Current regulations
Proposed rulemaking
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EIS Scoping Rule
Revisor ID: R-04978
In 2025, the Minnesota legislature directed the EQB to amend parts of the environmental review rules (Minn. R. 4410.2100) related to “scoping” a mandatory Environmental Impact Statement (EIS). For more information, see Minn. Law 2025, 1st Spec. Sess., Chapter 1, Article 6.
At the February 18, 2026 EQB board meeting, the Board moved forward to fulfill the legislative directive by proposing rule amendments that:
- Remove the requirement that an EAW be prepared for scoping a mandatory EIS
- Provide that “a scoping process” must be completed no later than 280 days after publication of the notice of availability of “a scoping document” in the EQB Monitor
The Board gave the Executive Director the authority to complete the rulemaking process that includes drafting an Order Adopting Rules, sending a Notice of Submission to the Court of Administrative Hearings (CAH), and notifying the EQB’s rulemaking mailing list that the rules were submitted to the CAH for review.
--- Comment period opens March 11 and closes March 17, 2026, at 4:30 p.m. ---
The EQB has issued a Notice of Submission of Exempt Rules Proposed for Adoption Without a Public Hearing; Revisor's ID R-04978, CAH Docket Number 21-9008-41465, for the EIS scoping rule amendments.
As a result of this notice, all interested persons have five business days after the date of this notice to submit comments to the Court of Administrative Hearings via its eComments website or to 600 North Robert Street, P.O. Box 64620, St. Paul, Minnesota 55164-64620. You can submit your questions, comments, and feedback on the proposed rule to the administrative law judge assigned to this rulemaking.
Please review the supporting documents below to gain an understanding for the proposed rule and provide a well-informed comment.
Supporting documents
Good cause exemption process
The legislature allowed EQB to use the Minn. Stat. § 14.388 “good cause exemption” process for this rulemaking, because the legislature specifically directed the changes that need to be made and no interpretation of law is required. This process allows members of the public and interested parties five business days after the date of the notice to submit comments to the CAH.
Gas production (expedited)
At the 2025 April board meeting, the board approved for staff to move forward with developing environmental review mandatory category rules for gas production and adopt expedited rules in order to meet the time line laid out in Minn. Stat. 93.514. The statute states that "the Environmental Quality Board may adopt or amend rules to establish mandatory categories for environmental review as they pertain to gas and oil production." The statute also directs that "an agency adopting rules under this section must use the expedited process ... [t]he agency must publish notice of intent to adopt expedited rules within 24 months of the effective date" of the law.
Staff will provide updates and opportunities for public input in the coming months. We'll continue to update this page with timelines and important dates. Be sure to sign up for email updates on gas production and other ongoing rulemaking.
Historic Rulemaking
Minnesota Statute chapter 14 (Administrative Procedures) requires state agencies doing rulemaking to present facts establishing the need for and reasonableness of the rules as proposed. In general, “need” has come to mean that a problem exists that requires a solution via rulemaking, and “reasonableness” means that the solution proposed is appropriate. These facts are presented in a “Statement of Need and Reasonableness” – referred to as a SONAR – for each rulemaking.
SONARs and other information from completed EQB rulemakings are provided below. For more information on a rulemaking, see the Revisor’s Rule Status system or contact EQB.
2026 - Proposed expedited permanent rules related to environmental review and energy infrastructure
Revisor ID: R-4944
The EQB proposed revisions to the state’s environmental review rules. These rule amendments were necessary to address and align with legislative changes regarding the permitting and environmental review requirements of certain energy projects, subject to the Minnesota Energy Infrastructure Permitting Act (Minn. Stat. 216I) and where the Public Utilities Commission serves as the Responsible Governmental Unit. This rulemaking requirement is directed by Minn. Laws 2024, Chapter 126.
The comment period for the proposed rule language closed on November 14, 2025. Comments received are public and available for review at the CAH Rulemaking eComments website and at the CAH, 600 North Robert Street, P.O. Box 64620, St. Paul, Minnesota 55164-0620.
Approval for the rule was sent by the Minnesota Court of Administrative Hearings on February 3rd, 2026 and can be found below along with other rulemaking documents.
On Monday, March 9, 2026, the Minnesota State Register published the adoption notice making the rule effective. The notice of adoption can be found on the Minnesota State Register, Volume 50, Number 36.
2019 – Mandatory Categories Rulemaking
This rulemaking contained multiple updates, but focused on select mandatory EAW and EIS categories that were identified in the 2013 Mandatory Category report to the legislature and categories identified by the public during rulemaking comment periods. It also included updates to rules related to silica sand projects and recreational trails.
2019 rulemaking documents are located on our Mandatory Categories Rulemaking webpage.
2018 – Preliminary Draft EIS Rulemaking
In 2017, the Minnesota Legislature passed legislation directed the Environmental Quality Board (EQB) to adopt by rule, “procedures to: (2) authorize a responsible government unit to allow a proposer of a specific action to prepare a draft environmental impact statement according to section 116D.04, subdivision 2a, paragraph (i).” (Laws of Minnesota 2017, Chapter 93, Article 2, Section 140)
2010 – Mandatory Category Rulemaking: Air Pollution and Greenhouse Gases
This rulemaking amended the air pollution mandatory category to provide a threshold level for greenhouse gas emissions.
2009 – Environmental Review Program Update Phase 2
This rulemaking provided multiple updates to the environmental review rules, including new mandatory categories, amendments to the AUAR process, clarifying language on cumulative potential effects and cumulative impacts, etc.
2006 – Environmental Review Program Update Phase 1
This rulemaking updated 39 subparts of Minn. R., chapter 4410. Most changes were minor, and meant to improve ambiguity. There were also revisions to EAW thresholds for air pollution, wastewater systems, and historic places.
2004 – Mandatory Category for Recreational Trails
The Environmental Quality Board was directed to adopt rules specifying mandatory and exemption categories for recreational trails by the Legislature in Minnesota Session Laws 2003, chapter 128, article 1, section 167, subdivision 3.
2003 – Large Energy Facilities and Transmission Lines
This rulemaking consisted of amendments, technical fixes, and repeals for environmental review related to large energy facilities and high voltage transmission lines, as well as power plant siting rules.
1997 and 1995 – Environmental Review Rules
These rulemakings consisted of updates to improve the environmental review process.
1991/1992 – Release of Genetically Engineered Organisms
In 1992, EQB adopted rules related to environmental review and permitting of genetically engineered organisms.
1990 – Large Energy Facilities
These amendments applied to parts of the environmental review rules related to large energy facilities and high voltage transmission lines.
1988 and 1986 – Environmental Review Rules
These rulemakings consisted of updates to improve the environmental review process.
1982 – Siting Large Electric Power Plants and Prime Farmland
The proposed amendments changed the process by which power plant sites are selected by revising the site selection criteria and by adding an avoidance area criterion that places limits on use of prime farmland for power plant sites. Second, the proposed amendments establish criteria, standards and administrative procedures for preparation of an inventory of power plant study areas.
1982 – Environmental Review Rules
This rulemaking implemented the 1980 amendments to the Minnesota Environmental Policy Act.
1974 – Original Implementing Rules
This was the original rulemaking to implement the provisions of the Minnesota Environmental Policy Act.