Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
87A.04 MITIGATION AREA.
(a) Except for those uses, developments, and structures in existence or for which approval
has been granted by October 1, 2005, or as provided in paragraph (b), no change in use, new
development, or construction of a structure shall be approved for any portion of property within
750 feet of the perimeter property line of an outdoor shooting range if the change in use,
development, or construction would cause an outdoor shooting range in compliance with this
chapter to become out of compliance.
(b) A change in use, new development, or construction of a structure subject to this section
may be approved if the person seeking the approval or, at the discretion of the governing body, the
approving authority agrees to provide any mitigation required to keep the range in compliance
with this chapter. The person requesting an approval subject to this section is responsible for
providing documentation if no mitigation is required under this section. Failure to provide the
documentation or any mitigation required under this section exempts the range from being found
out of compliance with the shooting range performance and noise standards of this chapter with
regard to the property responsible for the mitigation if the failure to provide the documentation
or required mitigation is the sole basis for the range being out of compliance with the shooting
range performance standards. Any action brought by the owner of the property against the range
is subject to section 87A.06. With the permission of the range operator, any mitigation required
under this section may be provided on the range property.
History: 2005 c 105 s 4
(a) Except for those uses, developments, and structures in existence or for which approval
has been granted by October 1, 2005, or as provided in paragraph (b), no change in use, new
development, or construction of a structure shall be approved for any portion of property within
750 feet of the perimeter property line of an outdoor shooting range if the change in use,
development, or construction would cause an outdoor shooting range in compliance with this
chapter to become out of compliance.
(b) A change in use, new development, or construction of a structure subject to this section
may be approved if the person seeking the approval or, at the discretion of the governing body, the
approving authority agrees to provide any mitigation required to keep the range in compliance
with this chapter. The person requesting an approval subject to this section is responsible for
providing documentation if no mitigation is required under this section. Failure to provide the
documentation or any mitigation required under this section exempts the range from being found
out of compliance with the shooting range performance and noise standards of this chapter with
regard to the property responsible for the mitigation if the failure to provide the documentation
or required mitigation is the sole basis for the range being out of compliance with the shooting
range performance standards. Any action brought by the owner of the property against the range
is subject to section 87A.06. With the permission of the range operator, any mitigation required
under this section may be provided on the range property.
History: 2005 c 105 s 4
Official Publication of the State of Minnesota
Revisor of Statutes