law judge's report, and 
 the review by the governor must be completed or be deemed 
 completed within 15 days after receipt.  

    Subd. 4.    Designation of river as part of system.  
 Within 60 days after receipt of the administrative law judge's 
 report, the commissioner shall decide whether to designate by 
 order the river or a segment of the river as a wild, scenic, or 
 recreational river and, if so designated, shall adopt a 
 management plan to govern the area.  The commissioner shall 
 notify and inform public agencies and private landowners of the 
 plan and its purposes to encourage their cooperation in the 
 management and use of their land in a manner consistent with the 
 plan and its purposes.  

    Subd. 5.    Reservation of legislative authority.  The 
 legislature may at any time designate additional rivers to be 
 included within the system, exclude rivers previously included 
 in the system, or change the classification of rivers classified 
 by the commissioner.  

    HIST: 1987 c 186 s 15; 1990 c 391 art 6 s 35