Mississippi River Corridor Critical Area Rulemaking Proposed

The Minnesota Department of Natural Resources (MDNR) is considering developing rules governing the Mississippi River Corridor Critical Area (MRCCA). These rules would establish districts within the MRCCA and establish minimum guidelines and minimum standards for development within the districts. The rulemaking would develop new language in Chapter 6120, but also may modify existing language in Chapter 4410.

The rules are expected to provide for management of the MRCCA as a multi-purpose resource in a way that:

• Conserves scenic, environmental recreational, mineral, economic, cultural, and historic resources and functions;
• Maintains the river channel for transportation including barging and fleeting areas; provides for continuation and development of a variety of urban uses, including industrial, commercial and residential;
• Uses the river for water supply and receiving water for properly treated sewage, stormwater, and industrial waste effluents; and
• Protects biological and ecological functions of the corridor.
  

The proposed rules will establish minimum guidelines and standards for development in the districts; and will clarify the intent of each district. The DNR expects the guidelines and standards will address a number of key resources and features specified in the authorizing statute: floodplains; wetlands; gorges; areas of confluence with key tributaries; natural drainage routes; shorelines and riverbanks; bluffs; steep slopes and very steep slopes; unstable soils and bedrock; significant existing vegetative stands, tree canopies, and native plant communities; scenic views and vistas; publicly owned parks, trails, and open spaces; cultural and historic sites and structures, and water quality. The Department may provide exceptions for a number of developments, including infrastructure, hydropower, and water access.

These rules would likely affect the following persons and organizations within the MRCCA: most property owners, institutions, developers, and businesses; recreational facility users; water-oriented businesses, facilities, and navigation interests on the Mississippi River; utility providers; all local governmental units (cities, towns, and counties); state and regional agencies and institutions with facilities or property interests (such as the Metropolitan Council, Department of Natural Resources, Department of Transportation, Metropolitan Airports Commission, University of Minnesota, Saint Paul Port Authority, Minnesota Historical Society, and federal agencies such as the National Park Service, and U.S. Army Corps of Engineers.

The DNR has invited interested persons or groups to submit comments or information on these possible rules until March 22, 2010. The Department plans to appoint one or more advisory committees to comment on the possible rules during rule development.

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