103F.516 PERMANENT WETLANDS PRESERVE.
Subdivision 1. Easements.
Upon application by a landowner, the board may acquire
permanent easements and may pay for the cost of related capital improvement projects to preserve
or restore wetlands on land containing type 1, 2, 3, 4, 5, or 6 wetlands, as defined in United States
Fish and Wildlife Service Circular No. 39 (1971 edition), public waters wetlands, or public waters.
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
(b) A permanent easement may include four adjacent upland acres of land for each acre of
wetlands, public waters wetlands, or public waters included.
(c) The easement must require that the landowner control noxious weeds in accordance
(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 landowner, 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, public waters wetlands, or public waters located outside of the metropolitan counties, as
defined in section
473.121, subdivision 4
, and wetlands located on agricultural lands within a
(2) for wetlands, public waters wetlands, or public waters 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; or
(3) for wetlands, public waters wetlands, or public waters connected to a public or private
drainage system, an amount determined by the board based on the fair market value of the land if
drainage infrastructure were restored.
(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
History: 1991 c 354 art 3 s 1; 1994 c 627 s 2; 1995 c 186 s 29; 2001 c 146 s 1-3