Eminent Domain Restrictions Resulting from the Kelo Decision
Minnesota Statutes § 117.025 et seq. establishes that eminent domain may be used only for a public use or a public purpose. The statute specifies that “public benefits of economic development, including an increase in tax base, tax revenues, employment, or general economic health, do not by themselves constitute a public use or public purpose.”
Granting of a Zoning Variance
Minnesota H.B. 52 of 2011 amends the standards for a county, city, or town zoning authority to grant a variance to a zoning control. A variance may be granted if 1. the property owner proposes to use the property in a reasonable manner not permitted by an official control, 2. the plight of the landowner is due to circumstances unique to the property not created by the landowner; and 3. the variance, if granted, will not alter the essential character of the locality.
Environment and Natural Resources Trust Fund
The Environment and Natural Resources Trust Fund was established by constitutional amendment in November 1988. The Trust Fund dedicates 40% of net Minnesota State Lottery proceeds for the public purpose of protection, conservation, preservation, and enhancement of the state’s air, water, land, fish, wildlife, and other natural resources. This dedication was continued through December 2024 after passage of a constitutional amendment in November 1998. Applications for project funding by the Trust Fund are made to the Legislative-Citizen Commission on Minnesota Resources (LCCMR), composed of 10 state legislators and seven citizen members. The LCCMR makes project funding recommendations to the Minnesota State Legislature, which in turn must pass, and the governor subsequently approve, a bill allocating the funds.
100 Rev. Dr. Martin Luther King Jr. Blvd
State Office Building, Room 65
St. Paul, Minnesota 55155
Forest Legacy Program
The Minnesota Division of Forestry within the Department of Natural Resources has jurisdiction over the state’s Forest Legacy Program. The program is intended to protect environmentally important forests throughout the state threatened by conversion to non-forest uses. Federal funds and local matching funds are used to purchase development rights and conservation easements on these forests in targeted areas of the state to keep them intact and continuing to provide forest benefits. All easements are perpetual and any new owner is bound by the terms of the easement.
Mr. Richard Peterson, Forest Legacy Program Coordinator
Department of Natural Resources
1810 30th Street Northwest
Faribault, Minnesota 55021
(507) 333-2008 fax
Natural and Scenic Area Grant Program
The Natural and Scenic Area Grant Program, administered by the Department of Natural Resources, assists local governments and school districts in acquiring natural and scenic areas such as blufflands, prairies, shorelands, wetlands, and wooded areas (Minnesota Statutes §85.019). The program is intended to protect high quality natural and/or scenic areas. Additionally, public access should be provided to the extent necessary to allow users to experience the natural and scenic qualities protected. The Department finances projects using state dollars authorized by the Minnesota State Legislature. Grant awards are typically for 50% of the total eligible project costs up to the maximum grant amount of $500,000.
Local Grants Program
Department of Natural Resources
500 Lafayette Road, Box 52
St. Paul, MN 55155
Fax: (651) 296-5475
Uniform Conservation Easement Act
Minnesota Statutes §84C.01 et seq. provides for the state’s Uniform Conservation Easement Act, which authorizes the creation of permanent easements on real property for conservation and historic preservation purposes.
Real Estate Disclosure Requirements
Minnesota Statute places no duty on a real estate agent licensee or employee of the licensee to disclose information regarding airport zoning regulations if the agent, in a timely manner, provides a written notice that a copy of the airport zoning regulations as adopted can be reviewed or obtained at the Office of the County Recorder where the zoned area is located.
The Metropolitan Area Aircraft Noise Attenuation Act (Minnesota Statutes § 473.192) allows a municipality in the metropolitan area that, in part or in whole, is within the aircraft noise zones designated in the state’s transportation policy plan to adopt and enforce ordinances and controls to regulate building construction methods and materials for the purpose of attenuating aircraft noise in habitable buildings in and around the noise zone. The ordinance or control cannot apply to remodeling or rehabilitating an existing residential building nor to the construction of an appurtenance to an existing residential building. An ordinance adopted by a municipality must be adequate to implement the Metropolitan Council's guidelines for land use compatibility with aircraft noise.
Protected Land Near Military Bases
Critical Areas Act
This Act designates environmentally sensitive regions as areas of concern. The legislature therefore determined that the state should identify areas of critical concern and assist and cooperate with local units of government in the preparation of plans and regulations for proper use of these areas. Military bases and operating areas can be recognized as critical areas and the legislature can require that lands near boundaries of these areas be set aside for compatible uses.
Light Pollution/Dark Night Skies
The Outdoor Lighting and Fixtures Model Ordinance (Minnesota Statutes § 16B.328) provides for the Commissioner of the Department of Administration, in consultation with the Commissioner of Commerce, associations for local governments, and any other interested person, to develop a model ordinance that can be adapted for use by cities, counties, and towns, governing outdoor lighting to reduce light pollution.
In 2001 the National Guard Bureau initiated a project to address the growing concern of development and encroachment around the perimeter of Camp Ripley. In 2004 the National Guard Bureau and the State of Minnesota, acting through the Board of Soil and Water Resources entered in to a Cooperative Agreement to implement an Army Compatible Use Buffer (ACUB) program for Camp Ripley.
Crow Wing Soil and Water Conservation District Mission Statement (2013):
This plan shows support for the Army Compatible Use Buffer Program (ACUB) with Camp Ripley. Specifically, it demonstrates cooperation between Camp Ripley, Cass Soil and Water Conservation District (SWCD), Morrison SWCD and Minnesota Board of Water and Soil Resource (BWSR) to implement the Army Compatible Use Buffer Program and encourage landowners to enroll in other easement programs.
Morrison Soil and Water Conservation District
Email: Helen McLennan or Lance Chisholm
or call (320) 616-2479
Camp Ripley Contacts
Marty Skoglund or Jay Brezinka at (320) 632-616-2720
Camp Ripley Training Center: 2013 Objectives:
The training center at Camp Ripley will continue to work with state partners to build on existing domestic operations training capabilities. An emphasis will be placed on state disaster response scenarios as well as a 24/7 information reporting system for both tenant and visiting customers. It will provide a common picture of incident reporting and public service messages to stakeholders. Camp Ripley will also continue its programs of infrastructure enhancement and revitalization of installation facilities based on future Regional Collective Training Center requirements.
State Contact Information
Major General Richard C. Nash
The Adjutant General of Minnesota
20 West 12th Street
St. Paul, MN 55155
(651) 282-4541, Fax
Legislative Process Regarding Military POCs
The Senate Committee on State Government Innovation and Veterans and the House Committee on Veterans Affairs hold primary jurisdiction over military issues in Minnesota. Prior to the legislative session, the Committees meet with the military liaison to be briefed on any legislative initiatives that they will be bringing forward. During the legislative session, formal public hearings are conducted on military affairs bills.
State Departments and Veterans Division
Senator Tom Saxhaug, Chair
75 Rev. Dr. Martin Luther King Jr. Blvd., Room 328
St. Paul, MN 55155-1606
House Committee on State Government Finance and Veterans Affairs
Representative Mary Murphy, Chair
443 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, Minnesota 55155
Ms. Nancy Conley
Elizabeth Melander 651-296-5408
Mr. Larry W. Shellito
Minnesota Department of Veterans Affairs
Veterans Service Building
20 West 12th
Street, 2nd Floor
St. Paul, MN 55155
Phone: (651) 757-1555
Fax: (651) 757-1539