SF 2960

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; restricting road 
  1.3             authorities from changing roads over natural areas; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 160. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [160.825] [ROADS IN NATURAL AREAS.] 
  1.8      Subdivision 1.  [DEFINITION.] "Natural area" means publicly 
  1.9   owned land of a park; recreation area; wildlife or waterfowl 
  1.10  refuge of national, state, or local significance; native 
  1.11  prairie; calcareous fens; designated trout streams; natural 
  1.12  springs; and historic sites. 
  1.13     Subd. 2.  [RESTRICTIONS.] A road authority may not 
  1.14  construct or change the width, grade, or alignment of a road 
  1.15  over a natural area that would affect wildlife habitat or damage 
  1.16  a natural area unless: 
  1.17     (1) the change is required to permit the safe travel of 
  1.18  vehicles at the speed lawfully designated for the natural area, 
  1.19  in which case the change must be made; 
  1.20     (2) there is no prudent and feasible alternative to using 
  1.21  the land involved in the construction or change; 
  1.22     (3) all reasonable steps are taken to minimize harm to the 
  1.23  natural area; and 
  1.24     (4) there is no feasible public transportation alternative 
  1.25  to the construction of or change in the road. 
  2.1      Sec. 2.  [EFFECTIVE DATE.] 
  2.2      Section 1 is effective August 1, 1998, and applies to any 
  2.3   project for which a road authority has not obligated funds 
  2.4   before that date.