Mississippi River Corridor Critical Area Minor Rulemaking

Mississippi River

On December 31, 2018 the DNR concluded a minor rulemaking with publication of the updated rules in the State Register. This rulemaking made a technical change to update the definition of "River Corridor Boundary" in Minnesota Rules, part 6016.0050, subpart 64, for the Mississippi River Corridor Critical Area rule that took effect on January 4, 2017. The DNR recently identified minor technical errors in the original legal description created by Executive Order 79-19 and published in the State Register on March 12, 1979 (Volume 3, pages 1681 - 1691). The DNR published a complete corrected legal description in the November 5, 2018 State Register (43 SR 508). The sole purpose of this rulemaking is to update the rule to reference the corrected November 2018 legal description publication instead of the incorrect 1979 publication.

A summary and explanation of the legal description corrections can be found in the Explanation of Legal Description Corrections.

The rulemaking was conducted according to Minnesota Statutes 14.388. This type of rulemaking is used for rule changes that do not alter the sense, meaning, or effect of a rule. In this case, updating the reference in the MRCCA rules to the November 5, 2018 State Register publication containing the corrected legal description does not affect the boundary as it had been used to administer MRCCA plans and ordinances for the past 39 years. No other changes to the MRCCA rules adopted on January 4, 2017, were included in this rulemaking.

The rulemaking process included these steps:

  • The DNR submited a "notice" of submission to the Office of Administrative Hearings (OAH) on November 27, 2018, starting the rulemaking process.
  • The DNR emailed and mailed the notice of submission to interested parties.
  • Interested parties had five working days through December 4, 2018 to submit comments to OAH (no public hearing) through their e-comments site. No comments were submitted.
  • The Administrative Law Judge approved the rule after December 11, 2018.
  • The adopted rule was published in the State Register on December 31, 2018.

Please see Rulemaking by the DNR for more information.