[§201N-14]  Exemption from subdivision
requirements.  [Section repealed on July 1, 2013. L 2009, c 173, §7.]  (a) 
Notwithstanding any other law or ordinance to the contrary:



(1)  Lands within the agricultural or conservation
state land use district may be leased; and



(2)  Easements may be created and granted over lands
within the agricultural or conservation state land use district,



for the purpose of developing and financing a
renewable energy project or accessing a renewable energy project that is a permitted
use in the district, even if the leased land or easement area has not been
subdivided as a separate subdivided lot or easement.  Leases and easements
authorized by this section shall be valid leases and easements for all
purposes, but the exemption from subdivision requirements authorized by this
section shall be subject to the requirements and limitations set forth in
subsection (d).



(b)  Without limiting the generality of
subsection (a), the following may be performed without complying with subdivision
requirements:



(1)  All or a portion of a legal lot may be leased as
a site for a renewable energy project or access to the project;



(2)  Easements or other possessory interests, whether
exclusive or nonexclusive, may be granted to use all or a portion of the legal
lot as a renewable energy project site or access to the project;



(3)  Maps, leases, licenses, grants of easements, or
other instruments providing for the right to use all or a portion of a legal
lot as delineated on a map for a renewable energy project site or access to the
project may be recorded; and



(4)  Mortgages and other security interests may be
granted with respect to any lease or easement created pursuant to this section,
and the holders of such mortgages or other security interests may foreclose
upon the lease or easement covered and otherwise enforce the terms of the
mortgage and security documents, subject to compliance with applicable laws
other than subdivision requirements.



(c)  The land court, bureau of conveyances, and
other governmental agencies shall accept for filing and recording all
instruments and maps pertaining to leases, easements, mortgages, and other
security documents authorized pursuant to this section.



(d)  The exemption from subdivision
requirements authorized by this section shall only apply to leases and
easements that meet the following requirements and shall be subject to the
following limitations:



(1)  The lease or easement shall restrict the use of
the leased land or easement area to the development and operation of a
renewable energy project; provided that, to comply with section 205-4.6,
agricultural uses and activities shall not be restricted on agricultural land;



(2)  The lease shall have an initial term of at least
twenty years;



(3)  With respect to leases and easements on lands
within an agricultural state land use district, the exemption from subdivision
requirements provided by this section shall be for solar energy facilities
permitted under section 205-2(d)(6), on land with soil classified by the land
study bureau's detailed land classification as overall (master) productivity
rating class D or E;



(4)  With respect to leases and easements on lands
within a conservation state land use district, the exemption from subdivision
requirements provided by this section shall be for wind energy facilities,
including the appurtenances associated with the production and transmission of
wind-generated energy; and



(5)  The county agency charged with administering
subdivisions in the county in which the renewable energy project is to be
situated or, if the land is in a conservation state land use district, the
department of land and natural resources, shall approve the exemption from
subdivision requirements within ninety days after the project's developer and
the owner of the land on which the renewable energy project is to be situated
have submitted the conceptual schematics or preliminary plans and
specifications for the renewable energy project to the county agency or the
department of land and natural resources, and have provided to such county
agency or the department of land and natural resources, as applicable, a
certification and agreement that all applicable and appropriate environmental
reviews and permitting shall be completed prior to commencement of development
of the renewable energy project.  If, on the ninety-first day, an exemption has
not been approved, it shall be deemed disapproved by the county agency or the
department of land and natural resources, whichever is applicable.



(e)  Nothing in this section shall:



(1)  Exempt the actual development, construction, or
operation of any use, project, or improvement from any applicable state or
county laws, ordinances, restrictions, permits, or approvals, including
restrictions on allowable uses or conditions and requirements for adequate
infrastructure or mitigation measures;



(2)  Exempt renewable energy projects from any permit
or approval process under chapter 183C, 205, 205A, or 343;



(3)  Exempt from subdivision requirements the
conveyance of any fee interest in land; or



(4)  Prevent any agency or authority that issues
permits or approvals for renewable energy projects from imposing reasonable and
appropriate restrictions on the type of siting, development, construction, and
operation of a renewable energy project to protect agricultural resources and
activities, the environment, natural resources, cultural resources and
activities, or the health, safety, and welfare of the State.



(f)  All agencies and authorities that issue
permits or approvals for renewable energy projects may adopt rules or
procedures to:



(1)  Determine the type of renewable energy project
that may be allowed within an agricultural or conservation district;



(2)  Determine criteria for the appropriate siting of
the renewable energy project within an agricultural or conservation district;
and



(3)  Identify mitigation measures applicable to
renewable energy projects to protect agricultural resources and activities, the
environment, natural resources, cultural resources and activities, health,
safety, and welfare of the State.



(g)  This section is not intended to diminish
the discretion of any agency or any authority to approve or disapprove any
permit application. [L 2009, c 173, §2]