116G.15 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA.
The federal Mississippi National River and Recreation Area established pursuant to United States Code, title 16, section 460zz-2(k), is designated an area of critical concern in accordance with this chapter. The purpose of the designation is to:
(1) protect and preserve the Mississippi River and adjacent lands that the legislature finds to be unique and valuable state and regional resources for the benefit of the health, safety, and welfare of the citizens of the state, region, and nation;
(2) prevent and mitigate irreversible damages to these state, regional, and natural resources;
(3) preserve and enhance the natural, aesthetic, cultural, and historical values of the Mississippi River and adjacent lands for public use and benefit;
(4) protect and preserve the Mississippi River as an essential element in the national, state, and regional transportation, sewer and water, and recreational systems; and
(5) protect and preserve the biological and ecological functions of the Mississippi River corridor.
(a) The commissioner of natural resources, after consultation with affected local units of government within the Mississippi River Corridor Critical Area, may adopt rules under chapter 14 as are necessary for the administration of the Mississippi River Corridor Critical Area program. Duties of the Environmental Quality Council or the Environmental Quality Board referenced in this chapter, related rules, and the governor's Executive Order No. 79-19, published in the State Register on March 12, 1979, that are related to the Mississippi River Corridor Critical Area shall be the duties of the commissioner. All rules adopted by the board pursuant to these duties remain in effect and shall be enforced until amended or repealed by the commissioner in accordance with law. The commissioner shall work in consultation with the United States Army Corps of Engineers, the National Park Service, the Metropolitan Council, other agencies, and local units of government to ensure that the Mississippi River Corridor Critical Area is managed as a multipurpose resource in a way that:
(1) conserves the scenic, environmental, recreational, mineral, economic, cultural, and historic resources and functions of the river corridor;
(2) maintains the river channel for transportation by providing and maintaining barging and fleeting areas in appropriate locations consistent with the character of the Mississippi River and riverfront;
(3) provides for the continuation, development, and redevelopment of a variety of urban uses, including industrial and commercial uses, and recreational and residential uses, where appropriate, within the Mississippi River corridor;
(4) utilizes certain reaches of the river as a source of water supply and as a receiving water for properly treated sewage, stormwater, and industrial waste effluents; and
(5) protects and preserves the biological and ecological functions of the corridor.
(b) The Metropolitan Council shall incorporate the standards developed under this section into its planning and shall work with local units of government and the commissioner to ensure the standards are being adopted and implemented appropriately.
(c) The rules must be consistent with residential nonconformity provisions under sections 394.36 and 462.357.
The commissioner shall establish, by rule, districts within the Mississippi River Corridor Critical Area. The commissioner must seek to determine an appropriate number of districts within any one municipality and take into account municipal plans and policies, and existing ordinances and conditions. The commissioner shall consider the following when establishing the districts:
(1) the protection of improvements such as parks, trails, natural areas, recreational areas, and interpretive centers;
(2) the use of the Mississippi River as a source of drinking water;
(3) the protection of resources identified in the Mississippi National River and Recreation Area Comprehensive Management Plan;
(4) the protection of resources identified in comprehensive plans developed by counties, cities, and towns within the Mississippi River Corridor Critical Area;
(5) management of the river corridor consistent with its natural characteristics and its existing development and in consideration of potential new commercial, industrial, and residential development; and
(6) identified scenic, geologic, and ecological resources.
(a) The commissioner shall establish, by rule, minimum guidelines and standards for the districts established in subdivision 3. The guidelines and standards for each district shall include the intent of each district and key resources and features to be protected or enhanced based upon paragraph (b). The commissioner must take into account municipal plans and policies, and existing ordinances and conditions when developing the guidelines in this section. The commissioner may provide certain exceptions and criteria for standards, including, but not limited to, exceptions for river access facilities, water supply facilities, stormwater facilities, and wastewater treatment facilities, and hydropower facilities.
(b) The guidelines and standards must protect or enhance the following key resources and features:
(1) floodplains;
(2) wetlands;
(3) gorges;
(4) areas of confluence with key tributaries;
(5) natural drainage routes;
(6) shorelines and riverbanks;
(7) bluffs;
(8) steep slopes and very steep slopes;
(9) unstable soils and bedrock;
(10) significant existing vegetative stands, tree canopies, and native plant communities;
(11) scenic views and vistas;
(12) publicly owned parks, trails, and open spaces;
(13) cultural and historic sites and structures;
(14) water quality; and
(15) commercial, industrial, and residential resources.
The standards established under this section shall be used:
(1) by local units of government when preparing or updating plans or modifying regulations;
(2) by state and regional agencies for permit regulation and in developing plans within their jurisdiction;
(3) by the Metropolitan Council for reviewing plans and regulations; and
(4) by the commissioner when approving plans and regulations, and reviewing development permit applications.
A local unit of government or a regional or state agency shall notify the commissioner of natural resources of all developments in the corridor that require discretionary actions under their rules at least ten days before taking final action on the application. The commissioner may establish exemptions from the notification requirement for certain types of applications. For purposes of this section, a discretionary action includes all actions that require a public hearing, including variances, conditional use permits, and zoning amendments.
The commissioner shall adopt rules to ensure compliance with this section. By January 15, 2010, the commissioner shall begin the rulemaking required by this section under chapter 14. Notwithstanding sections 14.125 and 14.128, the authority to adopt these rules does not expire.
(a) In the Mississippi River Corridor Critical Area, the commissioner of natural resources is responsible for carrying out the duties of the board and the Metropolitan Council is responsible for carrying out the duties of the regional development commission under sections 116G.07 to 116G.10. Notwithstanding sections 116G.07, subdivisions 2 and 3, and 116G.10, subdivision 3, the responsibilities and procedures for reviewing and approving local plans and regulations in the Mississippi River Corridor Critical Area, and amendments thereto, are subject to this subdivision.
(b) Within 60 days of receiving a draft plan from a local unit of government, the commissioner, in coordination with the Metropolitan Council, must review the plan to determine the plan's consistency with:
(1) this section;
(2) Minnesota Rules, chapter 6106; and
(3) the local unit of government's comprehensive plan.
(c) Within 60 days of receiving draft regulations from a local unit of government, the commissioner must review the regulations to determine the regulations' consistency with:
(1) Minnesota Rules, chapter 6106; and
(2) the commissioner-approved plan adopted by the local unit of government under paragraph (b).
(d) Upon review of a draft plan and regulations under paragraphs (b) and (c), the commissioner must:
(1) conditionally approve the draft plan and regulations by written decision; or
(2) return the draft plan and regulations to the local unit of government for modification, along with a written explanation of the need for modification.
(i) When the commissioner returns a draft plan and regulations to the local unit of government for modification, the local unit of government must revise the draft plan and regulations within 60 days after receiving the commissioner's written explanation and must resubmit the revised draft plan and regulations to the commissioner.
(ii) The Metropolitan Council and the commissioner must review the revised draft plan and regulations upon receipt from the local unit of government as provided under paragraphs (b) and (c).
(iii) If the local unit of government or the Metropolitan Council requests a meeting, a final revision need not be made until a meeting is held with the commissioner on the draft plan and regulations. The request extends the 60-day time limit specified in item (i) until after the meeting is held.
(e) Only plans and regulations receiving final approval from the commissioner have the force and effect of law. The commissioner must grant final approval under this section only if:
(1) the plan is an element of a comprehensive plan that is authorized by the Metropolitan Council according to sections 473.175 and 473.858; and
(2) the local unit of government adopts a plan and regulations that are consistent with the draft plan and regulations conditionally approved under paragraph (d).
(f) The local unit of government must implement and enforce the commissioner-approved plan and regulations after the plan and regulations take effect.