Minn. R. 4761 § 4761.2540

BARE SOIL ANALYSES WITHIN AN URBAN CENSUS TRACT.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 9/30/2026MinnesotaLead-Based Paint

Operative Text

Minn. R. 4761 § 4761.2540
Subpart 1. Multisite soil sampling.
An assessing agency may collect and analyze bare soil samples in an urbanized area to determine lead contamination. If performed according to the criteria in subpart 2, and if at least 25 percent of the soil samples have lead concentrations that exceed the standard in part 4761.2510, subpart 3, the assessing agency may issue lead orders for bare soil for any subsequent lead risk assessments in the area without further sampling and analyses of soil. If a property owner requests that soil sampling be performed before the issuance of a lead order, the assessing agency must comply with that request.

Subp. 2. Sampling criteria.
A. An assessing agency must collect and analyze bare soil samples for purposes of subpart 1 according to this subpart.
B. The area sampled must be in a standard metropolitan statistical area and must be no greater than a census tract.
C. A map of the area must be prepared that shows the location of residences, boulevards, streets, alleys, schools, play areas, and all areas of bare soil.
D. Twelve samples must be collected from within three feet of foundations. Separate composite samples must be collected from areas in residential yards in which children play.
E. A soil sample must be collected according to documented methodologies.
F. A standard soil sampling tube or a putty knife is an acceptable sampling tool. The sampling tool must be cleaned before each use.
G. Soil samples must be labeled so that the following information is provided for each sample:
(1) a sample identification number;
(2) the sampling date;
(3) the street address, including city or township and county, where the sample was collected;
(4) the census tract number;
(5) the name of the individual doing the sampling; and
(6) the soil sample location.
H. An assessing agency must notify the commissioner within 30 days after determining an urban census tract meets the criteria in subpart 1.
I. An assessing agency must prepare a report describing how and where the samples were collected. The assessing agency must provide a copy of the report at no cost to the commissioner upon request. The assessing agency must retain the report for as long as it is the basis for issuing lead orders without additional soil sampling.
Source: Legislative text reproduced verbatim
Plain English

Minnesota Rule 4761 § 4761.2540 establishes a process by which an assessing agency can conduct area-wide bare soil sampling within an urban census tract to detect lead contamination. If the sampling meets specific procedural criteria and at least 25 percent of collected samples exceed the lead concentration standard set in part 4761.2510, the agency may issue lead orders for subsequent risk assessments in that area without re-sampling each individual property. A property owner retains the right to request site-specific soil sampling before any lead order is issued against their property.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 30, 2026

Plain English — not legal advice.

For Property Managers

Under Minn. R. 4761 § 4761.2540, property owners in an urban census tract may find themselves subject to a lead order based on area-wide soil sampling results rather than sampling conducted specifically at their property. Compliant operators generally stay informed about whether their census tract has been designated under this provision and maintain awareness of any lead orders that may apply to their properties. Importantly, the rule preserves a property owner's right to request individual soil sampling before a lead order is issued, a procedural option that operators in affected areas typically document and track.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Minn. R. 4761 § 4761.2540 is relevant to tenants living in urban census tracts where an assessing agency has conducted area-wide bare soil lead testing, because lead orders can be issued for properties in those areas based on the broader sampling results. Tenants who are concerned about lead contamination in bare soil at their residence may want to learn whether their census tract has been designated under this provision and whether a lead order has been issued. Tenant-rights organizations and local health departments can be useful resources for understanding what lead orders mean for occupants and what remediation or disclosure rights may apply.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 30, 2026
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References Out

Rules and statutes cited by this regulation

Minn. R. 4761.2510
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References In

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Related Rules

§ 127H
Repealed, 1992, 407, Sec. 9
§ 127M
Repealed, 1975, 615
§ 190
Program for the prevention, screening, diagnosis and treatment of lead poisoning; lead poisoning control director; advisory committee

Source Information

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