40A.01 STATE AGRICULTURAL LAND PRESERVATION POLICY. Subdivision 1. Goals. The goals of this chapter are to: (1) preserve and conserve agricultural land, including forest land, for long-term agricultural use in order to protect the productive natural resources of the state, maintain the farm and farm-related economy of the state, and assure continued production of food […]
40A.02 DEFINITIONS. Subdivision 1. Terms defined. As used in this chapter, the terms defined in this section have the meanings given them. Subd. 2. [Repealed, 1991 c 345 art 2 s 69] Subd. 3. Agricultural use. “Agricultural use” means the production of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or […]
40A.04 STATEWIDE AGRICULTURAL LAND PRESERVATION. Subdivision 1. Counties. A county located outside of the metropolitan area may submit to the commissioner and to the regional development commission in which it is located, if one exists, a proposed agricultural land preservation plan and proposed official controls implementing the plan. To the extent practicable, submission of the […]
40A.05 ELEMENTS OF PLAN AND OFFICIAL CONTROLS. Subdivision 1. General. The plans and official controls prepared under this chapter must be adopted in accordance with the provisions of chapter 394 or 462 that apply to comprehensive plans and official controls and must address the elements contained in this section. Subd. 2. Plan. A plan must […]
40A.06 CONTESTED CASE HEARINGS; JUDICIAL REVIEW. If a county or a municipality in the county disputes the determination of the commissioner relating to whether the plan and controls address the elements under this chapter, the county or municipality may request that the commissioner initiate a contested case proceeding under chapter 14 within 30 days after […]
40A.07 MUNICIPAL AGRICULTURAL LAND PRESERVATION. Subdivision 1. Failure by county to plan. As of January 1, 1990, if a county has not submitted a proposed agricultural land preservation plan and proposed official controls to the commissioner and the regional development commission, if one exists, a municipality within the county may request by resolution that the […]
40A.071 AMENDED PLAN AND CONTROLS. A county or municipality that has adopted a plan and official controls under this chapter may amend the plan and controls under the initial review procedure contained in section 40A.04. History: 1Sp1985 c 13 s 139
40A.09 AGRICULTURAL PRESERVE; ELIGIBILITY. An owner or owners of land that has been designated for exclusive long-term agricultural use under a plan submitted to or approved by the commissioner is eligible to apply for the creation of an agricultural preserve. Eligibility continues unless the commissioner determines that the plan and official controls do not address […]
40A.10 APPLICATION FOR CREATION OF AGRICULTURAL PRESERVE. Subdivision 1. Contents. An eligible person may apply to the county in which the land is located for the creation of an agricultural preserve on forms provided by the commissioner. In case a preserve is located in more than one county, the application must be submitted to the […]
40A.11 DURATION OF AGRICULTURAL PRESERVE. Subdivision 1. General. An agricultural preserve continues in existence until either the owner or the county initiates expiration as provided in this section. The date of expiration by the owner or the county must be at least eight years from the date of notice under this section. Subd. 2. Termination […]
40A.12 PROTECTION FOR NORMAL AGRICULTURAL PRACTICES. Local governments may not enact ordinances or regulations that may restrict or regulate normal agricultural practices within an agricultural preserve unless the restriction or regulation has a direct relationship to public health and safety. This section applies to the operation of vehicles and machinery for planting, maintaining, and harvesting […]
40A.121 ANNEXATION PROCEEDINGS. Subdivision 1. Annexation prohibited. Land within an agricultural preserve that is within a township may not be annexed to a municipality under chapter 414, unless the chief administrative law judge of the state Office of Administrative Hearings finds that either: (1) the owner or the county has initiated termination of the zone […]
40A.122 EMINENT DOMAIN ACTIONS. Subdivision 1. Applicability. An agency of the state, a public benefit corporation, a local government, or any other entity with the power of eminent domain under chapter 117, except a public utility as defined in section 216B.02, a municipal electric or gas utility, a municipal power agency, a cooperative electric association […]
40A.123 LIMITATION ON CERTAIN PUBLIC PROJECTS. Subdivision 1. Projects and assessments prohibited; exception. Notwithstanding any other law, construction projects for public sanitary sewer systems, public water systems, and public drainage systems are prohibited in exclusive agricultural use zones. New connections between land or buildings in a zone and public projects are prohibited. Land in a […]
40A.13 SOIL CONSERVATION PRACTICES. Subdivision 1. Conservation practices to prevent soil loss required. An owner of agricultural land in an agricultural preserve shall manage the land with sound soil conservation practices that prevent excessive soil loss according to the model ordinance adopted by the commissioner. The model ordinance and sections 103F.401 to 103F.455, and sections […]
40A.14 AGRICULTURAL LAND PRESERVATION AND CONSERVATION AWARENESS PROGRAM. Subdivision 1. Establishment and administration. An agricultural land preservation and conservation awareness program is created. The commissioner shall administer the program as provided in this section. The purposes of the program are to promote and increase public awareness of: (1) the need for agricultural land preservation and […]
40A.15 AGRICULTURAL LAND PRESERVATION AND CONSERVATION ASSISTANCE PROGRAM. Subdivision 1. Establishment and administration. An agricultural land preservation and conservation assistance program is created to provide technical and financial assistance for agricultural land preservation and conservation activities and to provide assistance to counties and municipalities in preparing agricultural land preservation plans and official controls. The commissioner […]
40A.151 MINNESOTA CONSERVATION FUND. Subdivision 1. Establishment. The Minnesota conservation fund is established as an account in the state treasury. Money from counties under section 40A.152 must be deposited in the state treasury and credited one-half to the Minnesota conservation fund account and one-half to the general fund. Subd. 2. Use of fund. Money in […]
40A.152 COUNTY CONSERVATION FEE; ACCOUNT. Subdivision 1. Fee. A county that is a metropolitan county under section 473.121, subdivision 4, has allowed exclusive agricultural zones to be created under this chapter, or has elected to become an agricultural land preservation pilot county, shall impose an additional fee of $5 per transaction on the recording or […]
40A.16 INTERAGENCY COOPERATION. The board, districts, the agency, and the Department of Natural Resources shall cooperate with and assist the commissioner in developing and implementing the agricultural land preservation and conservation awareness and assistance programs. The commissioner may enter into agreements under which staff from those agencies are loaned for the purpose of administering the […]
