1.1 	A bill for an act
1.2 	relating to natural resources; prohibiting certain local restrictions of wildlife 
1.3 	management areas; creating buffer areas for development; exempting certain 
1.4 	areas from county approval requirements;amending Minnesota Statutes 2006, 
1.5 	sections 97A.137, by adding a subdivision; 97A.145, subdivision 2; proposing 
1.6 	coding for new law in Minnesota Statutes, chapter 97A.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2006, section 97A.137, is amended by adding a 
1.9 	subdivision to read:
1.10 		Subd. 4.Exemption from certain local ordinances. (a) Wildlife management 
1.11 	areas established pursuant to section 86A.05, subdivision 8, and designated under section 
1.12 	97A.133 or 97A.145 that are 160 contiguous acres or larger are exempt from local 
1.13 	ordinances that limit the use and management of the unit as authorized by state law and 
1.14 	rule.
1.15 	(b) Wildlife management areas established pursuant to section 86A.05, subdivision 
1.16 	8, and designated under section 97A.133 or 97A.145 that are 40 contiguous acres or 
1.17 	larger are exempt from local ordinances that:
1.18 	(1) restrict trapping;
1.19 	(2) restrict the discharge of archery equipment;
1.20 	(3) restrict the discharge of shotguns with shot sizes of number four buckshot or 
1.21 	smaller diameter shot;
1.22 	(4) restrict noise;
1.23 	(5) require dogs on a leash; or
1.24 	(6) would in any manner restrict the lawful uses and management of the unit.

2.1 	Sec. 2. [97A.138] BUILDING AND PROPERTY MANAGEMENT ADJACENT 
2.2 	TO STATE WILDLIFE MANAGEMENT AREAS.
2.3 	(a) Except as provided in paragraph (b), on private land adjacent to a wildlife 
2.4 	management area established pursuant to section 86A.05, subdivision 8, and designated 
2.5 	under section 97A.133 or 97A.145:
2.6 	(1) new structures shall not be built on any portion of property within 150 feet of 
2.7 	the boundary; and
2.8 	(2) soil grade or preexisting vegetation may not be altered within 100 feet of the area.
2.9 	(b) The restrictions in paragraph (a) do not apply to projects that prior to October 
2.10 	1, 2008, have received preliminary or final plat approval or have infrastructure that has 
2.11 	been installed or has local site plan approval, conditional use permits, or similar official 
2.12 	approval by a governing body or government agency. The restrictions in paragraph (a), 
2.13 	clause (2), do not apply to temporary alterations due to development activities.

2.14 	Sec. 3. Minnesota Statutes 2006, section 97A.145, subdivision 2, is amended to read:
2.15 		Subd. 2.Acquisition procedure. (a) Except as provided in paragraph (g), 
2.16 	lands purchased or leased under this section must be acquired in accordance with this 
2.17 	subdivision.
2.18 	(b) The commissioner must notify the county board and the town officers where the 
2.19 	land is located and furnish them a description of the land to be acquired. The county board 
2.20 	must approve or disapprove the proposed acquisition within 90 days after being notified. 
2.21 	The commissioner may extend the time up to 30 days. The soil and water conservation 
2.22 	district supervisors shall counsel the county board on drainage and flood control and the 
2.23 	best utilization and capability of the land.
2.24 	(c) If the county board approves the acquisition within the prescribed time, the 
2.25 	commissioner may acquire the land.
2.26 	(d) If the county board disapproves the acquisition, it must state valid reasons. 
2.27 	The commissioner may not purchase or lease the land if the county board disapproves 
2.28 	the acquisition and states its reasons within the prescribed time period. The landowner 
2.29 	or the commissioner may appeal the disapproval to the district court having jurisdiction 
2.30 	where the land is located.
2.31 	(e) The commissioner or the owner of the land may submit the proposed acquisition 
2.32 	to the Land Exchange Board if: (1) the county board does not give reason for disapproval, 
2.33 	or does not approve or disapprove the acquisition within the prescribed time period; or 
2.34 	(2) the court finds that the disapproval is arbitrary and capricious, or that the reasons 
2.35 	stated for disapproval are invalid.
3.1 	(f) The Land Exchange Board must conduct a hearing and make a decision on 
3.2 	the acquisition within 60 days after receiving the proposal. The Land Exchange Board 
3.3 	must give notice of the hearing to the county board, the commissioner, the landowner, 
3.4 	and other interested parties. The Land Exchange Board must consider the interests of the 
3.5 	county, the state, and the landowner in determining whether the acquisition is in the public 
3.6 	interest. If a majority of the Land Exchange Board members approves the acquisition, 
3.7 	the commissioner may acquire the land. If a majority disapproves, the commissioner 
3.8 	may not purchase or lease the land.
3.9 	(g) This subdivision does not apply to land acquired for the Carlos Avery and 
3.10 	Lamprey Pass Wildlife Management Areas.