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| Home > Statutes > USA Minnesota |
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USA Statutes : minnesota
Title : RECREATION
Chapter : Shooting Range Protection Act
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87A.01 Definitions. Subdivision 1. Applicability. The definitions in this
section apply to sections 87A.01 to 87A.08.Subd. 2. Person. "Person" means an individual,
association, proprietorship, partnership, corporation, club,
political subdivision, or other legal entity. Subd. 3.
Shooting range or range. "Shooting range" or "range" means an
area or facility designated or operated primarily for the use of
firearms, as defined in section 97A.015,
subdivision 19, or archery, and includes shooting preserves as
described in section 97A.115
or any other Minnesota law. Subd. 4. Shooting range
performance standards. "Shooting range performance standards"
means those rules adopted by the commissioner of natural resources
under section 87A.02
for the safe operation of shooting ranges. Subd. 5. Local
unit of government. "Local unit of government" means a home rule
charter or statutory city, county, town, or other political
subdivision.
87A.02 Shooting range performance standards. Subdivision 1. Adoption of
standards; review. (a) The commissioner of natural resources must
develop and adopt shooting range performance standards, according to
the expedited rulemaking process under section 14.389.
The shooting range performance standards must provide for compliance
with applicable noise standards under section 87A.05
and for the safe use of shooting ranges within their boundaries,
including the containment of projectiles. (b) The shooting range
performance standards must provide for the operation of shooting
preserves within the boundaries of the preserve, including an
exemption from any discharge distance limitations generally
applicable to hunting on other land, when the shooting preserve is in
compliance with all other applicable laws and is in operation on or
before the effective date of the performance standards adopted under
this section or prior to the development of any structure that would
cause the preserve to be out of compliance with the discharge
distance. (c) The commissioner must review the shooting range
performance standards at least once every five years and revise them
if necessary for the safe operation of shooting ranges. (d) In
the adoption of any amendments to the shooting range performance
standards adopted under paragraph (a), the commissioner shall follow
all notice and public hearing requirements for the regular rule
adoption process under sections 14.001
to 14.28.Subd. 2. Interim standards. Until the commissioner of
natural resources adopts the shooting range performance standards
under subdivision 1, paragraph (a), the November 1999 revised edition
of the National Rifle Association's Range Source Book: A Guide to
Planning and Construction shall serve as the interim shooting range
performance standards, having the full effect of the shooting range
performance standards for purposes of this chapter. The interim
shooting range performance standards sunset and have no further
effect under this chapter upon the effective date of the shooting
range performance standards adopted under subdivision 1, paragraph
(a).
87A.03 Compliant ranges; authorized activities. Subdivision 1. Authorized
activities. A shooting range that operates in compliance with the
shooting range performance standards must be permitted to do all of
the following within its geographic boundaries, under the same or
different ownership or occupancy, if done in accordance with shooting
range performance standards: (1) operate the range and conduct
activities involving the discharge of firearms; (2) expand or
increase its membership or opportunities for public participation
related to the primary activity as a shooting range; (3) make
those repairs or improvements desirable to meet or exceed
requirements of shooting range performance standards; (4)
increase events and activities related to the primary activity as a
shooting range; (5) conduct shooting activities and discharge
firearms daily between 7:00 a.m. and 10:00 p.m. A local unit of
government with zoning jurisdiction over a shooting range may extend
the hours of operation by the issuance of a special or conditional
use permit; and (6) acquire additional lands to be used for
buffer zones or noise mitigation efforts or to otherwise comply with
this chapter. Subd. 2. Nonconforming use. A shooting
range that is a nonconforming use shall be allowed to conduct
additional shooting activities within the range's lawful property
boundaries as of the date the range became a nonconforming use,
provided the shooting range remains in compliance with noise and
shooting range performance standards under this chapter. Subd.
3. Compliance with other law. Nothing in this section
exempts any newly constructed or remodeled building on a shooting
range from compliance with fire safety, handicapped accessibility,
elevator safety, bleacher safety, or other provisions of the State
Building Code that have mandatory statewide application.
87A.04 Mitigation area. (a) Except for those uses, developments, and structures in
existence or for which approval has been granted by October 1, 2005,
or as provided in paragraph (b), no change in use, new development,
or construction of a structure shall be approved for any portion of
property within 750 feet of the perimeter property line of an outdoor
shooting range if the change in use, development, or construction
would cause an outdoor shooting range in compliance with this chapter
to become out of compliance. (b) A change in use, new
development, or construction of a structure subject to this section
may be approved if the person seeking the approval or, at the
discretion of the governing body, the approving authority agrees to
provide any mitigation required to keep the range in compliance with
this chapter. The person requesting an approval subject to this
section is responsible for providing documentation if no mitigation
is required under this section. Failure to provide the documentation
or any mitigation required under this section exempts the range from
being found out of compliance with the shooting range performance and
noise standards of this chapter with regard to the property
responsible for the mitigation if the failure to provide the
documentation or required mitigation is the sole basis for the range
being out of compliance with the shooting range performance
standards. Any action brought by the owner of the property against
the range is subject to section 87A.06.
With the permission of the range operator, any mitigation required
under this section may be provided on the range property.
87A.05 Noise standards. Allowable noise levels for the operation of a shooting range
are the levels determined by replacing the steady state noise L10 and
L50 state standards for each period of time within each noise area's
classification with a single Leq(h) standard for impulsive noise that
is two dBA lower than that of the L10 level for steady state noise.
The noise level shall be measured outside of the range property at
the location of the receiver's activity according to Minnesota Rules,
parts 7030.0010 to 7030.0080, as in effect on May 28, 2005. For purposes of this section, "Leq(h)"
means the energy level that is equivalent to a steady state level
that contains the same amount of sound energy as the time varying
sound level for a 60-minute time period.
87A.06 Nuisance actions; compliance with shooting range performance standards. A person who owns, operates, or uses a shooting range in this
state that is in compliance with shooting range performance standards
is not subject to any nuisance action for damages or equitable relief
based on noise or other matters regulated by the shooting range
performance standards. This section does not prohibit other actions.
87A.07 Closure of shooting ranges. Subdivision 1. Closure. Except as
otherwise provided in sections 87A.01
to 87A.08,
a shooting range that is in compliance with shooting range
performance standards and the requirements of sections 87A.01
to 87A.08
shall not be forced to permanently close or permanently cease any
activity related to the primary use of the shooting range unless the
range or activity is found to be a clear and immediate safety hazard
by a court of competent jurisdiction. In any action brought to
compel the permanent closure of any range in compliance with shooting
range performance standards and this chapter, or to permanently cease
any activity related to the primary use of the shooting range, there
is a rebuttable presumption that the range or activity is not a clear
and immediate safety hazard. If the shooting range provides evidence
that the cause of a proven safety hazard can be mitigated so as to
eliminate the safety hazard, the court shall not order the permanent
closure of the range, or permanent ceasing of the activity found to
be a clear and immediate safety hazard, unless the range operator
fails to implement the necessary mitigation to remove the safety
hazard by the date that is determined reasonable by the court.
Subd. 2. Preliminary injunctions. Nothing in this section
prohibits a court from granting a preliminary injunction against any
activity determined to be a probable clear and immediate safety
hazard, or against any individual determined to be the probable cause
of an alleged clear and immediate safety hazard, pending the final
determination of the existence of the safety hazard. Subd. 3.Permanent injunctions. A court may grant a permanent
injunction only against a particular activity or person instead of
permanently closing the range unless the court finds that the
remaining operations also pose a safety hazard under this section.
87A.08 Applicability of other laws. Subdivision 1. Public safety laws;
zoning. (a) Nothing in this chapter prohibits enforcement of any
federal law. To the extent consistent with this chapter, other state
laws regarding the health, safety, and welfare of the public may be
enforced. To the extent consistent with this chapter, a local unit
of government with zoning authority jurisdiction over a shooting
range may enforce its applicable ordinances and permits. Nothing in
this chapter shall supersede more restrictive regulation of days and
hours of operation imposed by the terms and conditions of ordinances
and permits that are in effect on May 28, 2005. (b) If the
operator of the shooting range shows evidence that the range can be
brought into compliance with the applicable state law, local
ordinance, or permit, the range may not be permanently closed unless
the range operator fails to bring the range into compliance with the
applicable law, ordinance, or permit under this section by the date
that the court determines reasonable. Nothing in this section
prohibits a court from granting a preliminary injunction against any
activity determined to be a violation of a law, ordinance, or permit
under this section or against any individual determined to be causing
an alleged violation, pending the final determination of the
existence of the violation. Subd. 2. Permanent
injunctions. A court may grant a permanent injunction only
against a particular activity or person instead of permanently
closing the range unless the court finds that the remaining
operations also create a violation under this section.
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