SF 2635

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; authorizing regulation of certain public lands in
Aitkin County; repealing the authority for Aitkin County regulation of certain
public land interests; repealing Laws 1988, chapter 658, section 1.

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

Section 1. new text begin LOCAL PUBLIC LAND ORDINANCES.
new text end

new text begin Subdivision 1. new text end

new text begin Regulation. new text end

new text begin Any town or city within Aitkin County may regulate
by ordinance the use of lands within its boundaries that are adjacent to public waters
and dedicated to the public or for public use but not owned by the state or held in the
corporate name of a home rule charter or statutory city or other political subdivision. The
ordinance may regulate the times and types of uses of the lands, including the placement
of structures, the parking of vehicles or trailers, and the placement of docks and boats on
the lands or in waters adjacent to them. The ordinance may make different provisions
for times and types of uses for each separate parcel of land affected by the ordinance.
The ordinance may provide penalties permitted by Minnesota Statutes, section 368.01,
subdivision 22, or section 412.231. The ordinance is not required to include every parcel
of land possibly subject to this section.
new text end

new text begin The enactment of an ordinance pursuant to this section shall not be construed to be
the acquisition of any affected parcel of land by the town. The exercise of regulatory
authority under the ordinance shall not be construed as the adoption of any affected parcel
for maintenance, supervision, or any other proprietary purpose by the town.
new text end

new text begin Subd. 2. new text end

new text begin Local approval. new text end

new text begin This section takes effect as to each town or city the day
after the governing body of that town or city complies with Minnesota Statutes, section
645.021, subdivision 3.
new text end

Sec. 2. new text begin COUNTY LAND ORDINANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Regulation. new text end

new text begin If a town or city notifies the Aitkin County Board of
Commissioners that the town or city does not intend to adopt ordinances under section 1,
or if a town or city has not adopted ordinances under section 1 within two years from the
effective date of this act, the Aitkin County Board of Commissioners may regulate, within
the boundaries of the town or city, the lands described in the manner described in section 1.
new text end

new text begin Subd. 2. new text end

new text begin Local approval. new text end

new text begin This section takes effect the day after the Aitkin County
Board of Commissioners complies with Minnesota Statutes, section 645.021, subdivision
3.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Laws 1988, chapter 658, section 1, new text end new text begin is repealed.
new text end