Back to Minnesota

SF4479 • 2026

Counties permission to designate certain agricultural lands as unsuitable for electric power facilities

Counties permission to designate certain agricultural lands as unsuitable for electric power facilities

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Kupec, Dornink, Frentz, Putnam
Last action
2026-03-17
Official status
Introduction and first reading
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2026-03-17 House

    Introduction and first reading

Official Summary Text

Counties permission to designate certain agricultural lands as unsuitable for electric power facilities

Current Bill Text

Read the full stored bill text
A bill for an act

relating to local government; allowing counties to designate certain agricultural

lands as unsuitable for electric power facilities; proposing coding for new law in

Minnesota Statutes, chapter 394.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin

[394.306] AGRICULTURAL PRIORITY LAND LIST.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Definitions.

new text end

new text begin

(a) For purposes of this section, the following terms have

the meanings given.

new text end

new text begin

(b) "Commission" means the Minnesota Public Utilities Commission.

new text end

new text begin

(c) "CPI rating" means the crop productivity index rating assigned by the most recent

version of the Web Soil Survey conducted by the United States Department of Agriculture

Natural Resources Conservation Service.

new text end

new text begin

(d) "Large electric power generating plant" has the meaning given in section 216I.02,

subdivision 9.

new text end

new text begin

Subd. 2.

new text end

new text begin

Creation of agricultural priority land list.

new text end

new text begin

(a) Any county may designate

parcels of land within the county's boundaries as agricultural priority land and place the

land on an agricultural priority land list.

new text end

new text begin

(b) A parcel qualifies for a county's agricultural priority land list if:

new text end

new text begin

(1) more than 50 percent of the land area of the parcel has a CPI rating of more than 75;

or

new text end

new text begin

(2) the parcel has been improved with irrigation or drainage and has been classified by

the Natural Resources Conservation Service as prime farmland if irrigated, or prime farmland

if drained.

new text end

new text begin

(c) The priority land list must include the total acreage within the county designated as

agricultural priority land and, if revised, specific reasons for the revisions. The priority land

list also must include the following information regarding each included parcel:

new text end

new text begin

(1) the legal description of the parcel;

new text end

new text begin

(2) the CPI rating of the parcel, or the estimated yield of the parcel if qualified under

paragraph (b), clause (2); and

new text end

new text begin

(3) the total acreage of the parcel.

new text end

new text begin

Subd. 3.

new text end

new text begin

Submission of list; landowner opt-out.

new text end

new text begin

(a) A county that has created an

agricultural priority land list must submit the list to the commission. The commission must

acknowledge receipt of the list in writing within 30 days. A county may submit a revised

list to the commission within one year of the county's initial submission. A county thereafter

must submit a revised list to the commission every five years on the calendar date the county

received an initial acknowledgment from the commission. The county must inform the

commission in writing if the county has no revision to the list.

new text end

new text begin

(b) Ninety days before initial submission, and 90 days before submission of any revised

list, a county must notify by certified mail all private owners of parcels the county intends

to include on the list. The mailing to private owners must include a map showing potentially

included parcels, an advisory of an owner's right to opt-out a parcel from inclusion,

instructions on how to advise the county of an opt-out, and the opt-out deadline. A private

owner who intends to opt-out a parcel must contact the county at least 30 days before the

county submits a list to the commission.

new text end

new text begin

Subd. 4.

new text end

new text begin

Effect of list on site permits.

new text end

new text begin

(a) Notwithstanding sections 216I.03 and 216I.18,

after a county submits a priority land list to the commission, the commission must not issue

a site permit for a large electric power generating plant located on a parcel included on a

county's priority land list except as expressly provided in paragraph (b).

new text end

new text begin

(b) The commission may issue a site permit for a large electric power generating plant

located on a parcel included on a county's priority land list if the county board of

commissioners passes a resolution consenting to the permit.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective January 1, 2027.

new text end