SF 3690

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; prohibiting certain local restrictions of wildlife
management areas; creating buffer areas for development; exempting certain
areas from county approval requirements; amending Minnesota Statutes 2006,
sections 97A.137, by adding a subdivision; 97A.145, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 97A.

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

Section 1.

Minnesota Statutes 2006, section 97A.137, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Exemption from certain local ordinances. new text end

new text begin (a) Wildlife management
areas established pursuant to section 86A.05, subdivision 8, and designated under section
97A.133 or 97A.145 that are 160 contiguous acres or larger are exempt from local
ordinances that limit the use and management of the unit as authorized by state law and
rule.
new text end

new text begin (b) Wildlife management areas established pursuant to section 86A.05, subdivision
8, and designated under section 97A.133 or 97A.145 that are 40 contiguous acres or
larger are exempt from local ordinances that:
new text end

new text begin (1) restrict trapping;
new text end

new text begin (2) restrict the discharge of archery equipment;
new text end

new text begin (3) restrict the discharge of shotguns with shot sizes of number four buckshot or
smaller diameter shot;
new text end

new text begin (4) restrict noise;
new text end

new text begin (5) require dogs on a leash; or
new text end

new text begin (6) would in any manner restrict the lawful uses and management of the unit.
new text end

Sec. 2.

new text begin [97A.138] BUILDING AND PROPERTY MANAGEMENT ADJACENT
TO STATE WILDLIFE MANAGEMENT AREAS.
new text end

new text begin (a) Except as provided in paragraph (b), on private land adjacent to a wildlife
management area established pursuant to section 86A.05, subdivision 8, and designated
under section 97A.133 or 97A.145:
new text end

new text begin (1) new structures shall not be built on any portion of property within 150 feet of
the boundary; and
new text end

new text begin (2) soil grade or preexisting vegetation may not be altered within 100 feet of the area.
new text end

new text begin (b) The restrictions in paragraph (a) do not apply to projects that prior to October
1, 2008, have received preliminary or final plat approval or have infrastructure that has
been installed or has local site plan approval, conditional use permits, or similar official
approval by a governing body or government agency. The restrictions in paragraph (a),
clause (2), do not apply to temporary alterations due to development activities.
new text end

Sec. 3.

Minnesota Statutes 2006, section 97A.145, subdivision 2, is amended to read:

Subd. 2.

Acquisition procedure.

(a) new text begin Except as provided in paragraph (g),
new text end lands purchased or leased under this section must be acquired in accordance with this
subdivision.

(b) The commissioner must notify the county board and the town officers where the
land is located and furnish them a description of the land to be acquired. The county board
must approve or disapprove the proposed acquisition within 90 days after being notified.
The commissioner may extend the time up to 30 days. The soil and water conservation
district supervisors shall counsel the county board on drainage and flood control and the
best utilization and capability of the land.

(c) If the county board approves the acquisition within the prescribed time, the
commissioner may acquire the land.

(d) If the county board disapproves the acquisition, it must state valid reasons.
The commissioner may not purchase or lease the land if the county board disapproves
the acquisition and states its reasons within the prescribed time period. The landowner
or the commissioner may appeal the disapproval to the district court having jurisdiction
where the land is located.

(e) The commissioner or the owner of the land may submit the proposed acquisition
to the Land Exchange Board if: (1) the county board does not give reason for disapproval,
or does not approve or disapprove the acquisition within the prescribed time period; or
(2) the court finds that the disapproval is arbitrary and capricious, or that the reasons
stated for disapproval are invalid.

(f) The Land Exchange Board must conduct a hearing and make a decision on
the acquisition within 60 days after receiving the proposal. The Land Exchange Board
must give notice of the hearing to the county board, the commissioner, the landowner,
and other interested parties. The Land Exchange Board must consider the interests of the
county, the state, and the landowner in determining whether the acquisition is in the public
interest. If a majority of the Land Exchange Board members approves the acquisition,
the commissioner may acquire the land. If a majority disapproves, the commissioner
may not purchase or lease the land.

new text begin (g) This subdivision does not apply to land acquired for the Carlos Avery and
Lamprey Pass Wildlife Management Areas.
new text end