HF 2613

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying provisions 
  1.3             for designating acquired critical natural habitat; 
  1.4             providing for the establishment of heritage forests in 
  1.5             specified counties through resolution of the county 
  1.6             board; amending Minnesota Statutes 1998, section 
  1.7             84.944, subdivision 2; proposing coding for new law in 
  1.8             Minnesota Statutes, chapter 89. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [LEGISLATIVE INTENT.] 
  1.11     The legislature recognizes the ecological importance of 
  1.12  preserving and protecting forest areas of the state that are 
  1.13  threatened by rapid urbanization.  This act provides a 
  1.14  partnership between the state, local governments, and private 
  1.15  landowners to preserve and protect forested areas of the state 
  1.16  that are threatened by rapid urbanization.  This act is also a 
  1.17  recognition of the existing private stewardship efforts and 
  1.18  provides incentives for continuing and increasing those efforts. 
  1.19     Sec. 2.  Minnesota Statutes 1998, section 84.944, 
  1.20  subdivision 2, is amended to read: 
  1.21     Subd. 2.  [DESIGNATION OF ACQUIRED SITES.] The critical 
  1.22  natural habitat acquired in fee title by the commissioner under 
  1.23  this section shall be designated by the commissioner as:  (1) an 
  1.24  outdoor recreation unit pursuant to section 86A.07, subdivision 
  1.25  3, or (2) as provided in sections 89.018, subdivision 2, 
  1.26  paragraph (a); 97A.101,; 97A.125,; 97C.001,; and 97C.011.  
  1.27  The commissioner may so designate any critical natural habitat 
  2.1   acquired in less than fee title. 
  2.2      Sec. 3.  [89.018] [HERITAGE FORESTS.] 
  2.3      Subdivision 1.  [ESTABLISHMENT; TERMINATION.] (a) A 
  2.4   heritage forest may be established by resolution of the county 
  2.5   board in areas of a county named under this subdivision.  The 
  2.6   heritage forest is established for areas of a county effective 
  2.7   the day following the adoption of a resolution by the county 
  2.8   board delineating the heritage forest area of the county. 
  2.9      (b) The named counties for the Big Woods Heritage Forest 
  2.10  are: 
  2.11     (1) Blue Earth; 
  2.12     (2) Carver; 
  2.13     (3) Dakota; 
  2.14     (4) Hennepin; 
  2.15     (5) Le Sueur; 
  2.16     (6) McLeod; 
  2.17     (7) Meeker; 
  2.18     (8) Nicollet; 
  2.19     (9) Rice; 
  2.20     (10) Sibley; 
  2.21     (11) Scott; 
  2.22     (12) Waseca; and 
  2.23     (13) Wright. 
  2.24     (c) The commissioner may terminate the heritage forest 
  2.25  status of an area within a county if the commissioner determines 
  2.26  that the termination would be in the public interest and the 
  2.27  county board has submitted a resolution to the commissioner 
  2.28  requesting termination. 
  2.29     Subd. 2.  [COMMISSIONER'S POWERS.] (a) Within areas 
  2.30  established as a heritage forest under subdivision 1, the 
  2.31  commissioner may: 
  2.32     (1) designate any state-owned lands as heritage forest 
  2.33  lands for management purposes, including lands that have 
  2.34  previously been designated for another purpose; 
  2.35     (2) accept donations of land, including easements under 
  2.36  subdivision 3, for heritage forest management; 
  3.1      (3) manage lands designated by local governments for 
  3.2   heritage forest management; and 
  3.3      (4) contract with other agencies or organizations for 
  3.4   management services, including any required monitoring 
  3.5   activities. 
  3.6      (b) Lands designated under paragraph (a), clause (1), that 
  3.7   were previously designated by law or by the commissioner 
  3.8   continue to be subject to requirements under the previous 
  3.9   designation. 
  3.10     Subd. 3.  [EASEMENTS.] (a) The commissioner may acquire 
  3.11  heritage forest land for conservation purposes in areas 
  3.12  established under subdivision 1 by entering into easements with 
  3.13  landowners.  The easements must be conservation easements as 
  3.14  defined in section 84C.01, clause (1), except the easements may 
  3.15  be made possessory as well as nonpossessory if agreed upon by 
  3.16  the landowner and the commissioner. 
  3.17     (b) In an easement agreement between the commissioner and a 
  3.18  landowner, the landowner must agree: 
  3.19     (1) to place forest lands in the program for the period of 
  3.20  the easement; 
  3.21     (2) to implement a heritage forest stewardship plan as 
  3.22  provided in the easement agreement; 
  3.23     (3) not to alter the heritage forest by developing the 
  3.24  land, cutting timber that is not identified in the forest 
  3.25  stewardship plan, or otherwise destroying the heritage forest 
  3.26  character of the easement area; 
  3.27     (4) to allow the commissioner or agents of the commissioner 
  3.28  access to the land for monitoring activities; 
  3.29     (5) not to adopt a practice specified by the commissioner 
  3.30  in the easement as a practice that would tend to defeat the 
  3.31  purposes of the heritage forest; and 
  3.32     (6) to additional provisions included in the easement that 
  3.33  the commissioner determines are desirable. 
  3.34     (c) A limited-term easement may be converted to a permanent 
  3.35  easement or renewed at the end of the easement period by mutual 
  3.36  agreement of the commissioner and the landowner. 
  4.1      (d) If during the easement period the landowner sells or 
  4.2   otherwise disposes of the ownership or right of occupancy of the 
  4.3   land, the new landowner must continue the easement under the 
  4.4   same terms or conditions. 
  4.5      (e) The commissioner may terminate an easement by mutual 
  4.6   agreement with the landowner if the commissioner determines that 
  4.7   the termination would be in the public interest.  The 
  4.8   commissioner may agree to modification of an agreement if the 
  4.9   commissioner determines the modification is desirable to 
  4.10  implement the heritage forest program. 
  4.11     Subd. 4.  [FOREST STEWARDSHIP REGISTRATION.] Private 
  4.12  landowners may establish their lands as heritage forest land by 
  4.13  having a heritage forest stewardship plan prepared and by 
  4.14  completing a stewardship registration agreement.  A stewardship 
  4.15  registration agreement is a nonbinding commitment by a landowner 
  4.16  to provide stewardship to forested lands.  In a stewardship 
  4.17  registration agreement, a landowner acknowledges an intent to 
  4.18  implement a heritage forest stewardship plan.  If the landowner 
  4.19  sells or otherwise disposes of the ownership or right of 
  4.20  occupancy of the land, the commissioner shall terminate the 
  4.21  stewardship registration agreement.  A new owner must enter into 
  4.22  a new stewardship registration agreement to continue recognition 
  4.23  of the forest land as heritage forest.  The commissioner may 
  4.24  terminate a stewardship registration agreement by mutual 
  4.25  agreement of the landowner if the commissioner determines the 
  4.26  termination would be in the public interest. 
  4.27     Subd. 5.  [HIGHWAYS.] Nothing in this section may be 
  4.28  construed to prohibit the construction, reconstruction, 
  4.29  improvement, or maintenance of a highway, as defined in section 
  4.30  160.02, subdivision 7, by the commissioner of transportation or 
  4.31  a local road authority.