Bill Text: MN HF1782 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Mississippi River Corridor Critical Area provisions and rulemaking modified.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-04-16 - Author added Mariani [HF1782 Detail]
Download: Minnesota-2013-HF1782-Introduced.html
1.2relating to natural resources; modifying Mississippi River Corridor Critical Area
1.3provisions; modifying rulemaking;amending Minnesota Statutes 2012, section
1.4116G.15, subdivisions 2, 3, 4, 7.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 116G.15, subdivision 2, is amended to read:
1.7 Subd. 2. Administration; duties. (a) The commissioner of natural resources may
1.8adopt rules under chapter 14 as are necessary for the administration of the Mississippi
1.9River corridor critical area program. Duties of the Environmental Quality Council
1.10or the Environmental Quality Board referenced in this chapter, related rules, and the
1.11governor's Executive Order No. 79-19, published in the State Register on March 12, 1979,
1.12that are related to the Mississippi River corridor critical area shall be the duties of the
1.13commissioner. All rules adopted by the board pursuant to these duties remain in effect
1.14and shall be enforced until amended or repealed by the commissioner in accordance with
1.15law. The commissioner shall work in consultation with the United States Army Corps of
1.16Engineers, the National Park Service, the Metropolitan Council, other agencies, and local
1.17units of government to ensure that the Mississippi River corridor critical area is managed
1.18as a multipurpose resource in a way that:
1.19(1) conserves the scenic, environmental, recreational, mineral, economic, cultural,
1.20and historic resources and functions of the river corridor;
1.21(2) maintains the river channel for transportation by providing and maintaining
1.22barging and fleeting areas in appropriate locations consistent with the character of the
1.23Mississippi River and riverfront;
2.1(3) provides for the continuation anddevelopment redevelopment of a variety
2.2of urban uses, including industrial and commercial uses, and residential uses, where
2.3appropriate, within the Mississippi River corridor;
2.4(4) utilizes certain reaches of the river as a source of water supply and as a receiving
2.5water for properly treated sewage, storm water, and industrial waste effluents; and
2.6(5) protects and preserves the biological and ecological functions of the corridor.
2.7(b) The Metropolitan Council shall incorporate the standards developed under
2.8this section into its planning and shall work with local units of government and the
2.9commissioner to ensure the standards are being adopted and implemented appropriately.
2.10(c) The rules must be consistent with residential nonconformity provisions under
2.11sections394.36 and
462.357 .
2.12 Sec. 2. Minnesota Statutes 2012, section 116G.15, subdivision 3, is amended to read:
2.13 Subd. 3. Districts. The commissioner shall establish, by rule, districts within
2.14the Mississippi River corridor critical area. The commissioner must seek to determine
2.15an appropriate number of districts within any one municipality and take into account
2.16municipal plans and policies, and existing ordinances and conditions. The commissioner
2.17shall consider the following when establishing the districts:
2.18(1) the protection of the major features of the river in existence as of March 12, 1979;
2.19(2) (1) the protection of improvements such as parks, trails, natural areas,
2.20recreational areas, and interpretive centers;
2.21(3) (2) the use of the Mississippi River as a source of drinking water;
2.22(4) (3) the protection of resources identified in the Mississippi National River and
2.23Recreation Area Comprehensive Management Plan;
2.24(5) (4) the protection of resources identified in comprehensive plans developed by
2.25counties, cities, and towns within the Mississippi River corridor critical area; and
2.26(6) the intent of the Mississippi River corridor critical area land use districts from
2.27the governor's Executive Order No. 79-19, published in the State Register on March
2.2812, 1979; and
2.29(7) (5) identified scenic, geologic, and ecological resources.
2.30 Sec. 3. Minnesota Statutes 2012, section 116G.15, subdivision 4, is amended to read:
2.31 Subd. 4. Standards. (a) The commissioner shall establish, by rule, minimum
2.32guidelines and standards for the districts established in subdivision 3. The guidelines and
2.33standards for each district shall include the intent of each district and key resources and
2.34features to be protected or enhanced based upon paragraph (b). The commissioner must
3.1take into account municipal plans and policies, and existing ordinances and conditions
3.2when developing the guidelines in this section. The commissioner may provide certain
3.3exceptions and criteria for standards, including, but not limited to, exceptions for river
3.4access facilities, water supply facilities, storm water facilities, and wastewater treatment
3.5facilities, and hydropower facilities.
3.6(b) The guidelines and standards must protect or enhance the following key
3.7resources and features:
3.8(1) floodplains;
3.9(2) wetlands;
3.10(3) gorges;
3.11(4) areas of confluence with key tributaries;
3.12(5) natural drainage routes;
3.13(6) shorelines and riverbanks;
3.14(7) bluffs;
3.15(8) steep slopes and very steep slopes;
3.16(9) unstable soils and bedrock;
3.17(10) significant existing vegetative stands, tree canopies, and native plant
3.18communities;
3.19(11) scenic views and vistas;
3.20(12) publicly owned parks, trails, and open spaces;
3.21(13) cultural and historic sites and structures; and
3.22(14) water quality.
3.23(c) The commissioner shall establish a map to define bluffs and bluff-related features
3.24within the Mississippi River corridor critical area. At the outset of the rulemaking process,
3.25the commissioner shall create a preliminary map of all the bluffs and bluff lines within
3.26the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The
3.27rulemaking process shall provide an opportunity to refine the preliminary bluff map. The
3.28commissioner may add to or remove areas of demonstrably unique or atypical conditions
3.29that warrant special protection or exemption. At the end of the rulemaking process, the
3.30commissioner shall adopt a final bluff map that contains associated features, including
3.31bluff lines, bases of bluffs, steep slopes, and very steep slopes.
3.32(d) The following guidelines shall be used by the commissioner to create a
3.33preliminary bluff map as part of the rulemaking process:
3.34(1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A
3.35high, steep, natural topographic feature such as a broad hill, cliff, or embankment with
4.1a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff
4.2base and the bluff line;
4.3(2) "bluff line" means a line delineating the top of a slope connecting the points
4.4at which the slope becomes less than 18 percent. More than one bluff line may be
4.5encountered proceeding upslope from the river valley;
4.6(3) "base of the bluff" means a line delineating the bottom of a slope connecting
4.7the points at which the slope becomes 18 percent or greater. More than one bluff base
4.8may be encountered proceeding landward from the water;
4.9(4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural
4.10topographic features with an average slope of 12 to 18 percent measured over a horizontal
4.11distance of 50 feet or more; and
4.12(5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are
4.13natural topographic features with an average slope of 18 percent or greater, measured over
4.14a horizontal distance of 50 feet or more.
4.15 Sec. 4. Minnesota Statutes 2012, section 116G.15, subdivision 7, is amended to read:
4.16 Subd. 7. Rules. The commissioner shall adopt rules to ensure compliance with this
4.17section.By January 15, 2010, the commissioner shall begin the rulemaking required by
4.18this section under chapter 14. Notwithstanding sections 14.125 and 14.128, the authority
4.19to adopt these rules does not expire.
4.20EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
1.3provisions; modifying rulemaking;amending Minnesota Statutes 2012, section
1.4116G.15, subdivisions 2, 3, 4, 7.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 116G.15, subdivision 2, is amended to read:
1.7 Subd. 2. Administration; duties. (a) The commissioner of natural resources may
1.8adopt rules under chapter 14 as are necessary for the administration of the Mississippi
1.9River corridor critical area program. Duties of the Environmental Quality Council
1.10or the Environmental Quality Board referenced in this chapter, related rules, and the
1.11governor's Executive Order No. 79-19, published in the State Register on March 12, 1979,
1.12that are related to the Mississippi River corridor critical area shall be the duties of the
1.13commissioner. All rules adopted by the board pursuant to these duties remain in effect
1.14and shall be enforced until amended or repealed by the commissioner in accordance with
1.15law. The commissioner shall work in consultation with the United States Army Corps of
1.16Engineers, the National Park Service, the Metropolitan Council, other agencies, and local
1.17units of government to ensure that the Mississippi River corridor critical area is managed
1.18as a multipurpose resource in a way that:
1.19(1) conserves the scenic, environmental, recreational, mineral, economic, cultural,
1.20and historic resources and functions of the river corridor;
1.21(2) maintains the river channel for transportation by providing and maintaining
1.22barging and fleeting areas in appropriate locations consistent with the character of the
1.23Mississippi River and riverfront;
2.1(3) provides for the continuation and
2.2of urban uses, including industrial and commercial uses, and residential uses, where
2.3appropriate, within the Mississippi River corridor;
2.4(4) utilizes certain reaches of the river as a source of water supply and as a receiving
2.5water for properly treated sewage, storm water, and industrial waste effluents; and
2.6(5) protects and preserves the biological and ecological functions of the corridor.
2.7(b) The Metropolitan Council shall incorporate the standards developed under
2.8this section into its planning and shall work with local units of government and the
2.9commissioner to ensure the standards are being adopted and implemented appropriately.
2.10(c) The rules must be consistent with residential nonconformity provisions under
2.11sections
2.12 Sec. 2. Minnesota Statutes 2012, section 116G.15, subdivision 3, is amended to read:
2.13 Subd. 3. Districts. The commissioner shall establish, by rule, districts within
2.14the Mississippi River corridor critical area. The commissioner must seek to determine
2.15an appropriate number of districts within any one municipality and take into account
2.16municipal plans and policies, and existing ordinances and conditions. The commissioner
2.17shall consider the following when establishing the districts:
2.18
2.19
2.20recreational areas, and interpretive centers;
2.21
2.22
2.23Recreation Area Comprehensive Management Plan;
2.24
2.25counties, cities, and towns within the Mississippi River corridor critical area; and
2.26
2.27
2.28
2.29
2.30 Sec. 3. Minnesota Statutes 2012, section 116G.15, subdivision 4, is amended to read:
2.31 Subd. 4. Standards. (a) The commissioner shall establish, by rule, minimum
2.32guidelines and standards for the districts established in subdivision 3. The guidelines and
2.33standards for each district shall include the intent of each district and key resources and
2.34features to be protected or enhanced based upon paragraph (b). The commissioner must
3.1take into account municipal plans and policies, and existing ordinances and conditions
3.2when developing the guidelines in this section. The commissioner may provide certain
3.3exceptions and criteria for standards, including, but not limited to, exceptions for river
3.4access facilities, water supply facilities, storm water facilities, and wastewater treatment
3.5facilities, and hydropower facilities.
3.6(b) The guidelines and standards must protect or enhance the following key
3.7resources and features:
3.8(1) floodplains;
3.9(2) wetlands;
3.10(3) gorges;
3.11(4) areas of confluence with key tributaries;
3.12(5) natural drainage routes;
3.13(6) shorelines and riverbanks;
3.14(7) bluffs;
3.15(8) steep slopes and very steep slopes;
3.16(9) unstable soils and bedrock;
3.17(10) significant existing vegetative stands, tree canopies, and native plant
3.18communities;
3.19(11) scenic views and vistas;
3.20(12) publicly owned parks, trails, and open spaces;
3.21(13) cultural and historic sites and structures; and
3.22(14) water quality.
3.23
3.24
3.25
3.26
3.27
3.28
3.29
3.30
3.31
3.32
3.33
3.34
3.35
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
4.15 Sec. 4. Minnesota Statutes 2012, section 116G.15, subdivision 7, is amended to read:
4.16 Subd. 7. Rules. The commissioner shall adopt rules to ensure compliance with this
4.17section.
4.18
4.19to adopt these rules does not expire.
4.20EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
