Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 415-S.F.No. 2301 
           An act relating to water and soil resources; lands 
          eligible for the reinvest in Minnesota program; 
          amending Minnesota Statutes 1990, sections 103F.505; 
          103F.511, by adding a subdivision; and Minnesota 
          Statutes 1991 Supplement, section 103F.515, 
          subdivision 2.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 103F.505, is 
amended to read: 
    103F.505 [PURPOSE AND POLICY.] 
    It is the purpose of sections 103F.505 to 103F.531 to keep 
certain marginal agricultural land out of crop production to 
protect soil and water quality and support fish and wildlife 
habitat.  It is state policy to encourage the retirement of 
marginal, highly erodible land, particularly land adjacent to 
public waters and, drainage systems, wetlands, and locally 
designated priority waters, from crop production and to 
reestablish a cover of perennial vegetation.  
    Sec. 2.  Minnesota Statutes 1990, section 103F.511, is 
amended by adding a subdivision to read: 
    Subd. 8a.  [RIPARIAN LAND.] "Riparian land" means lands 
adjacent to public waters, drainage systems, wetlands, or 
locally designated priority waters identified in a comprehensive 
local water plan, as defined in section 103B.3363, subdivision 3.
    Sec. 3.  Minnesota Statutes 1991 Supplement, section 
103F.515, subdivision 2, is amended to read: 
    Subd. 2.  [ELIGIBLE LAND.] (a) Land may be placed in the 
conservation reserve program if the land meets the requirements 
of paragraphs (b) and (c).  
    (b) Land is eligible if the land: 
    (1) is marginal agricultural land; 
    (2) is adjacent to marginal agricultural land and is either 
beneficial to resource protection or necessary for efficient 
recording of the land description; 
    (3) consists of a drained wetland; 
    (4) is land that with a windbreak would be beneficial to 
resource protection; 
    (5) is land in a sensitive groundwater area; 
    (6) is cropland adjacent to public waters riparian land; 
    (7) is cropland or noncropland adjacent to restored 
wetlands to the extent of up to four acres of cropland or one 
acre of noncropland for each acre of wetland restored; 
    (8) is a woodlot on agricultural land; 
    (9) is abandoned building site on agricultural land, 
provided that funds are not used for compensation of the value 
of the buildings; or 
    (10) is land on a hillside used for pasture.  
    (c) Eligible land under paragraph (a) must: 
    (1) have been owned by the landowner on January 1, 1985, or 
be owned by the landowner, or a parent or other blood relative 
of the landowner, for at least one year before the date of 
application; 
    (2) be at least five acres in size, except for a windbreak, 
woodlot, or abandoned building site, or be a whole field as 
defined by the United States Agricultural Stabilization and 
Conservation Services; 
    (3) not be set aside, enrolled or diverted under another 
federal or state government program; and 
    (4) have been in agricultural crop production for at least 
two of the last five years before the date of application during 
the period 1981 to 1985 except drained wetlands, riparian lands, 
woodlots, abandoned building sites, or land on a hillside used 
for pasture. 
    (d) The enrolled land of a landowner may not exceed 20 
percent of the average farm size in the county where the land is 
being enrolled according to the average farm size determined by 
the United States Department of Agriculture, Census of 
Agriculture.  
    (e) In selecting drained wetlands for enrollment in the 
program, the highest priority must be given to wetlands with a 
cropping history during the period 1976 to 1985. 
    (f) In selecting land for enrollment in the program, 
highest priority must be given to permanent easements that are 
consistent with the purposes stated in section 103F.505. 
    Presented to the governor April 3, 1992 
    Signed by the governor April 7, 1992, 2:58 p.m.