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LCCMR approves perpetual environmental easement at Lake Tamarac held by BWSR
Summary
The commission approved a conveyance of an interest in land acquired with trust fund dollars: an 8-acre perpetual environmental easement at Lake Tamarac to the Board of Water and Soil Resources to mitigate impacts from a state highway project.
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The Legislative Citizen Commission on Minnesota Resources on July 18 approved a request from the University of Minnesota Landscape Arboretum to convey to the Board of Water and Soil Resources a perpetual environmental easement over approximately 8 acres of land acquired with Environment and Natural Resources Trust Fund dollars.
Michael Varian, LCCMR staff, introduced the item and explained that Minnesota Statute 116P.15 requires LCCMR approval before interest in real property acquired with trust fund dollars may be sold, transferred, pledged or otherwise encumbered. The proposed easement responds to impacts from the State Highway 5 improvement project in Carver County. Under the plan, Carver County will fund enhancement and long-term management to increase wildflower species for rusty patched bumblebee habitat; the Arboretum will carry out the work and continue management subject to the easement, and the Board of Water and Soil Resources (BWSR) will hold the perpetual easement.
LCCMR staff noted that the requested easement would cover about 8 acres of the 78 acres the Arboretum acquired in 2013 with trust fund dollars; two additional acres are on Arboretum-owned adjacent land. Staff also noted a 15-day notice letter to relevant legislative chairs had been provided as required.
Representative Jordan moved the motion to approve the conveyance to BWSR of a perpetual environmental easement on approximately 8 acres acquired with ENRTF funds, contingent on staff review of the final easement draft. The motion carried on roll call: 12 yes, 3 no.
Why it matters: the action allows a conservation outcome tied directly to a transportation project mitigation obligation to be completed on land that includes parcels acquired with ENRTF funding. The easement is structured so the county funds the enhancement and long-term stewardship while the Arboretum implements and manages the site under the easement.

