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SF 1908

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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A bill for an act
relating to natural resources; establishing the
Shooting Range Protection Act; requiring expedited
rulemaking; proposing coding for new law as Minnesota
Statutes, chapter 87A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [87A.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this
section apply to sections 87A.01 to 87A.08.
new text end

new text begin Subd. 2. new text end

new text begin Person. new text end

new text begin "Person" means an individual,
association, proprietorship, partnership, corporation, club,
political subdivision, or other legal entity.
new text end

new text begin Subd. 3. new text end

new text begin Shooting range or range. new text end

new text begin "Shooting range" or
"range" means an area or facility designated or operated
primarily for the use of firearms, as defined in section
97A.015, subdivision 19, or archery, and includes shooting
preserves as described in section 97A.115 or any other Minnesota
law.
new text end

new text begin Subd. 4. new text end

new text begin Shooting range performance standards. new text end

new text begin "Shooting
range performance standards" means those rules adopted by the
commissioner of natural resources under section 87A.02 for the
safe operation of shooting ranges.
new text end

new text begin Subd. 5. new text end

new text begin Local unit of government. new text end

new text begin "Local unit of
government" means a home rule charter or statutory city, county,
town, or other political subdivision.
new text end

Sec. 2.

new text begin [87A.02] SHOOTING RANGE PERFORMANCE STANDARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Adoption of standards; review. new text end

new text begin (a) The
commissioner of natural resources must develop and adopt
shooting range performance standards, according to the expedited
rulemaking process under section 14.389. The shooting range
performance standards must provide for compliance with
applicable noise standards under section 87A.05 and for the safe
use of shooting ranges within their boundaries, including the
containment of projectiles.
new text end

new text begin (b) The shooting range performance standards must provide
for the operation of shooting preserves within the boundaries of
the preserve, including an exemption from any discharge distance
limitations generally applicable to hunting on other land, when
the shooting preserve is in compliance with all other applicable
laws and is in operation on or before the effective date of the
performance standards adopted under this section or prior to the
development of any structure that would cause the preserve to be
out of compliance with the discharge distance.
new text end

new text begin (c) The commissioner must review the shooting range
performance standards at least once every five years and revise
them if necessary for the safe operation of shooting ranges.
new text end

new text begin (d) In the adoption of any amendments to the shooting range
performance standards adopted under paragraph (a), the
commissioner shall follow all notice and public hearing
requirements for the regular rule adoption process under
sections 14.001 to 14.28.
new text end

new text begin Subd. 2. new text end

new text begin Interim standards. new text end

new text begin Until the commissioner of
natural resources adopts the shooting range performance
standards under subdivision 1, paragraph (a), the November 1999
revised edition of the National Rifle Association's Range Source
Book: A Guide to Planning and Construction shall serve as the
interim shooting range performance standards, having the full
effect of the shooting range performance standards for purposes
of this chapter. The interim shooting range performance
standards sunset and have no further effect under this chapter
upon the effective date of the shooting range performance
standards adopted under subdivision 1, paragraph (a).
new text end

Sec. 3.

new text begin [87A.03] COMPLIANT RANGES; AUTHORIZED
ACTIVITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Authorized activities. new text end

new text begin A shooting range
that operates in compliance with the shooting range performance
standards must be permitted to do all of the following within
its geographic boundaries, under the same or different ownership
or occupancy, if done in accordance with shooting range
performance standards:
new text end

new text begin (1) operate the range and conduct activities involving the
discharge of firearms;
new text end

new text begin (2) expand or increase its membership or opportunities for
public participation related to the primary activity as a
shooting range;
new text end

new text begin (3) make those repairs or improvements desirable to meet or
exceed requirements of shooting range performance standards;
new text end

new text begin (4) increase events and activities related to the primary
activity as a shooting range;
new text end

new text begin (5) conduct shooting activities and discharge firearms
daily between 7:00 a.m. and 10:00 p.m. A local unit of
government with zoning jurisdiction over a shooting range may
extend the hours of operation by the issuance of a special or
conditional use permit; and
new text end

new text begin (6) acquire additional lands to be used for buffer zones or
noise mitigation efforts or to otherwise comply with this
chapter.
new text end

new text begin Subd. 2. new text end

new text begin Nonconforming use. new text end

new text begin A shooting range that is a
nonconforming use shall be allowed to conduct additional
shooting activities within the range's lawful property
boundaries as of the date the range became a nonconforming use,
provided the shooting range remains in compliance with noise and
shooting range performance standards under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Compliance with other law. new text end

new text begin Nothing in this
section exempts any newly constructed or remodeled building on a
shooting range from compliance with fire safety, handicapped
accessibility, elevator safety, bleacher safety, or other
provisions of the State Building Code that have mandatory
statewide application.
new text end

Sec. 4.

new text begin [87A.04] MITIGATION AREA.
new text end

new text begin (a) Except for those uses, developments, and structures in
existence or for which approval has been granted by October 1,
2005, or as provided in paragraph (b), no change in use, new
development, or construction of a structure shall be approved
for any portion of property within 750 feet of the perimeter
property line of an outdoor shooting range if the change in use,
development, or construction would cause an outdoor shooting
range in compliance with this chapter to become out of
compliance.
new text end

new text begin (b) A change in use, new development, or construction of a
structure subject to this section may be approved if the person
seeking the approval or, at the discretion of the governing
body, the approving authority agrees to provide any mitigation
required to keep the range in compliance with this chapter. The
person requesting an approval subject to this section is
responsible for providing documentation if no mitigation is
required under this section. Failure to provide the
documentation or any mitigation required under this section
exempts the range from being found out of compliance with the
shooting range performance and noise standards of this chapter
with regard to the property responsible for the mitigation if
the failure to provide the documentation or required mitigation
is the sole basis for the range being out of compliance with the
shooting range performance standards. Any action brought by the
owner of the property against the range is subject to section
87A.06. With the permission of the range operator, any
mitigation required under this section may be provided on the
range property.
new text end

Sec. 5.

new text begin [87A.05] NOISE STANDARDS.
new text end

new text begin Allowable noise levels for the operation of a shooting
range are the levels determined by replacing the steady state
noise L10 and L50 state standards for each period of time within
each noise area's classification with a single Leq(h) standard
for impulsive noise that is two dBA lower than that of the L10
level for steady state noise. The noise level shall be measured
outside of the range property at the location of the receiver's
activity according to Minnesota Rules, parts 7030.0010 to
7030.0080, as in effect on the effective date of this act. For
purposes of this section, "Leq(h)" means the energy level that
is equivalent to a steady state level that contains the same
amount of sound energy as the time varying sound level for a
60-minute time period.
new text end

Sec. 6.

new text begin [87A.06] NUISANCE ACTIONS; COMPLIANCE WITH
SHOOTING RANGE PERFORMANCE STANDARDS.
new text end

new text begin A person who owns, operates, or uses a shooting range in
this state that is in compliance with shooting range performance
standards is not subject to any nuisance action for damages or
equitable relief based on noise or other matters regulated by
the shooting range performance standards. This section does not
prohibit other actions.
new text end

Sec. 7.

new text begin [87A.07] CLOSURE OF SHOOTING RANGES.
new text end

new text begin Subdivision 1. new text end

new text begin Closure. new text end

new text begin Except as otherwise provided in
sections 87A.01 to 87A.08, a shooting range that is in
compliance with shooting range performance standards and the
requirements of sections 87A.01 to 87A.08 shall not be forced to
permanently close or permanently cease any activity related to
the primary use of the shooting range unless the range or
activity is found to be a clear and immediate safety hazard by a
court of competent jurisdiction. In any action brought to
compel the permanent closure of any range in compliance with
shooting range performance standards and this chapter, or to
permanently cease any activity related to the primary use of the
shooting range, there is a rebuttable presumption that the range
or activity is not a clear and immediate safety hazard. If the
shooting range provides evidence that the cause of a proven
safety hazard can be mitigated so as to eliminate the safety
hazard, the court shall not order the permanent closure of the
range, or permanent ceasing of the activity found to be a clear
and immediate safety hazard, unless the range operator fails to
implement the necessary mitigation to remove the safety hazard
by the date that is determined reasonable by the court.
new text end

new text begin Subd. 2. new text end

new text begin Preliminary injunctions. new text end

new text begin Nothing in this
section prohibits a court from granting a preliminary injunction
against any activity determined to be a probable clear and
immediate safety hazard, or against any individual determined to
be the probable cause of an alleged clear and immediate safety
hazard, pending the final determination of the existence of the
safety hazard.
new text end

new text begin Subd. 3. new text end

new text begin Permanent injunctions. new text end

new text begin A court may grant a
permanent injunction only against a particular activity or
person instead of permanently closing the range unless the court
finds that the remaining operations also pose a safety hazard
under this section.
new text end

Sec. 8.

new text begin [87A.08] APPLICABILITY OF OTHER LAWS.
new text end

new text begin Subdivision 1. new text end

new text begin Public safety laws; zoning. new text end

new text begin (a) Nothing
in this chapter prohibits enforcement of any federal law. To
the extent consistent with this chapter, other state laws
regarding the health, safety, and welfare of the public may be
enforced. To the extent consistent with this chapter, a local
unit of government with zoning authority jurisdiction over a
shooting range may enforce its applicable ordinances and permits.
Nothing in this chapter shall supersede more restrictive
regulation of days and hours of operation imposed by the terms
and conditions of ordinances and permits that are in effect on
the effective date of this section.
new text end

new text begin (b) If the operator of the shooting range shows evidence
that the range can be brought into compliance with the
applicable state law, local ordinance, or permit, the range may
not be permanently closed unless the range operator fails to
bring the range into compliance with the applicable law,
ordinance, or permit under this section by the date that the
court determines reasonable. Nothing in this section prohibits
a court from granting a preliminary injunction against any
activity determined to be a violation of a law, ordinance, or
permit under this section or against any individual determined
to be causing an alleged violation, pending the final
determination of the existence of the violation.
new text end

new text begin Subd. 2. new text end

new text begin Permanent injunctions. new text end

new text begin A court may grant a
permanent injunction only against a particular activity or
person instead of permanently closing the range unless the court
finds that the remaining operations also create a violation
under this section.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 are effective the day following final
enactment.
new text end