Agenda - Environmental Policy Board - 08/04/2014

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Introduction & MRCCA Rulemaking Background The MRCCA is a unique land corridor along the Mississippi River within the seven - county metro area. The corridor is 72 miles long, 54,000 acres in area, and within the jurisdiction of 30 local governments (LGUs). Land development in the corridor is guided by state regulations, which are currently implemented through local plans and ordinances that are reviewed and approved by the DNR. The Metropolitan Council works with the DNR to review plans and ordinances. The MRCCA was established in the 1970s by Executive Order, a type of state regulation that cannot be readily changed or updated. Over the last decade, it has become increasingly challenging for the state and local governments to administer regulations under the Executive Order because it: • does not provide DNR with clear criteria for evaluating local plans and ordinances, • limits redevelopment and reinvestment in the corridor, • is complex and costly to administer, • provides inadequate resource protection due to vague and outdated language, and • requires that numerous and often conflicting resources and functions be conserved (scenic, environmental, mineral, economic, cultural, and historic) but does not prioritize among them. In 2009, the Minnesota Legislature directed the DNR to establish rules for the MRCCA. The DNR undertook an extensive participation process from 2009 -2010 that resulted in the "2011 draft rules." At the conclusion of the process, the previous administration did not support the proposed rules, and local concern and opposition to the rulemaking was growing. As a result, the rulemaking process halted in 2011 and the DNR's statutory authority to do rulemaking expired. In 2013, the Legislature restored DNR's rulemaking authority and made changes to the statutory language guiding rule development, with greater emphasis on addressing local government concerns and consideration of existing and potential new development. The DNR established the following goals to guide this new rulemaking effort: • maintain and improve water quality and habitat, • better recognize existing and planned development, • increase flexibility for local governments, • focus on rules that best achieve resource protection, and • simplify administration and clarify language. Rulemaking Schedule Phase 1: LGU Review During Phase I of the rulemaking schedule (Figure 1), consultation with LGUs was the primary focus of DNR's renewed rulemaking effort. Over the past ten months, DNR staff has met individually with each LGU's staff /officials and three times with a group of LGUs convened by Metro Cities, with multiple follow -up calls and meetings. The DNR has also met with the Metropolitan Council and National Park Service, as well as with several groups representing environmental and development interests.