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<br />Protecting the Natural, Cultural, Scenic, Scientific and Recreational VaIues of the First <br />400 Miles of the Mississippi River <br /> <br />Molly MacGregor <br /> <br />The goal of this case study is to understand how the Mississippi Headwaters Board, a joint powers board of eight <br />counties in north central Minnesota, has developed and delivered programs to achieve the mission statement of <br />protecting the "natural, cultural, scenic, scientific an<l recreational valnes of the Mississippi River". Well do <br />this by examining the followiug issues in four presentations: <br /> <br />1. Reviewing how the Mississippi Headwaters Board (MHB) has fulfilled its obligation in Miuuesota <br />statute to identify the uatural, cultural, scenic, scieutific and recreational values of the first 400 miles of <br />the Mississippi River, aud now is working to use those values to evaluate its program of river <br />protectiou through land use management. <br /> <br />2. Examining how water quality monitoring provides an ongoing assessment of the river's health. This <br />assessment helps us to evaluate how well our strategy of river protection by land management is <br />working; to identify and remedy problems, and to build a worlcing knowledge in the participants of the <br />dynamics of river ecology and human impact. <br /> <br />3. Investigating recreational use of the river, by asking river users and property owners about their use <br />of the river and the qnality of that experience. The mandate to provide for management of recreational <br />use stems from the MHB's empowering legislation in Minnesota statute. The concern for recreational <br />management of the river also reflects the origins of the initiative to protect the Mississippi River <br />through the National Wild and Scenic River act. The current research initiative is telling us who sues <br />the river, how it is used and what we as river managers need to know to start evaluating and managing <br />those uses. <br /> <br />4. Considering how a conflict developed regarding implementation of the MHB's fundamental river <br />protection tool -- regulation of privately owned lands in the river corridor. <br /> <br />The title of the first inquiry of this case study is "How We Learned to Identify the Natural, Cultural, Scenic, <br />Scientific and Recreational Values of the First 400 Miles of the Mississippi River." The MHB's investigation <br />of the river's values is mandated by its empowering legislation. The MHB has a very specific tool for <br />implementing river protection --regulation of land use on privately-owned lands in a dermed corridor adjacent to <br />the first 400 miles of the Mississippi River. <br /> <br />The challenge posed by the MHB's obligation to protect the river is broader than what can be achieved by <br />prohibiting commercial development, managing forestry or by placing a new structure 150 feet back from the <br />river instead of 50 feet back. Zoning and land nse are specific activities, defined by numbers, with specific <br />process for implementation and review. When a zoning hoard is presented with a request for action, the process <br />it must follow is set, and therefore, limited by law. What can be considered in making the decision is limited to <br />the facts of the case itself. At present, zoning law does not provide directive to wlling hoards on how to assess <br />the positive or negative impact of a request for a new home, or a remodeled deck on the river. <br /> <br />In short, there is a gap between the mission of the MHB -- protection of five values --and the tool given the <br />MHB to achieve its mission -- regulation of land use. The challenge to the MHB, then, is to fulfill its mission <br />to protect the natural, cultural, scenic, scientific and recreational values of the Mississippi River, develop a <br />management plan for assuring how that missiou will be reached and to evaluate ongoing river protection efforts, <br />including administration of the land regulation program. <br /> <br />Protection of a river requires lirst a recognition of tile elements that give the river value to humans: <br /> <br />. The river's natural setting, by which is meant the soils, landforms, plants and communities of <br />plants, the animals, birds aud insects, the river channel itself and the quality of the water; <br />