Minnesota Legislature
SF 1312
4th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/23/2007 | |
| 1st Engrossment | Posted on 04/18/2007 | |
| 2nd Engrossment | Posted on 04/25/2007 | |
| 3rd Engrossment | Posted on 04/27/2007 | |
| 4th Engrossment | Posted on 05/08/2007 |
Current Version - 4th Engrossment
2.37 2.38
2.39 2.40 2.41 2.42 2.43 2.44 2.45 2.46 2.47 2.48 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27
3.28 3.29 3.30 3.31 3.32 3.33
3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7
4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21
4.22 4.23 4.24 4.25 4.26 4.27
4.28 4.29 4.30
4.31 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34
5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29
6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13
7.14 7.15
7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22
8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26
9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29
10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17
11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28
11.29 11.30 11.31 11.32 11.33 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8
12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16
12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6
14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 15.1 15.2 15.3 15.4 15.5
15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28
15.29 15.30 15.31
15.32 15.33 16.1 16.2 16.3 16.4 16.5
16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18
16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34
17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15
17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 18.1 18.2 18.3 18.4 18.5
18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12
19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20
19.21 19.22 19.23 19.24 19.25
19.26 19.27 19.28 19.29
19.30 19.31 19.32 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28
20.29 20.30
20.31 20.32
20.33 20.34 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24
21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26
22.27 22.28 22.29 22.30 22.31 22.32 22.33
23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8
23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24
23.25 23.26 23.27 23.28 23.29 23.30
23.31 23.32 23.33 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35 24.36 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13
25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30
25.31 25.32 25.33 25.34 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9
26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 27.1 27.2 27.3 27.4 27.5 27.6 27.7
27.8 27.9
27.10 27.11
27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31
27.32 28.1 28.2 28.3 28.4
28.5 28.6 28.7 28.8 28.9 28.10 28.11
28.12 28.13 28.14
28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22
28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17
29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6
30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25
30.26 30.27 30.28 30.29 30.30
30.31 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19
31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 32.1 32.2 32.3
32.4 32.5 32.6 32.7 32.8 32.9
32.10 32.11 32.12 32.13 32.14 32.15
32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26
32.27 32.28
32.29 32.30 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18
33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30
33.31 33.32 33.33 33.34
34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11
34.12 34.13 34.14 34.15
34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29
34.30 34.31 34.32 34.33 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10
35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20
35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33
36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15
36.16 36.17 36.18 36.19 36.20 36.21
36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 37.1 37.2
37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20
37.21 37.22 37.23 37.24 37.25
37.26 37.27 37.28 37.29 37.30 37.31
38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14
38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12
39.13 39.14 39.15 39.16 39.17
39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 40.1 40.2 40.3 40.4 40.5
40.6 40.7 40.8 40.9 40.10
40.11 40.12 40.13
40.14 40.15
40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32
41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 41.36 42.1 42.2 42.3 42.4 42.5 42.6 42.7
42.8 42.9 42.10 42.11
42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21
42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 43.1 43.2 43.3 43.4 43.5 43.6
43.7
43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16
43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15
44.16
44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15
45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29
45.30 45.31 45.32 45.33 45.34 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20
46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 47.1 47.2 47.3
47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17
47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32
48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17
48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30
48.31 48.32 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29
49.30 49.31 49.32 49.33 49.34 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16
50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18
51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32
51.33 51.34 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17
52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 52.35
53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27
53.28 53.29 53.30 53.31 53.32 53.33 53.34 53.35 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15
54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 55.35 56.1 56.2
56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21
56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13
57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 57.35 58.1 58.2
58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29
59.30 59.31 59.32 59.33 59.34 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12
60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26
60.27 60.28 60.29 60.30 60.31 60.32 60.33 61.1 61.2 61.3 61.4 61.5 61.6
61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 61.35 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11
62.12 62.13 62.14 62.15 62.16
62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33
63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 63.35 63.36 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8
64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22
64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11
65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25
65.26
65.27 65.28
65.29 65.30
66.1 66.2
66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 67.1 67.2 67.3 67.4
67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 67.35 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22
68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 68.35 69.1 69.2
69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10
69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16
70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33
70.34 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24
71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15
72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 72.35 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16
73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13
74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21
74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18
75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29
75.30 75.31
75.32 75.33
76.1 76.2
76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19
76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 77.35 77.36 78.1 78.2
78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17
79.18
79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10
80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28
80.29
80.30 80.31 80.32 80.33 81.1 81.2 81.3 81.4
81.5
81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16
81.17
81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9
82.10 82.11
82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27
82.28 82.29 82.30 82.31 82.32
83.1 83.2 83.3 83.4 83.5 83.6
83.7 83.8 83.9 83.10 83.11 83.12 83.13
83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 84.1 84.2 84.3 84.4
84.5 84.6 84.7 84.8 84.9
84.10 84.11 84.12 84.13 84.14 84.15 84.16
84.17 84.18 84.19 84.20 84.21
84.22 84.23 84.24 84.25 84.26
84.27 84.28 84.29 84.30 84.31 85.1 85.2
85.3 85.4 85.5 85.6 85.7
85.8 85.9 85.10 85.11 85.12 85.13
85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 86.1 86.2 86.3
86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18
86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27
86.28
86.29 86.30 86.31 86.32 86.33 87.1 87.2 87.3 87.4 87.5 87.6 87.7
87.8
87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20
87.21
87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8
88.9 88.10
88.11 88.12 88.13 88.14
88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30
88.31 88.32 89.1 89.2 89.3 89.4
89.5 89.6 89.7 89.8 89.9
89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24
89.25 89.26 89.27 89.28 89.29 89.30 89.31
90.1 90.2 90.3 90.4 90.5 90.6 90.7
90.8 90.9 90.10 90.11 90.12
90.13 90.14 90.15 90.16 90.17
90.18 90.19 90.20 90.21 90.22
90.23 90.24 90.25 90.26
90.27 90.28 90.29 90.30
91.1 91.2 91.3 91.4 91.5 91.6 91.7
91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16
91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24
91.25 91.26 91.27
91.28 91.29 91.30
91.31 92.1 92.2 92.3 92.4
92.5 92.6 92.7 92.8 92.9 92.10
92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32
93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8
93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19
93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 94.1 94.2 94.3 94.4 94.5
94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17
94.18 94.19 94.20 94.21 94.22
94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32
95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8
95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17
95.18 95.19 95.20 95.21
95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20
96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34
97.1 97.2 97.3
97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20
97.21 97.22
97.23 97.24
97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9
98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17
98.18 98.19 98.20 98.21
98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22
99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30
99.31 99.32 99.33 99.34 100.1 100.2 100.3 100.4 100.5 100.6
100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32
100.33 100.34 101.1 101.2 101.3 101.4 101.5 101.6
101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16
101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 102.1 102.2 102.3 102.4 102.5 102.6 102.7
102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16
102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29
A bill for an act
relating to environment and natural resources policy; creating a state recreation
area advisory council; providing certain environmental and travel programs;
modifying water supply plan requirements; modifying state park permit
provisions; requiring and authorizing the initiation of rulemaking for aquatic plant
management permits and shoreland standards; modifying restrictions related to
off-highway vehicle use; providing for state forest traditional areas; restricting the
licensing of certain public water for minnows; modifying the definition of a game
bird; designating a state wildlife management area; modifying provisions for
taking animals causing damage; changing the license year for fishing, fish house,
and dark house licenses; modifying certain wild animal possession and taking
restrictions; providing for an apprentice hunter validation; exempting persons
with military training from the range and shooting exercise portion of the required
course for a firearm safety certificate; removing ban on smokeless gunpowder in
muzzleloaders; providing for the minimum draw weight for bows used to take
big game; allowing remote-controlled animal noise callers to take unprotected
wild animals; authorizing the commissioner of natural resources to issue special
permits for taking bear for certain purposes; modifying certain angling seasons;
modifying Lake Superior commercial fishing provisions; providing criminal and
civil penalties; providing for a walk-in public access plan for certain outdoor
recreation; modifying land owners' bill of rights; requiring approved firewood
on land administered by the commissioner of natural resources; modifying
recordation requirements for mineral interests; increasing payments in lieu of
taxes for certain lands; adding to and deleting from state parks, state trails, and
state recreation areas; authorizing public and private sales and conveyances
of certain state lands; authorizing a 20-year lease of certain tax-forfeited land;
exempting certain exchanged land from the tax-forfeited land assurance fee;
providing for temporary suspension of apportionment of certain net proceeds in
Lake County; modifying agency service requirements; modifying provisions for
wetland conservation; requiring rulemaking; restricting outdoor light pollution;
modifying exemptions to noise standards; restricting the use of phosphorus in
household dishwasher detergent; modifying licensing requirements for design,
installation, maintenance, inspection, or operation of individual sewage treatment
systems; extending the prohibition on new open air swine basins; prohibiting
the sale of certain mercury-containing products; modifying restrictions on the
sale, use, and disposal of certain mercury-containing products; requiring certain
consumer information; modifying lamp recycling facility operation requirements;
delaying phosphorus reduction requirements on wastewater treatment facilities;
requiring reports; providing for community forest management; providing
for control of forest and shade tree pests; modifying requirements for ditch
buffers; requiring annual drainage authority reports; modifying drainage repair
and inspection requirements; appropriating money; amending Minnesota
Statutes 2006, sections 15.99, subdivision 3; 17.4984, subdivision 1; 18G.03,
by adding a subdivision; 18G.11; 84.0272, subdivision 3; 84.0274, subdivision
5; 84.777; 84.9256, subdivision 2, by adding a subdivision; 84.9257; 84.926,
by adding a subdivision; 84.928, subdivision 1; 84D.14; 85.013, by adding a
subdivision; 85.015, subdivision 22; 85.053, subdivisions 2, 8; 85.054, by adding
a subdivision; 88.01, by adding a subdivision; 88.79, subdivisions 1, 2; 88.82;
89.001, subdivision 8, by adding subdivisions; 89.01, subdivisions 1, 2, 4; 89.51,
subdivisions 1, 6, 9; 89.52; 89.53; 89.54; 89.55; 89.56, subdivisions 1, 3; 89.57;
89.58; 89.59; 89.60; 89.61; 93.55, subdivision 1; 97A.015, subdivision 24, by
adding a subdivision; 97A.133, by adding a subdivision; 97A.205; 97A.401,
subdivision 5; 97A.405, subdivisions 2, 4; 97A.411, subdivision 1; 97A.421, by
adding a subdivision; 97A.451, subdivision 3; 97A.475, subdivision 2; 97A.505,
subdivision 4; 97A.511; 97B.015, by adding a subdivision; 97B.020; 97B.035,
by adding a subdivision; 97B.075; 97B.085, subdivision 3; 97B.301, subdivision
7; 97B.311; 97B.405; 97B.928, subdivision 1; 97C.325; 97C.355, subdivision 8;
97C.395, subdivision 1; 97C.835, subdivisions 1, 3, 8; 103E.021, subdivisions 1,
2, 3, by adding a subdivision; 103E.315, subdivision 8; 103E.321, subdivision 1;
103E.701, by adding a subdivision; 103E.705, subdivisions 1, 2, 3; 103E.728,
subdivision 2; 103F.205, subdivision 1; 103G.222, subdivision 3; 103G.2241,
subdivisions 3, 4, 6, 11; 103G.2242, subdivisions 2, 2a, 9, 12, 15; 103G.2243,
subdivision 2; 103G.291, subdivision 3; 103G.311, subdivision 2; 115.072;
115.56, subdivision 2; 115A.932, subdivision 1; 115B.17, subdivision 15;
116.07, subdivision 2a; 116.0714; 116.23; 116.92, subdivisions 3, 7a, by adding
subdivisions; 116.93, subdivision 2; 169A.35, subdivision 1; 219.99; 473.1565,
subdivision 1; 473.859, subdivision 3; Laws 2003, chapter 128, article 1, section
167, subdivision 1, as amended; Laws 2006, chapter 236, article 1, section 21;
Laws 2006, chapter 251, section 16; proposing coding for new law in Minnesota
Statutes, chapters 16B; 84; 85; 89; 97B; 97C; 103E; 103F; 116; 121A; proposing
coding for new law as Minnesota Statutes, chapter 114E; repealing Minnesota
Statutes 2006, sections 18G.16; 84.928, subdivision 8; 85.012, subdivision 24b;
89.51, subdivision 8; 97A.475, subdivision 38; 97C.365; 103G.2241, subdivision
8; Laws 2006, chapter 236, article 1, section 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
NATURAL RESOURCES MISCELLANEOUS AND TECHNICAL
Section 1.
new text begin
[85.0146] CUYUNA COUNTRY STATE RECREATION AREA;
CITIZENS ADVISORY COUNCIL.
new text end
new text begin Subdivision 1. new text end
new text begin Advisory council created. new text end
new text begin
The Cuyuna Country State Recreation
Area Citizens Advisory Council is established. Membership on the advisory council
shall include:
new text end
new text begin
(1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers
Board;
new text end
new text begin
(2) a representative of the Croft Mine Historical Park Joint Powers Board;
new text end
new text begin
(3) a designee of the Cuyuna Range Mineland Reclamation Committee who has
worked as a miner in the local area;
new text end
new text begin
(4) a representative of the Crow Wing County Board;
new text end
new text begin
(5) a representative of the Grand Rapids regional office of the Department of Natural
Resources;
new text end
new text begin
(6) a designee of the Iron Range Resources and Rehabilitation Board;
new text end
new text begin
(7) a designee of the local business community selected by the area chambers of
commerce;
new text end
new text begin
(8) a designee of the local environmental community selected by the Cuyuna
Country Conservation Club;
new text end
new text begin
(9) a designee of a local education organization selected by the Crosby-Ironton
School Board;
new text end
new text begin
(10) a designee of one of the recreation area user groups selected by the Cuyuna
Range Chamber of Commerce; and
new text end
new text begin
(11) a member of the Cuyuna Country Heritage Preservation Society.
new text end
new text begin Subd. 2. new text end
new text begin Administration. new text end
new text begin
(a) The advisory council must meet at least four times
annually. The area manager for the Cuyuna Country State Recreation Area shall convene
the first meeting of the advisory council. The council shall elect a chair and meetings
shall be at the call of the chair.
new text end
new text begin
(b) Members of the advisory council shall serve as volunteers for two-year terms
with the ability to be reappointed. Members shall accept no per diem.
new text end
new text begin
(c) The state recreation area manager may attend council meetings and shall advise
the council of major decision issues in management of the recreation area.
new text end
new text begin
(d) The council shall review the operation and management of the Cuyuna Country
State Recreation Area. The area manager shall consider the advice or comments from the
council before making decisions affecting the recreation area.
new text end
new text begin
(e) The council must report to the Crow Wing County Board by January 15 of each
year regarding its activities in the previous year.
new text end
new text begin Subd. 3. new text end
new text begin Expiration. new text end
new text begin
This section expires on June 30, 2011.
new text end
Sec. 2.
Minnesota Statutes 2006, section 85.015, subdivision 22, is amended to read:
Subd. 22.
Minnesota River Trail.
The trail shall originate at the entrance to Big
Stone Lake State Park and extend along the Minnesota River Valley to connect to the
Minnesota Valley Trail at the city of Le Sueur.new text begin The trail shall include a loop between Fort
Ridgely State Park and the cities of Redwood Falls and Sleepy Eye. A segment shall be
established connecting the cities of Granite Falls and Montevideo.
new text end
Sec. 3.
Minnesota Statutes 2006, section 85.053, subdivision 2, is amended to read:
Subd. 2.
Requirement.
Except as provided in section 85.054, a motor vehicle
may not enter a state park, state recreation area, or state wayside over 50 acres in area,
without a state park permit issued under this section. Except for vehicles permitted under
subdivisions 7, paragraph (a), clause (2), and 8, the state park permit must be affixed to the
lower right corner windshield of the motor vehicle and must be completely affixed by its
own adhesive to the windshield, or the commissioner may, by written order, provide an
alternative means to display and validate deleted text begin annualdeleted text end new text begin state park new text end permits.
Sec. 4.
Minnesota Statutes 2006, section 85.053, subdivision 8, is amended to read:
Subd. 8.
Military personnel on leave; exemption.
(a) deleted text begin The provisions of this
section requiring a state park permit and regulating its display do not apply to deleted text end new text begin A one-day
permit, under subdivision 4, shall be issued without a fee for new text end a motor vehicle being used
by a person who is serving in active military service in any branch or unit of the United
States armed forces and who is stationed outside Minnesota, during the period of active
service and for 90 days immediately thereafter, if the person deleted text begin notifiesdeleted text end new text begin presents the person's
current military orders to new text end the park attendant on duty or other designee of the commissioner
deleted text begin of the person's military status at the time of usage. It is sufficient notice for the eligible
person to temporarily affix to the inside of the windshield of the vehicle in a visible
manner the person's current military orders and to carry in the person's possession current
military identification attesting to the person's active or recent military statusdeleted text end .
(b) For purposes of this section, "active service" has the meaning given under section
190.05, subdivision 5c, when performed outside Minnesota.
Sec. 5.
Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision
to read:
new text begin Subd. 13. new text end
new text begin Cuyuna Country State Recreation Area. new text end
new text begin
A state park permit is not
required and a fee may not be charged for motor vehicle entry or parking at Croft Mine
Historical Park and Portsmouth Mine Lake Overlook in Cuyuna Country State Recreation
Area, except for overnight camping.
new text end
Sec. 6.
Minnesota Statutes 2006, section 103F.205, subdivision 1, is amended to read:
Subdivision 1.
Applicability.
The definitions in this section apply to sections
103F.201 to deleted text begin 103F.221deleted text end new text begin 103F.227new text end .
Sec. 7.
new text begin
[103F.227] SHORELAND DEVELOPMENT; EXISTING RESORTS.
new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin
This section applies statewide and preempts local
ordinances that are inconsistent with its terms. A county or municipality may by ordinance
impose upon resorts reasonable regulations to prevent and abate nuisances and to protect
the public health, welfare, safety, and environment.
new text end
new text begin Subd. 2. new text end
new text begin Resort defined. new text end
new text begin
For purposes of this section, "resort" means a shoreland
commercial establishment, existing on or before August 1, 2007, that includes buildings,
lodges, structures, dwelling units, camping or recreational vehicle sites, or enclosures, or
any part thereof kept, used, maintained, or advertised as or held out to the public to be a
place where sleeping accommodations are furnished to the public, primarily to persons
seeking recreation, for periods of one day or longer, and having for rent three or more
cabins, rooms, campsites, or enclosures. A shoreland commercial establishment must be
primarily service oriented for transient lodging of guests. All cabins, rooms, dwelling
units, camping or recreational vehicle sites, or enclosures must be included in the resort
rental business. Resorts must not allow residential use of a dwelling unit or site, except
dwellings used as residences for the service providers. To qualify as a resort under this
section, a resort must be fully licensed and permitted under appropriate state and local
regulations. The entire parcel of land must be controlled and managed by the licensee.
new text end
new text begin Subd. 3. new text end
new text begin Maintenance and replacement. new text end
new text begin
(a) So long as the establishment continues
to operate as a resort, a county or municipality must allow a resort owner to:
new text end
new text begin
(1) maintain structures, including the replacement of aging or outdated components
or systems of the structure, while not increasing the structure's footprint on the land; and
new text end
new text begin
(2) replace structures damaged or lost to fire or natural disaster.
new text end
new text begin
(b) Paragraph (a), clause (2), applies only when an application for a building permit
is made within 180 days of the damage or loss.
new text end
new text begin Subd. 4. new text end
new text begin Expansion. new text end
new text begin
A county or municipality must allow a resort owner to increase
a structure footprint to minimally meet federal, state, or local dwelling standards or codes.
To "minimally meet" the standards or codes means that the replacement structure does not
add new architectural elements, such as more bedrooms, that did not exist in the original
structure. Structural expansion under this subdivision must not result in a structure that
is any larger than required to meet standards or codes or a structure or any portion that
is any closer to the shoreline than prior to the expansion.
new text end
new text begin Subd. 5. new text end
new text begin Change in ownership. new text end
new text begin
A change in ownership of a resort shall not be
construed as a conversion to a different use so long as the new owner continues to use
the property as a resort.
new text end
Sec. 8.
Minnesota Statutes 2006, section 103G.291, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Emergencydeleted text end new text begin Water supplynew text end plans; demand reduction.
(a) Every
public water supplier serving more than 1,000 people must submit deleted text begin an emergency and
conservationdeleted text end new text begin a water supplynew text end plan to the commissioner for approval by January 1, 1996.
new text begin In accordance with guidelines developed by the commissioner, new text end the plan must address
new text begin projected demands, adequacy of the water supply system and planned improvements,
existing and future water sources, natural resource impacts or limitations, emergency
preparedness, water conservation, new text end supply and demand reduction measuresnew text begin ,new text end and allocation
priorities deleted text begin and must identify alternative sources of water for use in an emergencydeleted text end new text begin that are
consistent with section 103G.261new text end . Public water suppliers must update deleted text begin thedeleted text end new text begin theirnew text end plan andnew text begin ,
upon notification, new text end submit it to the commissioner for approval every ten years.
(b)new text begin The water supply plan in paragraph (a) is required for all communities in the
metropolitan area, as defined in section 473.121, with a municipal water supply system
and is a required element of the local comprehensive plan required under section 473.859.
Water supply plans or updates submitted after December 31, 2008, must be consistent
with the metropolitan area master water supply plan required under section 473.1565,
subdivision 1, paragraph (a), clause (2).
new text end
new text begin (c)new text end Public water suppliers serving more than 1,000 people must employ water use
demand reduction measures before requesting approval from the commissioner of health
under section 144.383, paragraph (a), to construct a public water supply well or requesting
an increase in the authorized volume of appropriation. Demand reduction measures must
include evaluation of conservation rate structures and a public education program that
may include a toilet and showerhead retrofit program.
deleted text begin (c)deleted text end new text begin (d)new text end Public water suppliers serving more than 1,000 people must submit records
that indicate the number of connections and amount of use by customer category and
volume of water unaccounted for with the annual report of water use required under
section 103G.281, subdivision 3.
deleted text begin (d)deleted text end new text begin (e)new text end For the purposes of this subdivision, "public water supplier" means an entity
that owns, manages, or operates a public water supply, as defined in section 144.382,
subdivision 4.
Sec. 9.
Minnesota Statutes 2006, section 103G.311, subdivision 2, is amended to read:
Subd. 2.
Hearing notice.
(a) The hearing notice on an application must deleted text begin statedeleted text end new text begin
includenew text end :
(1) the date, place, and time fixed by the commissioner for the hearing;deleted text begin and
deleted text end
(2) the waters affected, the water levels sought to be established, or control structures
proposednew text begin ; and
new text end
new text begin (3) the matters prescribed by sections 14.57 to 14.59 and rules adopted thereundernew text end .
(b) new text begin A summary of new text end the hearing notice must be published by the commissioner at the
expense of the applicant or, if the proceeding is initiated by the commissioner in the
absence of an applicant, at the expense of the commissioner.
(c) The new text begin summary of the new text end hearing notice must be:
(1) published once a week for two successive weeks before the day of hearing
in a legal newspaper published in the county where any part of the affected waters is
located;new text begin and
new text end
(2) mailed by the commissioner to the county auditor, the mayor of a municipality,
the watershed district, and the soil and water conservation district affected by the
applicationdeleted text begin ; and
deleted text end
deleted text begin (3) made under requirements prescribed by sections 14.57 to 14.59 and rules of the
chief administrative law judgedeleted text end .
Sec. 10.
new text begin
[114E.01] SHORT TITLE.
new text end
new text begin
This chapter may be cited as the Uniform Environmental Covenants Act.
new text end
Sec. 11.
new text begin
[114E.05] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
For the purposes of this chapter, the definitions in this section
have the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Activity and use limitations. new text end
new text begin
"Activity and use limitations" means
restrictions or obligations with respect to real property that are associated with an
environmental response project.
new text end
new text begin Subd. 3. new text end
new text begin Common interest community. new text end
new text begin
"Common interest community" means a
common interest community as defined in chapter 515B.
new text end
new text begin Subd. 4. new text end
new text begin Environmental agency. new text end
new text begin
"Environmental agency" means the Pollution
Control Agency, Agriculture Department, or another state or federal agency that
determines or approves the environmental response project pursuant to which the
environmental covenant is created.
new text end
new text begin Subd. 5. new text end
new text begin Environmental covenant. new text end
new text begin
"Environmental covenant" means a servitude
created under this chapter that imposes activity and use limitations.
new text end
new text begin Subd. 6. new text end
new text begin Environmental response project. new text end
new text begin
"Environmental response project"
means a plan or work performed to clean up, eliminate, investigate, minimize, mitigate, or
prevent the release or threatened release of contaminants affecting real property in order to
protect public health or welfare or the environment, including:
new text end
new text begin
(1) response or corrective actions under federal or state law, including chapters 115B,
115C, 115E, and 116, and the Comprehensive Environmental Response, Compensation
and Liability Act, United States Code, title 44, section 9601, et seq.;
new text end
new text begin
(2) corrective actions or response to agricultural chemical incidents under chapters
18B, 18C, 18D, and 18E; and
new text end
new text begin
(3) closure, contingency, or corrective actions required under rules or regulations
applicable to waste treatment, storage, or disposal facilities or to aboveground or
belowground tanks.
new text end
new text begin Subd. 7. new text end
new text begin Holder. new text end
new text begin
"Holder" means any person identified as a holder of an
environmental covenant as specified in section 114E.10, paragraph (a).
new text end
new text begin Subd. 8. new text end
new text begin Person. new text end
new text begin
"Person" means an individual, corporation, business trust, estate,
trust, partnership, limited liability company, association, joint venture, public corporation,
political subdivision or special purpose unit of government, agency, or instrumentality of
the state or federal government, or any other legal or commercial entity.
new text end
new text begin Subd. 9. new text end
new text begin Record. new text end
new text begin
"Record," used as a noun, means information that is inscribed on
a tangible medium or that is stored in an electronic or other medium and is retrievable
in perceivable form.
new text end
new text begin Subd. 10. new text end
new text begin Recorded. new text end
new text begin
"Recorded" means recorded with the county recorder or
registrar of title, as applicable, in each county where the real property is located.
new text end
new text begin Subd. 11. new text end
new text begin State. new text end
new text begin
"State" means a state of the United States, the District of Columbia,
Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject
to the jurisdiction of the United States.
new text end
Sec. 12.
new text begin
[114E.10] NATURE OF RIGHTS; ROLE OF ENVIRONMENTAL
AGENCY; SUBORDINATION OF INTERESTS.
new text end
new text begin
(a) Any person, including a person that owns an interest in the real property subject to
the environmental convenant, the environmental agency, or any other political subdivision
or unit of local government, may be a holder. An environmental covenant may identify
more than one holder. The interest of a holder is an interest in real property. The holder is
the grantee of the real property interest conveyed under an environmental covenant.
new text end
new text begin
(b) Unless an environmental agency is a holder, any right that the agency may have
with respect to an environmental covenant does not constitute an interest in real property.
Approval of an environmental covenant does not make the environmental agency a holder
unless it has authority under law other than this chapter to acquire an interest in real
property for purposes related to an environmental response project and it is expressly
identified as a holder in the environmental covenant.
new text end
new text begin
(c) An environmental agency is bound by any obligation it assumes in an
environmental covenant, but an environmental agency does not assume obligations merely
by signing an environmental covenant. As provided in section 114E.15, an environmental
covenant is not valid unless signed by the environmental agency and the environmental
agency may set reasonable conditions for its approval of an environmental covenant.
When the environmental agency is a federal agency, the covenant must also be approved
and signed by the state environmental agency that has authority under state law to address
the release or threatened release involved in the environmental response project. Any
other person that signs an environmental covenant is bound by the obligations the person
expressly assumes in the covenant, but signing the covenant does not change obligations,
rights, or protections granted or imposed under law other than this chapter except as
provided in the covenant.
new text end
new text begin
(d) The following rules apply to interests in real property in existence at the time an
environmental covenant is created or amended:
new text end
new text begin
(1) an interest that has priority under other law is not affected by an environmental
covenant unless the person that owns the interest subordinates that interest to the covenant;
new text end
new text begin
(2) this chapter does not require a person that owns a prior interest to subordinate
that interest to an environmental covenant or to agree to be bound by the covenant;
new text end
new text begin
(3) a subordination agreement may be contained in an environmental covenant or
in a separate record that is recorded. If the environmental covenant covers commonly
owned property in a common interest community, the environmental covenant or the
subordination agreement may be signed by any person authorized by the governing board
of the owners' association; and
new text end
new text begin
(4) an agreement by a person to subordinate a prior interest to an environmental
covenant affects the priority of that person's interest but does not by itself impose any
affirmative obligation on the person with respect to the environmental covenant.
new text end
Sec. 13.
new text begin
[114E.15] CONTENTS OF ENVIRONMENTAL COVENANT.
new text end
new text begin
(a) An environmental covenant must:
new text end
new text begin
(1) state on its first page that the instrument is an environmental covenant executed
pursuant to this chapter;
new text end
new text begin
(2) contain a legally sufficient description of the real property subject to the covenant;
new text end
new text begin
(3) describe the activity and use limitations on the real property;
new text end
new text begin
(4) identify every holder;
new text end
new text begin
(5) be signed and acknowledged by the environmental agency, every holder, and
every owner of the fee simple title to the real property subject to the covenant; and
new text end
new text begin
(6) identify the name and location of any administrative record for the environmental
response project reflected in the environmental covenant.
new text end
new text begin
(b) In addition to the information required by paragraph (a), an environmental
covenant may contain other information, restrictions, and requirements agreed to by
the persons who signed it, including any:
new text end
new text begin
(1) requirements for notice of any transfer of a specified interest in, or concerning
proposed changes in use of, applications for building permits for, or proposals for any
site work affecting the contamination or the environmental response project on, the real
property subject to the covenant;
new text end
new text begin
(2) requirements for periodic reporting describing compliance with the covenant;
new text end
new text begin
(3) rights of access to the real property granted in connection with implementation
or enforcement of the covenant;
new text end
new text begin
(4) a brief narrative description of the contamination and environmental response
project, including the contaminants of concern, the pathways of exposure, limits on
exposure, and the location and extent of the contamination;
new text end
new text begin
(5) limitation on amendment or termination of the covenant in addition to those
contained in sections 114E.40 and 114E.45;
new text end
new text begin
(6) rights of the holder in addition to its right to enforce the covenant pursuant
to section 114E.50; and
new text end
new text begin
(7) waiver of a party's right to consent to the amendment or termination of a
covenant under section 114E.45, paragraph (a), clause (3).
new text end
new text begin
(c) The environmental agency may set reasonable conditions for its approval of an
environmental covenant, including:
new text end
new text begin
(1) requiring that persons specified by the agency that have interests in the real
property also sign the covenant;
new text end
new text begin
(2) requiring that a person who holds a prior interest in the real property subject to
the covenant agree to subordinate that interest where applicable; and
new text end
new text begin
(3) requiring the inclusion within the text of the covenant information, restrictions,
or requirements as described in paragraph (b).
new text end
Sec. 14.
new text begin
[114E.20] VALIDITY; EFFECT ON OTHER INSTRUMENTS.
new text end
new text begin
(a) An environmental covenant created under this chapter runs with the land.
new text end
new text begin
(b) An environmental covenant that is otherwise effective is valid and enforceable
even if:
new text end
new text begin
(1) it is not appurtenant to an interest in real property;
new text end
new text begin
(2) it can be or has been assigned to a person other than the original holder;
new text end
new text begin
(3) it is not of a character that has been recognized traditionally at common law;
new text end
new text begin
(4) it imposes a negative burden;
new text end
new text begin
(5) it imposes an affirmative obligation on a person having an interest in the real
property or on the holder;
new text end
new text begin
(6) the benefit or burden does not touch or concern real property;
new text end
new text begin
(7) there is no privity of estate or contract;
new text end
new text begin
(8) the holder dies, ceases to exist, resigns, or is replaced; or
new text end
new text begin
(9) the owner of an interest in the real property subject to the environmental
covenant and the holder are the same person.
new text end
new text begin
(c) Any instrument that imposes activity and use limitations, including any
conservation easement, declaration, restrictive covenant, or similar instrument created
before the effective date of this chapter remains valid and enforceable as provided in
the law under which it was created. This chapter does not apply in any other respect to
such an instrument.
new text end
new text begin
(d) This chapter does not invalidate or render unenforceable any interest, whether
designated as an environmental covenant or other interest, that is otherwise enforceable
under the law of this state.
new text end
Sec. 15.
new text begin
[114E.25] RELATIONSHIP TO OTHER LAND USE LAW.
new text end
new text begin
(a) This chapter does not authorize a use of real property that is otherwise prohibited
by zoning, by law other than this chapter regulating use of real property, or by a recorded
instrument that has priority over the environmental covenant.
new text end
new text begin
(b) An environmental covenant may prohibit or restrict uses of real property which
are authorized by zoning or by law other than this chapter.
new text end
new text begin
(c) An environmental agency that exercises authority under law other than this
chapter to require as part of an environmental response project the performance of a
response or corrective action that would not otherwise be an authorized use of real
property under zoning or other real property law or prior recorded instruments may
include such requirement as an affirmative obligation in an environmental covenant.
new text end
Sec. 16.
new text begin
[114E.30] NOTICE.
new text end
new text begin
(a) A copy of an environmental covenant, and any amendments or notices of
termination thereof, must be provided by the persons and in the manner required by the
environmental agency to:
new text end
new text begin
(1) each person that signed the covenant or their successor or assign;
new text end
new text begin
(2) each person holding a recorded interest in the real property subject to the
covenant;
new text end
new text begin
(3) each person in possession of the real property subject to the covenant;
new text end
new text begin
(4) each political subdivision in which real property subject to the covenant is
located; and
new text end
new text begin
(5) any other person the environmental agency requires.
new text end
new text begin
(b) The validity of a covenant is not affected by failure to provide a copy of the
covenant as required under this section.
new text end
Sec. 17.
new text begin
[114E.35] RECORDING.
new text end
new text begin
(a) An environmental covenant and any amendment or termination of the covenant
must be recorded with the county recorder or registrar of titles, as applicable, in every
county in which any portion of the real property subject to the covenant is located. For
purposes of indexing, a holder shall be treated as a grantee.
new text end
new text begin
(b) Except as otherwise provided in section 114E.40, paragraph (f), an environmental
covenant is subject to the laws of this state governing recording and priority of interests in
real property.
new text end
Sec. 18.
new text begin
[114E.40] DURATION; MODIFICATION OR TERMINATION BY
ADMINISTRATIVE OR COURT ACTION.
new text end
new text begin
(a) An environmental covenant is perpetual unless it is:
new text end
new text begin
(1) by its terms, limited to a specific duration or terminated by the occurrence of a
specific event;
new text end
new text begin
(2) terminated by consent pursuant to section 114E.45;
new text end
new text begin
(3) terminated pursuant to paragraph (b) or (e);
new text end
new text begin
(4) terminated by foreclosure of an interest that has priority over the environmental
covenant; or
new text end
new text begin
(5) terminated or modified in an eminent domain proceeding, but only if:
new text end
new text begin
(i) the environmental agency that signed the covenant is a party to the proceeding;
new text end
new text begin
(ii) all persons identified in paragraph (c) are given notice of the pendency of the
proceeding; and
new text end
new text begin
(iii) the court determines, after hearing, that the activity and use limitations subject
to termination or modification are no longer required to protect public health or welfare
or the environment.
new text end
new text begin
(b) The environmental agency that approved an environmental covenant may
determine whether to terminate or reduce the burden on the real property of the covenant
if the agency determines that some or all of the activity and use limitations under the
covenant are no longer required to protect public health or welfare or the environment or
modify the covenant if the agency determines that modification is required to adequately
protect public health or welfare or the environment.
new text end
new text begin
(c) The environmental agency shall provide notice of any proposed action under
paragraph (b) to each person with a current recorded interest in the real property subject
to the environmental covenant, each holder, all other persons who originally signed the
environmental covenant, or their successors or assigns, and any other person with rights
or obligations under the covenant. The environmental agency shall provide 30 days for
comment on the proposed action by parties entitled to notice. Any person entitled to notice
under this paragraph may request a contested case under chapter 14 by making the request
in writing within the 30-day comment period. A determination by an environmental
agency under this paragraph is a final agency decision subject to judicial review in the
same manner as provided in sections 14.63 to 14.68 or under applicable federal law.
new text end
new text begin
(d) Any person entitled to notice under paragraph (c) may apply in writing to the
environmental agency for a determination under paragraph (b) that an existing covenant
be terminated, that the burden of a covenant be reduced, or that the covenant be modified.
The application must specify the determination sought by the applicant, the reasons why
the environmental agency should make the determination, and the information which
would support it. If the environmental agency fails to commence a proceeding under
paragraph (b) within 60 days of receipt of the application, the applicant may bring a de
novo action in the district court for termination, reduction of burden, or modification of
the environmental covenant pursuant to paragraph (e).
new text end
new text begin
(e) The district court for the county in which the real property subject to an
environmental covenant is located may, under the doctrine of changed circumstances,
terminate the covenant, reduce its burden on the real property, or modify its terms in a de
novo action if an environmental agency fails to commence a proceeding within 60 days
as provided under paragraph (d). The applicant under paragraph (d), any party to the
environmental covenant, or any other person identified in paragraph (c) may commence an
action under this paragraph. The person commencing the action shall serve notice of the
action on the environmental agency and any person entitled to notice under paragraph (c).
The court shall terminate, reduce the burden of, or modify the environmental covenant
if the court determines that the person bringing the action shows that some or all of the
activity and use limitations under the covenant do not, or are no longer required to, protect
public health or welfare or the environment.
new text end
new text begin
(f) An environmental covenant may not be extinguished, limited, or impaired
through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine
of adverse possession, prescription, abandonment, waiver, lack of enforcement, or
acquiescence, or a similar doctrine.
new text end
new text begin
(g) An environmental covenant may not be extinguished, limited, or impaired by
application of section 500.20 or 541.023.
new text end
Sec. 19.
new text begin
[114E.45] AMENDMENT OR TERMINATION BY CONSENT.
new text end
new text begin
(a) An environmental covenant may be amended or terminated by consent only if
the amendment or termination is signed by:
new text end
new text begin
(1) the environmental agency;
new text end
new text begin
(2) the current owner of the fee simple title to the real property subject to the
covenant;
new text end
new text begin
(3) every other original signatory to the covenant, or their successor or assign, unless:
new text end
new text begin
(i) the person waived the right to consent to termination or modification in the
environmental covenant or another signed and acknowledged record that is recorded;
new text end
new text begin
(ii) the person fails to object to the amendment or termination within 60 days after
a notice requesting the person's consent to amendment or termination was mailed by
certified mail, return receipt requested, to the person's last known address, as obtained
from the United States Postal Service; or
new text end
new text begin
(iii) a court finds that the person no longer exists or cannot be located or identified
with the exercise of reasonable diligence; and
new text end
new text begin
(4) each holder, except as otherwise provided in paragraph (d).
new text end
new text begin
Any person may establish that the notice described in clause (3), item (ii), was properly
mailed by recording an affidavit to that effect from a person having knowledge of the
facts, and a certified copy of the recorded affidavit shall be prima facie evidence of the
facts stated therein.
new text end
new text begin
(b) If an interest in real property is subject to an environmental covenant, the interest
is not affected by an amendment of the covenant unless the current owner of the interest
consents to the amendment or has waived in the environmental covenant or other signed
record the right to consent to amendments.
new text end
new text begin
(c) Except for an assignment undertaken pursuant to a governmental reorganization,
or as otherwise provided in the environmental covenant, assignment of an environmental
covenant to a new holder is an amendment.
new text end
new text begin
(d) Except as otherwise provided in paragraph (c) or in an environmental covenant:
new text end
new text begin
(1) a holder may not assign its interest without consent of the other parties specified
in paragraph (a);
new text end
new text begin
(2) a holder may be removed and replaced by agreement of the other parties
specified in paragraph (a); and
new text end
new text begin
(3) a court of competent jurisdiction may fill a vacancy in the position of holder.
new text end
Sec. 20.
new text begin
[114E.50] ENFORCEMENT OF ENVIRONMENTAL COVENANT.
new text end
new text begin
(a) A civil action for injunctive or other equitable relief for violation of an
environmental covenant may be maintained by:
new text end
new text begin
(1) a party to the covenant, including all holders;
new text end
new text begin
(2) the environmental agency that signed the covenant;
new text end
new text begin
(3) any person to whom the covenant expressly grants power to enforce;
new text end
new text begin
(4) a person whose interest in the real property or whose collateral or liability may
be affected by the alleged violation of the covenant; or
new text end
new text begin
(5) a political subdivision in which the real property subject to the covenant is
located.
new text end
new text begin
(b) The state environmental agency that signed the covenant may use any remedy
or enforcement measure provided in section 115.071, subdivisions 3 to 5, or 116.072 to
remedy violations of a covenant. This paragraph does not limit the state environmental
agency from taking action to enforce the terms of a covenant against a person required to
comply with the covenant in connection with that person's obligation to perform response
actions or as a condition of receiving a liability assurance with respect to a release or
threatened release of contaminants.
new text end
new text begin
(c) This chapter does not limit the regulatory authority of the environmental agency
under law other than this chapter with respect to an environmental response project.
new text end
new text begin
(d) A person is not responsible for or subject to liability arising from a release
or threatened release of contamination into the environment, or for remediation costs
attendant thereto, solely because it has signed, holds rights to, or otherwise has the right to
enforce an environmental covenant.
new text end
Sec. 21.
new text begin
[114E.60] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
new text end
new text begin
In applying and construing this chapter, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
new text end
Sec. 22.
new text begin
[114E.65] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
AND NATIONAL COMMERCE ACT.
new text end
new text begin
This chapter modifies, limits, or supersedes the federal Electronic Signatures in
Global and National Commerce Act, United States Code, title 15, section 7001 et seq., but
does not modify, limit, or supersede section 101 of that act, United States Code, title 15,
section 7001(a), or authorize electronic delivery of any of the notices described in section
103 of that act, United States Code, title 15, section 7003(b).
new text end
Sec. 23.
Minnesota Statutes 2006, section 115.072, is amended to read:
115.072 RECOVERY OF LITIGATION COSTS AND EXPENSES.
In any action brought by the attorney general, in the name of the state, pursuant
to the provisions of this chapter and chapters 114Cnew text begin , 114E,new text end and 116, for civil penalties,
injunctive relief, or in an action to compel compliance, if the state shall finally prevail,
and if the proven violation was willful, the state, in addition to other penalties provided
in this chapter, may be allowed an amount determined by the court to be the reasonable
value of all or a part of the litigation expenses incurred by the state. In determining the
amount of such litigation expenses to be allowed, the court shall give consideration to the
economic circumstances of the defendant.
Amounts recovered under the provisions of this section and section 115.071,
subdivisions 3 to 5, shall be paid into the environmental fund in the state treasury to the
extent provided in section 115.073.
Sec. 24.
Minnesota Statutes 2006, section 115B.17, subdivision 15, is amended to read:
Subd. 15.
Acquisition of property.
The agency may acquire, by purchase
or donation, deleted text begin an interestdeleted text end new text begin interestsnew text end in real property, including easements, deleted text begin restrictivedeleted text end new text begin
environmentalnew text end covenantsnew text begin under chapter 114Enew text end , and leases, that the agency determines
deleted text begin isdeleted text end new text begin arenew text end necessary for response action. deleted text begin The validity and duration of a restrictive covenant
or nonpossessory easement acquired under this subdivision shall be determined in the
same manner as the validity and duration of a conservation easement under chapter 84C,
unless the duration is otherwise provided in the agreement.deleted text end The agency may acquire
an easement by condemnation only if the agency is unable, after reasonable efforts, to
acquire an interest in real property by purchase or donation. The provisions of chapter 117
govern condemnation proceedings by the agency under this subdivision. A donation of an
interest in real property to the agency is not effective until the agency executes a certificate
of acceptance. The state is not liable under this chapter solely as a result of acquiring an
interest in real property under this subdivision.new text begin Agency approval of an environmental
convenant under chapter 114E is sufficient evidence of acceptance of an interest in real
property where the agency is expressly identified as a holder in the covenant.
new text end
Sec. 25.
Minnesota Statutes 2006, section 219.99, is amended to read:
219.99 RAILROAD PRAIRIE RIGHT-OF-WAY; BEST MANAGEMENT
PRACTICES.
The commissioner of natural resources shall conduct a field review of railroad
rights-of-way to identify native prairie. The priority will be to identify and conduct a field
review of any surveys which have been conducted previously, whether by public or private
persons, of native prairies within railroad rights-of-way in this state. In cooperation with
railroad companies, the commissioner shall identify management practices used to control
vegetation along railroad rights-of-way. The commissioner shall then assess the impact
of those management practices on the prairie lands within the railroad rights-of-way.
Based on that assessment, the commissioner and railroad companies shall jointly develop
voluntary best management practices for prairie lands within railroad rights-of-way.new text begin The
commissioner shall, to the extent feasible, work with private individuals and groups
to cause to be erected markers at either end of each native prairie within a railroad
right-of-way.
new text end
Sec. 26.
Minnesota Statutes 2006, section 473.1565, subdivision 1, is amended to read:
Subdivision 1.
Planning activities.
(a) The Metropolitan Council must carry out
planning activities addressing the water supply needs of the metropolitan area as defined
in section 473.121, subdivision 2. The planning activities must include, at a minimum:
(1) development and maintenance of a base of technical information needed for
sound water supply decisions including surface and groundwater availability analyses,
water demand projections, water withdrawal and use impact analyses, modeling, and
similar studies;
(2) development and periodic update of a metropolitan area master water supply
plannew text begin , prepared in cooperation with and subject to the approval of the commissioner
of natural resources,new text end that:
(i) provides guidance for local water supply systems and future regional investments;
(ii) emphasizes conservation, interjurisdictional cooperation, and long-term
sustainability; and
(iii) addresses the reliability, security, and cost-effectiveness of the metropolitan area
water supply system and its local and subregional components;
(3) recommendations for clarifying the appropriate roles and responsibilities of
local, regional, and state government in metropolitan area water supply;
(4) recommendations for streamlining and consolidating metropolitan area water
supply decision-making and approval processes; and
(5) recommendations for the ongoing and long-term funding of metropolitan area
water supply planning activities and capital investments.
(b) The council must carry out the planning activities in this subdivision in
consultation with the Metropolitan Area Water Supply Advisory Committee established in
subdivision 2.
Sec. 27.
Minnesota Statutes 2006, section 473.859, subdivision 3, is amended to read:
Subd. 3.
Public facilities plan.
A public facilities plan shall describe the character,
location, timing, sequence, function, use and capacity of existing and future public
facilities of the local governmental unit. A public facilities plan must be in at least such
detail as may be necessary to establish existing or potential effects on or departures from
metropolitan system plans and to protect metropolitan system plans. A public facilities
plan shall contain at least the following parts:
(1) a transportation plan describing, designating and scheduling the location, extent,
function and capacity of existing and proposed local public and private transportation
services and facilities;
(2) a sewer policy plan describing, designating and scheduling the areas to be
sewered by the public system, the existing and planned capacities of the public system, the
standards and conditions under which the installation of private sewer systems will be
permitted, and to the extent practicable, the areas not suitable for public or private systems
because of public health, safety and welfare considerations;
(3) a parks and open space plan describing, designating and scheduling the existing
and proposed parks and recreation open spaces within the jurisdiction; and
(4) a water supply plan deleted text begin including:deleted text end new text begin as described in section 103G.291, subdivision 3.
new text end
deleted text begin
(i) a description of the existing water supply system, including the source of water,
well and treatment plant locations, and major supply lines; an inventory of commercial
and industrial users; an indication of the community's intent to make future changes
or additions to the system, including projections for population and industrial and
commercial use and the methods by which this growth will be served;
deleted text end
deleted text begin
(ii) a statement of the community's objectives, policies, and standards for operating
the water supply system;
deleted text end
deleted text begin
(iii) a conservation program that contains the goals of the program, demand and
supply conservation techniques to be used, an evaluation of pricing methods that could be
used to reduce demand, the conditions under which conservation actions would occur,
a process for reducing nonessential uses according to the priority system under section
, and the education program that will be used to inform the public of the need to
conserve and the methods available to achieve conservation;
deleted text end
deleted text begin
(iv) an emergency preparedness or contingency plan, as described in section
deleted text begin 103G.291, subdivision 3deleted text end ;
deleted text end
deleted text begin
(v) an indication of the possibility for joint efforts with neighboring communities or
other public entities for sharing water sources and treatment, interconnection for routine or
emergency supply, pursuit of alternative supplies, and water source protection;
deleted text end
deleted text begin
(vi) a statement of the water supply problems that the community experiences or
expects to experience and any proposed solutions, especially those that would impact
other communities or the region; and
deleted text end
deleted text begin
(vii) a wellhead protection plan prepared in accordance with rules adopted by the
commissioner of health under section deleted text begin 103I.101, subdivision 5deleted text end , clause (9).
deleted text end
Sec. 28. new text begin AQUATIC PLANT RULEMAKING.
new text end
new text begin
By January 15, 2008, the commissioner of natural resources shall initiate
rulemaking under Minnesota Statutes, chapter 14, to update the standards for aquatic plant
management permit issuance. The commissioner shall consult with the commissioner of
administration regarding the feasibility of using mediation services during the process of
developing the rules. By January 15, 2008, the commissioner shall report to the senate
and house of representatives committees on natural resource policy on the proposed rule
changes. The rule changes must not be finally adopted before June 1, 2008.
new text end
Sec. 29. new text begin EURASIAN WATER MILFOIL PILOT PROGRAM; GREEN LAKE.
new text end
new text begin
As part of the invasive species management program under Minnesota Statutes,
section 84D.02, subdivisions 1 and 2, the commissioner of natural resources shall consider
a pilot project for the control of Eurasian water milfoil on Green Lake in Kandiyohi
County.
new text end
Sec. 30. new text begin SHORELAND STANDARDS.
new text end
new text begin
The commissioner of natural resources may initiate rulemaking under Minnesota
Statutes, chapter 14, to update the minimum shoreland standards in Minnesota Rules,
chapter 6120.
new text end
Sec. 31. new text begin MINNESOTA TRAVEL GREEN PROGRAM.
new text end
new text begin
(a) The director of Explore Minnesota Tourism shall collaborate with the
commissioner of natural resources to develop a Minnesota travel green program to
recognize tourism businesses that have made a commitment to reduce their environmental
impact. A Minnesota travel green program must be a voluntary program designed
to promote the Explore Minnesota brand and give the state and hospitality business
participants a marketing edge, promote smart business practices, reduce costs, educate
travelers, promote Minnesota travel, and protect the environment.
new text end
new text begin
(b) In developing the program, the director and the commissioner shall actively
seek the ideas, advice, and participation of:
new text end
new text begin
(1) the Minnesota travel and tourism industry;
new text end
new text begin
(2) the Explore Minnesota Tourism Council;
new text end
new text begin
(3) the University of Minnesota Tourism Center;
new text end
new text begin
(4) the commissioner of the Pollution Control Agency;
new text end
new text begin
(5) the Minnesota Environmental Initiative;
new text end
new text begin
(6) the International Ecotourism Society;
new text end
new text begin
(7) Renewing The Countryside organization;
new text end
new text begin
(8) statewide lodging and hospitality associations;
new text end
new text begin
(9) private industry sponsors; and
new text end
new text begin
(10) other interested organizations.
new text end
new text begin
(c) The director and the commissioner shall:
new text end
new text begin
(1) research other states' similar programs;
new text end
new text begin
(2) determine criteria that must be met in order for a business to participate in the
program;
new text end
new text begin
(3) determine who will evaluate the criteria in relation to a particular business;
new text end
new text begin
(4) estimate the level of private sector partnership participation;
new text end
new text begin
(5) determine the marketing techniques that will have the most impact; and
new text end
new text begin
(6) establish a timeline and budget to get the program up and running.
new text end
new text begin
(d) The director and the commissioner shall present their recommendations to the
legislative committees with jurisdiction over the environment and tourism, along with
draft legislation to codify the program.
new text end
Sec. 32. new text begin REPEALER.
new text end
new text begin
Laws 2006, chapter 236, article 1, section 2,
new text end
new text begin
is repealed.
new text end
ARTICLE 2
OFF-HIGHWAY VEHICLES
Section 1.
Minnesota Statutes 2006, section 84.777, is amended to read:
84.777 OFF-HIGHWAY VEHICLE USE OF STATE LANDS RESTRICTED.
new text begin Subdivision 1. new text end
new text begin Designated trails. new text end
(a) Except as otherwise allowed by law or rules
adopted by the commissioner, effective June 1, 2003, notwithstanding sections 84.787
to 84.805 and 84.92 to 84.929, the use of off-highway vehicles is prohibited on state
land administered by the commissioner of natural resources, and on county-administered
forest land within the boundaries of a state forest, except on roads and trails specifically
designated and posted by the commissioner for use by off-highway vehicles.
(b) Paragraph (a) does not apply to county-administered land within a state forest if
the county board adopts a resolution that modifies restrictions on the use of off-highway
vehicles on county-administered land within the forest.
new text begin Subd. 2. new text end
new text begin Off-highway vehicle seasons. new text end
new text begin
(a) The commissioner shall prescribe
seasons for off-highway vehicle use on state forest lands. Except for designated forest
roads, a person must not operate an off-highway vehicle on state forest lands outside of
the season prescribed under this paragraph.
new text end
new text begin
(b) The commissioner may designate and post winter trails on state forest lands
for use by off-highway vehicles.
new text end
new text begin
(c) For the purposes of this subdivision, "state forest lands" means forest lands under
the authority of the commissioner as defined in section 89.001, subdivision 13, and lands
managed by the commissioner under section 282.011.
new text end
new text begin Subd. 3. new text end
new text begin Mapped trails. new text end
new text begin
Except as provided in sections 84.926 and 84.928,
effective December 31, 2010, a person must not operate an off-highway vehicle on state
land that is not mapped for the type of off-highway vehicle.
new text end
new text begin Subd. 4. new text end
new text begin Exemption from rulemaking. new text end
new text begin
Determinations of the commissioner under
this section may be by written order published in the State Register and are exempt from
the rulemaking provisions of chapter 14. Section 14.386 does not apply.
new text end
Sec. 2.
new text begin
[84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION
PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
The commissioner of natural resources shall establish
a program to promote the safe and responsible operation of off-highway vehicles in a
manner that does not harm the environment.
new text end
new text begin Subd. 2. new text end
new text begin Agreements. new text end
new text begin
(a) The commissioner shall enter into agreements with
organizations for volunteer services that promote the safe and responsible operation
of off-highway vehicles in a manner that does not harm the environment to maintain,
make improvements to, and monitor trails on state forest land and other public lands.
The organizations shall promote the operation of off-highway vehicles in a safe and
responsible manner that complies with the laws and rules that relate to the operation
of off-highway vehicles.
new text end
new text begin
(b) The organizations may provide assistance to the department in locating,
recruiting, and training instructors for off-highway vehicle training programs.
new text end
new text begin
(c) The commissioner may provide assistance to enhance the comfort and safety
of volunteers and to facilitate the implementation and administration of the safety and
conservation program.
new text end
new text begin
(d) The commissioner shall establish standards, train, and certify organizations and
individuals participating as volunteers under this section. The training shall include:
new text end
new text begin
(1) the identification of invasive species;
new text end
new text begin
(2) correctly reporting the location of invasive species; and
new text end
new text begin
(3) basic global positioning system operation.
new text end
new text begin Subd. 3. new text end
new text begin Worker displacement prohibited. new text end
new text begin
The commissioner may not enter into
any agreement that has the purpose of or results in the displacement of public employees
by volunteers participating in the off-highway safety and conservation program under
this section. The commissioner must certify to the appropriate bargaining agent that the
work performed by a volunteer will not result in the displacement of currently employed
workers or workers on seasonal layoff or layoff from a substantially equivalent position,
including partial displacement such as reduction in hours of nonovertime work, wages, or
other employment benefits.
new text end
new text begin Subd. 4. new text end
new text begin Off-Highway Vehicle Safety Advisory Council. new text end
new text begin
The commissioner
of natural resources shall appoint an Off-Highway Vehicle Safety Advisory Council to
advise the commissioner on:
new text end
new text begin
(1) off-highway vehicle safety; and
new text end
new text begin
(2) standards and certification for organizations and individuals participating as
volunteers under this section.
new text end
Sec. 3.
Minnesota Statutes 2006, section 84.9256, subdivision 2, is amended to read:
Subd. 2.
Helmet new text begin and seat belts new text end required.
new text begin (a) new text end A person less than 18 years of age
shall not deleted text begin operatedeleted text end new text begin ride as a passenger or as an operator ofnew text end an all-terrain vehicle on public
land, public waters, or on a public road right-of-way unless wearing a safety helmet
approved by the commissioner of public safety.
new text begin
(b) A person less than 18 years of age shall not ride as a passenger or as an operator of
a class 2 all-terrain vehicle without wearing a seat belt when provided by the manufacturer.
new text end
Sec. 4.
Minnesota Statutes 2006, section 84.9256, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Parent or guardian authorization. new text end
new text begin
A person under age 16 shall not
operate and a person shall not allow a person under age 16 to operate an all-terrain vehicle,
unless the parent or guardian of the person under age 16 authorizes the operation. For
purposes of this subdivision, "guardian" means the legal guardian of the person under age
16 or a person age 18 or older who has been authorized by the parent or legal guardian to
supervise the person under age 16.
new text end
Sec. 5.
Minnesota Statutes 2006, section 84.9257, is amended to read:
84.9257 PASSENGERS.
(a) deleted text begin A parent or guardian may operate a class 1 all-terrain vehicle carrying one
passenger who is under 16 years of age and who wears a safety helmet approved by the
commissioner of public safety.
deleted text end
deleted text begin
(b) For the purpose of this section, "guardian" means a legal guardian of a person
under age 16, or a person 18 or older who has been authorized by the parent or legal
guardian to supervise the person under age 16.
deleted text end
deleted text begin (c)deleted text end A person 18 years of age or older may operate deleted text begin andeleted text end new text begin a class 1new text end all-terrain vehicle
carrying one passenger deleted text begin who is 16 or 17 years of age and wears a safety helmet approved
by the commissioner of public safetydeleted text end .
deleted text begin (d)deleted text end new text begin (b)new text end A person 18 years of age or older may operate deleted text begin an all-terrain vehicle carrying
one passenger who is 18 years of age or olderdeleted text end deleted text begin .
deleted text end
deleted text begin (e) An operator ofdeleted text end a class 2 all-terrain vehicle deleted text begin may carry two passengersdeleted text end new text begin while
carrying a passenger, or up to the number of passengers for which the vehicle was
designed, whichever is greaternew text end .
Sec. 6.
Minnesota Statutes 2006, section 84.926, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Operation; class 2 vehicles. new text end
new text begin
Except as provided in subdivision 4,
operation of class 2 all-terrain vehicles on lands administered by the commissioner is
limited to forest roads, minimum maintenance roads, and trails designated or signed for
class 2 all-terrain vehicles.
new text end
Sec. 7.
Minnesota Statutes 2006, section 84.928, subdivision 1, is amended to read:
Subdivision 1.
Operation on roads and rights-of-waydeleted text begin ; class 1 vehiclesdeleted text end .
(a) Unless
otherwise allowed in sections 84.92 to 84.929, a person shall not operate deleted text begin a class 1deleted text end new text begin annew text end
all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope
of a public road right-of-way of a trunk, county state-aid, or county highway deleted text begin other thandeleted text end new text begin .new text end
new text begin (b) A person may operate a class 1 all-terrain vehicle new text end in the ditch or the outside
bank or slope of a trunk, county state-aid, or county highway unless prohibited under
paragraph deleted text begin (b)deleted text end new text begin (d) or (f)new text end .
new text begin
(c) A person may operate a class 2 all-terrain vehicle within the public road
right-of-way of a county state-aid or county highway on the extreme right-hand side of
the road and left turns may be made from any part of the road if it is safe to do so under
the prevailing conditions, unless prohibited under paragraph (d) or (f). A person may
operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a
designated class 2 all-terrain vehicle trail.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end A road authority as defined under section 160.02, subdivision 25, may after a
public hearing restrict the use of deleted text begin class 1deleted text end all-terrain vehicles in the deleted text begin ditch or outside bank or
slope of adeleted text end public road right-of-way under its jurisdiction.
deleted text begin (c)deleted text end new text begin (e)new text end The restrictions in paragraphs (a), deleted text begin (b), (g),deleted text end new text begin (d),new text end (h), deleted text begin anddeleted text end (i)new text begin , and (j)new text end do not
apply to the operation of deleted text begin a class 1deleted text end new text begin annew text end all-terrain vehicle on the shoulder, inside bank or
slope, ditch, or outside bank or slope of a trunk, interstate, county state-aid, or county
highway when the deleted text begin class 1deleted text end all-terrain vehicle is:
(1) owned by or operated under contract with a publicly or privately owned utility
or pipeline company; and
(2) used for work on utilities or pipelines.
deleted text begin (d)deleted text end new text begin (f)new text end The commissioner may limit the use of a right-of-way for a period of time if
the commissioner determines that use of the right-of-way causes:
(1) degradation of vegetation on adjacent public property;
(2) siltation of waters of the state;
(3) impairment or enhancement to the act of taking game; or
(4) a threat to safety of the right-of-way users or to individuals on adjacent public
property.
deleted text begin (e)deleted text end The commissioner must notify the road authority as soon as it is known that a
closure will be ordered. The notice must state the reasons and duration of the closure.
deleted text begin (f)deleted text end new text begin (g)new text end A person may operate deleted text begin a class 1deleted text end new text begin annew text end all-terrain vehicle registered for private
use and used for agricultural purposes deleted text begin or a class 2 all-terrain vehicledeleted text end on a public road
right-of-way of a trunk, county state-aid, or county highway in this state if the deleted text begin class 1deleted text end
deleted text begin or class 2deleted text end all-terrain vehicle is operated on the extreme right-hand side of the road, and
left turns may be made from any part of the road if it is safe to do so under the prevailing
conditions.
deleted text begin (g)deleted text end new text begin (h)new text end A person shall not operate deleted text begin a class 1deleted text end new text begin annew text end all-terrain vehicle within the public
road right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1
in the agricultural zone unless the vehicle is being used exclusively as transportation to and
from work on agricultural lands. This paragraph does not apply to an agent or employee
of a road authority, as defined in section 160.02, subdivision 25, or the Department of
Natural Resources when performing or exercising official duties or powers.
deleted text begin (h)deleted text end new text begin (i)new text end A person shall not operate deleted text begin a class 1deleted text end new text begin annew text end all-terrain vehicle within the public
road right-of-way of a trunk, county state-aid, or county highway between the hours of
one-half hour after sunset to one-half hour before sunrise, except on the right-hand side
of the right-of-way and in the same direction as the highway traffic on the nearest lane
of the adjacent roadway.
deleted text begin (i)deleted text end new text begin (j)new text end A person shall not operate deleted text begin a class 1deleted text end new text begin annew text end all-terrain vehicle at any time within the
right-of-way of an interstate highway or freeway within this state.
Sec. 8.
new text begin
[89.0212] STATE FOREST TRADITIONAL AREAS.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "state forest traditional
area" or "traditional area" means the portion of a state forest dedicated to traditional
uses, including, but not limited to, logging, hunting, trapping, fishing, wildlife watching,
snowmobiling, hiking, biking, canoeing, and berry picking.
new text end
new text begin Subd. 2. new text end
new text begin Designation. new text end
new text begin
By December 31, 2008, the commissioner shall designate
state forest traditional areas.
new text end
new text begin Subd. 3. new text end
new text begin Vehicle restrictions. new text end
new text begin
Within a state forest traditional area:
new text end
new text begin
(1) no off-highway vehicles, as defined under section 84.771, are allowed off of
state forest roads;
new text end
new text begin
(2) no trails for off-highway vehicles, as defined under section 84.771, are allowed;
and
new text end
new text begin
(3) no hunting or trapping using an off-highway vehicle is allowed.
new text end
new text begin
These restrictions are subject to exception by permit under section 84.926, subdivision 1.
new text end
new text begin Subd. 4. new text end
new text begin Exemption from rulemaking. new text end
new text begin
Determinations of the commissioner under
this section may be by written order published in the State Register and are exempt from
the rulemaking provisions of chapter 14. Section 14.386 does not apply.
new text end
Sec. 9.
Minnesota Statutes 2006, section 169A.35, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
As used in this section:
(1) "alcoholic beverage" has the meaning given it in section 340A.101, subdivision 2;
(2) "distilled spirits" has the meaning given it in section 340A.101, subdivision 9;
(3) "motor vehicle" does not include motorboats in operationnew text begin ,new text end or off-road recreational
vehiclesnew text begin except when being operated on a roadway or shoulder of a roadway that is not
part of a grant-in-aid trail or trail designated for that vehicle by the commissioner of
natural resourcesnew text end ;
(4) "possession" means either that the person had actual possession of the bottle or
receptacle or that the person consciously exercised dominion and control over the bottle
or receptacle; and
(5) "3.2 percent malt liquor" has the meaning given it in section 340A.101,
subdivision 19.
Sec. 10.
Laws 2003, chapter 128, article 1, section 167, subdivision 1, as amended by
Laws 2005, First Special Session chapter 1, article 2, section 152, is amended to read:
Sec. 167. FOREST LAND OFF-HIGHWAY VEHICLE USE
RECLASSIFICATION.
Subdivision 1.
Forest classification status review.
(a) By December 31, 2006, the
commissioner of natural resources shall complete a review of the forest classification status
of all state forests classified as managed or limited, all forest lands under the authority of
the commissioner as defined in Minnesota Statutes, section 89.001, subdivision 13, and
lands managed by the commissioner under Minnesota Statutes, section 282.011. The
review must be conducted on a forest-by-forest and area-by-area basis in accordance with
the process and criteria under Minnesota Rules, part 6100.1950. Except as provided in
paragraph (d), after each forest is reviewed, the commissioner must change deleted text begin itsdeleted text end new text begin the new text end status
new text begin of the lands within each forest new text end to limited or closeddeleted text begin , and deleted text end new text begin . The commissioner may classify
portions of a limited forest as closed. The commissioner new text end must new text begin also new text end provide a similar
status for each of the other areas subject to review under this section after each individual
review is completed.
(b) If the commissioner determines on January 1, 2005, that the review required
under this section cannot be completed by December 31, 2006, the completion date for the
review shall be extended to December 31, 2008. By January 15, 2005, the commissioner
shall report to the chairs of the legislative committees with jurisdiction over natural
resources policy and finance regarding the status of the process required by this section.
(c) Until December 31, 2010, the state forests and areas subject to review under this
section are exempt from Minnesota Statutes, section 84.777, unless an individual forest or
area has been classified as limited or closed.
(d) Notwithstanding the restrictions in paragraph (a), and Minnesota Statutes,
section 84.777,new text begin subdivision 1,new text end all forest lands under the authority of the commissioner as
defined in Minnesota Statutes, section 89.001, subdivision 13, and lands managed by the
commissioner under Minnesota Statutes, section 282.011, that are north of U.S. Highway
2 shall maintain their present classification unless the commissioner reclassifies the lands
under Minnesota Rules, part 6100.1950. The commissioner shall provide for seasonal
trail closures when conditions warrant them. By December 31, 2008, the commissioner
shall complete the review and designate trails on forest lands north of Highway 2 as
provided in this section.
Sec. 11. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, section 84.928, subdivision 8,
new text end
new text begin
is repealed.
new text end
ARTICLE 3
GAME AND FISH
Section 1.
Minnesota Statutes 2006, section 17.4984, subdivision 1, is amended to read:
Subdivision 1.
License required.
(a) A person or entity may not operate an aquatic
farm without first obtaining an aquatic farm license from the commissioner.
(b) Applications for an aquatic farm license must be made on forms provided by
the commissioner.
(c) Licenses are valid for five years and are transferable upon notification to the
commissioner.
(d) The commissioner shall issue an aquatic farm license on payment of the required
license fee under section 17.4988.
(e) A license issued by the commissioner is not a determination of private property
rights, but is only based on a determination that the licensee does not have a significant
detrimental impact on the public resource.
new text begin
(f) Until August 1, 2008, the commissioner shall not issue a new license to raise
minnows in a water body if the water body is the subject of a protective easement or
other interest in land that was acquired with funding from migratory waterfowl stamp
proceeds under section 97A.075, subdivision 2, or if the water body was the subject of
any other development, restoration, maintenance, or preservation project funded under
section 97A.075, subdivision 2. By January 15, 2008, the commissioner shall report to the
senate and house of representatives committees on natural resource policy on whether to
continue or expand the restrictions under this paragraph.
new text end
Sec. 2.
Minnesota Statutes 2006, section 97A.015, subdivision 24, is amended to read:
Subd. 24.
Game birds.
"Game birds" means migratory waterfowl, new text begin ring-necked
new text end pheasant, ruffed grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens,
gray partridge, bob-white quail, new text begin wild new text end turkeys, coots, gallinules, sora and Virginia rails,
mourning dove, American woodcock, and common snipe.
Sec. 3.
Minnesota Statutes 2006, section 97A.015, is amended by adding a subdivision
to read:
new text begin Subd. 26c. new text end
new text begin
Immediately released or immediately returned to the water.
new text end
new text begin
"Immediately released" or "immediately returned to the water" means that a fish must not
be retained longer than is needed at the site of capture to unhook, identify, measure, or
photograph the fish. Placing a fish on a stringer, in a live well, or in a cooler, bucket, or
other container is not "immediately released" or "immediately returned to the water."
new text end
Sec. 4.
Minnesota Statutes 2006, section 97A.133, is amended by adding a subdivision
to read:
new text begin
Subd. 66. Vermillion Highlands Wildlife Management Area, Dakota County.
new text end
Sec. 5.
Minnesota Statutes 2006, section 97A.401, subdivision 5, is amended to read:
Subd. 5.
Wild animals damaging property.
Special permits may be issued with
or without a fee to take protected wild animals deleted text begin that are damaging propertydeleted text end or to remove
or destroy their dens, nests, new text begin eggs, new text end houses, or damsnew text begin for the purpose of preventing or
reducing damage or injury to people, property, agricultural crops, or other interests. The
commissioner may prescribe rules for taking Canada geese and their nests and eggs, with
or without a permit, consistent with federal regulationsnew text end . deleted text begin A special permit issued under this
subdivision to take beaver must state the number to be taken.
deleted text end
Sec. 6.
Minnesota Statutes 2006, section 97A.405, subdivision 2, is amended to read:
Subd. 2.
Personal possession.
(a) A person acting under a license or traveling from
an area where a licensed activity was performed must have in personal possession either:
(1) the proper license, if the license has been issued to and received by the person; or (2)
the proper license identification number or stamp validation, if the license has been sold to
the person by electronic means but the actual license has not been issued and received.
(b) If possession of a license or a license identification number is required, a person
must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
license if the license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation and a valid state driver's license, state
identification card, or other form of identification provided by the commissioner, if the
license has been sold to the person by electronic means but the actual license has not been
issued and received.new text begin A person charged with violating the license possession requirement
shall not be convicted if the person produces in court or the office of the arresting officer,
the actual license previously issued to that person, which was valid at the time of arrest,
or satisfactory proof that at the time of the arrest the person was validly licensed. Upon
request of a conservation officer or peace officer, a licensee shall write the licensee's name
in the presence of the officer to determine the identity of the licensee.
new text end
(c) If the actual license has been issued and received, a receipt for license fees, a
copy of a license, or evidence showing the issuance of a license, including the license
identification number or stamp validation, does not entitle a licensee to exercise the rights
or privileges conferred by a license.
(d) A license or stamp issued electronically and not immediately provided to the
licensee shall be mailed to the licensee within 30 days of purchase of the license or stamp
validation, except for a pictorial turkey stamp or a pictorial trout and salmon stamp. A
pictorial turkey stamp or a pictorial trout and salmon stamp shall be mailed to the licensee
after purchase of a license or stamp validation only if the licensee pays an additional $2 fee.
Sec. 7.
Minnesota Statutes 2006, section 97A.405, subdivision 4, is amended to read:
Subd. 4.
Replacement licenses.
(a) The commissioner may permit licensed deer
hunters to change zone, license, or season options. The commissioner may issue a
replacement license if the applicant submits the original deer license and unused tags that
are being replaced and the applicant pays any increase in cost between the original and
the replacement license. new text begin A refund of the difference in fees may be issued when a person
changes from a regular deer license to a youth deer license. new text end When a person submits both
an archery and a firearms license for replacement, the commissioner may apply the value
of both licenses towards the replacement license fee.
(b) A replacement license may be issued only if the applicant has not used any tag
from the original license new text begin or licenses new text end and meets the conditions of paragraph (c). The original
license new text begin or licenses new text end and all unused tags deleted text begin for that licensedeleted text end new text begin for the licenses being replaced new text end must
be submitted to the issuing agent at the time the replacement license is issued.
(c) A replacement license may be issued under the following conditions, or as
otherwise prescribed by rule of the commissioner:
(1) when the season for the license being surrendered has not yet opened; deleted text begin or
deleted text end
(2) when the person is upgrading from a regular firearms or archery deer license to
deleted text begin a multizone ordeleted text end new text begin annew text end all season deer licensenew text begin ;
new text end
new text begin
(3) when the person is upgrading from a regular firearms license to a multizone
deer license; or
new text end
new text begin (4) when the person is changing from a regular firearms deer license to a youth
deer licensenew text end .
(d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid
immediately upon issuance if the license being surrendered is valid at that time.
Sec. 8.
Minnesota Statutes 2006, section 97A.411, subdivision 1, is amended to read:
Subdivision 1.
License period.
(a) Except as provided in paragraphs (b)deleted text begin , (c),deleted text end and
(d), a license is valid during the lawful time within the license year that the licensed
activity may be performed. new text begin Except as provided in paragraph (c), new text end a license year begins on
the first day of March and ends on the last day of February.
(b) A license issued under section 97A.475, subdivision 6, clause (5), 97A.475,
subdivision 7, clause (2), (3), (5), or (6), or 97A.475, subdivision 12, clause (2), is valid
for the full license period even if this period extends into the next license year, provided
that the license period selected by the licensee begins at the time of issuance.
(c) deleted text begin When the last day of February falls on a Saturday, an annual resident or
nonresident fish house or dark house license, including a rental fish house or dark house
license, obtained for the license year covering the last day of February, is valid through
Sunday, March 1 and the angling license of the fish house licensee is extended through
March 1.deleted text end new text begin The license year for resident fishing, the angling portion of a sporting license,
nonresident fishing, resident fish house, resident dark house, and nonresident fish house
begins on March 1 and ends on April 30 of the following year.
new text end
(d) A lifetime license issued under section 97A.473 or 97A.474 is valid during the
lawful time within the license year that the licensed activity may be performed for the
lifetime of the licensee.
Sec. 9.
Minnesota Statutes 2006, section 97A.421, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Taking wild animals while privileges are suspended. new text end
new text begin
A person who
takes a protected wild animal during the time the person is prohibited from obtaining a
license to take that animal under this section is guilty of a misdemeanor.
new text end
Sec. 10.
Minnesota Statutes 2006, section 97A.451, subdivision 3, is amended to read:
Subd. 3.
Residents under age 16; small game.
(a) A resident under age 16 may
not obtain a small game license but may take small game by firearms or bow and arrow
without a license if the resident is:
(1) age 14 or 15 and possesses a firearms safety certificate;
(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent
or guardian; deleted text begin or
deleted text end
(3)new text begin age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
by a parent or guardian who possesses a small game license that was not obtained using an
apprentice hunter validation; or
new text end
new text begin (4)new text end age 12 or under and is accompanied by a parent or guardian.
(b) A resident under age 16 may take small game by trapping without a small game
license, but a resident 13 years of age or older must have a trapping license. A resident
under age 13 may trap without a trapping license, but may not register fisher, otter,
bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat,
or pine marten taken by a resident under age five must be included in the limit of the
accompanying parent or guardian.
(c) A resident under age 12 may apply for a turkey license and may take a turkey
without a firearms safety certificate if the resident is accompanied by an adult parent or
guardian who has a firearms safety certificate.
Sec. 11.
Minnesota Statutes 2006, section 97A.475, subdivision 2, is amended to read:
Subd. 2.
Resident hunting.
Fees for the following licenses, to be issued to residents
only, are:
(1) for persons age 18 or over and under age 65 to take small game, $12.50;
(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;
(3) to take turkey, $18;
(4) for persons age 18 or over to take deer with firearms, $26;
(5) for persons age 18 or over to take deer by archery, $26;
(6) to take moose, for a party of not more than six persons, $310;
(7) to take bear, $38;
(8) to take elk, for a party of not more than two persons, $250;
(9) multizone license to take antlered deer in more than one zone, $52;
(10) to take Canada geese during a special season, $4;
(11) all season license to take deleted text begin twodeleted text end new text begin three new text end deer throughout the state in any open deer
season, except as restricted under section 97B.305, $78;
(12) to take prairie chickens, $20;
(13) for persons at least age 12 and under age 18 to take deer with firearms during
the regular firearms season in any open zone or time period, $13; and
(14) for persons at least age 12 and under age 18 to take deer by archery, $13.
Sec. 12.
Minnesota Statutes 2006, section 97A.505, subdivision 4, is amended to read:
Subd. 4.
Storage of protected wild animals.
A person that stores protected wild
animals for others must plainly mark the package, in ink, with the name and address of the
owner, the license number of the person taking the animal, and the number and species in
the package. deleted text begin A person may not use a commercial cold storage warehouse for protected
wild animals, except lawfully taken fish and furs.
deleted text end
Sec. 13.
Minnesota Statutes 2006, section 97A.511, is amended to read:
97A.511 FUR-BEARING ANIMALS.
The skins of fur-bearing animals and the flesh of beaver, muskrat, raccoon, rabbits
and hares, legally taken and bearing the required seals or tags required by the game and
fish laws, may be bought, sold, and transported at any time. deleted text begin The flesh of beaver, raccoon,
rabbits, and hare may not be transported out of the state.
deleted text end
Sec. 14.
Minnesota Statutes 2006, section 97B.015, is amended by adding a
subdivision to read:
new text begin Subd. 5a. new text end
new text begin Exemption for military personnel. new text end
new text begin
Notwithstanding subdivision 5,
a person who has successfully completed basic training in the United States Armed
Forces is exempt from the range and shooting exercise portion of the required course of
instruction for the firearms safety certificate. The commissioner may require written proof
of the person's military training, as deemed appropriate for implementing this subdivision.
The commissioner shall publicly announce this exemption from the range and shooting
exercise requirement and the availability of the department's online, remote study option
for adults seeking firearms safety certification. Military personnel are not exempt from
any other requirement of this section for obtaining a firearms safety certificate.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to applications for certificates made on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2006, section 97B.020, is amended to read:
97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
(a) Except as provided in this section and section 97A.451, subdivision 3a, a person
born after December 31, 1979, may not obtain an annual license to take wild animals by
firearms unless the person has:
(1) a firearms safety certificate or equivalent certificate;
(2) a driver's license or identification card with a valid firearms safety qualification
indicator issued under section 171.07, subdivision 13;
(3) a previous hunting license with a valid firearms safety qualification indicator; deleted text begin or
deleted text end
(4)new text begin an apprentice hunter certificate issued under section 97B.022; or
new text end
new text begin (5)new text end other evidence indicating that the person has completed in this state or in another
state a hunter safety course recognized by the department under a reciprocity agreement or
certified by the department as substantially similar.
(b) A person who is on active duty and has successfully completed basic training
in the United States armed forces, reserve component, or National Guard may obtain a
hunting license or approval authorizing hunting regardless of whether the person is issued
a firearms safety certificate.
(c) A person born after December 31, 1979, may not use a lifetime license to take
wild animals by firearms, unless the person meets the requirements for obtaining an annual
license under paragraph (a) or (b).
Sec. 16.
new text begin
[97B.022] APPRENTICE HUNTER VALIDATION.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purpose of this section, "accompanied" means
to stay within a distance of another person that permits uninterrupted visual contact and
unaided verbal communication.
new text end
new text begin Subd. 2. new text end
new text begin Apprentice hunter validation requirements. new text end
new text begin
A resident born after
December 31, 1979, who is age 12 or older and who does not possess a firearms safety
certificate may be issued an apprentice hunter validation. An apprentice hunter validation
is valid for only one license year in a lifetime. An individual in possession of an apprentice
hunter validation may hunt small game and deer only when accompanied by an adult
licensed to hunt in Minnesota whose license was not obtained using an apprentice hunter
validation. An apprentice hunter validation holder must obtain all required licenses and
stamps.
new text end
Sec. 17.
Minnesota Statutes 2006, section 97B.035, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Minimum draw weight. new text end
new text begin
A bow used to take big game must have a pull
that meets or exceeds 30 pounds at or before full draw.
new text end
Sec. 18.
Minnesota Statutes 2006, section 97B.075, is amended to read:
97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
(a) A person may not take protected wild animals, except raccoon and fox, with
a firearm between the evening and morning times established by commissioner's rule,
except as provided in this section.
(b) Big game may be taken from one-half hour before sunrise until one-half hour
after sunset.
(c) Except as otherwise prescribed by the commissionernew text begin on ornew text end before the Saturday
nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
during the entire season prescribed by the commissioner. On the opening day of the duck
season, shooting hours for migratory game birds, except woodcock, begin at 9:00 a.m.
Sec. 19.
Minnesota Statutes 2006, section 97B.085, subdivision 3, is amended to read:
Subd. 3.
Communication excepted.
This section does not prohibit the use ofnew text begin :
new text end
new text begin (1)new text end one-way radio communication between a handler and a dognew text begin ; or
new text end
new text begin (2) a remote-controlled animal noise caller for taking unprotected wild animalsnew text end .
Sec. 20.
Minnesota Statutes 2006, section 97B.301, subdivision 7, is amended to read:
Subd. 7.
All season deer license.
(a) A resident may obtain an all season deer
license that authorizes the resident to hunt during the archery, regular firearms, and
muzzle-loader seasons. The all season license is valid for taking three deer, no more
than one of which may be a legal buck.
(b) The all season deer license is valid for taking antlerless deer as deleted text begin follows:
deleted text end
deleted text begin
(1) up to two antlerless deer may be taken during the archery or muzzle-loader
seasons in any open area or during the regular firearms season in managed or intensive
deer areas; and
deleted text end
deleted text begin (2) one antlerless deer may be taken during the regular firearms season in a lottery
deer area, only with an either-sex permit or statutory exemption from an either-sex permitdeleted text end new text begin
prescribed by the commissionernew text end .
(c) The commissioner shall issue three tags when issuing a license under this
subdivision.
Sec. 21.
Minnesota Statutes 2006, section 97B.311, is amended to read:
97B.311 DEER SEASONS AND RESTRICTIONS.
(a) The commissioner may, by rule, prescribe restrictions and designate areas where
deer may be taken, including hunter selection criteria for special hunts established under
section 97A.401, subdivision 4. The commissioner may, by rule, prescribe the open
seasons for deer within the following periods:
(1) taking with firearms, other than muzzle-loading firearms, between November 1
and December 15;
(2) taking with muzzle-loading firearms between September 1 and December 31; and
(3) taking by archery between September 1 and December 31.
(b) Notwithstanding paragraph (a), the commissioner may establish special seasons
within designated areas at any time of year.
deleted text begin
(c) Smokeless gunpowder may not be used in a muzzle-loader during the
muzzle-loader season.
deleted text end
Sec. 22.
Minnesota Statutes 2006, section 97B.405, is amended to read:
97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
new text begin (a) new text end The commissioner may limit the number of persons that may hunt bear in an
area, if it is necessary to prevent an overharvest or improve the distribution of hunters.
new text begin (b)new text end The commissioner may establish, by rule, a method, including a drawing, to
impartially select the hunters for an area. The commissioner shall give preference to
hunters that have previously applied and have not been selected.
new text begin
(c) Until December 1, 2008, notwithstanding paragraph (b), the commissioner
may issue up to ten additional bear hunting permits for the promotion of scientific,
conservation, or educational purposes.
new text end
Sec. 23.
Minnesota Statutes 2006, section 97B.928, subdivision 1, is amended to read:
Subdivision 1.
Information required.
(a) A person may not set or place a trap or
snare, other than on property owned or occupied by the person, unless the following
information is affixed to the trap or snare in a manner that ensures that the information
remains legible while the trap or snare is on the lands or waters:
(1) the number and state of the person's driver's license;
(2) the person's Minnesota identification card number; deleted text begin or
deleted text end
(3) the person's name and mailing addressnew text begin ; or
new text end
new text begin (4) the license identification number issued by the Department of Natural Resourcesnew text end .
(b) The commissioner may not prescribe additional requirements for identification
of traps or snares.
new text begin
(c) Until March 1, 2013, the driver's license number under paragraph (a), clause (1),
may be the person's previously issued Minnesota driver's license number.
new text end
Sec. 24.
Minnesota Statutes 2006, section 97C.325, is amended to read:
97C.325 deleted text begin PROHIBITED METHODS OFdeleted text end new text begin RESTRICTIONS ONnew text end TAKING FISH.
(a) Except as specifically authorized, a person may not take fish with:
(1) explosives, chemicals, drugs, poisons, lime, medicated bait, fish berries, or
other similar substances;
(2) substances or devices that kill, stun, or affect the nervous system of fish;
(3) nets, traps, trot lines, or snares; or
(4) spring devices that impale, hook, or capture fish.
(b) If a person possesses a substance or device listed in paragraph (a) on waters,
shores, or islands, it is presumptive evidence that the person is in violation of this section.
(c) The commissioner may, by rule, allow the use of a nonmotorized device with a
recoil mechanism to take fish through the ice.
new text begin
(d) To protect water quality or improve habitat for fish or wildlife, the commissioner
may prescribe restrictions on fishing seasons, limits, or methods on specific bodies of
water.
new text end
Sec. 25.
Minnesota Statutes 2006, section 97C.355, subdivision 8, is amended to read:
Subd. 8.
Confiscation of unlawful structuresnew text begin ; civil penaltynew text end .
new text begin (a) new text end Structures on the
ice in violation of this section may be confiscated and disposed of, retained by the division,
or sold at the highest price obtainable, in a manner prescribed by the commissioner.
new text begin
(b) In addition to other penalties provided by law, the owner of a structure left on the
ice in violation of this section is subject to a civil penalty under section 115A.99.
new text end
Sec. 26.
Minnesota Statutes 2006, section 97C.395, subdivision 1, is amended to read:
Subdivision 1.
Dates for certain species.
(a) The open seasons to take fish by
angling are as follows:
(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and
smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend
to the last Sunday in February;
(2) for lake trout, from January 1 to October 31;
(3)new text begin for lake trout on lakes during the winter from the Saturday nearest January 1
to March 31;
new text end
new text begin (4)new text end for brown trout, brook trout, rainbow trout, and splake, between January 1 to
October 31 as prescribed by the commissioner by rule except as provided in section
97C.415, subdivision 2; and
deleted text begin (4)deleted text end new text begin (5)new text end for salmon, as prescribed by the commissioner by rule.
(b) The commissioner shall close the season in areas of the state where fish are
spawning and closing the season will protect the resource.
Sec. 27.
Minnesota Statutes 2006, section 97C.835, subdivision 1, is amended to read:
Subdivision 1.
Commercial fishing license for Lake Superior.
(a) A license to
fish commercially in Lake Superior shall be issued to a maximum of deleted text begin 50deleted text end new text begin 25new text end residents. To
qualify for licensing, a resident must have landed fish in the previous year with a value of
at least $1,500, and must have engaged in commercial fishing for at least 30 days of the
previous year. An applicant may be issued a license, at the discretion of the commissioner,
if failure to meet the requirements for the dollar value of fish landed or number of days
fished resulted from illness or other mitigating circumstances, or the applicant has reached
the age of 65 and has been licensed at least five of the previous ten years.
(b) A license may be issued to a resident who has not previously fished commercially
on Lake Superior and has not been convicted of a game and fish law violation in the
preceding three years, if the applicant:
(1) shows a bill of sale indicating the purchase of gear and facilities connected
with an existing license;
(2) shows proof of inheritance of all the gear and facilities connected with an
existing license; or
(3) has served at least two years as an apprentice in a Minnesota Lake Superior
licensed commercial fishing operation.
Sec. 28.
Minnesota Statutes 2006, section 97C.835, subdivision 3, is amended to read:
Subd. 3.
Pound nets and trap nets.
Pound or trap nets may be used to takenew text begin lake
whitefish,new text end round whitefish, pygmy whitefish, ciscoes, chubs, alewives, rainbow smelt, and
rough fish in Lake Superior, including St. Louis Baynew text begin east of the U.S. Highway 53 bridgenew text end ,
under the rules prescribed by the commissioner.
Sec. 29.
Minnesota Statutes 2006, section 97C.835, subdivision 8, is amended to read:
Subd. 8.
Special permits.
The commissioner may issue special permits to duly
licensed commercial fishing operators deleted text begin not exceeding 20 in number,deleted text end for the purpose
of takingnew text begin lakenew text end troutnew text begin , ciscoes,new text end and lake whitefish deleted text begin spawn during the closed season for the
propagation of troutdeleted text end in Lake Superior and adjacent waters under rules prescribed by the
commissioner.
Sec. 30.
new text begin
[97C.836] LAKE SUPERIOR LAKE TROUT EXPANDED
ASSESSMENT HARVEST.
new text end
new text begin
Until September 30, 2012, the commissioner shall provide for taking of lake trout by
licensed commercial operators in Lake Superior management zones MN-3 and MN-2 for
expanded assessment and sale. The commissioner shall authorize expanded assessment
taking and sale of lake trout in Lake Superior management zone MN-3 beginning in 2007
and zone MN-2 beginning in 2010. Total assessment taking and sale may not exceed
3,000 lake trout in zone MN-3 or 2,000 lake trout in zone MN-2 and may be reduced when
necessary to protect the lake trout population or to manage the effects of invasive species
or fish disease. Taking lake trout for expanded assessment and sale shall be allowed from
June 1 to September 30, but may end earlier in the respective zones if the quotas are
reached. The commissioner shall establish slot limits for fish taken under this section. The
quotas must be reassessed at the expiration of the current ten-year Fisheries Management
Plan for the Minnesota Waters of Lake Superior dated September, 2006.
new text end
Sec. 31. new text begin VERMILLION HIGHLANDS WILDLIFE MANAGEMENT AREA.
new text end
new text begin
(a) The following area is established and designated as the Vermillion Highlands
Wildlife Management Area, subject to the special permitted uses authorized in this section:
new text end
new text begin
The approximately 2,840 acres owned by the University of Minnesota lying within
the area legally described as approximately the southerly 3/4 of the Southwest 1/4 of
Section 1, the Southeast 1/4 of Section 2, the East 1/2 of Section 10, Section 11, the
West 1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range
19 West, Dakota County.
new text end
new text begin
(b) Notwithstanding Minnesota Statutes, section 86A.05, subdivision 8, paragraph
(c), permitted uses in the Vermillion Highlands Wildlife Management Area include:
new text end
new text begin
(1) education, outreach, and agriculture;
new text end
new text begin
(2) research by the University of Minnesota or other permitted researchers;
new text end
new text begin
(3) hunting, fishing, trapping, and other compatible wildlife-related recreation and
supporting management and improvements;
new text end
new text begin
(4) designated trails for hiking, horseback riding, biking, and cross-country skiing
and necessary trailhead support;
new text end
new text begin
(5) shooting sports facilities for firearms training, small and large caliber shooting,
archery, and skeet and trap shooting;
new text end
new text begin
(6) grant-in-aid snowmobile trails; and
new text end
new text begin
(7) leases for small-scale farms to market vegetable farming.
new text end
new text begin
(c) With the concurrence of representatives of the University of Minnesota and
Dakota County, the commissioner of natural resources may, by posting or rule, restrict the
permitted uses as follows:
new text end
new text begin
(1) temporarily close areas or trails, by posting at the access points, to facilitate
hunting. When temporarily closing trails under this clause, the commissioner shall avoid
closing all trail loops simultaneously whenever practical; or
new text end
new text begin
(2) limit other permitted uses to accommodate hunting and trapping after providing
advance public notice. Research conducted by the university may not be limited unless
mutually agreed by the commissioner and the University of Minnesota.
new text end
new text begin
(d) Notwithstanding Minnesota Statutes, sections 97A.061 and 477A.11, the state
of Minnesota shall not provide payments in lieu of taxes for the lands described in
paragraph (a).
new text end
Sec. 32. new text begin RULE AMENDMENTS.
new text end
new text begin
The commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend rules to conform
to sections 29 to 32. Minnesota Statutes, section 14.386, does not apply to the rulemaking
under this section except to the extent provided under Minnesota Statutes, section 14.388.
new text end
Sec. 33. new text begin ACCESS TO MINNESOTA OUTDOORS PLAN.
new text end
new text begin Subdivision 1. new text end
new text begin Walk-in access plan. new text end
new text begin
(a) The commissioner of natural resources
shall prepare a plan for walk-in public access under which the commissioner may
encourage owners and operators of privately held land to voluntarily make that land
available for walk-in access by the public for hunting and fishing under programs
administered by the commissioner.
new text end
new text begin
(b) As part of the plan, the commissioner shall explore entering into contracts with
the owners or lessees of land to establish voluntary walk-in public access for hunting,
fishing, or other wildlife-dependent recreational activities.
new text end
new text begin
(c) In the plan, the commissioner must describe:
new text end
new text begin
(1) the benefits that private land will provide the public, such as hunting, fishing,
bird watching, and related outdoor activities; and
new text end
new text begin
(2) the types of game, fish, and wildlife habitat improvements made to the land that
will enhance public uses.
new text end
new text begin
(d) The commissioner shall explore walk-in public access programs in other states
and recommend a walk-in program for public access to private lands for hunting, fishing,
and related recreational activities.
new text end
new text begin Subd. 2. new text end
new text begin Preemption. new text end
new text begin
Nothing in the plan may preempt trespass or liability laws.
new text end
new text begin Subd. 3. new text end
new text begin Report. new text end
new text begin
By January 15, 2008, the commissioner must present the
walk-in public access plan to the house of representatives and senate committees with
jurisdiction over natural resources policy and finance, with recommendations on program
implementation.
new text end
Sec. 34. new text begin CORMORANT DIETARY STUDY.
new text end
new text begin
The Department of Natural Resources shall conduct a dietary study of the cormorant
population on Lake of the Woods, in consultation with local units of governments
bordering Lake of the Woods. The cost of the study shall be paid by local units of
government associated with the study.
new text end
Sec. 35. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, sections 97A.475, subdivision 38; and 97C.365,
new text end
new text begin
are
repealed.
new text end
ARTICLE 4
STATE LANDS
Section 1.
Minnesota Statutes 2006, section 84.0272, subdivision 3, is amended to read:
Subd. 3.
Minimal value acquisition.
(a) Notwithstanding subdivision 1, if the
commissioner determines that lands or interests in land have a value less than deleted text begin $5,000deleted text end new text begin
$100,000new text end , the commissioner may acquire the lands for the value determined by the
commissioner without an appraisal. The commissioner shall make the determination based
upon available information including, but not limited to:
(1) the most recent assessed market value of the land or interests in land as
determined by the county assessor of the county in which the land or interests in land
is located;
(2) a sale price of the land or interests in land, provided the sale occurred within
the past year;
(3) the sale prices of comparable land or interests in land located in the vicinity
and sold within the past year; or
(4) an appraisal of the land or interests in land conducted within the past year.
(b) In the event the value is deleted text begin minimaldeleted text end new text begin less than $1,000new text end , the commissioner may add a
transaction incentive, provided that the sum of the incentive plus the value of the land
does not exceed $1,000.
Sec. 2.
Minnesota Statutes 2006, section 84.0274, subdivision 5, is amended to read:
Subd. 5.
Owner's rights.
When the state proposes to purchase in fee or any lesser
interest in land which will be administered by the commissioner of natural resources, the
landowner shall have the following rights:
(a) The right to be informed of the specific intended use of the property and of any
change in the intended use of the property which occurs during the acquisition process.
The owner shall also be informed that the documents regarding the purchase will be public
records if the land is purchased by the state;
(b) The right to be paid a fair price for the property. The price shall include the
fair market value of the land plus:
(1) All necessary incidental costs such as abstracting and recording fees related
to the sale. The costs of clearing title defects, paying taxes, and attorney's fees are not
reimbursable; and
(2) Any penalties incurred by the owner where the property is security for a loan
or advance of credit that contains a provision requiring or permitting the imposition of a
penalty if the loan or advance of credit is prepaid;
(c) The right to payment, at the owner's election, in a lump sum or in up to four
annual installments;
(d) The right to have the property fairly appraised by the state. The state's appraiser
shall physically inspect the property and deleted text begin shall allow the owner alongdeleted text end new text begin the owner shall be
allowed to accompany the appraisernew text end when the appraisal is made. The state's appraiser shall
certify in the appraisal report to having physically inspected the property and having
given the landowner an opportunity to deleted text begin go alongdeleted text end new text begin accompany the appraisernew text end on inspections.
new text begin Notwithstanding section 13.44, subdivision 3, before an offer is made, new text end the landowner
shall be deleted text begin given a resume of the state's certified appraisal. The resume shall include the
appraiser's conclusions as to value, acreage and type of land, value of buildings and
other improvements, value of timber, special damages and any special elements of valuedeleted text end new text begin
informed of the value determined pursuant to section 84.0272new text end ;
(e) The right to retain a qualified independent appraiser to conduct an appraisal at any
time prior to certification of the state's appraisal of the property and to be reimbursed for
appraisal fees as provided in section 117.232, subdivision 1, if the land is sold to the state
and to have that appraisal considered along with the state's in certifying the selling price;
(f) The right to have the state acquire the property by means of condemnation upon
the owner's request with the agreement of the commissioner;
(g) The right to receive or waive relocation assistance, services, payments and
benefits as provided in sections 117.52 and 117.521;
(h) The right to accept the state's offer for the property and contest the state's offer
for relocation and moving expenses;
(i) The right to continue occupancy of the property until full payment is received,
provided that when the owner elects to receive payment in annual installments pursuant to
clause (c), the owner may retain occupancy until the first payment is made; and
(j) The right to seek the advice of counsel regarding any aspect of the land
transaction.
Sec. 3.
Minnesota Statutes 2006, section 85.013, is amended by adding a subdivision
to read:
new text begin Subd. 11b. new text end
new text begin
Greenleaf Lake State Recreation Area, which is hereby renamed from
Greenleaf Lake State Park.
new text end
Sec. 4.
Minnesota Statutes 2006, section 89.55, is amended to read:
89.55 INFESTATION CONTROL, COSTS.
Upon the establishment of the zone of infestation, the commissioner may apply
measures of infestation control on public and private forest and other lands within deleted text begin suchdeleted text end new text begin
an infectednew text end zone and to any trees, timber, plants deleted text begin ordeleted text end new text begin ,new text end shrubs deleted text begin thereondeleted text end new text begin , or contaminated soilnew text end
harboring or which may harbor the forest pests. For this purpose, the duly authorized
representatives of the commissioner are authorized to enter upon any lands, public or
private within such zone. The commissioner may enter into agreements with owners of the
lands in the zone covering the control work on their lands, and fixing the pro rata basis on
which the cost of deleted text begin suchdeleted text end new text begin thenew text end work will be shared between the commissioner and said owner.
Sec. 5.
new text begin
[89.551] APPROVED FIREWOOD REQUIRED.
new text end
new text begin
(a) After the commissioner issues an order under paragraph (b), a person may not
possess firewood on land administered by the commissioner of natural resources unless
the firewood:
new text end
new text begin
(1) was obtained from a firewood distribution facility located on land administered
by the commissioner;
new text end
new text begin
(2) was obtained from a firewood dealer who is selling firewood that is approved by
the commissioner under paragraph (b); or
new text end
new text begin
(3) has been approved by the commissioner of natural resources under paragraph (b).
new text end
new text begin
(b) The commissioner of natural resources shall, by written order published
in the State Register, approve firewood for possession on lands administered by the
commissioner. The order is not subject to the rulemaking provisions of chapter 14 and
section 14.386 does not apply.
new text end
new text begin
(c) A violation under this section is subject to confiscation of firewood and after
May 1, 2008, a petty misdemeanor penalty.
new text end
new text begin
(d) For the purposes of this section, "firewood" means any wood that is intended for
use in a campfire, as defined in section 88.01, subdivision 25.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2006, section 93.55, subdivision 1, is amended to read:
Subdivision 1.
Forfeiture; failure to record.
If the owner of a mineral interest fails
to record the verified statement required by section 93.52, before January 1, 1975, as to
any interests owned on or before December 31, 1973, or within one year after acquiring
deleted text begin suchdeleted text end new text begin thenew text end interests as to interests acquired after December 31, 1973, deleted text begin and not previously
recorded under section 93.52,deleted text end the mineral interest shall forfeit to the state after notice and
opportunity for hearing as provided in this section. However, before completing the
procedures set forth in subdivision 2, the commissioner of natural resources may lease the
severed mineral interest as provided in subdivisions 1a and 3.
Sec. 7.
Laws 2006, chapter 236, article 1, section 21, is amended to read:
Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE SALE;
ITASCA COUNTY.
(a) For the purpose of a land exchange for use in connection with a proposed
steel mill in Itasca County referenced in Laws 1999, chapter 240, article 1, section 8,
subdivision 3, title examination and approval of the land described in paragraph (b)
shall be undertaken as a condition of exchange of the land for class B land, and shall be
governed by Minnesota Statutes, section 94.344, subdivisions 9 and 10, and the provisions
of this section. Notwithstanding the evidence of title requirements in Minnesota Statutes,
section 94.344, subdivisions 9 and 10, the county attorney shall examine one or more title
reports or title insurance commitments prepared or underwritten by a title insurer licensed
to conduct title insurance business in this state, regardless of whether abstracts were
created or updated in the preparation of the title reports or commitments. The opinion of
the county attorney, and approval by the attorney general, shall be based on those title
reports or commitments.
(b) The land subject to this section is located in Itasca County and is described as:
(1) Sections 3, 4, 7, 10, 14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township
56 North, Range 22 West;
(2) Sections 3, 4, 9, 10, 13, and 14, Township 56 North, Range 23 West;
(3) Section 30, Township 57 North, Range 22 West; and
(4) Sections 25, 26, 34, 35, and 36, Township 57 North, Range 23 West.
(c) Riparian land given in exchange by Itasca County for the purpose of the steel
mill referenced in paragraph (a), is exempt from the restrictions imposed by Minnesota
Statutes, section 94.342, subdivision 3.
(d) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell,
by private sale, any land received in exchange for the purpose of the steel mill referenced
in paragraph (a), under the remaining provisions of Minnesota Statutes, chapter 282. The
sale must be in a form approved by the attorney general.
new text begin
(e) Notwithstanding Minnesota Statutes, section 284.28, subdivision 8, or any other
law to the contrary, land acquired through an exchange under this section is exempt from
payment of three percent of the sales price required to be collected by the county auditor
at the time of sale for deposit in the state treasury.
new text end
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 8. new text begin ADDITIONS TO STATE PARKS.
new text end
new text begin Subdivision 1. new text end
new text begin [85.012] [Subd. 16.] Flandrau State Park, Brown County. new text end
new text begin
The
following area is added to Flandrau State Park, Brown County: that part of Lot 2, Block
One, Conklin Addition in the city of New Ulm, Brown County, Minnesota, according to the
plat of record in the Office of the County Recorder, Brown County, Minnesota, described
as follows: beginning at the southerly most corner of Lot 2, Block One, Conklin Addition
in the city of New Ulm, Brown County, Minnesota; thence North 55 degrees 29 minutes
26 seconds East (assumed bearing) along the southeasterly line of said Lot 2 a distance of
107.92 feet; thence South 60 degrees 45 minutes 57 seconds West a distance of 102.48 feet
to the westerly line of Lot 2; thence South 02 degrees 33 minutes 23 seconds East along
said westerly line of Lot 2 a distance of 11.10 feet to the point of beginning; containing
508 square feet, more or less, and subject to easements of record in said County and State.
new text end
new text begin Subd. 2. new text end
new text begin [85.012] [Subd. 59.] Whitewater State Park, Winona County. new text end
new text begin
The
following area is added to Whitewater State Park, Winona County: that part of the
Southeast Quarter of Section 18, Township 107 North, Range 10 West, Winona County,
Minnesota, described as follows: commencing at the southwest corner of the Northwest
Quarter of Section 17, Township 107 North, Range 10 West; thence on an assumed
bearing of South 89 degrees 26 minutes 39 seconds East along the south line of said
Northwest Quarter, 303.04 feet; thence continue South 89 degrees 26 minutes 39 seconds
East along said south line 1327.79 feet; thence South 00 degrees 33 minutes 21 seconds
West, 300.00 feet; thence North 89 degrees 26 minutes 39 seconds West parallel with said
south line, 1027.83 feet; thence South 00 degrees 33 minutes 21 seconds West, 300.00
feet; thence North 89 degrees 26 minutes 39 seconds West parallel with said south line,
597 feet, more or less, to the intersection with the east line of the Southeast Quarter of said
Section 18 being also the POINT OF BEGINNING; thence North 89 degrees 26 minutes
39 seconds West parallel with said south line, 330 feet, more or less, to the centerline of a
township road; thence North 16 degrees 01 minutes 55 seconds West along said centerline,
170.44 feet; thence northwesterly along said centerline on a tangential curve concave
southwesterly, having a central angle of 10 degrees 57 minutes 52 seconds, radius of
2426.00 feet, for an arc length of 464.25 feet to the north line of said Southeast Quarter of
Section 18; thence North 89 degrees 48 minutes 48 seconds East along the north line of
said Southeast Quarter, 547.06 feet to the southwest corner of said Northwest Quarter;
thence South 00 degrees East, a distance of 600 feet, more or less, along the said east line
to the POINT OF BEGINNING. Containing 5.78 acres, more or less.
new text end
Sec. 9. new text begin DELETIONS FROM STATE PARKS.
new text end
new text begin
[85.012] [Subd. 16.] Flandrau State Park, Brown County. The following area is
deleted from Flandrau State Park, Brown County: that part of Outlot 293 in the city of
New Ulm, according to the Plat of the City of New Ulm, of record in the Office of the
County Recorder, Brown County, Minnesota, described as follows: commencing at the
southerly most corner of Lot 2, Block One, Conklin Addition in the city of New Ulm,
Brown County, Minnesota; thence North 55 degrees 29 minutes 26 seconds East (assumed
bearing), along the southeasterly line of said Lot 2, a distance of 107.92 feet to the point of
beginning; thence continuing North 55 degrees 29 minutes 26 seconds East, along said
southerly line of Lot 2, a distance of 80.95 feet, to the easterly most corner of said Lot 2;
thence South 19 degrees 33 minutes 58 seconds East, along the southeasterly prolongation
of the easterly line of said Lot 2, a distance of 10.0 feet; thence South 62 degrees 31
minutes 07 seconds West, 78.97 feet to the point of beginning, containing 391 square feet,
more or less, and subject to easement of record in said county and state.
new text end
Sec. 10. new text begin GREENLEAF LAKE STATE RECREATION AREA.
new text end
new text begin Subdivision 1. new text end
new text begin
[85.013] [Subd. 11b.] Greenleaf Lake State Recreation Area.
new text end
new text begin
In addition to the lands designated under Laws 2003, First Special Session chapter 13,
section 6, as amended by Laws 2004, chapter 262, article 2, section 10, the following lands
are added to the Greenleaf Lake State Recreation Area:
new text end
new text begin
(1) the West 1104.98 feet of Government Lot 4, Section 21, Township 118 North, Range
30 West, Meeker County, Minnesota; and
new text end
new text begin
(2) that part of Government Lot 7 of Section 20, Township 118, Range 30, which lies
south of the following described line and its extensions: said line commencing at the
southwest corner of said Section 20; thence on an assumed bearing of North 08 degrees
22 minutes 44 seconds West, along the west line of said section, a distance of 1350.00
feet to the point of beginning of the line to be described; thence North 88 degrees 28
minutes 35 seconds East, a distance of 699 feet to the shoreline of Greenleaf Lake and
said line terminating thereat; and Government Lot 8 of said section except the following
described tract: said tract being that part of said Government Lot 8 lying east of the
following described line: said line commencing at the southwest corner of said section;
thence easterly, along the south line of said section, a distance of 734.60 feet to the point
of beginning of the line to be described; thence north at a right angle, a distance of 100
feet and said line terminating thereat.
new text end
new text begin Subd. 2. new text end
new text begin Management plan. new text end
new text begin
The commissioner of natural resources, in
consultation with local elected officials and citizens of Meeker County and other
interested stakeholders, shall develop a comprehensive management plan that provides for
opportunities for outdoor recreation, as defined under Minnesota Statutes, section 86A.03,
subdivision 3, in Greenleaf Lake State Recreation Area. The completed management plan
shall serve as the master plan for purposes of Minnesota Statutes, section 86A.09.
new text end
Sec. 11. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; AITKIN COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Aitkin County and is described as follows:
new text end
new text begin
(1) Government Lot 3, Section 24, Township 50 North, Range 25 West, containing
5.8 acres, more or less; and
new text end
new text begin
(2) Government Lot 4, Section 24, Township 50 North, Range 25 West, containing
0.9 acres, more or less.
new text end
new text begin
(d) The land borders the Willow River and is not contiguous to other state lands.
The Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
new text end
Sec. 12. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; AITKIN COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Aitkin County and is described as
follows: Government Lot 2, Section 8, Township 48 North, Range 25 West, containing
34.6 acres, more or less.
new text end
new text begin
(d) The land borders Gun Lake. The Department of Natural Resources has
determined that school trust management interests would best be served if the land was
sold.
new text end
Sec. 13. new text begin PUBLIC SALE OF CONSOLIDATED CONSERVATION LAND
BORDERING PUBLIC WATER; AITKIN COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, and the classification
provisions of Minnesota Statutes, chapters 84A and 282, Aitkin County may sell by
public sale the consolidated conservation land bordering public water that is described in
paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Aitkin County and is described as
follows: Government Lot 1, Section 7, Township 47 North, Range 26 West, containing
1.25 acres, more or less.
new text end
new text begin
(d) The land borders the Mississippi River and is not contiguous to other state lands.
The Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
new text end
Sec. 14. new text begin PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND;
AITKIN COUNTY.
new text end
new text begin
(a) Notwithstanding the classification and public sale provisions of Minnesota
Statutes, chapters 84A and 282, the commissioner of natural resources may sell by private
sale the consolidated conservation land that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy. The consideration for the conveyance must be for no less than the
appraised value of the land and timber and survey costs. Proceeds shall be disposed of
according to Minnesota Statutes, chapter 84A.
new text end
new text begin
(c) The land that may be sold is located in Aitkin County and is described as follows:
the North 370 feet of the East 590 feet of the Southeast Quarter of the Northeast Quarter,
Section 24, Township 48 North, Range 24 West, containing 5.0 acres, more or less.
new text end
new text begin
(d) The land will be sold "as is" to the current leaseholder who will assume
responsibility for any site cleanup needed due to the use of the land for a concrete plant by
the previous leaseholder. The Department of Natural Resources has determined that the
land is not needed for natural resource purposes.
new text end
Sec. 15. new text begin PUBLIC SALE OF CONSOLIDATED CONSERVATION LAND;
AITKIN COUNTY.
new text end
new text begin
(a) Notwithstanding the classification provisions of Minnesota Statutes, chapters
84A and 282, Aitkin County may sell by public sale the consolidated conservation land
that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Aitkin County and is described as follows:
the Northeast Quarter of the Northeast Quarter, Section 21, Township 47 North, Range 26
West, containing 40 acres, more or less.
new text end
new text begin
(d) The land is not contiguous to other state lands. The Department of Natural
Resources has determined that the land is not needed for natural resource purposes.
new text end
Sec. 16. new text begin CONVEYANCE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; BELTRAMI COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may convey to a governmental subdivision of the state
for no payment the surplus land bordering public water that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy. The conveyance must provide that the land described in paragraph
(c) be used for the public and reverts to the state if the governmental subdivision fails to
provide for public use or abandons the public use of the land.
new text end
new text begin
(c) The land that may be conveyed is located in Beltrami County and is described as
follows: that part of Government Lot 3, Section 4, Township 146 North, Range 34 West,
described as follows: starting from meander corner number 4, which is located on the
north section line of Section 4, Township 146 North, Range 34 West, 1518.0 feet in an
easterly direction from the northwest corner of said section; thence South 16 degrees 17
minutes East a distance of 131.6 feet; thence South 46 degrees 35 minutes East a distance
of 206.8 feet; thence South 6 degrees 37 minutes East a distance of 89.4 feet; thence South
14 degrees 32 minutes East a distance of 139.0 feet; thence South 10 degrees 34 minutes
West a distance of 221.5 feet; thence South 83 degrees 46 minutes West a distance of
178.5 feet to the starting point; thence South 47 degrees 15 minutes West a distance of
275.0 feet; thence South 38 degrees 53 minutes East a distance of 285.7 feet; thence North
61 degrees 27 minutes East a distance of 122.0 feet; thence North 73 degrees 47 minutes
East a distance of 300.0 feet; thence North 12 degrees 40 minutes West a distance of 37.6
feet; thence North 20 degrees 30 minutes West a distance of 113.5 feet; thence North 51
degrees 15 minutes West a distance of 320.7 feet; thence South 38 degrees 15 minutes
West a distance of 116.8 feet to the starting point, containing 3.5 acres, more or less.
new text end
new text begin
(d) The land borders Grant Lake and is not contiguous to other state lands. The land
was donated to the state for use as a public campground and is used by local residents
as a day-use park. The Department of Natural Resources has determined that the state's
land management interests would best be served if the land were conveyed to a local
unit of government.
new text end
Sec. 17. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; CASS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land bordering
public water that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The commissioner may sell the land to the Leech Lake Band of Ojibwe
for less than the value of the land as determined by the commissioner, but the conveyance
must provide that the land be used for the public and reverts to the state if the band fails
to provide for public use or abandons the public use of the land. The commissioner
may include conservation restrictions in the conveyance deed to ensure the property is
maintained as open space.
new text end
new text begin
(c) The land that may be sold is located in Cass County and is described as follows:
new text end
new text begin
(1) Government Lot 3, Section 14, Township 142 North, Range 29 West, containing
35.54 acres, more or less; and
new text end
new text begin
(2) Government Lot 6, Section 14, Township 142 North, Range 29 West, containing
2.06 acres, more or less.
new text end
new text begin
(d) The land is located on Bear Island in Leech Lake and is not contiguous to other
state lands. The Department of Natural Resources has determined that the land is not
needed for natural resource purposes.
new text end
Sec. 18. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; CASS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land bordering
public water that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Cass County and is described as follows:
that part of Government Lot 7, Section 28, Township 142 North, Range 26 West, described
as follows: commencing at the south quarter corner of said Section 28, from which the
southwest corner of said Section 28 bears, based on the Cass County Coordinate System of
NAD 1983, South 89 degrees 44 minutes 53 seconds West, 2775.06 feet; thence North 52
degrees 48 minutes 53 seconds West, 1326.13 feet to the southeast corner of that particular
tract of land conveyed to the state of Minnesota and filed for record on November 9, 1961,
in Book 121 of Deeds, Page 598, and to a railroad spike on the centerline of County
State-Aid Highway 4; thence North 52 degrees 12 minutes 27 seconds West, 221.06
feet along the southwesterly line of said particular tract of land conveyed to the state of
Minnesota and the centerline of County State-Aid Highway 4 to a spike; thence North
51 degrees 01 minutes 41 seconds West, 111.72 feet along the southwesterly line of said
particular tract of land conveyed to the state of Minnesota and the centerline of County
State-Aid Highway 4 to a mag nail and the point of beginning of the land to be described;
thence continuing North 51 degrees 01 minutes 41 seconds West, 41.42 feet along the
southwesterly line of said particular tract of land conveyed to the state of Minnesota and
the centerline of County State-Aid Highway 4 to a mag nail; thence North 13 degrees 19
minutes 36 seconds East, 144.63 feet to a 3/4" x 24" rebar with plastic cap stamped "MN
DNR LS 17005" (DNR MON); thence continuing North 13 degrees 19 minutes 36 seconds
East, 5 feet, more or less, to the water's edge of Little Sand Lake; thence southeasterly, a
distance of 50 feet, more or less, along said water's edge to a line which bears North 13
degrees 19 minutes 36 seconds East from the point of beginning; thence South 13 degrees
19 minutes 36 seconds West, 5 feet, more or less, to a DNR MON, thence continuing
South 13 degrees 19 minutes 36 seconds West, 129.22 feet to the point of beginning and
there terminating. Containing 0.12 acres, more or less, subject to existing road easements.
new text end
new text begin
(d) The land is located on Little Sand Lake. The sale will be to the adjoining
landowner in conjunction with an acquisition to resolve an unintentional trespass by the
state which occurred when the Department of Natural Resources constructed a water
access site.
new text end
Sec. 19. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; COOK COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Cook County and is described as follows:
the Northwest Quarter of the Northeast Quarter, Section 33, Township 63 North, Range
3 East, containing 40 acres, more or less.
new text end
new text begin
(d) The land borders Mons Creek and was acquired in a land exchange in 2003. The
Department of Natural Resources has determined that school trust management interests
would best be served if the land was sold.
new text end
Sec. 20. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; COOK COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Cook County and is described as follows:
new text end
new text begin
(1) Outlot A & Caribou Backlot, Cook County. Outlot A of White Sky, according to
the plat on file and of record in the Office of the Recorder for Cook County, Minnesota,
containing 0.74 acres, more or less; and
new text end
new text begin
(2) that part of Government Lot 4, Section 2, Township 60 North, Range 3 West,
lying northerly of Cook County Road 4, southerly of the plat of White Sky, and westerly
of Lot 1, Block 1 of White Sky First Addition, according to the plats on file and of record
in the Office of the Recorder for Cook County, containing 1.02 acres, more or less.
new text end
new text begin
(d) The land borders Caribou Lake. The Department of Natural Resources has
determined that school trust management interests would best be served if the lands were
sold.
new text end
Sec. 21. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; COOK COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Cook County and is described as follows:
that part of Government Lot 10, Section 35, Township 65 North, Range 1 West, more fully
described as follows: being the easterly 863.9 feet of Government Lot 10, EXCEPT the
southerly 40.3 feet thereof. The west and south boundary lines being perpendicular to
and parallel with the south boundary of Government Lot 10, respectively. Containing
3.3 acres, more or less.
new text end
new text begin
(d) The land borders West Bearskin Lake, was acquired in a land exchange in
2000, and is not contiguous to other state lands. The Department of Natural Resources
has determined that school trust management interests would best be served if the land
was sold.
new text end
Sec. 22. new text begin PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to a governmental subdivision the surplus
land that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The commissioner may sell the land to a governmental subdivision of
the state for less than the value of the land as determined by the commissioner, but the
conveyance must provide that the land described in paragraph (c) be used for the public
and reverts to the state if the governmental subdivision fails to provide for public use
or abandons the public use of the land. The commissioner may include conservation
restrictions in the conveyance deed to ensure the property is maintained as open space.
new text end
new text begin
(c) The land that may be sold is located in Hennepin County and is described
as follows:
new text end
new text begin
(1) the Northwest Quarter of Southwest Quarter, Section 36, Township 120 North,
Range 22 West, less road right-of-way, containing 39 acres, more or less;
new text end
new text begin
(2) the east six and two-thirds acres of the West Half of the Southeast Quarter
of the Southwest Quarter, Section 36, Township 120 North, Range 22 West, less road
right-of-way, containing 6.67 acres, more or less; and
new text end
new text begin
(3) the West Quarter of the East Half of the Southeast Quarter of the Southwest
Quarter, Section 36, Township 120 North, Range 22 West, less road right-of-way,
containing 4.87 acres, more or less.
new text end
new text begin
(d) The land was conveyed to the state for wild game reservation purposes. Due
to adjacent residential use and local zoning restrictions, the land is no longer available
for hunting purposes. The Department of Natural Resources has determined that the
state's land management interests would best be served if the lands were conveyed to a
local unit of government.
new text end
Sec. 23. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; HENNEPIN COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale to a governmental subdivision
the surplus land bordering public water that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The commissioner may sell the land to a governmental subdivision of
the state for less than the value of the land as determined by the commissioner, but the
conveyance must provide that the land described in paragraph (c) be used for the public
and reverts to the state if the governmental subdivision fails to provide for public use or
abandons the public use of the land.
new text end
new text begin
(c) The land that may be sold is located in Hennepin County and is described as
follows: all that part of the Northwest Quarter of the Southwest Quarter and Government
Lot 2, Section 25, Township 120 North, Range 22 West, lying north and westerly of the
following described line: beginning at a point on the west line of said section 830.19 feet
South of the west 1/4 corner thereof; thence North 36 degrees 55 minutes East, 109.88
feet; thence North 00 degrees 00 minutes, 1217.3 feet more or less to the water's edge of
Haydens Lake. Subject to existing road easements. Containing 1.9 acres, more or less.
new text end
new text begin
(d) The land was purchased by the state for a water access site but has never been
used as a water access site. The Department of Natural Resources has determined that
the state's land management interests would best be served if the land was conveyed to a
local unit of government.
new text end
Sec. 24. new text begin PUBLIC OR PRIVATE SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; KITTSON COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by public or private sale the surplus land
bordering public water that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make necessary changes to the legal description to correct errors and ensure
accuracy. The commissioner may sell the land to a governmental subdivision of the state
for less than the value of the land as determined by the commissioner, but the conveyance
must provide that the land be used for the public and reverts to the state if the governmental
subdivision fails to provide for public use or abandons the public use of the land.
new text end
new text begin
(c) The land that may be sold is located in Kittson County and is described as follows:
new text end
new text begin
(1) Parcel 1: Lot 7, Block 4, Park Addition to Bronson, lying in the Southwest
Quarter of the Southwest Quarter, Section 30, Township 161 North, Range 46 West,
containing 0.92 acres, more or less;
new text end
new text begin
(2) Parcel 2: that part of Lots 5 and 6, Block 4, Park Addition to Bronson, lying in
the Southwest Quarter of the Southwest Quarter, Section 30, Township 161 North, Range
46 West, more particularly described as follows: commencing at the midpoint of the west
line of said Lot 5, which point is 33 feet East of the west line of said Southwest Quarter of
the Southwest Quarter of Section 30; thence East and parallel to the south line of said Lot
5, a distance of 157 feet; thence South on a straight line at right angles to the immediately
preceding line of this description to the center of the south branch of Two Rivers; thence
northwesterly along the center line of said south branch of Two Rivers to its intersection
with a north and south line parallel to the west line of said Southwest Quarter of the
Southwest Quarter of Section 30, and distant 33 feet East therefrom, which line is also
the west line of said Block 4; thence North along said west line of said Block 4, to the
point of beginning, containing 0.39 acres, more or less;
new text end
new text begin
(3) Parcel 12: that part of Block 4, of the Park Addition to the village of Bronson,
Kittson County, Minnesota, which may be more particularly described as follows: Lot 6,
Block 4, with the exception of a tract consisting of the westerly 157 feet of said Lot 6,
deeded to the Olof Locken Post, No. 315, of the American Legion, containing 0.68 acres,
more or less; ALSO the following described portion of Lot 8 of said Block 4: commencing
at a point on the west line of said Lot 8, 140 feet North of the southwest corner of said Lot
8; thence North along said west line of Lot 8, a distance of 68 feet; thence East at right
angles to the said west line of Lot 8 to the east line of said Lot 8; thence South along the
east line of said Lot 8, a distance of 68 feet; thence West at right angles to said east line
of Lot 8 to the point of beginning, containing 0.05 acres, more or less; EXCEPTING
therefrom the following described tract of land: commencing at the northeast corner of
Block 4 in Park Addition to the village of Lake Bronson; thence South at right angles a
distance of 265 feet to the point of beginning; thence West at right angles a distance of 143
feet; thence South at right angles a distance of 111 feet to the center of the Two Rivers;
thence East at right angles a distance of 143 feet to the east line of Lot 8; thence North at
right angles a distance of 111 feet to the point of beginning, being a part of Lot 6 and Lot 8
of Block 4, containing altogether 0.75 acres, more or less; and
new text end
new text begin
(4) Parcel 13: that part of Lot 8, Block 4 of the Park Addition to the village of
Bronson, Kittson County, Minnesota, which may be more particularly described as
follows: the South 140 feet of said Lot 8, Block 4, containing 0.10 acres, more or less;
ALSO the following portion of said Lot 8: commencing at a point on the west line of said
Lot 8, 208 feet North of the southwest corner of said Lot 8; thence North along said west
line of Lot 8, a distance of 5.6 feet; thence East at right angles to said west line of Lot 8 to
the east line of said Lot 8, thence South along said east line of Lot 8, a distance of 5.8 feet;
thence West at right angles to said east line of Lot 8, to the point of beginning, containing
0.004 acres, more or less; containing altogether 0.104 acres, more or less.
new text end
new text begin
(d) The land borders South Branch Two Rivers and is not contiguous to other state
lands. The land was acquired for park purposes but was not included in a state park. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes.
new text end
Sec. 25. new text begin PRIVATE SALE OF SURPLUS STATE LAND; KITTSON COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is described in paragraph
(c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Kittson County and is described as
follows: a parcel of land in the Southwest Quarter of the Southeast Quarter of Section 30,
Township 161 North, Range 46 West, more particularly described as follows: beginning at
a point which is 33 feet North of the south line and 422 feet East of the west line of said
Southwest Quarter of the Southeast Quarter; thence East parallel to said south line, 726
feet; thence North parallel to said west line, 300 feet; thence West parallel to said south
line, 726 feet; thence South parallel to said west line, 300 feet to the point of beginning.
Containing 5.00 acres, more or less.
new text end
new text begin
(d) The sale may be to multiple parties, including the county for the county
highway right-of-way, the township for the township road, and adjoining landowners to
resolve unintentional agricultural trespasses. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes.
new text end
Sec. 26. new text begin PRIVATE SALE OF SURPLUS STATE LAND; LAKE COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is described in paragraph
(c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Lake County and is described as follows:
that part of the Northeast Quarter of the Southwest Quarter, Section 16, Township 57
North, Range 6 West, described as follows: commencing at the southeast corner of said
Northeast Quarter of the Southwest Quarter marked by a DNR survey marker (3/4 inch x
18 inch rebar with an orange cap marked MN DNR LS 16098); thence North 89 degrees
11 minutes 24 seconds West based on the Lake County Coordinate System North Shore
Zone, NAD83, 1986 adjustment, along the south line of said Northeast Quarter of the
Southwest Quarter, 439.78 feet to a DNR survey marker on the westerly right-of-way of
Trunk Highway 61 and the point of beginning; thence continuing North 89 degrees 11
minutes 24 seconds West along said south line 426.27 feet to a DNR survey marker;
thence North 00 degrees 48 minutes 36 seconds East 100.00 feet to a DNR survey marker;
thence South 89 degrees 11 minutes 24 seconds East 494.20 feet to a DNR survey marker
on said westerly right-of-way; thence South 34 degrees 59 minutes 57 seconds West along
said westerly right-of-way 120.89 feet, more or less, to the point of beginning. Containing
1.06 acres, more or less.
new text end
new text begin
(d) The sale would be to the adjoining landowner and resolve an unintentional
trespass that occurred when a garage was constructed on state-owned land. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes.
new text end
Sec. 27. new text begin PRIVATE SALE OF SURPLUS STATE LAND; LAKE COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is described in paragraph
(c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Lake County and is described as follows:
that part of the Northwest Quarter of the Southeast Quarter, Section 16, Township 57
North, Range 6 West, described as follows: commencing at the northwest corner of said
Northwest Quarter of the Southeast Quarter marked by a DNR survey marker (3/4 inch x
18 inch rebar with an orange cap marked MN DNR LS 16098); thence South 89 degrees
14 minutes 10 seconds East based on the Lake County Coordinate System North Shore
Zone, NAD83, 1986 adjustment, along the north line of said Northwest Quarter of the
Southeast Quarter, 191.15 feet to a DNR survey marker and the point of beginning; thence
continuing South 89 degrees 14 minutes 10 seconds East along said north line 264.92 feet
to a DNR survey marker on the westerly right-of-way of Trunk Highway 61; thence
South 34 degrees 59 minutes 57 seconds West along said westerly right-of-way 200.00
feet; thence North 41 degrees 54 minutes 07 seconds West 224.87 feet, more or less, to the
point of beginning. Containing 0.50 acres, more or less.
new text end
new text begin
(d) The sale would be to the adjoining landowner and resolve an unintentional
trespass that occurred when a garage and house were constructed on state-owned land.
The Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
new text end
Sec. 28. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; NICOLLET COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Nicollet County and is described as
follows:
new text end
new text begin
(1) that part of the Southwest Quarter and that part of the Southeast Quarter, Section
8, Township 109 North, Range 29 West, being described as a strip of land 300.0 feet in
width lying adjacent to and northerly of the following described centerline of proposed
channel change: commencing at the center of Section 8, Township 109 North, Range
20 West, from which the north quarter corner of said Section 8 bears North 0 degrees
00 minutes East, thence South 0 degrees 00 minutes East for 1280 feet on said quarter
line; thence South 90 degrees 00 minutes East for 54.9 feet to road station 40+40 on the
centerline of County State-Aid Highway 24 which is the true point of beginning for the
centerline of channel change; thence South 75 degrees 58 minutes East for a distance of
553.5 feet on centerline of channel change; thence South 75 degrees 58 minutes East for
a distance of 1540.0 feet and there terminating; and from the true point of beginning
North 77 degrees 58 minutes West for a distance of 770 feet and there terminating; SAID
LANDS ALSO DESCRIBED AS: a strip of land lying and being 300.0 feet each side of
the following described centerline of proposed channel change: beginning at a point
1280.0 feet South and 54.9 feet East of the center of Section 8, Township 109 North,
Range 29 West; thence easterly on a bearing of South 77 degrees 00 minutes East for a
distance of 553.5 feet; thence easterly on a bearing of South 75 degrees 00 minutes East
for a distance of 1540.0 feet and there terminating. This includes 3.005 acres in part of the
North Half of the Southeast Quarter of Section 8, Township 109 North, Range 29 West,
and 10.932 acres in part of Government Lot 2 of Section 8, Township 109 North, Range
29 West. Also from the point of beginning, westerly on a bearing of North 77 degrees
00 minutes West for a distance of 770.0 feet and there terminating. This includes 4.098
acres in part of the Southwest Quarter of Section 8, Township 109 North, Range 29 West.
Containing 3.01 acres, more or less; and
new text end
new text begin
(2) that part of the Southwest Quarter and that part of the Southeast Quarter, Section
8, Township 109 North, Range 29 West, Nicollet County, Minnesota, being described
as a strip of land 300.0 feet in width lying adjacent to and southerly of the following
described centerline of proposed channel change: commencing at the center of Section
8, Township 109 North, Range 20 West, from which the north quarter corner of said
Section 8 bears North 0 degrees 00 minutes East; thence South 0 degrees 00 minutes East
for 1280 feet on said quarter line; thence South 90 degrees 00 minutes East for 54.9
feet to road station 40+40 on the centerline of County State-Aid Highway 24 which is
the true point of beginning for the centerline of channel change; thence South 75 degrees
58 minutes East for a distance of 553.5 feet on centerline of channel change; thence
South 75 degrees 58 minutes East for a distance of 1540.0 feet and there terminating; and
from the true point of beginning North 77 degrees 58 minutes West for a distance of
770 feet and there terminating; SAID LANDS ALSO DESCRIBED AS: a strip of land
lying and being 300.0 feet each side of the following described centerline of proposed
channel change: beginning at a point 1280.0 feet South and 54.9 feet East of the center of
Section 8, Township 109 North, Range 29 West; thence easterly on a bearing of South
77 degrees 00 minutes East for a distance of 553.5 feet; thence easterly on a bearing of
South 75 degrees 00 minutes East for a distance of 1540.0 feet and there terminating.
This includes 3.005 acres in part of the North Half of the Southeast Quarter of Section
8, Township 109 North, Range 29 West, and 10.932 acres in part of Government Lot 2
of Section 8, Township 109 North, Range 29 West. Also, from the point of beginning,
westerly on a bearing of North 77 degrees 00 minutes West for a distance of 770.0 feet and
there terminating. This includes 4.098 acres in part of the Southwest Quarter of Section 8,
Township 109 North, Range 29 West. Containing 4.10 acres, more or less.
new text end
new text begin
(d) The land borders the Minnesota River. It was acquired when a new bridge was
installed across the river resulting in a realignment of the river channel. The Department of
Natural Resources has determined that the land is not needed for natural resource purposes.
new text end
Sec. 29. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; RED LAKE COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Red Lake County and is described
as follows:
new text end
new text begin
(1) Government Lot 10, Section 31, Township 152 North, Range 40 West, containing
20.17 acres, more or less; and
new text end
new text begin
(2) Government Lot 3, Section 34, Township 152 North, Range 40 West, containing
21.7 acres, more or less.
new text end
new text begin
(d) The land borders the Clearwater River and is not contiguous to other state lands.
The Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
new text end
Sec. 30. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in St. Louis County and is described as
follows: Government Lot 2, except the Northwest Quarter of Lot 2, Section 19, Township
58 North, Range 18 West, containing 30.84 acres, more or less.
new text end
new text begin
(d) The land borders an unnamed tributary to the West Two Rivers Reservoir. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes.
new text end
Sec. 31. new text begin PRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is described in paragraph
(c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in St. Louis County and is described as
follows: Government Lot 3, Section 18, Township 68 North, Range 19 West, containing
23.22 acres, more or less.
new text end
new text begin
(d) The sale will be to the University of Minnesota for the off axis NOvA detector
project. The Department of Natural Resources has determined that the land is not needed
for natural resource purposes.
new text end
Sec. 32. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; WASHINGTON COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land bordering
public water that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The commissioner may only sell the land to a governmental subdivision
of the state. The conveyance may be for less than the value of the land as determined by
the commissioner, but the conveyance must provide that the land be used for the public
and reverts to the state if the governmental subdivision fails to provide for public use or
abandons the public use of the land.
new text end
new text begin
(c) The land that may be sold is located in Washington County and is described as
follows, Parcels A and B containing altogether 31.55 acres, more or less:
new text end
new text begin
(1) Parcel A: all that part of the North Half of the Southeast Quarter, Section
30, Township 30 North, Range 20 West, bounded by the following described lines:
commencing at the east quarter corner of said Section 30; thence on an assumed bearing
of North 88 degrees 13 minutes 48 seconds West, 399.98 feet on and along the east-west
quarter line of said Section 30 to the point of beginning; thence North 88 degrees 13
minutes 48 seconds West, 504.57 feet on and along the said east-west quarter line; thence
South 17 degrees 54 minutes 26 seconds West, 1377.65 feet to a point on the south 1/16
line of said Section 30; thence South 88 degrees 10 minutes 45 seconds East, 504.44 feet
on and along the south 1/16 line of said Section 30; thence North 17 degrees 54 minutes
26 seconds East, 1378.11 feet to the point of beginning; and
new text end
new text begin
(2) Parcel B: all that part of the North Half of the Southeast Quarter, Section
30, Township 30 North, Range 20 West, bounded by the following described lines:
commencing at the east quarter corner of said Section 30; thence on an assumed bearing
of North 88 degrees 13 minutes 48 seconds West, 904.55 feet along the east-west quarter
line of said Section 30 to the point of beginning; thence South 17 degrees 54 minutes 26
seconds West, 1377.65 feet to a point on the south 1/16 line of said Section 30; thence
North 88 degrees 10 minutes 45 seconds West, 369.30 feet along said south 1/16 line;
thence North 42 degrees 24 minutes 47 seconds West, 248.00 feet; thence North 02
degrees 59 minutes 30 seconds East, 488.11 feet; thence North 47 degrees 41 minutes
19 seconds East, 944.68 feet to a point on the east-west quarter line of said Section 30;
thence South 88 degrees 13 minutes 48 seconds East, 236.03 feet along said east-west
quarter line to the point of beginning.
new text end
new text begin
(d) The land borders Long Lake and is not contiguous to other state lands. The
land was donated to the state with the understanding that the land would be used as a
wildlife sanctuary. The Department of Natural Resources has determined that the land is
not needed for natural resource purposes.
new text end
Sec. 33. new text begin TAX-FORFEITED LANDS LEASE; ITASCA COUNTY.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary,
the Itasca County auditor may lease tax-forfeited land to a proposed steel mill in Itasca
County for a period of 20 years, for use as a tailings basin and buffer area. A lease entered
under this section is renewable.
new text end
Sec. 34. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; CROW WING COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Crow Wing County
may sell by private sale, under Minnesota Statutes, section 282.01, subdivision 7a, the
tax-forfeited land bordering public water that is described in paragraph (c), under the
remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make changes to the land description to correct errors and ensure
accuracy. Prior to the sale, the commissioner of revenue shall grant a permanent
conservation easement according to Minnesota Statutes, section 282.37, to protect aquatic
habitat. The easement must be approved by the Crow Wing County Board and the
commissioner of natural resources.
new text end
new text begin
(c) The land to be sold is located in Crow Wing County and is described as:
Government Lot 1, Section 26, Township 138 North, Range 27 West, city of Fifty Lakes.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the land was returned to private ownership.
new text end
Sec. 35. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; CROW WING COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Crow Wing County may
sell to the city of Crosby the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Crow Wing County and is described as:
new text end
new text begin
Of a tract of land lying south of the herein described line and being out of and
part of the Southeast Quarter of the Northwest Quarter, Section 11, Township 46 North,
Range 29 West, except part to the city of Crosby, Crow Wing County, Minnesota, said line
described as follows: Commencing at the center of Section 11, thence South 88 degrees
59 minutes 19 seconds West, coincident with the south line of said Southeast Quarter of
the Northwest Quarter, 1291.01 feet to the southwest corner of said Southeast Quarter of
the Northwest Quarter; thence North 02 degrees 09 minutes 21 seconds East, coincident
with the west line of said Southeast Quarter of the Northwest Quarter, 531.93 feet to the
point of beginning of the line herein described; thence through and across said Southeast
Quarter of the Northwest Quarter of the following 21 courses and distances:
new text end
new text begin
(1) South 71 degrees 26 minutes 55 seconds East, 27.36 feet;
new text end
new text begin
(2) South 33 degrees 07 minutes 48 seconds East, 34.76 feet;
new text end
new text begin
(3) South 87 degrees 03 minutes 06 seconds East, 64.17 feet;
new text end
new text begin
(4) South 61 degrees 33 minutes 20 seconds East, 45.74 feet;
new text end
new text begin
(5) South 72 degrees 07 minutes 59 seconds East, 112.59 feet;
new text end
new text begin
(6) South 77 degrees 44 minutes 53 seconds East, 56.34 feet;
new text end
new text begin
(7) North 70 degrees 49 minutes 46 seconds East, 83.42 feet;
new text end
new text begin
(8) South 76 degrees 32 minutes 31 seconds East, 94.57 feet;
new text end
new text begin
(9) North 80 degrees 41 minutes 54 seconds East, 33.03 feet;
new text end
new text begin
(10) North 83 degrees 09 minutes 05 seconds East, 41.90 feet;
new text end
new text begin
(11) North 68 degrees 51 minutes 01 seconds East, 175.87 feet;
new text end
new text begin
(12) South 58 degrees 17 minutes 34 seconds East, 54.35 feet;
new text end
new text begin
(13) South 80 degrees 01 minutes 47 seconds East, 43.42 feet;
new text end
new text begin
(14) North 36 degrees 43 minutes 03 seconds East, 84.81 feet;
new text end
new text begin
(15) North 60 degrees 06 minutes 12 seconds East, 57.47 feet;
new text end
new text begin
(16) South 83 degrees 31 minutes 42 seconds East, 90.21 feet;
new text end
new text begin
(17) North 73 degrees 59 minutes 37 seconds East, 57.44 feet;
new text end
new text begin
(18) South 65 degrees 21 minutes 29 seconds East, 81.38 feet;
new text end
new text begin
(19) North 86 degrees 47 minutes 22 seconds East, 75.46 feet;
new text end
new text begin
(20) North 47 degrees 10 minutes 02 seconds East, 52.07 feet; and
new text end
new text begin
(21) North 63 degrees 13 minutes 46 seconds East, 48.20 feet
new text end
new text begin
to the point of termination from which the point of commencing bears South 01 degrees
27 minutes 31 seconds West, 572.34 feet.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the land was sold to the city of Crosby.
new text end
Sec. 36. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; LAKE COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Lake County may sell
by private sale the tax-forfeited land bordering public water that is described in paragraph
(c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general for a
consideration of $1 and relinquishment of a four-acre parcel of land that Lake County has
used for road relocation.
new text end
new text begin
(c) The land to be sold is located in Lake County and is described as: that part of
the Southeast Quarter of the Northwest Quarter, north of County State-Aid Highway 14,
Section 20, Township 55 North, Range 11 West.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the land was returned to private ownership.
new text end
Sec. 37. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; DAKOTA COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 103F.535, and 282.018,
subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282,
Dakota County may sell or convey to the township of Ravenna for no consideration the
tax-forfeited land bordering public water that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general and provide
that the land reverts to the state if the township of Ravenna stops using the land for the
public purpose described in paragraph (d). The conveyance is subject to restrictions
imposed by the commissioner of natural resources. The attorney general may make
changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be conveyed is located in Dakota County and is described as:
Unplatted, Section 21, Township 114, Range 16, Southeast Quarter of the Southwest
Quarter, less various tracts, except West 870 feet of South 729.29 feet, except part of
North 594 feet lying west of Ravenna Trail, except South 480 feet lying east of West 870
feet, except beginning at the northwest corner of the Southeast Quarter of the Southwest
Quarter East 22R South 20R southwest to point on west line 22R South of beginning North
22R to beginning, except parcels 33-02100-030-53, 33-02100-040-53, 33-02100-050-53,
33-02100-060-53, and 33-02100-080-53. (Dakota County tax identification number
33-02100-018-54).
new text end
new text begin
(d) The county has determined that the land is needed by the township of Ravenna
for drainage and access to culverts.
new text end
Sec. 38. new text begin CLAIR A. NELSON MEMORIAL FOREST, LAKE COUNTY;
TEMPORARY SUSPENSION OF APPORTIONMENT OF PROCEEDS FROM
TAX-FORFEITED LANDS.
new text end
new text begin
(a) Upon approval of an affected political subdivision within Lake County, the
Lake County Board may suspend the apportionment of the balance of net proceeds from
tax-forfeited lands within the affected political subdivision under Minnesota Statutes,
section 282.08, clause (4), item (iii), and retain the net proceeds. The authority under this
paragraph is available until Lake County suspends the apportionment of net proceeds
subject to item (iii), in the amount of $2,200,000, plus any interest costs incurred by the
county to purchase land described in this section. The money received by Lake County is
to reimburse the county for the purchase in 2006 of 6,085 acres of forest land named the
Clair A. Nelson Memorial Forest.
new text end
new text begin
(b) Any revenue derived from acquired land that was reimbursed under paragraph
(a) is subject to apportionment as provided in Minnesota Statutes, section 282.08.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from January 1, 2006.
new text end
Sec. 39. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, section 85.012, subdivision 24b,
new text end
new text begin
is repealed.
new text end
Sec. 40. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 40 are effective the day following final enactment.
new text end
ARTICLE 5
WETLANDS CONSERVATION
Section 1.
Minnesota Statutes 2006, section 15.99, subdivision 3, is amended to read:
Subd. 3.
Application; extensions.
(a) The time limit in subdivision 2 begins upon
the agency's receipt of a written request containing all information required by law or by
a previously adopted rule, ordinance, or policy of the agency, including the applicable
application fee. If an agency receives a written request that does not contain all required
information, the 60-day limit starts over only if the agency sends written notice within 15
business days of receipt of the request telling the requester what information is missing.
(b) If a request relating to zoning, septic systems, watershed district review, soil and
water conservation district review, or expansion of the metropolitan urban service area
requires the approval of more than one state agency in the executive branch, the 60-day
period in subdivision 2 begins to run for all executive branch agencies on the day a request
containing all required information is received by one state agency. The agency receiving
the request must forward copies to other state agencies whose approval is required.
(c) An agency responsenew text begin , including an approval with conditions,new text end meets the 60-day
time limit if the agency can document that the response was sent within 60 days of receipt
of the written request. new text begin Failure to satisfy the conditions, if any, may be a basis to revoke
or rescind the approval by the agency and will not give rise to a claim that the 60-day
time limit was not met.
new text end
(d) The time limit in subdivision 2 is extended if a state statute, federal law, or court
order requires a process to occur before the agency acts on the request, and the time
periods prescribed in the state statute, federal law, or court order make it impossible to
act on the request within 60 days. In cases described in this paragraph, the deadline is
extended to 60 days after completion of the last process required in the applicable statute,
law, or order. Final approval of an agency receiving a request is not considered a process
for purposes of this paragraph.
(e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state
agency requires prior approval of a federal agency; or (2) an application submitted to
a city, county, town, school district, metropolitan or regional entity, or other political
subdivision requires prior approval of a state or federal agency. In cases described in
this paragraph, the deadline for agency action is extended to 60 days after the required
prior approval is granted.
(f) An agency may extend the time limit in subdivision 2 before the end of the
initial 60-day period by providing written notice of the extension to the applicant. The
notification must state the reasons for the extension and its anticipated length, which may
not exceed 60 days unless approved by the applicant.
(g) An applicant may by written notice to the agency request an extension of the
time limit under this section.
Sec. 2.
Minnesota Statutes 2006, section 103G.222, subdivision 3, is amended to read:
Subd. 3.
Wetland replacement siting.
(a) Siting wetland replacement must follow
this priority order:
(1) on site or in the same minor watershed as the affected wetland;
(2) in the same watershed as the affected wetland;
(3) in the same county as the affected wetland;
(4) new text begin for replacement by wetland banking, in the same wetland bank service area as
the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in
a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a
less than 50 percent area;
new text end
new text begin (5) for project specific replacement, new text end in an adjacent watershed deleted text begin or countydeleted text end to the
affected wetlandnew text begin , or for replacement by wetland banking, in an adjacent wetland bank
service area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to
80 percent area and impacts in a less than 50 percent area must be replaced in a less
than 50 percent areanew text end ; and
deleted text begin (5)deleted text end new text begin (6)new text end statewidedeleted text begin , only for wetlands affected in greater than 80 percent areas anddeleted text end for
public transportation projects, except that wetlands affected in less than 50 percent areas
must be replaced in less than 50 percent areas, and wetlands affected in the seven-county
metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or,
(ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds
that are wholly or partially within the seven-county metropolitan area, but at least one to
one must be replaced within the seven-county metropolitan area.
(b) new text begin Notwithstanding paragraph (a), siting wetland replacement in greater than 80
percent areas may follow the priority order under this paragraph: (1) by wetland banking
after evaluating on-site replacement and replacement within the watershed; (2) replaced
in an adjacent wetland bank service area if wetland bank credits are not reasonably
available in the same wetland bank service area as the affected wetland, as determined
by the local government unit or by a comprehensive inventory approved by the board;
and (3) statewide.
new text end
new text begin
(c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county
metropolitan area must follow the priority order under this paragraph: (1) in the affected
county; (2) in another of the seven metropolitan counties; or (3) in one of the major
watersheds that are wholly or partially within the seven-county metropolitan area, but at
least one to one must be replaced within the seven-county metropolitan area.
new text end
new text begin (d) new text end The exception in paragraph (a), clause deleted text begin (5)deleted text end new text begin (6)new text end , does not apply to replacement
completed using wetland banking credits established by a person who submitted a
complete wetland banking application to a local government unit by April 1, 1996.
deleted text begin (c)deleted text end new text begin (e)new text end When reasonable, practicable, and environmentally beneficial replacement
opportunities are not available in siting priorities listed in paragraph (a), the applicant
may seek opportunities at the next level.
deleted text begin (d)deleted text end new text begin (f)new text end For the purposes of this section, "reasonable, practicable, and environmentally
beneficial replacement opportunities" are defined as opportunities that:
(1) take advantage of naturally occurring hydrogeomorphological conditions and
require minimal landscape alteration;
(2) have a high likelihood of becoming a functional wetland that will continue
in perpetuity;
(3) do not adversely affect other habitat types or ecological communities that are
important in maintaining the overall biological diversity of the area; and
(4) are available and capable of being done after taking into consideration cost,
existing technology, and logistics consistent with overall project purposes.
deleted text begin (e)deleted text end new text begin (g)new text end Regulatory agencies, local government units, and other entities involved in
wetland restoration shall collaborate to identify potential replacement opportunities within
their jurisdictional areas.
Sec. 3.
Minnesota Statutes 2006, section 103G.2241, subdivision 3, is amended to read:
Subd. 3.
Federal approvals.
A replacement plan for wetlands is not required fordeleted text begin :
deleted text end
deleted text begin
(1) activities exempted from federal regulation under United States Code, title 33,
section 1344(f), as in effect on January 1, 1991;
deleted text end
deleted text begin
(2) activities authorized under, and conducted in accordance with, an applicable
general permit issued by the United States Army Corps of Engineers under section 404
of the federal Clean Water Act, United States Code, title 33, section 1344, except the
nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a),
clauses (14), limited to when a new road crosses a wetland, and (26), as in effect on
January 1, 1991; or
deleted text end
deleted text begin (3)deleted text end activities authorized under the federal Clean Water Act, section 404, or the
Rivers and Harbors Act, section 10, regulations that meet minimum state standards
under this chapter and sections 103A.202 and 103B.3355 and that have been approved
by the Board of Water and Soil Resources, the commissioners of natural resources and
agriculture, and the Pollution Control Agency.
Sec. 4.
Minnesota Statutes 2006, section 103G.2241, subdivision 4, is amended to read:
Subd. 4.
Wetland restoration.
A replacement plan for wetlands is not required fornew text begin :
new text end
new text begin (1)new text end activities in a wetland restored new text begin or created new text end for conservation purposes under a
contract or easement providing the landowner with the right to drain the restored new text begin or
created new text end wetlandnew text begin ; or
new text end
new text begin (2) activities in a wetland restored or created by a landowner without any assistance
or financing from public agencies or private entities other than the landowner and the
wetland has not been used for wetland replacement or deposited in the state wetland banknew text end .
Sec. 5.
Minnesota Statutes 2006, section 103G.2241, subdivision 6, is amended to read:
Subd. 6.
Utilities; public works.
new text begin (a) new text end A replacement plan for wetlands is not
required for:
deleted text begin
(1) placement, maintenance, repair, enhancement, or replacement of utility or
utility-type service if:
deleted text end
deleted text begin
(i) the impacts of the proposed project on the hydrologic and biological
characteristics of the wetland have been avoided and minimized to the extent possible; and
deleted text end
deleted text begin
(ii) the proposed project significantly modifies or alters less than one-half acre of
wetlands;
deleted text end
deleted text begin
(2) activities associated with routine maintenance of utility and pipeline
rights-of-way, provided the activities do not result in additional intrusion into the wetland;
deleted text end
deleted text begin
(3) alteration of a wetland associated with the operation, maintenance, or repair of
an interstate pipeline within all existing or acquired interstate pipeline rights-of-way;
deleted text end
deleted text begin
(4) emergency repair and normal maintenance and repair of existing public works,
provided the activity does not result in additional intrusion of the public works into the
wetland and does not result in the draining or filling, wholly or partially, of a wetland;
deleted text end
deleted text begin
(5) normal maintenance and minor repair of structures causing no additional
intrusion of an existing structure into the wetland, and maintenance and repair of private
crossings that do not result in the draining or filling, wholly or partially, of a wetland; or
deleted text end
deleted text begin
(6) repair and updating of existing individual sewage treatment systems as necessary
to comply with local, state, and federal regulations.
deleted text end
new text begin
(1) new placement or maintenance, repair, enhancement, or replacement of existing
utility or utility-type service, including pipelines, if:
new text end
new text begin
(i) the direct and indirect impacts of the proposed project have been avoided and
minimized to the extent possible; and
new text end
new text begin
(ii) the proposed project significantly modifies or alters less than one-half acre of
wetlands;
new text end
new text begin
(2) activities associated with operation, routine maintenance, or emergency repair of
existing utilities and public work structures, including pipelines, provided the activities
do not result in additional wetland intrusion or additional draining or filling of a wetland
either wholly or partially; or
new text end
new text begin
(3) repair and updating of existing individual sewage treatment systems necessary to
comply with local, state, and federal regulations.
new text end
new text begin
(b) For maintenance, repair, and replacement, the local government unit may issue
a seasonal or annual exemption certification or the utility may proceed without local
government unit certification if the utility is carrying out the work according to approved
best management practices. Work of an emergency nature may proceed as necessary
and any drain or fill activities shall be addressed with the local government unit after
the emergency work has been completed.
new text end
Sec. 6.
Minnesota Statutes 2006, section 103G.2241, subdivision 11, is amended to
read:
Subd. 11.
Exemption conditions.
(a) A person conducting an activity in a wetland
under an exemption in subdivisions 1 to 10 shall ensure that:
(1) appropriate erosion control measures are taken to prevent sedimentation of
the water;
(2) the activity does not block fish passage in a watercourse; and
(3) the activity is conducted in compliance with all other applicable federal,
state, and local requirements, including best management practices and water resource
protection requirements established under chapter 103H.
(b) An activity is exempt if it qualifies for any one of the exemptions, even though it
may be indicated as not exempt under another exemption.
(c) Persons proposing to conduct an exempt activity are encouraged to contact the
local government unit or the local government unit's designee for advice on minimizing
wetland impacts.
new text begin
(d) The board shall develop rules that provide for estimates and reporting of exempt
wetland impacts, including those in subdivisions 2, 6, and 9.
new text end
Sec. 7.
Minnesota Statutes 2006, section 103G.2242, subdivision 2, is amended to read:
Subd. 2.
Evaluation.
(a) Questions concerning the public value, location, size,
or type of a wetland shall be submitted to and determined by a Technical Evaluation
Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of
a technical professional employee of the board, a technical professional employee of
the local soil and water conservation district or districts, a technical professional with
expertise in water resources management appointed by the local government unit, and
a technical professional employee of the Department of Natural Resources for projects
affecting public waters or wetlands adjacent to public waters. The panel shall use the
"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987),
including updates, supplementary guidance, and replacements, if any, "Wetlands of
the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition),
and "Classification of Wetlands and Deepwater Habitats of the United States" (1979
edition). The panel shall provide the wetland determination and recommendations on
other technical matters to the local government unit that must approve a replacement
plan, wetland banking plan, exemption determination, no-loss determination, or wetland
boundary or type determination and may recommend approval or denial of the plan. The
authority must consider and include the decision of the Technical Evaluation Panel in their
approval or denial of a plan or determination.
(b) Persons conducting wetland or public waters boundary delineations or type
determinations are exempt from the requirements of chapter 326. deleted text begin By January 15, 2001,
the board, in consultation with the Minnesota Association of Professional Soil Scientists,
the University of Minnesota, and the Wetland Delineators' Association, shall submit a plan
for a professional wetland delineator certification program to the legislature.deleted text end new text begin The board
may develop a professional wetland delineator certification program.
new text end
Sec. 8.
Minnesota Statutes 2006, section 103G.2242, subdivision 2a, is amended to
read:
Subd. 2a.
Wetland boundary or type determination.
(a) A landowner may apply
for a wetland boundary or type determination from the local government unit. The
landowner applying for the determination is responsible for submitting proof necessary
to make the determination, including, but not limited to, wetland delineation field data,
observation well data, topographic mapping, survey mapping, and information regarding
soils, vegetation, hydrology, and groundwater both within and outside of the proposed
wetland boundary.
(b) A local government unit that receives an application under paragraph (a) may
seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, if
necessary, expand the Technical Evaluation Panel. The local government unit may delegate
the decision authority for wetland boundary or type determinations deleted text begin with the zoning
administratordeleted text end new text begin to designated staffnew text end , or establish other procedures it considers appropriate.
(c) The local government unit decision must be made in compliance with section
15.99. Within ten calendar days of the decision, the local government unit decision must
be mailed to the landowner, members of the Technical Evaluation Panel, the watershed
district or watershed management organization, if one exists, and individual members of
the public who request a copy.
(d) new text begin Appeals of decisions made by designated local government staff must be made
to the local government unit. Notwithstanding any law to the contrary, a ruling on an
appeal must be made by the local government unit within 30 days from the date of the
filing of the appeal.
new text end
new text begin (e) new text end The local government unit decision is valid for three years unless the Technical
Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation,
or soils of the area have been sufficient to alter the wetland boundary or type.
Sec. 9.
Minnesota Statutes 2006, section 103G.2242, subdivision 9, is amended to read:
Subd. 9.
Appeal.
(a) Appeal of a replacement plan, exemption, wetland banking,
wetland boundary or type determination, deleted text begin ordeleted text end no-loss decisionnew text begin , or restoration ordernew text end may
be obtained by mailing a petition and payment of a filing fee deleted text begin of $200deleted text end , which shall be
retained by the board to defray administrative costs, to the board within 30 days after the
postmarked date of the mailing specified in subdivision 7. If appeal is not sought within
30 days, the decision becomes final. deleted text begin The local government unit may require the petitioner
to post a letter of credit, cashier's check, or cash in an amount not to exceed $500.deleted text end If the
petition for hearing is accepted, the amount posted must be returned to the petitioner.
Appeal may be made by:
(1) the wetland owner;
(2) any of those to whom notice is required to be mailed under subdivision 7; or
(3) 100 residents of the county in which a majority of the wetland is located.
(b) Within 30 days after receiving a petition, the board shall decide whether to
grant the petition and hear the appeal. The board shall grant the petition unless the board
finds that:
(1) the appeal is meritless, trivial, or brought solely for the purposes of delay;
(2) the petitioner has not exhausted all local administrative remedies;
(3) expanded technical review is needed;
(4) the local government unit's record is not adequate; or
(5) the petitioner has not posted a letter of credit, cashier's check, or cash if required
by the local government unit.
(c) In determining whether to grant the appeal, the board shall also consider the
size of the wetland, other factors in controversy, any patterns of similar acts by the local
government unit or petitioner, and the consequences of the delay resulting from the appeal.
(d) All appeals must be heard by the committee for dispute resolution of the board,
and a decision made within 60 days of filing the local government unit's record and the
written briefs submitted for the appeal. The decision must be served by mail on the parties
to the appeal, and is not subject to the provisions of chapter 14. A decision whether to
grant a petition for appeal and a decision on the merits of an appeal must be considered the
decision of an agency in a contested case for purposes of judicial review under sections
14.63 to 14.69.
new text begin
(e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to
defray the administrative costs of appeals made to the board under this subdivision. Fees
established under this authority shall not exceed $1,000. Establishment of the fee is not
subject to the rulemaking process of chapter 14 and section 14.386 does not apply.
new text end
Sec. 10.
Minnesota Statutes 2006, section 103G.2242, subdivision 12, is amended to
read:
Subd. 12.
Replacement credits.
(a) No public or private wetland restoration,
enhancement, or construction may be allowed for replacement unless specifically
designated for replacement and paid for by the individual or organization performing the
wetland restoration, enhancement, or construction, and is completed prior to any draining
or filling of the wetland.
(b) Paragraph (a) does not apply to a wetland whose owner has paid back with
interest the individual or organization restoring, enhancing, or constructing the wetland.
(c) Notwithstanding section 103G.222, subdivision 1, paragraph deleted text begin (h)deleted text end new text begin (i)new text end , the
following actions, and others established in rule, that are consistent with criteria in rules
adopted by the board in conjunction with the commissioners of natural resources and
agriculture, are eligible for replacement credit as determined by the local government unit,
including enrollment in a statewide wetlands bank:
(1) reestablishment of permanent native, noninvasive vegetative cover on a wetland
on agricultural land that was planted with annually seeded crops, was in a crop rotation
seeding of pasture grasses or legumes, or was in a land retirement program during the
past ten years;
(2) buffer areas of permanent native, noninvasive vegetative cover established or
preserved on upland adjacent to replacement wetlands;
(3) wetlands restored for conservation purposes under terminated easements or
contracts; and
(4) water quality treatment ponds deleted text begin constructed to pretreat storm water runoff prior
to discharge to wetlands, public waters, or other water bodies, provided that the water
quality treatment ponds must be associated with an ongoing or proposed project that
will impact a wetland and replacement credit for the treatment ponds is based on the
replacement of wetland functions and on an approved stormwater management plan for
the local governmentdeleted text end new text begin that include pretreatment of runoff and function as a wetlandnew text end .
(d) Notwithstanding section 103G.222, subdivision 1, paragraphs deleted text begin (e)deleted text end new text begin (f)new text end and deleted text begin (f)deleted text end new text begin (g)new text end ,
the board may establish by rule different replacement ratios for restoration projects with
exceptional natural resource value.
Sec. 11.
Minnesota Statutes 2006, section 103G.2242, subdivision 15, is amended to
read:
Subd. 15.
Fees paid to board.
new text begin (a) new text end All fees established in subdivision 14 must be
paid to the Board of Water and Soil Resources and credited to the general fund to be used
for the purpose of administration of the wetland bank.
new text begin
(b) All fees established in subdivision 9 must be paid to the Board of Water and Soil
Resources and credited to the special revenue fund. Money received from fees paid under
this paragraph is annually appropriated to the board to process appeals under subdivision 9.
new text end
Sec. 12.
Minnesota Statutes 2006, section 103G.2243, subdivision 2, is amended to
read:
Subd. 2.
Plan contents.
A comprehensive wetland protection and management
plan may:
(1) provide for classification of wetlands in the plan area based on:
(i) an inventory of wetlands in the plan area;
(ii) an assessment of the wetland functions listed in section 103B.3355, using a
methodology chosen by the Technical Evaluation Panel from one of the methodologies
established or approved by the board under that section; and
(iii) the resulting public values;
(2) vary application of the sequencing standards in section 103G.222, subdivision 1,
paragraph (b), for projects based on the classification and criteria set forth in the plan;
(3) vary the replacement standards of section 103G.222, subdivision 1, paragraphs
deleted text begin (e)deleted text end new text begin (f)new text end and deleted text begin (f)deleted text end new text begin (g)new text end , based on the classification and criteria set forth in the plan, for specific
wetland impacts provided there is no net loss of public values within the area subject to
the plan, and so long as:
(i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced
wetland for each acre of drained or filled wetland requiring replacement is met within
the area subject to the plan; and
(ii) in a less than 50 percent area, a minimum acreage requirement of two acres of
replaced wetland for each acre of drained or filled wetland requiring replacement is met
within the area subject to the plan, except that replacement for the amount above a 1:1
ratio can be accomplished as described in section 103G.2242, subdivision 12; new text begin and
new text end
(4) in a greater than 80 percent area, allow replacement credit, based on the
classification and criteria set forth in the plan, for any project that increases the public
value of wetlands, including activities on adjacent upland acresdeleted text begin ; and
deleted text end
deleted text begin (5) in a greater than 80 percent area, based on the classification and criteria set forth
in the plan, expand the application of the exemptions in section 103G.2241, subdivision
1, paragraph (a), clause (4), to also include nonagricultural land, provided there is no
net loss of wetland valuesdeleted text end .
Sec. 13. new text begin RULEMAKING.
new text end
new text begin
Within 90 days of the effective date of this section, the Board of Water and Soil
Resources shall adopt rules that amend Minnesota Rules, chapter 8420, to incorporate
into the rules changes enacted in Minnesota Statutes, and the wetland replacement and
banking provisions in Minnesota Rules, parts 8420.0500 to 8420.0760. These rules are
exempt from the rulemaking provisions of Minnesota Statutes, chapter 14, except that
Minnesota Statutes, section 14.386, applies and the proposed rules must be submitted
to the legislative committees with jurisdiction over environment and natural resources
at least 30 days prior to being published in the State Register. The amended rules are
effective for two years from the date of publication in the State Register unless they are
superceded by permanent rules.
new text end
Sec. 14. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, section 103G.2241, subdivision 8,
new text end
new text begin
is repealed.
new text end
Sec. 15. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 14 are effective the day following final enactment.
new text end
ARTICLE 6
ENVIRONMENTAL POLICY
Section 1.
new text begin
[16B.327] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Application. new text end
new text begin
For the purposes of section 16B.328, the definitions
in this section have the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Energy conservation. new text end
new text begin
"Energy conservation" means reducing energy use
and includes using a light with lower wattage or time controls.
new text end
new text begin Subd. 3. new text end
new text begin Cutoff luminaire. new text end
new text begin
"Cutoff luminaire" means a luminaire in which 2.5
percent or less of the lamp lumens are emitted above a horizontal plane through the
luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical
angle 80 degrees above the luminaire's lowest point.
new text end
new text begin Subd. 4. new text end
new text begin Light pollution. new text end
new text begin
"Light pollution" means the night sky glow caused by the
scattering of artificial light in the atmosphere.
new text end
new text begin Subd. 5. new text end
new text begin Outdoor lighting fixture. new text end
new text begin
"Outdoor lighting fixture" means any type of
fixed or movable lighting equipment that is designed or used for illumination outdoors.
The term includes billboard lighting, streetlights, searchlights, and other lighting used for
advertising purposes and area lighting. The term does not include lighting equipment
that is required by law to be installed on motor vehicles or lighting required for the safe
operation of aircraft.
new text end
Sec. 2.
new text begin
[16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING
FIXTURES; MODEL ORDINANCE.
new text end
new text begin Subdivision 1. new text end
new text begin Outdoor lighting fixtures. new text end
new text begin
(a) An outdoor lighting fixture may be
installed or replaced using state funds only if:
new text end
new text begin
(1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated
output of the outdoor lighting fixture is greater than 1,800 lumens;
new text end
new text begin
(2) the minimum illuminance adequate for the intended purpose is used with
consideration given to nationally recognized standards;
new text end
new text begin
(3) for lighting of a designated highway of the state highway system, the Department
of Transportation determines that the purpose of the outdoor lighting fixture cannot be
achieved by the installation of reflective road markers, lines, warning or informational
signs, or other effective passive methods; and
new text end
new text begin
(4) full consideration has been given to energy conservation and savings, reducing
glare, minimizing light pollution, and preserving the natural night environment.
new text end
new text begin
(b) Paragraph (a) does not apply if:
new text end
new text begin
(1) a federal law, rule, or regulation preempts state law;
new text end
new text begin
(2) the outdoor lighting fixture is used on a temporary basis because emergency
personnel require additional illumination for emergency procedures;
new text end
new text begin
(3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
new text end
new text begin
(4) special events or situations require additional illumination, provided that the
illumination installed shields the outdoor lighting fixtures from direct view and minimizes
upward lighting and light pollution;
new text end
new text begin
(5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of
a single object or distinctive building; or
new text end
new text begin
(6) a compelling safety interest exists that cannot be addressed by another method.
new text end
new text begin
(c) This subdivision does not apply to the operation and maintenance of lights or
lighting systems purchased or installed, or for which design work is completed, before
August 1, 2007.
new text end
new text begin
(d) This section does not apply if a state agency or local unit of government
determines that compliance with this section would:
new text end
new text begin
(1) require an increased use of electricity;
new text end
new text begin
(2) increase the construction cost of a lighting system more than 15 percent over the
construction cost of a lighting system that does not comply with this section;
new text end
new text begin
(3) increase the cost of operation and maintenance of the lighting system more than
ten percent over the cost of operating and maintaining the existing lighting system over
the life of the lighting system; or
new text end
new text begin
(4) result in a negative safety impact.
new text end
new text begin Subd. 2. new text end
new text begin Model ordinance. new text end
new text begin
The commissioner of administration, in consultation
with the commissioner of commerce, associations for local governments, and any other
interested person, shall develop a model ordinance that can be adapted for use by cities,
counties, and towns, governing outdoor lighting to reduce light pollution. The model
ordinance must include provisions addressing elements similar to those in subdivision 1.
In addition, the model ordinance must address:
new text end
new text begin
(1) standards for lighting on private property, outdoor advertising, lighting on
commercial, industrial, or institutional property, canopies covering fueling stations, and
public streets, sidewalks, and alleys;
new text end
new text begin
(2) how illumination levels should be measured;
new text end
new text begin
(3) possible exemptions, such as for temporary emergency or hazard lighting;
new text end
new text begin
(4) recommended elements for an exterior lighting plan for a development;
new text end
new text begin
(5) treatment of nonconforming lighting;
new text end
new text begin
(6) lighting standards that might apply in special subdistricts;
new text end
new text begin
(7) light pole maximum heights; and
new text end
new text begin
(8) light trespass.
new text end
Sec. 3.
Minnesota Statutes 2006, section 115.56, subdivision 2, is amended to read:
Subd. 2.
License required.
(a) Except as provided in paragraph (b), after March 31,
1996, a person may not design, install, maintain, pump, or inspect an individual sewage
treatment system without a license issued by the commissioner.
(b) A license is not required for a person who complies with the applicable
requirements if the person is:
(1) a qualified employee of state or local government who has passed the
examination described in paragraph (d) or a similar examination;
(2) an individual who constructs an individual sewage treatment system on land that
is owned or leased by the individual and functions solely as the individual's dwelling or
seasonal dwelling;
(3) a farmer who pumps and disposes of sewage waste from individual sewage
treatment systems, holding tanks, and privies on land that is owned or leased by the
farmer; or
(4) an individual who performs labor or services for a person licensed under this
section in connection with the design, installation, maintenance, pumping, or inspection of
an individual sewage treatment system at the direction and under the personal supervision
of a person licensed under this section.
A person constructing an individual sewage treatment system under clause (2) must
consult with a site evaluator or designer before beginning construction. In addition, the
system must be inspected before being covered and a compliance report must be provided
to the local unit of government after the inspection.
(c) The commissioner, in conjunction with the University of Minnesota Extension
Service or another higher education institution, shall ensure adequate training exists for
individual sewage treatment system professionals.
(d) The commissioner shall conduct examinations to test the knowledge of applicants
for licensing and shall issue documentation of licensing.
(e) Licenses may be issued only upon successful completion of the required
examination and submission of proof of sufficient experience, proof of general liability
insurance, and a corporate surety bond in the amount of at least $10,000.
(f) Notwithstanding paragraph (e), the examination and proof of experience are not
required for an individual sewage treatment system professional who, on the effective date
of the rules adopted under subdivision 1, holds a certification attained by examination and
experience under a voluntary certification program administered by the agency.
(g) Local units of government may not require additional local licenses for individual
sewage treatment system professionals.
(h) A pumper whose annual gross revenue from pumping systems is $9,000 or
less and whose gross revenue from pumping systems during the year ending May 11,
1994, was at least $1,000 is not subject to training requirements in rules adopted under
subdivision 1, except for any training required for initial licensure.
new text begin
(i) Until December 31, 2010, no other professional license is required to:
new text end
new text begin
(1) design, install, maintain, or inspect an individual sewage treatment system with a
flow of 10,000 gallons of water per day or less if the system designer, installer, maintainer,
or inspector is licensed under this subdivision and the local unit of government has not
adopted additional requirements; and
new text end
new text begin
(2) operate an individual sewage treatment system with a flow of 10,000 gallons
of water per day or less if the system operator is licensed as a system designer, installer,
maintainer, or inspector under this subdivision and the local unit of government has not
adopted additional requirements.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2006, section 115A.932, subdivision 1, is amended to read:
Subdivision 1.
Prohibitionsnew text begin and recycling requirementsnew text end .
(a) A person may not
place mercury or a thermostat, thermometer, electric switch, appliance, gauge, medical
or scientific instrument, deleted text begin ordeleted text end new text begin fluorescent or high-intensity discharge lamp,new text end electric relaynew text begin ,new text end
or other electrical device from which the mercury has not been removed for reuse or
recycling:
(1) in solid waste; or
(2) in a wastewater disposal system.
(b) A person may not knowingly place mercury or a thermostat, thermometer,
electric switch, appliance, gauge, medical or scientific instrument, deleted text begin ordeleted text end new text begin fluorescent or
high-intensity discharge lamp,new text end electric relaynew text begin ,new text end or other electrical device from which the
mercury has not been removed for reuse or recycling:
(1) in a solid waste processing facility; or
(2) in a solid waste disposal facility, as defined in section 115.01, subdivision 4.
deleted text begin
(c) A person may not knowingly place a fluorescent or high intensity discharge lamp:
deleted text end
deleted text begin
(1) in solid waste; or
deleted text end
deleted text begin
(2) in a solid waste facility
deleted text end
deleted text begin
, except
deleted text end
deleted text begin
a household
deleted text end
deleted text begin
hazardous waste collection or
recycling facility.
deleted text end
deleted text begin
This paragraph does not apply to waste lamps generated by households until August
1, 1994.
deleted text end
new text begin
(c) A fluorescent or high-intensity discharge lamp must be recycled by delivery
of the lamp to a lamp recycling facility, as defined in section 116.93, subdivision 1, or
to a facility that collects and stores lamps for the purpose of delivering them to a lamp
recycling facility, including, but not limited to, a household hazardous waste collection
or recycling facility, retailer take-back and utility provider program sites, or other sites
designated by an electric utility under section 216B.241, subdivisions 2 and 4.
new text end
Sec. 5.
Minnesota Statutes 2006, section 116.07, subdivision 2a, is amended to read:
Subd. 2a.
Exemptions from standards.
No standards adopted by any state agency
for limiting levels of noise in terms of sound pressure which may occur in the outdoor
atmosphere shall apply to (1) segments of trunk highways constructed with federal
interstate substitution money, provided that all reasonably available noise mitigation
measures are employed to abate noise, (2) an existing or newly constructed segment of a
highway, provided that all reasonably available noise mitigation measures, as approved by
the commissioners of the Department of Transportation and Pollution Control Agency, are
employed to abate noise, (3) except for the cities of Minneapolis and St. Paul, an existing
or newly constructed segment of a road, street, or highway under the jurisdiction of a road
authority of a town, statutory or home rule charter city, or county, except for roadways for
which full control of access has been acquired, (4) skeet, trap or shooting sports clubs, or
(5) motor vehicle race events conducted at a facility specifically designed for that purpose
that was in operation on or before July 1, deleted text begin 1983deleted text end new text begin 1996new text end . Nothing herein shall prohibit a
local unit of government or a public corporation with the power to make rules for the
government of its real property from regulating the location and operation of skeet, trap
or shooting sports clubs, or motor vehicle race events conducted at a facility specifically
designed for that purpose that was in operation on or before July 1, deleted text begin 1983deleted text end new text begin 1996new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2006, section 116.0714, is amended to read:
116.0714 NEW OPEN AIR SWINE BASINS.
deleted text begin After May 18, 2002,deleted text end The commissioner of the Pollution Control Agency or a county
board shall not approve any permits for the construction of new open air swine basins,
except that existing facilities may use one basin of less than 1,000,000 gallons as part
of a permitted waste treatment program for resolving pollution problems or to allow
conversion of an existing basin of less than 1,000,000 gallons to a different animal type,
provided all standards are met. This section expires June 30, deleted text begin 2007deleted text end new text begin 2012new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Minnesota Statutes 2006, section 116.23, is amended to read:
116.23 PROHIBITIONnew text begin AND RESTRICTIONSnew text end .
new text begin Subdivision 1. new text end
new text begin Nutrient concentrations. new text end
No person shall manufacture for use or
sale in Minnesota or import into Minnesota for resale any cleaning agent or chemical
water conditioner which contains a prescribed nutrient in a concentration that is greater
than the prescribed maximum permissible concentration of that nutrient in that cleaning
agent or chemical water conditioner.
new text begin Subd. 2. new text end
new text begin Residential dishwasher detergent. new text end
new text begin
No person shall sell, distribute, offer,
or expose for sale at retail any household dishwasher detergent that contains more than 0.5
percent phosphorus by weight. This subdivision does not apply to the sale or distribution
of detergents for commercial or institutional dishwashing purposes.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2010.
new text end
Sec. 8.
Minnesota Statutes 2006, section 116.92, subdivision 3, is amended to read:
Subd. 3.
Labeling; products containing mercury.
new text begin (a) new text end A manufacturer or
wholesaler may not sell and a retailer may not knowingly sell any of the following items
in this state that contain mercury unless the item is labeled in a manner to clearly inform a
purchaser or consumer that mercury is present in the item and that the item may not be
placed in the garbage until the mercury is removed and reused, recycled, or otherwise
managed to ensure that it does not become part of solid waste or wastewater:
(1) a thermostat or thermometer;
(2) an electric switch, individually or as part of another product, other than a motor
vehicle;
(3) an appliance;
(4) a medical or scientific instrument; deleted text begin and
deleted text end
(5) an electric relay or other electrical devicenew text begin ;
new text end
new text begin
(6) a fluorescent or high-intensity discharge lamp, individually or as part of another
product; and
new text end
new text begin
(7) laboratory chemicals, reagents, fixatives, and electrodes.
new text end
new text begin
(b) Labeling of items in accordance with mercury product labeling plans approved
by another state that is a member of the Interstate Mercury Education and Reduction
Clearinghouse (IMERC) shall be considered to be in compliance with this section. The
manufacturer shall provide a copy of the labeling plan to the agency and shall notify the
agency if the approval is modified.
new text end
new text begin (c) Manufacturers of products that contain a mercury-containing lamp not intended
to be replaceable by the user or consumer shall meet the product labeling requirements of
this section by placing the label on the product or in the care and use manual or product
instructionsnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraphs (b) and (c) apply to products manufactured on
or after January 1, 2008.
new text end
Sec. 9.
Minnesota Statutes 2006, section 116.92, subdivision 7a, is amended to read:
Subd. 7a.
Fluorescent new text begin and high-intensity discharge new text end lamps; residential
applications.
new text begin (a) new text end Any information regarding fluorescent new text begin and high-intensity discharge
new text end lamps containing mercury that is sent by a utility to a customer, present on a utility's Web
site, or contained in a utility's print, radio, or video advertisement, mustnew text begin :
new text end
(1) state that the lamps contain mercurynew text begin ;
new text end
new text begin (2) statenew text end that new text begin mercury new text end is harmful to the environment deleted text begin anddeleted text end new text begin ;
new text end
new text begin (3) statenew text end that deleted text begin it is illegal to place themdeleted text end new text begin placing the lampsnew text end in garbage new text begin is illegal;new text end and
deleted text begin (2)deleted text end new text begin (4) new text end provide a toll-free telephone number or Web site that customers can access to
learn how to lawfully dispose of the lamps.
new text begin
(b) The information under paragraph (a) must be:
new text end
new text begin
(1) provided in a minimum of 12-point type in print or online media;
new text end
new text begin
(2) conveyed in television and radio advertisements; and
new text end
new text begin
(3) provided in a manner that the ordinary consumer will understand that fluorescent
and high-intensity discharge lamps contain mercury and must not be placed in garbage
in Minnesota.
new text end
Sec. 10.
Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision
to read:
new text begin Subd. 8b. new text end
new text begin Ban; mercury-containing sphygmomanometers. new text end
new text begin
After August 1,
2007, a person may not sell, offer for sale, distribute, install, or reinstall in the state a
sphygmomanometer containing mercury.
new text end
Sec. 11.
Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision
to read:
new text begin Subd. 8c. new text end
new text begin Ban; mercury-containing gastrointestinal devices. new text end
new text begin
After August 1,
2007, a person may not sell, offer for sale, distribute, or use in the state an esophageal
dilator, bougie tube, gastrointestinal tube, feeding tube, or similar device containing
mercury.
new text end
Sec. 12.
Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision
to read:
new text begin Subd. 8d. new text end
new text begin Ban; mercury-containing thermostats. new text end
new text begin
After August 1, 2007, a person
may not sell, offer for sale, distribute, install, or reinstall in the state a product or device
that uses a mercury switch to sense and control room temperature through communication
with heating, ventilating, or air-conditioning equipment. This subdivision does not apply
to a thermostat used to sense and control temperature as part of a manufacturing process.
new text end
Sec. 13.
Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision
to read:
new text begin Subd. 8e. new text end
new text begin Ban; mercury-containing switches and relays. new text end
new text begin
(a) After August 1,
2007, a person may not sell, offer for sale, or distribute in the state a mercury switch or
mercury relay individually or as part of another product.
new text end
new text begin
(b) For the purposes of this subdivision:
new text end
new text begin
(1) "mercury relay" means a mercury-containing product or device that opens or
closes electrical contacts to affect the operation of other devices in the same or another
electrical circuit and includes, but is not limited to, mercury displacement relays, mercury
wetted reed relays, and mercury contact relays; and
new text end
new text begin
(2) "mercury switch" means a mercury-containing product or device that opens or
closes an electrical circuit or gas valve and includes, but is not limited to, mercury float
switches actuated by rising or falling liquid levels, mercury tilt switches actuated by a
change in the switch position, mercury pressure switches actuated by a change in pressure,
mercury temperature switches actuated by a change in temperature, and mercury flame
sensors. A mercury switch does not include a mercury-added thermostat or a mercury
diostat.
new text end
new text begin
(c) A manufacturer shall be in compliance with this subdivision if:
new text end
new text begin
(1) it has received an exclusion or exemption from a state that is a member of the
Interstate Mercury Education and Reduction Clearinghouse (IMERC) for replacement
parts or for a use where no feasible alternative is available;
new text end
new text begin
(2) it submits a copy of the approved exclusion or exemption to the commissioner;
and
new text end
new text begin
(3) it meets all of the requirements in the approved exclusion or exemption for its
activities within the state.
new text end
Sec. 14.
Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision
to read:
new text begin Subd. 8f. new text end
new text begin Ban; mercury diostats. new text end
new text begin
After January 1, 2008, a person may not sell,
offer for sale, or distribute a new gas oven, range, or stove containing a mercury-containing
switch that controls a gas valve in an oven or oven portion of a gas range or stove.
new text end
Sec. 15.
Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision
to read:
new text begin Subd. 8g. new text end
new text begin
Ban; mercury-containing barometers, manometers, and pyrometers.
new text end
new text begin
After January 1, 2008, a person may not sell, offer for sale, or distribute in the state a
mercury-containing device used for measuring atmospheric pressure or for measuring
pressure of liquids and gases or a mercury-containing device used for measuring the
temperature of extremely hot materials, individually or as part of another product.
new text end
Sec. 16.
Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision
to read:
new text begin Subd. 8h. new text end
new text begin Ban; mercury in over-the-counter pharmaceuticals. new text end
new text begin
After January
1, 2008, a person may not sell, offer for sale, or distribute in the state for human use an
over-the-counter pharmaceutical product containing mercury.
new text end
Sec. 17.
Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision
to read:
new text begin Subd. 8i. new text end
new text begin Ban; mercury in cosmetics, toiletries, and fragrances. new text end
new text begin
After January 1,
2008, a person may not sell, offer for sale, or distribute in the state a cosmetic, toiletry,
or fragrance product containing mercury.
new text end
Sec. 18.
Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision
to read:
new text begin Subd. 8j. new text end
new text begin Exclusion for existing equipment. new text end
new text begin
The prohibitions in subdivisions 8b to
8g do not apply if a switch, relay, or measuring device is used to replace a switch, relay, or
measuring device that is a component of a larger product in use prior to January 1, 2008,
provided the owner of that equipment has made every reasonable effort to determine that
no compatible nonmercury replacement component exists.
new text end
Sec. 19.
Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Definition of mercury-containing. new text end
new text begin
For the purposes of this section,
"mercury-containing" or "containing mercury" means that the product, component of a
product, or chemical formulation contains intentionally added mercury.
new text end
Sec. 20.
new text begin
[116.921] MULTISTATE CLEARINGHOUSE.
new text end
new text begin
The agency is authorized to participate in the Interstate Mercury Education
and Reduction Clearinghouse (IMERC) to assist in carrying out the requirements
and coordinating any other activities related to the administration of statutes
governing the purchase, sale, use, labeling, disposal, and management of mercury and
mercury-containing products.
new text end
Sec. 21.
Minnesota Statutes 2006, section 116.93, subdivision 2, is amended to read:
Subd. 2.
Lamp recycling facility; permits or licensesnew text begin ; reportingnew text end .
(a) A person
may not operate a lamp recycling facility without obtaining a permit or license for the
facility from the agency. The permit or license must require:
(1) a plan for response to releases, including emergency response;
(2) proof of financial responsibility for closure and any necessary postclosure care at
the facility which may include a performance bond or other insurance; deleted text begin and
deleted text end
(3) liability insurance or another financial mechanism that provides proof of financial
responsibility for response actions required under chapter 115Bnew text begin ; and
new text end
new text begin
(4) by March 1 each year, beginning in 2008, an annual report to the agency on the
number and type of lamps received from businesses and households in the state and total
number of lamps received from all generators outside of the state
new text end
new text begin The agency shall specify the format for the report under clause (4) and make the
reported information available on the agency's Web sitenew text end .
(b) A lamp recycling facility that is licensed or permitted by a county under section
473.811, subdivision 5b, complies with this subdivision if the license or permit held by the
facility contains at least all the terms and conditions required by the agency for a license
or permit issued under this subdivision.
(c) A lamp recycling facility with a demonstrated capability for recycling that is in
operation prior to adoption of rules for a licensing or permitting process for the facility
by the agency may continue to operate in accordance with a compliance agreement or
other approval by the commissioner until a license or permit is issued by the agency
under this subdivision.
Sec. 22.
new text begin
[121A.33] CERTAIN MERCURY USE IN SCHOOLS PROHIBITED.
new text end
new text begin
(a) For the purposes of this section, "school" has the meaning given under section
120A.22, subdivision 4, excluding home schools.
new text end
new text begin
(b) After December 31, 2007, a school shall not:
new text end
new text begin
(1) purchase or use elemental mercury for any purpose; and
new text end
new text begin
(2) purchase or use an instrument of measurement that contains mercury, including,
but not limited to, a thermometer, barometer, or sphygmomanometer, or a manometer
containing mercury.
new text end
new text begin
(c) After December 31, 2009, a school shall not:
new text end
new text begin
(1) store elemental mercury for any purpose; and
new text end
new text begin
(2) store an instrument of measurement that contains mercury, including, but not
limited to, a thermometer, barometer, sphygmomanometer, or a manometer containing
mercury.
new text end
new text begin
(d) This section does not apply to thermostats for heating, ventilation, and air
conditioning in the school.
new text end
Sec. 23.
Laws 2006, chapter 251, section 16, is amended to read:
Sec. 16. PHOSPHORUS RULE; REPORT.
(a) Notwithstanding any law to the contrary, a provision of a Minnesota Pollution
Control Agency rule establishing new or changed limits on phosphorus discharges from a
new or existing wastewater facility must not take effect until July 1, deleted text begin 2007deleted text end new text begin 2008new text end .
(b) The Minnesota Pollution Control Agency must report to the legislature by
February 1, 2007, on a proposed or adopted rule changing limits on phosphorus discharges.
The report must address scientific justification for the new rule and the impact the proposed
or adopted rule will have on needed funding to implement the Clean Water Legacy Act.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 24. new text begin ISTS LICENSING REPORT.
new text end
new text begin
The commissioner of the Pollution Control Agency must report to the legislative
committees with jurisdiction on environmental policy by February 15, 2008, after
consulting with officials from the Minnesota Onsite Wastewater Association; the
Minnesota Society of Professional Engineers; the American Council of Engineering
Companies; the Minnesota Association of Professional Soil Scientists; the Minnesota
Board of Architecture, Engineering, Land Surveying, Landscape Architecture,
Geoscience, and Interior Design; the Geoscience Professional Organization; the University
of Minnesota Water Resources Center; the Association of Minnesota Counties; the League
of Minnesota Cities; the Coalition of Greater Minnesota Cities; the Minnesota Association
of Small Cities; and the Minnesota Association of Townships, on further issues relating
to the licensing of individual sewage treatment systems.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 25. new text begin BIOFUEL PERMITTING REPORT.
new text end
new text begin
By January 15, 2008, the Pollution Control Agency, the commissioner of agriculture,
the commissioner of natural resources, and the Environmental Quality Board shall report
to the house and senate committees and divisions with jurisdiction over agriculture and
environment policy and budget on the process to issue permits for biofuel production
facilities. The report shall include:
new text end
new text begin
(1) information on the timing of the permits and measures taken to improve the
timing of the permitting process;
new text end
new text begin
(2) recommended changes to statutes, rules, fees, or procedures to improve the
biofuel production facility permitting process; and
new text end
new text begin
(3) other information or analysis that may be helpful in understanding or improving
the biofuel production facility permitting process.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26. new text begin ENDOCRINE DISRUPTOR REPORT.
new text end
new text begin
(a) The commissioner of the Pollution Control Agency, in consultation with the
commissioner of agriculture, the commissioner of health, the commissioner of natural
resources, the University of Minnesota, and the United States Environmental Protection
Agency, may prepare a report on strategies to address endocrine disruptors in waters of
the state. The report may include:
new text end
new text begin
(1) a review of the current literature of known endocrine disrupting compounds to
determine which ones are most likely to be of significance to humans, fish, and wildlife
in Minnesota;
new text end
new text begin
(2) a review of scientific studies to determine whether these compounds have the
potential to account for known effects on humans, fish, and wildlife in Minnesota;
new text end
new text begin
(3) a review of the comparative risk posed by endocrine disrupting compounds to
the long-term viability of populations of fish and wildlife; and
new text end
new text begin
(4) an evaluation of the practicability and the cost of prevention and remediation
strategies for any endocrine disrupting compounds found in clauses (1) and (2), as well as
other potential endocrine disruptors.
new text end
new text begin
(b) By January 15, 2008, the commissioner may submit the report to the house of
representatives and senate committees and divisions with jurisdiction over environment
and natural resources policy and finance.
new text end
ARTICLE 7
COMMUNITY FORESTRY
Section 1.
Minnesota Statutes 2006, section 18G.03, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin Certain species not subject to chapter 18G. new text end
new text begin
This chapter does not apply
to exotic aquatic plants and wild animal species regulated under chapter 84D.
new text end
Sec. 2.
Minnesota Statutes 2006, section 18G.11, is amended to read:
18G.11 COOPERATION WITH OTHER JURISDICTIONS.
new text begin Subdivision 1. new text end
new text begin Detection and control agreements. new text end
The commissioner may enter
into cooperative agreements with organizations, persons, civic groups, governmental
agencies, or other organizations to adopt and execute plans to detect and control areas
infested or infected with harmful plant pests. The cooperative agreements may include
provisions of joint funding of any control treatment.
If a harmful plant pest infestation or infection occurs and cannot be adequately
controlled by individual persons, owners, tenants, or local units of government, the
commissioner may conduct the necessary control measures independently or on a
cooperative basis with federal or other units of government.
new text begin Subd. 2. new text end
new text begin New and emerging plant pest programs. new text end
new text begin
The commissioner may make
grants to municipalities or enter into contracts with municipalities, nurseries, colleges,
universities, state or federal agencies in connection with new or emerging plant pests
programs, including research, or any other organization with the legal authority to enter
into contractual agreements.
new text end
Sec. 3.
Minnesota Statutes 2006, section 84D.14, is amended to read:
84D.14 EXEMPTIONS.
This chapter does not apply to:
(1) pathogens and terrestrial arthropods regulated under sections 18G.01 to ; or
(2) mammals and birds defined by statute as livestock.
Sec. 4.
Minnesota Statutes 2006, section 88.01, is amended by adding a subdivision to
read:
new text begin Subd. 27. new text end
new text begin Community forest. new text end
new text begin
"Community forest" means public and private trees
and associated plants occurring individually, in small groups, or under forest conditions
within a municipality.
new text end
Sec. 5.
Minnesota Statutes 2006, section 88.79, subdivision 1, is amended to read:
Subdivision 1.
Employment of competent foresters; service to private owners.
The commissioner of natural resources may employ competent foresters to furnish owners
of forest lands within the state of Minnesota who own not more than 1,000 acres of forest
land, forest management services consisting of:
(1) advice in management and protection of timber, including written stewardship
and forest management plans;
(2) selection and marking of timber to be cut;
(3) measurement of products;
(4) aid in marketing harvested products;
(5) provision of tree-planting equipment; deleted text begin anddeleted text end
(6) new text begin advice in community forest management; and
new text end
new text begin (7) new text end such other services as the commissioner of natural resources deems necessary
or advisable to promote maximum sustained yield of timber new text begin and other benefits new text end upon
such forest lands.
Sec. 6.
Minnesota Statutes 2006, section 88.79, subdivision 2, is amended to read:
Subd. 2.
Charge for service; receipts to special revenue fund.
The commissioner
of natural resources may charge the owner receiving such services such sums as the
commissioner shall determine to be fair and reasonable. The charges must account for
differences in the value of timbernew text begin and other benefitsnew text end . The receipts from such services shall
be credited to the special revenue fund and are annually appropriated to the commissioner
for the purposes specified in subdivision 1.
Sec. 7.
Minnesota Statutes 2006, section 88.82, is amended to read:
88.82 MINNESOTA RELEAF PROGRAM.
The Minnesota releaf program is established in the Department of Natural Resources
to encourage, promote, and fund the new text begin inventory, new text end planting, new text begin assessment, new text end maintenance, deleted text begin anddeleted text end
improvementnew text begin , protection, and restorationnew text end of trees new text begin and forest resources new text end in this state to
new text begin enhance community forest ecosystem health and sustainability as well as to new text end reduce
atmospheric carbon dioxide levels and promote energy conservation.
Sec. 8.
Minnesota Statutes 2006, section 89.001, subdivision 8, is amended to read:
Subd. 8.
Forest resources.
"Forest resources" means those natural assets of forest
lands, including timber and other forest crops; biological diversity; recreation; fish and
wildlife habitat; wilderness; rare and distinctive flora and fauna; air; water; soil; new text begin climate;
new text end and educational, aesthetic, and historic values.
Sec. 9.
Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:
new text begin Subd. 15. new text end
new text begin Forest pest. new text end
new text begin
"Forest pest" means any vertebrate or invertebrate animal,
plant pathogen, or plant that is determined by the commissioner to be harmful, injurious,
or destructive to forests or timber.
new text end
Sec. 10.
Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:
new text begin Subd. 16. new text end
new text begin Shade tree pest. new text end
new text begin
"Shade tree pest" means any vertebrate or invertebrate
animal, plant pathogen, or plant that is determined by the commissioner to be harmful,
injurious, or destructive to shade trees or community forests.
new text end
Sec. 11.
Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:
new text begin Subd. 17. new text end
new text begin Community forest. new text end
new text begin
"Community forest" has the meaning given under
section 88.01, subdivision 27.
new text end
Sec. 12.
Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:
new text begin Subd. 18. new text end
new text begin Shade tree. new text end
new text begin
"Shade tree" means a woody perennial grown primarily
for aesthetic or environmental purposes.
new text end
Sec. 13.
Minnesota Statutes 2006, section 89.01, subdivision 1, is amended to read:
Subdivision 1.
Best methods.
The commissioner shall ascertain and observe the
best methods of reforesting cutover and denuded lands, foresting waste lands, deleted text begin preventing
destructiondeleted text end new text begin minimizing loss or damage new text end of deleted text begin forests and landsdeleted text end new text begin forest resources new text end by fire,new text begin forest
pests, or shade tree pests,new text end administering forests on forestry principles, encouraging private
owners to preserve and grow new text begin trees or new text end timber for commercial new text begin or other new text end purposes, and
conserving the forests around the head waters of streams and on the watersheds of the state.
Sec. 14.
Minnesota Statutes 2006, section 89.01, subdivision 2, is amended to read:
Subd. 2.
General duties.
The commissioner shall execute all rules pertaining
to forestry and forest protection within the jurisdiction of the state; have charge of the
work of protecting all forests and lands from firenew text begin , forest pests, and shade tree pestsnew text end ;
shall investigate the origin of all forest fires; and prosecute all violators as provided by
law; shall prepare and print for public distribution an abstract of the forest fire laws of
Minnesota, together with such rules as may be formulated.
The commissioner shall prepare printed notices calling attention to the dangers from
forest fires and cause them to be posted in conspicuous places.
Sec. 15.
Minnesota Statutes 2006, section 89.01, subdivision 4, is amended to read:
Subd. 4.
Forest plans.
The commissioner shall cooperate with the several
departments of the state and federal governments and with counties, towns, new text begin municipalities,
new text end corporations, or individuals in the preparation of plans for forest protectiondeleted text begin ,deleted text end new text begin and
new text end managementdeleted text begin ,deleted text end new text begin and planting or new text end replacement of treesdeleted text begin ,deleted text end new text begin innew text end wood lotsdeleted text begin ,deleted text end andnew text begin community forests
or onnew text end timber tracts, using such influence as time will permit toward the establishment of
scientific forestry principles in the management, protection, and promotion of the forest
resources of the state.
Sec. 16.
Minnesota Statutes 2006, section 89.51, subdivision 1, is amended to read:
Sec. 17.
Minnesota Statutes 2006, section 89.51, subdivision 6, is amended to read:
Subd. 6.
Infestation.
new text begin "new text end Infestationdeleted text begin ,deleted text end new text begin "new text end includes actual, potential, incipientnew text begin ,new text end or
deleted text begin emergencydeleted text end new text begin emergentnew text end infestation or infection by forest new text begin pests or shade tree new text end pests.
Sec. 18.
Minnesota Statutes 2006, section 89.51, subdivision 9, is amended to read:
Subd. 9.
Forest land or forest.
new text begin "new text end Forest landnew text begin "new text end or new text begin "new text end forestdeleted text begin ,deleted text end new text begin "new text end means land on which
occurs a stand or potential stand of trees valuable for timber products, watershed or
wildlife protection, recreational usesnew text begin , community forest benefits,new text end or other purposes, and
shall include lands owned or controlled by the state of Minnesota.
Sec. 19.
Minnesota Statutes 2006, section 89.52, is amended to read:
89.52 SURVEYS, INVESTIGATIONS.
The commissioner shall make surveys and investigations to determine the presence
of infestations of forest new text begin pests or shade tree new text end pests. For this purposenew text begin ,new text end duly designated
representatives of the commissioner may enter at reasonable times on public and private
lands deleted text begin for the purpose of conducting suchdeleted text end new text begin to conduct thenew text end surveys and investigations.
Sec. 20.
Minnesota Statutes 2006, section 89.53, is amended to read:
89.53 CONTROL OF FOREST new text begin PESTS AND SHADE TREE new text end PESTS.
Subdivision 1.
Commissioner's duties; notice of control measures.
Whenever the
commissioner finds that an area in the state is infested or threatened to be infested with
forest new text begin pests or shade tree new text end pests, the commissioner shall determine whether measures of
control are needed deleted text begin and are availabledeleted text end new text begin , what control measures are to be applied,new text end and the area
over which the control measures shall be applied. The commissioner shall prescribe
a proposed zone of infestation covering the area in which control measures are to be
applied and shall publish notice of the proposal once a week, for two successive weeks
in a newspaper having a general circulation in each county located in whole or in part
in the proposed zone of infestation. Prescribing zones of infestation deleted text begin isdeleted text end new text begin and prescribing
measures of control are new text end exempt from the rulemaking provisions of chapter 14 and section
14.386 does not apply.
Subd. 2.
Notice requirements; public comment.
The notice shall include a
description of the boundaries of the proposed zone of infestationnew text begin , the control measures
to be applied,new text end and a time and place where new text begin municipalities and new text end owners of forest lands new text begin or
shade trees new text end in the zone may show cause orally or in writing why the zone new text begin and control
measures new text end should or should not be established. The commissioner shall consider any
statements received in determining whether the zone shall be establishednew text begin and the control
measures appliednew text end .
new text begin Subd. 3. new text end
new text begin Experimental programs. new text end
new text begin
The commissioner may establish experimental
programs for the control of forest pests or shade tree pests and for municipal reforestation.
new text end
Sec. 21.
Minnesota Statutes 2006, section 89.54, is amended to read:
89.54 ZONES OF INFESTATION, ESTABLISHMENT.
Upon the decision by the commissioner that the establishment of a zone new text begin of
infestation new text end is necessary, the commissioner shall make a written order establishing deleted text begin saiddeleted text end
new text begin the new text end zone, and upon making deleted text begin saiddeleted text end new text begin thenew text end order, deleted text begin saiddeleted text end new text begin thenew text end zone shall be established. Notice of the
establishment of the zone shall thereupon be published in a newspaper having a general
circulation in each county located in whole or in part in the proposed zonenew text begin and posted on
the Department of Natural Resources Web sitenew text end .
Sec. 22.
Minnesota Statutes 2006, section 89.55, is amended to read:
89.55 INFESTATION CONTROL, COSTS.
Upon the establishment of the zone of infestation, the commissioner may apply
measures of infestation new text begin prevention and new text end control on public and private forest and other lands
within deleted text begin suchdeleted text end new text begin thenew text end zone and to any trees, deleted text begin timber,deleted text end plants deleted text begin or shrubs thereondeleted text end new text begin , wood or wood
products, or contaminated soil new text end harboring or which may harbor the forest new text begin pests or shade
tree new text end pests. For this purpose, the duly authorized representatives of the commissioner
are authorized to enter upon any lands, public or private within deleted text begin suchdeleted text end new text begin thenew text end zone. The
commissioner may enter into agreements with owners of the lands in the zone covering
the control work on their lands, and fixing the pro rata basis on which the cost of deleted text begin suchdeleted text end new text begin thenew text end
work will be shared between the commissioner and deleted text begin saiddeleted text end new text begin thenew text end owner.
Sec. 23.
Minnesota Statutes 2006, section 89.56, subdivision 1, is amended to read:
Subdivision 1.
Statement of expenses; cost to owners.
At the end of each fiscal
year and upon completion of the infestation control measures in any zone of infestation,
the commissioner shall prepare a certified statement of expenses incurred in carrying
out deleted text begin suchdeleted text end new text begin thenew text end measures, including expenses of owners covered by agreements entered
into pursuant to section 89.55. The statement shall show the amount deleted text begin whichdeleted text end new text begin thatnew text end the
commissioner determines to be deleted text begin itsdeleted text end new text begin the commissioner'snew text end share of the expenses. The share of
the commissioner may include funds and the value of other contributions made available
by the federal government and other cooperators. The balance of deleted text begin suchdeleted text end new text begin thenew text end costs shall
constitute a charge on an acreage basis as provided herein against the owners of lands in
the zone containing trees deleted text begin valuable or potentially valuable for commercial timber purposes
anddeleted text end affected or likely to be affected by the forest new text begin pests or shade tree new text end pests for which control
measures were conducted. In fixing the rates at which charges shall be made against each
owner, the commissioner shall consider the present commercial value of the trees on the
land, the present and potential benefits to deleted text begin suchdeleted text end new text begin thenew text end owner from the application of the
control measures, deleted text begin anddeleted text end the cost of applying deleted text begin suchdeleted text end new text begin thenew text end measures to the land, and such other
factors as in the discretion of the commissioner will enable determination of an equitable
distribution of the cost to all deleted text begin suchdeleted text end owners. No charge shall be made against owners to the
extent that they have individually or as members of a cooperative association contributed
funds, suppliesnew text begin ,new text end or services pursuant to agreement under this section.
Sec. 24.
Minnesota Statutes 2006, section 89.56, subdivision 3, is amended to read:
Subd. 3.
Collection.
The unpaid charges assessed under sections 89.51 to new text begin
89.64new text end and the actions of the commissioner on any protests filed pursuant to subdivision 2,
shall be reported to the tax levying authority for the county in which the lands for which
the charges are assessed are situated and shall be made a public record. Any charges
finally determined to be due shall become a special assessment and shall be payable
in the same manner and with the same interest and penalty charges and with the same
procedure for collection as apply to ad valorem property taxes. Upon collection of the
chargesnew text begin ,new text end the county treasurer shall forthwith cause the amounts thereof to be paid to the
forestnew text begin pest and shade treenew text end pest control deleted text begin funddeleted text end new text begin accountnew text end created by section 89.58. Any unpaid
charge or lien against the lands shall not be affected by the sale thereof or by dissolution
of the zone of infestation.
Sec. 25.
Minnesota Statutes 2006, section 89.57, is amended to read:
89.57 DISSOLUTION OF ZONE INFESTATION.
Whenever the commissioner shall determine that forest new text begin pest or shade tree new text end pest
control work within an established zone of infestation is no longer necessary or feasible,
the commissioner shall dissolve the zone.
Sec. 26.
Minnesota Statutes 2006, section 89.58, is amended to read:
89.58 FOREST new text begin PEST AND SHADE TREE new text end PEST CONTROL ACCOUNT.
All money collected under the provisions of sections 89.51 todeleted text begin 89.61deleted text end new text begin 89.64,new text end together
with such money as may be appropriated by the legislature or allocated by the Legislative
Advisory Commission for the purposes of sections 89.51 to , and such money
as may be contributed or paid by the federal government, or any other public or private
agency, organization or individual, shall be deposited in the state treasury, to the credit
of the forest new text begin pest and shade tree new text end pest control account, which account is hereby created,
and any moneys therein are appropriated to the commissioner for use in carrying out the
purposes deleted text begin hereofdeleted text end new text begin of sections 89.51 to 89.64new text end .
Sec. 27.
Minnesota Statutes 2006, section 89.59, is amended to read:
89.59 COOPERATION.
The commissioner may cooperate with the United States or agencies thereof, other
agencies of the state, county or municipal governments, agencies of neighboring statesnew text begin ,new text end or
other public or private organizations or individuals and may accept such funds, equipment,
suppliesnew text begin ,new text end or services from cooperators and others as deleted text begin itdeleted text end new text begin the commissioner new text end may provide in
agreements with the United States or its agencies for matching of federal funds as required
under laws of the United States relating to forest new text begin pests and shade tree new text end pests.
Sec. 28.
Minnesota Statutes 2006, section 89.60, is amended to read:
89.60 DUTIES, RULES; COMMISSIONER.
The commissioner is authorized to employ personnel in accordance with the laws of
this state, to procure necessary equipment, suppliesnew text begin ,new text end and service, to enter into contracts, to
provide funds to any agency of the United States for work or services under sections 89.51
to deleted text begin 89.61deleted text end new text begin 89.64new text end , and to designate or appoint, as deleted text begin itsdeleted text end new text begin the commissioner'snew text end representatives,
employees of deleted text begin itsdeleted text end cooperatorsnew text begin ,new text end including employees of the United States or any agency
thereof. The commissioner may prescribe rules for carrying out the purposes deleted text begin hereofdeleted text end new text begin
of this sectionnew text end .
Sec. 29.
Minnesota Statutes 2006, section 89.61, is amended to read:
89.61 ACT SUPPLEMENTAL.
Provisions of sections 89.51 to deleted text begin 89.61deleted text end new text begin 89.64new text end are supplementary to and not to be
construed to repeal existing legislation.
Sec. 30.
new text begin
[89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Grants. new text end
new text begin
The commissioner may make grants to aid in the control of
a shade tree pest. To be eligible, a grantee must have a pest control program approved
by the commissioner that:
new text end
new text begin
(1) defines tree ownership and who is responsible for the costs associated with
control measures;
new text end
new text begin
(2) defines the zone of infestation within which the control measures are to be
applied;
new text end
new text begin
(3) includes a tree inspector certified under section 89.63 and having the authority to
enter and inspect private lands;
new text end
new text begin
(4) has the means to enforce measures needed to limit the spread of shade tree
pests; and
new text end
new text begin
(5) provides that grant money received will be deposited in a separate fund to be
spent only for the purposes authorized by this section.
new text end
new text begin Subd. 2. new text end
new text begin Grant eligibility. new text end
new text begin
The following are eligible for grants under this section:
new text end
new text begin
(1) a home rule charter or statutory city or a town that exercises municipal powers
under section 368.01 or any general or special law;
new text end
new text begin
(2) a special park district organized under chapter 398;
new text end
new text begin
(3) a special-purpose park and recreation board;
new text end
new text begin
(4) a soil and water conservation district;
new text end
new text begin
(5) a county; or
new text end
new text begin
(6) any other organization with the legal authority to enter into contractual
agreements.
new text end
new text begin Subd. 3. new text end
new text begin Rules; applicability to municipalities. new text end
new text begin
The rules and procedures adopted
under this chapter by the commissioner apply in a municipality unless the municipality
adopts an ordinance determined by the commissioner to be more stringent than the rules
and procedures of the commissioner. The rules and procedures of the commissioner or
the municipality apply to all state agencies, special purpose districts, and metropolitan
commissions as defined in section 473.121, subdivision 5a, that own or control land
adjacent to or within a zone of infestation.
new text end
Sec. 31.
new text begin
[89.63] CERTIFICATION OF TREE INSPECTORS.
new text end
new text begin
(a) The governing body of a municipality may appoint a qualified tree inspector.
Two or more municipalities may jointly appoint a tree inspector for the purpose of
administering their respective pest control programs.
new text end
new text begin
(b) Upon a determination by the commissioner that a candidate for the position
of tree inspector is qualified, the commissioner shall issue a certificate of qualification
to the tree inspector. The certificate is valid for one year. A person certified as a tree
inspector by the commissioner may enter and inspect any public or private property that
might harbor forest pests or shade tree pests. The commissioner shall offer an annual tree
inspector certification workshop, upon completion of which participants are qualified
as tree inspectors.
new text end
new text begin
(c) The commissioner may suspend and, upon notice and hearing, decertify a
tree inspector if the tree inspector fails to act competently or in the public interest in
the performance of duties.
new text end
Sec. 32.
new text begin
[89.64] EXEMPTIONS.
new text end
new text begin
This chapter does not supersede the authority of the Department of Agriculture
under chapter 18G.
new text end
Sec. 33.
Minnesota Statutes 2006, section 97A.205, is amended to read:
97A.205 ENFORCEMENT OFFICER POWERS.
An enforcement officer is authorized to:
(1) execute and serve court issued warrants and processes relating to wild animals,
wild rice, public waters, water pollution, conservation, and use of water, in the same
manner as a sheriff;
(2) enter any land to carry out the duties and functions of the division;
(3) make investigations of violations of the game and fish laws;
(4) take an affidavit, if it aids an investigation;
(5) arrest, without a warrant, a person who is detected in the actual violation of the
game and fish laws, a provision of chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E,
103F, 103G, sections 86B.001 to 86B.815, 89.51 to ; or 609.66, subdivision 1,
clauses (1), (2), (5), and (7); and 609.68; and
(6) take an arrested person before a court in the county where the offense was
committed and make a complaint.
Nothing in this section grants an enforcement officer any greater powers than other
licensed peace officers.
Sec. 34. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, sections 18G.16; and 89.51, subdivision 8,
new text end
new text begin
are repealed.
new text end
ARTICLE 8
DRAINAGE
Section 1.
Minnesota Statutes 2006, section 103E.021, subdivision 1, is amended to
read:
Subdivision 1.
Spoil banks must be spread and deleted text begin grass planteddeleted text end new text begin permanent
vegetation establishednew text end .
In any proceeding to establish, construct, improve, or do any
work affecting a public drainage system under any law that appoints viewers to assess
benefits and damages, the authority having jurisdiction over the proceeding shall order
spoil banks to be spread consistent with the plan and function of the drainage system. The
authority shall order that permanent grass, other than a noxious weed, be planted on
the deleted text begin banksdeleted text end new text begin ditch side slopesnew text end and deleted text begin on a stripdeleted text end new text begin that a permanent strip of perennial vegetation
approved by the drainage authority be established on each side of the ditch. The approved
perennial vegetation shall not impede future maintenance of the ditch. The permanent
strips of perennial vegetation shall benew text end 16-1/2 feet in widthnew text begin measured outward from the
top edge of the constructed channel resulting from the proceeding,new text end or to the crown of
the leveled spoil bank, whichever is the greater, deleted text begin on each side of the top edge of the
channel of the ditch.deleted text end new text begin except for an action by a drainage authority that results only in a
redetermination of benefits and damages, for which the required width shall be 16-1/2
feet. Drainage system rights-of-way fornew text end the acreage and additional property required for
the deleted text begin plantingdeleted text end new text begin permanent stripsnew text end must be acquired by the authority having jurisdiction.
Sec. 2.
Minnesota Statutes 2006, section 103E.021, subdivision 2, is amended to read:
Subd. 2.
Reseeding and harvesting deleted text begin grassdeleted text end new text begin perennial vegetationnew text end .
The authority
having jurisdiction over the repair and maintenance of the drainage system shall supervise
all necessary reseeding. The permanent deleted text begin grassdeleted text end new text begin strips of perennial vegetationnew text end must be
maintained in the same manner as other drainage system repairs. Harvest of the deleted text begin grassdeleted text end new text begin
vegetationnew text end from the deleted text begin grassdeleted text end new text begin permanentnew text end strip in a manner not harmful to the deleted text begin grassdeleted text end new text begin vegetationnew text end
or the drainage system is the privilege of the fee owner or assigns. The deleted text begin countydeleted text end drainage
inspector shall establish rules for the fee owner and assigns to harvest the deleted text begin grassdeleted text end new text begin vegetationnew text end .
Sec. 3.
Minnesota Statutes 2006, section 103E.021, subdivision 3, is amended to read:
Subd. 3.
Agricultural practices prohibited.
Agricultural practices, other than
those required for the maintenance of a permanent growth of deleted text begin grassdeleted text end new text begin perennial vegetationnew text end ,
are not permitted on any portion of the property acquired for deleted text begin plantingdeleted text end new text begin perennial vegetationnew text end .
Sec. 4.
Minnesota Statutes 2006, section 103E.021, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin
Incremental implementation of vegetated ditch buffer strips and side
inlet controls.
new text end
new text begin
(a) Notwithstanding other provisions of this chapter requiring appointment
of viewers and redetermination of benefits and damages, a drainage authority may
implement permanent buffer strips of perennial vegetation approved by the drainage
authority or side inlet controls, or both, adjacent to a public drainage ditch, where
necessary, to control erosion and sedimentation, improve water quality, or maintain the
efficiency of the drainage system. The approved perennial vegetation shall not impede
future maintenance of the ditch. The permanent strips of perennial vegetation shall be
16-1/2 feet in width measured outward from the top edge of the existing constructed
channel. Drainage system rights-of-way for the acreage and additional property required
for the permanent strips must be acquired by the authority having jurisdiction.
new text end
new text begin
(b) A project under this subdivision shall be implemented as a repair according to
section 103E.705, except that the drainage authority may appoint an engineer to examine
the drainage system and prepare an engineer's repair report for the project.
new text end
new text begin
(c) Damages shall be determined by the drainage authority, or viewers, appointed by
the drainage authority, according to section 103E.315, subdivision 8. A damages statement
shall be prepared, including an explanation of how the damages were determined for each
property affected by the project, and filed with the auditor or watershed district. Within 30
days after the damages statement is filed, the auditor or watershed district shall prepare
property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2),
(6), (7), and (8), and mail a copy of the property owner's report and damages statement to
each owner of property affected by the proposed project.
new text end
new text begin
(d) After a damages statement is filed, the drainage authority shall set a time, by
order, not more than 30 days after the date of the order, for a hearing on the project. At
least ten days before the hearing, the auditor or watershed district shall give notice by mail
of the time and location of the hearing to the owners of property and political subdivisions
likely to be affected by the project.
new text end
new text begin
(e) The drainage authority shall make findings and order the repairs to be made if
the drainage authority determines from the evidence presented at the hearing and by the
viewers and engineer, if appointed, that the repairs are necessary for the drainage system
and the costs of the repairs are within the limitations of section 103E.705.
new text end
Sec. 5.
new text begin
[103E.067] DITCH BUFFER STRIP ANNUAL REPORTING.
new text end
new text begin
The drainage authority shall annually submit a report to the Board of Water and Soil
Resources for the calendar year, including:
new text end
new text begin
(1) the number and types of actions for which viewers were appointed;
new text end
new text begin
(2) the number of miles of buffer strips established according to section 103E.021;
new text end
new text begin
(3) the number of drainage system inspections conducted; and
new text end
new text begin
(4) the number of violations of section 103E.021 identified and enforcement actions
taken.
new text end
Sec. 6.
Minnesota Statutes 2006, section 103E.315, subdivision 8, is amended to read:
Subd. 8.
Extent of damages.
Damages to be paid may include:
(1) the fair market value of the property required for the channel of an open ditch
and the permanent deleted text begin grassdeleted text end stripnew text begin of perennial vegetationnew text end under section 103E.021;
(2) the diminished value of a farm due to severing a field by an open ditch;
(3) loss of crop production during drainage project construction; deleted text begin and
deleted text end
(4) the diminished productivity or land value from increased overflownew text begin ; and
new text end
new text begin (5) costs to restore a perennial vegetative cover or structural practice existing
under a federal or state conservation program adjacent to the permanent drainage system
right-of-way and damaged by the drainage projectnew text end .
Sec. 7.
Minnesota Statutes 2006, section 103E.321, subdivision 1, is amended to read:
Subdivision 1.
Requirements.
The viewers' report must show, in tabular form,
for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that
is benefited or damaged:
(1) a description of the lot or tract, under separate ownership, that is benefited or
damaged;
(2) the names of the owners as they appear on the current tax records of the county
and their addresses;
(3) the number of acres in each tract or lot;
(4) the number and value of acres added to a tract or lot by the proposed drainage of
public waters;
(5) the damage, if any, to riparian rights;
(6) the damages paid for the permanent deleted text begin grassdeleted text end stripnew text begin of perennial vegetationnew text end under
section 103E.021;
(7) the total number and value of acres added to a tract or lot by the proposed
drainage of public waters, wetlands, and other areas not currently being cultivated;
(8) the number of acres and amount of benefits being assessed for drainage of areas
which before the drainage benefits could be realized would require a public waters work
permit to work in public waters under section 103G.245 to excavate or fill a navigable
water body under United States Code, title 33, section 403, or a permit to discharge into
waters of the United States under United States Code, title 33, section 1344;
(9) the number of acres and amount of benefits being assessed for drainage of areas
that would be considered conversion of a wetland under United States Code, title 16,
section 3821, if the area was placed in agricultural production;
(10) the amount of right-of-way acreage required; and
(11) the amount that each tract or lot will be benefited or damaged.
Sec. 8.
Minnesota Statutes 2006, section 103E.701, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Restoration; disturbance or destruction by repair. new text end
new text begin
If a drainage system
repair disturbs or destroys a perennial vegetative cover or structural practice existing
under a federal or state conservation program adjacent to the permanent drainage system
right-of-way, the practice must be restored according to the applicable practice plan or
as determined by the drainage authority, if a practice plan is not available. Restoration
costs shall be paid by the drainage system.
new text end
Sec. 9.
Minnesota Statutes 2006, section 103E.705, subdivision 1, is amended to read:
Subdivision 1.
Inspection.
After the construction of a drainage system has been
completed, the drainage authority shall maintain the drainage system that is located in its
jurisdictionnew text begin ,new text end including deleted text begin grassdeleted text end new text begin the permanentnew text end stripsnew text begin of perennial vegetationnew text end under section
103E.021new text begin ,new text end and provide the repairs necessary to make the drainage system efficient. The
drainage authority shall have the drainage system inspected on a regular basis by an
inspection committee of the drainage authority or a drainage inspector appointed by the
drainage authority.new text begin Open drainage ditches shall be inspected at a minimum of every five
years when no violation of section 103E.021 is found and annually when a violation of
section 103E.021 is found, until one year after the violation is corrected.new text end
Sec. 10.
Minnesota Statutes 2006, section 103E.705, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Grassdeleted text end new text begin Permanentnew text end stripnew text begin of perennial vegetationnew text end inspection and
compliance notice.
(a) The drainage authority having jurisdiction over a drainage system
must inspect the drainage system for violations of section 103E.021. If an inspection
committee of the drainage authority or a drainage inspector determines that permanent
deleted text begin grassdeleted text end stripsnew text begin of perennial vegetationnew text end are not being maintained in compliance with section
103E.021, a compliance notice must be sent to the property owner.
(b) The notice must state:
(1) the date the ditch was inspected;
(2) the persons making the inspection;
(3) that spoil banks are to be spread in a manner consistent with the plan and function
of the drainage system andnew text begin thatnew text end the drainage system has acquired a deleted text begin grassdeleted text end new text begin permanentnew text end strip
deleted text begin 16-1/2 feet in width or to the crown of the spoil bank, whichever is greaterdeleted text end new text begin of perennial
vegetation, according to section 103E.021new text end ;
(4) the violations of section 103E.021;
(5) the measures that must be taken by the property owner to comply with section
103E.021 and the date when the property must be in compliance; and
(6) that if the property owner does not comply by the date specified, the drainage
authority will perform the work necessary to bring the area into compliance with section
103E.021 and charge the cost of the work to the property owner.
(c) If a property owner does not bring an area into compliance with section 103E.021
as provided in the compliance notice, the inspection committee or drainage inspector
must notify the drainage authority.
(d) This subdivision applies to property acquired under section 103E.021.
Sec. 11.
Minnesota Statutes 2006, section 103E.705, subdivision 3, is amended to read:
Subd. 3.
Drainage inspection report.
For each drainage system that the board
designates and requires the drainage inspector to examine, the drainage inspector shall
make a drainage inspection report in writing to the board after examining a drainage
system, designating portions that need repair or maintenance of deleted text begin grassdeleted text end new text begin the permanentnew text end
stripsnew text begin of perennial vegetationnew text end and the location and nature of the repair or maintenance.
The board shall consider the drainage inspection report at its next meeting and may repair
all or any part of the drainage system as provided under this chapter. The deleted text begin grassdeleted text end new text begin permanentnew text end
stripsnew text begin of perennial vegetationnew text end must be maintained in compliance with section 103E.021.
Sec. 12.
Minnesota Statutes 2006, section 103E.728, subdivision 2, is amended to read:
Subd. 2.
Additional assessment for agricultural practices on deleted text begin grassdeleted text end new text begin permanentnew text end
stripnew text begin of perennial vegetationnew text end .
(a) The drainage authority may, after notice and hearing,
charge an additional assessment on property that has agricultural practices on or otherwise
violates provisions related to the permanent deleted text begin grassdeleted text end stripnew text begin of perennial vegetationnew text end acquired
under section 103E.021.
(b) The drainage authority may determine the cost of the repair per mile of open
ditch on the ditch system. Property that is in violation of the grass requirement shall be
assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length
of open ditch in miles on the property in violation.
(c) After the amount of the additional assessment is determined and applied to the
repair cost, the balance of the repair cost may be apportioned pro rata as provided in
subdivision 1.