[§201N-14]  Exemption from subdivisionrequirements.  [Section repealed on July 1, 2013.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 conservationstate land use district may be leased; and

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

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

(b)  Without limiting the generality ofsubsection (a), the following may be performed without complying with subdivisionrequirements:

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

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

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

(4)  Mortgages and other security interests may begranted with respect to any lease or easement created pursuant to this section,and the holders of such mortgages or other security interests may forecloseupon the lease or easement covered and otherwise enforce the terms of themortgage and security documents, subject to compliance with applicable lawsother than subdivision requirements.

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

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

(1)  The lease or easement shall restrict the use ofthe leased land or easement area to the development and operation of arenewable 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 leasttwenty years;

(3)  With respect to leases and easements on landswithin an agricultural state land use district, the exemption from subdivisionrequirements provided by this section shall be for solar energy facilitiespermitted under section 205-2(d)(6), on land with soil classified by the landstudy bureau's detailed land classification as overall (master) productivityrating class D or E;

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

(5)  The county agency charged with administeringsubdivisions in the county in which the renewable energy project is to besituated or, if the land is in a conservation state land use district, thedepartment of land and natural resources, shall approve the exemption fromsubdivision requirements within ninety days after the project's developer andthe owner of the land on which the renewable energy project is to be situatedhave submitted the conceptual schematics or preliminary plans andspecifications for the renewable energy project to the county agency or thedepartment of land and natural resources, and have provided to such countyagency or the department of land and natural resources, as applicable, acertification and agreement that all applicable and appropriate environmentalreviews and permitting shall be completed prior to commencement of developmentof the renewable energy project.  If, on the ninety-first day, an exemption hasnot been approved, it shall be deemed disapproved by the county agency or thedepartment of land and natural resources, whichever is applicable.

(e)  Nothing in this section shall:

(1)  Exempt the actual development, construction, oroperation of any use, project, or improvement from any applicable state orcounty laws, ordinances, restrictions, permits, or approvals, includingrestrictions on allowable uses or conditions and requirements for adequateinfrastructure or mitigation measures;

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

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

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

(f)  All agencies and authorities that issuepermits or approvals for renewable energy projects may adopt rules orprocedures to:

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

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

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

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