500 river supporters weigh in! Critical Area rulemaking coming to a close
There's nothing quite like a chorus of citizen voices helping to protect the public values of the river.
In early December, FMR sent a petition to Minnesota Department of Natural Resources Commissioner Mark Holsten asking for strong and robust rules for the Mississippi River Critical Area. Signed by 471 people from 115 Minnesota cities, the petition urged the commissioner to adopt rules to protect the river's ecological, cultural, scenic and recreational assets and ensure expansion of riverfront parks, open space and natural areas for our National Park on the Mississippi.
Thanks to everyone who signed the petition and helped spread the word! There's nothing quite like a chorus of citizen voices to remind the DNR that the main point of this rulemaking process is to protect the public values of the river!
FMR has also been poring over the latest version of the draft rules and developing extensive and detailed comments and suggestions. Some aspects of the rules as drafted offer good protections, but we continue to have a number of concerns. However, there is a short list of key issues that, if addressed, would resolve most of our concerns.
Key issues include:
Bluff definition
Currently, Minnesota law requires that the DNR define a bluff as land that rises over 10 feet with an average of at least a 18% slope, and that the agency map the bluffsThe new drafted rules define a bluff as a 30 percent rise in slope over 25 feet or more. This change in definition actually weakens the current standard in some cases and will reduce the required setback from many bluffs and slopes from 40-100 feet to just 20 feet this is not enough to protect important ecological and scenic resources.
Scenic view protection
By weakening structure-height limits and vegetation management standards, the drafted rules leave many of the river's treasured scenic views unprotected. Performance standards in the current rules require protection of views from the opposite shoreline but neglect to protect views from the opposite bluff, which is where most people view the river. FMR wants to see views of and from the river and bluff to be protected, including from all public parks, roadways and bridges on the opposite side.
Industrial height exemption
The latest version of the rules grants an exemption from structure-height limits for expansion of existing industrial facilities. This is a blatant violation of the purpose of rules to protect the Mississippi River Critical Area. Industrial uses can and do develop and expand in the corridor, but FMR believes they must be required to follow development guidelines just like any other use.
Open space dedication
Under the draft standards, new development and subdivisions larger than three lots will be required to dedicate open space, some or all of which can be dedicated to the public. For conservation easements that don't grant public access, FMR would like to see key requirements spelled out so that they expressly prohibit private structures, limit vegetative changes to those that maintain and enhance habitat value, and do not prohibit the development of future trails and public river access.
The draft rules should be published in the Public Register by the end of the year, after which they will go through formal review and public hearings under an Administrative Law Judge.
For more information:
- Review FMRs full comments on the draft rules,
- Review FMRs Critical Area Fact Sheet,
- Learn more from the Department of Natural Resources.
Irene Jones, River Corridor Program Director