HF 2119

as introduced - 89th Legislature (2015 - 2016) Posted on 03/25/2015 10:55am

A bill for an act
relating to local government; authorizing managed natural landscapes;
prohibiting local ordinances that prohibit natural landscapes; proposing coding
for new law in Minnesota Statutes, chapter 471.

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

Section 1.

new text begin [471.145] MANAGED NATURAL LANDSCAPES PERMITTED.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to home rule charter and statutory
cities, towns, and counties.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given them.
new text end

new text begin (b) "Managed natural landscape" means a planned, intentional, and maintained
planting of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees,
including but not limited to rain gardens, meadow vegetation, and ornamental plantings.
new text end

new text begin (c) "Meadow vegetation" means grasses and flowering broad-leaf plants that are
native to or adapted to the state and that are commonly found in meadow and prairie plant
communities. Meadow vegetation does not include noxious weeds.
new text end

new text begin (d) "Noxious weed" has the meaning given in section 18.77, subdivision 8.
new text end

new text begin (e) "Ornamental plants" means grasses, perennials, annuals, and ground covers
purposefully planted for aesthetic reasons.
new text end

new text begin (f) "Rain garden" means a native plant garden that is designed not only to
aesthetically improve property, but also to reduce the amount of stormwater and
accompanying pollutants from entering streams, lakes, and rivers.
new text end

new text begin (g) "Turf-grass lawn" means a lawn comprised mostly of grasses commonly used
in regularly cut lawns or play areas, such as, but not limited to, bluegrass, fescue, and
ryegrass blends, intended to be maintained at a height of no more than eight inches.
new text end

new text begin Subd. 3. new text end

new text begin Managed natural landscapes permitted. new text end

new text begin An owner, authorized agent, or
authorized occupant of any privately owned lands or premises may install and maintain a
managed natural landscape. Managed natural landscapes may include plants and grasses
in excess of ten inches in height and which have gone to seed, but may not include
any noxious weeds and must be maintained so as not to include unintended vegetation.
Managed natural landscapes may not include any plantings that, due to location and
manner of growth, constitute a hazard to the public or may cause injury or damage to
persons or property. Managed natural landscapes must not include turf-grass lawns left
unattended for the purpose of returning to a natural state.
new text end

new text begin Subd. 4. new text end

new text begin May not prohibit managed natural landscapes. new text end

new text begin A home rule charter or
statutory city, county, or town may adopt ordinances to implement this section but may not
adopt or enforce an ordinance that prohibits managed natural landscapes.
new text end