HF 742

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

  1.1                          A bill for an act 
  1.2             relating to forestry; restricting local government 
  1.3             authority; creating irrebuttable presumption regarding 
  1.4             certain forestry activity; proposing coding for new 
  1.5             law in Minnesota Statutes, chapter 89. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7                      RIGHT TO PRACTICE FORESTRY 
  1.8      Section 1.  [89.80] [DEFINITION; FORESTRY ACTIVITY.] 
  1.9      For purposes of sections 89.80 to 89.82, "forestry 
  1.10  activity" means an activity on forest land associated with 
  1.11  reforesting, growing, managing, protecting, or harvesting 
  1.12  timber, wood, or another forest resource. 
  1.13     Sec. 2.  [89.81] [LOCAL GOVERNMENT AUTHORITY LIMITED.] 
  1.14     Subdivision 1.  [LOCAL RESTRICTIONS.] (a) Notwithstanding 
  1.15  any other provision of law, forestry activity that is conducted 
  1.16  according to generally accepted silviculture practices on forest 
  1.17  land, as defined under section 89.51, shall not be prohibited or 
  1.18  unreasonably limited by a local government's use of its police, 
  1.19  planning, or zoning powers. 
  1.20     (b) Local ordinances and regulations shall not require a 
  1.21  permit or impose a fee for forestry activity. 
  1.22     (c) Local ordinances and regulations pertaining to forestry 
  1.23  activity shall be reasonable and necessary to protect the 
  1.24  health, safety, and welfare of citizens residing in the locality 
  1.25  and shall not be in conflict with the purpose of promoting the 
  2.1   growth, continuation, and beneficial use of the state's 
  2.2   privately owned forest resources. 
  2.3      (d) Prior to adopting an ordinance or regulation pertaining 
  2.4   to forestry activity, a locality may consult with and request a 
  2.5   determination from the commissioner as to whether the ordinance 
  2.6   or regulation conflicts with the purposes of this section.  
  2.7   Nothing in this section shall preclude a locality from requiring 
  2.8   a review by the zoning administrator, which shall not exceed ten 
  2.9   working days, to determine whether a proposed forestry activity 
  2.10  complies with applicable local zoning requirements. 
  2.11     Subd. 2.  [TIMBER HARVESTING.] This section applies to 
  2.12  timber harvesting if the area on which the harvesting occurs is 
  2.13  reforested artificially or naturally or is converted to 
  2.14  agricultural or improved pasture. 
  2.15     Subd. 3.  [REZONED LAND.] This section does not apply to 
  2.16  land that has been rezoned or converted at the request of the 
  2.17  owner or previous owner from an agricultural or rural to a 
  2.18  residential, commercial, or industrial zone or use. 
  2.19     Sec. 3.  [89.82] [IRREBUTTABLE PRESUMPTION; NUISANCE 
  2.20  LIABILITY.] 
  2.21     In all relevant actions, there shall exist an irrebuttable 
  2.22  presumption that forestry activity that is conducted according 
  2.23  to generally accepted silviculture practices is not a public or 
  2.24  private nuisance and does not otherwise invade or interfere with 
  2.25  the use and enjoyment of any other land or property.