Speak up for strong riverfront rules in St. Paul

For years, FMR has asked St. Paul to adopt an updated Mississippi River Corridor Critical Area (MRCCA) ordinance to guide riverfront development, as required by Minnesota law and as the 24 other cities and townships in the river's Critical Area have done. The city appears ready to do so now, but unfortunately its proposed ordinance takes a step backward.

FMR led the work to establish consistent, science-based baseline standards for the entire metro riverfront. That's why every community's critical area ordinance must meet certain state standards for public access, buildings, vegetation management, stormwater management, protection of special resources and more.

However, as cities adopt these baseline standards, they can add other guidelines that are appropriate for their riverfront contexts and community goals.

In January 2023, St. Paul released a draft ordinance that included excellent additional guidelines. It was never finalized. The newly updated draft leaves out some of those provisions, including bird-safe building requirements and other vital riverfront protections.

A strong ordinance preserves equitable public access to and enjoyment of the riverfront for all, not just those fortunate enough to live right on its shores. The Mississippi River is the main reason St. Paul was built where it was. The city's riverfront is scenic, ecologically sensitive and — to some — sacred.

Here are some weakened elements we're concerned to see in the new draft. St. Paul residents, we hope you'll join us in advocating for improvements.

Bird-safe building measures

St. Paul residents were enthusiastic about St. Paul's prior inclusion of science-based standards for bird-safe building requirements in new riverfront development. Unfortunately, these requirements were removed from the most recent ordinance draft.

St. Paul can balance urban density with wildlife protection by requiring bird-friendly lighting design, building design and building materials in all new developments along the river. Bird-safe glass adds very little to the cost of new construction while providing proven benefits.

Per Birdcast, as many as 50 million migratory birds pass through Ramsey County each season, mainly because of the Mississippi River flyway.

The risk of bird mortality from structures not intentionally designed to mitigate for birds is well-documented. Bird-glass collisions in the United States are estimated to cause as many as one billion bird deaths yearly. This has contributed to a 29% decline in North American bird populations since 1970. 

We hope community members will join us in advocating for bird-safe provisions to be added back into the ordinance before the city council takes the final vote on it.

Well-designed building height standards

Building height limits vary widely throughout the critical area based on development patterns and riverfront characteristics. St. Paul's riverfront has some areas that require careful consideration about balancing future development needs and protection of scenic views to and from the river. 

The river gorge through St. Paul (the only gorge on the entire Mississippi) is a tremendous scenic resource. In places along the gorge, it's still possible to look out over the river and see almost no humanmade development. Well-managed building heights can protect those rare natural views for everyone to enjoy from parks and other public spaces.

Tiering building heights away from the river can also encourage additional river-oriented development by ensuring an entire neighborhood is designed with the big picture in mind. Areas closest to the shoreline should have slightly shorter buildings so that buildings farther back can also enjoy river views; this encourages more developers to orient their projects towards the river and increases the appeal of those buildings.

The Minnesota Department of Natural Resources requires tiered building heights. But cities can decide how to actualize that requirement in the ordinance. St. Paul's January 2023 draft ordinance had a very clear, simple way to define standards that everyone could understand and apply: the further a building was from the river, the taller it could be. 

Unfortunately, the updated draft weakens these clear standards. Tiering and height exceptions are now judged on less specific criteria. Of concern is the ordinance's focus on preserving specific "public river corridor views" (viewpoints from places like parks and overlooks) rather than consideration for the full river corridor. This could lead to inconsistent standards that vary from place to place along the river and allow for the gradual degradation of nature-oriented views.

Clear standards for exceptions

A good ordinance also includes a clear process for requesting, considering, and granting exceptions (variances and conditional use permits) to the ordinance. Common exceptions include requests by landowners for a building to be taller or closer to the shoreline or bluff's edge than would otherwise be allowed. 

St. Paul's ordinance should include the Department of Natural Resources' recommended language regarding specific written findings of fact for these variances and conditional use permits. St. Paul's prior draft ordinance included this requirement, but the updated draft removes it.

In our experience, requested exceptions to these rules — especially in river areas beloved by the community — can be contentious and challenging for a planning commission and council. The DNR's recommended language about written findings offers more specific criteria for evaluating a request based on its impact on river resources and scenic views. This provides more clarity and predictability for all involved. 

Nearly all 24 other cities that have completed their MRCCA ordinances have included this language. And in Minneapolis, that language was vital in helping stop a project proposed to be built on the edge of a bluff.