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Minnesota Legislature

Office of the Revisor of Statutes

    Subdivision 1. General. A wetland preservation area continues in existence until the owner
initiates expiration as provided in this section. The date of expiration must be at least eight years
from the date of notice under this section.
    Subd. 2. Termination by owner. The owner may initiate expiration of a wetland preservation
area by notifying the county on a form prepared by the Board of Water and Soil Resources and
made available in each county. The notice must describe the property involved and must state
the date of expiration. The notice may be rescinded by the owner during the first two years
following notice.
    Subd. 3. Notice and recording; termination. When the county receives notice under
subdivision 2, the county shall forward the original notice to the county recorder for recording or
to the registrar of titles for filing if the land is registered and shall notify the regional development
commission, where applicable, the Board of Water and Soil Resources, and the county soil
and water conservation district of the date of expiration. The benefits and limitations of the
wetland preservation area and the restrictive covenant filed with the application cease on the
date of expiration. If the land is registered, the registrar of titles shall cancel the memorial of
the application containing the restrictive covenant upon the certificate of title on the effective
date of the expiration.
    Subd. 4. Early expiration. A wetland preservation area may be terminated earlier than as
provided in this section only in the event of a public emergency upon petition from the owner or
county to the governor. The determination of a public emergency must be made by the governor
through executive order under section 4.035 and chapter 12. The executive order must identify the
wetland preservation area, the reasons requiring the action, and the date of expiration.
History: 1991 c 354 art 4 s 2; 1999 c 11 art 1 s 6