Preliminary Draft Environmental Impact Statement (EIS) Rulemaking: ADOPTED


The 2017 Legislature directed EQB to develop rules related to the drafting of an Environmental Impact Statement (EIS). Laws of Minnesota 2017, Chapter 93, Article 2, Section 140.


Minnesota Statutes, section 116D.045, subd. 1 (2) which authorizes the EQB to adopt rules governing the preparation of a draft environmental impact statement.

The Minnesota Environmental Quality Board (EQB or Board) is revising the existing rules governing the Environmental Review Program and more specifically the development of draft environmental impact statements (EISs). These rule amendments will incorporate the statutory amendments made in the 2017 legislative session. This rulemaking will include the following rule parts:

  1. Procedures for the preparation, review and modification of preliminary draft EISs located under part 4410.2550.


This rulemaking may also include revisions that may come up as a result of public comments and further review of Chapter 4410.  This rulemaking can be referred to as the “Preliminary Draft EIS Rulemaking.”

Notice of Adoption: Published in State Register August 13, 2018: Rule goes into effect five working days after publishing (August 20, 2018)

Statement of Need and Reasonableness (1/8/2018) with all Attachments

Notice of Intent to Adopt Rules (1/8/2018) -- Comment Period Closed ON February 23, 2018 (4:30pm)

Comment with OAH Comment Website or email comments directly to Erik Cedarleaf Dahl:

EQB Board Resolution (for rulemaking) 12/20/2017)

Request for Comments #1  ---- State Register (link) -- August 21, 2017

Request for Comments #2 ---- State Register (link) -- September 25, 2017

Request for Comments #3 --- State Register (link) -- November 6, 2017

Notice of Intent to Adopt Rules -- State Register (link) -- January 8, 2018

Request for Comments (Responses)

Draft SONAR (12/7/2017) - Preliminary Draft EIS Rulemaking

Draft Rule Language (12/7/2017)


Sign up for update emails on Rulemaking: HERE