473H.01 CITATION; POLICY; PURPOSE. Subdivision 1. Citation. Sections 473H.02 to 473H.17 may be cited as the “Metropolitan Agricultural Preserves Act.” Subd. 2. Policy; purpose. It is the policy of the state to encourage the use and improvement of its agricultural lands for the production of food and other agricultural products. It is the purpose of […]
473H.02 DEFINITIONS. Subdivision 1. Terms. For purposes of sections 473H.02 to 473H.17 the terms defined in this section shall have the meanings given them. Subd. 2. Agricultural preserve or preserve. “Agricultural preserve” or “preserve” means a land area created and restricted according to section 473H.05 to remain in agricultural use. Subd. 3. Agricultural use. “Agricultural […]
473H.03 REQUIRED SIZE OF PARCEL; EXCEPTIONS. Subdivision 1. 40 acres or more. Long-term agricultural land comprising 40 or more acres shall be eligible for designation as an agricultural preserve. Subd. 2. If noncontiguous. Noncontiguous parcels may be included to achieve the minimum acreage requirement in subdivision 1, provided that each parcel is at least ten […]
473H.04 AUTHORITY MUST CERTIFY ELIGIBLE PRESERVE LANDS. Subdivision 1. With maps; published notice. Each authority in the metropolitan area having land classified agricultural pursuant to section 273.13 shall certify by resolution using appropriate maps which lands, if any, are eligible for designation as agricultural preserves. Maps shall be in sufficient detail to identify eligible lands […]
473H.05 APPLICATION; COVENANT AGREEMENT. Subdivision 1. Before June 1 for next year’s taxes. An owner or owners of certified long-term agricultural land may apply to the authority with jurisdiction over the land on forms provided by the commissioner of agriculture for the creation of an agricultural preserve at any time. Land for which application is […]
473H.06 NOTIFICATION. Subdivision 1. Application. Upon receipt of an application, the authority shall determine if all material required in section 473H.05 has been submitted and, if so, shall determine that the application is complete. When used in this chapter, the term “date of application” means the date the application is determined complete by the authority. […]
473H.07 COMMENCEMENT OF PRESERVE. A land area shall be deemed an agricultural preserve and subject to all the benefits and restrictions of sections 473H.02 to 473H.17 commencing 30 days from the date of application. History: 1980 c 566 s 7
473H.08 DURATION. Subdivision 1. Till expiration started. Agricultural preserves shall continue until the landowner, the authority, or a state agency or governmental unit initiates expiration as provided in this section. Subd. 2. Expiration by landowner. A landowner may initiate expiration by notifying the authority on a form provided by the commissioner of agriculture. The notice […]
473H.09 EARLY TERMINATION. Subdivision 1. Public emergency. Termination of an agricultural preserve earlier than a date derived through application of section 473H.08 may be permitted in the event of a public emergency upon petition from the owner or authority to the governor. The determination of a public emergency shall be by the governor through executive […]
473H.10 AD VALOREM PROPERTY TAXES. Subdivision 1. Valuation, assessment. Real property within an agricultural preserve shall be valued and assessed pursuant to chapter 273, except as provided in this section. Subd. 2. No nonagricultural factors. All land classified agricultural and in agricultural use, exclusive of buildings, shall be valued solely with reference to its appropriate […]
473H.11 LIMITATION ON CERTAIN PUBLIC PROJECTS. Notwithstanding chapter 429, construction projects for public sanitary sewer systems and public water systems benefiting land or buildings in agricultural preserves shall be prohibited. New connections between land or buildings in agricultural preserves and sanitary sewers or water systems shall be prohibited. Public sanitary sewer systems, public stormwater sewer […]
473H.12 PROTECTION FOR NORMAL FARM PRACTICES. Local governments and counties shall be prohibited from enacting or enforcing ordinances or regulations within an agricultural preserve which would, as adopted or applied, unreasonably restrict or regulate normal farm structures or farm practices in contravention of the purpose of sections 473H.02 to 473H.17 unless the restriction or regulation […]
473H.14 ANNEXATION PROCEEDINGS. Agricultural preserve land within a township shall not be annexed to a municipality pursuant to chapter 414, without a specific finding by the chief administrative law judge of the state Office of Administrative Hearings that either (a) the expiration period as provided for in section 473H.08 has begun; (b) the township due […]
473H.15 EMINENT DOMAIN ACTIONS. Subdivision 1. Follow procedures here. Any agency of the state, any public benefit corporation, any local, county or regional unit of government, or any other entity possessing powers of eminent domain under chapter 117, shall follow the procedures contained in this section before (1) acquiring any land or easement having a […]
473H.16 CONSERVATION. Subdivision 1. Unsound conservation practices described. Land within an agricultural preserve shall be farmed and otherwise managed according to sound soil and water conservation management practices. Management practices which are not sound shall be any use of the land resulting in wind or water erosion in excess of the soil loss tolerance for […]
473H.17 LAND USE. Subdivision 1. For agricultural production. Land within an agricultural preserve shall be maintained for agricultural production. The average maximum density of residential structures within an agricultural preserve shall not exceed one unit per 40 acres. The location of any new structure shall conform to locally applicable zoning regulations. Commercial and industrial uses […]
473H.18 TRANSFER FROM AGRICULTURAL PROPERTY TAX LAW TREATMENT. When land which has been receiving the special agricultural valuation and tax deferment provided in section 273.111 becomes an agricultural preserve pursuant to sections 473H.02 to 473H.17, the recapture of deferred tax and special assessments, as provided in section 273.111, subdivisions 9 and 11, shall not be […]
