In 2013, the Minnesota Legislature authorized the Minnesota Department of Natural Resources (DNR) to commence rulemaking related to the Mississippi River Corridor Critical Area (MRCCA) (the "Critical Area"). The intent is to update existing regulations found in Minnesota Statute Chapter 116G. The Critical Area extends from the Ramsey's western border south down to Hastings, stretching nearly seventy-two (72) miles and encompasses approximately thirty (30) governmental subdivisions across the metro area. 

The Critical Area is an overlay district that establishes minimum development standards intended to provide protections for the Mississippi River including, but not limited to, stormwater management, bluff stabilization, and protection of scenic qualities. Minnesota Statute Chapter 116G establishes the district and requires that local government units with land use and zoning authority adopt ordinances in substantial compliance with the Statute. The local ordinance must be approved by the DNR. The local unit of government is responsible for administration and enforcement. The City adopted its original ordinance in circa-mid 1980s.

The rulemaking project originally commenced in 2009. However, the legislative timeframe expired, and updated rules were never adopted. The 2013 Legislature revised the original scope for rulemaking and authorized a new rulemaking project. Since some time has lapsed since the 2009 process, Staff is seeking policy direction on how to approach participation in the rulemaking process. As there have been a number of years since the last discussion on this rulemaking process, this is an opportunity to bring new members up to speed on the process, and ensure that Staff brings the proper policy message forward in discussions with the DNR.

The League of Minnesota Cities and Metro Cities (both organizations working with local governments) held an introductory meeting with DNR staff and local communities. As the process has yet to formally begin, Staff is unable to fully understand the policy implications as it relates to Ramsey (either positive or negative).

With that in mind, Staff has tentatively scheduled a meeting with the DNR on Thursday, September 25, 2013. The DNR is scheduling meetings individually with each of the impacted communities. The intent of the meeting is (as outlined by the DNR):

• Meet the staff who develop plans and administer the MRCCA ordinance
• Provide an overview of and answer questions about the rulemaking process
• Review the district map(s) for your community
• Go over the draft rules and identify opportunities to improve them
• Review your MRCCA ordinances
• Review the bluff maps that have been developed – these are for informational purposes only and are not part of the rulemaking

City Staff will be responsible for providing the following (as requested by the DNR):

• Invite staff based on administrative responsibilities for the MRCCA (i.e. P & Z, environmental, community development, etc.).
• Arrange an appropriate meeting location for everyone attending
• Bring a copy of the MRCCA plans and ordinances to the meeting
• Consider key issues that may affect MRCCA districts and proposed rules

Staff recommends that representatives from the City Council, Planning Commission, and Environmental Policy Board (EPB) participate in the initial meeting with the DNR; this potentially could include the Chair from each of the boards:

1. City Council (Mayor Strommen)
2. Planning Commission (Chairperson Levine)
3. Environmental Policy Board (Chairperson Max)

 

Staff recommends that the City Council direct Staff to invite the Chair of the City Council (Mayor), Planning Commission, and Environmental Policy Board (EPB) to the initial meeting with the DNR related to the Critical Area Rulemaking, and report back following that meeting on the policy implications (positive and negative) to the City Council.

Participation in the rulemaking process is being handled as part of normal Staff duties.

Based on discussion. Staff is seeking direction on participation from the City Council, Planning Commission, and Environmental Policy Board (EPB) during the process, most notably the initial meeting with the DNR.