Recreational Cabin Lease Policy
For
Hubbard County Managed Public Lands
The leasing of Hubbard County tax-forfeited land for the purpose of establishing and maintaining a recreational cabin lease shall be permitted in accordance with the restrictions contained herein. Questions regarding recreational cabin leases may be sent to:
Hubbard County Natural Resource Management
101 Crocus Hill Street
Park Rapids, MN 56470
(218) 732-4270
Adopted by the Hubbard County Board of Commissioners:
1) Definitions
a) “Ancillary Structure” shall be defined as a deck, open porch, patio, or boardwalk.
b) “County-Managed Public Lands” shall be defined as tax-forfeited or county-fee lands managed by Hubbard County for natural resource purposes.
c) “Lease Site” shall be defined as a tract of Hubbard County tax-forfeited or County-fee land containing the ‘footprint’ of a temporary residential structure, associated outbuilding(s), and a suitable parking area.
d) “Lessee” shall be defined as the person, or persons, that enter into a lease agreement with Hubbard County. All lessees will be required to sign the lease agreement. The Lessee shall be responsible for the action or actions of all invited guests.
e) “Lessor” shall be defined as Hubbard County. The Hubbard County Natural Resource Management Office shall act as the primary agent of the Lessor.
f) “Lease Card” is a sign provided by the Lessor to inform the public that the cabin and surrounding structures are private property, setting on leased tax-forfeited land. All land surrounding the lease site is open to public recreational use.
g) “Lease Fee” shall be defined as an annual rental fee, set annually by the Lessor. The Lease Fee is due on or before December 31st in advance of the follow lease year.
h) “Non-Residential Outbuilding” shall be defined as a non-permanent structure for uses other than habitation (e.g. sauna, storage).
i) “Public Recreational Use” shall be defined as by Minnesota Statutes Section 604A.21, Subd. 5 which includes, but is not limited to, hunting, trapping, fishing, boating, camping, picnicking, hiking, bicycling, horseback riding, firewood gathering, pleasure driving, including snowmobiling and the operation of any motorized vehicle or conveyance upon a road or upon or across in any manner, including recreational trail use, nature study, water skiing, winter sports, and viewing or enjoying historical, archeological, scenic, or scientific areas.
j) “Residential Cabin” shall be defined as a non-permanent dwelling for occasional habitation. Enclosed porches shall be considered as part of a residential cabin.
k) “Structures” shall be defined as buildings, cabins, sheds, privies, saunas, decks and patios.
l) “Unlawful or Disorderly Conduct” shall be defined as any of the following: conduct which constitutes a nuisance, is unlawful, causes damage to the personal property of others or damage to public natural resources. Unlawful or disorderly conduct shall be considered just cause for immediate cancellation of this lease.
2) Lease fees, taxes, fines, and penalties
a) The lease fee shall be set annually by the Hubbard County Board of Commissioners.
b) The lease fee is due on or before December 31 in advance of the upcoming lease year.
c) Lease fees should be made payable to Hubbard County and mailed to the Hubbard County Auditor’s Office, 301 Court Ave., Park Rapids, MN 56470.
d) A late fee of $25 will be charged for all lease fees in excess of thirty (30) days overdue.
e) Lease fees in excess of sixty (60) days overdue shall be cause for cancellation of the lease.
f) Recreational cabin leases are subject to personal property taxes and a solid waste assessment.
g) Personal property taxes are due on or before May 15th and possibly October 15th of each year, depending on the assessed value of your structures.
h) Failure to pay personal property taxes or the solid waste assessment will be considered just cause for cancellation of the lease.
i) Lessee’s failure to comply with the regulations of the Hubbard County Recreational Cabin Lease Policy may be subject to fines and/or penalties up to, and including termination of the lease.
3) Structures and Improvements
a) Placement, construction, modification or improvement of, or to, any structure on the lease site shall be prohibited without prior written approval of Lessor as to the location, design, and size of placement, construction, modification, or improvement. Lessee is required to obtain all necessary permits at their sole expense prior to the commencement of placement, construction, modification, or improvement.
b) Lessee will be charged for all timber damaged or removed in the construction of access routes and building sites.
c) House trailers, travel trailers, pick-up campers, recreational vehicles, or metal-framed structures are not allowed as substitutes for any structure.
d) Lessee agrees to maintain the lease site in a neat and orderly condition.
e) The Lessee will be issued a “Lease Card” by the Lessor. The Lessee shall post the lease card at the lease site in a readily visible location.
f) The Lessee, where existing structures and improvements do not meet lease policy guidelines at the time of adoption, shall make no additions or modifications to structures or improvements that further extend any non-conformity.
g) Residential Cabin – Lessee must construct or place one (1), temporary, single story residential structure on the designated lease site.
i) Initial construction or placement must begin within one (1) year and be completed within two (2) years from the initial date of the lease.
ii) The cabin may be no larger than 500 square feet (exterior dimensions).
iii) Construction Standards
(1) There may be no concrete slabs, permanent foundations, or excavations for basements.
(2) Exterior walls shall be maintained with materials that are normally used in standard cabin construction and is acceptable to the Lessor. Such exterior surfaces must be maintained in a neat condition and be of earthtone colors that blend into the natural surroundings.
(3) No wells, sand points, or other utilities (i.e. electricity, natural gas, telephone, cable, internet, etc.) are allowed, except self-supplied utilities such as wind, solar, or generator supplied electricity, bottled natural gas, cellular telephone, or satellite television and internet.
h) Lessee must provide for adequate handling of human waste (i.e. privy, compostable toilet, chemical toilet, etc.).
i) No septic systems are allowed.
ii) A privy or other human waste handling facility shall be no larger than 32 square feet.
iii) Construction standards of the human waste handling facility (privy, etc.) shall conform to the same construction standards as the residential cabin.
iv) All collected and stored human waste must be properly disposed of in an RV dump station or other suitable facility in a timely fashion.
i) Non-Residential Outbuilding – Lessee may construct or place one (1) separate, temporary, single-story, non-residential outbuilding.
i) The non-residential outbuilding may be no larger than 100 square feet (exterior dimensions).
ii) Construction standards of the non-residential outbuilding shall conform to the same construction standards as the residential cabin.
j) Ancillary Structures – Lessee may construct or place one (1) ancillary structure on the lease site.
i) The ancillary structure may be no larger than 100 square feet.
4) Legal Requirements and Limitations
a) Lessee shall keep and observe all laws, ordinances, and regulations applicable to county-managed public land and the use thereof.
b) All reasonable precautions must be taken to prevent and suppress forest fires and to prevent pollution of ground water, lakes, and streams.
c) Pursuant to Minnesota Statute 609.68 and any related ordinances or laws, whoever unlawfully deposits garbage, rubbish, cigarette filters, debris from fireworks, offal, or the body of a dead animal, or other litter in or upon any public highway, public waters or the ice thereon, shoreland areas adjacent to rivers or streams as defined by section 103F.205, public lands, or, without the consent of the owner, private lands or water or ice thereon, is guilty of a petty misdemeanor.
d) Lessee shall not cut, remove, or damage any live tree(s) or tree reproduction on county-managed public lands without written permission from the Lessor. This restriction includes trees and/or tree reproduction in and around hunting stands or blinds.
e) Lessee shall not create or develop any road or trail on county-managed public land for motor vehicle use.
f) Lessee agrees that lands utilized as part of this lease agreement are open for public recreational use and Lessee shall not verbally, or otherwise, restrict access to these lands. This includes posting, signing, gating, or blocking roads and/or trails. All structures are considered private property and, therefore, are not open for public recreational use.
g) Leases are for non-commercial use only. No renting or sub-leasing of lease sites is allowed.
h) Lessee agrees to indemnify and hold harmless the State of Minnesota and the Lessor, its departments, agents, officers, and employees from any and all claims arising out of the use of this lease, whether such claims are asserted by third parties or otherwise.
i) Lessee may not clear, crop, till, mow, or maintain County-managed public lands.
j) Lessee agrees that the Lessor has no duty to provide or maintain access to the lease site. Lessee also agrees that the Lessor has the right to temporarily close any access route due to fire danger, to protect the roadbed, or other emergency reasons.
k) Lessee shall not park or store any inoperable motor vehicle or other machinery on county-managed public land
l) In matters under dispute, the decision of the Lessor shall be considered final.
5) Lease Inspections
a) Lessor will periodically inspect lease to ensure compliance of lease terms and overall maintenance of lease site.
b) For all lease terms found to be in violation, Lessor will provide Lessee a “Notice of Non-Compliance” outlining the deficiency or deficiencies, the required corrective action(s), and the time frame under which all corrective actions must be completed.
c) Lessor agrees to complete any corrective action(s) within the set time frame. Corrective action(s) not completed within the set time frame will be cause for assessment of fines or penalties as outlined in Section 2j.
6) Lease Transfers
a) Recreational cabin leases are NOT transferrable. Leases may be renewed to existing lessees (up to 4 names with no new names added).
b) Recreational cabin leases will be phased out as current leases are terminated, either by the lessee or the lessor.
7) Termination of Lease
a) All leases may be terminated by either party by giving thirty (30) days written notice.
b) The Lessor, at its discretion, may terminate a lease where the Lessee fails to fully comply with the term or regulations of the lease agreement.
c) At the sole discretion of the Lessor, this lease may be terminated or relocated upon the sale of the land or if the lease interferes with any management activity.
d) Upon termination, cancellation, or abandonment of the lease, Lessee shall have ninety (90) days to remove all structures, improvements, personal property, refuse, etc. and restore the site to a natural condition.
e) All structures, improvements, personal property, refuse, etc. remaining after ninety (90) days shall be considered abandoned and shall become the sole property of the Lessor. Lessor shall arrange for the sale, removal, or disposal of abandoned property per Minnesota Statute 345.15 or 504B.271. All costs involved in effecting the cleanup, including reasonable labor and administrative fees, publishing fees, contractual costs, equipment rental, storage fees, etc. shall be billed to the Lessee.