HF 2198

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 no net 
  1.3             loss of public shoreland; appropriating money; 
  1.4             amending Minnesota Statutes 1998, sections 92.45; 
  1.5             282.018, subdivision 1; and 477A.11, subdivisions 3 
  1.6             and 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [TITLE.] 
  1.9      This act may be called the "No Net Loss of Public Shoreland 
  1.10  Act." 
  1.11     Sec. 2.  Minnesota Statutes 1998, section 92.45, is amended 
  1.12  to read: 
  1.13     92.45 [STATE LAND ON MEANDERED LAKES WITHDRAWN FROM SALE.] 
  1.14     Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.15  "public waters" has the meaning given in section 103G.005, 
  1.16  subdivision 15, except for public waters wetlands. 
  1.17     Subd. 2.  [WITHDRAWAL FROM SALE; RESTRICTIONS.] (a) All 
  1.18  state lands bordering on or adjacent to meandered lakes and 
  1.19  other public waters and watercourses, with the live timber 
  1.20  growing on them, are withdrawn from sale except as provided in 
  1.21  this section.  The commissioner of natural resources may sell 
  1.22  the timber as otherwise provided by law for cutting and removal 
  1.23  under conditions the commissioner prescribes, in conformance 
  1.24  with established riparian guidelines.  The conditions must be in 
  1.25  accordance with approved, sustained-yield forestry practices.  
  1.26  The commissioner must reserve the timber and impose other 
  2.1   conditions the commissioner deems necessary to protect 
  2.2   watersheds, wildlife habitat, shorelines, and scenic features.  
  2.3   Within the area in Cook, Lake, and St. Louis counties described 
  2.4   in the act of Congress approved July 10, 1930, (Statutes at 
  2.5   Large, volume 46, page 1020), the timber on state lands is 
  2.6   subject to restrictions like those now imposed by the act on 
  2.7   federal lands. 
  2.8      (b) The following land is reserved for public travel:  of 
  2.9   all land bordering on or adjacent to meandered lakes and other 
  2.10  public waters and watercourses and withdrawn from sale, a strip 
  2.11  two rods wide, the ordinary high-water mark being its waterside 
  2.12  boundary, and its landside boundary a line drawn parallel to the 
  2.13  ordinary high-water mark and two rods distant landward from it.  
  2.14  Wherever the conformation of the shore line or conditions 
  2.15  require, the commissioner must reserve a wider strip.  The strip 
  2.16  must be recorded as a mandatory restriction on the deed of the 
  2.17  property. 
  2.18     (c) The commissioner may sell state lands bordering on or 
  2.19  adjacent to the Mississippi river or any lakes, waters, and 
  2.20  watercourses in its bottom lands, except for those lands with 
  2.21  important ecological characteristics, desired or needed by the 
  2.22  United States government for, or in connection with, any project 
  2.23  heretofore authorized by Congress, to improve navigation in the 
  2.24  Mississippi River at public sale according to law, as in other 
  2.25  cases, upon application by an authorized United States 
  2.26  official.  The application must describe the land and include a 
  2.27  map showing its location with reference to adjoining properties. 
  2.28     Sec. 3.  Minnesota Statutes 1998, section 282.018, 
  2.29  subdivision 1, is amended to read: 
  2.30     Subdivision 1.  [LAND ON OR ADJACENT TO PUBLIC WATERS.] (a) 
  2.31  All land which is the property of the state as a result of 
  2.32  forfeiture to the state for nonpayment of taxes, regardless of 
  2.33  whether the land is held in trust for taxing districts, and 
  2.34  which borders on or is adjacent to meandered lakes and other 
  2.35  public waters and watercourses, and the live timber growing or 
  2.36  being thereon, is hereby withdrawn from sale except as 
  3.1   hereinafter provided.  The authority having jurisdiction over 
  3.2   the timber on any such lands may sell the timber as otherwise 
  3.3   provided by law for cutting and removal under such conditions as 
  3.4   the authority may prescribe in accordance with approved, 
  3.5   sustained yield forestry practices and established riparian 
  3.6   guidelines.  The authority having jurisdiction over the timber 
  3.7   shall reserve such timber and impose such conditions as the 
  3.8   authority deems necessary for the protection of watersheds, 
  3.9   wildlife habitat, shorelines, and scenic features.  Within the 
  3.10  area in Cook, Lake, and St. Louis counties described in the Act 
  3.11  of Congress approved July 10, 1930 (46 Stat. 1020), the timber 
  3.12  on tax-forfeited lands shall be subject to like restrictions as 
  3.13  are now imposed by that act on federal lands.  
  3.14     (b) Of all tax-forfeited land bordering on or adjacent to 
  3.15  meandered lakes and other public waters and watercourses and so 
  3.16  withdrawn from sale, a strip two rods in width, the ordinary 
  3.17  high-water mark being the waterside boundary thereof, and the 
  3.18  land side boundary thereof being a line drawn parallel to the 
  3.19  ordinary high-water mark and two rods distant landward 
  3.20  therefrom, hereby is reserved for public travel thereon, and 
  3.21  whatever the conformation of the shore line or conditions 
  3.22  require, the authority having jurisdiction over such lands shall 
  3.23  reserve a wider strip for such purposes.  The strip must be 
  3.24  recorded as a mandatory restriction on the deed of the property. 
  3.25     (c) Any tract or parcel of land which has 50 feet or less 
  3.26  of waterfront may be sold by the authority having jurisdiction 
  3.27  over the land, in the manner otherwise provided by law for the 
  3.28  sale of such lands, if the authority determines that it is in 
  3.29  the public interest to do so.  If the authority having 
  3.30  jurisdiction over the land is not the commissioner of natural 
  3.31  resources, the land may not be offered for sale without the 
  3.32  prior approval of the commissioner of natural resources. 
  3.33     (d) An undeveloped tract or parcel of land with more than 
  3.34  50 but less than 100 feet of public waters shoreland may be sold 
  3.35  by the authority having jurisdiction over the land only to a 
  3.36  unit of government for public use or to an adjacent landowner. 
  4.1      (e) If a proposal for disposition of land under this 
  4.2   subdivision includes the sale of an undeveloped tract or parcel 
  4.3   with 100 or more feet of waterfront, the proposed disposition 
  4.4   shall retain in state ownership a 200-foot setback, measured 
  4.5   from the ordinary high-water mark.  The first 75 feet of setback 
  4.6   is reserved for public use.  This paragraph does not apply to a 
  4.7   proposed conveyance of land to a local unit of government for 
  4.8   public use. 
  4.9      (f) Where the authority having jurisdiction over lands 
  4.10  withdrawn from sale under this section is not the commissioner 
  4.11  of natural resources, the authority may submit proposals for 
  4.12  disposition of the lands to the commissioner by August 1 
  4.13  annually.  Before submitting land disposition proposals to the 
  4.14  commissioner, the authority must hold a public meeting that 
  4.15  offers the public an opportunity to comment and make 
  4.16  recommendations on any proposed land disposition.  Decisions on 
  4.17  the sale of lake shoreland must be consistent with individual 
  4.18  lake management plans of local government, lake associations, or 
  4.19  state agencies.  The commissioner of natural resources shall 
  4.20  evaluate the lands and their public benefits and make 
  4.21  recommendations on the proposed dispositions to the committees 
  4.22  of the legislature with jurisdiction over natural resources.  
  4.23  The commissioner shall include any recommendations of the 
  4.24  commissioner for disposition of lands withdrawn from sale under 
  4.25  this section over which the commissioner has jurisdiction.  The 
  4.26  commissioner's recommendations may include a public sale, sale 
  4.27  to a private party, acquisition by the department of natural 
  4.28  resources for public purposes, or a cooperative management 
  4.29  agreement with, or transfer to, another unit of government. 
  4.30     (g) The commissioner must seek angler access easements on 
  4.31  tax-forfeited parcels along designated trout streams that are 
  4.32  sold to private parties.  If the setting and ecological needs of 
  4.33  an individual water body require it, a conservation easement 
  4.34  consistent with accepted best management practices must be 
  4.35  placed on land with 100 feet or more of public waters shoreland 
  4.36  to be sold. 
  5.1      (h) Any proposal to sell tax-forfeited land bordering 
  5.2   public water in a bill introduced in a legislative session may 
  5.3   not be acted upon until the next calendar year. 
  5.4      (i) A county selling a tax-forfeited parcel under this 
  5.5   section must report the sale to the commissioner on a form 
  5.6   provided within 30 days of the sale. 
  5.7      (j) For purposes of this section, "undeveloped" means 
  5.8   without water or sewer service, buildings, or other improvements 
  5.9   and "public waters" has the meaning given in section 103G.005, 
  5.10  subdivision 15, except for public water wetlands. 
  5.11     Sec. 4.  Minnesota Statutes 1998, section 477A.11, 
  5.12  subdivision 3, is amended to read: 
  5.13     Subd. 3.  [ACQUIRED NATURAL RESOURCES LAND.] "Acquired 
  5.14  natural resources land" means any land presently administered by 
  5.15  the commissioner in which the state acquired by purchase, 
  5.16  condemnation, or gift, a fee title interest in lands which were 
  5.17  previously privately owned, or tax-forfeited land under section 
  5.18  282.018, subdivision 1.  
  5.19     Sec. 5.  Minnesota Statutes 1998, section 477A.11, 
  5.20  subdivision 4, is amended to read: 
  5.21     Subd. 4.  [OTHER NATURAL RESOURCES LAND.] "Other natural 
  5.22  resources land" means:  
  5.23     (1) any other land presently owned in fee title by the 
  5.24  state and administered by the commissioner, or any tax-forfeited 
  5.25  land not included within subdivision 3, other than platted lots 
  5.26  within a city, which is owned by the state and administered by 
  5.27  the commissioner or by the county in which it is located; and 
  5.28     (2) land leased by the state from the United States of 
  5.29  America through the United States Secretary of Agriculture 
  5.30  pursuant to Title III of the Bankhead Jones Farm Tenant Act, 
  5.31  which land is commonly referred to as land utilization project 
  5.32  land that is administered by the commissioner. 
  5.33     Sec. 6.  [APPROPRIATION.] 
  5.34     $100,000 is appropriated from the general fund to the 
  5.35  commissioner of natural resources for data collection and 
  5.36  recordkeeping of public shoreland disposition.  The 
  6.1   appropriation is available until expended. 
  6.2      Sec. 7.  [EFFECTIVE DATE.] 
  6.3      Sections 1 to 6 are effective January 1, 2000.