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CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
August 20, 2015
Chair Swenson called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given.
Members Present: Chair Jason Swenson, Vice Chair Linda Maguire, Brooks Lillehei, Paul Reuvers, Karl Drotning, Jason Kelvie, Scott Einck (arrived at 6:14)
Members Absent: Pat Kaluza, Ex-officio member Nic Stevens
Others Present: Daryl Morey, Planning Director; Kris Jenson, Associate Planner; and Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The August 6, 2015 Planning Commission meeting minutes were approved as presented.
4. Announcements Mr. Morey stated that the following item was distributed to the Planning Commission at tonight’s meeting: 1. An e-mail from D.R. Horton regarding the Schraeder IUP request (Agenda Item #5) Mr. Morey indicated that the September Planning Commission meetings are scheduled for September 10th and 24th. Mr. Morey welcomed Madi Drent. She is a Lakeville North High School junior who is interested in city planning. She has attended a staff Development Review meeting and is interested in observing a Planning Commission meeting.
5. Eric Schraeder Chair Swenson opened the public hearing to consider the application of Eric Schraeder for an Interim Use Permit to allow the keeping of raptors for the purposes of falconry pursuant to Chapter 11-35-3D of the City Code, located at 18855 Iden Way. Eric Schraeder presented a brief overview of his request. Mr. Schraeder explained that he is in the process of having a house built in the Chokecherry Hill subdivision. He has a red tailed hawk. He has been practicing the art of falconry for four years in Richfield and would now like to train and keep the hawk in his backyard in Lakeville.
Planning Commission Meeting Minutes, August 20, 2015 Page 2
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that Eric Schraeder has submitted an application for an interim use permit to allow the keeping of two raptors for the purposes of falconry at 18855 Iden Way, which is surrounded by mostly undeveloped residential property or public road right-of-way in the Chokecherry Hill subdivision. Ms. Jenson reviewed the pertinent sections of the Zoning Ordinance, which is reviewed in detail in the August 13, 2015 planning report. Mr. Jenson stated that the applicant would construct a shed in the rear yard of his lot. A portion of the shed would be a mews, which is the term for the raptor housing. This structure must meet the RST-2 District setback requirements and will require a building permit. The Minnesota Department of Natural Resources (DNR) requires that the raptor facilities be inspected and approved by a DNR officer. Ms. Jenson indicated that Mr. Schraeder currently has a Minnesota General Class Falconry Permit which was issued by the DNR. The U.S. Fish and Wildlife Service permits the state to allow falconry in that state. The applicant intends to train the bird on the property with a creance or leash. The bird will not be used for hunting on the property. Because Planning Department staff had never received a request for the keeping and training of raptors in the city, Ms. Jenson contacted several cities in the south metro to determine how their ordinance would address such a request. The list of cities is included in the August 13, 2015 planning report. With the exception of Farmington, which has the same ordinance language as Lakeville, all other cities surveyed do not allow the keeping of raptors. Ms. Jenson reviewed the criteria for an Interim Use Permit listed in Section 11-5-5 of the Zoning Ordinance and included in the August 13, 2015 planning report. Ms. Jenson stated that the Planning Department staff recommends approval of the Schraeder IUP subject to the six stipulations listed in the August 13, 2015 planning report. Chair Swenson opened the hearing to the public for comment.
Frank Taylor, 4292 Old White Bear Avenue, White Bear Lake Mr. Taylor has been practicing falconry for 47 years. Mr. Taylor displayed his red tailed hawk that he brought to the meeting tonight and explained noise (they are not a vocal bird), weight (approximately 3 ½ pounds), eating and sleeping habits (they sleep at night), etc. He noted that the bird is kept on a leash while it is being trained. He explained a weathering yard, which is like a dog kennel and is set up next to the mew (shed). The weathering yard is where the bird will perch to get sunlight and where the bird will take a bath. The mew is where the bird will get its shade and sleep at night.
Planning Commission Meeting Minutes, August 20, 2015 Page 3
David Hipke, 18877 Iden Avenue Mr. Hipke thanked Mr. Taylor for his informative presentation. He hoped that a similar presentation could be provided to the neighborhood residents so they understand how falconry works. He asked what was involved with the training of the bird and what the birds were fed. Mr. Taylor and Mr. Schraeder explained the training and feeding process.
Motion was made by Reuvers, seconded by Drotning to close the public
hearing at 6:42 p.m.
Ayes: Lillehei, Einck, Maguire, Swenson, Reuvers, Kelvie, Drotning
Nays: 0 Chair Swenson asked for comments from the Planning Commission. Discussion points included:
• The Planning Commission agreed that this was a very informative presentation.
• Some Planning Commissioners were concerned that Section 11-35-3D of the Zoning Ordinance refers back to the general criteria for consideration of an interim use permit and does not provide specific performance standards for the evaluation of requests pertaining to the keeping of raptors or other wild animals. They were supportive of the use but did not feel the IUP was the appropriate tool given the purpose and intent identified in Section 1-5-1 of the Zoning Ordinance.
• A concern was expressed that approval of an IUP would allow raptors in single family neighborhoods but that chickens are not allowed.
• Commissioner Drotning stated that he is not comfortable recommending approval of this IUP application because there are no clearly defined performance standards to guide his review and vote on this request.
• The Planning Commission agreed to review the Zoning Ordinance process for the keeping of wild animals at a work session in conjunction with their annual discussion of possible Zoning Ordinance amendments.
• Mr. Morey summarized staff’s discussions with Mr. Schraeder when he initially approached the City with his request. Mr. Morey indicated that a similar request has not been submitted to the City in his 27 years working for Lakeville. He stated that staff’s initial response to Mr. Schrader was that because falcons were not specifically listed as a household pet or farm animal in the Zoning Ordinance, they were not allowed. Mr. Schraeder submitted an email appeal to the City Council. Planning Department staff then contacted the City’s planning consultant, who identified the IUP allowance of Section 11-35-3D of the Zoning Ordinance. When staff informed Mr. Schrader of the IUP process, he submitted an application. With respect to the accessory building, Mr. Morey stated that there are Zoning Ordinance requirements for size, height and setbacks which Mr. Schraeder will need to follow. He clarified that if the accessory building is 200 square feet or less, the applicant will need to submit a zoning permit application, which will be reviewed by staff for
Planning Commission Meeting Minutes, August 20, 2015 Page 4
conformance with the Zoning Ordinance requirements. The zoning permit application process is separate from the IUP application.
Motion was made by Reuvers, seconded by Drotning to recommend to City Council approval of an Interim Use Permit for Eric Schraeder to allow the keeping of raptors for the purposes of falconry pursuant to Chapter 11-35-3D of the City Code, located at 18855 Iden Way subject to the following stipulations: 1. The applicant must have a current falconry permit from the Minnesota Department of Natural Resources (MN DNR) as a condition of this Interim Use Permit. The interim use permit may be renewed by the applicant upon successful renewal of the MN DNR Falconry permit and submittal of a copy of the renewed permit to the City of Lakeville Planning Department by September 30, 2017. 2. Prior to construction of the shed/mews, a building permit must be issued by the Building Inspections Department. The structure must pass a final inspection by the Building Inspections Department as well as pass inspection by the Minnesota DNR. 3. There shall be no hunting from the subject property. 4. A maximum of two (2) raptors may be kept on the property. 5. The interim use permit shall expire: a. When the Schraeder’s no longer hold a permit from the Minnesota Department of Natural Resources for falconry; or b. When the Schraeder’s no longer reside at 18855 Iden Way (Lot 14, Block 5, Chokecherry Hill 2nd Addition). 6. The interim use permit may be revoked for cause upon determination that the authorized interim use is not in conformance with the conditions of the permit or is in continued violation of Lakeville City Code or other applicable regulations.
Ayes: Swenson, Reuvers, Kelvie, Lillehei
Nays: Einck, Maguire, Drotning
Commissioners Einck, Maguire and Drotning agreed that they were supportive
of the application, but they do not feel that the review criteria for an IUP has
been satisfied.
Chair Swenson thanked Mr. Taylor and Mr. Schraeder for their presentation. He stated that the use isn’t the issue, but rather the City’s ordinance process. There being no further business, the meeting was adjourned at 7:29 p.m. Respectfully submitted, Penny Brevig, Recording Secretary
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I D E N W A Y
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Home under construction
at 18855 Iden Way
EXHIBIT A
City of LakevilleAerial Map
Eric Schraeder
Interium Use Permit
Request - Site Location
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EXHIBIT B
City of LakevilleLocation and Zoning Map
Eric Schraeder
Interim Use Permit
Falconry
HUXLEY AVE
187TH ST
IDEN WAY I D E N
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RS-2
PUD
RST-2
RST-2
Federal and state minimum care and facilities requirements are outlined below.
Please see the Minnesota Facilities Inspection Form* to preview the form
that a Conservation Officer, Nongame Specialist or the Falconry Coordinator will
use to inspect facilities and the Minnesota Facilities Handbook* for examples
and descriptions of the required items.
*NOTE: THE FACILITIES INSPECTION FORM AND FACILITIES HANDBOOK
ARE CURRENTLY UNDER CONSTRUCTION. PLEASE CONTACT THE
FALCONRY COORDINATOR FOR MORE INFORMATION.
Topics in this section include:
1.Raptor Care Expectations
2.Facilities and Equipment Standards
a.Mews (indoor housing)
b.Weathering Area (outdoor housing)
c.Equipment
3.Facilities on Property not Owned by Permittee or Facilities not Located
at Permittee's Primary Residence
4.Moving-Reporting Requirements
5.Temporary Facilities
a. Transporting and hunting with raptors
b. Temporary facilities
c. Part-year residents
6.Temporary Raptor Care
a. Raptor Care by Permitted Individuals
b. Raptor Care by Non-permitted Individuals
c. Temporary Care of Propagation Nestlings
◾All permitted Minnesota falconers are required to have and maintain facilities
for the duration of their permit.
◾All raptors possessed by permittees must be housed and cared for according to
federal and state regulations in safe, humane, and healthy conditions to assure
their well-being at all times.
◾Raptor facilities, both permanent and temporary, must protect the raptors from
the environment, predators, and domestic animals at all times.
The facilities and equipment outlined below, along with permit records, may be
inspected in the presence of the permittee during business hours on any day of
the week by state officials to ensure compliance with regulations and the health
and welfare of the raptors in the permittee's possession.
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Because of the extreme weather changes in Minnesota, permittees are required
to have both a mews and weathering area. The intent of this requirement is that
the mews should be able to protect the bird from windy, cold, and freezing
temperatures during the winter and the weathering area provides the bird with
an area that is cooler during the hot, sunny summer months.
All facilities, whether permanent or temporary, must:
◾Provide a healthy environment for raptors while inside.
◾Protect the raptors from weather and the environment.
◾Protect the raptors from predators and domestic animals.
◾Have a suitable perch for each raptor.
◾Have at least one opening for sunlight.
◾Be large enough to allow easy access for the care and feeding of raptors kept
there.
◾Have an area large enough to allow each raptor to fly if it is untethered or, if
tethered, to fully extend its wings or bate (attempt to fly while tethered)
without damaging its feathers or contacting other raptors.
◾Have access to a pan of clean water for each raptor unless weather conditions,
the perch type used, or some other factor makes access to a water pan unsafe
for the raptor.
The purpose of the mews is to provide the raptor with a safe, secure "home"
where it is protected from predators, domestic animals, and the environment,
especially during the cold, windy winter months. In addition to the minimum
requirements that permanent and temporary facilities must have (listed above),
an indoor facility should be well ventilated, but keep the raptor relatively free
from drafts during the winter (certain species may also need supplemental heat
or insulation). The structure should be soundly constructed and entirely
enclosed, and the floor should be dry or well drained and easily cleaned.
Falconry facilities should be dedicated to falconry; not shared with pets or
livestock.
Acceptable indoor facilities include:
◾Freestanding structures or structures that are part of an existing structure
(raptor facilities must be separate from domestic animal and livestock
facilities).
◾Shelf perch enclosures where raptors are tethered side by side.
◾Raptors may be tethered or untethered.
◦Untethered raptors may be housed together if they are compatible with each
other.
◦If raptors are not tethered, all walls that are not solid (such as windows) must be
protected on the inside with vertical bars spaced narrower than the width of the
body of the smallest raptor housed in the enclosure. Heavy-duty netting or other
such materials may be used to cover the walls or roof of the enclosure, but it is
not preferred as the bird may get caught up in the material.
◦If the raptors are not tethered, the risk of raptor injury due to collision with
interior or perimeter construction materials and equipment, such as support poles,
windows, netting, perches, or lights must be minimized.
◾A space within a place of residence.
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◦The raptors must be provided with a suitable perch.
◦Windows and other openings of the structure do not need to be modified.
◦Raptors must be tethered when they are not being moved into or out of the
location in which they are kept.
◾Other innovative housing systems are acceptable if they provide the enclosed
raptors with protection and allow them to maintain healthy feathers.
◾Propagation raptors and other raptors in possession do not have to have
separate housing; however, propagation raptors must be kept separate from
raptors that are not authorized for propagation.
◾An eyass raptor may be kept in any suitable container or enclosure until it is
capable of flight.
Please see the Minnesota Facilities Handbook for more information and
examples of acceptable facilities.
The weathering area is a fenced "yard" for the raptor that allows it to enjoy the
outdoors, particularly in the sunny, warm summer months. In addition to the
minimum requirements that permanent and temporary facilities must have (listed
above), outdoor facilities:
◾Must be totally enclosed.
◾Must be covered (roof or fencing).
◾Must have at least one covered perch to protect each raptor held in it from the
weather (roof, tarp, or other material to block sun and rain).
◾May be made of heavy-gauge wire, heavy duty plastic mesh, slats, pipe, wood,
or other suitable material.
◦Depending on the construction materials (wire, mesh, chain-link, etc.) the raptor
may need to be tethered.
◦Chicken wire is not recommended.
◾Must be large enough to insure that the birds cannot strike the enclosure when
flying from the perch (if untethered).
New types of housing facilities and/or husbandry practices may be used if they
satisfy the requirements above and are approved by the Falconry Coordinator.
Falconry raptors may be kept outside in the open if they are continuously
watched, by the falconer or a family member, at any location. They may also be
watched by a designated individual in a weathering yard at a falconry meet.
Please see the Minnesota Facilities Handbook for more information and
examples of acceptable facilities.
Although a falconer may need many items to care for their raptor, the only
required items are:
◾jesses or the materials and equipment to make them;
◾leash and swivel;
◾bath container; and
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◾appropriate scales or balances for weighing raptor(s).
Other common items that a falconer may need are:
◾hood;
◾movable metal hoop stand; and
◾giant hood
Please see the Minnesota Facilities Handbook for more information and
equipment examples.
Falconry facilities may be on property not owned by the permittee:
◾If the permittee's primary residence is also located at that property.
◾If the permittee's primary residence and the facilities are 30 miles or less
apart.
◾If the permittee's primary residence and the facilities are over 30 miles apart
and used for 120 days or less annually.
Regardless of location, the raptors must be maintained in a humane and healthy
manner, and the facilities must comply with federal regulations.
When facilities are on property not owned by the permittee, the property owner
must sign and date a statement showing that they agree that the falconry
facilities and raptors may be inspected by State authorities at any reasonable
time of day in the presence of the property owner; except that the authorities
may not enter the facilities or disturb the raptors unless the permittee is present.
◾All falconry and propagation permittees must report a permanent change in the
location of their permitted facilities to the Minnesota Falconry Coordinator
within five days following the move.
◾Until new facilities are inspected, the permittee must house their raptors as
described below under "Temporary Facilities" or "Temporary Raptor Care"
◾Persons moving out of state must comply with the above regulations, but they
must also contact the Falconry Coordinator in the state to which they are
moving within 30 days and comply with that state's regulations.
◦Permittees may keep falconry birds that they possess while applying for a falconry
permit in a new state. However, the State, tribe, or territory into which they
move may place restrictions on their possession of falconry birds until they meet
the residency requirements there.
◦Permittees moving to states that require a residency period prior to being able to
obtain a falconry permit within that state may retain their Minnesota Falconry
Permit, provided they submit written approval of the coordinator in the new
state. The updated Minnesota Falconry Permit will expire on the date that
residency requirements have been met. The updated permit will not authorize
the permittee to possess birds under the permit; they may only use the permit to
fly and hunt with raptors provided they follow the regulations of their new state.
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If the permittee has raptors in their possession at the time of a move, the raptors
may need to be transferred to another permittee until they obtain the falconry
permit of the new state.
◦Propagation permits are not transferrable out of state.
When raptors are being transported, used for hunting, or are away from home,
permittees must ensure that the bird has a suitable perch and is protected from
extreme temperatures, wind, and excessive disturbance. A “giant hood” or
similar container is acceptable for transporting or housing a raptor when away
from the permanent facilities. When trapping, transporting, working with, or
flying raptors, the permittee must have their permit or legible copies of their
permit in their immediate possession.
Temporary facilities that will house the bird for longer than a hunting weekend,
such as during a move or during temporary work assignments, must provide the
raptor with a suitable perch and protection from predators, domestic animals,
extreme temperatures, wind, and excessive disturbance (see "Facilities and
Equipment Standards" for a list of minimum requirements all facilities, whether
permanent or temporary, must have).
A raptor may be held in temporary facilities:
◾For a period not to exceed 30 days
◾Upon request, the Falconry Coordinator, in writing, may extend the period the
permittee may temporarily house their raptors for up to 120 calendar days.
After 120 days:
◾The raptor must be housed in permanent facilities as outlined above under
"Facilities and Equipment Standards".
◦The facilities must be inspected and approved by a Conservation Officer, Nongame
Specialist, or Falconry Coordinator
◦The new facilities location must be added to the permittee's permit.
◾Permittees may also transfer their raptors to other permittees, provided that
permittee has room to accommodate the raptors and is authorized to have
those species.
◾Minnesota Resident Falconers that house their raptors at a location other than
their primary facilities for more than 120 consecutive days:
◦Must request to add the facilities at the second location to their Minnesota
Falconry Permit.
◦Must comply with state and federal regulations for both facilities locations and
have the facilities at the 2nd location inspected (whether it is in Minnesota or a
different state).
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◦May also be required to obtain a permit in the state, tribe, or territory where the
permittee lives part time.
◾Nonresident falconers who reside in Minnesota for 120 days or more with their
birds:
◦Must comply with state and federal facilities regulations and have their facilities
inspected.
◦Must apply for a Minnesota Falconry Permit (see Falconry Permit
Application Requirements).
A permitted raptor, including a nestling, may be temporarily held by a person
other than the permittee. The permittee must inform the Falconry Coordinator, in
writing, within ten days of the transfer, specifying:
1. Where the raptor is to be held.
2. The reason for the transfer.
3. Who is to care for the raptor.
4. What that person is allowed to do with the raptor.
5. Approximately how many days the raptor is expected to be in the care of the
person.
Falconry raptors may be cared for by another permitted falconer:
◾Care may be at the permittees facilities or at the facilities of the other falconer.
◾Care may be provided for up to 120 consecutive calendar days.
◦Care of the raptors may be extended indefinitely in extenuating circumstances,
such as illness, military service, or for a family emergency. Such instances will be
considered on a case-by-case basis.
◾The raptors must be reported as a loan or transfer with appropriate paperwork
submitted within ten days.
◾The raptors will remain on the falconry permit of the original falconer when
reported as a loan and will not be counted against the possession limit of the
person caring for the raptors.
◾If the person caring for the raptors holds the appropriate level falconry permit,
they may fly the raptors in whatever way authorized by the original permit
holder, including hunting.
◾The person caring for the raptors must have a signed and dated statement
from the original permit holder authorizing the temporary possession and
copies of the 3-186a forms. The statement must include information about the
time period for which they will keep the raptors, and about what they are
allowed to do with the raptors.
◾EXCEPTION: The temporary care of a falconry raptor by a permitted
propagator for propagation purposes only requires submission of a 3-186a.
Terms less than 120 days may be reported as a loan to that person's
propagation permit. Terms longer than 120 days require submission of a
3-186a reported as a transfer to that person's propagation permit.
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Propagation raptors may be cared for by another permittee:
◾Care may be provided for up to 120 calendar days.
◦Care of the raptors longer than 120 days requires submission of a 3-186a reported
as a transfer to that person's permit.
◾The raptors must be reported as a loan or transfer with appropriate paperwork
submitted within ten days.
◾The raptors will remain on the permit of the original propagator when reported
as a loan and will not be counted against the possession limit of the person
caring for the raptors.
◾The person caring for the raptors must have a signed and dated statement
from the original permit holder authorizing the temporary care for the birds.
The date care begins must be noted in the letter.
◾The raptors may not be used in falconry or in propagation.
◦Use of the raptors in falconry or captive propagation requires submission of a
3-186a reported as a transfer to that person's permit.
Falconry raptors may be cared for by someone who does not have a falconry
permit:
◾Care may be provided for up to 45 consecutive calendar days
◦This care may be extended indefinitely in extenuating circumstances, such as
illness, military service, or for a family emergency. Such instances will be
considered on a case-by-case basis.
◾The raptors must remain at the falconer's facilities.
◾The raptors will remain on the falconer's falconry permit.
◾The person caring for the raptors may not fly them for any reason.
Propagation raptors may be cared for by someone who does not have a
permit:
◾Care may be provided for up to 120 consecutive calendar days.
◦This care may be extended indefinitely in extenuating circumstances, such as
illness, military service, or for a family emergency. Such instances will be
considered on a case-by-case basis.
◾The raptors must remain at the propagator's facilities.
◾The raptors will remain on the propagator's permit.
◾The person caring for the raptors may not fly them for any reason.
Propagation nestlings may be cared for by someone who does not hold a
migratory bird permit:
◾Another person may temporarily care for and band nestlings from the time
they are hatched until they are fully feathered.
◾The other person is allowed to keep the nestlings at another location.
◾The person caring for the raptors must have a signed and dated statement
from the original permit holder authorizing the temporary care for the birds.
The date care begins must be noted in the letter.
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◾The care can be part of each day during the nestling period so that the
nestlings can be fed, or it can be a series of full days if transport to and from
the breeding facility is not practical or needed.
The above information is a brief summary of the state and federal falconry
regulations. For complete falconry regulations, consult Minnesota Rules Chapter
6234.0800, Chapter 6238, and Federal Regulations 50-CRF 21.29 and 50-CRF
21.30.
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1
July 2015
To whom it may concern,
Falconry is an ancient and unique cultural heritage that has been practiced for more than 4,000
years across the world. It offers an unparallel experience with the birds we train and the quarry
pursued. The sport of falconry involves a hands-on apprenticeship in which knowledge is passed
to emerging falconers. The Minnesota Falconers Association (MFA) and North American
Falconer’s Association are important information resources and participants in raptor
conservation.
Founded in 1971, the MFA has been involved in falconry and raptor conservation for over 40
years. In that time our members have played a key role in many falconry events across the
country including the reintroduction of the Peregrine Falcon and the placement of the state and
federal regulations. We have also provided support via fundraisers and a considerable amount of
personal involvement. Currently, MFA members continue to support the Midwest Peregrine
Society and The Raptor Center in their continuing conservation efforts with the proceeds from
our annual game dinner and volunteer time. We are committed to practicing the sport of falconry
with the highest ethical standards upholding the traditions of old while creating a path for future
generations. For the last 45 years falconry was regulated by a joint state and federal relationship.
Due to a federal environmental assessment performed on falconry which determined that the
sport has “no impact on the resource”, the regulation of the sport is being handed over to the
state wildlife authorities.
One of the requirements in obtaining and keeping a raptor is the construction and inspection of
facilities where the raptor will be kept. The requirements include a ‘mew’ or sturdy indoor
structure where the raptor has protection from extreme weather, and ‘weathering area’ or outdoor
facility that is completely enclosed but allows the raptor to take in natural elements. Individual
facilities can have a lot of variability in appearance and lay out. Some may look like a sheltered
dog kennel while other may look like a well build shed from the outside. It all depends on the
individual falconer’s location and design.
Facilities can be included in rural or urban neighborhoods. They can be constructed to
accommodate a given space or neighborhood appeal. Most MFA members are in the Twin City
metro area and it is common to have a mew/weather area in a highly residential city. The raptors
themselves pose no threat to the public and in most cases people will not know a raptor is housed
in the facility even after the bird has been kept in them for months or years. Falconry is highly
regulated and the apprenticeship program ensures it is practiced, and raptors kept, in the most
ethically and humane way possible.
mnfalconry.org