HF 370

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; shooting ranges;
defining generally accepted operation practices;
providing for relation to ordinances, closing and
relocation, noise standards, public access, and
nuisance liability; proposing coding for new law as
Minnesota Statutes, chapter 87A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [87A.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this
section apply to sections 87A.01 to 87A.08.
new text end

new text begin Subd. 2. new text end

new text begin Person. new text end

new text begin "Person" means an individual,
association, proprietorship, partnership, corporation, club,
political subdivision, or other legal entity.
new text end

new text begin Subd. 3. new text end

new text begin Shooting range or range. new text end

new text begin "Shooting range" or
"range" means an area or facility designated or operated for the
use of firearms, as defined in section 97A.015, subdivision 19,
or archery, and includes shooting preserves as described in
section 97A.115 or any other Minnesota law.
new text end

new text begin Subd. 4. new text end

new text begin Generally accepted operation practices.
new text end

new text begin "Generally accepted operation practices" means those voluntary
guidelines adopted by the commissioner of natural resources
under section 87A.02 for the safe operation of shooting ranges.
new text end

new text begin Subd. 5. new text end

new text begin Unit of government. new text end

new text begin "Unit of government" means
a home rule charter or statutory city, county, town, municipal
corporation, or other political subdivision, or any of their
instrumentalities.
new text end

Sec. 2.

new text begin [87A.02] GENERALLY ACCEPTED OPERATION PRACTICES.
new text end

new text begin The commissioner of natural resources must develop and
adopt generally accepted operation practices for shooting
ranges. In developing generally accepted operation practices,
the commissioner must consult with range operators and any
consultants the range operators provide. The practices must
include the noise standards in section 87A.06. The practices
must provide for operation of shooting preserves within their
boundaries notwithstanding any discharge distance limitations
provided by rule or otherwise concerning hunting on other land.
The commissioner must review the generally accepted operation
practices at least every five years and revise as the
commissioner considers necessary for safe operation of a
shooting range. The commissioner must adopt initial guidelines
by July 1, 2004.
new text end

Sec. 3.

new text begin [87A.03] LOCAL ORDINANCES; EXISTING OPERATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Compliant ranges may continue
operating. new text end

new text begin A shooting range that is in operation and is in
substantial compliance with existing law at the time of the
enactment of an ordinance of a unit of government affecting,
directly or indirectly, operation or use of a shooting range
must be permitted to continue in operation even if the operation
of the shooting range at a later date does not conform to the
new ordinance or an amendment to an existing ordinance.
new text end

new text begin Subd. 2. new text end

new text begin Compliant ranges may repair, remodel, replace,
expand. new text end

new text begin A shooting range that operates in substantial
compliance with generally accepted operation practices, even if
not in compliance with an ordinance of a unit of government
affecting, directly or indirectly, operation or use of a
shooting range, must be permitted to do all of the following
within its geographic boundaries if done in accordance with
generally accepted operation practices:
new text end

new text begin (1) repair, remodel, improve, replace, construct, or
reinforce any conforming or nonconforming building or structure
as may be necessary or desirable in the interest of safety or to
secure the continued use of the range, building, or structure;
new text end

new text begin (2) reconstruct, repair, restore, remodel, improve,
replace, or resume the use of any conforming or nonconforming
building or structure damaged by fire, collapse, erosion, wear
and tear, obsolescence, explosion, act of God, or act of war;
new text end

new text begin (3) expand or increase its membership or opportunities for
public participation;
new text end

new text begin (4) make those repairs or improvements necessary or
desirable under generally accepted operation practices;
new text end

new text begin (5) expand or increase events, facilities, and activities;
and
new text end

new text begin (6) conduct shooting activities and discharge firearms
between 7:00 a.m. and 10:00 p.m., which is "daytime" under
Minnesota Rules, part 7030.0020, subpart 3, in effect on March
1, 1999.
new text end

new text begin Nothing in this subdivision exempts any newly constructed
or remodeled building on a shooting range from compliance with
fire safety, handicapped accessibility, elevator safety,
bleacher safety, or other provisions of the State Building Code
that have mandatory statewide application.
new text end

Sec. 4.

new text begin [87A.04] CLOSING OR RELOCATING SHOOTING RANGES;
PAYMENT OF CERTAIN COSTS.
new text end

new text begin Subdivision 1. new text end

new text begin Closure or relocation criteria. new text end

new text begin A
shooting range either may be closed under subdivision 3, or
relocated under subdivision 4, by a state agency or unit of
government only if, because of new, permitted development of
adjacent land, the range becomes a clear, immediate, and proven
safety hazard to the adjacent population and it cannot be
brought into compliance with generally accepted operation
practices concerning range safety with range or operation
improvements.
new text end

new text begin Subd. 2. new text end

new text begin Procedure. new text end

new text begin The clear and immediate safety
hazard must be proven at a declaratory judgment proceeding in
district court. The plaintiff must provide in the complaint a
clear and precise statement of the complete factual basis for
alleging a safety hazard. The court must make written findings
and conclusions as to the hazard alleged in the complaint and
whether range improvements are available to bring the range into
compliance with the generally accepted operation practices
concerning range safety. If the court concludes that there is a
clear and immediate safety hazard and the operation of the
shooting range can be brought into compliance with the generally
accepted operation practices concerning range safety with range
or operation improvements, the state agency that controls the
state-owned land or the local government unit that has land use
planning and zoning authority for the development of the
adjacent land must pay for the range or operation improvements.
new text end

new text begin Subd. 3. new text end

new text begin Closure. new text end

new text begin If a clear and immediate safety hazard
is proven as required under subdivisions 1 and 2, a shooting
range may be closed by the state agency or the unit of
government if the agency or unit of government closing the
shooting range pays the fair market value of the range operation
as a going concern to the operators and the fair market value of
the land, including improvements, to the owner of the land.
new text end

new text begin Subd. 4. new text end

new text begin Relocation. new text end

new text begin If a clear and immediate safety
hazard is proven as required under subdivisions 1 and 2, upon
request by the operator of the shooting range, the agency or
unit of government must relocate the shooting range to a
suitable new location. The agency or unit of government may use
its power of eminent domain to acquire the new location. If a
range is relocated, the state agency or unit of government must
pay the operator the fair market value of the range as a going
concern and the owner the fair market value of the land and
improvements, minus all reasonable, additional direct costs
incurred by the state agency or unit of government in acquiring
the new location and moving the range to the new site.
new text end

new text begin Subd. 5. new text end

new text begin Transfer of title. new text end

new text begin The shooting range owner and
operator must transfer their interests in the property to the
agency or unit of government after full and final payment under
subdivision 3 or after the relocation is completed under
subdivision 4.
new text end

Sec. 5.

new text begin [87A.05] NOISE BUFFERING OR ATTENUATION.
new text end

new text begin (a) If a shooting range is operated in substantial
compliance with generally accepted operation practices and if
property located within one mile of the exterior property
boundary of the range is rezoned or developed, the unit of
government must provide for noise buffers, attenuation devices,
safety improvements, or equivalent measures that are:
new text end

new text begin (1) within the new development as a condition for
developing the property or as supplied by the unit of
government; or
new text end

new text begin (2) supplied or funded by the unit of government for
location in the range.
new text end

new text begin (b) Property owners, developers, units of government, and
ranges may negotiate and provide for noise buffers or
attenuation devices located on or off the range.
new text end

new text begin (c) Any noise buffering or attenuation under this section
must comply with the noise standards prescribed by section
87A.06.
new text end

Sec. 6.

new text begin [87A.06] NOISE STANDARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Noise standards. new text end

new text begin (a) A person who owns or
operates or uses a shooting range in this state is subject only
to the noise standards and procedures in Minnesota Rules, parts
7030.0010 to 7030.0080, in effect on March 1, 1999. The noise
area classifications shall be utilized as well as the provisions
for daytime and nighttime standards within those classifications.
The steady state noise L10 and L50 standards for each period of
the day or night within each noise area classification shall be
replaced by a single Leq(h) standard for impulsive noise that is
two dBA lower than that of the L10 level for steady state noise.
new text end

new text begin (b) This section and the standards in paragraph (a) shall
be applied in the same manner as a generally accepted operation
practice for all of the provisions of this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Actions based on noise. new text end

new text begin Any action brought
against a range on the basis of noise or disturbance by
impulsive noise from a shooting range must be dismissed unless
such action is initially supported by affidavit of a qualified
or licensed noise consultant stating that noise measurements
were taken by proper instruments, which were calibrated
properly, and according to the procedures and standards in
Minnesota Rules, parts 7030.0010 to 7030.0080.
new text end

Sec. 7.

new text begin [87A.07] NUISANCE ACTIONS; SUBSTANTIAL COMPLIANCE
WITH GENERALLY ACCEPTED OPERATION PRACTICES.
new text end

new text begin A person who owns, operates, or uses a shooting range in
this state that is in substantial compliance with generally
accepted operation practices is not subject to any action for
nuisance and no court of this state may enjoin or restrain the
use or operation of such a range. This section does not
prohibit an action that seeks monetary damages for personal
injury or tangible property damage caused by recklessness or
negligence in the operation of the range or by a person using
the range in a reckless or negligent manner.
new text end

Sec. 8.

new text begin [87A.08] PUBLIC ACCESS TO SHOOTING RANGES.
new text end

new text begin Shooting ranges maintained or operated, in whole or in
part, with public funds must be reasonably available for public
use. A reasonable fee in an amount not to exceed the actual
additional direct costs caused by public use may be charged.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 are effective the day following final
enactment.
new text end