Good Cause Rulemaking

This rulemaking is included in the Mandatory Category Rulemaking (R-04157).

Past Rulemaking Record:

The EQB is engaged in “good cause” rulemaking to make its rules consistent with changes directed through statute adopted in the 2015 legislative session. Good cause rulemaking is a streamlined process that is limited to only rule amendments that do not require any interpretation of law. This means that the public will be invited to comment only on whether the EQB’s proposed rule amendments accurately incorporate the legislative directives.

Interested parties have five business days after the date of the notice (February 8, 2016) to submit comment to the Office of Administrative Hearings. You may submit comment until 4:30 p.m. on February 12, 2016 (NOW CLOSED). The EQB requests that any person submitting comment to the Office of Administrative Hearings (rulecomments@state.mn.us) also submit a copy of the comment to the EQB’s contact person, Erik Cedarleaf Dahl, Erik.Dahl@state.mn.us.

The Office of Administrative Hearings contact person is: Denise Collins, Office of Administrative Hearings, at P0 Box 64620, St. Paul, MN 55164-0620, phone 651-361-7875, Fax 651- 361-7936, and e-mail rulecomments@state.mn.us.

Rule Documents:

Other rule documents will be posted as they become available.

Notices

Current Minnesota statutes and rules

Minn. Laws 2015, Ch. 4, section 33. RULEMAKING; MOTORIZED TRAIL ENVIRONMENTAL REVIEW.
(a) The Environmental Quality Board shall amend Minnesota Rules, chapter 4410, to allow the following without preparing a mandatory environmental assessment worksheet:

(1) constructing a recreational trail less than 25 miles long on forested or other naturally vegetated land for a recreational use;

(2) adding a new motorized recreational use or a seasonal motorized recreational use to an existing motorized recreational trail if the treadway width is not expanded as a result of the added use; and

(3) designating an existing, legally constructed route, such as a logging road, for motorized recreational trail use.

(b) The board may use the good cause exemption rulemaking procedure under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section 14.388.

Tentative Schedule:

Task	Date(s)
1st Publish Notice of Intent to Adopt	November 17, 2015
2nd Publish Notice of Intent to Adopt	February 8, 2016
1st time sent to OAH- Notice of Intent to Adopt Proposed order adopting rules and statement of supporting reasons Revisor certified rule language Comment period begins when EQB sends rule package to OAH	November 18, 2015
2nd time sent to OAH - Notice of Intent to Adopt Proposed order adopting rules and statement of supporting reasons Revisor certified rule language Comment period begins when EQB sends rule package to OAH	February 8, 2016
Final adoption of rules: ALJ reviews rules EQB Board approves final rule	N/A (rules not approved by Judge)

Staff Contacts

Erik Cedarleaf Dahl
Planning Director
Environmental Quality Board
520 Lafayette Road North
St. Paul, MN 55155
Phone: (651) 757-2364
Erik.Dahl@state.mn.us

Interested parties who wish to be notified of their opportunity to comment and the final adoption of these amendments are encouraged to register for Govdelivery at https://public.govdelivery.com/accounts/MNEQB/subscriber/new

EQB Good Cause Rulemaking

Good Cause Rulemaking