Minnesota Environmental Quality Board Amendments to Environmental Review Rules
New amendments to the Minnesota Environmental Review Rules alter thresholds for preparation of environmental reviews for projects in shoreland areas. The amendments also identify "cumulative potential effects" that must be addressed during environmental reviews and change the process for preparing alternative urban areawide reviews.
Promulgated by the Minnesota Environmental Quality Board, the amendments became effective on November 23, 2009. As a result, more development projects, especially those in shoreland areas, will be required to undergo environmental review—and the complexity and costs of all reviews will increase.
New Thresholds Will Trigger More EAWs and EISsNew thresholds for the preparation of environmental assessment worksheets (EAWs) and environmental impact statements (EISs) affect residential projects outside the seven-county metropolitan area in shoreland areas and for nonmetallic mineral mining, resort, campground, RV park, and land conversion projects in shorelands statewide. This means EAWs may be required now for projects that exceed the following thresholds depending on conditions specific to the project:
- Residential, resort, campground, and RV park projects with as few as 15 units or sites
- Nonmetallic mineral mining projects affecting as few as 20 acres
- Land conversions (for example, golf course development) affecting as little as 800 feet of shoreline or 5,000 square feet of shoreland area
Higher thresholds were set for preparation of EISs.
New Definition of Cumulative Impacts Will Increase Complexity and Costs of EAWs and EISs
In response to a 2006 Minnesota Supreme Court decision, the amendments add a new and detailed definition of "cumulative potential effects" to the rules and limit the use of the term "cumulative impacts." Under the amended rules, all EAWs, EISs and AUARs must analyze cumulative potential effects. The new definition will likely require more detailed scientific analysis and as a result, the costs of studies will increase.
New Step in AUAR Process Will Increase Time to Complete Many AUARs
The amendments also add a public scoping step to the AUAR process when this document is used to review a specific project that would otherwise require preparation of an EIS. The public scoping step is also required if a specific project comprises 50 percent or more of the geographic area to be reviewed.
This additional step will add to the length and cost of the AUAR process in these instances and will make the AUAR less attractive as an alternative to EIS in many cases.
For a detailed summary of the amendments to the Environmental Review Rules, click here.
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