HF 2613

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; providing for the 
  1.3             establishment of heritage forests in specified 
  1.4             counties through resolution of the county board; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 89. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [LEGISLATIVE INTENT.] 
  1.9      The legislature recognizes the ecological importance of 
  1.10  preserving and protecting forest areas of the state that are 
  1.11  threatened by rapid urbanization.  This act provides a 
  1.12  partnership between the state, local governments, and private 
  1.13  landowners to preserve and protect forested areas of the state 
  1.14  that are threatened by rapid urbanization.  This act is also a 
  1.15  recognition of the existing private stewardship efforts and 
  1.16  provides incentives for continuing and increasing those efforts. 
  1.17     Sec. 2.  [89.018] [HERITAGE FORESTS.] 
  1.18     Subdivision 1.  [ESTABLISHMENT; TERMINATION.] (a) A 
  1.19  heritage forest may be established by resolution of the county 
  1.20  board in areas of a county named under this subdivision.  The 
  1.21  heritage forest is established for areas of a county effective 
  1.22  the day following the adoption of a resolution by the county 
  1.23  board delineating the heritage forest area of the county. 
  1.24     (b) The named counties for the Big Woods Heritage Forest 
  1.25  are: 
  1.26     (1) Blue Earth; 
  2.1      (2) Carver; 
  2.2      (3) Dakota; 
  2.3      (4) Hennepin; 
  2.4      (5) Le Sueur; 
  2.5      (6) McLeod; 
  2.6      (7) Meeker; 
  2.7      (8) Nicollet; 
  2.8      (9) Rice; 
  2.9      (10) Sibley; 
  2.10     (11) Scott; 
  2.11     (12) Waseca; and 
  2.12     (13) Wright. 
  2.13     (c) The commissioner may terminate the heritage forest 
  2.14  status of an area within a county if the commissioner determines 
  2.15  that the termination would be in the public interest and the 
  2.16  county board has submitted a resolution to the commissioner 
  2.17  requesting termination. 
  2.18     Subd. 2.  [COMMISSIONER'S POWERS.] Within areas established 
  2.19  as a heritage forest under subdivision 1, the commissioner may: 
  2.20     (1) designate any state-owned lands as heritage forest 
  2.21  lands for management purposes, including lands that have 
  2.22  previously been designated for another purpose; 
  2.23     (2) accept donations of land, including easements under 
  2.24  subdivision 3, for heritage forest management; 
  2.25     (3) manage lands designated by local governments for 
  2.26  heritage forest management; and 
  2.27     (4) contract with other agencies or organizations for 
  2.28  management services, including any required monitoring 
  2.29  activities. 
  2.30     Subd. 3.  [EASEMENTS.] (a) The commissioner may acquire 
  2.31  heritage forest land for conservation purposes in areas 
  2.32  established under subdivision 1 by entering into easements with 
  2.33  landowners.  The easements must be conservation easements as 
  2.34  defined in section 84C.01, clause (1), except the easements may 
  2.35  be made possessory as well as nonpossessory if agreed upon by 
  2.36  the landowner and the commissioner. 
  3.1      (b) In an easement agreement between the commissioner and a 
  3.2   landowner, the landowner must agree: 
  3.3      (1) to place eligible heritage forest lands in the program 
  3.4   for the period of the easement; 
  3.5      (2) to implement a heritage forest stewardship plan as 
  3.6   provided in the easement agreement; 
  3.7      (3) not to alter the heritage forest by developing the 
  3.8   land, cutting timber that is not identified in the forest 
  3.9   stewardship plan, or otherwise destroying the heritage forest 
  3.10  character of the easement area; 
  3.11     (4) to allow the commissioner or agents of the commissioner 
  3.12  access to the land for monitoring activities; 
  3.13     (5) not to adopt a practice specified by the commissioner 
  3.14  in the easement as a practice that would tend to defeat the 
  3.15  purposes of the heritage forest; and 
  3.16     (6) to additional provisions included in the easement that 
  3.17  the commissioner determines are desirable. 
  3.18     (c) A limited-term easement may be converted to a permanent 
  3.19  easement or renewed at the end of the easement period by mutual 
  3.20  agreement of the commissioner and the landowner. 
  3.21     (d) If during the easement period the landowner sells or 
  3.22  otherwise disposes of the ownership or right of occupancy of the 
  3.23  land, the new landowner must continue the easement under the 
  3.24  same terms or conditions. 
  3.25     (e) The commissioner may terminate an easement by mutual 
  3.26  agreement with the landowner if the commissioner determines that 
  3.27  the termination would be in the public interest.  The 
  3.28  commissioner may agree to modification of an agreement if the 
  3.29  commissioner determines the modification is desirable to 
  3.30  implement the heritage forest program.