The proposed rules would amend the lists of mandatory Environmental Assessment Worksheet categories (at Minnesota Rules, part 4410.4300) and Exemption categories (at Minnesota Rules, part 4410.4600) to add categories specific to certain types of recreational trails. The proposed rules would not establish categories for mandatory Environmental Impact Statements for recreational trails. The proposed mandatory EAW and Exemption categories would apply to private as well as public recreational trails, provided that private trails would only be subject to review if governmental approval or financial assistance was involved. Currently, the environmental review program rules do not contain any mandatory review or exemption categories that apply directly to recreational trails of any type. An EAW may be prepared on a discretionary basis by a unit of government for a recreational trail, and citizens may request preparation of an EAW by filing a citizen’s petition as authorized by the environmental review rules. If the EQB adopts the mandatory EAW and Exemption categories, review will become automatic for some trail projects, while discretionary review (including review initiated by citizen petition) will no longer be possible for some other projects.
Minnesota Laws 2003, chapter 128, article 1, section 167, subdivision 3, which directs the EQB to “adopt rules providing for threshold levels for environmental review for recreational trails.”The EQB also has standing authority to adopt and amend the mandatory categories and exemptions pursuant to Minnesota Statutes, section 116D.04, subd. 2a (a). A copy of the proposed rules is published in the State Register and attached to this notice as mailed. The proposed rule is also available at the EQB website, www.eqb.state.mn.us. A free copy of the rules is available upon request from the agency contact person. The agency contact person is: Gregg Downing at EQB, 300 Centennial Building, 658 Cedar Street, St. Paul, MN 55155; phone, 651/205-4660; FAX, 651/296-3698; and email, gregg.downing@state.mn.us. TTY users may call the Department of Administration at 800/627-3529.
Statement of Need and Reasonableness. A Statement of Need and Reasonableness is now available for review at the EQB offices and website (www.eqb.state.mn.us) and at the Office of Administrative Hearings. This statement contains a summary of the justification for the proposed rules, including a description of who will be affected by the proposed rules and an estimate of the probable cost of the proposed rules. The statement may be reviewed and copies obtained at the cost of reproduction from the agency.