Dayton signs executive order expediting permitting process
Monday, January 24, 2011 at 12:31 pm
Gov. Mark Dayton signed an executive order on Monday that would speed up the environmental permitting process of the Department of Natural Resources (DNR) and the Minnesota Pollution Control Agency (MPCA). The order is similar to a bill proposed by Republicans and was one of their top “job creation” priorities.
“I am pleased that Legislative Leaders and I agree on the need to streamline permitting processes and shorten review timelines in order to support businesses expanding and creating new jobs,” Dayton said in a statement announcing the executive order. “MPCA Commissioner Aasen and DNR Commissioner Landwehr deserve great credit for swiftly mobilizing their agencies to respond more quickly to business needs, while at the same time protecting our citizens and our environment.”
The order would direct state agencies to make a decision on applications within 150 days and to make a decision on environmental impact studies in 30 days. It directs agencies to accept applications and environmental impact studies electronically.
The order also says that when state environmental law is more stringent than federal law or the law of surrounding states, the permitting agency must provide a justification for why the bar would be set higher for that specific permit.
The contents of the order are very similar to a bill introduced by Republican Rep. Dan Fabian of Roseau and was a capstone bill in the job creation plan introduced by Republicans in the first week of the legislative session.
One key provision that seems to have been left out is one that would allow developers to write their own environmental impact studies instead of the permitting agency.
Here’s a copy of Dayton’s order:
3 Comments
Comment posted January 25, 2011 @ 5:52 pm
“One key provision that seems to have been left out is one that would allow developers to write their own environmental impact studies instead of the permitting agency.”
Just as it should be. Now make sure that developers do not write the studies *for* the permitting agency.
Comment posted January 26, 2011 @ 6:32 am
I suspect that many developers would not have the expertise to fill out environmental impact studies that are acceptable to the permitting agencies causing further delays to the developers as well as wasting scarce agency resources causing even further delays.
I also am askance about the Republican proposal to allow developers to appeal agencies’ decisions directly to the Court of Appeals bypassing the more accessible ten district courts throughout the state. Cases are first filed in the district court with resultant appeals to the Court of Appeals, and from there to the Minnesota Supreme Court. Why should developers get preference over all other cases?
Comment posted January 26, 2011 @ 6:39 am
The developers can wait their turn for justice just like everyone else.
I gather also that the wheels of justice in our state have gotten slower due to inadequate funding …
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