Agenda - Council Work Session - 01/21/2014

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(3) Mississippi River Corridor Critical Area (MRCCA) Rulemaking ISSUE: The Mississippi River Corridor Critical Area (MRCCA) is a 72 -mile corridor of the Mississippi River in Minnesota stretching from the cities of Ramsey and Dayton to Hastings established by Executive Order in 2009. The 2013 Minnesota Legislature authorized the Minnesota Department of Natural Resources (DNR) to commence rulemaking to update the minimum standards of the corridor. A similar rulemaking process was authorized in 2009; however, the legislative deadline to complete the process expired and updated rules and standards were never update. Common themes from resident feedback include a) protection for lawful, non - conforming structures; b) additional local control provided in decision - making process; and c) flexibility in vegetation management. These primary concerns are also present in existing standards. Based on resident feedback, Ramsey desires to see draft standards better supported by technical analysis while providing examples of current issues. The DNR is in the process of revising the draft rules in order "to be simplified and clarified to ease the administrative costs and ensure that key resource protections are enforceable" [excerpt taken from DNR website January 2, 2014]. The DNR has established several rulemaking goals moving forward: a) Maintain and improve water and resource protection; b) Better recognize existing and planned development; c) Increase flexibility for local governments; d) Limit rules to those that realistically achieve resource protection; and e) Simplify administration and clarify DNR evaluation criteria As a result of the extensive public input and feedback received from its residents, much of which are concerns with the existing minimum standards, the City of Ramsey supports reviewing the output of the next steps of the MRCCA Rulemaking Process (utilizing the feedback received from its residents as noted above) before determining if further legislative involvement is appropriate. The City of Ramsey also supports the ability of other local governments to maintain control over local land use decisions and level of participation in the rulemaking process as it sees appropriate. The City of Ramsey desires to amend its local ordinances that consolidate and streamline the administrative provisions of all its shoreland regulations (MRCCA, Wild and Scenic Rivers, & Shoreland) to create a clear and consistent process for all property owners, regardless of geographic area. This update would require approval by the DNR. The City of Ramsey also desires to amend its local ordinance to amend its existing land use classifications of the MRCCA to classifications that match the City's Comprehensive Plan and existing development patterns. The result would be the elimination of a number of existing, lawful, non - conforming lots. This update would require approval by the DNR. RAMSEY CITY COUNCIL RECOMMENDATION: The City does not support efforts to exempt Ramsey from Rulemaking effort until the City has a better understanding of the impacts of the Rulemaking effort are fully understood through a revised set of draft rules and response from our residents. The City would consider joining an exemption effort when the impacts of revised rules are better understood. 2014 City of Ramsey Legislative Platform