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METROPOLITAN AGRICULTURAL PRESERVES 47311.18 <br />473H.17 LAND USE. <br />Subdivision I. Land within an agricultural preserve shall be maintained for agri- <br />cultural production. The average maximum density of residential structures within an <br />agricultural preserve shall not exceed one unit per 40 acres. The location of any new <br />structure shall conform to locally applicable zoning regulations. Commercial and <br />industrial uses shall not be permitted except as provided in subdivision 2 after the user <br />is issued a permit by the authority. The authority shall be responsible for enforcing this <br />section. <br />Subd, la. Allowed commercial and industrial operations. (a) Commercial and <br />industrial operations are not allowed on land within an agricultural preserve except: <br />(1) small on -farm commercial or industrial operations normally associated with <br />and important to farming in the agricultural preserve area; <br />(2) storage use of existing farm buildings that does not disrupt the integrity of the <br />agricultural preserve; and <br />(3) small commercial use of existing farm buildings for trades not disruptive to the <br />integrity of the agricultural preserve such as a carpentry shop, small scale mechanics <br />shop, and similar activities that a farm operator might conduct. <br />(b) "Existing" in paragraph (a), clauses (2) and (3), means existing on August 1, <br />1987.) <br />Subd. 2. Density restriction after subdivision. When a separate parcel is created for <br />a residential structure, commercial, or industrial use permitted under subdivision 1, <br />the parcel shall cease to be an agricultural preserve unless the eligibility requirements <br />of section 473H.03 are met. However, the separate parcel shall remain under the maxi- <br />mum residential density restrictions in effect for the original preserve at the time it was <br />placed into the preserve until the agricultural preserve status for the original parcel <br />ends. <br />History: 1980 c 566 s 17; 1987 c 396 art 7 s 5.7 <br />473H.18 TRANSFER FROM AGRICULTURAL PROPERTY TAX LAW TREAT- <br />MENT. <br />When land which has been receiving the special agricultural valuation and tax <br />deferment provided in section 273.111 becomes an agricultural preserve pursuant to <br />sections 473H.02 to 473H.17, the recapture of deferred tax and special assessments, <br />as provided in section 273.111, subdivisions 9 and 11, shall not be made. Special assess- <br />ments deferred under section 273.111, at the date of commencement of the preserve, <br />shall continue to be deferred for the duration of the preserve. All special assessments <br />so deferred shall be payable within 90 days of the date of expiration unless other terms <br />are mutually agreed upon by the authority and the owner. In the event of early termina- <br />tion of a preserve or a portion of it under section 473H.09, all special assessments <br />accruing to the terminated portion plus interest shall be payable within 90 days of the <br />date of termination unless otherwise deferred or abated by executive order of the gover- <br />nor. In the event of a taking under section 473H.15 all special assessments accruing to <br />the taken portion plus interest shall be payable within 90 days of the date the final certif- <br />icate is filed with the court administrator of district court in accordance with section <br />117.205. <br />History: 1982 c 523 art 32 s 14; ISp1986 c 3 art I s 82 <br />