1.1.................... moves to amend H.F. No. 424 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 116G.15, is amended to read:
1.4116G.15 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA.
1.5    Subdivision 1. Establishment; purpose. (a) The federal Mississippi National
1.6River and Recreation Area established pursuant to United States Code, title 16, section
1.7460zz-2(k), is designated an area of critical concern in accordance with this chapter. The
1.8governor shall review the existing Mississippi River critical area plan and specify any
1.9additional standards and guidelines to affected communities in accordance with section
1.10116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of
1.11the area pending the completion of the federal plan. The purpose of the designation is to:
1.12(1) protect and preserve the Mississippi River and adjacent lands that the legislature
1.13finds to be unique and valuable state and regional resources for the benefit of the health,
1.14safety, and welfare of the citizens of the state, region, and nation;
1.15(2) prevent and mitigate irreversible damages to the natural resources listed under
1.16clause (1);
1.17(3) preserve and enhance the natural, aesthetic, cultural, and historical values of the
1.18Mississippi River and adjacent lands for public use and benefit;
1.19(4) protect and preserve the Mississippi River as an essential element in the national,
1.20state, and regional transportation, sewer and water, and recreational systems; and
1.21(5) protect and preserve the biological and ecological functions of the Mississippi
1.22River and its corridor.
1.23The results of an environmental impact statement prepared under chapter 116D
1.24begun before and completed after July 1, 1994, for a proposed project that is located in
1.25the Mississippi River critical area north of the United States Army Corps of Engineers
1.26Lock and Dam Number One must be submitted in a report to the chairs of the environment
1.27and natural resources policy and finance committees of the house of representatives
2.1and the senate prior to the issuance of any state or local permits and the authorization
2.2for an issuance of any bonds for the project. A report made under this paragraph shall
2.3be submitted by the responsible governmental unit that prepared the environmental
2.4impact statement, and must list alternatives to the project that are determined by the
2.5environmental impact statement to be economically less expensive and environmentally
2.6superior to the proposed project and identify any legislative actions that may assist in the
2.7implementation of environmentally superior alternatives. This paragraph does not apply
2.8to a proposed project to be carried out by the Metropolitan Council or a metropolitan
2.9agency as defined in section 473.121.
2.10(b) If the results of an environmental impact statement required to be submitted by
2.11paragraph (a) indicate that there is an economically less expensive and environmentally
2.12superior alternative, then no member agency of the Environmental Quality Board shall
2.13issue a permit for the facility that is the subject of the environmental impact statement,
2.14other than an economically less expensive and environmentally superior alternative,
2.15nor shall any government bonds be issued for the facility, other than an economically
2.16less expensive and environmentally superior alternative, until after the legislature has
2.17adjourned its regular session sine die in 1996.
2.18    Subd. 2. Administration; duties. (a) The commissioner of natural resources shall
2.19administer the Mississippi River corridor critical area program. The commissioner shall
2.20work in consultation with the United States Army Corps of Engineers, the National Park
2.21Service, the Metropolitan Council, other agencies, and local units of government to ensure
2.22that the Mississippi River corridor critical area is managed in a way that:
2.23(1) conserves the scenic, environmental, recreational, mineral, economic, cultural,
2.24and historic resources and functions of the river corridor;
2.25(2) maintains the river channel for transportation by providing and maintaining
2.26barging and fleeting areas in appropriate locations consistent with the character of the
2.27Mississippi River and riverfront;
2.28(3) provides for the continuation and development of a variety of urban uses,
2.29including industrial and commercial uses, and residential uses, where appropriate, within
2.30the Mississippi River and its corridor;
2.31(4) utilizes certain reaches of the river as a source of water supply and as a receiving
2.32water for properly treated sewage, stormwater, and industrial waste effluents; and
2.33(5) protects and preserves the biological and ecological functions of the corridor.
2.34(b) The Metropolitan Council shall incorporate the standards developed under
2.35this section into its planning and shall work with local units of government and the
2.36commissioner to ensure the standards are being adopted and implemented appropriately.
3.1    Subd. 3. Districts. (a) The commissioner shall establish districts within the
3.2Mississippi River corridor critical area. The commissioner must seek to minimize the
3.3number of districts within any one municipality. The commissioner shall consider the
3.4following when establishing the districts:
3.5(1) the protection of resources that existed as of March 12, 1979;
3.6(2) the protection of improvements such as parks, trails, natural areas, and
3.7interpretive centers;
3.8(3) the protection of resources identified in the Mississippi National River and
3.9Recreation Area Comprehensive Management Plan;
3.10(4) the protection of resources identified in comprehensive plans developed by
3.11counties, cities, and towns within the Mississippi River corridor critical area;
3.12(5) the intent of the Mississippi River corridor critical area land use districts from
3.13the governor's executive order number 79-19, published in the State Register on March
3.1412, 1979; and
3.15(6) identified scenic, geologic, and ecological resources.
3.16    Subd. 4. Standards. (a) The commissioner shall establish minimum guidelines and
3.17standards for the districts established in subdivision 3. The guidelines and standards
3.18for each district shall include: the intent of each district; key resources and features to
3.19be protected or enhanced based upon paragraph (b); permitted uses; and dimensional
3.20and performance standards for development. The commissioner may provide certain
3.21exceptions and criteria for standards, including, but not limited to, exceptions for river
3.22access facilities, water supply facilities, stormwater facilities, and wastewater treatment
3.23facilities.
3.24(b) The guidelines and standards must protect or enhance the following key
3.25resources and features:
3.26(1) floodplains;
3.27(2) wetlands;
3.28(3) gorges;
3.29(4) areas of confluence with key tributaries;
3.30(5) natural drainage routes;
3.31(6) shorelines and riverbanks;
3.32(7) bluffs;
3.33(8) steep slopes and very steep slopes;
3.34(9) unstable soils and bedrock;
3.35(10) significant existing vegetative stands, tree canopies, and native plant
3.36communities;
4.1(11) scenic views and vistas;
4.2(12) publicly owned parks, trails, and open spaces;
4.3(13) cultural and historic sites and structures; and
4.4(14) water quality.
4.5(c) The commissioner shall establish a map to define bluffs and bluff-related features
4.6within the Mississippi River corridor critical area. At the outset of the rulemaking process,
4.7the commissioner shall create a preliminary map of all the bluffs and bluff lines within
4.8the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The
4.9rulemaking process shall provide an opportunity to refine the preliminary bluff map. The
4.10commissioner may add to or remove areas of demonstrably unique or atypical conditions
4.11that warrant special protection or exemption. At the end of the rulemaking process, the
4.12commissioner shall adopt a final bluff map that contains associated features, including
4.13bluff lines, bases of bluffs, steep slopes, and very steep slopes.
4.14(d) The following guidelines shall be used by the commissioner to create a
4.15preliminary bluff map as part of the rulemaking process:
4.16(1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A
4.17high, steep, natural topographic feature such as a broad hill, cliff, or embankment with
4.18a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff
4.19base and the bluff line;
4.20(2) "bluff line" means a line delineating the top of a slope connecting the points
4.21at which the slope becomes less than 18 percent. More than one bluff line may be
4.22encountered proceeding upslope from the river valley;
4.23(3) "base of the bluff" means a line delineating the bottom of a slope connecting
4.24the points at which the slope becomes 18 percent or greater. More than one bluff base
4.25may be encountered proceeding landward from the water;
4.26(4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural
4.27topographic features with an average slope of 12 to 18 percent measured over a horizontal
4.28distance of 50 feet or more; and
4.29(5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are
4.30natural topographic features with an average slope of 18 percent or greater, measured over
4.31a horizontal distance of 50 feet or more.
4.32    Subd. 5. Application. The standards established under this section shall be used:
4.33(1) by local units of government when preparing or updating plans or modifying
4.34regulations;
4.35(2) by state and regional agencies for permit regulation and in developing plans
4.36within their jurisdiction;
5.1(3) by the Metropolitan Council for reviewing plans, regulations, and development
5.2permit applications; and
5.3(4) by the commissioner when approving plans, regulations, and development
5.4permit applications.
5.5    Subd. 6. Notification; fees. (a) A local unit of government or a regional or state
5.6agency shall notify the commissioner of natural resources of all developments in the
5.7corridor that require discretionary actions under their rules at least 10 days before taking
5.8final action on the application. A local unit of government or agency failing to notify the
5.9commissioner at least 10 days before taking final action shall submit a late fee of $500
5.10to the commissioner. The commissioner may establish exemptions from the notification
5.11requirement for certain types of applications within the rules established under paragraph
5.12(b). For purposes of this section, a discretionary action includes all actions that require a
5.13public hearing, including variances, conditional use permits, and zoning amendments.
5.14(b) The commissioner shall establish by rule fees to be paid by local units of
5.15government and agencies to the commissioner to recover costs of reviewing information
5.16submitted under paragraph (a). The fees shall be based upon the cost of receiving and
5.17reviewing the information. The fees must be set by rule. Section 16A.1283 does not apply
5.18to the fees, but the rule must not take effect until 45 days after the proposed rule has been
5.19submitted to the chairs and ranking minority members of the legislative committees with
5.20jurisdiction over environment and local government policy and finance. A local unit of
5.21government may pass on the costs of the fee to applicants.
5.22    Subd. 7. Rules. The commissioner shall adopt rules to ensure compliance with this
5.23section. By January 15, 2010, the commissioner shall begin the rulemaking required by
5.24this section under Minnesota Statutes, chapter 14. Until the rules required under this
5.25section take effect, the commissioner shall administer the Mississippi River corridor
5.26critical area program in accordance with the governor's executive order number 79-19,
5.27published in the State Register on March 12, 1979.

5.28    Sec. 2. APPROPRIATION.
5.29$....... in fiscal year 2010 is appropriated from the clean water fund to the
5.30commissioner of natural resources to develop and adopt rules for the Mississippi River
5.31Corridor Critical Area under Minnesota Statutes, chapter 116G.15, in order to achieve
5.32the required outcomes."
5.33Amend the title accordingly