1998 Minnesota Statutes

     103F.516 Permanent wetlands preserve. 

    Subdivision 1.    Easements.  Upon application by a 
 landowner, the board may acquire permanent easements on land 
 containing type 1, 2, 3, or 6 wetlands, as defined in United 
 States Fish and Wildlife Service Circular No. 39 (1971 edition). 

    Subd. 2.    Nature of property rights acquired.  (a) The 
 nature of property rights acquired in an easement under this 
 section must be consistent with the provisions of section 
 103F.515, subdivision 4. 

    (b) A permanent easement may include four adjacent upland 
 acres of land for each acre of wetland included.  

    (c) The easement must require that the landowner control 
 noxious weeds in accordance with sections 18.77 to 18.88.  

    (d) The permanent easement must be conveyed to the state in 
 recordable form free of any prior title, lien, or encumbrance 
 and must provide for a right of entry by the state for 
 inspection and correction of violations. 

    Subd. 3.    Payment.  (a) Payment for the conservation 
 easement may be made in ten equal annual payments or, at the 
 option of the land owner, in a lump sum at: 

    (1) 50 percent of the township average equalized estimated 
 market value of agricultural property as established by the 
 commissioner of revenue at the time of easement application for 
 wetlands located outside of the metropolitan counties, as 
 defined in section 473.121, subdivision 4, and wetlands located 
 on agricultural lands within a metropolitan county; or 

    (2) for wetlands located on nonagricultural land within the 
 metropolitan county, 20 percent of the township average 
 equalized estimated market value of agricultural property as 
 established by the commissioner of revenue at the time of 
 easement application. 

    (b) Payment for adjacent upland acreage of cropped and 
 noncropped land under subdivision 2, paragraph (b), must be made 
 at 90 percent and 60 percent, respectively, of the township 
 average equalized market value of agricultural land as 
 established by the commissioner of revenue at the time of 
 easement application. 

    Subd. 4.    Enforcement and corrections.  Enforcement of 
 the permanent easement and violation corrections is governed by 
 section 103F.515, subdivisions 8 and 9. 

    Subd. 5.    Available funds.  A property owner eligible 
 for payments under this section must receive payments to the 
 extent that funds are available.  If funds are not available and 
 payments are not made, restrictions on the use of the property 
 owner's wetlands are terminated under this section. 

    HIST: 1991 c 354 art 3 s 1; 1994 c 627 s 2; 1995 c 186 s 29