Agenda - Planning Commission - 02/02/2017

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The DNR launched this new rulemaking effort in 2013 shortly after the close of the legislative session. The DNR again met with local governments (individually and in groups), other agencies, and interest groups to discuss the draft rules created in 2011 and to obtain input on the new draft rules. A status report on the rulemaking process was provided to the Legislature in January 2014. After consultation with local government, other agencies, and interest groups, the DNR extensively revised the 2011 draft rules, creating "working draft rules." In June 2014, the DNR published a second Request for Comments, asking for input on these working draft rules. During this comment period the DNR held three public information meetings and met with numerous local governments and interest groups to receive input on the working draft rules. The informal comment period closed in September 2014. Based on input received during this period, the DNR made additional revisions to the working draft rules and produced a final draft of the proposed MRCCA rules. Summary of MRCCA Designation & Rulemaking 1973 Minnesota passes Critical Areas Act of 1973. Minn. Stat. §§ 116G.01 — 116G.14 (1973) EQB adopts rules to implement Act. Minn. R. 4410.8100 — 4410.9910. 1976 Governor Wendell Anderson designates 72-mile stretch of the Mississippi River through the metro area and its adjacent corridor a Critical Area. Executive Order 130. (Exhibit A) 1979 Governor Albert Quie continues the designation. Executive Order 79-19. (Exhibit B) Metropolitan Council acts to make designation permanent. Metropolitan Council Resolution 79- 48. (Exhibit C) 1988 Congress establishes the Mississippi National River and Recreational Area (MNRRA) as unit of NPS (MNRRA shares same boundary as MRCCA). 16 U.S.C. §460 zz (a). 1991 MNRRA designated a state critical area per Critical Areas Act. Minn. Stat. § 116G.15 (1991). 1995 Governor Arne Carlson shifts administrative responsibility for the MRCCA from EQB to DNR. Reorganization Order 170. (Exhibit D) 2007 Legislature directs DNR to prepare report on the MRCCA. DNR Report to Legislature, January 2008. (Exhibit E) 2009 Legislature amends MN Statutes, § 116G.15 and directs DNR to conduct rulemaking for the MRCCA. 2009, ch. 172, art. 2, §27, subd. 4, 2009 Minn. Laws (pages 2484-2485) codified at Minn. Stat. § 116G.15 (2009). 2011 DNR develops draft rule after participatory stakeholder process, but rulemaking authority lapses pursuant to Minn. Stat. § 14.125. 2013 Legislature directs DNR to resume rulemaking process in consultation with local governments. 2013, ch. 137, art. 2, § 18-21, 2013 Minn. Laws (pages 2327-2329), codified at Minn. Stat. § 116G. 15 (2015). 2014 DNR prepares report to Legislature on goals and status of rulemaking. DNR Report to Legislature, January 2014. (Exhibit F) 5