Agenda - Planning Commission - 02/02/2017

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Statutory Authority The statutory authority for all critical areas for the state of Minnesota is set out in Minn. Stat. Ch. 116G. Minn. Stat. §§ 116G.01 — 116G.14 comprise the "Critical Areas Act of 1973." These sections establish the general procedures for designating and administering Critical Areas. Section 116G.15 was added to Ch. 116G in 1991 to designate the MNRRA as a Minnesota State Critical Area. 1991, Ch. 303, §8, Minn. Laws (page 210) codified at Minn. Stat. § 116G.15, and supra at page 2 (for a discussion of the history of the M RCCA). Section 116G.15 sets out the parameters of the MRCCA program, including the scope and purpose of the MRCCA and the obligation of the commissioner to work cooperatively with the U.S. Army Corps of Engineers, the National Park Service, the Metropolitan Council, local governments and other agencies to assure that the MRCCA is managed as a multipurpose resource. Minn. Stat. § 116G.15, subd.3 (2015). The statute further provides for the establishment of districts within the MRCCA to protect natural, recreational and interpretive improvements; to protect the resources identified in the MNRRA Comprehensive Management Plan; to protect the use of the Mississippi River as a source of drinking water; to assure management of the river corridor consistent with its natural characteristics, its existing development and its consideration for new development; and to protect identified scenic, geologic, and ecological resources. Minn. Stat. § 116G.15, subd. 3 (2015). The statute directs the commissioner to adopt standards and guidelines for the management of each district that enhance and protect key enumerated statutorily identified resources and features. Minn. Stat. § 116G.15, subd. 4 (2015). Section 116G.15, subd. 7 authorizes the DNR to adopt rules for the MRCCA and to commence the rulemaking process on or before January 15, 2010.3 Minn. Stat. § 116G.15, subd. 7 (2015). Specifically, the statute provides that: • The DNR, after consultation with affected local governments within the MRCCA, may adopt rules under chapter 14 as necessary for the administration of the MRCCA program, any duties of the EQB referenced in the chapter, rules, and Executive Order 79-19 within the MRCCA are transferred to the commissioner. Minn. Stat. § 116G.15, subd.2; • The DNR shall establish, by rule, districts within the MRCCA. Minn. Stat. § 116G.15, subd. 3; and • The DNR shall establish, by rule, minimum guidelines and standards for the districts to protect key resources and features, including commercial, industrial, and residential resources within the MRCCA. Minn. Stat. § 116.15, subd. 4. 3 This rule making requirement is specifically exempted from the requirements of Minn. Stat. § 14.125 (2015). 8