Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 537-S.F.No. 2246 
                  An act relating to natural resources; authorizing the 
                  exchange of certain state lands in Wabasha and 
                  Fillmore counties under certain conditions; 
                  authorizing private sale of certain tax-forfeited land 
                  that borders public water in Goodhue county; exempting 
                  from certain provisions of the plumbing code a portion 
                  of the water supply system at the Wabasha county 
                  fairgrounds. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [LAND EXCHANGE; WABASHA AND FILLMORE COUNTIES.] 
           Subdivision 1.  [LEGISLATIVE AUTHORIZATION.] Pursuant to 
        Minnesota Statutes, section 94.342, subdivision 3, the 
        legislature expressly authorizes the commissioner of natural 
        resources and the land exchange board to proceed with the land 
        exchange described in this section, under the conditions 
        specified, notwithstanding the fact that the state may not 
        receive, in this exchange, riparian land as required by section 
        94.342, subdivision 3, and other applicable law. 
           Subd. 2.  [LANDS TO BE EXCHANGED.] The lands which may be 
        exchanged are those located in Wabasha and Fillmore counties 
        that are described in the "Proposal for Land Exchange" filed 
        with the department of natural resources by Dr. Lee Nauss, of 
        Rural Route 1, Mazeppa, Minnesota, on or about July 23, 1993, or 
        substantially similar lands.  The lands proposed by Dr. Nauss to 
        be given to the state in the exchange have been determined by 
        the state, in its rejection of Dr. Nauss' proposal dated on or 
        about August 30, 1993, to lack sufficient riparian land to meet 
        statutory requirements. 
           Subd. 3.  [CONDITIONS FOR APPROVAL.] If the commissioner of 
        natural resources determines that the benefits to the public in 
        this proposed exchange outweigh the loss of state-owned riparian 
        land, and all other necessary requirements for such a land 
        exchange are met, the commissioner may recommend the exchange to 
        the land exchange board, which may approve the exchange.  In 
        making the determination and related recommendation, the 
        commissioner shall include the following factors in necessary 
        deliberations:  (1) the state received from Dr. Nauss, in an 
        earlier exchange, considerably more riparian land, in the same 
        general area as included in Dr. Nauss' proposed exchange, than 
        the state gave in that earlier exchange; and (2) the particular 
        lands Dr. Nauss offered to exchange to the state in his July 23, 
        1993, proposal were purchased by Dr. Nauss expressly for 
        exchange with the state upon the recommendation of a department 
        of natural resources forester. 
           Sec. 2.  [PRIVATE SALE OF TAX-FORFEITED LAND; GOODHUE 
        COUNTY.] 
           (a) Notwithstanding Minnesota Statutes, sections 92.45 and 
        282.018, subdivision 1, and the public sale provisions of 
        Minnesota Statutes, chapter 282, Goodhue county may convey by 
        private sale the tax-forfeited land bordering public water that 
        is described in paragraph (c), under the remaining provisions of 
        Minnesota Statutes, chapter 282. 
           (b) The land described in paragraph (c) may be sold by 
        private sale to Veterans of Foreign Wars Post No. 5727 of 
        Zumbrota, Minnesota.  The conveyance must be in a form approved 
        by the attorney general. 
           (c) The land that may be conveyed is located in Goodhue 
        county and is described as: 
           (1) City of Zumbrota, Original plat, tax parcel No. 
        72-100-1410; and 
           (2) City of Zumbrota, Original plat, tax parcel No. 
        72-100-1440. 
           (d) The county has determined that the county's land 
        management interests would best be served if the lands were 
        returned to private ownership. 
           Sec. 3.  [WATER SUPPLY TO WABASHA COUNTY FAIRGROUNDS.] 
           (a) Except as provided in paragraph (b), that portion of 
        the water supply system at the Wabasha county fairgrounds that 
        is covered under department of health plan number 930051 need 
        not comply with the following provisions of the Minnesota 
        plumbing code: 
           (1) Minnesota Rules, part 4715.3130, requiring prior 
        approval of plans for plumbing systems; 
           (2) Minnesota Rules, parts 4715.0420, subpart 3, item VI, 
        and 4715.0510, item G, requiring plastic water service pipe to 
        have a working pressure rating of at least 150 pounds per square 
        inch and imposing other requirements on the use of plastic water 
        service pipe; 
           (3) Minnesota Rules, part 4715.1710, subpart 2, requiring 
        prior approval and imposing other conditions for placing a water 
        service pipe and building sewer in the same trench; 
           (4) Minnesota Rules, parts 4715.2120 and 4715.2280, 
        requiring that backflow preventing devices and water meters be 
        installed at least 12 inches above the floor; and 
           (5) Minnesota Rules, parts 4715.2800 to 4715.2830, 
        requiring that plumbing systems be inspected, tested, and 
        approved before being covered. 
           (b) If the use of the Wabasha county fairgrounds exceeds 20 
        days per year, the entire water supply system must be brought 
        into compliance with all applicable requirements of law. 
           Sec. 4.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor April 28, 1994 
           Signed by the governor April 29, 1994, 2:40 p.m.