USA Statutes : minnesota
Title : FORESTRY
Chapter : State forests; tree planting; forest roads
89.001 Definitions.
Subdivision 1. Applicability. Unless the language or context
clearly indicates that a different meaning is intended, the following
terms for the purpose of this chapter, shall have the meanings
ascribed to them. Subd. 2. Department. "Department"
means the Department of Natural Resources of the state of Minnesota.Subd. 3. Commissioner. "Commissioner" means the
commissioner of natural resources or agent of the commissioner.
Subd. 4. Forest land. "Forest land" means land which is at
least ten percent stocked by trees of any size and capable of
producing timber, or of exerting an influence on the climate or on
the water regime; land from which the trees described above have been
removed to less than ten percent stocking and which has not been
developed for other use; and afforested areas. Subd. 5.
Timber. "Timber" means trees that will produce forest products of
value, whether standing or down, and including but not limited to
logs, bolts, pulpwood, posts, poles, cordwood, lumber and decorative
material. Subd. 6. State forest lands. "State forest
lands" means all land and waters owned by the state within state
forests, including all lands set apart under the Constitution of the
state of Minnesota, article XI, section 11, and laws enacted pursuant
thereto, but excepting lands acquired by the state for other specific
purposes or tax-forfeited lands held in trust for the taxing
districts unless incorporated into state forests as otherwise
provided by law. Subd. 7. Reproduction. "Reproduction"
means young stands of commercial tree species ranging from one foot
high to 4.9 inches diameter at 4-1/2 feet above the ground and at
least ten percent stocked. Subd. 8. Forest resources.
"Forest resources" means those natural assets of forest lands,
including timber and other forest crops; biological diversity;
recreation; fish and wildlife habitat; wilderness; rare and
distinctive flora and fauna; air; water; soil; and educational,
aesthetic, and historic values. Subd. 9. Multiple use.
"Multiple use" means the principle of forest management by which
forest resources are utilized in the combinations that will best meet
the needs of the people of the state; including the harmonious and
coordinated management of the forest resources, each with the other,
without impairment of the productivity of the land and with
consideration of the relative values of the resources, and not
necessarily the combination of uses resulting in the greatest
economic return or unit output. Subd. 10. Sustained
yield. "Sustained yield" means the principle of forest management
for the achievement and maintenance in perpetuity of a high-level
annual or regular periodic output of forest resources without
impairment of the productivity of the land; allowing for periods of
intensification of management to enhance the current or anticipated
output of one or more of the resources. Subd. 11.
Reforestation. "Reforestation" means the process of natural or
artificial forest regeneration, including securing seed, growing
seedlings, preparing sites, planting seed, planting trees, removing
deleterious growth and underbrush and other activities related to
forest regeneration. Subd. 12. Extractive use.
"Extractive use" means the removal of sand, gravel, peat or any
mineral from beneath the surface of the land. Subd. 13.
Forest lands under the authority of the commissioner. "Forest
lands under the authority of the commissioner" means state forest
lands and other forest lands managed by the commissioner outside of
state forests, except for tax-forfeited lands held in trust for the
taxing districts and for the following units of the outdoor
recreation system as defined in section 86A.04:
state parks, state trails, state wildlife management areas, state
scientific and natural areas, state water access sites, state
historic sites, state rest areas and state wilderness areas.
Subd. 14. State forest road. "State forest road" means a
road constructed, acquired, maintained, or administered by the
commissioner for the purpose of carrying out forest resource
management policy as set forth in section 89.002.
89.002 Policies.
Subdivision 1. Forest resource management policy. The
commissioner shall manage the forest resources of state forest lands
under the authority of the commissioner according to the principles
of multiple use and sustained yield. The forest resource management
policy shall not supersede any existing duty or authority of the
commissioner in managing forest lands, but the duties and
authorities, as far as practicable, shall be exercised consistently
with this policy. The forest resource management policy is not
intended to exclude extractive uses of forest lands under the
authority of the commissioner pursuant to state law. Subd. 2.Reforestation policy. (a) The commissioner shall maintain all
forest lands under authority of the commissioner in appropriate
forest cover with species of trees, degree of stocking, rate of
growth and stand conditions designed to secure optimum public
benefits according to multiple use, sustained yield principles and
consistent with applicable forest management plans. (b) Each
year the commissioner shall strive to assure that (1) reforestation
occurs annually on an acreage at least equal to the acreage harvested
that year on all forest lands under the authority of the
commissioner; (2) additional reforestation is accomplished on areas
previously harvested but not adequately reforested so that the
backlog of reforestation work can be eliminated; and (3) poorly
stocked forest land, or forest land damaged by natural causes, shall
be returned to a state of productivity. Subd. 3. Forest
road policy. The commissioner shall provide a system of forest
roads and trails which provides access to state forest land and other
forest land under the commissioner's authority which is adequate to
permit the commissioner to manage, protect, and develop those lands
and their forest resources consistent with the forest resource
management policy, and to meet demands for forest resources.
89.01 Commissioner, powers and duties. Subdivision 1. Best methods. The
commissioner shall ascertain and observe the best methods of
reforesting cutover and denuded lands, foresting waste and prairie
lands, preventing destruction of forests and lands by fire,
administering forests on forestry principles, encouraging private
owners to preserve and grow timber for commercial purposes, and
conserving the forests around the head waters of streams and on the
watersheds of the state. Subd. 2. General duties. The
commissioner shall execute all rules pertaining to forestry and
forest protection within the jurisdiction of the state; have charge
of the work of protecting all forests and lands from fire; shall
investigate the origin of all forest fires; and prosecute all
violators as provided by law; shall prepare and print for public
distribution an abstract of the forest fire laws of Minnesota,
together with such rules as may be formulated. The commissioner
shall prepare printed notices calling attention to the dangers from
forest fires and cause them to be posted in conspicuous places.
Subd. 3. Fire damage. Damage by fire occurring to state
timber, reproduction or lands, when coming to the knowledge of the
commissioner, shall be promptly reported to the attorney general, who
may either enforce collection of such demands directly or may employ
private attorneys therefor on such terms, not contingent, as the
attorney general deems for the best interests of the state. The
amount so collected, after deducting therefrom the fees of such
attorneys, if any, and other necessary expenses incurred in
investigation, preparation for trial, and trial, shall be paid into
the state treasury and credited to the fund that would have been
entitled to receive the sale price of the lands, reproduction, or
timber if sold; or, if there be no such fund, then such money shall
be credited to the general fund. The attorney general, either in or
out of court, may compromise and settle state claims for fire damage
to state lands, reproduction, or timber, on such terms as the
attorney general deems for the best interests of the state.
Subd. 4. Forest plans. The commissioner shall cooperate with
the several departments of the state and federal governments and with
counties, towns, corporations, or individuals in the preparation of
plans for forest protection, management, replacement of trees, wood
lots, and timber tracts, using such influence as time will permit
toward the establishment of scientific forestry principles in the
management, protection, and promotion of the forest resources of the
state. Subd. 5. Eliminating state forest land. When any
tract or tracts of land that are included in areas set apart as state
forests are found to be more valuable for agriculture than for
forestry or other conservation purposes, or when any tract or tracts
of land used as a forestry administrative site are found to be no
longer needed for administrative purposes, the commissioner by
written order may eliminate such lands from state forests whereupon
such lands shall be subject to sale the same as other lands not
reserved. When any tract or tracts of land that are included in
areas set apart as state forests are found to be more valuable for
the construction of industrial plants or for purposes including
forestry essential to the establishment of or expansion of
substantial commercial developments, the commissioner, by written
order, with the unanimous approval of the Land Exchange Board may
eliminate such lands from state forests whereupon such lands shall be
subject to sale the same as other lands not reserved. Subd. 5a.Sale of state forest land. Any state lands included in areas
set apart as state forests are eliminated from the state forest upon
sale under the provisions of sections 92.06
to 92.08
or 94.09
to 94.16.Subd. 6. Designating state lands. When any state lands
not reserved or set aside are found by the commissioner to be more
valuable for the production of timber than for agriculture the
commissioner may by written order designate such lands as state
forest or adjust the boundaries of state forests subject to the
approval of the state legislature at its next regular session.
Subd. 7. Forest road coordination committees. The
commissioner shall establish a forest road coordination committee in
each forestry administrative area in which a state or county forest
road is located. The commissioner shall appoint as members
representatives from among the following: road authorities, county
land commissioners, local governments, the forest products industry,
and forest recreation interests. Each committee must meet at least
once annually. The committees shall assist in providing a
transportation system to facilitate the protection, management, and
use of this state's forest resources. The purpose of the committees
includes coordination of the planning, construction, maintenance, and
use of forest roads, and of restrictions on their use.
89.011 Forest resource management plan. Subdivision 1. Preparation. By
July 1, 1983, the commissioner shall prepare a comprehensive forest
resource management plan designed to implement the policies stated in
section 89.002.
The plan shall include an assessment and program elements as provided
in subdivisions 2 and 3 and any other issues which the commissioner
determines should be included in the plan. Subd. 2. Forest
assessment. The assessment shall be updated at least once every
ten years and shall include but not be limited to the following:
(a) The present and projected use and supply of and demand for forest
resources in the state; (b) The development of a forest resources
database, compatible with the database of the Minnesota Land
Management Information Center, capable of continuous updating and
usable as a tool in effectively managing forest resources, utilizing
existing databases as much as practicable; (c) The current and
anticipated reforestation needs for forest land, including the amount
of backlog areas, current and anticipated allowable harvests,
identifying poorly stocked forest land, and delineating those areas
needing reforestation which are prime forest lands or otherwise
likely to produce optimum public benefits from reforestation; and
(d) An inventory and map of all existing state forest roads and
classification by use, standard and condition. Subd. 3.
Program elements. The program shall be updated every four years
and shall describe specific actions to address the assessment and to
implement the forest resources management policy of section 89.002,
including but not limited to: (a) Improvement of silvicultural
practices and improved methods for harvesting and utilizing timber
and timber residues; (b) Measures to improve reforestation
practices; (c) Measures to enhance recreational opportunities and
fish and wildlife habitat; (d) The identification of "prime
forest land" according to criteria developed by the commissioner;
(e) Priorities for construction and improvement of forest roads to
achieve the state forest road policy, including the development of
alternative methods for financing forest road construction,
improvement and maintenance, and for imposing a reasonable share of
the costs of the forest road system on those who directly benefit
from the availability and use of the system; (f) A description of
how the multiple use and sustained yield management policy will apply
to decisions about other public and private uses of forest lands and
resources, including: (1) extractive uses; (2) utility
corridors; (3) industrial, commercial, agricultural and
institutional uses; (4) residential and seasonal use; and (g)
An estimate of the expenditures necessary to implement the elements
of the program, along with the sources and amounts of revenue
available or necessary to finance the estimated expenditures.
Subd. 4. Federal coordination. The Department of Natural
Resources shall coordinate all forest resources planning efforts with
the appropriate federal agencies in order to achieve optimum public
benefit, to obtain federal assistance, to participate in the federal
forestry planning process, and to enhance the productivity and
multiple use management of forest resources. Subd. 5.
Public and private coordination. The Department of Natural
Resources shall coordinate all forest resources planning efforts with
counties and other public agencies and private organizations engaged
in forest resource management and research. Subd. 6. Staff
assistance. In preparing the forest resources management plan the
commissioner is authorized to utilize existing professional staffs of
state agencies when the expertise of the staff of a state agency is
necessary to fully prepare the plan.
89.012 Unit forest resource plans. Each geographic administrative unit of the Division
of Forestry identified by the commissioner as an appropriate unit for
forest resource planning shall have a unit forest resource plan which
is consistent with the forest resource management policy and plan,
including state reforestation and road policies. The scope and
content of the plan shall be determined by the commissioner. The
plan is not subject to the rulemaking provisions of chapter 14 and
section 14.386
does not apply. A unit plan shall not be implemented until approved
by the commissioner by written order that is published in the State
Register. A unit plan shall set forth the specific goals and
objectives for the management, protection, development, and
production of forest resources in the administrative unit. A unit
plan shall be integrated with other uses not managed under the
multiple use, sustained yield principles policy when those uses have
been authorized and approved according to law, including compliance
with environmental review procedures. Unit plans shall be revised as
necessary to remain consistent with the forest resource management
plan.
89.013 Repealed, 1996 c 310 s 1
89.014 Repealed, 1996 c 310 s 1
89.015 Southern Minnesota tree species, research. Research shall be carried on by the
University of Minnesota School of Forestry in cooperation with the
Division of Lands and Forestry of the Department of Natural
Resources, North Central Forest Experiment Station of the United
States Forest Service, individual timber land owners and others
directly concerned on such valuable southern Minnesota tree species
as basswood, red elm, rock elm, red and white oak, black walnut,
black cherry, butternut and green ash to develop means of increasing
the contribution of the large acreage of farm woodlands to the
agricultural economy. The research effort will be concentrated on
such important problems as means of reproducing basswood, development
of planting stock, selection of superior strains of these species,
methods of field planting, management of existing stands, and methods
of increasing the representation of these species in woodlands and
forests in need of rehabilitation because of past damage from
high-grading, burning, and grazing.
89.016 Forest campgrounds. The commissioner must hold a public meeting before closing a
campground in a state forest for a camping season. The public
meeting must be held near the state forest where the campground is to
be closed.
89.018 Heritage forests. Subdivision 1. Establishment; termination. (a) The
commissioner may establish, by written order published in the State
Register, heritage forest areas within counties named under this
subdivision if: (1) the commissioner determines that
establishment is consistent with the purposes of the heritage forest;
and (2) the county board has submitted a resolution to the
commissioner delineating and requesting establishment of the heritage
forest areas of the county. (b) The named counties for the Big
Woods Heritage Forest are: (1) Blue Earth; (2) Carver;
(3) Dakota; (4) Hennepin; (5) Le Sueur; (6) McLeod;
(7) Meeker; (8) Nicollet; (9) Rice; (10) Sibley; (11)
Scott; (12) Waseca; and (13) Wright. (c) The
commissioner may terminate the heritage forest status of an area
within a county if the commissioner determines that the termination
would be in the public interest and the county board has submitted a
resolution to the commissioner requesting termination. Subd. 2.Commissioner's powers. (a) Within areas established as a
heritage forest under subdivision 1, the commissioner may: (1)
designate, by written order published in the State Register, any
commissioner-administered state-owned lands as heritage forest lands
for management purposes, including lands that have previously been
designated for another purpose; (2) accept donations of land,
including easements under subdivision 3, for heritage forest
management; (3) manage lands designated by local governments for
heritage forest management; and (4) contract with other agencies
or organizations for management services, including any required
monitoring activities. (b) Lands designated under paragraph (a),
clause (1), that were previously designated by law or by the
commissioner continue to be subject to requirements and uses
authorized under the previous designation. Subd. 3.
Easements. (a) The commissioner or a political subdivision may
individually or jointly acquire heritage forest land for conservation
purposes in areas established under subdivision 1 by entering into
easements with landowners. The easements must be conservation
easements as defined in section 84C.01,
clause (1), except the easements may be made possessory as well as
nonpossessory if agreed upon by the landowner and the commissioner or
political subdivision. (b) In an easement agreement between the
commissioner or political subdivision and a landowner, the landowner
must agree: (1) to place forest lands in the program for the
period of the easement; (2) to implement a heritage forest
stewardship plan as provided in the easement agreement; (3) not
to alter the heritage forest by developing the land, cutting timber
that is not identified in the forest stewardship plan, or otherwise
destroying the heritage forest character of the easement area;
(4) to allow the commissioner or political subdivision or agents of
the commissioner or political subdivision access to the land for
monitoring activities; (5) not to adopt a practice specified by
the commissioner or political subdivision in the easement as a
practice that would tend to defeat the purposes of the heritage
forest; and (6) to additional provisions included in the easement
that the commissioner or political subdivision determines are
consistent with the purposes of the heritage forest program. (c)
A limited-term easement may be converted to a permanent easement or
renewed at the end of the easement period by mutual agreement of the
commissioner or political subdivision and the landowner. (d) If
during the easement period the landowner sells or otherwise disposes
of the ownership or right of occupancy of the land, the new landowner
must continue the easement under the same terms or conditions.
(e) If during the limited-term easement period the landowner sells or
otherwise disposes of the ownership or right of occupancy of the
land, the new landowner may continue the easement under the same
terms or conditions. (f) The commissioner or political
subdivision may terminate an easement by mutual agreement with the
landowner if the commissioner or political subdivision determines
that the termination would be in the public interest. The
commissioner or political subdivision may agree to modification of an
agreement if the commissioner or political subdivision determines the
modification is desirable to implement the heritage forest program.Subd. 4. Forest stewardship registration. Private
landowners may establish their lands as heritage forest land by
having a heritage forest stewardship plan prepared and by completing
a stewardship registration agreement. A stewardship registration
agreement is a nonbinding commitment by a landowner to provide
stewardship to forested lands. In a stewardship registration
agreement, a landowner acknowledges an intent to implement a heritage
forest stewardship plan. If the landowner sells or otherwise
disposes of the ownership or right of occupancy of the land, the
commissioner shall terminate the stewardship registration agreement.
A new owner must enter into a new stewardship registration agreement
to continue recognition of the forest land as heritage forest. The
commissioner may terminate a stewardship registration agreement by
mutual agreement of the landowner if the commissioner determines the
termination would be in the public interest. Subd. 5.
Highways. The establishment of a heritage forest shall not, by
itself, impose any additional restrictions upon the commissioner of
transportation or a local road authority, to construct, improve, or
maintain a highway, as defined in section 160.02,
subdivision 26. Subd. 6. State regulation and control.
Nothing in this chapter shall be used to authorize the acceptance of
grants or agreements that would preempt state regulation and control
of state lands. Subd. 7. Rulemaking exemption.
Designations under subdivisions 1 and 2 are not subject to the
rulemaking provisions of chapter 14 and section 14.386
does not apply.
89.021 State forests.
Subdivision 1. Established. There are hereby established and
reestablished as state forests, in accordance with the forest
resource management policy and plan, all lands and waters now owned
by the state or hereafter acquired by the state, excepting lands
acquired for other specific purposes or tax-forfeited lands held in
trust for the taxing districts unless incorporated therein as
otherwise provided by law.
89.0211 Sale of state forest lands adjacent to platted areas. Notwithstanding
section 89.021,
the commissioner may sell state forest lands that are adjacent to
areas platted under section 92.46
in accordance with the applicable procedures in chapter 92 or 94.

89.022 Disposal of tillable land in Memorial Hardwood Forest. Subdivision 1.
Exchange or sale required. If any parcel acquired for the
Memorial Hardwood Forest after July 1, 1977 contains more than ten
contiguous acres of tillable land adjacent to other tillable land or
to a maintained public road or a farm homestead consisting of a
residence and farm buildings abutting a maintained public road, the
commissioner of natural resources shall either exchange the land for
other land suitable for forest purposes or declare the land as
surplus land to the commissioner of administration. The commissioner
of administration shall offer the land for sale in the manner
provided by law not less than six months after acquisition by the
state and once thereafter in each of the next two years. Tillable
land is land classified as class 1, 2, or 3 as defined by the United
States Soil Conservation Service. Notwithstanding any law to the
contrary neither the state nor any of its subdivisions shall be
required to construct or maintain any street, highway or other road
to provide access to any parcel of land sold or exchanged pursuant to
this section. The commissioner of natural resources may retain
easements over parcels sold or exchanged pursuant to this section as
are required for purposes of providing access to public waters or
forest lands or access to insure stream bank stabilization and
protection. Subd. 2. Exemption. The commissioner of
natural resources may apply to the Legislative Commission on
Minnesota Resources for an exemption from the exchange or sale
requirements of subdivision 1 in instances where it can be
demonstrated that unique recreational, historical or scientific
values would be destroyed by the exchange or sale of tillable land or
a farm homestead. Exemptions shall be decided by the commission on
an individual basis. If the application for exemption is not decided
by the commission within 90 days, the application shall be deemed to
have been denied. Subd. 3. Disposition. Money collected
pursuant to section 89.022 shall be deposited in the general fund.

89.025 Dorer Memorial Hardwood Forest; land use restricted. After June 1, 1993,
the commissioner may not allow the use of additional state forest
lands within the boundaries of the Richard J. Dorer Memorial Hardwood
State Forest for development or operation of a motor sports area for
use by all-terrain vehicles, motorcycles, or four-wheel drive trucks
without legislative approval. This restriction does not apply to
recreational trails.
89.03 Advancement of education. The commissioner may advance education in forestry within
the state by publications and lectures, and upon the invitation of
the director of the School of Forestry of the University of Minnesota
may cooperate with the school, and the school shall furnish such aid
to the commissioner as, in the circumstances, is consistent with its
own proper functions.
89.031 Management and control. All state forest lands shall be under the management and
control of the commissioner who shall have authority to make,
establish, promulgate and enforce all necessary rules not
inconsistent with the laws of the state for the care and management
of state forest lands.
89.032 Acquisition of land. Subdivision 1. Acquisition for state use and
development. The commissioner may acquire administrative sites or
rights-of-way by eminent domain, in the manner provided by law, or by
purchase any lands or interest in lands in the state forests as
created by law, which the commissioner deems necessary for state use,
and development. Subd. 2. Acquisition for state
forests. The commissioner may acquire lands or interest in lands
for state forest purposes subject to mineral reservations. Subd.
3. Leases for forestry purposes. The commissioner may lease
any land which the commissioner deems necessary for use for
buildings, lookout towers, or other facilities for forestry purposes
for such period as deemed necessary.
89.033 Gifts. The
commissioner may accept for and in behalf of the state, any gift,
bequest, devise, or grant of land or interest in lands in any state
forests, or of money or personal property of any kind, which the
commissioner may deem suitable for use in connection with the
operation, control, development, or use of any state forest. 89.034 Tax-forfeited lands, inclusion in state forests. Whenever the board of county
commissioners, by resolution duly adopted, resolves that any lands,
forfeited for nonpayment of taxes, lying within the boundaries of any
of the forests hereinabove designated, or that certain tax-forfeited
land lying outside of such boundaries and classified as conservation
lands are suitable primarily for the growing of timber and timber
products, it may submit such resolution to the commissioner. If,
upon investigation, the commissioner determines that the lands
covered by such resolution can best be managed and developed as state
forest lands or as a portion of an existing state forest, the
commissioner shall make a certificate describing the lands and
reciting the acceptance thereof on behalf of the state as state
forest lands. The commissioner shall transmit the certificate to the
county auditor, who shall note the same upon records of the auditor
and record the same with the county recorder. The title to all lands
so accepted shall be held by the state free from any trust in favor
of any and all taxing districts, and such lands shall thereafter be
managed and devoted to the purposes of state forest lands in the same
manner as lands hereinabove set apart as state forest lands, and
subject to all the provisions of law.
89.035 Income from state forest lands; disposition. All income which may be received from
lands acquired by the state heretofore or hereafter for state forest
purposes by gift, purchase or eminent domain and tax-forfeited lands
to which the county has relinquished its equity to the state for
state forest purposes shall be paid into the state treasury and
credited as provided in this section, except where the conveyance to
and acceptance by the state of lands for state forest purposes
provides for other disposition of receipts. The income derived from
timber sales receipts shall be credited to the forest management
investment account and the amounts derived from all other receipts
shall be credited to the general fund.
89.036 Repealed, 1992 c 513 art 2 s 32
89.037 Repealed, 1961 c 223 s 14
89.038 Repealed, 1961 c 223 s 14
89.039 Forest management investment account. Subdivision 1. Account established;
sources. The forest management investment account is created in
the natural resources fund in the state treasury and money in the
account may be spent only for the purposes provided in subdivision 2.
The following revenue shall be deposited in the forest management
investment account: (1) timber sales receipts transferred from
the consolidated conservation areas account as provided in section 84A.51,
subdivision 2; (2) timber sales receipts from forest lands as
provided in section 89.035;(3) money transferred from the forest suspense account according
to section 16A.125,
subdivision 5; and (4) interest accruing from investment of the
account. Subd. 2. Purposes of account. Subject to
appropriation by the legislature, money in the forest management
investment account may be spent by the Department of Natural
Resources in accordance with the forest resource management policy
and plan for any of the following purposes: (1) reforestation and
timber stand improvement, including forest pest management; (2)
timber sales administration, contract marking of commercial thinning
sales, cultural resource reviews, and other timber sales costs; and(3) state forest road maintenance costs that exceed
appropriations under section 89.70.

89.04 Repealed, 1989 c 335 art 4 s 109
89.05 Accounting system. The Department of Natural Resources shall consolidate and
simplify the accounting system within the department for receipts
from department managed lands, disbursements made on a regular basis,
and the program for federal aids and grant reimbursements. The new
accounting system shall be implemented with the cooperation and under
the supervision of the Department of Finance.
89.06 Nursery and tree improvement plan. By February 1, 1983, the commissioner,
with the assistance of the agricultural experiment station of the
University of Minnesota, shall submit a plan to the legislature on
the benefits and costs of making the nursery and tree improvement
program in this chapter self-supporting. The plan shall include, but
not be limited to, at least the following elements: (a) tree
species and stand improvement; (b) adoption of a seed
certification system; (c) development of specialized seed tree
orchards; (d) implementation of modern nursery techniques;
(e) contractual arrangements with users of tree seedlings; and
(f) an economic analysis of surcharges and user fees that would make
the nursery and tree improvement program self-supporting.
89.08 Repealed, 1947 c 94 s 7
89.12 Repealed, 1961 c 223 s 14
89.13 Repealed, 1961 c 223 s 14
89.14 Repealed, 1961 c 223 s 14
89.15 Repealed, 1961 c 223 s 14
89.16 Repealed, 1961 c 223 s 14
89.163 Renumbered 90.60, subdivision 1
89.164 Renumbered 90.60, subd 2
89.165 Renumbered 90.60, subd 3
89.166 Renumbered 90.61
89.167 Renumbered 90.62
89.168 Renumbered 90.63
89.17 Leases and permits. The commissioner shall have power to grant and execute, in the
name of the state, leases and permits for the use of any forest lands
under the authority of the commissioner for any purpose which in the
commissioner's opinion is not inconsistent with the maintenance and
management of the forest lands, on forestry principles for timber
production. Every such lease or permit shall be revocable at the
discretion of the commissioner at any time subject to such conditions
as may be agreed on in the lease. The approval of the commissioner
of administration shall not be required upon any such lease or
permit. No such lease or permit for a period exceeding ten years
shall be granted except with the approval of the Executive Council.Hunting of wild game is prohibited on any land which has been
posted by the lessee to prohibit hunting. Such prohibition shall
apply to all persons including the lessee.
89.18 Roads through state forests, permits. No public highway, other than a state
trunk highway, shall be established or laid out through any state
forest as the same shall be created and withdrawn from public sale
and entry by existing or subsequent act, without the consent of the
commissioner, certified in writing to the public authority having
power to establish or lay out such highway. In any judicial
proceeding affecting the laying out of a highway, the court may
either sustain or reverse the action of the commissioner as the
court, in its discretion, may deem proper. The limitations and
restrictions provided in this section shall not apply to state-owned
lands which have not been expressly withdrawn from sale and created
and reserved as state forests. No state forest lands or right or
easement therein shall be taken by eminent domain for any purpose
without the consent of the commissioner, certified in writing to the
authority or corporation exercising such right of eminent domain.

89.19 Rules.
Subdivision 1. Rulemaking authority. The commissioner may
prescribe rules governing the use of forest lands under the authority
of the commissioner and state forest roads, or any parts thereof, by
the public and governing the exercise by holders of leases or permits
on forest lands and state forest roads of all their rights under the
leases or permits. Subd. 2. Rulemaking exemption.
Designations of forest trails and changes to the designations by the
commissioner shall be by written order published in the State
Register. Designations and changes to designations are not subject
to the rulemaking provisions of chapter 14 and section 14.386
does not apply. Before designating or changing a designation of
forest trails, the commissioner shall hold a public meeting in the
county where the largest portion of the forest lands are located to
provide information to and receive comment from the public regarding
the proposed trail designation or change in designation. Sixty days
before the public meeting, notice of the proposed forest trail
designation or change in designation shall be published in the legal
newspapers that serve the counties in which the lands are located, in
a statewide Department of Natural Resources news release, and in the
State Register.
89.20 Posted land, trespass. Camping on posted state forest land or the erection of any
type of building without written authorization shall be considered
trespass. Any violation of the terms of this section shall
constitute a misdemeanor. This does not prohibit temporary camping
on unrestricted areas for such purposes as hunting, fishing, berry
picking, or other similar uses of state forest land.
89.201 Repealed, 1955 c 714 s 3
89.21 Campgrounds, establishment and fees. (a) The commissioner is authorized to establish
and develop state forest campgrounds and may establish minimum
standards not inconsistent with the laws of the state for the care
and use of such campgrounds and charge fees for such uses as
specified by the commissioner of natural resources. (b)
Notwithstanding section 16A.1283,
the commissioner shall, by written order, establish fees providing
for the use of state forest campgrounds. The fees are not subject to
the rulemaking provisions of chapter 14 and section 14.386
does not apply. (c) All fees shall be deposited in the general
fund.
89.26 State water powers withdrawn from sale. All water powers having a possible
average development of 100 horsepower or more owned by or subject to
the control of the state and all lands so owned, controlled, or held
in trust by the state lying within one mile of such water powers are
hereby withdrawn from sale and held for the purpose of the
improvement and utilization of the same for the purpose of having
paper manufactured by plants built at and using the power of such
water powers.
89.27 Land suitable for reforestation withdrawn from sale. All lands
owned, controlled, or held in trust by the state, which lands would
be overflowed by the complete and full development of the water
powers referred to in section 89.26
are hereby reserved and withdrawn from sale in order that they may be
overflowed by the improvement of the water powers within whose basin
of overflow they lie. All lands unfit for agricultural and suitable
for reforestation purposes are hereby withdrawn from sale. The
commissioner is hereby requested and directed to ascertain all the
water powers and lands referred to in section 89.26
with all due speed and to withdraw from sales all such lands and to
report such withdrawals, including in such report the description of
the land, the present character and the growth thereon, the estimated
value of the land, and of the timber, if any, now growing thereon;
also the quantity and character of the timber suitable for use in the
manufacture of paper growing on the land and the most accessible
method of transportation of the timber of use in the manufacture of
paper to the nearest reserved water power or any water power which in
the opinion of the commissioner can advantageously be procured by the
state by condemnation or purchase for the purposes provided in
sections 89.26
to 89.28.

89.28 Pulpwood investigation. The commissioner shall make an investigation of the
possibility of the state securing by purchase or condemnation water
powers in the vicinity of state lands wherein pulpwood is now growing
or upon which it may be profitably grown in the future. For such
purpose the commissioner may call upon the state drainage engineer
for assistance.
89.29 Repealed, 1961 c 223 s 14
89.30 Repealed, 1961 c 223 s 14
89.31 Repealed, 1973 c 234 s 5
89.32 Repealed, 1973 c 234 s 5
89.33 Repealed, 1973 c 234 s 5
89.34 Repealed, 1973 c 234 s 5
89.35 Tree planting.
Subdivision 1. Definitions. The definitions in this
subdivision apply to sections 89.35 to 89.39.(a) "Tree" means any species of tree, woody perennial, shrub, or
vine approved by the commissioner for the purposes authorized in
sections 89.35 to 89.39,
except cultivated varieties that are capable of producing fruit for
human consumption. (b) "Planting stock" or "tree planting stock"
means trees native to this state and includes native tree hybrids
that have been improved for conservation purposes. Subd. 2.
Purpose of planting. The purposes for which trees may be
produced, procured, distributed, and planted under sections 89.35 to
89.39
shall include auxiliary forests, woodlots, windbreaks, shelterbelts,
erosion control, soil conservation, water conservation, provision of
permanent food and cover for wild life, environmental education, and
afforestation and reforestation on public or private lands of any
kind, but shall not include the raising of fruit for human
consumption or planting for purely ornamental purposes. It is hereby
declared that all such authorized purposes are in furtherance of the
public health, safety, and welfare.
89.36 Producing and procuring planting stock. Subdivision 1. Production at state
nurseries. The commissioner of natural resources may produce tree
planting stock for the purposes of sections 89.35
to 89.39
upon any lands under control of the commissioner which may be deemed
suitable and available therefor so far as not inconsistent with other
uses to which such lands may be dedicated by law. The commissioner
may not produce more than 10,000,000 units of planting stock
annually, after January 1, 2003. Subd. 2. Purchase of
stock. The commissioner of natural resources may purchase tree
planting stock for the purposes herein authorized under the
provisions of sections 89.35
to 89.39,
or any other applicable law now or hereafter in force. The
commissioner must give preference for Minnesota grown planting stock.Subd. 3. Sale or exchange of stock. In carrying out the
provisions of sections 89.35
to 89.39,
the commissioner may sell to or exchange surplus tree planting stock
and seed with other states or the federal government for the
following purposes: (1) to acquire tree planting stock of a
species which is in short supply in the commissioner's inventory;
(2) to acquire tree planting stock of a species not grown by the
commissioner; (3) to acquire tree planting stock genetically
superior to that grown by the commissioner; and (4) to utilize
tree planting stock or seed not needed for the reforestation program
in the state. Subd. 4. Annual report. The commissioner
shall submit an annual report to the legislature relating to the
production of planting stock at state nurseries. The report must
include the following: (1) sales figures; (2) income figures;
and (3) expenses for operations and administration. Copies
of the report must be filed with the Legislative Reference Library
and made available to the public. The commissioner shall also
provide any additional information requested by the legislature
relating to the production of planting stock at state nurseries.
89.37 Distributing planting stock. Subdivision 1. Planting conditions. The
commissioner of natural resources may supply planting stock produced
or procured hereunder for use on any public or private lands within
the state for the purposes herein authorized under such conditions as
the commissioner may prescribe for planting, care, and maintenance in
furtherance of such purposes. Subd. 2. Public lands;
auxiliary forests of nonprofit corporations. Such planting stock
may be supplied for use on any lands owned by or subject to an
easement or right-of-way held by the state or by any political
subdivision of the state upon payment of the cost of such stock and
expenses of distribution, as the commissioner may determine. Such
planting stock may be supplied under like conditions for use in any
auxiliary forest owned and maintained by any corporation organized
for religious, social, moral, educational, scientific, benevolent,
charitable, fraternal, or reformatory purposes and not for profit.Subd. 3. Private lands. The commissioner may supply only
bare root seedlings, woody cuttings, and transplant material for use
on private land, provided that such material must be sold in lots of
not less than 500 for a sum determined by the commissioner to be
equivalent to the cost of the materials and the expenses of their
distribution. The commissioner may not directly or indirectly supply
any other planting stock for use on private lands. Subd. 3a.Sales of trees to soil and water conservation districts. The
commissioner of natural resources may supply tree planting stock to
organized soil and water conservation districts for soil, water,
wildlife and conservation purposes or as prescribed in section 89.35,
subdivision 2, upon payment of the cost of the stock and expenses of
distribution. There is no minimum limitation on the number of
trees going on an individual location. The district shall make the
determination of the numbers of trees going to each location.
Resale of trees with roots attached by the districts to their
cooperators is permitted if planted in accordance with conservation
purposes set forth in section 89.35,
subdivision 2. The soil and water conservation districts are
permitted to resell trees with an adequate amount added to defray
costs of handling, grading, transportation, storage, salaries and
other costs directly related to planting the stock. The district
shall keep a record of all trees planted and the locations of the
plantings. A record of the plantings shall be sent to the
commissioner of natural resources. Soil and water conservation
districts may establish joint distribution centers, if necessary, to
facilitate distribution or improve quality of tree planting stock
when approved by the commissioner of natural resources and the soil
and water conservation districts so affected. Subd. 3b.
Sales to nurseries. To promote the availability and use of native
plant material, the commissioner may sell native tree seed to
licensed, private Minnesota nurseries when supplies of seed from
geographically adapted sources are not available from private
Minnesota seed dealers. The commissioner may also sell native trees
and shrubs in lots of ten or more to nonprofit groups and local units
of government. Subd. 4. Proceeds of sale. All money
received in payment for tree planting stock supplied under this
section shall be deposited in the state treasury and credited to a
forest nursery account and are available to the commissioner of
natural resources for the purposes of sections 89.35
to 89.37, including up to $250,000 per year for forestry education
and technical assistance. Subd. 5. Investment income.
Income earned from the investment of funds in the forest nursery
account beginning July 1, 1989, shall be credited to the account and
are annually appropriated to the commissioner of natural resources
for the purposes of sections 89.35
to 89.37. Subd. 6. Promotional activities. All
promotional materials for public cost-share programs for tree
planting shall address the eligibility of private nursery planting
stock. Subd. 7. Rulemaking exemption. The sale price of
planting stock and native tree seeds distributed by the commissioner
under this section is not subject to the rulemaking provisions of
chapter 14 and section 14.386
does not apply. The commissioner may establish the sale price of
planting stock and native tree seeds notwithstanding section 16A.1283.

89.38 Prohibition; penalties. It shall be unlawful for a period of ten years from the date
of purchase for any person who purchases trees from the commissioner
to use or permit the use of planting stock furnished hereunder for
any purpose not authorized hereunder, or to sell, give, remove, or
permit the removal with roots attached of any tree previously planted
from stock furnished hereunder for replanting on any ground not owned
by the purchaser or for any purpose not authorized hereunder. Any
violation of this section shall be a misdemeanor.
89.39 Purchase agreements and penalties. Every individual, partnership, or private
corporation to whom any planting stock is supplied for planting on
private land hereunder shall execute an agreement, upon a form
approved by the attorney general, to comply with all the requirements
of sections 89.35
to 89.39 and all conditions prescribed by the commissioner hereunder.
Any party to such an agreement who shall violate any provision
thereof shall, in addition to any other penalties that may be
applicable, be liable to the state in a sum equal to three times the
reasonable value of the trees affected by the violation at the time
the same were shipped for planting; provided, that if such trees are
sold or offered for sale for any purpose not herein authorized, such
penalty shall be equal to three times the sale price. Such penalties
shall be recoverable in a civil action brought in the name of the
state by the attorney general.
89.391 Nursery inspection certificates; limitations on issuance. No
certificate of inspection shall be issued pursuant to section 18H.05
by the commissioner of agriculture to a person who is determined by
the commissioner of natural resources to have purchased trees
pursuant to sections 89.35
to 89.39
and who is selling, giving, removing, or permitting the removal of
the trees with roots attached, in violation of section 89.38.

89.40 Repealed, 1973 c 234 s 5
89.41 Educational units may establish and maintain forests. Any school district
in the state, however organized, the University of Minnesota, or any
branch thereof, any state university, community college, or other
public educational institution or agency of the state, all herein
referred to as agencies, may establish and maintain forests as herein
provided, subject to the approval of the commissioner of natural
resources. Any such agency may use for the purpose of such a forest
any land belonging to it, or may acquire land therefor by gift or
with contributed funds. For the purposes of such forest any
tax-forfeited lands may be sold by the county board to any such
agency or may be conveyed by the commissioner of revenue to any such
agency in like manner as provided for the sale or conveyance of such
lands to governmental subdivisions under section 282.01
and amendments thereof.
89.42 Sale of forest products. Any such agency may sell or otherwise dispose of timber or
other forest products grown in any such forest in such manner as the
governing authority of such agency may determine, subject to the
approval of the commissioner of natural resources. The proceeds of
such sales shall be paid into the treasury of the agency, and may be
used for maintenance or improvement of the forest, for acquisition of
additional land for such forests, or for any other purpose within the
lawful powers of the agency, as its governing authority may
determine.
89.43 Tree seeds and cones, payments from appropriations. Notwithstanding any provision
of law to the contrary, out of any money appropriated to the
commissioner of natural resources for the purchase of tree seeds and
seed cones the commissioner of finance shall pay to the commissioner
upon request the amounts deemed necessary by the commissioner to
maintain an inventory of tree seeds and seed cones to assure an
adequate supply for the nursery and forestry development needs of the
department and to pay for the seeds and seed cones in cash at the
time of delivery. The commissioner shall deposit any money
received pursuant to this section in a state depository subject to
withdrawal for disbursement by check for the purposes described by
the commissioner or authorized agent. The commissioner of
finance shall prescribe rules by which the commissioner of natural
resources shall account for the expenditures made pursuant to this
section and may require an additional bond to cover all money paid to
the commissioner of natural resources for disbursement pursuant to
this section. Any bond premiums shall be paid by the commissioner
from money available for that purpose. Unless the legislature
specifically otherwise directs in any act appropriating money to the
commissioner of natural resources for the purchase of tree seeds and
seed cones, money paid to the commissioner pursuant to this section
shall not cancel on June 30 of any fiscal year and shall be available
for expenditure in the ensuing fiscal year.
89.51 Definitions. Subdivision 1. Applicability. For the purposes of
sections 89.51 to 89.61
the terms described in this section have the meanings ascribed to
them. Subd. 2. Person. Person, shall include any
individual, firm, partnership, corporation, public or private,
association or any other business entity whether or not incorporated.Subd. 3. Commissioner. Commissioner, shall mean the
commissioner of natural resources. Subd. 4. Director,
Division of Lands and Forestry. Director, Division of Lands and
Forestry shall include Department of Natural Resources and Department
of Agriculture personnel deputized by the director, Division of Lands
and Forestry. Subd. 5. Control. Control, includes
prevent, retard, suppress, eradicate or destroy. Subd. 6.
Infestation. Infestation, includes actual, potential, incipient
or emergency infestation or infection by forest pests. Subd. 7.Cooperators. Cooperators, shall include state, federal,
county, municipal and private governmental and business organizations
and their legal representatives. Subd. 8. Forest pest.
Forest pest, means any vertebrate or invertebrate animal or plant
pathogen which is determined by the commissioner to be harmful,
injurious or destructive to forests or timber. Subd. 9.
Forest land or forest. Forest land or forest, means land on which
occurs a stand or potential stand of trees valuable for timber
products, watershed or wildlife protection, recreational uses or
other purposes, and shall include lands owned or controlled by the
state of Minnesota. Subd. 10. Timber. Timber, includes
forest trees standing or down, alive or dead.
89.52 Surveys, investigations. The commissioner shall make surveys and
investigations to determine the presence of infestations of forest
pests. For this purpose duly designated representatives of the
commissioner may enter at reasonable times on public and private
lands for the purpose of conducting such surveys and investigations.

89.53 Control of forest pests. Subdivision 1. Commissioner's duties; notice of
control measures. Whenever the commissioner finds that an area in
the state is infested or threatened to be infested with forest pests,
the commissioner shall determine whether measures of control are
needed and are available and the area over which the control measures
shall be applied. The commissioner shall prescribe a proposed zone
of infestation covering the area in which control measures are to be
applied and shall publish notice of the proposal once a week, for two
successive weeks in a newspaper having a general circulation in each
county located in whole or in part in the proposed zone of
infestation. Prescribing zones of infestation is exempt from the
rulemaking provisions of chapter 14 and section 14.386
does not apply. Subd. 2. Notice requirements; public
comment. The notice shall include a description of the boundaries
of the proposed zone of infestation and a time and place where owners
of forest lands in the zone may show cause orally or in writing why
the zone should or should not be established. The commissioner shall
consider any statements received in determining whether the zone
shall be established.
89.54 Zones of infestation, establishment. Upon the decision by the
commissioner that the establishment of a zone is necessary, the
commissioner shall make a written order establishing said zone, and
upon making said order, said zone shall be established. Notice of
the establishment of the zone shall thereupon be published in a
newspaper having a general circulation in each county located in
whole or in part in the proposed zone.
89.55 Infestation control, costs. Upon the establishment of the zone of infestation,
the commissioner may apply measures of infestation control on public
and private forest and other lands within such zone and to any trees,
timber, plants or shrubs thereon harboring or which may harbor the
forest pests. For this purpose, the duly authorized representatives
of the commissioner are authorized to enter upon any lands, public or
private within such zone. The commissioner may enter into agreements
with owners of the lands in the zone covering the control work on
their lands, and fixing the pro rata basis on which the cost of such
work will be shared between the commissioner and said owner. 89.56 Expenses. Subdivision 1. Statement of expenses; cost to owners. At
the end of each fiscal year and upon completion of the infestation
control measures in any zone of infestation, the commissioner shall
prepare a certified statement of expenses incurred in carrying out
such measures, including expenses of owners covered by agreements
entered into pursuant to section 89.55.
The statement shall show the amount which the commissioner determines
to be its share of the expenses. The share of the commissioner may
include funds and the value of other contributions made available by
the federal government and other cooperators. The balance of such
costs shall constitute a charge on an acreage basis as provided
herein against the owners of lands in the zone containing trees
valuable or potentially valuable for commercial timber purposes and
affected or likely to be affected by the forest pests for which
control measures were conducted. In fixing the rates at which
charges shall be made against each owner, the commissioner shall
consider the present commercial value of the trees on the land, the
present and potential benefits to such owner from the application of
the control measures, and the cost of applying such measures to the
land, and such other factors as in the discretion of the commissioner
will enable determination of an equitable distribution of the cost to
all such owners. No charge shall be made against owners to the
extent that they have individually or as members of a cooperative
association contributed funds, supplies or services pursuant to
agreement under this section. Subd. 2. Notice of costs;
review. Notice of said charge and the amount thereof shall be
given to the owner by delivery or by depositing the same in the
United States mails in an envelope properly addressed to the owner
and bearing sufficient postage. The owner shall have the right to
protest such charge to the commissioner within 60 days from the date
of such notice, and shall also have the same right to review of such
charge as is provided with respect to ad valorem property
assessments. Application for such review shall be made within 60
days from the date of action by the commissioner on any protest.
Subd. 3. Collection. The unpaid charges assessed under
sections 89.51
to 89.61
and the actions of the commissioner on any protests filed pursuant to
subdivision 2, shall be reported to the tax levying authority for the
county in which the lands for which the charges are assessed are
situated and shall be made a public record. Any charges finally
determined to be due shall become a special assessment and shall be
payable in the same manner and with the same interest and penalty
charges and with the same procedure for collection as apply to ad
valorem property taxes. Upon collection of the charges the county
treasurer shall forthwith cause the amounts thereof to be paid to the
forest pest control fund created by section 89.58.
Any unpaid charge or lien against the lands shall not be affected by
the sale thereof or by dissolution of the zone of infestation. 89.57 Dissolution of zone infestation. Whenever the commissioner shall determine that
forest pest control work within an established zone of infestation is
no longer necessary or feasible, the commissioner shall dissolve the
zone.
89.58 Forest pest control account. All money collected under the provisions of
sections 89.51
to 89.61
together with such money as may be appropriated by the legislature or
allocated by the Legislative Advisory Commission for the purposes of
sections 89.51
to 89.61,
and such money as may be contributed or paid by the federal
government, or any other public or private agency, organization or
individual, shall be deposited in the state treasury, to the credit
of the forest pest control account, which account is hereby created,
and any moneys therein are appropriated to the commissioner for use
in carrying out the purposes hereof.
89.59 Cooperation. The commissioner may cooperate with the United States or agencies
thereof, other agencies of the state, county or municipal
governments, agencies of neighboring states or other public or
private organizations or individuals and may accept such funds,
equipment, supplies or services from cooperators and others as it may
provide in agreements with the United States or its agencies for
matching of federal funds as required under laws of the United States
relating to forest pests.
89.60 Duties, rules; commissioner. The commissioner is authorized to employ
personnel in accordance with the laws of this state, to procure
necessary equipment, supplies and service, to enter into contracts,
to provide funds to any agency of the United States for work or
services under sections 89.51
to 89.61,
and to designate or appoint, as its representatives, employees of its
cooperators including employees of the United States or any agency
thereof. The commissioner may prescribe rules for carrying out the
purposes hereof.
89.61 Act supplemental. Provisions of sections 89.51
to 89.61 are supplementary to and not to be construed to repeal
existing legislation.
89.65 Forestry education. Subdivision 1. Report on forester education. By March 1,
1983, the commissioner shall provide to the respective standing
committees on natural resources and finance of the house and the
senate a report on continuing education needs of public and private
foresters. The report shall be done with the assistance and
cooperation of the University of Minnesota's Agricultural Extension
Service, Agricultural Experiment Station and College of Forestry, and
shall detail the benefits and costs, including recommendations on
licensing and course curricula, of developing a cooperative
continuing education program for forestry professionals. Subd.
2. Forester continuing education. By July 1, 1983, the
commissioner shall implement a continuing education program for state
foresters in the employ of the Department of Natural Resources. The
program shall be based on recommendations made in the report required
in subdivision 1. Subd. 3. Forest management manual.
The commissioner shall prepare and distribute a forest management
manual, stressing the concept of multiple use and education and
management concerns for small landowners who own at least ten acres
of woodlands. The manual shall be prepared with the assistance and
cooperation of the University of Minnesota's Agricultural Extension
Service, Agricultural Experiment Station and College of Forestry, and
other public and private forestry organizations.
89.66 Forestry research and extension. Subdivision 1. Agriculture experiment
station. The director of the state agricultural experiment
station at the University of Minnesota is authorized to conduct,
support and cooperate in research activities deemed necessary to
obtain scientific information about forest resources. Activities
conducted under this section shall include, but not be limited to,
the following: (a) forest resources management research,
including activities related to managing, reproducing and growing
forest vegetation for forest resources purposes; (b) forest
environmental research, including activities related to management of
watersheds, controlling erosion, improving wildlife habitats,
reducing water and air pollution and related purposes; (c) forest
protection research, including activities related to protection of
forest vegetation from fire, insects, diseases, animals, noxious
plants, and air pollutants; (d) forest utilization research,
including activities related to harvesting, transportation,
marketing, and utilization of wood; and (e) forest resource
assessment research, including activities required to inventory and
survey the type and extent of forest resources. To ensure
efficient and effective accomplishment of forest research goals and
objectives, the director of the state agricultural experiment station
shall cooperate with other public and with private forestry
organizations seeking scientific forestry information through
research, and provide to the commissioner appropriate forest research
results in the development and implementation of the forest resources
management policy and plan. Subd. 2. Agricultural Extension
Service. The director of the Agricultural Extension Service at
the University of Minnesota is authorized to conduct, support, and
cooperate in forestry extension activities including, but not limited
to, the following: (a) Providing educational programs that will
enable individuals to recognize and capture opportunities for
managing forests for purposes of recreation, timber, water, wildlife,
forage, and other purposes; (b) Using educational programs to
disseminate the results of forestry research; (c) Providing for
the forestry educational needs of the private, nonindustrial forest
landowner; (d) Assisting in providing continuing education
programs for professionally trained resource managers; (e)
Providing educational programs that will enhance in harvesting,
processing, and marketing of wood; (f) Assisting in the
identification of topics in need of forestry research. In
implementing this subdivision, all appropriate educational methods
may be used. To ensure efficient and effective accomplishment of
forestry extension goals and objectives, the director of the state
Extension Service shall cooperate with the commissioner in the
development and implementation of the forest resources management
policy and plan, and shall encourage close cooperation between
forestry extension staffs in county, state, and federal service, and
between personnel involved in forestry research and land management
in all public and private agencies.
89.70 State forest road account. There is created in the state treasury a state forest road
account in the special revenue fund, consisting of money credited
under section 296A.18,
subdivision 7. Money in the state forest road account is
appropriated to the commissioner and remains available until expended
for: (1) acquisition, development, maintenance, and
administration of state forest roads under the jurisdiction of the
commissioner of natural resources; and (2) the commissioner's
share of the cost of cooperative maintenance agreements made with
other providers of forest roads.
89.71 Forest roads.
Subdivision 1. Designation, inventory, recording. The
commissioner shall designate forest roads by written order published
in the State Register. Designated forest roads, bridges, and other
improvements administered under section 89.002,
subdivision 3, are designated to the width of the actual use
including ditches, backslopes, fills, and maintained right-of-way,
unless otherwise specified in a prior easement of record. The
commissioner may undesignate, by written order published in the State
Register, all or part of a state forest road that is not needed to
carry out forest resource management policy. Designations and
undesignations are not subject to the rulemaking provisions of
chapter 14 and section 14.386
does not apply. The commissioner shall maintain and keep current an
inventory listing and describing roads in which the state claims a
right or property interest for state forest road purposes. The
commissioner may file for record with a county recorder or registrar
of titles appropriate documents setting forth the state's interest in
all or part of any state forest road. Subd. 2.
Right-of-way. Additional rights-of-way and easements, including
easements needed for drainage or slopes, may be acquired by the
commissioner by purchase or gift and by condemnation for safety or
environmental protection on existing roads and to provide access to
tracts of public land larger than 1,000 acres having no access,
following a public meeting in the area affected. Rights-of-way and
easements shall be designated as state forest roads when needed for
construction, maintenance, or safety of roads. Subd. 3.
Construction; maintenance. The commissioner shall develop
specifications for the design and construction of state forest roads
and shall establish maintenance schedules for forest roads consistent
with their intended use. Subd. 4. Rules. In adopting
rules relating to the use of state forest roads, the commissioner may
incorporate into the rules, by reference, traffic regulations
contained in chapters 169 and 169A. Subd. 5. Posting of
minimum-maintenance forest roads. The commissioner may
designate a state forest road as a minimum-maintenance forest road to
be maintained at a level consistent with the intended use.
Designation of a state forest road as a minimum-maintenance forest
road is effective on the posting of signs, at entry points to the
road and at regular intervals along the road, to the effect that the
road is a minimum-maintenance forest road and that the user travels
on the road at the user's risk. Posting of the signs is prima facie
evidence that adequate notice of minimum-maintenance status has been
given to the public. Liability on a road designated under this
subdivision is governed by section 160.095,
subdivision 4. Subd. 6. Conveyance of unneeded roads to
other governments. When the commissioner undesignates a state
forest road and determines that the road is no longer needed for any
state purpose, the commissioner may convey by mutual agreement, in
the manner provided in section 84.63,
the state interest in the road to the United States, the state of
Minnesota, or any of its subdivisions, whether or not the road is on
state land. Subd. 7. Commissioner not a road authority
under highway laws. Except as otherwise provided, the
commissioner is not a road authority under chapters 160 to 168, and
chapters 160 to 168 do not apply to forest roads unless specifically
made applicable by law or rule.
89.715 Alternative recording for state forest road. Subdivision 1. Authorization.
The commissioner may adopt a recorded state forest road map under
this section to record the department's state forest road
prescriptive easements. For purposes of this section, "recorded
state forest road map" means the official map of state forest roads.Subd. 2. Map requirements. The recorded state forest
road map must: (1) show state forest roads at the time the map is
adopted; (2) be prepared at a scale of at least four inches
equals one mile; (3) include section numbers; (4) include a
north point arrow; (5) include the name of the county and state;(6) include a blank and a description under the blank for the
date of public hearing and date of adoption; (7) include blanks
for signatures and dates of signatures for the commissioner; and
(8) include a list of legal descriptions of all parcels crossed by
state forest road prescriptive easements. Subd. 3.
Procedure to adopt map. (a) The commissioner must prepare an
official map for each county or smaller geographic area as determined
by the commissioner as provided in subdivision 2, and set a time,
place, and date for a public hearing on adopting a recorded state
forest road map to record roads. (b) The hearing notice must
state that the roads to be recorded will be to the width of the
actual use including ditches, backslopes, fills, and maintained
rights-of-way, unless otherwise specified in a prior easement of
record. The hearing notice must be published once a week for two
successive weeks in a qualified newspaper of general circulation that
serves the county or smaller geographic areas as determined by the
commissioner, the last publication to be made at least ten days
before the date of the public hearing. At least 30 days before the
hearing, the hearing notice must be sent by certified mail to the
property owners directly affected in the county or smaller geographic
areas as determined by the commissioner at the addresses listed on
the tax assessment notices at least seven days before appearing in
the qualified newspaper. The hearing notice may be sent with the tax
assessment, but all additional costs incurred shall be billed to the
department. (c) After the public hearing is held, the
commissioner may amend and adopt the recorded state forest road map.
The recorded state forest road map must be dated and signed by the
commissioner and must be recorded with the county recorder within 90
days after the map is adopted. (d) The recorded state forest
road map that is recorded with the county recorder must comply with
the standards of the county recorder where the state forest roads are
located. (e) A recorded state forest road map that was prepared
by using aerial photographs to establish road centerlines and that
has been duly recorded with the county recorder is an adequate
description for purposes of recording road easements and the map is
the legally constituted description and prevails when a deed for a
parcel abutting a road contains no reference to a road easement.
Nothing prevents the commissioner from accepting a more definitive
metes and bounds or survey description of a road easement for a road
of record if the description of the easement is referenced to equal
distance on both sides of the existing road centerline. (f) The
commissioner shall consult with representatives of county land
commissioners, county auditors, county recorders, and Torrens
examiners in implementing this subdivision. Subd. 4.
Appeal. (a) Before filing an appeal under paragraph (b), a person
may seek resolution of concerns regarding a decision to record a road
under this section by contacting the commissioner in writing.
(b) A person may appeal a decision to record or exclude recording a
road under this section to the district court within 120 days after
the date the commissioner adopts the state forest road map.
Subd. 5. Unrecorded road or trail not affected. This section
does not affect or diminish the legal status or state obligations of
roads and trails not shown on the recorded state forest road map.Subd. 6. Exemption. Adoption of a recorded state forest
road map under this section is exempt from the rulemaking
requirements of chapter 14 and section 14.386
does not apply.
89.72 County forest access road account. There is created in the state treasury a county
forest access road account in the special revenue fund, consisting of
money credited under section 296A.18,
subdivision 7. Money in the county forest access road account is
appropriated to the commissioner for distribution to counties
managing forest lands administered through a county land department
under the jurisdiction of a land commissioner appointed under section
282.13.
The payments must be made by July 15 and January 15 of each year
through the commissioner and in proportion to each county's ownership
of commercial forest lands, for purposes of constructing,
reconstructing, acquiring, and maintaining county management access
roads, including the acquisition of rights-of-way or easements as may
be needed.