Agenda - Council Work Session - 01/11/2011

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CC Work Session Date: 01/11/2011 By: Tim Gladhill Community Development Information Title: Update on Mississippi River Corrdidor Critical Area (MRCCA) Rulemaking Background: The MRCCA, first established through Executive Order in 1976, and reaffirmed with Executive Order 79 -19 , establishes the following purposes: • To protect and preserve a unique and valuable state and region for the benefit of the health, safety and welfare of the citizens for the state, region, and nation; • To prevent and mitigate irreversible damage to this state, regional, and national resource; • To preserve and enhance its natural, aesthetic, cultural, and historical value for the public use; • To protect and preserve the river as an essential element in the national, state and regional transportation, sewer, and water and recreational systems; and • To protect and preserve biological and ecological functions of the corridor. The MRCCA extends 72 -miles from Dayton and Ramsey upstream to the confluence with the St. Croix River downstream and includes a district of varying width extending from the river. The Critical Area is also designated as the Mississippi National River and Recreation Area (MNRRA) as a unit of the National Park Service. The 2009 Minnesota Legislature directed the DNR to establish rules for (Laws 2009, Chapter 172, Article 2, Section 5(e) and Section 27 for the Mississippi River Corridor Critical Area (MRCCA). The Legislation revised portions of Chapter 116G, and specified that rulemaking must commence by January 15, 2010 and include 30 day advance notification to local government units (counties, cities, townships, etc.) within the MRCCA Minnesota Statutes Section 116G.15 requires the DNR to: • Establish, by rule, districts within the MRCCA including: • determining the appropriate number of districts within each municipality, • taking into account municipal plans and policies, and existing ordinances and conditions, and • considering protection of key, identified resources and features. • Establish, by rule, minimum guidelines and standards for the districts, which shall include: • the intent of each district and • key resources and features to be protected or enhanced. • And must take into account: • municipal plans and policies, and • existing ordinances and conditions. • The guidelines and standards must protect or enhance (specified) key resources and features. Item #: 2. 3. • Establish a map to define bluffs and bluff - related features within the Mississippi River corridor critical area, including: • a preliminary bluff map at the outset of the rulemaking process, • refining it as part of the process, and • adopt a final bluff map at the end of the process.