FAQs

Mandatory categories are categories of project types that require environmental review. These categories are referred to as mandatory Environmental Assessment Worksheet (EAW) categories (MR 4410.4300) and mandatory Environmental Impact Statement (EIS) categories (MR 4410.4400). Each mandatory EAW and EIS category has an applicable threshold for determining when review is required and assigns a responsible governmental unit (RGU) to prepare and approve the review documents. Information provided through the Minnesota ER process is intended to ensure that the potential environmental effects of a proposed project will be assessed and disclosed, prior to the approval of any Minnesota governmental action. You can reference a chart of specific categories here.

MN Rule 4410.1700 Subp. 7 provides direction on how to reach an appropriate a decision on whether an Environmental Impact Statement (EIS) will be necessary, or rather, if the project has the potential to result in significant environmental effects. Subdivision 7 lists the criteria for this decision, commonly known as the decision criteria:   

Subp. 7.  Criteria.  

In deciding whether a project has the potential for significant environmental effects, the following factors shall be considered:   

A.  type, extent, and reversibility of environmental effects; 

B.  cumulative potential effects of related or anticipated future projects;  

C.  the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and   

D.  the extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs.   

The 2021 Mandatory Category Report can be found at this link: EQB 2021 Mandatory Category Report - FINAL.pdf (state.mn.us)

Minnesota Statute Chapter 116D.04 Subd. 5b: 

 “By December 1, 2018, and every three years thereafter, the Environmental Quality Board, Pollution Control Agency, Department of Natural Resources, and Department of Transportation, after consultation with political subdivisions, shall submit to the governor and the chairs of the house of representatives and senate committees having jurisdiction over environment and natural resources a list of mandatory environmental assessment worksheet and mandatory environmental impact statement categories for which the agency or a political subdivision is designated as the responsible government unit, and for each worksheet or statement category, a document including: 

(1) intended historical purposes of the category; 

(2) whether projects that fall within the category are also subject to local, state, or federal permits; and 

(3) an analysis of and recommendations for whether the mandatory category should be modified, eliminated, or unchanged based on its intended outcomes and relationship to existing permits or other federal, state, or local laws or ordinances.”