2007 Minnesota Statutes

CHAPTER 116G. CRITICAL AREAS

116G.01 CITATION.
Sections 116G.01 to 116G.14 shall be known as the Critical Areas Act of 1973.
History: 1973 c 752 s 1

116G.02 POLICY.
The legislature finds that the development of certain areas of the state possessing important
historic, cultural, or esthetic values, or natural systems which perform functions of greater than
local significance, could result in irreversible damage to these resources, decrease their value and
utility for public purposes, or unreasonably endanger life and property. The legislature therefore
determines that the state should identify these areas of critical concern and assist and cooperate
with local units of government in the preparation of plans and regulations for the wise use
of these areas.
History: 1973 c 752 s 2

116G.03 DEFINITIONS.
    Subdivision 1. Scope. As used in sections 116G.01 to 116G.14, the terms defined in this
section have the meanings ascribed to them.
    Subd. 2. Board. "Board" means the Minnesota Environmental Quality Board.
    Subd. 3. Local unit of government. "Local unit of government" means any political
subdivision of the state, including but not limited to counties, municipalities, townships, together
with all agencies and boards thereof.
    Subd. 4. Government development. "Government development" means any development
financed in whole or in substantial part, directly or indirectly, by the United States, the state of
Minnesota, or agency or political subdivision thereof.
    Subd. 5. Regional development commission. "Regional development commission" means
any regional development commission created pursuant to sections 462.381 to 462.396 and the
Metropolitan Council created by chapter 473.
    Subd. 6. Development permit. A "development permit" includes any building permit,
zoning permit, water use permit, discharge permit, permit for dredging, filling or altering any
portion of a watercourse, plat approval, rezoning, certification, variance or other action having the
effect of permitting any development as defined in sections 116G.01 to 116G.14.
    Subd. 7. Development. "Development" means the making of any material change in the use
or appearance of any structure or land including but not limited to:
(1) a reconstruction, alteration of the size, or material change in the external appearance
of a structure on the land;
(2) a change in the intensity of use of the land;
(3) alteration of a shore or bank of a river, stream, lake or pond;
(4) commencement of drilling (except to obtain soil samples), mining or excavation;
(5) demolition of a structure;
(6) clearing of land as an adjunct to construction;
(7) deposit of refuse, solid or liquid waste, or fill on a parcel of land;
(8) the dividing of land into three or more parcels.
    Subd. 8. Land. "Land" means the earth, water, and air, above, below or on the surface, and
includes any improvements or structures customarily regarded as land.
    Subd. 9. Parcel. "Parcel" of land means any quantity of land capable of being described
with such definiteness that its location and boundaries may be established, which is designated
by its owner or developer as land to be used or developed as a unit, or which has been used or
developed as a unit.
    Subd. 10. Developer. "Developer" means any person, including a governmental agency,
undertaking any development as defined in sections 116G.01 to 116G.14.
    Subd. 11. Structure. "Structure" means anything constructed or installed or portable, the use
of which requires a location on a parcel of land. It includes a movable structure while it is located
on land which can be used for housing, business, commercial, agricultural, or office purposes
either temporarily or permanently. Structure also includes fences, billboards, swimming pools,
poles, pipelines, transmission lines, tracks, and advertising signs.
History: 1973 c 752 s 3; 1975 c 271 s 6; 1983 c 216 art 1 s 22

116G.04 RULES.
The board shall adopt such rules pursuant to chapter 14, as are necessary for the
administration of sections 116G.01 to 116G.14.
History: 1973 c 752 s 4; 1975 c 271 s 6; 1982 c 424 s 130; 1985 c 248 s 70

116G.05 CRITERIA FOR THE SELECTION OF AREAS OF CRITICAL CONCERN.
The board shall, in the manner provided in chapter 14, prepare criteria for the selection of
areas of critical concern which have the following characteristics:
(1) An area significantly affected by, or having a significant effect upon, an existing or
proposed major government development which is intended to serve substantial numbers of
persons beyond the vicinity in which the development is located and which tends to generate
substantial development or urbanization.
(2) An area containing or having a significant impact upon historical, natural, scientific, or
cultural resources of regional or statewide importance.
History: 1973 c 752 s 5; 1975 c 271 s 6; 1982 c 424 s 130

116G.06 DESIGNATION.
    Subdivision 1. Recommendations. (a) The board shall periodically study and assess the
resources and development of the state and shall recommend to the governor those areas that
should be designated as areas of critical concern in accordance with criteria established in section
116G.05. In its recommendations, the board shall specify the boundaries of the proposed area of
critical concern, state the reasons why the particular area proposed is of critical concern to the state
or region, the dangers that would result from uncontrolled or inappropriate development of the
area and the advantages that would be achieved from the development of the area in a coordinated
manner and shall recommend specific principles for guiding the development of the area.
(b) Each regional development commission may from time to time recommend to the board
areas wholly or partially within its jurisdiction that meet the criteria for areas of critical concern
as defined in section 116G.05. Each regional development commission shall solicit from the local
units of government within its jurisdiction suggestions as to areas to be recommended. A local
unit of government in an area where no regional development commission has been established
may from time to time recommend to the board areas wholly or partially within its jurisdiction
that meet the criteria for areas of critical concern as defined in section 116G.05. The board
shall provide the regional development commission or local unit of government with a written
statement of its decision and the reasons therefor.
(c) Prior to submitting any recommendations to the governor, under this subdivision, the
board shall conduct a public hearing in the manner provided in chapter 14 on the proposed
designation at a location convenient to those persons affected by such designation.
    Subd. 2. Order. (a) The governor may designate by written order all or part of the
recommended areas as areas of critical concern and specify the boundaries thereof and shall
notify all local units of government in which any part or parts of a designated area or areas of
critical concern are located.
(b) The order designating an area of critical concern shall (1) describe the boundaries of the
area of critical concern, (2) indicate the reason that a particular area is of critical concern, (3)
specify standards and guidelines to be followed in preparing and adopting plans and rules required
in section 116G.07, and (4) indicate what development, if any, shall be permitted consistent with
the policies of sections 116G.01 to 116G.14 pending the adoption of plans and rules.
(c) The order designating an area of critical concern shall be effective for no longer than
three years pending approval by the legislature or by the regional development commission,
where one exists, of each development region in which a part of the area of critical concern is
located. After a regional development commission has approved the designation of an area of
critical concern, it shall not revoke or rescind its approval, except as necessary to update and
reevaluate plans and regulations under section 116G.10.
History: 1973 c 752 s 6; 1975 c 271 s 6; 1982 c 424 s 130; 1985 c 248 s 70

116G.07 PREPARATION, REVIEW, AND APPROVAL OF PLANS AND REGULATIONS.
    Subdivision 1. Preparation. (a) Within 30 days of receiving notification of the designation
of an area or areas of critical concern within its jurisdiction, the local unit of government shall
submit existing plans and regulations which deal with or affect the area or areas so designated to
the appropriate regional development commission or to the board if no regional development
commission has been established.
(b) If no plans or regulations exist, the local unit of government shall upon receiving
notification of the designation of an area or areas of critical concern within its jurisdiction:
(1) Within six months of said notification prepare plans and regulations for the designated
area or areas of critical concern and submit them to the appropriate regional development
commission for review; or
(2) Within 30 days of said notification request that the appropriate regional development
commission prepare plans and regulations for the area or areas of critical concern. Within six
months of receipt of such request, the regional development commission shall prepare said plans
and regulations and submit them to the board for review. If no regional development commission
has been established, the local unit of government may request that the board prepare plans and
rules for adoption by the local unit of government.
    Subd. 2. Review. Within 45 days of receiving plans and regulations from the local unit of
government under the provisions of subdivision 1, the regional development commission shall
review the plans and regulations to determine their consistency with regional objectives and the
provisions of the order designating the areas of critical concern and transmit its recommendations,
together with the plans and regulations, to the board.
    Subd. 3. Approval. (a) Within 45 days of receiving plans and regulations from the local
unit of government or a regional development commission, the board shall review the plans and
regulations to determine their consistency with the provisions of the order designating the area,
the recommendations of the regional development commission, and the review comments of
such state agencies as the board shall deem appropriate, and shall either approve the plans and
regulations by written order or return them to the local unit of government or regional development
commission for modification along with a written explanation of the need for modification.
(b) Plans and regulations which are returned to the local unit of government or regional
development commission for modification shall be revised consistent with the instructions of the
board and resubmitted to the board within 60 days of their receipt, provided that final revision
need not be made until a formal meeting has been held with the board on the plans and regulations
if requested by the local unit of government or regional development commission.
(c) Plans or regulations prepared pursuant to this section shall become effective when
enacted by the local unit of government or, following legislative or regional development
commission approval of the designation, upon such date as the board may provide in its order
approving said plans and regulations.
History: 1973 c 752 s 7; 1975 c 271 s 6; 1985 c 248 s 70

116G.08 EXCEPTIONS.
(a) If, in the opinion of the board, the local unit of government is making a conscientious
attempt to develop plans and regulations for the protection of a designated area or areas of critical
concern within its jurisdiction, but the scope of the project is of a magnitude that precludes the
completion, review, and adoption of the plans and regulations within the time limits established in
section 116G.07, the board may grant an appropriate extension of time.
(b) If the board determines that a designated area or areas of critical concern is of a size and
complexity that precludes the development of plans and regulations by a local unit of government
or a regional development commission, or that the development of plans and regulations requires
the assistance of the state, the board shall direct the appropriate state agency or agencies to assist
the local unit of government and the regional development commission in preparing the plans and
regulations in accordance with a time schedule established by the board.
History: 1973 c 752 s 8; 1975 c 271 s 6

116G.09 FAILURE TO PREPARE AND SUBMIT PLANS AND REGULATIONS.
    Subdivision 1. Board to adopt plans and rules. Except as otherwise provided in section
116G.08, if any local unit of government fails to prepare plans and regulations that are acceptable
to the board within one year of the order designating an area or areas of critical concern within its
jurisdiction, the board shall prepare and, after conducting a public hearing in the manner provided
in chapter 14 at a location convenient to those persons affected by such plans and regulations,
adopt such plans and rules applicable to that government's portion of the area of critical concern
as may be necessary to effect the purposes of sections 116G.01 to 116G.14. If such plans and
rules are adopted, they shall apply and be effective as if adopted by the local unit of government.
Notice of any proposed order issued under this section shall be given to all units of government
having jurisdiction over the area of critical concern.
    Subd. 2. Local ordinance. Plans and rules adopted by the board under this section shall be
administered by the local unit of government as if they were part of the local ordinance.
    Subd. 3. Subsequent submission. At any time after the preparation and adoption of plans
and rules by the board, a local unit of government may submit plans and regulations pursuant
to section 116G.07 which, if approved by the board as therein provided, supersede any plans
and rules adopted under this section.
    Subd. 4. Enforcement. If the board determines that the administration of the local plans
and regulations are inadequate to protect the state or regional interest, the board may institute
appropriate judicial proceedings to compel proper enforcement of the plans and regulations.
History: 1973 c 752 s 9; 1975 c 271 s 6; 1982 c 424 s 130; 1985 c 248 s 70

116G.10 UPDATING AND REEVALUATION OF PLANS AND REGULATIONS.
    Subdivision 1. Permissive resubmission. If a local unit of government finds it necessary
or desirable to amend or rescind plans and regulations that have been approved by the board, it
shall resubmit its plans and regulations, together with any recommended changes thereto, for
review and approval by the board.
    Subd. 2. Required resubmission. Two years from the initial date of the board's approval of
the plans and regulations of a local unit of government, or from the date of a review conducted
under the provisions of subdivision 1, the local unit of government shall resubmit its plans
and regulations, together with any recommended changes thereto, for review and approval by
the board.
    Subd. 3. Manner of approval. Approval of amendments or rescission shall become effective
only upon approval thereof by the board in the same manner as for approval of the original plans
and regulations as provided in section 116G.07.
History: 1973 c 752 s 10; 1975 c 271 s 6

116G.11 SUSPENSION OF DEVELOPMENT.
Except as provided in section 116G.12, upon the designation of an area of critical concern,
no local unit of government or state agency shall grant a development permit affecting any portion
of the area except as otherwise specified in the order designating the area.
History: 1973 c 752 s 11

116G.12 DEVELOPMENT PERMITS.
    Subdivision 1. Designation of area. If an area of critical concern has been designated by
the governor pursuant to section 116G.06, a local unit of government shall grant a development
permit only in accordance with the provisions of this section.
    Subd. 2. Restrictions on granting permit. If no plans and regulations for the area of critical
concern have been adopted under the provisions of section 116G.07, the local unit of government
shall grant a development permit only if
(a) the development is specifically permitted by the order designating the area of critical
concern or is essential to protect the public health, safety, or welfare because of an existing
emergency; and
(b) a local ordinance has been in effect immediately prior to the designation of the area of
critical concern and a development permit would have been granted thereunder.
    Subd. 3. Restrictions on development. If plans and regulations for an area of critical
concern have become effective under the provisions of section 116G.07, the local unit of
government shall permit development only in accordance with those plans and regulations.
    Subd. 4. Notification of board. The local unit of government shall notify the board of
(a) any application for a development permit in any area of critical concern for which no
plans or regulations have become effective under the provisions of section 116G.07; or
(b) any application for a special development permit in any area of critical concern for which
plans and regulations have become effective under the provisions of section 116G.07.
History: 1973 c 752 s 12; 1975 c 271 s 6

116G.13 PROTECTION OF LANDOWNERS' RIGHTS.
    Subdivision 1. Generally. Nothing in sections 116G.01 to 116G.14 authorizes any
governmental agency to adopt a rule or issue any order that is unduly restrictive or constitutes a
taking of real or personal property in violation of the constitution of this state or of the United
States.
    Subd. 2. No limitation of rights. Neither the designation of an area of critical concern nor
the adoption of any rules for such an area shall in any way limit or modify the rights of any
person to complete any development that has been authorized by registration and recordation of a
subdivision pursuant to state laws, or by a building permit or other authorization to commence
development on which there has been reliance and a change of position, and which registration or
recordation was accomplished, or which permit or authorization was issued prior to the date of
notice for public hearing as provided by section 116G.06. If a developer has by action in reliance
on prior rules obtained vested or other legal rights that in law would have prevented a local
government from changing those rules in a way adverse to the developer's interests, nothing in
sections 116G.01 to 116G.14 authorizes any governmental agency to abridge those rights.
History: 1973 c 752 s 13; 1985 c 248 s 70; 1986 c 444

116G.14 PLANNING GRANTS.
The board shall prepare guidelines for disbursing funds to local units of government or
regional development commissions for as much as 100 percent but not less than 50 percent of the
nonfederal cost of preparing and adopting plans and rules for areas of critical concern pursuant to
section 116G.07, for a period not to exceed five years from the date the legislature or regional
development commissions approve the designation of an area of critical concern.
History: 1973 c 752 s 14; 1975 c 271 s 6; 1985 c 248 s 70

116G.15 MISSISSIPPI RIVER CRITICAL AREA.
(a) 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. 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.
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.
(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.
History: 1991 c 303 s 8; 1994 c 639 art 6 s 1; 1995 c 254 art 1 s 71

116G.151 REQUIRED ENVIRONMENTAL ASSESSMENT WORKSHEET; FACILITIES
IN MISSISSIPPI RIVER AREA.
(a) Until completion of an environmental assessment worksheet that complies with the
rules of the Environmental Quality Board and this section, a state or local agency may not issue
a permit for construction or operation of a metal materials shredding project with a processing
capacity in excess of 20,000 tons per month that would be located in the Mississippi River critical
area, as described in section 116G.15, upstream from United States Corps of Engineers Lock and
Dam Number One.
(b) The Pollution Control Agency is the responsible governmental unit for the preparation of
an environmental assessment worksheet required under this section.
(c) In addition to the contents required under law and rule, an environmental assessment
worksheet completed under this section must also include the following major categories:
(1) effects of operation of the project, including vibrations and airborne particulates and dust,
on the Mississippi River;
(2) effects of operation of the project, including vibrations and airborne particulates and dust,
on adjacent businesses and on residents and neighborhoods;
(3) effects of operation of the project on barge and street traffic;
(4) discussion of alternative sites considered by the project proposer for the proposed project,
possible design modifications including site layout, and the magnitude of the project;
(5) mitigation measures that could eliminate or minimize any adverse environmental effects
of the proposed project;
(6) impact of the proposed project on the housing, park, and recreational use of the river;
(7) effects of waste and implication of the disposal of waste generated from the proposed
project;
(8) effects on water quality from the project operations, including wastewater generated from
operations of the proposed project;
(9) potential effects from fugitive emissions, fumes, dust, noise, and vibrations from project
operations;
(10) compatibility of the existing operation and proposed operation with other existing uses;
(11) the report of the expert required by paragraph (g).
(d) In addition to the publication and distribution provisions relating to environmental
assessment worksheets under law and rule, notice of environmental assessment worksheets
performed by this section shall also be published in a newspaper of general circulation as well as
community newspapers in the affected neighborhoods.
(e) A public meeting in the affected communities must be held on the environmental
assessment worksheet prepared under this section. After the public meeting on the environmental
assessment worksheet, there must be an additional 30-day period for review and comment on the
environmental assessment worksheet.
(f) If the Pollution Control Agency determines that information necessary to make a
reasonable decision about potential of significant environmental impacts is insufficient, the
agency shall make a positive declaration and proceed with an environmental impact statement.
(g) The Pollution Control Agency shall retain an expert in the field of toxicology who is
capable of properly analyzing the potential effects and content of any airborne particulates,
fugitive emissions, and dust that could be produced by a metal materials shredding project. The
Pollution Control Agency shall obtain any existing reports or documents from a governmental
entity or project proposer that analyzes or evaluates the potential hazards of airborne particulates,
fugitive emissions, or dust from the construction or operation of a metal materials shredding
project in preparing the environmental assessment worksheet. The agency and the expert shall
prepare, as part of the report, a risk assessment of the types of metals permitted to be shredded as
compared to the types of materials that are likely to be processed at the facility. In performing
the risk assessment, the agency and the expert must consider any actual experience at similar
facilities. The report must be included as part of the environmental assessment worksheet.
(h) If the Pollution Control Agency determines that under the rules of the Environmental
Quality Board an environmental impact statement should be prepared, the Pollution Control
Agency shall be the responsible governmental unit for preparation of the environmental impact
statement.
History: 1994 c 639 art 6 s 2