HF 1649

as introduced - 89th Legislature (2015 - 2016) Posted on 03/18/2015 12:29pm

A bill for an act
relating to natural resources; allowing early withdrawal from Sustainable Forest
Incentive Act under certain conditions; amending Minnesota Statutes 2014,
section 290C.10.

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

Section 1.

Minnesota Statutes 2014, section 290C.10, is amended to read:

290C.10 WITHDRAWAL PROCEDURES.

An approved claimant under the sustainable forest incentive program for a minimum
of four years may notify the commissioner of the intent to terminate enrollment. Within
90 days of receipt of notice to terminate enrollment, the commissioner shall inform the
claimant in writing, acknowledging receipt of this notice and indicating the effective date
of termination from the sustainable forest incentive program. Termination of enrollment in
the sustainable forest incentive program occurs on January 1 of the fifth calendar year that
begins after receipt by the commissioner of the termination notice. After the commissioner
issues an effective date of termination, a claimant wishing to continue the land's
enrollment in the sustainable forest incentive program beyond the termination date must
apply for enrollment as prescribed in section 290C.04. A claimant who withdraws a parcel
of land from this program may not reenroll the parcel for a period of three years. Within
90 days after the termination date, the commissioner shall execute and acknowledge a
document releasing the land from the covenant required under this chapter. The document
must be mailed to the claimant and is entitled to be recorded. The commissioner may
allow early withdrawal from the Sustainable Forest Incentive Act without penalty when
the state of Minnesota, any local government unit, or any other entity which has the
power of eminent domain acquires title or possession to the land for a public purpose
notwithstanding the provisions of this section. In the case of deleted text begin such deleted text end new text begin an eligible new text end acquisition,
the commissioner shall execute and acknowledge a document releasing the land acquired
by the state, local government unit, or other entity from the covenant. new text begin Notwithstanding
this section, the commissioner shall allow early withdrawal from the Sustainable Forest
Incentive Act without penalty when the state acquires a permanent conservation easement
on the enrolled property and the conservation easement is at least as restrictive as the
covenant required under section 290C.04. In the case of an eligible easement acquisition,
the commissioner shall execute and acknowledge a document releasing the land subject to
the easement from the covenant. new text end All other enrolled land must remain in the program.