Legislation introduced to repeal Critical Area law

Legislation to repeal the 2009 reform law for the Mississippi River Corridor Critical Area has been introduced in the Minnesota Legislature.

FMR championed the 2009 legislation, which passed with bipartisan legislative support and Governor Pawlenty's signature. Since the law passed, an appropriation of $500,000 has been applied to a rigorous rulemaking process that is now near completion.

"Many, many stakeholders were involved in bringing these much-needed protections to the Mississippi River Critical Area," said Whitney Clark, FMR's executive director. "It would be a huge step backward to roll back this important work for our great river."

The purpose of the law which legislators are proposing to repeal is to 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 and it directs the MN Department of Natural Resources to craft rules to accomplish that.

FMR will be working hard to defend the Critical Area. If you would like to help out or get involved, please stay tuned, and feel free to contact Irene Jones at or 651/222-2193 ext. 11.

We urge you to send a brief email to your state legislators asking them to oppose any repeal of the Mississippi River Critical Area – Minn. Statutes §116G.15.

To find out who your state representative and senator are, use the Minnesota Legislative district finder.

Update on Rulemaking Process

A draft of new Mississippi River Critical Area rules is close to complete, but with a changed political landscape it is uncertain if and when the important new rules will be published for formal public review.

A little over a year ago, the Minnesota Department of Natural Resources (DNR) set out to develop updated standards and guidelines for the Mississippi River Critical Area, a protected 72-mile corridor from Dayton to Hastings. The goal: publish a Notice of Intent to adopt new rules, the first step in a public review process, by the end of 2010.

Although extensive work was completed to draft the new rules, the DNR was not able to meet the statutory deadline for filing the Notice. Now, a shift in the political landscape — a new governor, a new DNR commissioner and a new legislature — has combined to create a foggy picture of what the next steps will be in the rule-making process. FMR staff will be closely monitoring the situation as the new administration and new legislature move forward.

FMR participated in the DNR's stakeholder advisory committee and submitted extensive comments throughout the rule-drafting process. Nearly 500 people reinforced this effort by signing FMR's petition to the DNR in support of strong rules to protect the unique and significant natural, scenic, cultural and recreational assets of the river corridor. To review our comments or learn more about the rulemaking process, visit FMR's Critical Area web fact sheet and the DNR's website via the links below.

For more information:

• Read coverage in the Star Tribune.
• See the January 3rd Pioneer Press article featuring quotes from FMR Executive Director Whitney Clark. The article provides an overview and details the property rights debate that emerged since the rules were drafted.
• Review FMRs Critical Area Fact Sheet.
• Learn more from the Department of Natural Resources.