HF3466

Purpose

To require environmental review for certain public drainage projects by mandating an Environmental Assessment Worksheet (EAW) and updating the rulemaking to implement this requirement.

Main Provisions

• The Environmental Quality Board must amend Minnesota Rules part 4410.4300 to require an environmental assessment worksheet (EAW) for drainage projects that meet at least one of these criteria:
  • A drainage project with a drainage area of five square miles or more within the Minnesota River Basin hydrologic unit code (HUC) 6 watershed, including Minnesota major watersheds 22 through 33, as defined by the Department of Natural Resources.
  • A drainage project that alters the course, current, or cross section of:
  • a public water designated under Minnesota Statutes 97A.101 subdivision 2,
  • an outstanding resource value water (ORVW) listed in Minnesota Rules part 7050.0335, or
  • a lake or stream designated by the Department of Natural Resources as a trout lake or trout stream under Minnesota Statutes 97C.005.
• The board may use the good cause exemption to adopt these rules; the standard rulemaking provisions in Minnesota Statutes section 14.386 do not apply, except as provided under the good cause exemption in section 14.388.

Significant Changes to Existing Law

• Introduces a mandatory environmental review (EAW) for specific public drainage projects that meet size or impact criteria, expanding the scope of projects subject to formal environmental assessment.
• Adds a rulemaking pathway that allows the Environmental Quality Board to adopt these rules using a good cause exemption, bypassing typical (non-exempt) rulemaking procedures under 14.386 (with exceptions per 14.388).

Terminology and Key Concepts

• Environmental Assessment Worksheet (EAW)
• Environmental Quality Board
• Minnesota Rules part 4410.4300
• Public drainage project
• Drainage area (square miles)
• Minnesota River Basin
• Hydrologic unit code (HUC) 6
• Minnesota major watersheds 22-33
• ORVW (outstanding resource value water)
• Trout lake / trout stream
• Minnesota Statutes 97A.101(2), 97C.005
• Minnesota Rules part 7050.0335
• Good cause exemption (Minnesota Statutes 14.388)
• Rulemaking exemption (Minnesota Statutes 14.386)

Relevant Terms Environmental Assessment Worksheet (EAW); Environmental Quality Board; Minnesota Rules part 4410.4300; drainage project; drainage area; five square miles; Minnesota River Basin; hydrologic unit code 6; ORVW (outstanding resource value water); trout lake; trout stream; public water; Minnesota Statutes sections 97A.101(2), 97C.005; Minnesota Rules part 7050.0335; good cause exemption; Minnesota Statutes 14.388; rulemaking exemption; Minnesota Statutes 14.386.