News Update: Rule Rewriting Process on Hold
The rule rewriting process is on hold as the Minnesota 2011 Senate presented a bill, SF 39, to committee that would revoke the 2009 legislation authorizing the DNR to adopt rules and establish districts and minimum guidelines that would be used as standards for the districts to protect key resources and features. These standards would then be used when approving plans and regulations and reviewing development permit applications. Click here to follow bill SF 39's progress through the legislature.
What is the Mississippi River Corridor Critical Area?
 The Mississippi River has often been cited as Fridley's most precious natural resource. While the City of Fridley has long had protections in place to prevent over development of riverfront property, not all river communities have such protections.
As a result, the 2009 Minnesota legislature authorized the Minnesota DNR to rewrite existing critical area rules that were adopted by the state thirty years earlier as Minnesota Executive Order 79-19. Read the DNR's Critical Area webpage. The designation of the Mississippi River as a critical area continued. The 72-mile critical area corridor extends from Dayton to Hastings and this section of the Mississippi River was also designated a National Park in 1988.
The DNR began working with area river communities in March 2010 to update the law governing land development along the Mississippi River. The City of Fridley planning staff is involved with the rule making process to protect water quality and animal habitat while also protecting the rights of property owners living along the river. View the Star Tribune's recent overview article on this issue, "New rules would protect Mississippi shore".
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. Fridley did adopt a critical area plan and later updated it in 1993. View existing City of Fridley Critical Area ordinance.
Discover More: DNR Facilitates Critical Area Rule Rewriting
Public Input: Preliminary Draft Standards
Do you like what you see? Do the proposed standards meet your expectations? Here are two ways to give your comments to the DNR.
- Give comments to DNR. Download the comment form from the DNR's Critical Area website, fill it out and send it in (the address is on the DNR form). To review the draft standards beforehand, visit the DNR's Critical Area page and scroll down to "Preliminary Draft Standards." Write and send a letter about the rules to the DNR Commissioner.
- Skip the forms and send a letter directly to DNR Commissioner Mark Holsten, Minnesota DNR, 500 Lafayette Rd. St. Paul, MN 55155.
Key Points of 2009 Legislation
The legislation authorizes the DNR to adopt rules and requires the DNR to:
- Establish, by rule, districts within the Mississippi River Corridor Critical Area. The DNR must:
- determine appropriate number of districts within each municipality,
- take into account municipal plans and policies, and existing ordinances and conditions, and
- consider protection of key, identified resources and features.
- Establish, by rule, minimum guidelines and standards for the districts to protect key resources and features and use them when approving plans and regulations and reviewing development permit applications. (Local Government Units, or LGUs, are also required to use them when preparing plans and regulations.)
- Create a preliminary bluff map at the outset of the rulemaking process, refine it as part of the process, and adopt a final bluff map at the end of the rulemaking process.
- Begin rulemaking by January 15, 2010 and notify LGUs of rulemaking 30 days prior to beginning.
What is the history of the Mississippi River Corridor Critical Area?
- 1973 Minnesota passes Critical Areas Act of 1973 (MN Statutes, Chapter 116G)
- Environmental Quality Board adopts rules to implement Act (MN Rules, parts 4410.8100 – 4410.9910)
- 1976 Mississippi River and adjacent corridor designated a state critical area by Governor Wendell Anderson (Executive Order No. 130)
- 1979 Designation continued by Governor Albert Quie (Executive Order 79-19) Read the Executive Order 79-19.
- Metropolitan Council acts to make designation permanent (Resolution 79-48)
- 1988 Mississippi National River and Recreational Area (MNRRA) established by Congress as unit of NPS (MNRRA shares same boundary as Mississippi River Corridor Critical Area)
- 1991 MNRRA designated a state critical area per Critical Areas Act (MN Statutes, section 116G.15)
- 1995 Responsibility shifts from EQB to DNR by Governor Arne Carlson (Reorganization Order 170)
- 2007 Legislature directs DNR to prepare report on the Mississippi River Corridor Critical Area (Completed January 2008)
- 2009 Legislature amends MN Statutes, section 116G.15 and directs DNR to conduct rulemaking for the Mississippi River Corridor Critical Area (MN Laws 2009, Chapter 172, Article 2, Section 5.e.)
How is the Mississippi River Corridor Critical Area currently administered?
It is administered according to the EO 79-19 by 30 communities along corridor (21 cities, 5 counties, 4 townships), plus several quasi-governmental entities.
Most have adopted critical area plans and ordinances, including the City of Fridley. View existing City of Fridley Critical Area ordinance.
EO 79-19 Establishes Four Land Use Districts
Rural Open Space
Urban Open Space
Urban Developed
Urban Diversified
EO 79-19 Establishes Performance Standards and Guidelines for Each Land Use District
Local government units (LGUs) administer and enforce a variety of regulations to meet the performance standards, which has led to general concern regarding consistency and sufficiency to protect key resources and features.
Mississippi River Corridor Critical Area is Cooperatively Managed
DNR Role: Adopts rules; reviews/approves plans, ordinances and amendments thereto; and reviews development proposals requiring a hearing for consistency with EO 79-19.
NPS Role: Has provided funding assistance to local, regional, and state agencies; encourages LGUs to meet critical area standards and incorporate voluntary MNRRA policies into plans; and provides stewardship, education, interpretation, and historical and cultural resource protection.
Met Council Role: Reviews plans for consistency with regional policies, EO 79-19, and MNRRA policies and submit recommendation to DNR; and provides technical assistance to LGUs adopting or amending plans.
LGU Roles: Adopt approved plans and ordinances, and administer and enforce them in accordance with EO 79-19.
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