FMR working with legislators on new critical area corridor bills

FMR is working with two state legislators to advance a bill to update the law governing land along the Mississippi River in the Twin Cities. The Mississippi River Corridor Critical Area (MRCCA), a 72-mile corridor extending from Dayton to Hastings, was designated a State Critical Area in the 1970's and a National Park in 1988.

Although the corridor boasts state and federal designations, most land use regulations are determined at the local level. Minnesota Executive Order 79-19 directed cities and townships along the corridor to develop plans and regulations for their stretch of the river corridor. The DNR and Met Council have limited oversight of the local regulations. During the last decade, FMR and many others have raised concerns that the local regulations and state law behind them are not adequate to ensure that the rivers unique and significant natural, scenic and cultural resources are adequately protected.

In the fall of 2007, FMR organized a series of stakeholder input meetings for a DNR study of the MRCCA. There was a surprising amount of agreement among citizen, government and business stakeholders on some key issues. All parties agreed that the MRCCA is a valuable and significant regional resource that deserves protection under state law. A framework unique to this corridor that acknowledges its National Park status was recommended. Developers and citizens alike complained that enforcement gets not only protracted, political, and costly, but can also be inconsistent within and among cities. Many stakeholders said the E.O. 79-19 standards and guidelines are vague, subjective and cumbersome to enforce, and some thought the DNR should have stronger oversight authority regarding local decisions.

In response to the MRCCA Study Report by DNR to the Legislature, Rep. Rick Hansen (Dist. 39A) and Sen. Katie Sieben (Dist. 57) convened a study group last October to grapple with concerns and suggestions raised at the stakeholder meetings. The MRCCA legislative study group, which included cities, developers, environmental organizations, the DNR and the National Park Service, met several times over the fall to discuss and draft proposed legislation for the 2009 session.

Although the purpose and intent of the original designation is relatively unchanged, there is a clear need to update the standards, guidelines, regulations and enforcement of the MRCCA to ensure sufficient protection of some of our regions most valuable public assets. The proposed MRCCA reform bill will maintain key components of E.O. 79-19 and authorize rulemaking by the DNR. In order to ensure that standards and guidelines will be effective, the rulemaking would include establishing new districts according to guidance in the law. The new districts will take natural and cultural river features into account, in addition to historic and current land-use patterns. The bill also includes definitions for key terms and an outline of the enforcement responsibilities of local governmental units, the Minnesota DNR and other state agencies.

The bill is still in draft form but very near completion and will likely be introduced soon. If you would like to receive a link to the bill once it has been introduced, or for further information, keep watching our website at www.fmr.org or contact Irene Jones, River Corridor Program Director via our contact form or at 651-222-2193 x11.