HF 327

4th Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; shooting ranges; 
  1.3             defining generally accepted operation practices; 
  1.4             providing for relation to ordinances, closing and 
  1.5             relocation, noise standards, public access, and 
  1.6             nuisance liability; proposing coding for new law as 
  1.7             Minnesota Statutes, chapter 87A. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [87A.01] [DEFINITIONS.] 
  1.10     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  1.11  section apply to sections 87A.01 to 87A.08. 
  1.12     Subd. 2.  [PERSON.] "Person" means an individual, 
  1.13  association, proprietorship, partnership, corporation, club, 
  1.14  political subdivision, or other legal entity. 
  1.15     Subd. 3.  [SHOOTING RANGE OR RANGE.] "Shooting range" or 
  1.16  "range" means an area or facility designated or operated for the 
  1.17  use of firearms, as defined in section 97A.015, subdivision 19, 
  1.18  or archery, and includes shooting preserves as described in 
  1.19  section 97A.115 or any other Minnesota law. 
  1.20     Subd. 4.  [GENERALLY ACCEPTED OPERATION PRACTICES.] 
  1.21  "Generally accepted operation practices" means those voluntary 
  1.22  guidelines adopted by the commissioner of natural resources 
  1.23  under section 87A.02 for the safe operation of shooting ranges. 
  1.24     Subd. 5.  [UNIT OF GOVERNMENT.] "Unit of government" means 
  1.25  a home rule charter or statutory city, county, town, municipal 
  1.26  corporation, or other political subdivision, or any of their 
  2.1   instrumentalities. 
  2.2      Sec. 2.  [87A.02] [GENERALLY ACCEPTED OPERATION PRACTICES.] 
  2.3      The commissioner of natural resources must develop and 
  2.4   adopt generally accepted operation practices for shooting 
  2.5   ranges.  In developing generally accepted operation practices, 
  2.6   the commissioner must consult with range operators and any 
  2.7   consultants the range operators provide.  The practices must 
  2.8   include the noise standards in section 87A.06.  The practices 
  2.9   must provide for operation of shooting preserves within their 
  2.10  boundaries notwithstanding any discharge distance limitations 
  2.11  provided by rule or otherwise concerning hunting on other land.  
  2.12  The commissioner must review the generally accepted operation 
  2.13  practices at least every five years and revise as the 
  2.14  commissioner considers necessary for safe operation of a 
  2.15  shooting range.  The commissioner must adopt initial guidelines 
  2.16  by July 1, 2004. 
  2.17     Sec. 3.  [87A.03] [LOCAL ORDINANCES; EXISTING OPERATIONS.] 
  2.18     Subdivision 1.  [COMPLIANT RANGES MAY CONTINUE 
  2.19  OPERATING.] A shooting range that is in operation and is in 
  2.20  substantial compliance with existing law at the time of the 
  2.21  enactment of an ordinance of a unit of government affecting, 
  2.22  directly or indirectly, operation or use of a shooting range 
  2.23  must be permitted to continue in operation even if the operation 
  2.24  of the shooting range at a later date does not conform to the 
  2.25  new ordinance or an amendment to an existing ordinance. 
  2.26     Subd. 2.  [COMPLIANT RANGES MAY REPAIR, REMODEL, REPLACE, 
  2.27  EXPAND.] A shooting range that operates in substantial 
  2.28  compliance with generally accepted operation practices, even if 
  2.29  not in compliance with an ordinance of a unit of government 
  2.30  affecting, directly or indirectly, operation or use of a 
  2.31  shooting range, must be permitted to do all of the following 
  2.32  within its geographic boundaries if done in accordance with 
  2.33  generally accepted operation practices: 
  2.34     (1) repair, remodel, improve, replace, construct, or 
  2.35  reinforce any conforming or nonconforming building or structure 
  2.36  as may be necessary or desirable in the interest of safety or to 
  3.1   secure the continued use of the range, building, or structure; 
  3.2      (2) reconstruct, repair, restore, remodel, improve, 
  3.3   replace, or resume the use of any conforming or nonconforming 
  3.4   building or structure damaged by fire, collapse, erosion, wear 
  3.5   and tear, obsolescence, explosion, act of God, or act of war; 
  3.6      (3) expand or increase its membership or opportunities for 
  3.7   public participation; 
  3.8      (4) make those repairs or improvements necessary or 
  3.9   desirable under generally accepted operation practices; 
  3.10     (5) expand or increase events, facilities, and activities; 
  3.11  and 
  3.12     (6) conduct shooting activities and discharge firearms 
  3.13  between 7:00 a.m. and 10:00 p.m., which is "daytime" under 
  3.14  Minnesota Rules, part 7030.0200, subpart 3, in effect on March 
  3.15  1, 1999. 
  3.16     Nothing in this subdivision exempts any newly constructed 
  3.17  or remodeled building on a shooting range from compliance with 
  3.18  fire safety, handicapped accessibility, elevator safety, 
  3.19  bleacher safety, or other provisions of the State Building Code 
  3.20  that have mandatory statewide application. 
  3.21     Sec. 4.  [87A.04] [CLOSING OR RELOCATING SHOOTING RANGES; 
  3.22  PAYMENT OF CERTAIN COSTS.] 
  3.23     Subdivision 1.  [CLOSURE OR RELOCATION CRITERIA.] A 
  3.24  shooting range either may be closed under subdivision 3, or 
  3.25  relocated under subdivision 4, by a state agency or unit of 
  3.26  government only if, because of new, permitted development of 
  3.27  adjacent land, the range becomes a clear, immediate, and proven 
  3.28  safety hazard to the adjacent population and it cannot be 
  3.29  brought into compliance with generally accepted operation 
  3.30  practices concerning range safety with range or operation 
  3.31  improvements. 
  3.32     Subd. 2.  [PROCEDURE.] The clear and immediate safety 
  3.33  hazard must be proven at a declaratory judgment proceeding in 
  3.34  district court.  The plaintiff must provide in the complaint a 
  3.35  clear and precise statement of the complete factual basis for 
  3.36  alleging a safety hazard.  The court must make written findings 
  4.1   and conclusions as to the hazard alleged in the complaint and 
  4.2   whether range improvements are available to bring the range into 
  4.3   compliance with the generally accepted operation practices 
  4.4   concerning range safety.  If the court concludes that there is a 
  4.5   clear and immediate safety hazard and the operation of the 
  4.6   shooting range can be brought into compliance with the generally 
  4.7   accepted operation practices concerning range safety with range 
  4.8   or operation improvements, the state agency that controls the 
  4.9   state-owned land or the local government unit that has land use 
  4.10  planning and zoning authority for the development of the 
  4.11  adjacent land must pay for the range or operation improvements.  
  4.12     Subd. 3.  [CLOSURE.] If a clear and immediate safety hazard 
  4.13  is proven as required under subdivisions 1 and 2, a shooting 
  4.14  range may be closed by the state agency or the unit of 
  4.15  government if the agency or unit of government closing the 
  4.16  shooting range pays the fair market value of the range operation 
  4.17  as a going concern to the operators and the fair market value of 
  4.18  the land, including improvements, to the owner of the land. 
  4.19     Subd. 4.  [RELOCATION.] If a clear and immediate safety 
  4.20  hazard is proven as required under subdivisions 1 and 2, upon 
  4.21  request by the operator of the shooting range, the agency or 
  4.22  unit of government must relocate the shooting range to a 
  4.23  suitable new location.  The agency or unit of government may use 
  4.24  its power of eminent domain to acquire the new location.  If a 
  4.25  range is relocated, the state agency or unit of government must 
  4.26  pay the operator the fair market value of the range as a going 
  4.27  concern and the owner the fair market value of the land and 
  4.28  improvements, minus all reasonable, additional direct costs 
  4.29  incurred by the state agency or unit of government in acquiring 
  4.30  the new location and moving the range to the new site. 
  4.31     Subd. 5.  [TRANSFER OF TITLE.] The shooting range owner and 
  4.32  operator must transfer their interests in the property to the 
  4.33  agency or unit of government after full and final payment under 
  4.34  subdivision 3 or after the relocation is completed under 
  4.35  subdivision 4. 
  4.36     Sec. 5.  [87A.05] [NOISE BUFFERING OR ATTENUATION.] 
  5.1      (a) If a shooting range is operated in substantial 
  5.2   compliance with generally accepted operation practices and if 
  5.3   property located within one mile of the exterior property 
  5.4   boundary of the range is rezoned or developed, the unit of 
  5.5   government must provide for noise buffers, attenuation devices, 
  5.6   safety improvements, or equivalent measures that are: 
  5.7      (1) within the new development as a condition for 
  5.8   developing the property or as supplied by the unit of 
  5.9   government; or 
  5.10     (2) supplied or funded by the unit of government for 
  5.11  location in the range. 
  5.12     (b) Property owners, developers, units of government, and 
  5.13  ranges may negotiate and provide for noise buffers or 
  5.14  attenuation devices located on or off the range. 
  5.15     (c) Any noise buffering or attenuation under this section 
  5.16  must comply with the noise standards prescribed by section 
  5.17  87A.06.  
  5.18     Sec. 6.  [87A.06] [NOISE STANDARDS.] 
  5.19     Subdivision 1.  [NOISE STANDARDS.] (a) A person who owns or 
  5.20  operates or uses a shooting range in this state is subject only 
  5.21  to the noise standards and procedures in Minnesota Rules, parts 
  5.22  7030.0010 to 7030.0080, in effect on March 1, 1999.  The noise 
  5.23  area classifications shall be utilized as well as the provisions 
  5.24  for daytime and nighttime standards within those classifications.
  5.25  The steady state noise L10 and L50 standards for each period of 
  5.26  the day or night within each noise area classification shall be 
  5.27  replaced by a single Leq(h) standard for impulsive noise that is 
  5.28  two dBA lower than that of the L10 level for steady state noise. 
  5.29     (b) This section and the standards in paragraph (a) shall 
  5.30  be applied in the same manner as a generally accepted operation 
  5.31  practice for all of the provisions of this chapter. 
  5.32     Subd. 2.  [ACTIONS BASED ON NOISE.] Any action brought 
  5.33  against a range on the basis of noise or disturbance by 
  5.34  impulsive noise from a shooting range must be dismissed unless 
  5.35  such action is initially supported by affidavit of a qualified 
  5.36  or licensed noise consultant stating that noise measurements 
  6.1   were taken by proper instruments, which were calibrated 
  6.2   properly, and according to the procedures and standards in 
  6.3   Minnesota Rules, parts 7030.0010 to 7030.0080.  
  6.4      Sec. 7.  [87A.07] [NUISANCE ACTIONS; SUBSTANTIAL COMPLIANCE 
  6.5   WITH GENERALLY ACCEPTED OPERATION PRACTICES.] 
  6.6      A person who owns, operates, or uses a shooting range in 
  6.7   this state that is in substantial compliance with generally 
  6.8   accepted operation practices is not subject to any action for 
  6.9   nuisance and no court of this state may enjoin or restrain the 
  6.10  use or operation of such a range.  This section does not 
  6.11  prohibit an action that seeks monetary damages for personal 
  6.12  injury or tangible property damage caused by recklessness or 
  6.13  negligence in the operation of the range or by a person using 
  6.14  the range in a reckless or negligent manner. 
  6.15     Sec. 8.  [87A.08] [PUBLIC ACCESS TO SHOOTING RANGES.] 
  6.16     Shooting ranges maintained or operated, in whole or in 
  6.17  part, with public funds must be reasonably available for public 
  6.18  use.  A reasonable fee in an amount not to exceed the actual 
  6.19  additional direct costs caused by public use may be charged. 
  6.20     Sec. 9.  [EFFECTIVE DATE.] 
  6.21     Sections 1 to 8 are effective the day following final 
  6.22  enactment.