December 2009
New Mandatory EAW/EIS Categories for Shoreland Areas
Some of you may be aware that the Environmental Quality Board (EQB) has been working on EAW and EIS rule changes over the past year. This November 2009, the EQB did pass new mandatory environmental review requirements for projects within shoreland zones. This may affect future projects in your community.
Minnesota Rule 4410 outlines when an Environmental Assessment Worksheet (EAW) or an Environmental Impact Statement (EIS) is required to be completed. The text of the new mandatory EAW provisions can be found at www.revisor.mn.gov/index.php within Rule 4410.4300 Subp. 19a, 20a, 36a. The EIS triggers can be found in 4410.440 Subp. 14a, 26, and 27. A brief summary of the EAW triggers is provided below:
Land Conversion in Shoreland: This provision will likely affect many projects proposed within a shoreland area in your community. Any project that includes the following must include an EAW:
- Alters 800 feet or more of the shoreline in a sensitive* shoreland area or 1,320 feet or more of shoreline in a nonsensitive shoreland area.
- Alters more that 50% of the shore impact zone if alteration measures at least 5,000 square feet.
- Permanently converts 20 or more acres of forested/naturally vegetated land in sensitive shoreland area or 40 or more acres of forested/naturally vegetated land in nonsensitive shoreland area.
*Sensitive shoreland area is generally defined as lakes classified as Natural Environment, trout lakes and streams, Outstanding Resource Value Waters (ORVW), or designated wildlife and waterfowl feeding lakes as defined by DNR.
Residential Development in Shoreland Outside the Seven-County Metro Area: This provision is specific for outstate areas. Any project that includes the following will generally need an EAW. Please note there are specific additional conditions with these triggers that should be reviewed for a specific project to determine the need for an EAW/EIS in MR4410.4300 Subp. 19a and 4410.4300 Subp. 14:
- Development containing 15 or more units in a sensitive shoreland area or 25 or more units in a nonsensitive shoreland, if certain conditions apply.
- Development containing 25 or more units in a nonsensitive shoreland area or 50 or more units in a nonsensitive area, regardless of any conditions.
- Development in a sensitive shoreland area that provides permanent mooring space for at least one nonriparian unit.
There are additional triggers within this rule that should be reviewed within the specific project as they are too cumbersome to summarize here.
We are happy to discuss these rule changes with you to determine if projects will be impacted. If you have questions or need additional information, please feel free to call me at 763.287.7196 or amoffatt@wsbeng.com.
Previous blogs:
Approved Wetland Conservation Act Rules
Revised Rules of the Wetland Conservation Act
Grant Opportunities and Other Funding Mechanisms
It is more than digging a hole...
Wetland replacement on-site or off-site?
Wetland Mitigation
Wetland Conservation Act