Mississippi River Corridor Critical Area (MRCCA) Rulemaking Project

• MRCCA Rulemaking Process
• Frequently Asked Questions
• Rulemaking Background
• History of MRCCA
• Requests for Comments
• MRCCA Rulemaking Fact Sheets
• Proposed Districts
• Preliminary Draft Standards
• Draft Administrative Provisions
• Related Reports & Links
• MRCCA Project Newsletters

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MRCCA Rulemaking Process and Status

In 2009, the Minnesota Legislature directed the DNR to establish rules for the MRCCA. In an effort to develop comprehensive draft rules, the DNR involved stakeholders and the public in an extensive participation process. At the outset of rulemaking, the DNR established a project website and listserv, notified all 30 local government units (LGUs) with jurisdiction in the MRCCA of the rulemaking and asked for their assistance in notifying residents and identifying stakeholders, and published the Request for Comments. DNR staff visited with staff and officials from each LGU to learn from their experience in administering MRCCA plans and regulations, and convened four geographically focused work groups representing a broad array of interests and perspectives to provide input during rule development. The DNR also worked with other agencies and held two public open houses to get feedback on draft districts and standards.

The result of this collaborative effort is a draft rule package and that is up-to-date, relevant, and easier to administer than the existing 30-year old Executive Order. The DNR's authority to take the draft rules to formal hearing/rulemaking has since expired; while the DNR has no plans to move forward with the rulemaking at this time, the draft rules  are available here for public view.

The legislature did not prescribe a deadline for completing the rulemaking, although Chapter 14  includes deadlines for many of the rulemaking steps. Funding was provided for the 2010-2011 biennium.

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Frequently Asked Questions

Frequently Asked Questions

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Rulemaking Background

The 2009 Minnesota Legislature directed the DNR to establish rules for (Laws 2009, Chapter 172, Article 2, Section 5(e)  and Section 27 ) for the Mississippi River Corridor Critical Area (MRCCA). The Legislation revised portions of Chapter 116G, and specified that rulemaking must commence by January 15, 2010 and include 30 day advance notification to local government units (counties, cities, townships, etc.) within the MRCCA. Minnesota Statutes Section 116G.15  requires the DNR to:

• establish, by rule, districts within the MRCCA including:
  • determining the appropriate number of districts within each municipality,
  • taking into account municipal plans and policies, and existing ordinances and conditions, and
  • considering protection of key, identified resources and features.
• establish, by rule, minimum guidelines and standards for the districts, which shall include:
  • the intent of each district and
  • key resources and features to be protected or enhanced.
• and must take into account:
  • municipal plans and policies, and
  • existing ordinances and conditions.
• The guidelines and standards must protect or enhance (specified) key resources and features.
• establish a map to define bluffs and bluff-related features within the Mississippi River corridor critical area, including:
  • a preliminary bluff map at the outset of the rulemaking process,
  • refining it as part of the process, and
  • adopt a final bluff map at the end of the process.

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History of MRCCA

The MRCCA, first established through Executive Order in 1976, and reaffirmed with Executive Order 79-19 , establishes the following purposes:

1. To protect and preserve a unique and valuable state and region for the benefit of the health, safety and welfare of the citizens for the state, region, and nation;
2. To prevent and mitigate irreversible damage to this state, regional, and national resource;
3. To preserve and enhance its natural, aesthetic, cultural, and historical value for the public use;
4. To protect and preserve the river as an essential element in the national, state and regional transportation, sewer, and water and recreational systems; and
5. To protect and preserve biological and ecological functions of the corridor.

The MRCCA extends 72-miles from Dayton and Ramsey upstream to the confluence with the St. Croix River downstream and includes a district of varying width extending from the river. The Critical Area is also designated as the Mississippi National River and Recreation Area (MNRRA)  as a unit of the National Park Service. The boundaries are shown in the Critical Area/MNRRA Corridor Map page. The MRCCA map above illustrates communities and corridor districts within the MRCCA.

For GIS users, shapefiles of the MRCCA and districts are available from the DNR Data Deli.

Additional detail regarding the history and purpose of the MRCCA can be found in the Mississippi River Critical Area Program page.

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Requests for Comments

The Request for Comments (RFC) was published on December 14, 2009. A copy of the RFC can be obtained here  or can be viewed in the State Register.

Summary of Comments received during the Request for Comment Period 

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MRCCA Rulemaking Fact Sheets

Mississippi River Critical Corridor Area Rulemaking Overview 
(December 2009)

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Proposed Districts

 

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Preliminary Draft Standards

Below is a feedback form for interested parties to provide commentary on preliminary draft standards.

Mississippi River Corridor Critical Area (MRCCA) Rulemaking Project Feedback Form 

 

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Draft Administrative Provisions

Draft administrative provisions of the MRCCA rule were reviewed at the 4th work group meetings. The handout below is unedited from the one provided at the meeting. The draft administrative provisions provide details on roles and responsibilities, policies and procedures for how the MRCCA rules are proposed to be administered on a state and local level, as well as draft definitions. Note that these provisions have since been revised in the draft rules based on input from work group members, LGUs, other agencies, and the public.

• Preliminary Draft Rule Content - Administrative Provisions

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Related Reports and Links

• MN Statutes, Chapter 116G 
• Executive Order 130, 130A, 130B  
• Executive Order 79-19  
• Metropolitan Council Resolution 79-48 
• Reorganization order 170 
• MNRRA Designation as State Critical Area in 1991 
  (see Section 8)
• Minnesota Laws 2009, Chapter 172, Article 2, Section 5(e)  and Section 27 
• Mississippi River Corridor Critical Area Communities Survey 
  (December, 2007)
• Mississippi River Corridor Critical Area - Report to Legislature 
  (January 2008)

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MRCCA Project Newsletters

• December 2010 
• October 2010 
• July 2010 
• May 2010 
• March 2010 
• January 2010 

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Questions?

• Dan Petrik, Land Use Specialist, (651) 259-5697, Daniel.Petrik@state.mn.us