1.1.................... moves to amend H.F. No. 1775 as follows:
1.2Page 1, after line 4, insert:
1.3 "Section 1. Minnesota Statutes 2012, section 116G.15, subdivision 2, is amended to
1.4read:
1.5 Subd. 2.
Administration; duties. (a) The commissioner of natural resources may
1.6adopt rules under chapter 14 as are necessary for the administration of the Mississippi
1.7River corridor critical area program. Duties of the Environmental Quality Council
1.8or the Environmental Quality Board referenced in this chapter, related rules, and the
1.9governor's Executive Order No. 79-19, published in the State Register on March 12, 1979,
1.10that are related to the Mississippi River corridor critical area shall be the duties of the
1.11commissioner. All rules adopted by the board pursuant to these duties remain in effect
1.12and shall be enforced until amended or repealed by the commissioner in accordance with
1.13law. The commissioner shall work in consultation with the United States Army Corps of
1.14Engineers, the National Park Service, the Metropolitan Council, other agencies, and local
1.15units of government to ensure that the Mississippi River corridor critical area is managed
1.16as a multipurpose resource in a way that:
1.17(1) conserves the scenic, environmental, recreational, mineral, economic, cultural,
1.18and historic resources and functions of the river corridor;
1.19(2) maintains the river channel for transportation by providing and maintaining
1.20barging and fleeting areas in appropriate locations consistent with the character of the
1.21Mississippi River and riverfront;
1.22(3) provides for the continuation and
development redevelopment of a variety
1.23of urban uses, including industrial and commercial uses, and residential uses, where
1.24appropriate, within the Mississippi River corridor;
1.25(4) utilizes certain reaches of the river as a source of water supply and as a receiving
1.26water for properly treated sewage, storm water, and industrial waste effluents; and
1.27(5) protects and preserves the biological and ecological functions of the corridor.
2.1(b) The Metropolitan Council shall incorporate the standards developed under
2.2this section into its planning and shall work with local units of government and the
2.3commissioner to ensure the standards are being adopted and implemented appropriately.
2.4(c) The rules must be consistent with residential nonconformity provisions under
2.5sections
394.36 and
462.357.
2.6 Sec. 2. Minnesota Statutes 2012, section 116G.15, subdivision 3, is amended to read:
2.7 Subd. 3.
Districts. The commissioner shall establish, by rule, districts within
2.8the Mississippi River corridor critical area. The commissioner must seek to determine
2.9an appropriate number of districts within any one municipality and take into account
2.10municipal plans and policies, and existing ordinances and conditions. The commissioner
2.11shall consider the following when establishing the districts:
2.12(1) the protection of the major features of the river in existence as of March 12, 1979;
2.13(2) (1) the protection of improvements such as parks, trails, natural areas,
2.14recreational areas, and interpretive centers;
2.15(3) (2) the use of the Mississippi River as a source of drinking water;
2.16(4) (3) the protection of resources identified in the Mississippi National River and
2.17Recreation Area Comprehensive Management Plan;
2.18(5) (4) the protection of resources identified in comprehensive plans developed by
2.19counties, cities, and towns within the Mississippi River corridor critical area;
and
2.20(6) the intent of the Mississippi River corridor critical area land use districts from
2.21the governor's Executive Order No. 79-19, published in the State Register on March
2.2212, 1979; and
2.23(7) (5) identified scenic, geologic, and ecological resources.
2.24 Sec. 3. Minnesota Statutes 2012, section 116G.15, subdivision 4, is amended to read:
2.25 Subd. 4.
Standards. (a) The commissioner shall establish, by rule, minimum
2.26guidelines and standards for the districts established in subdivision 3. The guidelines and
2.27standards for each district shall include the intent of each district and key resources and
2.28features to be protected or enhanced based upon paragraph (b). The commissioner must
2.29take into account municipal plans and policies, and existing ordinances and conditions
2.30when developing the guidelines in this section. The commissioner may provide certain
2.31exceptions and criteria for standards, including, but not limited to, exceptions for river
2.32access facilities, water supply facilities, storm water facilities, and wastewater treatment
2.33facilities, and hydropower facilities.
3.1(b) The guidelines and standards must protect or enhance the following key
3.2resources and features:
3.3(1) floodplains;
3.4(2) wetlands;
3.5(3) gorges;
3.6(4) areas of confluence with key tributaries;
3.7(5) natural drainage routes;
3.8(6) shorelines and riverbanks;
3.9(7) bluffs;
3.10(8) steep slopes and very steep slopes;
3.11(9) unstable soils and bedrock;
3.12(10) significant existing vegetative stands, tree canopies, and native plant
3.13communities;
3.14(11) scenic views and vistas;
3.15(12) publicly owned parks, trails, and open spaces;
3.16(13) cultural and historic sites and structures; and
3.17(14) water quality.
3.18(c) The commissioner shall establish a map to define bluffs and bluff-related features
3.19within the Mississippi River corridor critical area. At the outset of the rulemaking process,
3.20the commissioner shall create a preliminary map of all the bluffs and bluff lines within
3.21the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The
3.22rulemaking process shall provide an opportunity to refine the preliminary bluff map. The
3.23commissioner may add to or remove areas of demonstrably unique or atypical conditions
3.24that warrant special protection or exemption. At the end of the rulemaking process, the
3.25commissioner shall adopt a final bluff map that contains associated features, including
3.26bluff lines, bases of bluffs, steep slopes, and very steep slopes.
3.27(d) The following guidelines shall be used by the commissioner to create a
3.28preliminary bluff map as part of the rulemaking process:
3.29(1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A
3.30high, steep, natural topographic feature such as a broad hill, cliff, or embankment with
3.31a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff
3.32base and the bluff line;
3.33(2) "bluff line" means a line delineating the top of a slope connecting the points
3.34at which the slope becomes less than 18 percent. More than one bluff line may be
3.35encountered proceeding upslope from the river valley;
4.1(3) "base of the bluff" means a line delineating the bottom of a slope connecting
4.2the points at which the slope becomes 18 percent or greater. More than one bluff base
4.3may be encountered proceeding landward from the water;
4.4(4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural
4.5topographic features with an average slope of 12 to 18 percent measured over a horizontal
4.6distance of 50 feet or more; and
4.7(5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are
4.8natural topographic features with an average slope of 18 percent or greater, measured over
4.9a horizontal distance of 50 feet or more."
4.10Renumber the sections in sequence and correct the internal references
4.11Amend the title accordingly