Carla Inderrieden
ESPM 4242
Exercise 1: Analysis Topic and Problem Definition
Policy Problem
The Mississippi River was designated a critical area under the Critical Areas Act of 1973, but has been
largely ineffective due to underfunding, poor management and fundamental issues of clarity within the
act itself.
Background Information
In 1973, the Critical Areas Act was enacted (Minnesota Statutes, Chapter 116G). Under this act, the
Mississippi River and its adjacent corridor was designated a state critical area (through Executive Order
No. 130, Governor Wendell Anderson, October 18th, 1976). The designation of the river and its corridor
as a State Critical Area was reaffirmed and continued by Governor Albert Quie on March 27th, 1979
through Executive Order 79-19. The Mississippi River State Critical Area is shown below.
The Mississippi River Critical Area corridor extends from the northern borders of the cities of Dayton and
Ramsey to the southern boundary of Dakota County (on the west and south side of the river) and the
boundary with the Lower St Croix National Scenic Riverway (on the east and north side of the river).
There were many reasons that the Mississippi River was designated a Critical Area through this area.
They are summarized from the National Park Service website:
“The State of Minnesota designated the Mississippi River as a Critical Area in order to:
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protect and preserve a unique and valuable state and regional resource for the benefit of the
health, safety and welfare of the citizens for the state, region, and nation;
prevent and mitigate irreversible damage to this resource; preserving and enhancing its natural,
aesthetic, cultural, and historical value for public use;
protect and preserve the river as an essential element in the national, state and regional
transportation, sewer and water and recreational systems; and
protect and preserve the biological and ecological functions of the corridor.
The history of the laws and rules that apply to the Critical Area began when the Minnesota
legislature passed the Critical Area Act in 1973. The Critical Area Act requires that each
government having jurisdiction over land within the Critical Area boundaries devise a plan that
defines how it will act to meet the goals and purposes of the Critical Area Act. Property owners
are affected by these plans and laws because they define how land near the Mississippi River
may be developed.”
The criteria for an area to be designated as a state critical area is given below:
116G.05 CRITERIA FOR THE SELECTION OF AREAS OF CRITICAL CONCERN
The board shall, in the manner provided in Chapter 14, prepare criteria for the selection of areas of
critical concern which have the following characteristics:
1) An area significantly affected by, or having a significant effect upon, an existing or proposed
major government development which is intended to serve substantial numbers of persons
beyond the vicinity in which the development is located and which tends to generate substantial
development or urbanization.
2) An area containing or having significant impact upon historical, natural, scientific, or cultural
resources of regional or statewide importance.
The area designated is given in the figure above (taken from the MN DNR web site). The cities that were
affected by this designation (outlined in the executive order) are: Ramsey, Anoka, Coon Rapids, Fridley,
Minneapolis, Saint Paul, Maplewood, Saint Paul Park, Grey Could, Cottage Grove, Newport, Denmark,
Hastings, Ravenna, Nininger, Rosemount, Inver Grove Heights, South Saint Paul, Mendota Heights,
Brooklyn Center, Brooklyn Park, Champlin and Dayton.
The designation of this area resulted in the requirement that local units of government and regional
agencies adopt critical area plans and regulations that comply with Executive Order 79-19. Currently, the
Minnesota Department of Natural Resources (DNR), the Metropolitan Council, and the National Park
Service work in partnership to protect and preserve the corridor along with local government. Central
management of the Mississippi River Critical Area Corridor was transferred from the Environmental
Quality Board to the Department of Natural Resources in 1995.
Again, the Critical Area Act requires that each government having jurisdiction over land within the
Critical Area boundaries devise a plan that defines how it will act to meet the goals and purposes of the
Critical Area Act. Property owners are affected by these plans and laws because they define how land
near the Mississippi River may be developed. In 1976, four corridor districts were established that
identify different types of land use along the river. Each district has its own set of guidelines, which are
consistent with natural characteristics and existing development. State Executive Order 79-19 details the
rules and guidelines that each community must incorporate into its Critical Area plan.
(courtesy the National Park Service web site)
Since the designation of the Mississippi River as a State Critical Area in 1976, there has been a lot of
disconnect between its purpose and its actual effect. Many stakeholders feel that the DNR pays little
attention to their role in this program, which causes it to suffer (see Agency Roles below). Pressure to
develop in these critical areas is high and little enforcement and technical assistance is being offered.
Local Government Units (LGUs) find that they have a lack of resources to adequately manage and
enforce the critical area law. The law itself is considered unclear and inconsistent. Many stakeholders
would like to see clear definitions and consistency in the law as well as better funding, help with
enforcement and a more active and helpful team at the DNR. There is a general lack of information,
clarity and interest in the law, making it difficult to follow and ineffective overall.
Agency Roles
Minnesota Department of Natural Resources
The DNR has three primary roles:
1) DNR reviews existing ordinances that affect lands within the Mississippi River Critical Area
Corridor for their compliance with state critical area standards and guidelines.
2) DNR provides technical assistance for ordinance development for local communities to ensure
adoption and approval of a compliant state critical area ordinance. They also provide
individualized technical assistance for amending existing ordinances or proposed ordinances
that will be consistent with the voluntary MNRRA (Mississippi National River and Recreation
Area ) Comprehensive Management Plan policies.
3) DNR must review and approve or deny new or amended plans affecting lands within the
Mississippi River Critical Area Corridor and relating to Executive Order 79-19.
*The DNR must also be notified when communities put critical area plans and ordinances into effect.
* The DNR also works with local units of government and citizens on three other land use
management programs: Shoreland Management, Floodplain Management, and Wild and Scenic
Rivers.
Metropolitan Council
The Met Council has four primary roles:
1) Met Council reviews existing plans that affect lands within the Mississippi River Critical Area
Corridor.
2) Met Council provides technical assistance to communities in amending or adopting plans to
become consistent with Executive Order 79-19 standards.
3) Met Council reviews all critical area plans and ordinances and makes an evaluation prior to the
DNR approval decision.
4) Met Council administers pass-through funds from the National Park Service to provide financial
assistance to communities wishing to revise their plans and ordinances.
*The Met Council is also involved with the oversight of the Metropolitan Land Planning Act.
Local Government
Local government units are responsible for creating and enforcing their critical area ordinances.
Stakeholders
The amount of stakeholders in this policy problem is really endless. It could extend to anyone who
contributes to water quality issues in the Mississippi River Critical Area (much of the state of Minnesota)
or anyone who lives remotely close to a river that feeds into the Mississippi or on the Mississippi itself. A
few of the key major stakeholders are listed below:
Department of Natural Resources
National Park Service
Environmental Quality Board
Minnesota State Legislature
Dakota County
Washington County
Hennepin County
Ramsey County
Anoka County
Metropolitan Council
Watershed Districts
Historic and Cultural Organizations
Local Government
State Government
League of Minnesota Cities
Environmental Groups (Sierra Club, Friends of the Mississippi River, Friends of Parks and Trails, etc.)
Civic Organizations (business associations, community councils, etc.)
Developers
Businesses along the River
Landowners (both in the designated area and those that could be included if it were altered)
Local citizens
The cities of:
Ramsey
Anoka
Coon Rapids
Fridley
Minneapolis
Saint Paul
Maplewood
Saint Paul Park
Grey Could
Cottage Grove
Newport
Denmark
Hastings
Ravenna
Nininger
Rosemount
Inver Grove Heights
South Saint Paul
Mendota Heights
Brooklyn Center
Brooklyn Park
Champlin
Dayton
Information Availability
The National Park Service, Minnesota Department of Natural Resources and the Metropolitan Council all
have information on the program on their websites. In addition, a large stakeholder meeting was held
on November 7th, 2007 to review the law and to seek recommendations for its improvement. This
meeting yielded myriads of valuable information on the management problems and concerns with the
law itself as well as its strengths. Also, Executive Order 79-19 is available online.