Expedited Rulemaking for Explorers and Exploratory Borings

In 2026, the Minnesota Legislature authorized the Minnesota Department of Health (MDH) to adopt rules for gas wells and exploratory borings that encounter gas, while repealing MDH’s limited rulemaking authority under Minnesota Statutes, Section 93.514 for exploratory borings. Because of this, MDH is planning to withdraw the current exploratory boring rule draft and will proceed under the new statutory expedited rulemaking authority.

The authority for this rule originated from the 2024 legislature where the Department of Natural Resources, Minnesota Department of Health, Environmental Quality Board, Minnesota Pollution Control Agency, and Labor and Industry were authorized to use expedited rulemaking for gas resources rule proposals. All rules proposed using this authority were to be published in State Register by May 22, 2026. 

MDH’s expedited rulemaking authority was limited to amending rules on groundwater and surface water protection, exploratory boring construction, drilling registration and licensure, and inspections as they pertain to the exploration and appraisal of gas resources. MDH published the Notice of Intent to Adopt rules in the State Register on May 11, 2026.

While the authority for this rulemaking was repealed prior to the close of the 30-day comment period, MDH will consider the received comments in the new rulemaking addressing gas wells and exploratory borings.

Proposed revision documents

• Notice of Intent to Adopt Expedited Rules without a Hearing, published in the Minnesota State Register, Volume 50, Number 45 (PDF) (Page 1209) on May 11, 2026 
• Notice of Intent to Adopt Expedited Rules without a Hearing (PDF)
• Proposed Rule Amendments for Minnesota Rules, Chapter 4727 (PDF)

Rulemaking contacts

Questions regarding the rulemaking process or the revised rules may be directed to:

Avery Guertin or Jon Olson
wellrules.mdh@state.mn.us
651-201-4600 or 800-393-9808