USA Statutes : minnesota
Title : NATURAL RESOURCES
Chapter : Department of natural resources
84.975 Shoreland management grants. Subdivision 1.Purposes. The commissioner of natural resources may make
grants to local governments: (1) to administer, monitor, and
enforce state approved shoreland management ordinances; (2) to
adopt shoreland management ordinances consistent with statewide
standards; (3) to develop comprehensive lake by lake or river
shoreland management strategies that provide a unique plan to guide
activities on and adjacent to a lake or river; and (4) to
implement elements of a comprehensive lake or river management
strategy. Subd. 2. Action on grant applications. Upon
receipt of a request for a shoreland management grant, the
commissioner of natural resources must confer with the local
government requesting the grant and may make a grant based on the
following considerations: (1) the number and classification of
lakes and rivers in the jurisdiction of the local government; (2)
the extent of current shoreland development; (3) the development
trends for the lakes and rivers; (4) the miles of lake and river
shoreline; (5) whether the shoreland management ordinance or
regulation adopted by the local government meets the minimum
standards established by the commissioner; (6) the degree and
effectiveness of administration, enforcement, and monitoring of the
existing shoreland ordinances; (7) the ability of the local
government to finance the program or project; and (8) the degree
to which the program considers a comprehensive approach to lake or
river management including land use, recreation, water levels,
surface water use, fish, wildlife, and water quality that may be
secondary to the other elements. Subd. 3. Limitations.
The maximum annual shoreland management grant to local government for
purposes of subdivision 1, clauses (1) and (2), may not exceed the
local contribution to the shoreland management activity. Any federal
program aid for shoreland management shall serve to reduce the state
and local contribution to the activity. Subd. 4. Aquatic
plant grants. The commissioner may make grants for aquatic plant
restoration projects, research, and propagation.
84.98 Repealed, 2003 c 128 art 1 s 176
84.99 Repealed, 2003 c 128 art 1 s 176
84.991 Minnesota Conservation Corps. Subdivision 1.Transfer. (a) The Minnesota Conservation Corps is moved to
the Friends of the Minnesota Conservation Corps, an existing
nonprofit corporation under section 501(c)(3) of the Internal Revenue
Code of 1986, as amended, doing business as the Minnesota
Conservation Corps under the supervision of a board of directors.(b) The expenditure of state funds by the Minnesota Conservation
Corps is subject to audit by the legislative auditor and regular
annual report to the legislature in general and specifically to the
house of representatives and senate committees with jurisdiction over
environment and natural resources policy and finance. Subd. 2.Staff; corps members. (a) Staff employed by the Minnesota
Conservation Corps are not state employees, but, at the option of the
board of directors of the nonprofit corporation and at the expense of
the corporation or its staff, employees who are in the employ of the
Minnesota Conservation Corps on or before June 30, 2003, may continue
to participate in state retirement and deferred compensation that
apply to state employees. (b) Employment as a Minnesota
Conservation Corps member is noncovered employment for purposes of
eligibility for unemployment benefits under chapter 268. (c) The
Minnesota Conservation Corps is authorized to continue to have staff
and corps members participate in the state of Minnesota workers'
compensation program through the Department of Natural Resources.
Staff and corps members' claim and administrative costs must be
allocated and set annually by the Department of Natural Resources in
a manner that is consistent with how these costs are allocated across
that agency's operations. The Friends of the Minnesota Conservation
Corps shall establish and follow loss-control strategies that are
consistent with loss-control activities of the Department of Natural
Resources. In the event that the Friends of the Minnesota
Conservation Corps becomes insolvent or cannot otherwise fund its
claim and administrative costs, liability for these costs shall be
assumed by the Department of Natural Resources. (d) The
Minnesota Conservation Corps is a training and service program and
exempt from Minnesota prevailing wage guidelines. Subd. 3.
State and other agency collaboration. The Departments of Natural
Resources, Agriculture, Public Safety, Transportation, and other
appropriate state agencies must constructively collaborate with the
Minnesota Conservation Corps. Subd. 4. Equipment and
service purchases; state contracts. The Minnesota Conservation
Corps may purchase or lease equipment and services, including fleet,
through state contracts administered by the commissioner of
administration or the Department of Natural Resources. Subd. 5.Limitations on Minnesota Conservation Corps projects. Each
employing state or local agency must certify that the assignment of
Minnesota Conservation Corps members will not result in the
displacement of currently employed workers or workers on seasonal
layoff, including partial displacement such as reduction in hours of
nonovertime work, wages, or other employment benefits. Supervising
agencies that participate in the program may not terminate, lay off,
reduce the seasonal hours, or reduce the working hours of any
employee for the purpose of using a corps member with available
funds. The positions and job duties of corps members employed in
projects shall be submitted to affected exclusive representatives
prior to actual assignment. Subd. 6. Joint powers.
Section 471.59
relating to joint exercise of powers applies to the Minnesota
Conservation Corps.
84.01 Department of Natural Resources; commissioner appointment. Subdivision 1. Name change. The name
of the Department of Conservation is changed to the Department of
Natural Resources. The name of the commissioner of conservation is
changed to the commissioner of natural resources. Subject to the
provisions of Laws 1969, chapter 1129, and other applicable laws, the
Department of Natural Resources with its commissioner and other
officers shall continue to exercise all the powers and duties vested
in, or imposed upon its commissioner as existing and constituted
immediately prior to the effective date of Laws 1969, chapter 1129.Subd. 2. Appointments. The commissioner of natural
resources is appointed by the governor under the provisions of
section 15.06.
The commissioner may appoint a deputy commissioner. Subd. 3.Employees; delegation. Subject to the provisions of Laws
1969, chapter 1129, and to other applicable laws the commissioner
shall organize the department and employ up to three assistant
commissioners, each of whom shall serve at the pleasure of the
commissioner in the unclassified service, one of whom shall have
responsibility for coordinating and directing the planning of every
division within the agency, and such other officers, employees, and
agents as the commissioner may deem necessary to discharge the
functions of the department, define the duties of such officers,
employees, and agents and to delegate to them any of the
commissioner's powers, duties, and responsibilities subject to the
control of, and under the conditions prescribed by, the commissioner.
Appointments to exercise delegated power shall be by written order
filed with the secretary of state. Subd. 4. Oath.
Before entering upon the duties of office the commissioner of natural
resources shall take and subscribe an oath. Subd. 5. Task
forces. The commissioner of natural resources may request from
time to time, as the commissioner deems necessary, information and
advice on technical natural resource matters from advisory task
forces or individuals having specialized knowledge or experience in
such matters. A task force shall expire and the terms, compensation
and removal of members shall be as provided in section 15.059.
The expenses allowed shall be paid from any money appropriated to the
commissioner for salaries, supplies, and expenses.
84.024 Repealed, 1996 c 310 s 1
84.025 Contracts for professional and maintenance services. Subdivision 1. Repealed, 1969 c 1129 art 3 s 2Subd. 2. Repealed, 1969 c 1129 art 3 s 2 Subd. 3. Repealed,
1969 c 1129 art 3 s 2 Subd. 4. Repealed, 1969 c 1129 art 3 s 2Subd. 5. Repealed, 1969 c 1129 art 3 s 2 Subd. 6. Repealed,
1977 c 172 s 3 Subd. 7. Contracts. The commissioner of
natural resources may contract with the federal government, local
governmental units, the University of Minnesota, and other
educational institutions, and private persons as may be necessary in
the performance of duties. Contracts made pursuant to this section
for professional services shall not be subject to the provisions of
chapter 16C, as they relate to competitive bidding. Subd. 8.Recreational areas; maintenance services. Notwithstanding any
other law to the contrary, the commissioner of natural resources may
negotiate contracts, with or without requiring the submission of bids
therefor, for the providing of maintenance services for recreational
facilities on land under the control of the commissioner of natural
resources. The terms and conditions of such contracts shall be as
agreed upon and shall be such as to promote and encourage the
employment of needy, elderly persons. Subd. 9. Professional
services support account. The commissioner of natural resources
may bill the various programs carried out by the commissioner for the
costs of providing them with professional support services. Receipts
must be credited to a special account in the state treasury and are
appropriated to the commissioner to pay the costs for which the
billings were made. The commissioner of natural resources shall
submit to the commissioner of finance before the start of each fiscal
year a work plan showing the estimated work to be done during the
coming year, the estimated cost of doing the work, and the positions
and fees that will be necessary. This account is exempted from
statewide and agency indirect cost payments. Subd. 10.
Recreational vehicles and boats used for public purposes. All
snowmobiles and outboard motors that are purchased by the
commissioner of natural resources must be of the four-stroke engine
model, except that the commissioner may purchase models with
two-stroke engines if the commissioner determines that they are as
environmentally efficient or that four-stroke engines are not
practical for the intended natural resource management purpose. The
commissioner shall give preference to engine models manufactured in
the United States. All all-terrain vehicles purchased by the
commissioner must be manufactured in the state of Minnesota.
84.026 Contracts and grants for provision of natural resources services. The commissioner of natural resources is
authorized to enter into contractual or grant agreements with any
public or private entity for the provision of statutorily prescribed
natural resources services by or for the department. The contracts
or grants shall specify the services to be provided and, where
services are being provided for the department, the amount and method
of payment after services are rendered. Funds generated in a
contractual agreement made pursuant to this section shall be
deposited in the special revenue fund and are appropriated to the
department for purposes of providing the services specified in the
contracts. All contractual and grant agreements shall be processed
in accordance with the provisions of section 16C.05.
The commissioner shall report revenues collected and expenditures
made under this section to the chairs of the Committees on Ways and
Means in the house and Finance in the senate by January 1 of each
odd-numbered year.
84.0261 Disposition of reimbursement from natural disasters. Notwithstanding any other law to the contrary,
money received by the commissioner of natural resources as
reimbursement for damages, losses, or service costs incurred because
of a natural disaster shall be deposited in the special revenue fund
and is appropriated to the commissioner to accomplish the goals of
those programs from which funds were diverted in response to the
natural disaster.
84.027 Powers and duties. Subdivision 1. Powers
and duties. The commissioner of natural resources shall be the
administrative and executive head of the department. Subject to the
provisions hereof and other applicable laws, the commissioner shall
have the powers and duties herein prescribed. The enumeration of
specific powers and duties herein shall not limit or exclude other
powers or duties. Subd. 2. General. The commissioner
shall have charge and control of all the public lands, parks, timber,
waters, minerals, and wild animals of the state and of the use, sale,
leasing, or other disposition thereof, and of all records pertaining
to the performance of the commissioner's functions relating thereto.Subd. 3. Former powers and duties of commissioner of
conservation. The commissioner shall have all the powers and
duties prescribed for the commissioner of conservation by Laws 1931,
chapter 186, all the powers and duties therein prescribed for the
Conservation Commission except the power to appoint a commissioner,
and all other powers and duties now prescribed by law for the
commissioner of conservation, the Conservation Commission, the
Department of Conservation, its divisions, or the director of any
division. Subd. 4. Certain powers and duties of state
auditor. The commissioner shall have all existing powers and
duties now or heretofore vested in or imposed upon the state auditor
in any capacity and not heretofore transferred to any other officer
or agency with respect to the public lands, parks, timber, waters,
and minerals of the state, and the records thereof; provided, that
nothing herein shall divest the state auditor of any power or duty
otherwise prescribed by law with respect to auditing, accounting,
disbursement, or other disposition of funds pertaining to the matters
herein specified, nor of any power or duty expressly vested in or
imposed upon the state auditor by the following provisions of law:(1) The provisions of Mason's Minnesota Statutes 1927, section
76, so far as the same pertain to the crediting of payments on
account of state lands, timber, or other products to the proper
funds, or to the depositing and keeping of conveyances and abstracts
of title; also all other provisions pertaining to the filing or
keeping of deeds, grants, or conveyances to the state or abstracts or
other evidence of title to state property; (2) All provisions
pertaining to escheated property; (3) Mason's Minnesota Statutes
1927, sections 2220, 6442 to 6449, 6646, 6660, and 8223. Subd.
5. Descriptions of lands. The commissioner shall have all
the powers and duties prescribed for the state auditor by Mason's
Supplement 1940, sections 5620-1 to 5620-13, 6452-1 to 6452-13, and
4031-75 to 4031-88, with respect to the receipt, filing, keeping, and
certification of reports, lists, and records of descriptions of
lands, reserving to the state auditor all other powers and duties
therein prescribed for the state auditor. The county auditor shall
make and transmit to the state auditor all the certificates and
reports therein required except certificates and reports of land
descriptions, which shall be made and transmitted to the
commissioner. Subd. 6. Land sales and conveyances. The
commissioner shall have all the powers and duties prescribed for the
state auditor by Mason's Supplement 1940, sections 5620-13 1/2 to
5620-13 1/2j, as amended, and 2139-27b to 2139-27k, as amended, with
respect to the receipt, filing, and keeping of reports of sales of
land and the execution of conveyances, reserving to the state auditor
all other powers and duties therein prescribed for the state auditor.
The county auditors shall make and transmit to the commissioner all
the certificates and reports therein required to be made to the state
auditor with respect to such sales and conveyances. The county
treasurers shall make all reports of collections thereunder in
duplicate and shall transmit a copy of each report to the
commissioner of finance and the commissioner. Subd. 7.
Limitation of powers. Except as otherwise expressly provided,
nothing herein shall confer on the commissioner any authority over
any property of the state devoted pursuant to law to any specific
purpose under any officer or agency of the state other than the
commissioner or the Department of Natural Resources or its divisions.Subd. 8. Selection of lands for certain purposes. The
commissioner of natural resources may select from any available lands
owned by the United States in this state such lands as the
commissioner deems suitable in lieu of any deficiencies which may
have occurred in grants of school lands or other lands heretofore
made to the state under any act of Congress, and may, with the
approval of the Executive Council, accept on behalf of the state any
grants or patents of lands so selected issued by the United States to
the state. This subdivision shall not be deemed to amend,
supersede, or repeal any existing law, but shall be supplementary
thereto. Subd. 9. Condemnation with landowner's
consent. If authorized by law to acquire any interest in real
estate, the commissioner of natural resources may acquire by
condemnation with the written consent of the landowner, that real
estate which the commissioner deems to be in the best interests of
the state. This subdivision shall apply only in those situations
where condemnation is not otherwise authorized for the acquisition.Subd. 10. Sale of surplus lands to local governments for
recreational or natural resources purposes. (a) The commissioner,
with the approval of the state Executive Council, may sell the class
of land or interest in land under paragraph (b) to a county, home
rule charter or statutory city, town, or other governmental
subdivision of the state for public use, including recreational or
natural resource purposes. (b) The commissioner may sell the
class of land or interest in land that has been acquired by gift,
purchase, or eminent domain and the commissioner has declared
surplus. The commissioner shall declare land surplus in writing and
state the reasons why the land or interest in land is no longer
needed. (c) The commissioner shall appraise the land or interest
in land before the land or interest in land is sold, and may sell the
land or interest in land for less than the appraised value if the
commissioner determines, in writing, that it is in the public
interest. (d) The commissioner shall convey the state's interest
in the name of the state by quitclaim deed in a form approved by the
attorney general. The deed must reserve to the state minerals and
mineral rights in the manner provided in sections 93.01
and 93.02,
and provide that the land or interest in land reverts to the state if
the governmental subdivision acquiring the land or interest in land:(1) fails to provide the public use intended on the property;
(2) allows a public use other than the public use agreed to by the
commissioner at the time of conveyance without the written approval
of the commissioner; or (3) abandons the public use of the
property. Subd. 11. Federal conservation grants. The
commissioner of natural resources shall receive and administer grants
under the land and water conservation grant program authorized by
Congress in the Land and Water Conservation Fund Act of 1965, as
amended. Subd. 12. Property disposal; gift acknowledgment;
advertising sales. (a) The commissioner may give away to members
of the public items with a value of less than $50 that are intended
to promote conservation of natural resources or create awareness of
the state and its resources or natural resource management programs.
The total value of items given to the public under this paragraph may
not exceed $25,000 per year. (b) The commissioner may recognize
the contribution of money or in-kind services on plaques, signs,
publications, audio-visual materials, and media advertisements by
allowing the organization's contribution to be acknowledged in print
of readable size. (c) The commissioner may accept paid
advertising for departmental publications. Advertising revenues
received are appropriated to the commissioner to be used to defray
costs of publications, media productions, or other informational
materials. The commissioner may not accept paid advertising from any
elected official or candidate for elective office. Subd. 13.Game and fish rules. (a) The commissioner of natural
resources may adopt rules under sections 97A.0451
to 97A.0459
and this subdivision that are authorized under: (1) chapters 97A,
97B, and 97C to set open seasons and areas, to close seasons and
areas, to select hunters for areas, to provide for tagging and
registration of game and fish, to prohibit or allow taking of wild
animals to protect a species, to prevent or control wildlife disease,
and to prohibit or allow importation, transportation, or possession
of a wild animal; (2) sections 84.093,
84.15,
and 84.152
to set seasons for harvesting wild ginseng roots and wild rice and to
restrict or prohibit harvesting in designated areas; and (3)
section 84D.12
to designate prohibited invasive species, regulated invasive species,
unregulated nonnative species, and infested waters. (b) If
conditions exist that do not allow the commissioner to comply with
sections 97A.0451
to 97A.0459,
the commissioner may adopt a rule under this subdivision by
submitting the rule to the attorney general for review under section
97A.0455,
publishing a notice in the State Register and filing the rule with
the secretary of state and the Legislative Coordinating Commission,
and complying with section 97A.0459,
and including a statement of the emergency conditions and a copy of
the rule in the notice. The notice may be published after it is
received from the attorney general or five business days after it is
submitted to the attorney general, whichever is earlier. (c)
Rules adopted under paragraph (b) are effective upon publishing in
the State Register and may be effective up to seven days before
publishing and filing under paragraph (b), if: (1) the
commissioner of natural resources determines that an emergency
exists; (2) the attorney general approves the rule; and (3)
for a rule that affects more than three counties the commissioner
publishes the rule once in a legal newspaper published in
Minneapolis, St. Paul, and Duluth, or for a rule that affects three
or fewer counties the commissioner publishes the rule once in a legal
newspaper in each of the affected counties. (d) Except as
provided in paragraph (e), a rule published under paragraph (c),
clause (3), may not be effective earlier than seven days after
publication. (e) A rule published under paragraph (c), clause
(3), may be effective the day the rule is published if the
commissioner gives notice and holds a public hearing on the rule
within 15 days before publication. (f) The commissioner shall
attempt to notify persons or groups of persons affected by rules
adopted under paragraphs (b) and (c) by public announcements,
posting, and other appropriate means as determined by the
commissioner. (g) Notwithstanding section 97A.0458,
a rule adopted under this subdivision is effective for the period
stated in the notice but not longer than 18 months after the rule is
adopted. Subd. 14. Mission; efficiency. It is part of
the department's mission that within the department's resources the
commissioner shall endeavor to: (1) prevent the waste or
unnecessary spending of public money; (2) use innovative fiscal
and human resource practices to manage the state's resources and
operate the department as efficiently as possible; (3) coordinate
the department's activities wherever appropriate with the activities
of other governmental agencies; (4) use technology where
appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and
increase public participation in the business of government; (5)
utilize constructive and cooperative labor-management practices to
the extent otherwise required by chapters 43A and 179A; (6)
report to the legislature on the performance of agency operations and
the accomplishment of agency goals in the agency's biennial budget
according to section 16A.10,
subdivision 1; and (7) recommend to the legislature appropriate
changes in law necessary to carry out the mission and improve the
performance of the department. Subd. 15. Electronic
transactions. (a) The commissioner may receive an application
for, sell, and issue any license, stamp, permit, pass, sticker,
duplicate safety training certification, registration, or transfer
under the jurisdiction of the commissioner by electronic means,
including by telephone. Notwithstanding section 97A.472,
electronic and telephone transactions may be made outside of the
state. The commissioner may: (1) provide for the electronic
transfer of funds generated by electronic transactions, including by
telephone; (2) assign an identification number to an applicant
who purchases a hunting or fishing license or recreational vehicle
registration by electronic means, to serve as temporary authorization
to engage in the activity requiring a license or registration until
the license or registration is received or expires; (3) charge
and permit agents to charge a fee of individuals who make electronic
transactions and transactions by telephone or Internet, including
issuing fees and an additional transaction fee not to exceed $3.50;(4) establish, by written order, an electronic licensing system
commission to be paid by revenues generated from all sales made
through the electronic licensing system. The commissioner shall
establish the commission in a manner that neither significantly
overrecovers nor underrecovers costs involved in providing the
electronic licensing system; and (5) adopt rules to administer
the provisions of this subdivision. (b) The fees established
under paragraph (a), clause (3), and the commission established under
paragraph (a), clause (4), are not subject to the rulemaking
procedures of chapter 14 and section 14.386
does not apply. (c) Money received from fees and commissions
collected under this subdivision, including interest earned, is
annually appropriated from the game and fish fund and the natural
resources fund to the commissioner for the cost of electronic
licensing. Subd. 16. Commissioner to administer grants
programs. Unless otherwise specified by law, the commissioner
may establish the procedures and criteria for selection of projects
funded through authorized grants and research programs. Procedures
and criteria for selection are not subject to the rulemaking
provisions of chapter 14 and section 14.386
does not apply. Subd. 17. Background checks for volunteer
instructors. (a) The commissioner may conduct background checks
for volunteer instructor applicants for department safety training
and education programs, including the programs established under
sections 84.791
(youth off-highway motorcycle safety education and training), 84.86
and 84.862
(youth and adult snowmobile safety training), 84.925
(youth all-terrain vehicle safety education and training), 97B.015
(youth firearms safety training), and 97B.025
(hunter and trapper education and training). (b) The
commissioner shall perform the background check by retrieving
criminal history data maintained in the criminal justice information
system (CJIS) and other data sources. (c) The commissioner shall
develop a standardized form to be used for requesting a background
check, which must include: (1) a notification to the applicant
that the commissioner will conduct a background check under this
section; (2) a notification to the applicant of the applicant's
rights under paragraph (d); and (3) a signed consent by the
applicant to conduct the background check expiring one year from the
date of signature. (d) The volunteer instructor applicant who is
the subject of a background check has the right to: (1) be
informed that the commissioner will request a background check on the
applicant; (2) be informed by the commissioner of the results of
the background check and obtain a copy of the background check;
(3) obtain any record that forms the basis for the background check
and report; (4) challenge the accuracy and completeness of the
information contained in the report or a record; and (5) be
informed by the commissioner if the applicant is rejected because of
the result of the background check.
84.0271 Repealed, 1984 c 553 s 2
84.0272 Procedure in acquiring lands. Subdivision 1.Acquisition procedure. When the commissioner of natural
resources is authorized to acquire lands or interests in lands the
procedure set forth in this section shall apply. The commissioner of
natural resources shall first prepare a fact sheet showing the lands
to be acquired, the legal authority for their acquisition, and the
qualities of the land that make it a desirable acquisition. The
commissioner of natural resources shall cause the lands to be
appraised. An appraiser shall before entering upon the duties of
office take and subscribe an oath to faithfully and impartially
discharge the duties as appraiser according to the best of the
appraiser's ability and that the appraiser is not interested directly
or indirectly in any of the lands to be appraised or the timber or
improvements thereon or in the sale thereof and has entered into no
agreement or combination to purchase the same or any part thereof,
which oath shall be attached to the report of the appraisal. The
commissioner of natural resources may pay less than the appraised
value, but shall not agree to pay more than ten percent above the
appraised value, except that if the commissioner pays less than the
appraised value for a parcel of land, the difference between the
purchase price and the appraised value may be used to apply to
purchases at more than the appraised value. The sum of accumulated
differences between appraised amounts and purchases for more than the
appraised amount may not exceed the sum of accumulated differences
between appraised amounts and purchases for less than the appraised
amount. New appraisals may be made at the discretion of the
commissioner of natural resources. Subd. 2. Stream
easements. (a) Notwithstanding subdivision 1, the commissioner
may acquire permanent stream easements for angler access, fish
management, and habitat work for a onetime payment based on a value
attributed to both the stream and the easement corridor. The payment
shall equal: (1) the per linear foot of stream within the
easement corridor times $5; plus (2) the easement corridor acres
times the estimated market value. (b) The estimated market value
is equal to: (1) the total farm market value plus the timberlands
value; divided by (2) the acres of deeded farmland plus the acres
of timber. (c) The total farm market value, timberlands value,
acres of deeded farmland, and acres of timber are determined from
data collected by the Department of Revenue during its annual spring
mini abstract survey. The commissioner must use the most recent
available data for the city or township within which the easement
corridor is located. (d) The commissioner shall periodically
review the easement payment rates under this subdivision to determine
whether the stream easement payments reflect current shoreland market
values. If the commissioner determines that the easements do not
reflect current shoreland market values, the commissioner shall
report to the senate and house of representatives natural resources
policy committees with recommendations for changes to this
subdivision that are necessary for the stream easement payment rates
to reflect current shoreland market values. The recommendations may
include an adjustment to the dollar amount in paragraph (a), clause
(1). Subd. 3. Minimal value acquisition. (a)
Notwithstanding subdivision 1, if the commissioner determines that
lands or interests in land have a value less than $5,000, the
commissioner may acquire the lands for the value determined by the
commissioner without an appraisal. The commissioner shall make the
determination based upon available information including, but not
limited to: (1) the most recent assessed market value of the land
or interests in land as determined by the county assessor of the
county in which the land or interests in land is located; (2) a
sale price of the land or interests in land, provided the sale
occurred within the past year; (3) the sale prices of comparable
land or interests in land located in the vicinity and sold within the
past year; or (4) an appraisal of the land or interests in land
conducted within the past year. (b) In the event the value is
minimal, the commissioner may add a transaction incentive, provided
that the sum of the incentive plus the value of the land does not
exceed $1,000. Subd. 4. Agreement by landowner. The
commissioner shall utilize the valuation methods prescribed in
subdivisions 2 and 3 only with prior consent of the landowner from
whom the state proposes to purchase land or interests in land.
84.0273 Establishment of boundary lines relating to certain state landholdings. In order to resolve boundary
line issues affecting the ownership interests of the state and
adjacent landowners, the commissioner of natural resources may, in
the name of the state upon terms the commissioner deems appropriate,
convey, by a boundary line agreement, quitclaim deed, or management
agreement in such form as the attorney general approves, such rights,
titles, and interests of the state in state lands for such rights,
titles and interests in adjacent lands as are necessary for the
purpose of establishing boundaries. A notice of the proposed
conveyance and a brief statement of the reason therefor shall be
published once in the State Register by the commissioner between 15
and 30 days prior to conveyance. The provisions of this section are
not intended to replace or supersede laws relating to land exchange
or disposal of surplus state property.
84.0274 Landowners' bill of rights. Subdivision 1.Citation. This section may be cited as "the landowners' bill
of rights." Subd. 2. Policy. It is the intent of this
section to clarify the responsibilities of the state in the natural
resources land acquisition process and to provide additional
protections to landowners in their dealings with the state.
Subd. 3. Condemnation limits. No lands shall be acquired by
the commissioner of natural resources by means of condemnation unless
the owner requests that the owner's lands be condemned or the
condemnation is specifically authorized by law. Subd. 4.
Rights cumulative. The protections for landowners and
responsibilities of the state set forth in this section shall not
limit, but shall be in addition to all rights and responsibilities
contained in state or federal law. Subd. 5. Owner's
rights. When the state proposes to purchase in fee or any lesser
interest in land which will be administered by the commissioner of
natural resources, the landowner shall have the following rights:
(a) The right to be informed of the specific intended use of the
property and of any change in the intended use of the property which
occurs during the acquisition process. The owner shall also be
informed that the documents regarding the purchase will be public
records if the land is purchased by the state; (b) The right to
be paid a fair price for the property. The price shall include the
fair market value of the land plus: (1) All necessary incidental
costs such as abstracting and recording fees related to the sale.
The costs of clearing title defects, paying taxes, and attorney's
fees are not reimbursable; and (2) Any penalties incurred by the
owner where the property is security for a loan or advance of credit
that contains a provision requiring or permitting the imposition of a
penalty if the loan or advance of credit is prepaid; (c) The
right to payment, at the owner's election, in a lump sum or in up to
four annual installments; (d) The right to have the property
fairly appraised by the state. The state's appraiser shall
physically inspect the property and shall allow the owner along when
the appraisal is made. The state's appraiser shall certify in the
appraisal report to having physically inspected the property and
having given the landowner an opportunity to go along on inspections.
The landowner shall be given a resume of the state's certified
appraisal. The resume shall include the appraiser's conclusions as
to value, acreage and type of land, value of buildings and other
improvements, value of timber, special damages and any special
elements of value; (e) The right to retain a qualified
independent appraiser to conduct an appraisal at any time prior to
certification of the state's appraisal of the property and to be
reimbursed for appraisal fees as provided in section 117.232,
subdivision 1, if the land is sold to the state and to have that
appraisal considered along with the state's in certifying the selling
price; (f) The right to have the state acquire the property by
means of condemnation upon the owner's request with the agreement of
the commissioner; (g) The right to receive or waive relocation
assistance, services, payments and benefits as provided in sections
117.52
and 117.521;(h) The right to accept the state's offer for the property and
contest the state's offer for relocation and moving expenses; (i)
The right to continue occupancy of the property until full payment is
received, provided that when the owner elects to receive payment in
annual installments pursuant to clause (c), the owner may retain
occupancy until the first payment is made; and (j) The right to
seek the advice of counsel regarding any aspect of the land
transaction. Subd. 6. State's responsibilities. When
the state proposes to purchase land for natural resources purposes,
the commissioner of natural resources and, where applicable, the
commissioner of administration shall have the following
responsibilities: (a) The responsibility to deal fairly and
openly with the landowner in the purchase of property; (b) The
responsibility to refrain from discussing price with the landowner
before an appraisal has been made. In addition, the same person
shall not both appraise and negotiate for purchase of a tract of
land; (c) The responsibility to use private fee appraisers to
lower the state's acquisition costs to the greatest extent
practicable; and (d) The responsibility to acquire land in as
expeditious a manner as possible. No option shall be made for a
period of greater than two months if no survey is required or for
nine months if a survey is required, unless the landowner, in
writing, expressly requests a longer period of time. Provided that,
if county board approval of the transaction is required pursuant to
section 97A.145,
no time limits shall apply. If the state elects not to purchase
property upon which it has an option, it shall pay the landowner $500
after the expiration of the option period. If the state elects to
purchase the property, unless the landowner elects otherwise, payment
to the landowner shall be made no later than 90 days following the
state's election to purchase the property provided that the title is
marketable and the owner acts expeditiously to complete the
transaction. Subd. 7. Disclosure. When the state
proposes to purchase lands for natural resources purposes, the
landowner shall be given a written statement in lay terms of the
rights and responsibilities provided for in subdivisions 5 and 6.
Before a purchase can be made, the landowner must sign a statement
acknowledging in writing that the statement has been provided and
explained to the landowner. Within 60 days following the date of
final approval of Laws 1980, chapter 45B, the commissioner of natural
resources shall submit a proposed form for the statement to the
Legislative Commission on Minnesota Resources. The commission shall
review the proposed form for compliance with the intent of this
section and shall make any changes which it deems proper. Subd.
8. Exception for railroad right-of-way acquisitions. When
the commissioner of natural resources acquires abandoned railroad
right-of-way from a railroad, railroad holding company, or similar
entity, any or all of the provisions of this section may be waived by
mutual agreement of the commissioner and the landowner. Subd. 9.Exception for nonprofit organizations and governmental
entities. When the commissioner acquires land or interests in
land from a nonprofit organization or governmental entity, any or all
of the provisions of this section may be waived by mutual agreement
of the commissioner and the nonprofit organization or governmental
entity. Subd. 10. Right of first refusal agreement. The
commissioner may enter into a right of first refusal agreement with a
landowner prior to determining the value of the land. No right of
first refusal agreement shall be made for a period of greater than
two years and payment to the landowner for entry into the agreement
shall not exceed $5,000.
84.0275 Violations. If the state acquires any land
for natural resources purposes in violation of any of the provisions
of section 84.0274,
subdivisions 5 to 7, the landowner may maintain an action against the
commissioner of natural resources for any damages suffered. However,
no title to land purchased for natural resources purposes will be
invalid as a result of such violations.
84.0276 Land transfers by a federal agency. Before
the commissioner of natural resources accepts agricultural land or a
farm homestead transferred in fee by a federal agency, the
commissioner must consult with the Board of Water and Soil Resources
for a determination of marginal land, tillable farmland, and farm
homestead. The commissioner must comply with the acquisition
procedure under section 97A.145,
subdivision 2, if the agricultural land or farm homestead was in an
agricultural preserve as provided in section 40A.10.

84.028 Commissioner of natural resources, specific assignments. Subdivision 1. Commissioner to control
department responsibilities. The powers, duties and
responsibilities of the Department of Natural Resources relating to
boat safety, firearm safety, wild rice harvest program, ginseng
harvest program, and such other programs as are now or hereafter
vested by statute in the Department of Natural Resources, shall be
under the control and supervision of the commissioner of natural
resources. Subd. 2. Development and planning duties.
The overall coordination of acquisition and development programs,
comprehensive planning activities, including statewide recreational
planning programs required by state or federal law, and not the
responsibility of the commissioner of employment and economic
development, are under the control and supervision of the
commissioner. Subd. 3. Game warden duties; conservation
officers. The operation of the Game Warden Service in the
Division of Game and Fish as constituted before July 1, 1967 is under
the direct control and supervision of the commissioner. The name of
the personnel in such Game Warden Service is changed to conservation
officers. Conservation officers shall continue to have the powers
and duties of game wardens as they existed before July 1, 1967 and
may be assigned to public relations, conservation instructional
activities, and the enforcement of laws relating to resources
management which the commissioner shall direct. The commissioner
shall create a separate division entitled the Division of Enforcement
and Field Service, to be composed of conservation officers and shall
appoint a director of the division. The commissioner may place the
director's position in the unclassified service if the position meets
the criteria established in section 43A.08,
subdivision 1a.
84.0285 Game and fish citation quotas prohibited.
The commissioner of natural resources, or the director of the
Division of Enforcement and Field Service, may not order, mandate,
require, or in any manner suggest, directly or indirectly, to a
conservation officer that the conservation officer issue a certain
number of game and fish law violations on a daily, weekly, monthly,
quarterly, or yearly quota basis.
84.0286 Conservation officer patrol vehicle security barrier; exemption. Marked conservation officer patrol
vehicles are exempt from any law or rule requiring a security barrier
in the vehicle.
84.029 Recreational areas on public land.
Subdivision 1. Establishment, development, maintenance and
operation. In addition to other lawful authority, the
commissioner of natural resources may establish, develop, maintain,
and operate recreational areas, including but not limited to trails
and canoe routes, for the use and enjoyment of the public on any
state-owned or leased land under the commissioner's jurisdiction.
The commissioner may employ and designate individuals according to
section 84.0835
to enforce laws governing the use of recreational areas. The
commissioner may establish the recreational areas by written order
published in the State Register. Subd. 2. Acquisition of
land for trails. The commissioner may acquire, by gift, purchase,
or lease, easements or other interests in land for trails, and
recreational uses related to trails, where necessary to complete
trails established primarily in state forests, state parks, or other
public land under the jurisdiction of the commissioner, when railroad
rights-of-way are abandoned, when the use of township roads is
compatible with vehicular travel, and when needed to complete trails
established by the legislature. Subd. 3. Rulemaking
exemption. Authority exercised by the commissioner according to
this section is exempt from the rulemaking provisions of chapter 14
and section 14.386.

84.03 Additional duties and powers. So far as
practicable the commissioner shall collect and arrange statistics and
other information in reference to the lands and general and special
resources of the state. The commissioner is hereby authorized
and empowered to take such measures as the commissioner may deem
advisable to advertise, both within and without the state, sales of
all state lands, and to secure, compile, and issue such valuable
statistics of the resources of the state. The commissioner may
adopt and promulgate reasonable rules, not inconsistent with law,
governing the use and enjoyment of state land reserved from sale,
state parks, state water access sites, state trails, state monuments,
state scientific and natural areas, state wilderness areas, and
recreational areas owned by other state, local and federal agencies
and operated under agreement by the Department of Natural Resources,
which shall have the force and effect of law. A reasonable fee may
be fixed, charged, and collected by the commissioner for the
privilege of the use of any or all of the foregoing privileges and
facilities. The commissioner, on or before November 15 of each
even numbered year, shall report to the legislature the
commissioner's acts and doings, with recommendation for the
improvement or conservation of state parks, state water access sites,
state trails, and state monuments, state scientific and natural
areas, state forests, state wildlife management areas, public hunting
grounds, public shooting grounds, food and cover planting areas,
wildlife lands, recreational or public hunting areas, state wild and
scenic rivers, state wilderness areas, and all other recreational
lands under the jurisdiction of the Department of Natural Resources,
and for desirable accessions thereto, such report to include an
inventory of the tracts and parcels of land, and rights, interests,
and easements therein, held by the state or withdrawn from sale for
any of these purposes, with the value thereof, and a list of the
name, location, size, and description of each state trail, state
scientific and natural area, state wildlife management area, state
water access site, and state wild, scenic, or recreational river
designated by the commissioner, and each public hunting grounds,
public shooting grounds, food and cover planting area, wildlife
lands, and recreational or public hunting area acquired by the
commissioner since the last report. The commissioner shall maintain
a long range plan governing the use of the public domain under the
commissioner's jurisdiction.
84.031 Repealed, 1990 c 391 art 10 s 4
84.032 Repealed, 1990 c 391 art 10 s 4
84.033 Scientific and natural areas. Subdivision 1.Acquisition; designation. The commissioner of natural
resources may acquire by gift, lease, easement, or purchase, in the
manner prescribed under chapter 117, in the name of the state, lands
or any interest in lands suitable and desirable for establishing and
maintaining scientific and natural areas. The commissioner shall
designate any land so acquired as a scientific and natural area by
written order published in the State Register and shall administer
any land so acquired and designated as provided by section 86A.05.
Designations of scientific and natural areas are exempt from the
rulemaking provisions of chapter 14 and section 14.386
does not apply. Subd. 2. Repealed, 2005 c 161 s 26 Subd. 3.County approval. The commissioner must follow the procedures
under section 97A.145,
subdivision 2, when acquiring land for designation as a scientific
and natural area under this section.
84.034 Maintenance of cemetery in Whitewater Wildlife Management Area. The commissioner shall maintain in a
proper and decent manner and keep free of weeds any cemetery in the
Whitewater State Wildlife Management Area.
84.035 Peatland protection. Subdivision 1.
Citation. Sections 84.035 and 84.036
may be cited as the "Minnesota Peatland Protection Act." Subd.
2. Findings. The legislature finds that certain Minnesota
peatlands possess unique scientific, aesthetic, vegetative,
hydrologic, geologic, wildlife, wilderness, and educational values
and represent the various peatland ecological types in the state.
The legislature finds that it is desirable and appropriate to protect
and preserve these patterned peatlands as a peatland management
system through establishment and designation of certain peatland core
areas as scientific and natural areas. Subd. 3.
Definitions. Unless language or context clearly indicates that a
different meaning is intended, the following terms, for the purposes
of sections 84.035 and 84.036,
have the meanings given to them. (a) "Winter road" means an
access route which may be used by vehicles only when the substrate is
frozen, except as provided in subdivision 5, paragraph (b), clause
(3). (b) "Corridors of disturbance" means rights-of-way which
are in existence on the effective date of Laws 1991, chapter 354,
such as ditches, ditch banks, transmission lines, pipelines,
permanent roads, winter roads, and recreational trails. The
existence, on the effective date of Laws 1991, chapter 354, of a
corridor of disturbance may be demonstrated by physical evidence,
document recorded in the office of county recorder or other public
official, aerial survey, or other evidence similar to the above.
(c) "State land" means land owned by the state of Minnesota and
administered by the commissioner. Subd. 4. Designation of
peatland scientific and natural areas. Within the peatland areas
described in section 84.036,
state lands are hereby established and designated as scientific and
natural areas to be preserved and managed by the commissioner in
accordance with subdivision 5 and section 86A.05,
subdivision 5. Subd. 5. Activities in peatland scientific
and natural areas. Areas designated in subdivision 4 as peatland
scientific and natural areas are subject to the following conditions:(a) Except as provided in paragraph (b), all restrictions
otherwise applicable to scientific and natural areas designated under
section 86A.05,
subdivision 5, apply to the surface use and to any use of the mineral
estate which would significantly modify or alter the peatland water
levels or flows, peatland water chemistry, plant or animal species or
communities, or other natural features of the peatland scientific and
natural areas, including, but not limited to, the following
prohibitions: (1) construction of any new public drainage systems
after the effective date of Laws 1991, chapter 354, or improvement or
repair to a public drainage system in existence on the effective date
of Laws 1991, chapter 354, under authority of chapter 103E, or any
other alteration of surface water or ground water levels or flows
unless specifically permitted under paragraph (b), clause (5) or (6);(2) removal of peat, sand, gravel, or other industrial minerals;(3) exploratory boring or other exploration or removal of oil,
natural gas, radioactive materials or metallic minerals which would
significantly modify or alter the peatland water levels or flows,
peatland water chemistry, plant or animal species or communities, or
natural features of the peatland scientific and natural areas, except
in the event of a national emergency declared by Congress; (4)
commercial timber harvesting; (5) construction of new corridors
of disturbance, of the kind defined in subdivision 3, after June 5,
1991; and (6) ditching, draining, filling, or any other
activities which modify or alter the peatland water levels or flows,
peatland water chemistry, plant or animal species or communities, or
other natural features of the peatland scientific and natural areas.(b) The following activities are allowed: (1) recreational
activities, including hunting, fishing, trapping, cross-country
skiing, snowshoeing, nature observation, or other recreational
activities permitted in the management plan approved by the
commissioner; (2) scientific and educational work and research;(3) maintenance of corridors of disturbance, including survey
lines and preparation of winter roads, consistent with protection of
the peatland ecosystem; (4) use of corridors of disturbance
unless limited by a management plan adopted by the commissioner under
subdivision 6; (5) improvements to a public drainage system in
existence on the effective date of Laws 1991, chapter 354, only when
it is for the protection and maintenance of the ecological integrity
of the peatland scientific and natural area and when included in a
management plan adopted by the commissioner under subdivision 6;
(6) repairs to a public drainage system in existence on the effective
date of Laws 1991, chapter 354, which crosses a peatland scientific
and natural area and is used for the purposes of providing a drainage
outlet for lands outside of the peatland scientific and natural area,
provided that there are no other feasible and prudent alternative
means of providing the drainage outlet. The commissioner shall
cooperate with the ditch authority in the determination of any
feasible and prudent alternatives. No repairs which would
significantly modify or alter the peatland water levels or flows,
peatland water chemistry, plant or animal species or communities, or
other natural features of the peatland scientific and natural areas
shall be made unless approved by the commissioner; (7) motorized
uses on a corridor of disturbance, if the corridor existed on or
before January 1, 1992, provided that recreational motorized uses may
occur only when the substrate is frozen, or the corridor is snow
packed, subject to a management plan developed in accordance with
subdivision 6; (8) control of forest insects, disease, and
wildfires, as described in a management plan adopted by the
commissioner under subdivision 6; and (9) geological and
geophysical surveys which would not significantly modify or alter the
peatland water levels or flows, peatland water chemistry, plant or
animal species or communities, or other natural features of the
peatland scientific and natural areas. Subd. 6. Management
plans. The commissioner shall develop in consultation with the
affected local government unit a management plan for each peatland
scientific and natural area designated under section 84.036
in a manner prescribed by section 86A.09.The management plan shall address recreational trails. In those
peatland scientific and natural areas where no corridor of
disturbance was used as a recreational trail on or before January 1,
1992, the plan may permit only one corridor of disturbance, in each
peatland scientific and natural area, to be used as a recreational
motorized trail. Subd. 7. Establishing baseline ecological
data. The commissioner shall establish baseline data on the
ecology and biological diversity of peatland scientific and natural
areas and provide for ongoing, long-term ecological monitoring to
determine whether changes are occurring in the peatland scientific
and natural areas. This research is intended to identify any changes
occurring in peatland scientific and natural areas as a result of any
permitted activities outside the peatland scientific and natural
areas. This baseline data may include, but is not limited to, the
history of the peatlands and their geologic origins, plant and animal
communities, hydrology, water chemistry, and contaminants introduced
from remote sources of atmospheric deposition. Subd. 8.
Ditch abandonments. In order to eliminate repairs or improvements
to any public drainage system that crosses a peatland scientific and
natural area in those instances where the repair or improvement
adversely affects an area, the commissioner may petition for the
abandonment of parts of the public drainage system under section 103E.811.
If the public drainage system is necessary as a drainage outlet for
lands outside of the peatland scientific and natural area, the
commissioner will cooperate with the ditch authority in the
development of feasible and prudent alternative means of providing a
drainage outlet which avoids the crossing of and damage to the
peatland scientific and natural area. In so doing, the commissioner
shall grant flowage easements to the ditch authority for disposal of
the outlet water on other state lands. The ditch authority shall
approve the abandonment of parts of any public drainage system
crossing a peatland scientific and natural area if the public
drainage system crossing of those areas is not necessary as a
drainage outlet for lands outside of the areas or if there are
feasible and prudent alternative means of providing a drainage outlet
without crossing such areas. In any abandonment under this
subdivision the commissioner may enter into an agreement with the
ditch authority regarding apportionment of costs and, contingent upon
appropriations of money for that purpose, may agree to pay a
reasonable share of the cost of abandonment. Subd. 9.
Compensation for trust fund lands. The commissioner shall acquire
by exchange or eminent domain the surface interests, including peat,
on trust fund lands contained in peatland scientific and natural
areas established in subdivision 4. Subd. 10. Acquisition
of peatland scientific and natural areas. The commissioner may
acquire by purchase the surface interests, including peat, of lands
within the boundaries of the peatland areas described in section 84.036,
that are owned, or that hereafter become owned, by the state and
administered by the local county board. The commissioner shall
designate any land acquired under this subdivision as peatland
scientific and natural area and preserve and administer any land so
acquired and designated in accordance with subdivision 5 and section
86A.05.

84.036 Peatland scientific and natural areas; designation. The following scientific and natural areas are
established and are composed of all of the core peatland areas
identified on maps in the 1984 commissioner of natural resources
report, "Recommendations for the Protection of Ecologically
Significant Peatlands in Minnesota" and maps on file at the
Department of Natural Resources: (1) Red Lake Scientific and
Natural Area in Beltrami, Koochiching, and Lake of the Woods
Counties; (2) Myrtle Lake Scientific and Natural Area in
Koochiching County; (3) Lost River Scientific and Natural Area in
Koochiching County; (4) North Black River Scientific and Natural
Area in Koochiching County; (5) Sand Lake Scientific and Natural
Area in Lake County; (6) Mulligan Lake Scientific and Natural
Area in Lake of the Woods County; (7) Lost Lake Scientific and
Natural Area in St. Louis County; (8) Pine Creek Scientific and
Natural Area in Roseau County; (9) Hole in the Bog Scientific and
Natural Area in Cass County; (10) Wawina Scientific and Natural
Area in St. Louis County; (11) Nett Lake Scientific and Natural
Area in Koochiching County; (12) East Rat Root River Scientific
and Natural Area in Koochiching County; (13) South Black River
Scientific and Natural Area in Koochiching County; (14) Winter
Road Lake Scientific and Natural Area in Koochiching County; (15)
Sprague Creek Scientific and Natural Area in Roseau County; (16)
Luxemberg Scientific and Natural Area in Roseau County; (17) West
Rat Root River Scientific and Natural Area in Koochiching County; and(18) Norris Camp Scientific and Natural Area in Lake of the Woods
County.
84.081 Department divisions and bureaus. Subdivision
1. Directors. Subject to the commissioner's authority to
revise or abolish existing divisions and to establish new divisions,
all as prescribed in section 84.083,
subdivision 1, the Department of Natural Resources shall be organized
with the following divisions: a Division of Lands and Forestry, a
Division of Waters, Soils, and Minerals, a Division of Game and Fish,
a Division of Parks and Recreation, and a Division of Enforcement and
Field Service. Each division shall be under the immediate charge of
a director, subject to the supervision and control of the
commissioner. The commissioner may place a director's position in
the unclassified service if the position meets the criteria
established in section 43A.08,
subdivision 1a. They shall be chosen with regard to knowledge,
training, experience, ability in administering the work of their
respective divisions, and with consideration given to applicable
professional registration. Subd. 2. Repealed, 1991 c 326 s 27Subd. 3. Directors may employ assistants. Each director,
with the approval of the commissioner, may employ such assistants as
may be necessary for the work of the director's division. Each
director, with the approval of the commissioner, may designate one
employee as deputy director, and may revoke such designation at any
time, regardless of the civil service status of such employee and
without affecting such status. Each deputy director may exercise all
of the powers of the director, subject to the director's direction
and control, including powers delegated by the commissioner unless
otherwise prescribed by the commissioner.
84.082 Vacancies. In case of a vacancy in the
office of commissioner or of any director, the respective deputy
shall have all of the powers and perform all of the duties thereof
until a successor, either as an acting or regular incumbent, has been
appointed and has qualified; provided, no deputy commissioner serving
as commissioner in the event of a vacancy shall have power to
discharge a director or to revise or change the assignments of
activities among the divisions of the department or to designate
another deputy. While serving in such vacated office a deputy shall
receive the same salary as the regular incumbent.
84.083 Assignment and delegation of duties.
Subdivision 1. Division duties; delegation. Each division
shall have charge of administering the activities indicated by its
title and such other duties and functions as may be assigned by the
commissioner, subject to the right of the commissioner to revise and
change assignments of any and all activities or of specific duties or
functions at any time as the commissioner may see fit, including but
not limited to the right to abolish or revise existing divisions or
to establish new divisions. The commissioner may, by written order
filed in the Office of the Secretary of State, delegate to the
directors or other designated employees, any of the powers or duties
vested in or imposed upon the commissioner by this act or by any
other law upon such conditions as the commissioner may prescribe and
subject to modification or revocation at the commissioner's pleasure.
Such delegated powers and duties may be exercised or performed by the
respective directors or other employees in their own names or in the
name of the commissioner, as the commissioner may direct. Subd.
2. Repealed, 1996 c 310 s 1 Subd. 3. Purchasing. The
director of the Division of Waters may purchase technical and
scientific equipment needed for the functions and duties of the
director's office. Subd. 4. Appropriations available.
Money appropriated to the commissioner of natural resources for the
Division of Waters or its director to conduct hydrologic studies
remains available until spent.
84.0835 Designation of employees for limited natural resources law enforcement. Subdivision 1.
Commissioner's authority to designate employees. As provided in
this section, the commissioner may designate by written order certain
employees to enforce laws governing the use of state parks, state
monuments, state recreation areas, state waysides, forest subareas,
forest lands under the authority of the commissioner when incidental
to trail management or normal forestry duties, and game preserves and
other lands administered as wildlife management areas. The
designation by the commissioner is not subject to rulemaking under
chapter 14 and section 14.386
does not apply. Subd. 2. Designated employee authorities;
generally. An employee designated under subdivision 1: (1)
has citizen arrest powers according to sections 629.37
to 629.39;(2) may issue citations, on a form prescribed by the
commissioner, in lieu of arrest for petty misdemeanor violations and
misdemeanor violations, unless the violation occurs in the presence
of a conservation officer or other peace officer, as defined under
section 626.84,
subdivision 1, paragraph (c); and (3) may issue a report of
violation to be turned over to a conservation officer or other peace
officer for possible charges at the peace officer's discretion.
Subd. 3. Citation authority. Employees designated by the
commissioner under subdivision 1 may issue citations, as specifically
authorized under this subdivision, for violations of: (1)
sections 85.052,
subdivision 3 (payment of camping fees in state parks) and 85.45,
subdivision 1 (cross-country ski pass); (2) rules relating to
hours and days of operation, restricted areas, noise, fireworks,
environmental protection, fires and refuse, pets, picnicking, camping
and dispersed camping, nonmotorized uses, construction of
unauthorized permanent trails, mooring of boats, fish cleaning,
swimming, storage and abandonment of personal property, structures
and stands, animal trespass, state park individual and group motor
vehicle permits, licensed motor vehicles, designated roads, and
snowmobile operation off trails; (3) rules relating to
off-highway vehicle registration, display of registration numbers,
required equipment, operation restrictions, off-trail use for hunting
and trapping, and operation in lakes, rivers, and streams; (4)
rules relating to off-highway vehicle and snowmobile operation
causing damage or in closed areas within the Richard J. Dorer
Memorial Hardwood State Forest; (5) rules relating to parking,
snow removal, and damage on state forest roads; and (6) rules
relating to controlled hunting zones on major wildlife management
units.
84.084 Transfer of funds. The commissioner may
authorize the performance of services for any division by any other
division or by the department staff, and, with the approval of the
commissioner of administration, may require appropriate transfers of
funds to compensate for the cost of such service.
84.0845 Advance of matching funds. The commissioner
may advance funds appropriated for fish and wildlife programs to
government agencies, the National Fish and Wildlife Foundation,
federally recognized Indian tribes and bands, and private, nonprofit
organizations for the purposes of securing nonstate matching funds
for projects involving acquisition and improvement of fish and
wildlife habitat and related research and management. The
commissioner shall execute agreements for contracts with the matching
parties under sections 16C.03,
subdivision 4, and 16C.05
prior to advancing any state funds. The agreement or contract shall
contain provisions for return of the state's share and the matching
funds within a period of time specified by the commissioner. The
state's funds and the nonstate matching funds must be deposited in a
separate account and expended solely for the purposes set forth in
the agreement or contract. The commissioner shall enter into
agreements or contracts only with the National Fish and Wildlife
Foundation and federal and nonprofit authorities deemed by the
commissioner to be dedicated to the purposes of the project.
84.0846 Natural resource seminars and conferences.
The commissioner of natural resources may advance funds appropriated
for natural resource programs to government agencies, the National
Fish and Wildlife Foundation, federally recognized Indian tribes and
bands, colleges and universities, and nonprofit organizations deemed
by the commissioner to be dedicated to the goals and objectives of
the department for the purpose of sponsoring or cosponsoring
conferences and seminars related to natural resources issues and
management. The commissioner shall execute grants or contracts with
the responsible parties under section 16C.05
prior to advancing any state funds and the agreements must provide
for a full accounting of how the state's funds will be spent. 84.085 Acceptance of gifts. Subdivision 1.Authority. (a) The commissioner of natural resources may
accept for and on behalf of the state any gift, bequest, devise, or
grants of lands or interest in lands or personal property of any kind
or of money tendered to the state for any purpose pertaining to the
activities of the department or any of its divisions. Any money so
received is hereby appropriated and dedicated for the purpose for
which it is granted. Lands and interests in lands so received may be
sold or exchanged as provided in chapter 94. (b) The
commissioner of natural resources, on behalf of the state, may accept
and use grants of money or property from the United States or other
grantors for conservation purposes not inconsistent with the laws of
this state. Any money or property so received is hereby appropriated
and dedicated for the purposes for which it is granted, and shall be
expended or used solely for such purposes in accordance with the
federal laws and regulations pertaining thereto, subject to
applicable state laws and rules as to manner of expenditure or use
providing that the commissioner may make subgrants of any money
received to other agencies, units of local government, private
individuals, private organizations, and private nonprofit
corporations. Appropriate funds and accounts shall be maintained by
the commissioner of finance to secure compliance with this section.(c) The commissioner may accept for and on behalf of the
permanent school fund a donation of lands, interest in lands, or
improvements on lands. A donation so received shall become state
property, be classified as school trust land as defined in section 92.025,
and be managed consistent with section 127A.31.Subd. 2. Wetlands. The commissioner of natural resources
must accept a gift, bequest, devise, or grant of wetlands, as defined
in section 103G.005,
subdivision 19, or public waters wetlands, as defined in section 103G.005,
subdivision 15a, unless: (1) the commissioner determines that the
value of the wetland for water quality, floodwater retention, public
recreation, wildlife habitat, or other public benefits is minimal;(2) the wetland has been degraded by activities conducted without
a required permit by the person offering the wetland and the person
has not taken actions determined by the commissioner to be necessary
to restore the wetland; (3) the commissioner determines that the
wetland has been contaminated by a hazardous substance as defined in
section 115B.02,
subdivision 8, a pollutant or contaminant as defined in section 115B.02,
subdivision 13, or petroleum as defined in section 115C.02,
subdivision 10, and the contamination has not been remedied as
required under chapter 115B or 115C; (4) the wetland is subject
to a lien or other encumbrance; or (5) the commissioner, after
reasonable effort, has been unable to obtain an access to the
wetland.
84.0855 Sales; receipts; appropriation. Subdivision
1. Sales authorized; gift certificates. The commissioner may
sell natural resources-related publications and maps; federal
migratory waterfowl, junior duck, and other federal stamps; and other
nature-related merchandise, and may rent or sell items for the
convenience of persons using Department of Natural Resources
facilities or services. The commissioner may sell gift certificates
for any items rented or sold. Notwithstanding section 16A.1285,
a fee charged by the commissioner under this section may include a
reasonable amount in excess of the actual cost to support Department
of Natural Resources programs. The commissioner may advertise the
availability of a program or item offered under this section.
Subd. 1a. Software sales. Notwithstanding section 16E.15,
the commissioner may sell or license intellectual property and
software products or services developed by the department or custom
developed by a vendor for the department. Subd. 2.
Receipts; appropriation. Money received by the commissioner under
this section or to buy supplies for the use of volunteers, may be
credited to one or more special accounts in the state treasury and is
appropriated to the commissioner for the purposes for which the money
was received. Money received from sales at the state fair shall be
available for state fair related costs. Money received from sales of
intellectual property and software products or services shall be
available for development, maintenance, and support of software
products and systems. Subd. 3. Exemption from rulemaking
and legislative approval. A fee charged under this section is not
subject to the rulemaking provisions of chapter 14 and section 14.386
does not apply. The commissioner may establish fees under this
section notwithstanding section 16A.1283.

84.0856 Fleet management account. The commissioner
of natural resources may bill organizational units within the
Department of Natural Resources for the costs of providing them with
equipment. Costs billed may include acquisition, licensing,
insurance, maintenance, repair, and other direct costs as determined
by the commissioner. Receipts and interest earned on the receipts
shall be credited to a special account in the state treasury and are
appropriated to the commissioner to pay the costs for which the
billings were made.
84.0857 Facilities management account. The
commissioner of natural resources may bill organizational units
within the Department of Natural Resources for the costs of providing
them with building and infrastructure facilities. Costs billed may
include modifications and adaptations to allow for appropriate
building occupancy, building code compliance, insurance, utility
services, maintenance, repair, and other direct costs as determined
by the commissioner. Receipts shall be credited to a special account
in the state treasury and are appropriated to the commissioner to pay
the costs for which the billings were made.
84.086 Seals, uniforms, and badges. Subdivision 1.Seals required. The Department of Natural Resources and the
several divisions thereof shall have seals in the form and design
heretofore adopted, bearing the words "State of Minnesota, Department
of Natural Resources," also, in case of a division seal, the title of
the division. The seals may be used to authenticate the official
acts of the commissioner or the directors, respectively, but omission
or absence of the seal shall not affect the validity or force of any
such act. Subd. 2. Badges and uniforms. (a) The
commissioner may provide for the issuance at state expense of such
badges and uniforms as the commissioner deems necessary and suitable
for officers or employees of the department and its divisions.
(b) Uniforms for conservation officers and their supervisors shall be
equipped with distinctive emblems, and shall be distinctive from the
uniforms of any division or section of the Department of Natural
Resources, the State Patrol, or any other state department or agency.

84.087 Keeping records and orders. Except as
otherwise prescribed or required by law, the originals of all
official records, orders, and other documents made, executed, or
issued by or under the authority of the commissioner of natural
resources or the directors of the several divisions of the department
shall be filed and kept in the respective offices where the same were
made, executed, or issued, or in such other office in the department
as the commissioner may direct.
84.0872 Specific location data. Subdivision 1.
Definition; general classification. As used in this section,
"specific location data" means data that would enable persons to
locate the protected wild animal or endangered, threatened, or
special concern plant or animal identified by the data. Specific
location data are public data unless otherwise classified in this
section. Subd. 2. Nonpublic data. Specific location
data procured by the Department of Natural Resources that identify
protected wild animals, as defined under section 97A.015,
subdivision 39, or species that are designated endangered,
threatened, or of special concern under section 84.0895,
subdivision 3, are nonpublic data if disclosure is likely to: (1)
hinder management, propagation, or research; (2) facilitate
unfair chase or illegal taking, transport, or sale; or (3)
decrease the likelihood of establishing a protected wild animal or
bringing an endangered, threatened, or special concern species to a
point at which it is no longer endangered, threatened, or of special
concern. If a request for access to specific location data is
denied under this subdivision, the commissioner must provide the
requestor with a written explanation of the reason for the denial.Subd. 3. Disclosure. The commissioner may disclose data
classified as nonpublic under subdivision 2 to a person, an agency,
or the public if the commissioner determines that the disclosure will
promote public benefit by: (1) aiding the environmental review
process; (2) aiding research, education, or conservation
planning; or (3) providing information to landowners about
locations occurring on the landowners' property, if provision of the
information will promote protection of the resource.
84.0875 Environmental learning centers. The
commissioner may acquire and better, or make grants to counties, home
rule charter or statutory cities, or school districts to acquire and
better, residential environmental learning centers where students may
learn how to use, preserve, and renew the natural resources of this
state. A facility and reasonable access to it must be owned by the
state or a political subdivision but may be leased to or managed by a
nonprofit organization to carry out an environmental learning program
established by the commissioner. The lease or management agreement
must comply with the requirements of section 16A.695
and must provide for the procurement of liability insurance by the
nonprofit organization. A nonprofit organization that is operating
an environmental learning center under this section is a municipality
for purposes of the liability limitations of section 466.04
while acting within the scope of these activities.
84.088 Repealed, 1Sp1985 c 13 s 376
84.0885 Repealed, 1992 c 513 art 2 s 32
84.0887 Repealed, 2003 c 128 art 1 s 176
84.089 Volunteers in natural resources program.
Subdivision 1. Volunteers permitted. The commissioner of
natural resources may recruit, train, and accept without regard to
personnel laws, or rules, the services of individuals without
compensation as volunteers for or in aid of activities in and related
to the areas or programs administered by the commissioner. Subd.
2. Incidental expenses. The commissioner may provide for the
incidental expenses of a volunteer, such as transportation, uniforms,
lodging, and subsistence. Subd. 3. Application of law.
Except as otherwise provided in this section, a volunteer is not a
state employee and is not subject to the provisions of law relating
to state employment, including but not limited to those relating to
hours of work, rates of compensation, leave, unemployment benefits,
and state employee benefits. A volunteer accepted under this section
is a state employee for the purposes of section 176.011,
subdivision 9, and the provisions of chapter 176, relating to
workers' compensation apply to the volunteer.
84.0894 Enforcement of aquatic plants and endangered species. An enforcement officer shall enforce a violation of
sections 84.0895,
84.091,
84.093,
84.152,
and 103G.615
in the same manner as a violation of the game and fish laws.
84.0895 Protection of threatened and endangered species. Subdivision 1. Prohibition. Notwithstanding any other
law, a person may not take, import, transport, or sell any portion of
an endangered species of wild animal or plant, or sell or possess
with intent to sell an article made with any part of the skin, hide,
or parts of an endangered species of wild animal or plant, except as
provided in subdivisions 2 and 7. Subd. 2. Application.
(a) Subdivision 1 does not apply to: (1) plants on land
classified for property tax purposes as class 2a or 2c agricultural
land under section 273.13,
or on ditches and roadways; and (2) noxious weeds designated
pursuant to sections 18.76
to 18.88
or to weeds otherwise designated as troublesome by the Department of
Agriculture. (b) If control of noxious weeds is necessary, it
takes priority over the protection of endangered plant species, as
long as a reasonable effort is taken to preserve the endangered plant
species first. (c) The taking or killing of an endangered plant
species on land adjacent to class 3 or 3b agricultural land as a
result of the application of pesticides or other agricultural
chemical on the class 3 or 3b land is not a violation of subdivision
1, if reasonable care is taken in the application of the pesticide or
other chemical to avoid impact on adjacent lands. For the purpose of
this paragraph, class 3 or 3b agricultural land does not include
timber land, waste land, or other land for which the owner receives a
state paid wetlands or native prairie tax credit. (d) The
accidental taking of an endangered plant, where the existence of the
plant is not known at the time of the taking, is not a violation of
subdivision 1. Subd. 3. Designation. (a) The
commissioner shall adopt rules under chapter 14, to designate species
of wild animal or plant as: (1) endangered, if the species is
threatened with extinction throughout all or a significant portion of
its range; (2) threatened, if the species is likely to become
endangered within the foreseeable future throughout all or a
significant portion of its range; or (3) species of special
concern, if although the species is not endangered or threatened, it
is extremely uncommon in this state, or has unique or highly specific
habitat requirements and deserves careful monitoring of its status.
Species on the periphery of their range that are not listed as
threatened may be included in this category along with those species
that were once threatened or endangered but now have increasing or
protected, stable populations. (b) The range of the species in
this state is a factor in determining its status as endangered,
threatened, or of special concern. A designation by the secretary of
the interior that a species is threatened or endangered is a prima
facie showing under this section. (c) The commissioner shall
reevaluate the designated species list every three years after it is
first adopted and make appropriate changes. The review must consider
the need for further protection of species on the species of special
concern list. Species may be withdrawn from designation in the same
manner that species are designated. Subd. 4. Studies.
The commissioner may conduct investigations to determine the status
and requirements for survival of a resident species of wild animal or
plant. Subd. 5. Management. (a) Notwithstanding any
other law, the commissioner may undertake management programs, issue
orders, and adopt rules necessary to bring a resident species of wild
animal or plant that has been designated as threatened or endangered
to a point at which it is no longer threatened or endangered.
(b) Subject to the provisions of subdivision 6, management programs
for endangered or threatened species include research, census, law
enforcement, habitat acquisition, habitat maintenance, propagation,
live trapping, transplantation, and regulated taking. Subd. 6.Enforcement. A peace officer or conservation officer,
pursuant to chapter 626, may execute a warrant to search for and
seize goods, merchandise, plant or animal taken, sold or offered for
sale in violation of this section, or items used in connection with a
violation of this section. Seized property must be held pending
judicial proceedings. Upon conviction, seized property is forfeited
to the state and must be offered to a scientific or educational
institution or destroyed. Subd. 7. General exceptions.
(a) The commissioner may prescribe conditions for an act otherwise
prohibited by subdivision 1 if: (1) the act is for the purpose of
zoological, educational, or scientific study; (2) the act
enhances the propagation or survival of the affected species; (3)
the act prevents injury to persons or property; or (4) the social
and economic benefits of the act outweigh the harm caused by it.
(b) A member of an endangered species may not be destroyed under
clause (3) or (4) until all alternatives, including live trapping and
transplantation, have been evaluated and rejected. The commissioner
may prescribe conditions to propagate a species or subspecies.
(c) A person may capture or destroy a member of an endangered
species, without permit, to avoid an immediate and demonstrable
threat to human life or property. (d) The commissioner must give
approval under this subdivision for forest management, including
permit, sale, or lease of land for timber harvesting. Subd. 8.Application. This section does not apply retroactively or
prohibit importation into this state and subsequent possession,
transport, and sale of wild animals, wild plants, or parts of wild
animals or plants that are legally imported into the United States or
legally acquired and exported from another territory, state,
possession, or political subdivision of the United States. Subd.
9. Violations. A violation of this section is a misdemeanor.

84.09 Repealed, 1996 c 410 s 57
84.091 Aquatic vegetation in public waters.
Subdivision 1. Ownership. The state is the owner of wild
rice and other aquatic vegetation growing in public waters. A person
may not acquire a property interest in wild rice or other aquatic
vegetation or destroy wild rice or aquatic vegetation, except as
authorized under this chapter or section 103G.615.Subd. 2. License required; exception. (a) Except as
provided in paragraph (b), a person may not harvest, buy, sell,
transport, or possess aquatic plants without a license required under
this chapter. A license shall be issued in the same manner as
provided under the game and fish laws. (b) A resident under the
age of 18 years may harvest wild rice without a license, if
accompanied by a person with a wild rice license. Subd. 3.
License fees. (a) The fees for the following licenses, to be
issued to residents only, are: (1) for harvesting wild rice:
(i) for a season, $25; and (ii) for one day, $15; (2) for
buying and selling wild ginseng, $5; (3) for a wild rice dealer's
license to buy and sell 50,000 pounds or less, $70; and (4) for a
wild rice dealer's license to buy and sell more than 50,000 pounds,
$250. (b) The fee for a nonresident one-day license to harvest
wild rice is $30. (c) The weight of the wild rice shall be
determined in its raw state.
84.0911 Wild rice management account. Subdivision 1.Account established. The wild rice management account is
established as an account in the game and fish fund. Subd. 2.Receipts. Money received from the sale of wild rice licenses
issued by the commissioner under section 84.091,
subdivision 3, paragraph (a), clauses (1), (3), and (4), and
subdivision 3, paragraph (b), except for the electronic licensing
system commission established by the commissioner under section 84.027,
subdivision 15, shall be credited to the wild rice management
account. Subd. 3. Use of money in account. Money in the
wild rice management account is annually appropriated to the
commissioner and shall be used for management of designated public
waters to improve natural wild rice production.
84.092 Repealed, 1990 c 391 art 10 s 4
84.0921 Repealed, 1990 c 391 art 10 s 4
84.093 Wild ginseng. The commissioner may establish
rules including seasons for harvesting to conserve wild ginseng.
84.10 Wild rice harvested in certain lakes. It
shall be unlawful for any person to take wild rice grain from any of
the waters within the original boundaries of the White Earth, Leech
Lake, Nett Lake, Vermillion, Grand Portage, Fond du Lac and Mille
Lacs Reservations except said persons be of Indian blood, or
residents of the reservation upon which said wild rice grain is
taken.
84.105 Wild rice season. Ripe wild rice may be
harvested from July 15 to September 30.
84.11 Repealed, 1947 c 424 s 6
84.111 Rice harvesting. Subdivision 1.
Watercraft restrictions. It shall be unlawful to use, in
harvesting wild rice in any public waters in this state, any
watercraft other than a boat, skiff, or canoe propelled by hand,
which boat, skiff, or canoe may have a top width of not more than 36
inches and a length of not more than 18 feet, or any machine or
mechanical device for gathering or harvesting the grain other than
with flails not over 30 inches in length nor over one pound in
weight, which flails must be held and operated by hand. Subd. 2.Pole restrictions. It is unlawful to use any pole for
propelling any watercraft used in such harvesting which is not forked
at the end, with each branch less than 12 inches in length.
Subd. 3. Machine restrictions. It is unlawful to use in such
harvesting any machine or device for gathering the grain other than a
flail not over 30 inches in length nor over one pound in weight, held
and operated by hand. Subd. 4. Harvest hours. It is
unlawful to harvest any wild rice in any public waters between 3:00
p.m. and 9:00 a.m. following except as otherwise expressly permitted
in writing by an authorized committee member or other agent of the
commissioner pursuant to rules of the commissioner. Subd. 5.Fee holder provisions. Notwithstanding the provisions of
subdivisions 1 to 3, any person holding fee title to all property
surrounding a body of public waters may use mechanical harvesting
devices to harvest wild rice in those waters. This subdivision does
not apply to: (a) Any body of public waters greater than 125
acres in size; (b) Any body of public waters to which the public
has access directly or through a channel or watercourse; (c) Any
body of public waters within the original boundaries of any Indian
reservation; or (d) Harvesting of wild rice for use or sale by
any person other than the owner of the surrounding property. 84.12 Repealed, 1947 c 424 s 6
84.13 Repealed, 1947 c 424 s 6
84.14 Repealed, 1996 c 410 s 57
84.15 Commissioner's authority; rice harvesting.
Subdivision 1. Authority to restrict harvest. The
commissioner may restrict or prohibit the harvesting of wild rice
grain on public waters of any designated area when, upon
investigation of conditions, it shall be determined necessary or
advisable to protect against undue depletion of the crop so as to
retard reseeding or restocking of such area or so as to endanger its
effective use as a natural food for waterfowl. Subd. 2.
Harvest for research or planting. The commissioner may harvest
not to exceed 10,000 pounds of wild rice in any calendar year for the
purposes of obtaining wild rice seed for experimental and research
purposes and replanting in public waters of the state, including
waters within the original boundaries of the Minnesota Indian
reservations.
84.151 Expired
84.152 Wild rice. Subdivision 1. Rules. The
commissioner shall prescribe rules for harvesting and possessing wild
rice. Subd. 2. License required. A person who buys wild
rice within the state for resale to anyone except consumers, or sells
wild rice imported from outside the state to anyone within the state
except consumers must have a wild rice dealer's license. Subd.
3. Application. (a) An application for a wild rice dealer's
license must be made under a written oath. The form of a wild rice
dealer's license application must include: (1) the amount of wild
rice, whether raw or processed, bought or sold by the applicant
during the preceding calendar year; (2) the amount of wild rice
the applicant estimates will be bought or sold under the license; and(3) other pertinent information required by the commissioner.(b) The license fee must be paid in advance, based on the
applicant's estimate. A license may not be issued for a fee based on
a lesser amount of wild rice than was bought or sold by the applicant
during the preceding calendar year. Subd. 4. Supplemental
license. A wild rice dealer may not buy or sell wild rice for
which a license is required in excess of the amount covered by the
license. If a wild rice dealer desires to buy or sell wild rice in
excess of the licensed amount, the dealer must apply for a
supplemental license. The supplemental license shall be issued for
the additional amount of wild rice upon payment of the prescribed
fee, less credit for the fees paid for the previous license or
licenses issued for the same calendar year. When the supplemental
license is issued, the previous licenses held by the dealer shall be
surrendered to the commissioner. Subd. 5. Repealed, 1989 c 350
art 19 s 2 Subd. 6. Penalties. (a) A person is guilty of
a misdemeanor who: (1) willfully makes a false statement in an
application for a license or in a required report or record; or
(2) violates a provision relating to wild rice dealers. (b) Each
violation is a separate offense. An acquittal prohibits later
prosecution based on a similar charge involving other wild rice in
the same transaction. (c) If a wild rice dealer is convicted of
two offenses under this subdivision within three years, the dealer's
license is null and void and the dealer may not be issued a license
for one year after the date of the conviction.
84.1525 Stromatolites. Subdivision 1. Permit
required. A person may not possess, move, or disturb a
stromatolite located in waters of the state except under a permit
issued by the commissioner. Subd. 2. Rules. The
commissioner may adopt rules establishing criteria and procedures
for: (1) the issuance of stromatolite permits with reasonable
conditions; and (2) the denial, modification, suspension, or
revocation of stromatolite permits for cause.
84.153 Property; leasing, renting. (a) The
commissioner is hereby authorized at public or private vendue and at
such prices and under such terms and conditions as the commissioner
may prescribe, to lease any buildings or lands not now authorized to
be leased, acquired in the name of the state of Minnesota by any of
the several divisions of the department which are not presently
needed for the uses and purposes of any of the divisions of the
department. The purposes for which such leases may be executed shall
be in the furtherance of the interests of conservation and such uses
shall not result in any permanent injury to the land. No such lease
shall be made for a term to exceed two years and shall contain a
provision for cancellation at any time by the commissioner upon three
months written notice. All money received from these leases shall be
credited to the fund from which the property was acquired, except an
amount equal to the cost of maintenance of the leased property shall
be credited to the fund charged with the cost of maintenance. Money
credited for leased property maintenance is appropriated to the
commissioner for that purpose. (b) The commissioner is hereby
authorized to rent or lease to employees of the various divisions of
the department such cabins, buildings, or living quarters as are now
or may hereafter be constructed upon state-owned lands under the
control of the several divisions of the department, when this
occupancy is found to be necessary or beneficial to the work of the
department. These leases or rental agreements shall be upon a month
to month basis and provide for surrender by the lessee upon demand at
any time the lessee's services with the state may be terminated,
without the necessity of any written notice. All receipts from rents
shall be paid in to the commissioner of finance and credited to the
fund charged with the cost of maintenance of such buildings and are
hereby appropriated for such use. (c) All instruments and
transactions so negotiated shall be approved as to form, validity,
and execution by the attorney general. (d) 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.
84.154 Lac qui Parle water control project.
Subdivision 1. Conservation project. The commissioner is
hereby authorized, with the approval of the Executive Council, and on
such terms as may be deemed advantageous to the state, to sell and
convey to the United States the fee title, free from any mineral
reservation, of lands acquired by the state for the Lac qui Parle
River water control project upon which dams and appurtenant
structures have been or may be constructed and such rights-of-way as
may be required by the United States to provide access thereto for
the purposes of construction, maintenance and operation, and to
grant, sell and convey either such fee title to, or flowage rights
over, all lands acquired for the project on and above Lac qui Parle
Lake which lie below the 935.7 foot elevation on project datum, and
to grant, sell and convey flowage rights only over all lands so
acquired on or above Marsh Lake which lie below the 939.5 foot
elevation on project datum and over all of such lands on and above
either of these lakes which lie above such elevations, and to lease
to any appropriate agency of the United States for conservation
purposes, subject to such flowage rights, any of such lands the
ownership of which is retained by the state, or to enter into a
cooperative agreement with any such agency for the development and
management of any wild life or other conservation activity thereon;
provided, that no such conveyance or agreement shall waive any claim
of the state for reimbursement from the United States under the Flood
Control Act of June 28, 1938, and any amendments thereof. Each such
lease for conservation purposes and each such cooperative agreement
for the development and management of wild life or other conservation
activity on such lands shall contain specific conditions reserving to
the public during all open seasons for hunting wild waterfowl at
least 40 percent of the area of these lands suitable for hunting
waterfowl as public shooting grounds. Subd. 2. Commissioner
may complete Lac qui Parle and Big Stone Lake projects. Inasmuch
as the cessation of the work relief program of the federal government
and the entry of the United States into the present war prevented
completion of certain contemplated features of the Lac qui Parle and
Big Stone Lake water control projects heretofore undertaken by the
Executive Council, in cooperation with federal agencies, and it is
desirable that such projects be completed in order to secure
effective control and utilization of the waters affected for the
purposes of prevention and control of floods, water conservation,
improvement of conditions for game and fish, and other authorized
public uses, the commissioner of natural resources is authorized to
construct all works and improvements pertaining or incidental to said
projects which the commissioner deems necessary for such purposes,
and to maintain and operate the same so far as not transferred to the
United States pursuant to law. Subd. 3. Powers of
commissioner. The commissioner of natural resources may use for
any project herein authorized any land of the state under the
commissioner's jurisdiction or control so far as is not inconsistent
with the laws governing the same, may acquire by purchase, gift, or
condemnation any additional lands or interests in lands required for
such projects, including lands or interests in adjacent states if
authorized by the laws thereof, may accept gifts or grants of money
or property from the United States or any other source for such
projects, may use and apply any money or property so received in
accordance with the terms of the gift or grant so far as is not
inconsistent with the provisions of this section or other laws, may
act in behalf of the state as sponsor for any such project undertaken
or authorized by the United States, may make any sponsor's
contributions required for any such project out of money appropriated
by Laws 1943, chapter 476, or otherwise made available therefor, and
may cooperate with the United States or any adjacent state or any
authorized agency of either in constructing, maintaining and
operating any such project upon such terms and conditions as the
commissioner may deem proper not inconsistent with the laws of this
state. Subd. 4. May sell or lease land. The
commissioner of natural resources may, in behalf of the state, with
the approval of the governor, sell or lease to the United States any
part of the lands or interests in lands heretofore or hereafter
acquired by the state for the purposes of such projects, with any
structures or improvements thereon, upon such terms and conditions as
the commissioner may deem proper, providing for the continued
maintenance and operation of such projects for the purposes herein
specified; provided that the provisions of this section shall not be
deemed to repeal or supersede the provisions of Laws 1941, chapters
142 and 518, with respect to lands or interests heretofore acquired,
so far as applicable thereto; provided, that the governor shall not
approve any such sale or lease without first consulting the
Legislative Advisory Commission and securing their recommendation,
which shall be advisory only. Failure or refusal of the commission
to make a recommendation promptly shall be deemed a negative
recommendation. Subd. 5. Special funds created. (1)
There is hereby created a special fund to be known as the Lac qui
Parle and Big Stone Lake water control projects fund, in which shall
be placed all moneys heretofore or hereafter received for any lands
or other property acquired by the state for the Lac qui Parle water
control project and heretofore or hereafter sold or leased to the
United States pursuant to Laws 1941, chapter 518, or otherwise, also
all money heretofore or hereafter received from any source for the
sale or lease under any other law of any lands or other property
acquired by the state for either the Lac qui Parle or Big Stone Lake
water control project, except as otherwise provided in clause (2).(2) All moneys in excess of $2,500 remaining June 30, 1943, and
at the end of each fiscal year thereafter in the Lac qui Parle
revolving fund designated by Laws 1941, chapter 142, shall be
transferred to said projects fund. When all the property authorized
to be sold under said chapter has been sold and the proceeds have
been received the Executive Council shall notify the commissioner of
finance thereof. Thereupon the balance remaining in said revolving
fund shall be transferred to said projects fund and said revolving
fund shall be abolished. (3) All moneys in said projects fund
are hereby appropriated to the commissioner of conservation for the
purposes of Laws 1943, chapter 476, to remain available therefor
until expended hereunder or otherwise expressly disposed of by law;
provided, that all expenditures hereunder shall be subject to the
approval of the governor; provided, that the governor shall not
approve any such expenditure without first consulting the Legislative
Advisory Commission and securing their recommendation, which shall be
advisory only. Failure or refusal of the commission to make a
recommendation promptly shall be deemed a negative recommendation.Subd. 6. Transfer to commissioner. (1) The supervision
and control of the Lac qui Parle project lands, which is now vested
in the Executive Council by Laws 1925, chapter 426; Laws 1933,
chapter 355; Extra Session Laws 1933, chapter 25; Laws 1935, chapter
51; Extra Session Laws 1935, chapter 101; Laws 1937, chapters 209 and
459; Extra Session Laws 1937, chapter 89; Laws 1941, chapters 142 and
518; Laws 1943, chapter 476; Laws 1945, chapter 325; Laws 1947,
chapter 571; and Minnesota Statutes, section 84.154, are hereby
transferred to the commissioner of natural resources. (2) These
lands, which consist of 22,000 acres, more or less, located in the
north and east edge of Lac qui Parle County and portions of the south
and west edges of Chippewa, Swift and Big Stone Counties, shall be
used and developed as a game refuge and public hunting grounds as the
commissioner of natural resources may designate and shall include all
state-owned lands acquired pursuant to the provisions of law above
stated. (3) The right of eminent domain will not be exercised in
the case of the acquisition of additional lands to this game refuge
and public hunting ground.
84.155 Conservation projects; Beltrami Island, Pine Island. Subdivision 1. Certain leases between the
state and the United States of America ratified and approved.
Leases entered into between the United States of America and the
state of Minnesota, through the commissioner of conservation, under
date of August 2, 1940, demising to the state of Minnesota federal
owned lands in what are known as the Beltrami and Pine Island areas,
located in the counties of Koochiching, Roseau, Lake of the Woods,
and Beltrami, in the state of Minnesota, for a period of 50 years,
are hereby in all things ratified and approved. Subd. 2.
Beltrami Island conservation project created. For the purpose
of protecting, preserving, and managing wild life, forest and water
resources, there is hereby established the Beltrami Island
conservation project consisting of all lands within the descriptions
hereinafter contained. All public lands, except tax forfeited lands,
lying within these areas are hereby set aside and reserved from sale.
These areas shall comprise the following lands and waters in Beltrami
County, Minnesota: All of Townships 155 and 156, North, in Ranges
31, 32, 33, 34 and 35 West of the fifth principal meridian: All
of Townships 157 and 158, North, in Ranges 36 and 37 West of the
fifth principal meridian: and the following described lands and
waters in the Lake of the Woods County, Minnesota: All of
Township 157, North, Range 32 West of the fifth principal meridian:All of Townships 157, 158 and 159, North, in Range 33 West of the
fifth principal meridian: All of Townships 157, 158, 159 and 160,
North, in Range 34 West of the fifth principal meridian: All of
Townships 157, 158, 159 and 160, North, in Range 35 West of the fifth
principal meridian: All of Townships 159 and 160, North, in Range
36 West of the fifth principal meridian: and the following
described lands and waters in Roseau County, Minnesota: The South
one-half of Township 161, North, in Range 35 West of the fifth
principal meridian: The South one-half of Township 161, North, in
Range 36 West of the fifth principal meridian: All of Townships
159 and 160 and the South two-thirds of Township 161, North, in Range
37 West of the fifth principal meridian, and The East two-thirds
of Township 160, North, in Range 38 West of the fifth principal
meridian. Subd. 3. Pine Island conservation project
created. For the purpose of protecting, preserving and managing
wild life, forest and water resources, there is hereby established
the Pine Island conservation project consisting of all lands within
the descriptions hereinafter contained. All public lands, except
tax-forfeited lands, lying within these areas are hereby set aside
and reserved from sale. These areas shall comprise the following
lands and waters in Koochiching County, Minnesota: All of
Townships 64 and 65, North, in Range 24 and 25 West of the fourth
principal meridian: All of Townships 64, 65, 66 and 67, North, in
Range 26 West of the fourth principal meridian: All of the lands
in Townships 64, 65, 66 and 67, North, in Range 27 West of the fourth
principal meridian: All of Township 152; the South one-half of
Township 153; all of Townships 155 and 156; the West two-thirds of
Township 157 and that portion of Township 158, North, situated south
of the center line of Black River, all in Range 25 West of the fifth
principal meridian: All of Township 152, North; the South
one-half of Township 153; the North one-half of Township 155; all of
Townships 156 and 157 and that portion of Township 158, North,
situated south of the center line of Black River, all in Range 26
West of the fifth principal meridian: All of Townships 153 and
154; the North one-half of Township 155; all of Townships 156 and
157, and that portion of Township 158, North, situated south of the
center line of Black River and east of that branch of the Black River
which flows north through Sections 33 and 28, in Range 27 West of the
fifth principal meridian: All of Townships 153, 154, 155, 156,
157 and 158 and the West one-third of Township 159, North, in Range
28 West of the fifth principal meridian; and All of Townships
153, 154, 155, 156, 157, 158 and 159, North, in Range 29 West of the
fifth principal meridian. Subd. 4. Lands to be under
management of commissioner. All public lands except
tax-forfeited lands, owned by the state of Minnesota, as well as
lands owned by the United States and leased by the state of Minnesota
within the Beltrami and Pine Island projects shall be under the
management and control of the commissioner, who shall have authority
to negotiate for and enter into on behalf of the state of Minnesota,
leases for hay stumpage and timber stumpage at such fees and prices
as the commissioner may determine reasonable and just. Subd. 5.Commissioner to make rules. Within the boundaries of the
Beltrami Island and Pine Island areas, the commissioner is hereby
given full power and authority to make, establish, promulgate, and
enforce all necessary rules for the care, preservation, protection,
breeding, propagation, and disposition of any and all species of wild
life therein and the regulation, issuance, sale, and revocation of
special licenses or special permits for hunting, fishing, trapping,
camping and other uses within the areas not inconsistent with the
terms of this section. The commissioner shall have the power and
authority to declare the terms and conditions of such licenses and
permits and the charges to be made therefor. The commissioner may
issue rules specifying and controlling the terms under and by which
any wild animals may be taken, captured, or killed therein or under
and by which fur-bearing animals having commercial value may be sold
and transported. The commissioner may regulate and effect the sale
of merchantable timber from such lands as are owned or leased by the
state; provided, authority as to the leased lands shall not exceed
that provided in the leases. Subd. 6. Two accounts created;
disposition of receipts. There shall be created two accounts,
one to be known as the Beltrami Island conservation account and the
other as the Pine Island conservation account. All income and
revenue received by virtue of all hay and stumpage leases, timber
sales, sales of special licenses and permits, as hereinabove
provided, from each of the areas described in this section, shall be
paid in to the state treasury and credited to that account bearing
the name of the project from which the income was derived. These
sums are hereby appropriated for the purpose of administering said
areas in accordance with the terms of this section and the terms of
the leases herein referred to as having been approved and ratified
and for making repairs and replacements on the properties leased as
provided by the leases. Any portion of income or revenue not needed
for the above purposes may be used, subject to the mutual agreement
between the state of Minnesota and the United States provided for in
the leases, covering the acquisition by the state of Minnesota of
additional lands to block in, round out and enlarge its holdings.
Nothing herein contained shall alter, modify, or change the method of
handling revenue or income provided for in Laws 1929, chapter 258,
from lands now in the public domain under the provisions of that act
and nothing herein contained shall alter, modify, or change the
method of handling revenue or income provided for in Laws 1929,
chapter 258, from lands now in the public domain under the provisions
of this section.
84.156 Interest in certain lands transferred to United States. Subdivision 1. Grant of easement to United
States. There is hereby granted to the United States an easement
and right to flow and overflow by water the right-of-way of any and
all town, county and state roads or highways lying within the Lac qui
Parle water control project in Chippewa, Lac qui Parle, Big Stone,
and Swift Counties, below the 945.0 foot elevation on project datum,
and no claims for damage shall be maintainable against the United
States by the state or any of its governmental subdivisions for any
damage or injury to such roadways or highways, below such 945.0 foot
elevation, because of the operation of any of the dams in said
project or the maintenance of any water levels thereby. Subd. 2.Commissioner to acquire certain titles. The commissioner of
natural resources of the state of Minnesota is hereby authorized to
acquire by gift, purchase or condemnation, the underlying fee title
to the right-of-way of any township or county roads or highways lying
within such water control project and not now in public ownership, or
the right to flow and overflow the same. The commissioner is further
authorized to convey such fee title or flowage easements to the
United States, together with any fee titles or easements heretofore
obtained by or on behalf of the state, the counties or townships
involved, to the right-of-way of any such roads or highways, when
such conveyances are required to carry out the purposes of Laws 1943,
chapter 476, and Laws 1941, chapter 518. Subd. 3. Grant
effective upon acceptance. The grant contained in subdivision 1
herein shall become effective upon the acceptance of title or
easements by the United States to lands adjacent to each such road or
highway. Subd. 4. Certain laws continued in effect.
Nothing herein shall be deemed to repeal or supersede Laws 1943,
chapter 476, or Laws 1941, chapter 518, but the same and the whole
thereof shall be continued in effect.
84.157 Exchange of certain state lands.
Notwithstanding any provision of section 94.343,
subdivision 2, or any other existing law to the contrary, Class A
state lands located within the Red Lake Game Preserve, the
conservation areas created under sections 84A.20
and 84A.31,
the Beltrami Island Conservation Project, the Beltrami Island State
Forest, the Pine Island Conservation Project, the Pine Island State
Forest, and all state forests or parts thereof in the area within the
proclaimed boundaries of the Superior National Forest and the
Chippewa National Forest wherein consent of the state to acquisition
of land by the United States has heretofore been given by or pursuant
to law may be exchanged for other lands within or without said areas
upon compliance with all other provisions of law relating to the
exchange of such lands, even though such exchanges may reduce land
holdings of the state within the respective areas above specified.

84.158 Repealed, 1990 c 391 art 10 s 4
84.161 Land acquisition for certain purposes. The
commissioner of natural resources is hereby authorized to acquire on
behalf of the Department of Natural Resources, state of Minnesota,
all dam site and flowage easements and other interests in land by
gift, purchase, condemnation or otherwise which may be necessary to
accomplish the purposes of this section and to construct all dams,
structures and control works needed to restore and control the water
levels of Goose and Mud Lakes, Cass County, Minnesota, which
authority to condemn shall include the condemnation of state-owned
land whether held in trust or otherwise and whether or not the same
be set aside as lake shore property or other special use under other
provisions of law and the commissioner may further use any land of
the state under the commissioner's jurisdiction for this project; all
for the purpose of improving habitat for fish, wild fowl and game,
wild rice and for forestry and fire protection.
84.162 Powers of commissioner; flowage rights. The
commissioner of natural resources is hereby authorized to enter into
contracts and agreements with the United States and any authorized
agency thereof for the use by the state of any flowage rights and
other interests in land held by the United States needed for the
flowage of land for this project and the commissioner of natural
resources may acquire such property in fee and may further contract
and cooperate with the United States for the operation and control of
the levels of said water and the construction and maintenance of any
of the structures needed therefor upon such terms and conditions as
the commissioner may deem necessary and proper not otherwise
inconsistent with law.
84.163 Battle Point; conveyance to Todd County. The
governor, upon the recommendation of the commissioner of natural
resources is hereby granted power to quitclaim and convey to the
county of Todd the state's interests in the lands described below,
and any state structures located thereon, on the condition that the
county agree to improve and maintain for the benefit of the public
for the purposes of fishing, hunting, picnicking, camping, playing of
athletic games, access to the lake, and general recreational
purposes, the following described lands located in Todd County:
Commencing at the westerly corner of a triangular tract of land in
Section 5, Township 128, Range 35, designated as tract "A" of
Michael's Subdivision of a portion of Government Lot 1, Section 4,
Township 128, Range 35, according to the recorded plat thereof,
thence southwesterly, westerly and northwesterly, curving to the
right along the shore of Lake Osakis, to the tip of Battle Point;
thence southeasterly along the shore of Lake Osakis, to a point where
the shore line intersects the north-south section line between
Sections 4 and 5 of Township 128, Range 35; thence north along said
section line, between said Sections 4 and 5 of Township 128, Range
35; to the southerly corner of the hereinbefore mentioned tract "A"
of said Michael's Subdivision; thence northwesterly to the point of
beginning known as Battle Point. The lands and structures shall be
conveyed in such form as the attorney general shall prescribe and the
conveyance shall contain a provision that the lands and structures
shall revert to the state in the event that the county of Todd fails
to operate and maintain the same as prescribed by this section. 84.164 Repealed, 1971 c 859 s 14
84.361 Taxes canceled in certain cases. After
forfeiture to the state of any parcel of land lying within the Red
Lake Game Preserve, as provided by Laws 1935, chapter 278, the county
auditor shall cancel all taxes and tax liens appearing upon the
records, both delinquent and current, and all special assessments,
delinquent or otherwise.
84.362 Removal of structures. Until after the sale
of any parcel of tax-forfeited land, whether classified as
agricultural or nonagricultural hereunder, the county auditor may,
with the approval of the commissioner, provide: (1) for the sale
or demolition of any structure located on the land that has been
determined by the county board to be especially liable to fire or so
situated as to endanger life or limb or other buildings or property
in the vicinity because of age, dilapidated condition, defective
chimney, defective electric wiring, any gas connection, heating
apparatus, or other defect; and (2) for the sale of salvage
material, if any, therefrom.
84.363 Sale of dead and down timber. The county
auditor may with the approval of the county board sell dead, down and
mature timber upon any tract of agricultural land designated by the
commissioner of natural resources. Such sale of timber products
shall be for cash at not less than the appraised value thereof, as
determined by the commissioner, to the highest bidder after not less
than one week's published notice in an official paper within the
county. Any timber offered at such public sale and not sold may
thereafter be sold at private sale by the county auditor at not less
than the appraised value thereof. The forestry practices to be
followed in the cutting of this timber shall be approved by the
commissioner.
84.37 Repealed, 1963 c 5 s 12
84.38 Repealed, 1963 c 5 s 12
84.39 Repealed, 1963 c 5 s 12
84.40 Repealed, 1963 c 5 s 12
84.41 Repealed, 1963 c 5 s 12
84.415 Utility licenses, permits. Subdivision 1.Utility companies, permit to cross state-owned lands. The
commissioner of natural resources shall, on or before January 1,
1974, promulgate in the manner provided by chapter 15, rules
containing standards and criteria governing the sale of licenses
permitting the passage of utilities over public lands and waters.
The rules shall include provisions to insure that all projects for
which licenses are sold will have a minimum adverse impact on the
environment. The commissioner of natural resources may, at public or
private sale and for such price and upon such terms as are specified
in the rules (except where prohibited by law) grant licenses
permitting passage over, under, or across any part of any school,
university, internal improvement, swamp, tax-forfeited or other land
or public water under the control of the commissioner of natural
resources, of telephone, telegraph, and electric power lines, cables
or conduits, underground or otherwise, or mains or pipe lines for
gas, liquids, or solids in suspension. Any such license shall be
cancelable upon reasonable notice by the commissioner for substantial
violation of its terms, or if at any time its continuance will
conflict with a public use of the land or water over or upon which it
is granted, or for any other cause. All such land or public water
shall remain subject to sale or lease or other legal use, but in case
of sale, lease or other use there may be excepted from the grant or
other disposition of land or public water all rights included in any
license over, under, or across it, and the license may contain an
agreement that there will be such exception. The commissioner may
charge a fee in lieu of but not less than that authorized by
subdivision 5 if issuing a license containing an agreement that there
will be such an exception. All rights so excepted shall be reserved
to the state and be cancelable by the commissioner for the same
reasons or cause as they might have been canceled before such sale,
lease or other use of the land or water. Upon such cancellation,
which shall be only after reasonable notice to the licensee, all
rights granted by the license shall be vested in the state and may be
granted again by the commissioner on the terms and conditions the
commissioner may prescribe, but subject to cancellation for the same
reasons or causes as they might have been originally canceled unless
ownership of the fee and of the license are merged. Any license
granted before April 13, 1951, may be governed by it if the licensee
and commissioner so agree. Reasonable notice as used in this
subdivision means a 90 day written notice addressed to the record
owner of the license at the last known address, and upon cancellation
the commissioner may grant extensions of time to vacate the premises
affected. Subd. 2. Repealed, 1967 c 536 s 3 Subd. 3.
Application, form. The application for license or permit shall be
in quadruplicate, and shall include with each copy a legal
description of the lands or waters affected, a metes and bounds
description of the required right-of-way, a map showing said
features, and a detailed design of any structures necessary, or in
lieu thereof shall be in such other form, and include such other
descriptions, maps or designs, as the commissioner may require. The
commissioner may at any time order such changes or modifications
respecting construction or maintenance of structures or other
conditions of the license or permit as the commissioner deems
necessary to protect the public health and safety. Subd. 4.
Attorney general, duties. The license or permit to be granted
shall be in a form to be prescribed by the attorney general; shall
describe the location of the license or permit thereby granted and
shall continue until canceled by the commissioner, subject to change
or modification as herein provided. Subd. 5. Fee. In
the event the construction of such lines causes damage to timber or
other property of the state on or along the same, the license or
permit shall also provide for payment to the commissioner of finance
of the amount thereof as may be determined by the commissioner.
All money received under such licenses or permits shall be credited
to the fund to which other income or proceeds of sale from such land
would be credited, if provision therefor be made by law, otherwise to
the general fund.
84.42 Violations; penalties. Subdivision 1.
Penalties. Any person violating any of the provisions of sections
84.091
to 84.15,
or any of the orders of the commissioner promulgated in pursuance of
the provisions thereof, shall be guilty of a misdemeanor; and, upon a
second conviction within a period of three years, the person's
license shall become null and void and no license of the same kind
shall be issued to the person for one year after the date of such
conviction; and any person violating, or threatening to violate, any
provisions of sections 84.091
to 84.15
and Laws 1939, Chapter 231, may be restrained by injunction
proceedings brought in the name of the state by the attorney general
or by any county attorney. Subd. 2. Repealed, 1965 c 45 s 73

84.43 Definitions. Subdivision 1.
Applicability. The definitions given in this section shall govern
for the purposes of sections 84.43 to 84.52
unless a different meaning is clearly indicated by the language or
context. Subd. 2. Wilderness area. "Wilderness area"
shall mean any of the following areas or parts thereof: (1) all
those portions of the Superior National Forest described in section 2
of Public Law 733, 80th Congress, approved June 22, 1948, and all
public waters included therein or bordering thereon except the
following: Crane Lake, Moose Lake in Township 64 North, Range 9 West,
Snow Bank Lake, Sawbill Lake, Brule Lake, Big Lake in Townships 64
and 65 North, Range 13 West, Saganaga Lake, Seagull Lake, Clearwater
Lake in Township 65 North, Range 1 East, and East Bearskin Lake in
Township 64 North, Range 1 East and Range 1 West; (2) such other
areas as may be designated by the commissioner of natural resources
as hereinafter provided within the present boundaries of the Superior
National Forest and the Kabetogama and Pigeon River purchase units
thereof as heretofore established by federal authority and not less
than five miles from any public highway. Subd. 3. Public
waters. "Public waters" shall mean all waters lying wholly within
the state and all portions of boundary waters within the jurisdiction
of the state contained within any wilderness areas designated
hereunder and which the public have a right to use for navigation,
fishing, hunting or any other beneficial public use. Subd. 4.Aircraft. "Aircraft" shall mean any contrivance now known or
hereafter invented and used or designed for navigation or flight in
the air.
84.44 Declaration of policy. It is hereby declared
that regulation and control of the operation of aircraft and
watercraft upon or over any wilderness area and public waters therein
is necessary for the protection and promotion of public health,
safety and welfare and other interests of the public therein and for
the protection and conservation of natural wilderness conditions and
other natural resources therein for the public benefit.
84.45 Commissioner duties; wilderness areas. The
commissioner of natural resources shall designate such wilderness
areas within the limits hereinbefore authorized as the commissioner
shall determine after investigation to be necessary for the purposes
of sections 84.43
to 84.52,
and to add to, withdraw from, or otherwise modify such designations
from time to time as the fulfillment of such purposes may require.
Such designations shall be made by rules adopted as provided by and
subject to the laws relating to rules of administrative agencies of
the state, and may be modified or rescinded in like manner; provided,
that in addition to or in connection with the proceedings required
under said laws, the commissioner of natural resources or an
authorized agent shall hold a public hearing on any proposal for a
designation or a change therein hereunder at a place designated by
the commissioner in a county containing lands affected thereby, of
which at least two weeks' published notice shall be given in each
county affected, and at least 30 days' notice shall be given by mail
to the county auditor of each such county.
84.46 Commissioner of transportation; aircraft checking stations. Subdivision 1. Establishment of checking
stations. The commissioner of transportation shall as soon as
practicable after the passage of Laws 1949, chapter 630, to designate
as aircraft checking stations at least three airports having suitable
facilities for the landing of aircraft equipped for flying and
landing in wilderness areas. Such checking stations shall be located
so as to cover the commonly used approaches to such wilderness areas
by air from all sides, as far as practicable, and each such station
shall be within 100 miles of the nearest point on the boundary of
such wilderness areas. The designation of such checking stations
shall be made by rules adopted as provided by and subject to the laws
relating to rules of the commissioner of transportation, and may be
modified or rescinded in like manner from time to time as may be
necessary for the purposes of sections 84.43
to 84.52.
The commissioner of natural resources shall appoint attendants for
such checking stations and shall prescribe their powers and duties,
subject to the provisions hereof. Officers or employees of other
state departments or governmental subdivisions of the state may be
appointed as such attendants with the approval of their appointing
authorities. Subd. 2. Report required. The provisions
of this subdivision shall apply to all aircraft and pilots thereof
except as otherwise provided herein. From and after the designation
of not less than three checking stations as hereinbefore provided, no
such aircraft pilot shall fly an aircraft into or over any wilderness
area at a height less than 2,000 feet from the ground, except as may
be necessary for safety, without first landing at a checking station
designated hereunder and making a written report to the attendant, on
a form prescribed by the commissioner of natural resources,
containing the following information: type and federal registration
number of the aircraft; name, address, and license number of the
pilot; names and addresses of the passengers; purpose of flight;
proposed line of flight and destination within the wilderness areas;
proposed period of stay therein, and proposed checking station for
reporting on departure therefrom. The attendant shall deliver to the
pilot a countersigned copy of the report, which the pilot shall
retain in possession at all times while in the wilderness areas on
the trip covered thereby. During the period of such trip as stated
in the report, the aircraft shall not be operated, landed, or kept at
any place within the wilderness areas except as specified in the
report, and shall not remain within such areas after the expiration
of such period. Upon leaving such areas at any time after entering
the same, the pilot, before landing the aircraft at any other place,
shall immediately proceed to and land at the checking station
designated for checking out in the pilot's report, and shall check
out by submitting a copy of the report to the attendant, who shall
endorse the same to show such checking-out and return the same to the
pilot; provided, that if by reason of weather conditions or otherwise
it is impracticable for the pilot to check out at the station
designated in the report, the pilot may check out at any other
checking station established hereunder, submitting a written
statement of reasons therefor. All records made hereunder shall be
kept on file at the checking stations, and shall be subject to
inspection by the commissioner of transportation, the commissioner of
natural resources, or their authorized agents, and by any
conservation officer or other law enforcement officer. Subd. 3.Exemption. The provisions of sections 84.43
to 84.52
shall not apply to the use of aircraft by any officer or agency of
the state or of the United States for any authorized public purpose.Subd. 4. Emergency operation permitted. The provisions
of sections 84.43
to 84.52
shall not prohibit or prevent the operation or landing of any
aircraft within any such area so far as may be necessary to save life
or property or prevent substantial injury thereto in an emergency.

84.47 Permits to private property owners; aircraft for hire. Subdivision 1. Permit issuance;
requirements. In case there shall be any private property
situated within any such area and such private property, at the time
such area is designated, is improved and used for purposes for which
air transportation is essential, written permits shall be issued by
the commissioner of transportation which shall authorize the
operation of aircraft without check in or check out for the
transportation of persons, their lawful possessions and materials to
such extent as is necessary for the continuation of the use of the
property affected existing at the time of the designation of the
area, such permits to be issued upon the following conditions:
(a) The owner, lessee or operator of such private property shall have
a licensed seaplane base on or adjacent to the property. (b)
Such permits shall thereupon be issued to the owner or operator of
any aircraft to fly to, from, and between such bases and such other
points as may be designated in the permit, provided such aircraft
owner or operator has first complied with reasonable standards as to
safety, equipment, and insurance to be established by the
commissioner of transportation as provided by law. (c) If the
private property affected is situated in a wilderness area designated
by the commissioner of natural resources as hereinbefore provided, a
permit shall be issued for such aircraft operation as may be
necessary for the continuation of any lawful use of the property;
whether existing at the time of the designation of such area or
thereafter developed. (d) A permit shall be effective until the
end of the calendar year in which it is issued, and shall be
renewable annually upon the continued existence of the conditions
authorizing its original issue. Every permit shall be subject to
suspension or revocation, as the commissioner of transportation shall
determine, upon conviction of the permittee of any violation of the
provisions of sections 84.43
to 84.52.(e) Every holder of a permit hereunder shall keep daily written
records in duplicate, on forms prescribed by the commissioner of
natural resources, of all aircraft operations under the permit,
containing the following information as to each flight, in addition
to such other information as may be required by law or by rules of
the commissioner of natural resources: type and federal registration
number of the aircraft; name, address, and license number of the
pilot; names and addresses of passengers; purposes of flight, place,
date, and time of beginning and termination of flight, line of flight
and destinations. On or before the fifth of each month the permittee
shall mail one of the duplicates of such records for all flights
during the preceding calendar month to the commissioner of natural
resources, who shall keep the same on file and subject to inspection
in like manner as hereinbefore provided for inspection of copies of
reports at checking stations. Subd. 2. Aircraft for
hire. Any aircraft owner or operator carrying passengers for hire
from a licensed seaplane base outside of the wilderness areas may
obtain a permit in like manner as hereinbefore provided for operating
between such base or other points outside of such areas, to be
designated in the permit, and any points within such areas, subject
to compliance with the requirements for keeping and mailing records
and all other conditions pertaining to permits as hereinbefore
prescribed, so far as applicable.
84.48 Two-way radio system. No aircraft shall fly
into or over any such area except at the altitudes authorized in
section 84.46,
without being equipped with a two-way radio system, provided that
this requirement shall not become effective until prescribed by order
of the commissioner of transportation and provided further that when
it has been so prescribed, the operator of each such aircraft shall
report the operator's presence and location by radio to such station
as may be designated by the commissioner of transportation and at
such times during the operator's stay within the area as the
commissioner of transportation may prescribe. Orders of the
commissioner of transportation under this section shall be prescribed
by rules adopted, modified, or rescinded as may be necessary for the
purposes of sections 84.43
to 84.52
in accordance with the laws relating to the commissioner's rules in
other cases.
84.49 Watercraft, limitation of operation. No
aircraft pilot, owner or operator shall keep or maintain within any
wilderness area designated hereunder, any boat, canoe or other
watercraft at any point within such area except at private property
encumbered with a structure or structures suitable for human
occupancy, or unless in the immediate possession and control of a
person authorized by the owner to so possess and control it. Any
boat, canoe or other watercraft not so maintained, possessed or
controlled shall be deemed contraband and be subject to confiscation
in the name of the state by any state conservation officer or peace
officer and shall be disposed of in the same manner as other property
confiscated by the director of game and fish.
84.50 Violations and penalties. Violation of any
provision of sections 84.43
to 84.52
shall be a misdemeanor, and any court imposing sentence shall be
authorized upon recommendation of the commissioner of transportation
to prohibit the pilot so convicted from operating an aircraft within
the state for a period not exceeding one year.
84.51 Inspection. Every aircraft while landed at a
checking station to report as herein provided shall be subject to
inspection by the commissioner of natural resources or an authorized
agent, or by any conservation officer, any of whom may, without a
warrant, examine and search such aircraft for wild animals illegally
taken or possessed or for other things declared contraband by the
laws relating to wild animals, and may seize and confiscate in the
name of the state any such contraband which may thereupon be found.

84.52 Certain zoning rules applicable. Nothing
herein contained shall authorize interference or conflict with the
operation of any airport or other aeronautics facilities authorized,
constructed, or maintained under any law, nor so as to interfere or
conflict with any zoning rules or any other rules relating to
aeronautics prescribed by or adopted pursuant to any other law.
84.521 Suspension of sections 84.43 to 84.52. The operation of Minnesota Statutes 1949, sections 84.43 to 84.52,
is hereby temporarily suspended, which suspension shall be effective
during such time as Executive Order 10092, issued December 20, 1949,
by the President of the United States remains in effect.
84.523 BWCA; management of minerals and related resources. Subdivision 1. Definition. For the
purposes of this section, the term "Boundary Waters Canoe Area" means
that area of lands and waters included within the boundaries
designated in federal regulation REG U-3, Code of Federal
Regulations, title 36, section 293.16,
as that regulation provided on January 1, 1975. Subd. 2.
Intent. The legislature finds that a combination of state
legislative and administrative actions and court decisions have
established a public policy of primarily wilderness management for
state lands and waters within the Boundary Waters Canoe Area. This
state policy, together with a similar federal policy and
international actions consistent with these state and federal
policies, has created an area of hundreds of thousands of acres of
land and water containing myriad lakes and streams, wooded shores,
virgin forests, and other natural attractions of surpassing scenic
beauty and solitude, free from substantially all commercial
activities and artificial development such as hydroelectric dams and
power lines, resorts, roads, sawmills, and timber harvesting in
no-cut zones. Subd. 3. Mining; prohibition. Except with
the prior approval of the legislature in those cases of national
emergency which have been declared by the Congress and which direct
the need for exploration and mining of federal lands within the
Boundary Waters Canoe Area, and after an investigation and
determination by the commissioner of natural resources pursuant to
subdivision 5 no state-owned or administered land may be leased for
exploration or mining of minerals, and no state permits, licenses or
leases shall be issued to use any other state natural resources for
any mineral exploration or mining operations in the Boundary Waters
Canoe Area. Subd. 4. Peat harvesting; prohibition.
Except with prior approval of the legislature in those cases of
national emergency which have been declared by the Congress and which
direct the need for exploitation of peat deposits on federal land
within the Boundary Waters Canoe Area, and after an investigation and
determination by the commissioner of natural resources pursuant to
subdivision 5 no state-owned or administered land may be leased for
the purpose of harvesting peat, and no state permits, licenses or
leases shall be issued to use any other state natural resources for
the purpose of harvesting peat in the Boundary Waters Canoe Area.Subd. 5. Investigation and determination. In the event
of a national emergency declared by Congress which requires, for the
protection of national interests, exploitation of natural resources
of the type found in the Boundary Waters Canoe Area, the commissioner
of natural resources shall investigate and determine if there are
reasonable alternative methods for providing the needed resources.
If the investigation shows there are reasonable alternatives to
exploitation of natural resources in the area, no permit for
development shall be issued. If the commissioner of natural
resources determines there is a need to provide resources from within
the Boundary Waters Canoe Area, and that there is no reasonable
alternative available to meet the need, a permit may be issued upon
approval by the state legislature. Subd. 6. State-owned
lands. Acquired lands owned by the state within the Boundary
Waters Canoe Area defined in subdivision 1 are designated as state
wilderness areas under section 86A.05,
subdivision 6.
84.524
Subdivision 1. Repealed, 1993 c 337 s 20 Subd. 2. Repealed, 1993
c 337 s 20 Subd. 3. Repealed, 1983 c 260 s 68 Subd. 4.
Repealed, 1983 c 260 s 68
84.525 Maintenance of campsites in the BWCA. All
reservation fees paid to the state attributable to state-owned lands
within the Boundary Waters Canoe Area must be credited to an account
in the special revenue fund and are appropriated to the commissioner
of natural resources for maintenance of state-owned campsites within
the Boundary Waters Canoe Area. The commissioner may enter into
cooperative agreements with the federal government for maintenance of
the campsites.
84.53 Topographic survey. The commissioner of
natural resources is authorized to make or provide for a topographic
survey of the state and maps thereof, including preliminary aerial
surveys incidental thereto, so far as funds may be made available
therefor, and subject to the provisions hereof. For that purpose the
commissioner may cooperate with the United States Geological Survey
or any other federal, state, or local public agency or governmental
subdivision, or with any private agency, under conditions mutually
agreed upon. The commissioner may accept gifts or grants of money or
property for the purposes hereof, and the same are hereby
appropriated therefor. All surveys and maps made hereunder shall
conform with standards prescribed or approved by the United States
Geological Survey or other federal authority.
84.54 Repealed, 1993 c 163 art 1 s 35
84.55 Cooperation of county or municipality. The
county board of any county or the governing body of any municipality
may cooperate with or through the commissioner of natural resources
and may provide facilities or equipment and expend money in
furtherance of the provisions of sections 84.53
to 84.55 in consideration of benefits derived therefrom. Such
expenditures may be made by direct payment for specified projects or
operations or by contributions to the commissioner of natural
resources for disposal in accordance with any agreement made
hereunder.
84.56 Temporary appropriation
84.57 Repealed, 1989 c 326 art 3 s 48
84.58 Repealed, 1989 c 326 art 3 s 48
84.59 Repealed, 1989 c 326 art 3 s 48
84.60 Repealed, 1989 c 326 art 3 s 48
84.61 Repealed, 1989 c 326 art 3 s 48
84.611 Repealed, 1989 c 326 art 3 s 48
84.62 Repealed, 1989 c 326 art 3 s 48
84.621 Repealed, 1989 c 326 art 3 s 48
84.63 Conveyance of interests in lands to state and federal governments. Notwithstanding any existing law to the
contrary, the commissioner of natural resources is hereby authorized
on behalf of the state to convey to the United States or to the state
of Minnesota or any of its subdivisions, upon state-owned lands under
the administration of the commissioner of natural resources,
permanent or temporary easements for specified periods or otherwise
for trails, highways, roads including limitation of right of access
from the lands to adjacent highways and roads, flowage for
development of fish and game resources, stream protection, flood
control, and necessary appurtenances thereto, such conveyances to be
made upon such terms and conditions including provision for reversion
in the event of non-user as the commissioner of natural resources may
determine.
84.631 Road easements across state lands. (a) Except
as provided in section 85.015,
subdivision 1b, the commissioner, on behalf of the state, may convey
a road easement across state land under the commissioner's
jurisdiction other than school trust land, to a private person
requesting an easement for access to property owned by the person
only if the following requirements are met: (1) there are no
reasonable alternatives to obtain access to the property; and (2) the
exercise of the easement will not cause significant adverse
environmental or natural resource management impacts. (b) The
commissioner shall: (1) require the applicant to pay the market
value of the easement; (2) provide that the easement reverts to
the state in the event of nonuse; and (3) impose other terms and
conditions of use as necessary and appropriate under the
circumstances. (c) An applicant shall submit a fee of up to
$2,000 with each application for a road easement across state land.
The commissioner must give the applicant an estimate of the costs of
the road easement before the applicant submits the fee. The
application fee is nonrefundable, even if the application is
withdrawn or denied. (d) Fees collected under paragraph (c) must
be deposited in the land management account in the natural resources
fund.
84.632 Conveyance of unneeded state easements. (a)
Notwithstanding section 92.45,
the commissioner of natural resources may, in the name of the state,
release all or part of an easement acquired by the state upon
application of a landowner whose property is burdened with the
easement if the easement is not needed for state purposes. (b)
All or part of an easement may be released by payment of
consideration of not less than $500, to be determined by the
commissioner. The release must be in a form approved by the attorney
general. (c) Money received for release of the easement must be
credited to the account from which money was expended for purchase of
the easement. If there is no specific account, the money must be
credited to the land acquisition account established in section 94.165.

84.64 Conservation restrictions. Subdivision 1.
Acquisition. A conservation restriction for a definite period or
in perpetuity may be acquired by: (a) The commissioner of natural
resources, in the name of the state, by gift, purchase or exchange,
with funds specifically made available for that purpose; (b) A
nonprofit charitable corporation whose purposes include conservation
of land or water areas; or (c) A home rule charter or statutory
city. Subd. 2. Definition. For the purpose of this
section, a "conservation restriction" means a right, whether or not
stated in the form of a restriction, easement, covenant or condition,
in any deed, will or other instrument executed by or on behalf of the
owner of land or in any order of taking, appropriate to retaining
land or water areas predominately in their natural, scenic, open or
wooded condition, or as suitable habitat for fish and wild life, to
forbid or limit any or all: (a) Construction or placing of
buildings, roads, signs, billboards or other advertising, utilities
or other structures on or above the ground. (b) Dumping or
placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste or unsightly or offensive
materials. (c) Removal or destruction of trees, shrubs or other
vegetation. (d) Excavation, dredging or removal of loam, peat,
gravel, soil, rock or other material substance in such manner as to
affect the surface. (e) Surface use except for purposes
permitting the land or water area to remain predominately in its
natural condition. (f) Activities detrimental to drainage, flood
control, water conservation, erosion control or soil conservation, or
fish and wild life habitat preservation, or (g) Other acts or
uses detrimental to such retention of land or water areas.
84.65 Conservation restrictions; effect of recording; release of restrictions; enforcement. Subdivision 1.Enforceability; notice; recording. No conservation
restriction defined in section 84.64
and acquired pursuant to section 84.64,
subdivision 1, shall be unenforceable on account of lack of privity
of estate or contract or lack of benefit to particular land.
Nonprofit charitable corporations or home rule charter or statutory
cities acquiring such conservation restrictions shall file a notice
of each such acquisition with the Department of Natural Resources
within 90 days. All restrictions shall be duly recorded and indexed
in the office of the county recorder or the registrar of titles for
the county where the land lies so as to affect its title, in the
manner of other conveyances of interests in land, and shall describe
the land subject to the restrictions by adequate legal description or
by reference to a recorded plat showing its boundaries. Subd. 2.Remedy; right to enter. The restriction may be enforced by
injunction and shall entitle representatives of the holder of it to
enter the land in a reasonable manner and at reasonable times to
assure compliance. Subd. 3. Conveyance; release;
reversion. The restriction may be conveyed in the same manner as
any other interest in land. Notwithstanding any other provision to
the contrary, a restriction may be released by the holder of the
restriction or the dominant interest to the holder of the fee title
or the servient interest. In the event a corporation, defined in
section 84.64,
subdivision 1, clause (b), no longer holds a license to do business
in Minnesota, and said corporation has made no provision for the
disposition of a conservation restriction held by it by transfer to
another nonprofit corporation, the conservation restriction shall
revert to and vest in the state of Minnesota and be administered by
the commissioner of natural resources. Subd. 4.
Construction. This section shall not be construed to imply that
any restriction, easement, covenant or condition which does not have
the benefit of this section shall, on account of any provision
hereof, be unenforceable. Nothing in this section or section 84.64
shall diminish the powers granted by law to the commissioner of
natural resources or to any other state agency or political
subdivision to acquire by purchase, gift, eminent domain or otherwise
and to use land for public purposes.
84.771 Off-highway vehicle definition. For the
purposes of sections 84.771 to 84.930,
"off-highway vehicle" means an off-highway motorcycle, as defined
under section 84.787,
subdivision 7; an off-road vehicle, as defined under section 84.797,
subdivision 7; or an all-terrain vehicle, as defined under section 84.92,
subdivision 8.
84.773 Restrictions on operation. Subdivision 1.Restrictions. A person may not intentionally operate an
off-highway vehicle: (1) on a trail on public land that is
designated or signed for nonmotorized use only; (2) on restricted
areas within public lands that are posted or where gates or other
clearly visible structures are placed to prevent unauthorized
motorized vehicle access; (3) except as specifically authorized
by law or rule adopted by the commissioner, in unfrozen public
waters, as defined in section 103G.005;
in a state park; in a scientific and natural area; or in a wildlife
management area; or (4) in a calcareous fen, as identified by the
commissioner. Subd. 2. Wetland disturbance. A person
may not operate an off-highway vehicle in a manner to: (1)
indicate a willful, wanton, or reckless disregard for the safety of
persons or property; (2) carelessly upset the natural and
ecological balance of a wetland or public waters wetland; or (3)
impact a wetland or public waters wetland in excess of the amounts
authorized in section 103G.2241,
subdivision 9, unless: (i) sequencing of the impact is followed
according to section 103G.222,
subdivision 1, paragraph (b), and the impact is repaired under
section 103G.2242,
and rules adopted pursuant to that section; or (ii) the activity
is exempt under section 103G.2241.Subd. 3. Private land access. The commissioner may grant
up to a ten-year permit to exempt a private landowner or leaseholder
from this section when the only reasonable access to a permit
applicant's land is across state land.
84.775 Off-highway vehicle civil citations.
Subdivision 1. Civil citation; authority to issue. (a) A
conservation officer or other licensed peace officer may issue a
civil citation to a person who operates: (1) an off-highway
motorcycle in violation of sections 84.773,
subdivision 1 or 2, clause (1); 84.777;
84.788
to 84.795;
or 84.90;(2) an off-road vehicle in violation of sections 84.773,
subdivision 1 or 2, clause (1); 84.777;
84.798
to 84.804;
or 84.90;
or (3) an all-terrain vehicle in violation of sections 84.773,
subdivision 1 or 2, clause (1); 84.777;
84.90;
or 84.922
to 84.928.(b) A civil citation under paragraph (a) shall require
restitution for public and private property damage and impose a
penalty of: (1) $100 for the first offense; (2) $200 for the
second offense; and (3) $500 for third and subsequent offenses.(c) A conservation officer or other licensed peace officer may
issue a civil citation to a person who operates an off-highway
motorcycle, off-road vehicle, or all-terrain vehicle in violation of
section 84.773,
subdivision 2, clause (2) or (3). A civil citation under this
paragraph shall require restitution for damage to wetlands and impose
a penalty of: (1) $100 for the first offense; (2) $500 for
the second offense; and (3) $1,000 for third and subsequent
offenses. (d) If the peace officer determines that there is
damage to property requiring restitution, the commissioner must send
a written explanation of the extent of the damage and the cost of the
repair by first class mail to the address provided by the person
receiving the citation within 15 days of the date of the citation.(e) An off-road vehicle or all-terrain vehicle that is equipped
with a snorkel device and receives a civil citation under this
section is subject to twice the penalty amounts in paragraphs (b) and
(c). Subd. 2. Appeals. Civil citations issued under
subdivision 1 may be appealed according to section 116.072,
if the recipient of the citation requests a hearing by notifying the
commissioner in writing within 30 days after receipt of the citation
or, if applicable, within 15 days after the date of mailing the
explanation of restitution. For the purposes of this section, the
terms "commissioner" and "agency" as used in section 116.072
mean the commissioner of natural resources. If a hearing is not
requested within the 30-day period, the citation becomes a final
order not subject to further review. Subd. 3.
Enforcement. Civil citations issued under subdivision 1 may be
enforced under section 116.072,
subdivision 9. Penalty amounts must be remitted within 30 days of
issuance of the citation. Subd. 4. Allocation of penalty
amounts. Penalty amounts collected from civil citations issued
under this section must be paid to the treasury of the unit of
government employing the officer that issued the civil citation.
Penalties retained by the commissioner shall be credited as follows:
to the off-highway motorcycle account under section 84.794
for citations involving off-highway motorcycles; to the off-road
vehicle account under section 84.803
for citations involving off-road vehicles; or to the all-terrain
vehicle account under section 84.927
for citations involving all-terrain vehicles. Penalty amounts
credited under this subdivision are dedicated for the enforcement of
off-highway vehicle laws. Subd. 5. Selection of remedy.
A peace officer may not seek both civil and misdemeanor penalties for
offenses listed in subdivision 1.
84.777 Off-highway vehicle use of state lands restricted.(a) Except as otherwise allowed by law or rules adopted by the
commissioner, effective June 1, 2003, notwithstanding sections 84.787
to 84.805
and 84.92
to 84.929,
the use of off-highway vehicles is prohibited on state land
administered by the commissioner of natural resources, and on
county-administered forest land within the boundaries of a state
forest, except on roads and trails specifically designated and posted
by the commissioner for use by off-highway vehicles. (b)
Paragraph (a) does not apply to county-administered land within a
state forest if the county board adopts a resolution that modifies
restrictions on the use of off-highway vehicles on
county-administered land within the forest.
84.780 Off-highway vehicle damage account. (a) The
off-highway vehicle damage account is created in the natural
resources fund. Money in the off-highway vehicle damage account is
appropriated to the commissioner of natural resources for the repair
or restoration of property damaged by the operation of off-highway
vehicles in an unpermitted area after August 1, 2003, and for the
costs of administration for this section. Before the commissioner
may make a payment from this account, the commissioner must determine
whether the damage to the property was caused by the unpermitted use
of off-highway vehicles, that the applicant has made reasonable
efforts to identify the responsible individual and obtain payment
from the individual, and that the applicant has made reasonable
efforts to prevent reoccurrence. By June 30, 2008, the commissioner
of finance must transfer the remaining balance in the account to the
off-highway motorcycle account under section 84.794,
the off-road vehicle account under section 84.803,
and the all-terrain vehicle account under section 84.927.
The amount transferred to each account must be proportionate to the
amounts received in the damage account from the relevant off-highway
vehicle accounts. (b) Determinations of the commissioner under
this section may be made by written order and are exempt from the
rulemaking provisions of chapter 14. Section 14.386
does not apply. (c) This section expires July 1, 2008.
84.781 Use of department resources. The commissioner
of natural resources may permit Department of Natural Resources
personnel and equipment from the Division of Trails and Waterways to
be used to assist local units of government in developing and
maintaining off-highway vehicle grant-in-aid trails located on
property owned by or under the control of the local unit of
government.
84.787 Definitions. Subdivision 1. Scope.
The definitions in this section apply to sections 84.787 to 84.796.Subd. 2. Accompanied. "Accompanied" means subject to
continuous direction or control. Subd. 3. City. "City"
means a statutory or home rule charter city. Subd. 4.
Commissioner. "Commissioner" means the commissioner of natural
resources. Subd. 5. Dealer. "Dealer" means a person
engaged in the business of selling off-highway motorcycles at
wholesale or retail. Subd. 6. Manufacturer.
"Manufacturer" means a person engaged in the business of
manufacturing off-highway motorcycles. Subd. 7. Off-highway
motorcycle. "Off-highway motorcycle" means a motorized,
off-highway vehicle traveling on two wheels and having a seat or
saddle designed to be straddled by the operator and handlebars for
steering control, including a vehicle that is registered under
chapter 168 for highway use if it is also used for off-highway
operation on trails or unimproved terrain. Subd. 8.
Owner. "Owner" means a person, other than a person with a
security interest, that has a property interest in or title to an
off-highway motorcycle and is entitled to the use and possession of
the motorcycle. Subd. 9. Person. "Person" has the
meaning given it in section 336.1-201(b)(27).Subd. 10. Public road right-of-way. "Public road
right-of-way" means the entire right-of-way of a town road or a
county, county state-aid, or trunk highway, including the traveled
portions, banks, ditches, shoulders, and medians. Subd. 11.
Register. "Register" means the act of assigning a registration
number to an off-highway motorcycle.
84.788 Registration. Subdivision 1. General
requirements. Unless exempted in subdivision 2, after January 1,
1994, a person may not operate and an owner may not give permission
for another to operate an off-highway motorcycle on public lands or
waters unless the vehicle has been registered under this section.Subd. 2. Exemptions. Registration is not required for
off-highway motorcycles: (1) owned and used by the United States,
the state, another state, or a political subdivision; (2)
registered in another state or country that have not been within this
state for more than 30 consecutive days; or (3) registered under
chapter 168, when operated on forest roads to gain access to a state
forest campground. Subd. 3. Application; issuance;
reports. (a) Application for registration or continued
registration must be made to the commissioner or an authorized deputy
registrar of motor vehicles in a form prescribed by the commissioner.
The form must state the name and address of every owner of the
off-highway motorcycle. (b) A person who purchases from a retail
dealer an off-highway motorcycle shall make application for
registration to the dealer at the point of sale. The dealer shall
issue a dealer temporary ten-day registration permit to each
purchaser who applies to the dealer for registration. The dealer
shall submit the completed registration applications and fees to the
deputy registrar at least once each week. No fee may be charged by a
dealer to a purchaser for providing the temporary permit. (c)
Upon receipt of the application and the appropriate fee, the
commissioner or deputy registrar shall issue to the applicant, or
provide to the dealer, an assigned registration number or a
commissioner or deputy registrar temporary ten-day permit. Once
issued, the registration number must be affixed to the motorcycle
according to paragraph (f). A dealer subject to paragraph (b) shall
provide the registration materials or temporary permit to the
purchaser within the ten-day temporary permit period. (d) The
commissioner shall develop a registration system to register vehicles
under this section. A deputy registrar of motor vehicles acting
under section 168.33,
is also a deputy registrar of off-highway motorcycles. The
commissioner of natural resources in agreement with the commissioner
of public safety may prescribe the accounting and procedural
requirements necessary to ensure efficient handling of registrations
and registration fees. Deputy registrars shall strictly comply with
the accounting and procedural requirements. (e) In addition to
other fees prescribed by law, a filing fee of $4.50 is charged for
each off-highway motorcycle registration renewal, duplicate or
replacement registration card, and replacement decal and a filing fee
of $7 is charged for each off-highway motorcycle registration and
registration transfer issued by: (1) a deputy registrar and must
be deposited in the treasury of the jurisdiction where the deputy is
appointed, or kept if the deputy is not a public official; or (2)
the commissioner and must be deposited in the state treasury and
credited to the off-highway motorcycle account. (f) Unless
exempted in paragraph (g), the owner of an off-highway motorcycle
must display a registration decal issued by the commissioner. If the
motorcycle is licensed as a motor vehicle, a registration decal must
be affixed on the upper left corner of the rear license plate. If
the motorcycle is not licensed as a motor vehicle, the decal must be
attached on the side of the motorcycle and may be attached to the
fork tube. The decal must be attached in a manner so that it is
visible while a rider is on the motorcycle. The issued decals must
be of a size to work within the constraints of the electronic
licensing system, not to exceed three inches high and three inches
wide. (g) Display of a registration decal is not required for an
off-highway motorcycle: (1) while being operated on private
property; or (2) while competing in a closed-course competition
event. Subd. 4. Registration card; signature; replacement
fee. The commissioner shall provide to the registrant a
registration card that includes the registration number, the date of
registration, the make and serial number of the off-highway
motorcycle, the owner's name and address, and additional information
the commissioner may require. The registration is not valid unless
signed by at least one owner. Information concerning registrations
must be kept by the commissioner. Upon a satisfactory showing that
the registration card has been lost or destroyed, the commissioner
shall issue a replacement registration card upon payment of a fee of
$4. The fees collected from replacement registration cards must be
credited to the off-highway motorcycle account. Subd. 5.
Report of transfers; fee. A person who sells or transfers
ownership of an off-highway motorcycle registered under this section
shall report the sale or transfer to the commissioner within 15 days
of the date of transfer. An application for transfer must be
executed by the registered owner and the buyer on a form prescribed
by the commissioner with the owner's registration certificate, a bill
of sale, and a $4 fee. Subd. 6. Registration fees. (a)
The fee for registration of an off-highway motorcycle under this
section, other than those registered by a dealer or manufacturer
under paragraph (b) or (c), is $30 for three years and $4 for a
duplicate or transfer. (b) The total registration fee for
off-highway motorcycles owned by a dealer and operated for
demonstration or testing purposes is $50 per year. Dealer
registrations are not transferable. (c) The total registration
fee for off-highway motorcycles owned by a manufacturer and operated
for research, testing, experimentation, or demonstration purposes is
$150 per year. Manufacturer registrations are not transferable.
(d) The fees collected under this subdivision must be deposited in
the state treasury and credited to the off-highway motorcycle
account. Subd. 7. Renewal. An owner of an off-highway
motorcycle must renew registration in a manner prescribed by the
commissioner upon payment of the appropriate registration fee in
subdivision 6. Subd. 8. Vehicles owned by state or
political subdivision. A registration number must be issued
without the payment of a fee for off-highway motorcycles owned by the
state or political subdivision upon application. Subd. 9.
Licensing by political subdivisions. A political subdivision of
this state may not require licensing or registration of off-highway
motorcycles covered by sections 84.787
to 84.796.Subd. 10. Registration by minors prohibited. A person
under the age of 18 may not register an off-highway motorcycle.
Subd. 11. Refunds. The commissioner may issue a refund on a
registration, not including any issuing fees paid under subdivision
3, paragraph (e), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is
received within 12 months of the original registration and: (1)
the off-highway motorcycle was registered incorrectly by the
commissioner or the deputy registrar; or (2) the off-highway
motorcycle was registered twice, once by the dealer and once by the
customer.
84.789 Requirements of makers of off-highway motorcycles; sound emissions. Subdivision 1.
Identification number. An off-highway motorcycle made after
January 1, 1994, and sold in the state, must have a manufacturer's
permanent identification number stamped in letters and numbers on the
vehicle in the form and at a location prescribed by the commissioner.Subd. 2. Registration number. An off-highway motorcycle
made after January 1, 1995, and sold in the state, must be designed
and made to provide an area to affix the registration number. This
area must be at a location and of dimensions prescribed by the
commissioner. Subd. 3. Sound emissions. (a) On and
after July 1, 2006, off-highway motorcycles, when operating on public
lands, shall at all times be equipped with a silencer or other device
that limits sound emissions according to this subdivision. (b)
Sound emissions of competition off-highway motorcycles manufactured
on or after January 1, 1998, are limited to not more than 96 dbA and,
if manufactured prior to January 1, 1998, to not more than 99 dbA,
when measured from a distance of 20 inches using test procedures
established by the Society of Automotive Engineers under Standard
J-1287, as applicable. (c) Sound emissions of all other
off-highway motorcycles are limited to not more than 96 dbA if
manufactured on or after January 1, 1986, and not more than 99 dbA if
manufactured prior to January 1, 1986, when measured from a distance
of 20 inches using test procedures established by the Society of
Automotive Engineers under Standard J-1287, as applicable. (d)
Off-highway motorcycles operating in closed course competition events
are excluded from the requirements of this subdivision.
84.79 Rulemaking; accident report. (a) With a view
of achieving proper use of off-highway motorcycles consistent with
protection of the environment, the commissioner, in consultation with
the commissioners of public safety and transportation, shall adopt
rules under chapter 14 relating to: (1) registration of
off-highway motorcycles and display of registration numbers; (2)
use of off-highway motorcycles insofar as game and fish resources are
affected; (3) use of off-highway motorcycles on public lands and
waters under the jurisdiction of the commissioner; (4) uniform
signs to be used by the state, counties, and cities necessary or
desirable to control, direct, or regulate the operation and use of
off-highway motorcycles; and (5) off-highway motorcycle sound
levels. (b) The commissioner of public safety, in consultation
with the commissioners of natural resources and transportation, may
adopt rules under chapter 14 regulating the use of off-highway
motorcycles on public roads. (c) The operator and an officer
investigating an accident of an off-highway motorcycle resulting in
injury requiring medical attention or hospitalization to or death of
a person or total damage to an extent of $500 or more shall forward
within ten days a written report of the accident to the commissioner
on a form prescribed by the commissioner.
84.791 Education and training. Subdivision 1.
Program established; when required. (a) The commissioner shall
establish a comprehensive off-highway motorcycle environment and
safety education and training program, including the preparation and
dissemination of vehicle information and safety advice to the public,
the training of off-highway motorcycle operators, and the issuance of
off-highway motorcycle safety certificates to operators under the age
of 16 years who successfully complete the off-highway motorcycle
environment and safety education and training courses. (b) An
individual who is convicted of violating a law related to the
operation of an off-highway motorcycle must successfully complete the
environment and safety education and training program established
under paragraph (a) before continuing operation of an off-highway
motorcycle. Subd. 2. Fees. For the purposes of
administering the program and to defray a portion of the expenses of
training and certifying vehicle operators, the commissioner shall
collect a fee not to exceed $5 from each person who receives the
training. The commissioner shall collect a fee for issuing a
duplicate off-highway motorcycle safety certificate. The
commissioner shall establish the fee for a duplicate off-highway
motorcycle safety certificate, to include a $1 issuing fee for
licensing agents, that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in providing
the service. The fees, except for the issuing fee for licensing
agents under this subdivision, shall be deposited in the state
treasury and credited to the off-highway motorcycle account in the
natural resources fund. Subd. 3. Cooperation and
consultation. The commissioner shall cooperate with private
organizations and associations, private and public corporations, and
local governmental units in furtherance of the program established
under this section. The commissioner shall consult with the
commissioner of public safety in regard to training program subject
matter and performance testing that leads to the certification of
off-road motorcycle operators. Subd. 4. Off-highway
motorcycle safety courses; reciprocity with other states. The
commissioner may enter into reciprocity agreements or otherwise
certify off-highway motorcycle environment and safety education and
training courses from other states that are substantially similar to
in-state courses. Proof of completion of a course subject to a
reciprocity agreement or certified as substantially similar is
adequate to meet the safety certificate requirements of sections 84.787
to 84.796.Subd. 5. Exemption from rulemaking and legislative
approval. The fees provided for under subdivision 2 are not
subject to the rulemaking provisions of chapter 14 and section 14.386
does not apply. The commissioner may establish the fees under
subdivision 2 notwithstanding section 16A.1283.

84.792 Repealed, 2001 c 185 s 34
84.793 Youthful operators; prohibitions. Subdivision
1. Prohibitions on youthful operators. (a) After January 1,
1995, a person less than 16 years of age operating an off-highway
motorcycle on public lands or waters must possess a valid off-highway
motorcycle safety certificate issued by the commissioner. (b)
Except for operation on public road rights-of-way that is permitted
under section 84.795,
subdivision 1, a driver's license issued by the state or another
state is required to operate an off-highway motorcycle along or on a
public road right-of-way. (c) A person under 12 years of age may
not: (1) make a direct crossing of a public road right-of-way;(2) operate an off-highway motorcycle on a public road
right-of-way in the state; or (3) operate an off-highway
motorcycle on public lands or waters unless accompanied on another
off-highway motorcycle by a person 18 years of age or older. (d)
Except for public road rights-of-way of interstate highways, a person
less than 16 years of age may make a direct crossing of a public road
right-of-way of a trunk, county state-aid, or county highway only if
that person is accompanied on another off-highway motorcycle by a
person 18 years of age or older who holds a valid driver's license.(e) A person less than 16 years of age may operate an off-highway
motorcycle on public road rights-of-way in accordance with section 84.795,
subdivision 1, paragraph (a), only if that person is accompanied on
another off-highway motorcycle by a person 18 years of age or older
who holds a valid driver's license. Subd. 2. Helmet
required. A person less than 18 years of age may not operate an
off-highway motorcycle on public land, public waters, or on a public
road right-of-way unless wearing a safety helmet approved by the
commissioner of public safety. Subd. 3. Prohibitions on
owner. An owner of an off-highway motorcycle may not knowingly
allow it to be operated contrary to this section. Subd. 4.
Eye protection required. A person may not operate an off-highway
motorcycle without an eye-protective device.
84.794 Off-highway motorcycle account; receipts and allocations. Subdivision 1. Registration revenue.
Fees from the registration of off-highway motorcycles and the
unrefunded gasoline tax attributable to off-highway motorcycle use
under section 296A.18
must be deposited in the state treasury and credited to the
off-highway motorcycle account in the natural resources fund.
Subd. 2. Purposes. (a) Subject to appropriation by the
legislature, money in the off-highway motorcycle account may only be
spent for: (1) administration, enforcement, and implementation of
sections 84.787
to 84.796;(2) acquisition, maintenance, and development of off-highway
motorcycle trails and use areas; and (3) grants-in-aid to
counties and municipalities to construct and maintain off-highway
motorcycle trails and use areas. (b) The distribution of funds
made available for grants-in-aid must be guided by the statewide
comprehensive outdoor recreation plan.
84.795 Operation requirements; local regulation.
Subdivision 1. Operation on public road rights-of-way. (a)
A person may not operate an off-highway motorcycle within the
right-of-way of a town road or a trunk, county state-aid, or county
highway in this state unless the right-of-way encompasses: (1) a
trail administered by the commissioner and designated for off-highway
motorcycle use or multiple use; or (2) a corridor access trail
designated under paragraph (b). (b) A road authority, as defined
in section 160.02,
subdivision 25, may designate, with the approval of the commissioner,
corridor access trails on public road rights-of-way for gaining
access to established off-highway motorcycle trails. (c) A
person may not operate an off-highway motorcycle upon a trunk, county
state-aid, or county highway in this state unless the vehicle is
equipped with at least one headlight and one taillight, each of
minimum candlepower as prescribed by rule of the commissioner, and
with brakes conforming to standards prescribed by rule of the
commissioner, all of which are subject to the approval of the
commissioner of public safety. (d) A person may not operate an
off-highway motorcycle at any time within the right-of-way of an
interstate highway or freeway within this state. Subd. 2.
Crossing public road right-of-way. (a) A person operating an
off-highway motorcycle may make a direct crossing of a public road
right-of-way provided: (1) the crossing is made at an angle of
approximately 90 degrees to the direction of the road and at a place
where no obstruction prevents a quick and safe crossing; (2) the
off-highway motorcycle is brought to a complete stop before crossing
the shoulder or main traveled way of the road; (3) the driver
yields the right-of-way to all oncoming traffic that constitutes an
immediate hazard; (4) in crossing a divided road, the crossing is
made only at an intersection of the road with another public road;
and (5) if the crossing is made between the hours of one-half
hour after sunset to one-half hour before sunrise or in conditions of
reduced visibility, only if both front and rear lights are on.
(b) Chapters 169 and 169A apply to the operation of off-highway
motorcycles upon streets and highways, except for those provisions
relating to required equipment and those provisions that by their
nature have no application. Subd. 3. Exemptions.
Subdivisions 1 and 2 do not apply to vehicles registered for public
road use under chapter 168 when being operated on a traveled portion
of a public road. Subd. 4. Operation generally. A
person may not drive or operate an off-highway motorcycle: (1) at
a rate of speed greater than reasonable or proper under the
surrounding circumstances; (2) in a careless, reckless, or
negligent manner so as to endanger or to cause injury or damage to
the person or property of another; (3) in a tree nursery or
planting in a manner that damages or destroys growing stock; (4)
without a brake operational by either hand or foot; (5) at a
speed exceeding ten miles per hour on the frozen surface of public
waters within 100 feet of a person fishing or a fishing shelter; or(6) in a manner that violates operation rules adopted by the
commissioner. Subd. 5. Operating under influence of alcohol
or controlled substance. A person may not operate or be in
control of an off-highway motorcycle anywhere in this state or on the
ice of any boundary water of this state while under the influence of
alcohol or a controlled substance, as provided in section 169A.20,
and is subject to sections 169A.50
to 169A.53.
A conservation officer of the Department of Natural Resources is a
peace officer for the purposes of sections 169A.20
and 169A.50
to 169A.53
as applied to the operation of an off-highway motorcycle in a manner
not subject to registration under chapter 168. Subd. 6.
Operation prohibited on airports. A person may not drive or
operate an off-highway motorcycle on an airport defined in section 360.013,
subdivision 39. Subd. 7. Organized contests. Nothing in
this section or chapter 169 prohibits the use of off-highway
motorcycles within the right-of-way of a state trunk or county
state-aid highway or upon public lands or waters under the
jurisdiction of the commissioner of natural resources, in an
organized contest or event, subject to the consent of the official or
board having jurisdiction over the highway or public lands or waters.In permitting the contest or event, the official or board having
jurisdiction may prescribe restrictions, conditions, or permit
revocation procedures, as the official or board considers advisable.Subd. 8. Regulations by political subdivisions. A
county, city, or town, acting through its governing body, may
regulate the operation of off-highway motorcycles on public lands,
waters, and property under its jurisdiction other than public road
rights-of-way within its boundaries, by resolution or ordinance of
the governing body and by giving appropriate notice, provided that:(1) the regulations must be consistent with sections 84.787
to 84.796
and rules adopted under section 84.79;(2) an ordinance may not impose a fee for the use of public land
or water under the jurisdiction of either the Department of Natural
Resources or another agency of the state, or for the use of an access
to it owned by the state, a county, or a city; and (3) an
ordinance may not require an off-highway motorcycle operator to
possess a motor vehicle driver's license while operating an
off-highway motorcycle.
84.796 Penalties. (a) A person who violates a
provision of section 84.788,
84.789,
84.793,
or 84.795
is guilty of a misdemeanor. (b) A person who violates a
provision of a rule adopted under section 84.79
is guilty of a petty misdemeanor.
84.797 Definitions. Subdivision 1. Scope.
The definitions in this section apply to sections 84.797 to 84.805.Subd. 2. City. "City" means a statutory or home rule
charter city. Subd. 3. Commissioner. "Commissioner"
means the commissioner of natural resources. Subd. 4.
Dealer. "Dealer" means a person engaged in the business of
selling off-road vehicles at wholesale or retail. Subd. 5.
Manufacturer. "Manufacturer" means a person engaged in the
business of manufacturing off-road vehicles. Subd. 6.
Off-road. "Off-road" means on trails or nonpublic roads or for
cross-country travel on natural terrain. For purposes of sections
84.797 to 84.805,
nonpublic roads include state forest roads, county forest roads, and
other roads and trails that are not operated by a public road
authority as defined in section 160.02,
subdivision 25. Subd. 7. Off-road vehicle. "Off-road
vehicle" or "vehicle" means a motor-driven recreational vehicle
capable of cross-country travel on natural terrain without benefit of
a road or trail. Off-road vehicle does not include a snowmobile; an
all-terrain vehicle; a motorcycle; a watercraft; a farm vehicle being
used for farming; a vehicle used for military, fire, emergency, or
law enforcement purposes; a construction or logging vehicle used in
the performance of its common function; a motor vehicle owned by or
operated under contract with a utility, whether publicly or privately
owned, when used for work on utilities; a commercial vehicle being
used for its intended purpose; snow-grooming equipment when used for
its intended purpose; or an aircraft. Subd. 8. Off-road
vehicle use area. "Off-road vehicle use area" means an area that
is posted or designated for off-road vehicle use in accordance with
rules adopted by the managing authority. Subd. 9.
Owner. "Owner" means a person, other than a person with a
security interest, that has a property interest in or title to an
off-road vehicle and is entitled to the use and possession of the
vehicle. Subd. 10. Person. "Person" has the meaning
given in section 336.1-201(b)(27).Subd. 11. Public road right-of-way. "Public road
right-of-way" means the entire right-of-way of a roadway that is not
privately owned, including the traveled portions, banks, ditches,
shoulders, and medians. Subd. 12. Off-road vehicle staging
area. "Off-road vehicle staging area" means a parking lot, trail
head, campground, or other location to or from which an off-road
vehicle is transported by truck, trailer, or other motor vehicle so
that it may be placed into operation or removed from operation on
public lands. Off-road vehicle staging area does not include a
location to which an off-road vehicle is transported primarily for
servicing, maintenance, repair, storage, or sale.
84.798 Registration. Subdivision 1. General
requirements. (a) Unless exempted under paragraph (b) or
subdivision 2, after January 1, 1995, a person may not operate and an
owner may not give permission for another to operate an off-road
vehicle on off-road vehicle-designated trails or areas on land
administered by the commissioner, or on off-road vehicle grant-in-aid
trails and areas funded under section 84.803,
unless the vehicle has been registered under this section. (b)
Annually on the third Saturday of May, nonregistered off-road
vehicles may be operated at the Iron Range Off-Highway Vehicle
Recreation Area. Subd. 2. Exemptions. Registration is
not required for an off-road vehicle that is: (1) owned and used
by the United States, the state, another state, or a political
subdivision; or (2) registered in another state or country and
has not been in this state for more than 30 consecutive days.
Subd. 3. Application; issuance. (a) Application for
registration or continued registration must be made to the
commissioner, or an authorized deputy registrar of motor vehicles in
a form prescribed by the commissioner. The form must state the name
and address of every owner of the off-road vehicle. Upon receipt of
the application and the appropriate fee, the commissioner shall
register the off-road vehicle and assign a registration number that
must be affixed to the vehicle in accordance with subdivision 4.
(b) A deputy registrar of motor vehicles acting under section 168.33
is also a deputy registrar of off-road vehicles. The commissioner of
natural resources in cooperation with the commissioner of public
safety may prescribe the accounting and procedural requirements
necessary to ensure efficient handling of registrations and
registration fees. Deputy registrars shall strictly comply with the
accounting and procedural requirements. In addition to other fees
prescribed by law, a filing fee of $4.50 is charged for each off-road
vehicle registration renewal, duplicate or replacement registration
card, and replacement decal and a filing fee of $7 is charged for
each off-road vehicle registration and registration transfer issued
by: (1) a deputy registrar and must be deposited in the treasury
of the jurisdiction where the deputy is appointed, or retained if the
deputy is not a public official; or (2) the commissioner and must
be deposited in the state treasury and credited to the off-road
vehicle account. Subd. 4. Registration sticker. An
off-road vehicle must display a registration sticker issued by the
commissioner. If the vehicle is licensed as a motor vehicle, the
registration sticker must be affixed on the upper left corner of the
rear license plate. If the vehicle is not licensed as a motor
vehicle, the owner shall provide a plate not less than four inches
high and 7-1/2 inches wide. The plate must be attached to the rear
of the vehicle at least 12 inches from the ground. The registration
sticker must be affixed on the upper left corner of the plate.
Plates and registration stickers must be maintained in a clean and
legible condition. Subd. 5. Registration card; signature;
replacement fee. The commissioner shall provide to the
registrant a registration card that includes the registration number,
date of expiration, make and serial number of the off-road vehicle,
owner's name and address, and additional information the commissioner
may require. The registration is not valid unless signed by at least
one owner. Information concerning each registration must be kept by
the commissioner. If a registration card is lost or destroyed, the
commissioner shall issue a replacement registration card on payment
of a fee of $4. The fees collected from replacement registration
cards must be credited to the off-road vehicle account in the natural
resources fund. Subd. 6. Registration fees. (a) The fee
for registration of an off-road vehicle under this section, other
than those registered by a dealer or manufacturer under paragraph (b)
or (c), is $30 for three years and $4 for a duplicate or transfer.(b) The total registration fee for off-road vehicles owned by a
dealer and operated off-road for demonstration or testing purposes is
$50 per year. Dealer registrations are not transferable. (c)
The total registration fee for off-road vehicles owned by a
manufacturer and operated off-road for research, testing,
experimentation, or demonstration purposes is $150 per year.
Manufacturer registrations are not transferable. (d) The fees
collected under this subdivision must be credited to the off-road
vehicle account in the natural resources fund. Subd. 7.
Renewal. An owner of an off-road vehicle must renew registration
in a manner prescribed by the commissioner upon payment of the
appropriate registration fee under subdivision 5. Subd. 8.
Licensing by political subdivisions. A political subdivision may
not require licensing or registration of off-road vehicles regulated
under sections 84.797
to 84.805.Subd. 9. Registration by minors prohibited. A person
under the age of 18 may not register an off-road vehicle. Subd.
10. Refunds. The commissioner may issue a refund on a
registration, not including any issuing fees paid under subdivision
3, paragraph (b), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is
received within 12 months of the original registration and the
vehicle was registered incorrectly by the commissioner or the deputy
registrar.
84.799 Vehicle identification number. An off-road
vehicle manufactured after January 1, 1995, and sold in the state
must have a manufacturer's permanent identification number stamped in
letters and numbers on the vehicle.
84.80 Rulemaking; accident report. Subdivision 1.Rules. The commissioner shall adopt rules under chapter 14
relating to: (1) the use of off-road vehicles, in a manner
consistent with protection of the environment, on public lands and
waters under the jurisdiction of the commissioner of natural
resources, including measures to minimize adverse impacts on soils,
waters, vegetation, and wildlife; (2) off-road vehicle equipment
and safety standards, in consultation with the commissioner of public
safety; (3) uniform signs to be used by the state, counties, and
cities to control, direct, or regulate the operation and use of
off-road vehicles; and (4) maximum off-road vehicle sound levels.Subd. 2. Accident report; requirement and form. The
operator and an officer investigating an accident involving an
off-road vehicle and resulting in injury requiring medical attention
or hospitalization, death, or total damage of $300 or more shall
forward within ten days a written report of the accident to the
commissioner of natural resources on a form prescribed by either the
commissioner or the commissioner of public safety.
84.801 Repealed, 2001 c 185 s 34
84.8015 Education and training. Subdivision 1.
Program established when required. (a) The commissioner shall
establish a comprehensive off-road vehicle environment and safety
education and training program, including the preparation and
dissemination of vehicle information and safety advice to the public,
the training of off-road vehicle operators, and the issuance of
off-road vehicle safety certificates to operators 16 to 18 years of
age who successfully complete the off-road vehicle environment and
safety education and training courses. (b) Beginning July 1,
2006, an individual who is convicted of violating a law related to
the operation of an off-road vehicle must successfully complete the
environment and safety education and training program established
under paragraph (a) before continuing operation of an off-road
vehicle. Subd. 2. Fees. For the purposes of
administering the program and to defray a portion of the expenses of
training and certifying vehicle operators, the commissioner shall
collect a fee not to exceed $15 from each person who receives the
training. The commissioner shall collect a fee for issuing a
duplicate off-road vehicle safety certificate. The commissioner
shall establish the fee for a duplicate off-road vehicle safety
certificate that neither significantly overrecovers nor underrecovers
costs, including overhead costs, involved in providing the service.
The fees must be deposited in the state treasury and credited to the
off-road vehicle account. Subd. 3. Cooperation and
consultation. The commissioner shall cooperate with private
organizations and associations, private and public corporations, and
local governmental units in furtherance of the program established
under this section. The commissioner shall consult with the
commissioner of public safety in regard to training program subject
matter and performance testing that leads to the certification of
off-road vehicle operators. Subd. 4. Reciprocity with other
states. The commissioner may enter into reciprocity agreements or
otherwise certify off-road vehicle environment and safety education
and training courses from other states that are substantially similar
to in-state courses. Proof of completion of a course subject to a
reciprocity agreement or certified as substantially similar is
adequate to meet the safety certificate requirements of this section.

84.802 Youthful operators; prohibitions. (a) A
person under 16 years of age may not operate an off-road vehicle.(b) Except for operation on public road rights-of-way that is
permitted under section 84.804,
a driver's license issued by the state or another state is required
to operate an off-road vehicle along or on a public road
right-of-way. (c) An owner of an off-road vehicle may not
knowingly allow it to be operated in violation of this section.
84.803 Off-road vehicle account; receipts and allocations. Subdivision 1. Registration revenue.
Fees from the registration of off-road vehicles and unrefunded
gasoline tax attributable to off-road vehicle use under section 296A.18
must be deposited in the state treasury and credited to the off-road
vehicle account in the natural resources fund. Subd. 2.
Purposes. Subject to appropriation by the legislature, money in
the off-road vehicle account may only be spent for: (1)
administration, enforcement, and implementation of sections 84.773
to 84.805;(2) acquisition, maintenance, and development of off-road vehicle
trails and use areas; (3) grant-in-aid programs to counties and
municipalities to construct and maintain off-road vehicle trails and
use areas; (4) grants-in-aid to local safety programs; and
(5) enforcement and public education grants to local law enforcement
agencies.
84.804 Operation requirements; local regulation.
Subdivision 1. Operation on public road rights-of-way. (a)
A person may not operate a vehicle off-road within a public road
right-of-way in this state except on a trail designated by the
commissioner and approved by the unit of government having
jurisdiction over the right-of-way. (b) A person may not operate
a vehicle off-road within a public road right-of-way between the
hours of one-half hour after sunset to one-half hour before sunrise,
except on the right-hand side of the right-of-way and in the same
direction as traffic on the nearest lane of the road. (c) A
person may not operate an off-road vehicle within the right-of-way of
an interstate highway. Subd. 2. Crossing public road
rights-of-way. (a) An off-road vehicle not registered under
chapter 168 may make a direct crossing of a public road right-of-way
for the purpose of continuing on a designated off-road trail if:
(1) the crossing is made at an angle of approximately 90 degrees to
the direction of the road and at a place where no obstruction
prevents a quick and safe crossing; (2) the vehicle is brought to
a complete stop before crossing the shoulder or main traveled way of
the road; (3) the driver yields the right-of-way to all traffic;(4) in crossing a divided road, the crossing is made only at an
intersection of the road with another public road; and (5) if the
crossing is made between the hours of one-half hour after sunset to
one-half hour before sunrise or in conditions of reduced visibility,
only if both front and rear lights are on. (b) An off-road
vehicle not registered under chapter 168 may be operated on a bridge,
other than a bridge that is part of the main traveled lanes of an
interstate highway, or a roadway shoulder or inside bank of a public
road right-of-way when required to avoid obstructions to travel and
no other method of avoidance is possible, provided that the vehicle
is operated in the farthest right-hand lane, the entrance to the
roadway is made within 100 feet of the bridge or obstacle, and the
crossing is made without undue delay. (c) A person may not
operate an off-road vehicle on a public street or highway unless the
off-road vehicle is equipped with at least one headlight and one
taillight, each of minimum candlepower as prescribed by rules of the
commissioner, and with brakes conforming to standards prescribed by
rule of the commissioner, and all of which are subject to the
approval of the commissioner of public safety. (d) Chapter 169
applies to the operation of off-road vehicles on streets and
highways, except that those provisions that by their nature have no
application and those provisions relating to required equipment do
not apply to vehicles not registered under chapter 168. Chapter 169A
applies to the operation of off-road vehicles anywhere in the state
and on the ice of boundary waters. (e) A road authority, as
defined in section 160.02,
subdivision 25, may, with the approval of the commissioner, designate
access trails on public road rights-of-way for gaining access to
established off-road vehicle trails. Subd. 3. Operation
generally. A person may not drive or operate a vehicle off-road:(1) at a rate of speed greater than is reasonable under the
surrounding circumstances; (2) in a careless, reckless, or
negligent manner which may endanger or cause injury or damage to the
person or property of another; (3) without a functioning
stoplight if so equipped; (4) in a tree nursery or planting in a
manner that damages or destroys growing stock; (5) without a
brake operational by either hand or foot; or (6) in a manner that
violates rules adopted by the commissioner. Subd. 4.
Operation prohibited on airports. It is unlawful for a person to
drive or operate an off-road vehicle on an airport, as defined in
section 360.013,
subdivision 39, except in connection with the operation of the
airport. Subd. 5. Organized contests. (a) Nothing in
this section or chapter 169 prohibits the use of vehicles off-road
within the right-of-way of a state trunk or county state-aid highway
or on public lands or waters under the jurisdiction of the
commissioner in an organized contest or event, subject to the consent
of the official or board having jurisdiction over the highway or
public lands or waters. (b) In permitting the contest or event,
the official or board having jurisdiction must obtain the
commissioner's approval and may prescribe restrictions or conditions
it considers advisable. Subd. 6. Regulation by political
subdivisions. (a) Subject to paragraphs (b) and (c), a county,
city, or town acting through its governing body may regulate the
operation of off-road vehicles on public lands, waters, and property
under its jurisdiction, other than public road rights-of-way within
its boundaries, by ordinance of the governing body and by giving
appropriate notice. (b) The ordinance must be consistent with
sections 84.797
to 84.805
and rules adopted under section 84.80.(c) An ordinance may not impose a fee for the use of public land
or water under the jurisdiction of the Department of Natural
Resources or another agency of the state, or for the use of an access
to the public land or water owned by the state, a county, or a city.

84.805 Penalties. A person who violates any
provision of sections 84.797
to 84.804
is guilty of a misdemeanor.
84.81 Definitions. Subdivision 1.
Applicability. For the purposes of Laws 1967, chapter 876, the
terms defined herein shall have the meaning ascribed to them.
Subd. 2. Person. "Person" includes an individual,
partnership, corporation, the state and its agencies and
subdivisions, and any body of persons, whether incorporated or not.Subd. 3. Snowmobile. "Snowmobile" means a self-propelled
vehicle designed for travel on snow or ice steered by skis or
runners. Subd. 4. Owner. "Owner" means a person, other
than a lien holder, having the property in or title to a snowmobile
entitled to the use or possession thereof. Subd. 5.
Operate. "Operate" means to ride in or on and control the
operation of a snowmobile. Subd. 6. Operator.
"Operator" means every person who operates or is in actual physical
control of a snowmobile. Subd. 7. Register. "Register"
means the act of assigning a registration number to a snowmobile.Subd. 8. Commissioner. "Commissioner" means the
commissioner of natural resources acting directly or through the
commissioner's authorized agent. Subd. 9. Roadway.
"Roadway" means that portion of a highway improved, designed, or
ordinarily used for vehicular travel. Subd. 10. Dealer.
"Dealer" means a person, partnership, or corporation engaged in the
business of selling snowmobiles at wholesale or retail. Subd.
11. Manufacturer. "Manufacturer" means a person,
partnership, or corporation engaged in the business of manufacturing
snowmobiles. Subd. 12. Collector snowmobile. "Collector
snowmobile" means a snowmobile that is 25 years old or older, was
originally produced as a separate identifiable make by a
manufacturer, and is owned and operated solely as a collector's item.Subd. 13. Metal traction device. "Metal traction device"
means any metal device or array of metal devices attached to a
snowmobile track to enhance traction that is: (1) made of metal,
except that metal cleats affixed perpendicular to the direction of
travel of a snowmobile track which was manufactured in 1981 or
earlier shall not be considered a metal traction device; or (2)
affixed to a snowmobile track with metal components that extend more
than one-fourth inch from the bottom of the track.
84.82 Snowmobile registration. Subdivision 1.
Repealed, 1984 c 654 art 2 s 155 Subd. 1a. General
requirements. A person may not operate or transport a snowmobile
unless the snowmobile has been registered under this section. A
person may not sell a snowmobile without furnishing the buyer a bill
of sale on a form prescribed by the commissioner. Subd. 2.
Application, issuance, reports, additional fee. (a) Application
for registration or reregistration shall be made to the commissioner
or an authorized deputy registrar of motor vehicles in a format
prescribed by the commissioner and shall state the legal name and
address of every owner of the snowmobile. (b) A person who
purchases a snowmobile from a retail dealer shall make application
for registration to the dealer at the point of sale. The dealer
shall issue a dealer temporary ten-day registration permit to each
purchaser who applies to the dealer for registration. Each retail
dealer shall submit completed registration and fees to the deputy
registrar at least once a week. No fee may be charged by a dealer to
a purchaser for providing the temporary permit. (c) Upon receipt
of the application and the appropriate fee as hereinafter provided,
the commissioner or deputy registrar shall issue to the applicant, or
provide to the dealer, an assigned registration number or a
commissioner or deputy registrar temporary ten-day permit. Once
issued, the registration number must be affixed to the snowmobile in
a clearly visible and permanent manner for enforcement purposes as
the commissioner of natural resources shall prescribe. A dealer
subject to paragraph (b) shall provide the registration materials or
temporary permit to the purchaser within the temporary ten-day permit
period. The registration is not valid unless signed by at least one
owner. (d) Each deputy registrar of motor vehicles acting
pursuant to section 168.33,
shall also be a deputy registrar of snowmobiles. The commissioner of
natural resources in agreement with the commissioner of public safety
may prescribe the accounting and procedural requirements necessary to
assure efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with these accounting and
procedural requirements. (e) A fee of $2 in addition to that
otherwise prescribed by law shall be charged for: (1) each
snowmobile registered by the registrar or a deputy registrar and the
additional fee shall be disposed of in the manner provided in section
168.33,
subdivision 2; or (2) each snowmobile registered by the
commissioner and the additional fee shall be deposited in the state
treasury and credited to the snowmobile trails and enforcement
account in the natural resources fund. Subd. 3. Fees for
registration. (a) The fee for registration of each snowmobile,
other than those used for an agricultural purpose, as defined in
section 84.92,
subdivision 1c, or those registered by a dealer or manufacturer
pursuant to clause (b) or (c) shall be as follows: $45 for three
years and $4 for a duplicate or transfer. (b) The total
registration fee for all snowmobiles owned by a dealer and operated
for demonstration or testing purposes shall be $50 per year. (c)
The total registration fee for all snowmobiles owned by a
manufacturer and operated for research, testing, experimentation, or
demonstration purposes shall be $150 per year. Dealer and
manufacturer registrations are not transferable. Subd. 4.
Renewal. Every owner of a snowmobile shall renew its registration
in such manner as the commissioner shall prescribe, upon payment of
the same registration fees provided in subdivision 3 hereof.
Subd. 5. Snowmobiles owned by state or political
subdivision. A registration number shall be issued without the
payment of a fee for snowmobiles owned by the state of Minnesota or a
political subdivision thereof upon application therefor. Subd.
6. Exemptions. Registration is not required under this
section for: (1) a snowmobile owned and used by the United
States, another state, or a political subdivision thereof; (2) a
snowmobile registered in a country other than the United States
temporarily used within this state; (3) a snowmobile that is
covered by a valid license of another state and has not been within
this state for more than 30 consecutive days; (4) a snowmobile
used exclusively in organized track racing events; (5) a
snowmobile in transit by a manufacturer, distributor, or dealer; or(6) a snowmobile at least 15 years old in transit by an
individual for use only on land owned or leased by the individual.Subd. 7. Out of state snowmobiles. The commissioner of
natural resources may issue special permits to out of state
snowmobiles from a state or country where registration is not
required to operate in Minnesota for limited periods of time not to
exceed 30 days in connection with organized group outings,
trailrides, races, rallies and other promotional events. Subd.
7a. Collector snowmobiles. The commissioner may issue a
special permit to a person or organization to operate or transport a
collector snowmobile without registration in parades or organized
group outings, such as races, rallies, and other promotional events
and for up to ten days each year for personal transportation. The
commissioner may impose a reasonable restriction on a permittee and
may revoke, amend, suspend, or modify a permit for cause. Subd.
8. Registration by persons under 18 prohibited. No person
under the age of 18 years may register a snowmobile. Subd. 9.
Repealed, 1985 c 54 s 3 Subd. 10. Proof of sales tax
payment. A person applying for initial registration of a
snowmobile must provide a snowmobile purchaser's certificate, showing
a complete description of the snowmobile, the seller's name and
address, the full purchase price of the snowmobile, and the trade-in
allowance, if any. The certificate must include information showing
either (1) that the sales and use tax under chapter 297A was paid or
(2) the purchase was exempt from tax under chapter 297A. The
commissioner of public safety, in consultation with the commissioner
and the commissioner of revenue, shall prescribe the form of the
certificate. The certificate is not required if the applicant
provides a receipt, invoice, or other document that shows the
snowmobile was purchased from a retailer maintaining a place of
business in this state as defined in section 297A.66,
subdivision 1. Subd. 11. Refunds. The commissioner may
issue a refund on a registration, not including any issuing fees paid
under subdivision 2, paragraph (e), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is
received within 12 months of the original registration and: (1)
the snowmobile was registered incorrectly by the commissioner or the
deputy registrar; or (2) the snowmobile was registered twice,
once by the dealer and once by the customer.
84.8205 Snowmobile state trail sticker. Subdivision
1. Sticker required; fee. A person may not operate a
snowmobile on a state or grant-in-aid snowmobile trail unless a
snowmobile state trail sticker is affixed to the snowmobile. The
commissioner of natural resources shall issue a sticker upon
application and payment of a $15 fee. The fee for a three-year
snowmobile state trail sticker that is purchased at the time of
snowmobile registration is $30. In addition to other penalties
prescribed by law, a person in violation of this subdivision must
purchase an annual state trail sticker for a fee of $30. The sticker
is valid from November 1 through April 30. Fees collected under this
section, except for the issuing fee for licensing agents under this
section and for the electronic licensing system commission
established by the commissioner under section 84.027,
subdivision 15, shall be deposited in the state treasury and credited
to the snowmobile trails and enforcement account in the natural
resources fund and must be used for grants-in-aid, trail maintenance,
grooming, and easement acquisition. Subd. 2. Placement of
sticker. The state trail sticker shall be permanently affixed to
the forward half of the snowmobile directly above or below the
headlight of the snowmobile. Subd. 3. License agents.
The commissioner may appoint agents to issue and sell state trail
stickers. The commissioner may revoke the appointment of an agent at
any time. The commissioner may adopt additional rules as provided in
section 97A.485,
subdivision 11. An agent shall observe all rules adopted by the
commissioner for accounting and handling of stickers pursuant to
section 97A.485,
subdivision 11. An agent shall promptly deposit and remit all money
received from the sale of the stickers, exclusive of the issuing fee,
to the commissioner. Subd. 4. Issuance of stickers. The
commissioner and agents shall issue and sell snowmobile state trail
stickers. Subd. 5. Agent's fee. In addition to the fee
for a sticker, an issuing fee of $1 per sticker shall be charged.
The issuing fee may be retained by the seller of the sticker.
Issuing fees for stickers issued by the commissioner shall be
deposited in the snowmobile trails and enforcement account in the
natural resources fund and retained for the operation of the
electronic licensing system. Subd. 6. Duplicate state trail
stickers. The commissioner and agents shall issue a duplicate
sticker to persons whose sticker is lost or destroyed using the
process established under section 97A.405,
subdivision 3, and rules promulgated thereunder. The fee for a
duplicate state trail sticker is $2, with an issuing fee of 50 cents.

84.821 Requirements of makers of snowmobiles.
Subdivision 1. Identification number. All snowmobiles made
after June 30, 1972, and sold in Minnesota, shall bear the maker's
permanent identification number stamped in letters and numbers in the
form and at a location prescribed by rule of the commissioner.
Subd. 2. Area for registration number. All snowmobiles made
after June 30, 1972, and sold in Minnesota, shall be designed and
made to provide an area on which to affix the registration number.
This area shall be at a location and of dimensions prescribed by rule
of the commissioner.
84.83 Snowmobile trails and enforcement account; receipts and allocations. Subdivision 1. Creation.
There is created in the state treasury an account known as the
snowmobile trails and enforcement account in the natural resources
fund. Subd. 2. Money deposited in the account. Fees
from the registration of snowmobiles and the unrefunded gasoline tax
attributable to snowmobile use pursuant to section 296A.18
shall be deposited in the state treasury and credited to the
snowmobile trails and enforcement account. Subd. 3.
Purposes for the account. The money deposited in the account and
interest earned on that money may be expended only as appropriated by
law for the following purposes: (1) for a grant-in-aid program to
counties and municipalities for construction and maintenance of
snowmobile trails, including maintenance of trails on lands and
waters of Voyageurs National Park, on Lake of the Woods, on Rainy
Lake, and on the following lakes in St. Louis County: Burntside,
Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion; (2) for
acquisition, development, and maintenance of state recreational
snowmobile trails; (3) for snowmobile safety programs; and
(4) for the administration and enforcement of sections 84.81
to 84.91
and appropriated grants to local law enforcement agencies. Subd.
4. Provisions applicable to funding recipients. (a)
Recipients of Minnesota trail assistance program funds must be
afforded the same protection and be held to the same standard of
liability as a political subdivision under chapter 466 for activities
associated with the administration, design, construction,
maintenance, and grooming of snowmobile trails. (b) Recipients
of Minnesota trail assistance program funds who maintain ice trails
on public waters listed under subdivision 3, clause (1), or on waters
of Voyageurs National Park are expressly immune from liability under
section 466.03,
subdivision 6e. Subd. 4a. Trail continuation on lands
acquired by the state. When the commissioner acquires lands with
easements or other agreements for snowmobile trails that have
received grant-in-aid financing under this section, the commissioner
shall: (1) continue the easements or other agreements for the
snowmobile trail; or (2) develop an alternative route for the
trail, including acquiring any necessary easements or other
agreements for the trail right-of-way and providing funding for all
expenses associated with clearing and marking the snowmobile trail.Subd. 5. Fines and forfeited bail. The disposition of
fines and forfeited bail collected from prosecutions of violations of
sections 84.81
to 84.91
or rules adopted thereunder, and violations of section 169A.20
that involve off-road recreational vehicles, as defined in section 169A.03,
subdivision 16, are governed by section 97A.065.

84.84 Transfer or termination of snowmobile ownership. Within 15 days after the transfer of ownership, or any part
thereof, other than a security interest, or the destruction or
abandonment of any snowmobile, written notice thereof shall be given
to the commissioner in such form as the commissioner shall prescribe.
Every owner or part owner of a snowmobile shall, upon failure to give
such notice, be subject to the penalties imposed by Laws 1967,
chapter 876.
84.85 Licensing by political subdivisions. No
political subdivision of this state shall require licensing or
registration of snowmobiles covered by the provisions of Laws 1967,
chapter 876.
84.86 Rules. Subdivision 1. Required rules.
With a view of achieving maximum use of snowmobiles consistent with
protection of the environment the commissioner of natural resources
shall adopt rules in the manner provided by chapter 14, for the
following purposes: (1) Registration of snowmobiles and display
of registration numbers. (2) Use of snowmobiles insofar as game
and fish resources are affected. (3) Use of snowmobiles on
public lands and waters, or on grant-in-aid trails. (4) Uniform
signs to be used by the state, counties, and cities, which are
necessary or desirable to control, direct, or regulate the operation
and use of snowmobiles. (5) Specifications relating to
snowmobile mufflers. (6) A comprehensive snowmobile information
and safety education and training program, including but not limited
to the preparation and dissemination of snowmobile information and
safety advice to the public, the training of snowmobile operators,
and the issuance of snowmobile safety certificates to snowmobile
operators who successfully complete the snowmobile safety education
and training course. For the purpose of administering such program
and to defray expenses of training and certifying snowmobile
operators, the commissioner shall collect a fee from each person who
receives the youth or adult training. The commissioner shall collect
a fee, to include a $1 issuing fee for licensing agents, for issuing
a duplicate snowmobile safety certificate. The commissioner shall
establish both fees in a manner that neither significantly
overrecovers nor underrecovers costs, including overhead costs,
involved in providing the services. The fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386
does not apply. The fees may be established by the commissioner
notwithstanding section 16A.1283.
The fees, except for the issuing fee for licensing agents under this
subdivision, shall be deposited in the snowmobile trails and
enforcement account in the natural resources fund and the amount
thereof, except for the electronic licensing system commission
established by the commissioner under section 84.027,
subdivision 15, and issuing fees collected by the commissioner, is
appropriated annually to the Enforcement Division of the Department
of Natural Resources for the administration of such programs. In
addition to the fee established by the commissioner, instructors may
charge each person up to the established fee amount for class
materials and expenses. The commissioner shall cooperate with
private organizations and associations, private and public
corporations, and local governmental units in furtherance of the
program established under this clause. School districts may
cooperate with the commissioner and volunteer instructors to provide
space for the classroom portion of the training. The commissioner
shall consult with the commissioner of public safety in regard to
training program subject matter and performance testing that leads to
the certification of snowmobile operators. (7) The operator of
any snowmobile involved in an accident resulting in injury requiring
medical attention or hospitalization to or death of any person or
total damage to an extent of $500 or more, shall forward a written
report of the accident to the commissioner on such form as the
commissioner shall prescribe. If the operator is killed or is unable
to file a report due to incapacitation, any peace officer
investigating the accident shall file the accident report within ten
business days. Subd. 2. Public safety rules. The
commissioner of public safety may adopt rules not inconsistent
herewith in the manner provided by chapter 14, regulating the use of
snowmobiles on streets and highways.
84.862 Snowmobile training required. Subdivision 1.Youth and adult safety training. (a) Any resident born after
December 31, 1976, who operates a snowmobile in Minnesota, must
possess: (1) a valid snowmobile safety certificate; (2) a
driver's license that has a valid snowmobile qualification indicator
issued under section 171.07,
subdivision 12; or (3) an identification card that has a valid
snowmobile qualification indicator issued under section 171.07,
subdivision 12. (b) For youth or adults taking the youth course,
the certificate or qualification indicator may only be issued upon
successful completion of a course authorized under section 84.86.
Either the youth course under this paragraph or the adult course
under paragraph (c) may be completed by persons 16 years of age or
older. (c) Persons 16 years of age or older may take the adult
snowmobile safety training course. The certificate or qualification
indicator may only be issued upon successful completion of a safety
course designed for adults or persons 16 years of age or older.
Subd. 2. Repealed, 2004 c 255 s 51 Subd. 2a. Certificates
issued in other states. If a person completes a safety course in
another state that is recognized by the commissioner under a
reciprocity agreement or certified by the commissioner as
substantially similar to requirements in this state, evidence that
the person has completed that course is acceptable in lieu of a
certificate under this section. Subd. 3. Training for
offenders. Any person who is convicted for a second or subsequent
speeding violation in a snowmobile season, or any conviction for
careless or reckless operation of a snowmobile, must successfully
complete a training course in subdivision 1 before continuing
operation of a snowmobile.
84.87 Operation; regulations by political subdivisions. Subdivision 1. Operation on streets and highways. (a) No
person shall operate a snowmobile upon the roadway, shoulder, or
inside bank or slope of any trunk, county state-aid, or county
highway in this state and, in the case of a divided trunk or county
highway, on the right-of-way between the opposing lanes of traffic,
except as provided in sections 84.81
to 84.90.
No person shall operate a snowmobile within the right-of-way of any
trunk, county state-aid, or county highway between the hours of
one-half hour after sunset to one-half hour before sunrise, except on
the right-hand side of such right-of-way and in the same direction as
the highway traffic on the nearest lane of the roadway adjacent
thereto. No snowmobile shall be operated at any time within the
right-of-way of any interstate highway or freeway within this state.(b) Notwithstanding any provision of paragraph (a) to the
contrary: (1) under conditions prescribed by the commissioner of
transportation, the commissioner of transportation may allow two-way
operation of snowmobiles on either side of the trunk highway
right-of-way where the commissioner of transportation determines that
two-way operation will not endanger users of the trunk highway or
riders of the snowmobiles using the trail; (2) under conditions
prescribed by a local road authority as defined in section 160.02,
subdivision 25, the road authority may allow two-way operation of
snowmobiles on either side of the right-of-way of a street or highway
under the road authority's jurisdiction, where the road authority
determines that two-way operation will not endanger users of the
street or highway or riders of the snowmobiles using the trail;
(3) the commissioner of transportation under clause (1) and the local
road authority under clause (2) shall notify the commissioner of
natural resources and the local law enforcement agencies responsible
for the streets or highways of the locations of two-way snowmobile
trails authorized under this paragraph; and (4) two-way
snowmobile trails authorized under this paragraph shall be posted for
two-way operation at the authorized locations. (c) A snowmobile
may make a direct crossing of a street or highway at any hour of the
day provided: (1) the crossing is made at an angle of
approximately 90 degrees to the direction of the highway and at a
place where no obstruction prevents a quick and safe crossing; and(2) the snowmobile is brought to a complete stop before crossing
the shoulder or main traveled way of the highway; and (3) the
driver yields the right-of-way to all oncoming traffic which
constitutes an immediate hazard; and (4) in crossing a divided
highway, the crossing is made only at an intersection of such highway
with another public street or highway; and (5) if the crossing is
made between the hours of one-half hour after sunset to one-half hour
before sunrise or in conditions of reduced visibility, only if both
front and rear lights are on; and (6) a snowmobile may be
operated upon a bridge, other than a bridge that is part of the main
traveled lanes of an interstate highway, when required for the
purpose of avoiding obstructions to travel when no other method of
avoidance is possible; provided the snowmobile is operated in the
extreme right-hand lane, the entrance to the roadway is made within
100 feet of the bridge and the crossing is made without undue delay.(d) No snowmobile shall be operated upon a public street or
highway unless it is equipped with at least one headlamp, one tail
lamp, each of minimum candlepower as prescribed by rules of the
commissioner, reflector material of a minimum area of 16 square
inches mounted on each side forward of the handle bars, and with
brakes each of which shall conform to standards prescribed by rule of
the commissioner pursuant to the authority vested in the commissioner
by section 84.86,
and each of which shall be subject to approval of the commissioner of
public safety. (e) A snowmobile may be operated upon a public
street or highway other than as provided by paragraph (c) in an
emergency during the period of time when and at locations where snow
upon the roadway renders travel by automobile impractical. (f)
All provisions of chapters 169 and 169A shall apply to the operation
of snowmobiles upon streets and highways, except for those relating
to required equipment, and except those which by their nature have no
application. Section 169.09
applies to the operation of snowmobiles anywhere in the state or on
the ice of any boundary water of the state. (g) Any sled,
trailer, or other device being towed by a snowmobile must be equipped
with reflective materials as required by rule of the commissioner.Subd. 1a. Organized contests, use of highways, etc.
Nothing in this section or chapter 169 shall prohibit the use of
snowmobiles within the right-of-way of any state trunk or county
state-aid highway or upon public lands or waters under the
jurisdiction of the commissioner of natural resources, in any
organized contest, subject to the consent of the official or board
having jurisdiction over the highway or public lands or waters.
In permitting such contest, the official or board having jurisdiction
may prescribe such restrictions or conditions as they may deem
advisable. Subd. 2. Operation generally. It shall be
unlawful for any person to drive or operate any snowmobile in the
following unsafe or harassing ways: (1) at a rate of speed
greater than reasonable or proper under all the surrounding
circumstances; (2) in a careless, reckless or negligent manner so
as to endanger the person or property of another or to cause injury
or damage thereto; (3) without a lighted head and taillight when
required for safety; or (4) in any tree nursery or planting in a
manner which damages or destroys growing stock. Subd. 2a.
Operation prohibited on airports. It is unlawful for any person
to drive or operate any snowmobile on an airport defined in section
360.013,
subdivision 39, or other applicable law. Subd. 2b. Repealed,
1994 c 615 s 28 Subd. 2c. Application of speed limits to
testing activities. (a) A speed limit established by the
commissioner in rules adopted under section 84.86
does not apply to a snowmobile that is being operated as part of a
testing program established by a snowmobile manufacturer if: (1)
the snowmobile is operated for testing purposes by a driver employed
by the snowmobile manufacturer; (2) the snowmobile is clearly
marked as a test machine; and (3) the snowmobile is operated in
compliance with all other applicable laws and rules. (b) A card
containing a photograph of the driver and identifying the driver as a
test driver for the manufacturer must be in the driver's possession
at all times when the snowmobile is being operated at a speed in
excess of the limit established by the commissioner under section 84.86.Subd. 3. Regulations by political subdivisions.
Notwithstanding anything in this section to the contrary, a county
board may by resolution permit the operation of snowmobiles upon the
roadway, shoulder, or inside bank or slope of any county highway or
county state aid highway if safe operation in the ditch or outside
bank or slope thereof is impossible, in which case the county board
shall cause appropriate notice thereof to be given. Any county,
city, or any town acting by its town board, may regulate the
operation of snowmobiles on public lands, waters, and property under
their jurisdiction and on streets and highways within their
boundaries by resolution or ordinance of the governing body and by
giving appropriate notice, provided such regulations are not
inconsistent with the provisions of sections 84.81
to 84.88
inclusive and rules promulgated thereunder. However, no such
governmental unit may adopt an ordinance which (1) imposes a fee for
the use of public land or water under the jurisdiction of either the
commissioner of natural resources or any other agency of the state,
or for the use of any access thereto owned by the state, or a county
or city; or (2) require a snowmobile operator to possess a motor
vehicle driver's license while operating a snowmobile. Subd. 4.Snowmobile speed limit; lakes greater than 10,000 acres.
Notwithstanding any law or rule to the contrary, a county may enact
an ordinance to raise the speed limit up to 65 miles per hour for
snowmobiles traveling on marked trails during daylight hours on lakes
greater than 10,000 acres, subject to the approval of the
commissioner of natural resources. Within any posted speed limit, it
remains unlawful for any person to drive or operate any snowmobile at
a rate of speed greater than is reasonable or proper under all of the
surrounding conditions or circumstances.
84.871 Equipment requirements. Subdivision 1.
Mufflers. Except as provided in this section, every snowmobile
shall be equipped at all times with a muffler in good working order
which blends the exhaust noise into the overall snowmobile noise and
is in constant operation to prevent excessive or unusual noise. The
exhaust system shall not emit or produce a sharp popping or crackling
sound. This section does not apply to organized races or similar
competitive events held on (1) private lands, with the permission of
the owner, lessee, or custodian of the land; (2) public lands and
water under the jurisdiction of the commissioner of natural
resources, with the commissioner's permission; or (3) other public
lands, with the consent of the public agency owning the land. No
person shall have for sale, sell, or offer for sale on any new
snowmobile any muffler that fails to comply with the specifications
required by the rules of the commissioner after the effective date of
the rules. Subd. 2. Repealed, 1999 c 4 s 5
84.8712 Metal traction devices; prohibition on paved trails. Subdivision 1. Prohibition. A person may
not use a snowmobile with metal traction devices on a paved public
trail, except as otherwise provided by a local government with
jurisdiction over a trail or any portion of a paved state trail
designated by the commissioner. Subd. 2. Civil citation;
authority to issue. Conservation officers and other licensed
peace officers may issue civil citations to a person who operates a
snowmobile in violation of this section. The citation must impose a
penalty of $50 for the first offense, $200 for the second offense,
and $500 for third and subsequent offenses. Subd. 3.
Appeals. Civil citations for offenses under this section may be
appealed under the procedures in section 116.072,
subdivision 6, if the recipient of the citation requests a hearing by
notifying the commissioner in writing within 15 days after receipt of
the citation. For the purposes of the enforcement of this section,
the terms "commissioner" and "agency" as used in section 116.072
mean the commissioner of natural resources. If a hearing is not
requested within the 15-day period, the citation becomes a final
order not subject to further review. Subd. 4.
Enforcement. Civil citations for offenses under this section may
be enforced under section 116.072,
subdivision 9. If a person fails to pay a penalty owed under this
section, the person may not operate a snowmobile until the penalty is
paid. Penalty amounts must be remitted within 30 days of issuance of
the penalty citation. Subd. 5. Allocation of penalty
amounts. Penalty amounts collected from civil citations issued
under this section are deposited to the unit of government employing
the officer that issues the civil citation. The commissioner must
deposit penalty amounts received by the state in the snowmobile
trails and enforcement account established by section 84.83,
subdivision 1. The penalty amounts in the account must be dedicated
for the repair of paved public trails. Subd. 6. Selection
of remedy. A person operating a snowmobile in violation of this
section is guilty of a petty misdemeanor punishable by a fine of no
more than $50 for the first offense, no more than $300 for the second
offense, and no more than $600 for the third and subsequent offenses.
A peace officer may not seek both civil and petty misdemeanor
penalties for a violation of this section.
84.8713 MS 2002 Repealed, 1999 c 231 s 94
84.8715 Repealed, 1999 c 4 s 5
84.872 Youthful snowmobile operators; prohibitions.
Subdivision 1. Restrictions on operation. (a)
Notwithstanding anything in section 84.87
to the contrary, no person under 14 years of age shall make a direct
crossing of a trunk, county state-aid, or county highway as the
operator of a snowmobile, or operate a snowmobile upon a street or
highway within a municipality. A person 14 years of age or
older, but less than 18 years of age, may make a direct crossing of a
trunk, county state-aid, or county highway only if the person has in
immediate possession: (1) a valid snowmobile safety certificate
issued by the commissioner; (2) a driver's license that has a
valid snowmobile qualification indicator issued under section 171.07,
subdivision 12; or (3) an identification card that has a valid
snowmobile qualification indicator issued under section 171.07,
subdivision 12. (b) Notwithstanding section 84.862,
no person under the age of 14 years shall operate a snowmobile unless
supervised by or accompanied by one of the following listed persons
on the same or an accompanying snowmobile, or on a device towed by
the same or an accompanying snowmobile: the person's parent, legal
guardian, or other person 18 years of age or older designated by the
parent or guardian. However, a person 12 years of age or older but
under the age of 14 years may operate a snowmobile if the person has
in immediate possession a valid snowmobile safety certificate issued
by the commissioner or an identification card with a valid snowmobile
qualification indicator issued under section 171.07,
subdivision 12. (c) The snowmobile safety certificate exceptions
under paragraph (b) do not allow a person under the age of 14 years
to make a direct crossing of a highway as the operator of a
snowmobile or to operate a snowmobile upon a street or highway, as
prohibited under paragraph (a). Subd. 1a. Helmet
required. (a) No person under the age of 18 shall operate or ride
a snowmobile in this state without wearing protective headgear that
complies with standards established by the commissioner of public
safety. (b) The provisions of this subdivision shall not apply
to persons during their participation in a parade that has been
granted a permit or other official authorization by a local unit of
government or to a person operating a snowmobile on land that is
owned by the person or the person's parents, grandparents, siblings,
uncles, or aunts. Subd. 2. Owner's duties. It is
unlawful for any person who is the owner or in lawful control of a
snowmobile to permit the snowmobile to be operated contrary to the
provisions of this section. Subd. 3. Reporting convictions;
suspensions. When the judge of a juvenile court, or any of its
duly authorized agents, shall determine that any person, while less
than 18 years of age, has violated the provisions of sections 84.81
to 84.88,
or any other state or local law or ordinance regulating the operation
of snowmobiles, the judge, or duly authorized agent, shall
immediately report this determination to the commissioner and may
recommend the suspension of the person's snowmobile safety
certificate. The commissioner is hereby authorized to suspend the
certificate, without a hearing.
84.873 Repealed, 1Sp1997 c 2 s 69
84.88 Penalties. Subdivision 1. Penalty.
Any person who shall violate any provision of sections 84.81
to 84.89
or any rule of the commissioner of natural resources or of the
commissioner of public safety promulgated pursuant to law shall be
guilty of a misdemeanor. Subd. 2. Owner's penalty. A
person registered as owner of a snowmobile may be fined not to exceed
$300 if a snowmobile bearing the person's registration number is
operated contrary to the provisions of sections 84.81
to 84.88, or 97B.091.
The registered owner may not be so fined if (a) the snowmobile was
reported as stolen to the commissioner or a law enforcement agency at
the time of the alleged unlawful act, or if (b) the registered owner
demonstrates that the snowmobile either was stolen or was not in use
at the time of the alleged unlawful act, or if (c) the registered
owner furnishes to law enforcement officers upon request the identity
of the person in actual physical control of the snowmobile at the
time of such violation. The provisions of this subdivision do not
apply to any person who rents or leases a snowmobile if such person
keeps a record of the name and address of the person or persons
renting or leasing such snowmobile, the registration number thereof,
the departure date and time, and expected time of return thereof.
Such record shall be preserved for at least six months and shall be
prima facie evidence that the person named therein was the operator
thereof at the time it was operated contrary to sections 84.81
to 84.88, or 97B.091.
The provisions of this subdivision do not prohibit or limit the
prosecution of a snowmobile operator for violating any of the
sections referred to in this subdivision.
84.89 Confiscation of snowmobile used in burglary. A
law enforcement officer shall seize any snowmobile, as defined in
section 84.81,
used for the purpose of gaining access to property for the purpose of
committing the crime of burglary, as defined in section 609.582.
Any snowmobile seized pursuant to this section shall be held, subject
to the order of the district court of the county in which the
burglary was committed, and shall be confiscated after conviction of
the person from whom the snowmobile was seized and disposed of in
accordance with the procedure provided for equipment used in
committing game and fish violations by section 97A.225,
except that the balance of the proceeds from the sale of a
confiscated snowmobile which are paid into the state treasury shall
be credited to the general fund.
84.90 Limitations on the operation of recreational motor vehicles. Subdivision 1. Definitions. For the
purposes of this section the following terms have the meanings given
them: (a) "Recreational motor vehicle" means any self-propelled
vehicle and any vehicle propelled or drawn by a self-propelled
vehicle used for recreational purposes, including but not limited to
snowmobile, trail bike or other all-terrain vehicle, hovercraft, or
motor vehicle licensed for highway operation which is being used for
off-road recreational purposes. (b) "Snowmobile" has the same
meaning given by section 84.81,
subdivision 3. Subd. 2. Within metropolitan area.
Within the seven county metropolitan area, no person shall enter and
operate a recreational motor vehicle on lands not owned by the
person, except where otherwise allowed by law, without the written or
oral permission of the owner, occupant, or lessee of such lands.
Written permission may be given by a posted notice of any kind or
description that the owner, occupant, or lessee prefers, so long as
it specifies the kind of vehicles allowed, such as by saying
"Recreational Vehicles Allowed," "Snowmobiles Allowed," "Trail Bikes
Allowed," "All-Terrain Vehicles Allowed," or words substantially
similar. Subd. 3. Outside metropolitan area. Outside
the seven county metropolitan area, no person shall enter on any land
not owned by the person for the purpose of operating a recreational
motor vehicle after being notified, either orally or by written or
posted notice, by the owner, occupant, or lessee not to do so. Where
posted notice is used, signs shall bear letters not less than two
inches high and shall state one of the following: "Recreational
Vehicles Prohibited," "Snowmobiles Prohibited," "Trail Bikes
Prohibited," "All-Terrain Vehicles Prohibited," or words
substantially similar. In lieu of the above notice an owner,
occupant or lessee may post any sign prohibiting recreational motor
vehicles which has been adopted by rule of the commissioner of
natural resources. The notice or sign shall be posted at corners and
ordinary ingress and egress to the property and when so posted shall
serve so as to raise a conclusive presumption that a person operating
a recreational motor vehicle thereon had knowledge of entering upon
such posted lands. Failure to post notice as provided in this
subdivision shall not deprive a person of the right to bring a civil
action for damage to one's person or property as otherwise provided
by law. Subd. 4. Posting; trail facilities. It is
unlawful for a person to post, mutilate, or remove any notice or sign
provided in this section upon any lands or waters over which the
person has no right, title, interest, or license. It is unlawful for
a person other than a duly constituted legal authority to so post any
public lands, including but not limited to tax-forfeited lands, as
above described. It is unlawful for a person to mutilate, destroy,
damage, or remove any shelter, comfort station or other trail
facility on any trail established on state-owned land or on any
recreational trail which is funded in whole or in part by state
grant-in-aid funds. Subd. 5. Gates; fencing. No person
shall enter or leave the lands of another with a recreational motor
vehicle, or pass from one portion of such lands to another portion,
through a closed gate, without returning the gate to its original
position. No person shall enter or leave the lands of another with a
recreational motor vehicle by cutting any wire or tearing down or
destroying any fence. Subd. 6. Additional prohibitions.
Nothing in this section shall limit or otherwise qualify the power of
municipalities, counties, school districts, or other political
subdivisions of the state or any agency of the state to impose
additional restrictions or prohibitions on the operation of
recreational motor vehicles on property not owned by the operator in
accordance with law. Subd. 7. Penalty. A person
violating the provisions of this section is guilty of a misdemeanor.

84.901 Repealed, 1Sp2005 c 1 art 2 s 162
84.91 Operation of snowmobiles and all-terrain vehicles by persons under the influence of alcohol or controlled substances. Subdivision 1. Acts prohibited. (a) No
owner or other person having charge or control of any snowmobile or
all-terrain vehicle shall authorize or permit any individual the
person knows or has reason to believe is under the influence of
alcohol or a controlled substance or other substance to operate the
snowmobile or all-terrain vehicle anywhere in this state or on the
ice of any boundary water of this state. (b) No owner or other
person having charge or control of any snowmobile or all-terrain
vehicle shall knowingly authorize or permit any person, who by reason
of any physical or mental disability is incapable of operating the
vehicle, to operate the snowmobile or all-terrain vehicle anywhere in
this state or on the ice of any boundary water of this state.
(c) A person who operates or is in physical control of a snowmobile
or all-terrain vehicle anywhere in this state or on the ice of any
boundary water of this state is subject to chapter 169A. In addition
to the applicable sanctions under chapter 169A, a person who is
convicted of violating section 169A.20
or an ordinance in conformity with it while operating a snowmobile or
all-terrain vehicle, or who refuses to comply with a lawful request
to submit to testing under sections 169A.50
to 169A.53
or an ordinance in conformity with it, shall be prohibited from
operating the snowmobile or all-terrain vehicle for a period of one
year. The commissioner shall notify the person of the time period
during which the person is prohibited from operating a snowmobile or
all-terrain vehicle. (d) Administrative and judicial review of
the operating privileges prohibition is governed by section 97B.066,
subdivisions 7 to 9, if the person does not have a prior impaired
driving conviction or prior license revocation, as defined in section
169A.03.
Otherwise, administrative and judicial review of the prohibition is
governed by section 169A.53.(e) The court shall promptly forward to the commissioner and the
Department of Public Safety copies of all convictions and criminal
and civil sanctions imposed under this section and chapters 169 and
169A relating to snowmobiles and all-terrain vehicles. (f) A
person who violates paragraph (a) or (b), or an ordinance in
conformity with either of them, is guilty of a misdemeanor. A person
who operates a snowmobile or all-terrain vehicle during the time
period the person is prohibited from operating a vehicle under
paragraph (c) is guilty of a misdemeanor. Subd. 2. Repealed,
1Sp1997 c 2 s 69 Subd. 3. Repealed, 1Sp1997 c 2 s 69 Subd. 4.
Repealed, 1Sp1997 c 2 s 69 Subd. 5. Repealed, 1Sp1997 c 2 s 69Subd. 5a. Repealed, 1Sp1997 c 2 s 69 Subd. 6. Repealed,
1Sp1997 c 2 s 69 Subd. 7. Repealed, 1Sp1997 c 2 s 69 Subd. 8.
Repealed, 1Sp1997 c 2 s 69
84.911 Reports of death. Subdivision 1. Repealed,
1Sp1997 c 2 s 69 Subd. 2. Repealed, 1Sp1997 c 2 s 69 Subd. 3.
Repealed, 1Sp1997 c 2 s 69 Subd. 4. Repealed, 1Sp1997 c 2 s 69Subd. 5. Repealed, 1Sp1997 c 2 s 69 Subd. 6. Repealed,
1Sp1997 c 2 s 69 Subd. 7. Coroner to report death. Every
coroner or medical examiner shall report in writing to the Department
of Natural Resources the death of any person within the jurisdiction
of the coroner or medical examiner as the result of an accident
involving an off-road recreational vehicle, as defined in section 169A.03,
subdivision 16, and the circumstances of the accident. The report
shall be made within 15 days after the death. In the case of
drivers killed in off-road recreational vehicle accidents and of the
death of passengers 14 years of age or older, who die within four
hours after accident, the coroner or medical examiner shall examine
the body and shall make tests as are necessary to determine the
presence and percentage concentration of alcohol, and drugs if
feasible, in the blood of the victim. This information shall be
included in each report submitted pursuant to the provisions of this
subdivision and shall be tabulated by the Department of Natural
Resources. Periodically, the commissioner of natural resources must
transmit a summary of the reports to the commissioner of public
safety.
84.912 Repealed, 1Sp1997 c 2 s 69
84.915 Land use for certain vehicles restricted.
After June 1, 1993, the commissioner may not allow the use of state
lands or acquire private lands 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.
84.92 Definitions. Subdivision 1. Scope.
The definitions in this section apply to sections 84.92 to 84.929.Subd. 1a. Agricultural zone. "Agricultural zone" means
the areas in Minnesota lying south and west of a line starting at the
Minnesota-North Dakota border and formed by rights-of-way of Trunk
Highway No. 10, thence easterly along Trunk Highway No. 10 to Trunk
Highway No. 23, thence easterly along Trunk Highway No. 23 to Trunk
Highway No. 95, thence easterly along Trunk Highway No. 95 to its
termination at the Minnesota-Wisconsin border. Subd. 1b.
Accompanied. "Accompanied" means being subject to continuous
direction or control. Subd. 1c. Agricultural purpose.
"Agricultural purpose" means used exclusively for an agricultural use
as defined in subdivision 1d. Subd. 1d. Agricultural
use. "Agricultural use" means use in agriculturally related
activities or harvesting of wood for commercial or firewood purposes
by any person. Subd. 1e. City. "City" means a home rule
charter or statutory city. Subd. 2. Commissioner.
"Commissioner" means the commissioner of natural resources.
Subd. 3. Dealer. "Dealer" means a person engaged in the
business of selling all-terrain vehicles at wholesale or retail.
Subd. 4. Manufacturer. "Manufacturer" means a person engaged
in the business of manufacturing all-terrain vehicles. Subd. 5.Owner. "Owner" means a person, other than a person with a
security interest, having a property interest in or title to an
all-terrain vehicle and entitled to the use and possession of the
vehicle. Subd. 6. Person. "Person" means an individual
or an organization as defined in section 336.1-201
(b)(27). Subd. 6a. Public road right-of-way. "Public
road right-of-way" means the entire right-of-way of a public road,
including the traveled portions, banks, ditches, shoulders, and
medians of a roadway, that is not privately owned. Subd. 7.
Register. "Register" means the act of assigning a registration
number to an all-terrain vehicle. Subd. 8. All-terrain
vehicle. "All-terrain vehicle" or "vehicle" means a motorized
flotation-tired vehicle of not less than three low pressure tires,
but not more than six tires, that is limited in engine displacement
of less than 800 cubic centimeters and total dry weight less than 900
pounds.
84.922 Registration. Subdivision 1. General
requirements. Unless exempted in subdivision 1a, a person may not
operate and an owner may not give permission for another to operate
an all-terrain vehicle within the state unless the vehicle has been
registered with the commissioner of natural resources, or is exempt
from registration. Subd. 1a. Exemptions. All-terrain
vehicles exempt from registration are: (1) vehicles owned and
used by the United States, the state, another state, or a political
subdivision; (2) vehicles registered in another state or country
that have not been in this state for more than 30 consecutive days;
and (3) vehicles used exclusively in organized track racing
events. Subd. 2. Application, issuance, reports. (a)
Application for registration or continued registration shall be made
to the commissioner or an authorized deputy registrar of motor
vehicles in a form prescribed by the commissioner. The form must
state the name and address of every owner of the vehicle. (b) A
person who purchases an all-terrain vehicle from a retail dealer
shall make application for registration to the dealer at the point of
sale. The dealer shall issue a dealer temporary ten-day registration
permit to each purchaser who applies to the dealer for registration.
The dealer shall submit the completed registration application and
fees to the deputy registrar at least once each week. No fee may be
charged by a dealer to a purchaser for providing the temporary
permit. (c) Upon receipt of the application and the appropriate
fee, the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, an assigned registration number
or a commissioner or deputy registrar temporary ten-day permit. Once
issued, the registration number must be affixed to the vehicle in a
manner prescribed by the commissioner. A dealer subject to paragraph
(b) shall provide the registration materials or temporary permit to
the purchaser within the ten-day temporary permit period. The
commissioner shall use the snowmobile registration system to register
vehicles under this section. (d) Each deputy registrar of motor
vehicles acting under section 168.33,
is also a deputy registrar of all-terrain vehicles. The commissioner
of natural resources in agreement with the commissioner of public
safety may prescribe the accounting and procedural requirements
necessary to assure efficient handling of registrations and
registration fees. Deputy registrars shall strictly comply with the
accounting and procedural requirements. (e) In addition to other
fees prescribed by law, a filing fee of $4.50 is charged for each
all-terrain vehicle registration renewal, duplicate or replacement
registration card, and replacement decal and a filing fee of $7 is
charged for each all-terrain vehicle registration and registration
transfer issued by: (1) a deputy registrar and shall be deposited
in the treasury of the jurisdiction where the deputy is appointed, or
retained if the deputy is not a public official; or (2) the
commissioner and shall be deposited to the state treasury and
credited to the all-terrain vehicle account in the natural resources
fund. Subd. 2a. Private use registration. All-terrain
vehicles may be registered for private use that are used exclusively
for private or agricultural use or used exclusively on private
property. Private use registration is valid from the date of
issuance until ownership of the all-terrain vehicle is transferred.
Private or agricultural use registrations are not transferable.
Subd. 3. Registration card; signature. The commissioner
shall provide to the registrant a registration card that includes the
registration number, the date of registration, the make and serial
number of the vehicle, the owner's name and address, and additional
information the commissioner may require. Information concerning
each registration shall be retained by the commissioner. The
registration is not valid unless signed by at least one owner. Upon
a satisfactory showing that the registration card has been lost or
destroyed the commissioner shall issue a replacement registration
card upon payment of a fee of $4. The fees collected from
replacement registration cards shall be deposited in the all-terrain
vehicle account in the natural resources fund. Subd. 4.
Report of transfers. A person who sells or transfers ownership of
a vehicle registered under this section shall report the sale or
transfer to the commissioner within 15 days of the date of transfer.
An application for transfer must be executed by the registered owner
and the purchaser on a form prescribed by the commissioner with the
owner's registration certificate, a bill of sale and a $4 fee.
Subd. 5. Fees for registration. (a) The fee for a three-year
registration of an all-terrain vehicle under this section, other than
those registered by a dealer or manufacturer under paragraph (b) or
(c), is: (1) for public use before January 1, 2005, $23; (2)
for public use on January 1, 2005, and after, $30; (3) for
private use, $6; and (4) for a duplicate or transfer, $4.
(b) The total registration fee for all-terrain vehicles owned by a
dealer and operated for demonstration or testing purposes is $50 per
year. Dealer registrations are not transferable. (c) The total
registration fee for all-terrain vehicles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration
purposes is $150 per year. Manufacturer registrations are not
transferable. (d) The fees collected under this subdivision must
be credited to the all-terrain vehicle account. Subd. 6.
Renewal. Every owner of an all-terrain vehicle must renew
registration in a manner prescribed by the commissioner upon payment
of the registration fees in subdivision 5. Subd. 7.
Vehicles owned by state or political subdivision. A registration
number must be issued without the payment of a fee for all-terrain
vehicles owned by the state or a political subdivision upon
application. Subd. 8. Repealed, 1989 c 331 s 26 Subd. 9.Licensing by political subdivisions. No political subdivision
of this state shall require licensing or registration of all-terrain
vehicles covered by sections 84.92
to 84.929.Subd. 10. Registration by minors prohibited. No person
under the age of 18 may register an all-terrain vehicle. Subd.
11. Proof of sales tax payment. A person applying for
initial registration in Minnesota of an all-terrain vehicle shall
provide a purchaser's certificate showing a complete description of
the all-terrain vehicle, the seller's name and address, the full
purchase price of the all-terrain vehicle, and the trade-in
allowance, if any. The certificate also must include information
showing either that (1) the sales and use tax under chapter 297A was
paid, or (2) the purchase was exempt from tax under chapter 297A.
The certificate is not required if the applicant provides a receipt,
invoice, or other document that shows the all-terrain vehicle was
purchased from a retailer maintaining a place of business in this
state as defined in section 297A.66,
subdivision 1. Subd. 12. Refunds. The commissioner may
issue a refund on a registration, not including any issuing fees paid
under subdivision 2, paragraph (e), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is
received within 12 months of the original registration and: (1)
the vehicle was registered incorrectly by the commissioner or the
deputy registrar; or (2) the vehicle was registered twice, once
by the dealer and once by the customer.
84.923 Requirements of makers of all-terrain vehicles. Subdivision 1. Identification number. All vehicles made
after January 1, 1985, and sold in the state, must have
manufacturer's permanent identification number stamped in letters and
numbers on the vehicle in the form and at a location prescribed by
the commissioner. Subd. 2. Registration number. All
vehicles made after January 1, 1985, and sold in the state, must be
designed and made to provide an area to affix the registration
number. This area shall be at a location and of dimensions
prescribed by the commissioner.
84.924 Rulemaking; accident report. Subdivision 1.Commissioner of natural resources. With a view of achieving
proper use of all-terrain vehicles consistent with protection of the
environment, the commissioner of natural resources shall adopt rules
under chapter 14 relating to: (1) registration of all-terrain
vehicles and display of registration numbers; (2) use of
all-terrain vehicles insofar as game and fish resources are affected;(3) use of all-terrain vehicles on public lands and waters;
(4) uniform signs to be used by the state, counties, and cities
necessary or desirable to control, direct, or regulate the operation
and use of all-terrain vehicles; and (5) specifications relating
to all-terrain vehicle mufflers. Subd. 2. Commissioner of
public safety. The commissioner of public safety may adopt rules
under chapter 14 regulating the use of all-terrain vehicles on
streets and highways. Subd. 3. Accident report; requirement
and form. The operator and an officer investigating an accident
of an all-terrain vehicle involved in an accident resulting in injury
requiring medical attention or hospitalization to or death of a
person or total damage to an extent of $500 or more shall within ten
business days forward a written report of the accident to the
commissioner of natural resources on a form prescribed by either the
commissioner of natural resources or by the commissioner of public
safety. If the operator is killed or is unable to file a report due
to incapacitation, any peace officer investigating the accident shall
file the accident report within ten business days. Periodically, the
commissioner of natural resources must transmit a summary of the
accident reports to the commissioner of public safety.
84.925 Education and training program. Subdivision
1. Program established. (a) The commissioner shall establish
a comprehensive all-terrain vehicle environmental and safety
education and training program, including the preparation and
dissemination of vehicle information and safety advice to the public,
the training of all-terrain vehicle operators, and the issuance of
all-terrain vehicle safety certificates to vehicle operators over the
age of 12 years who successfully complete the all-terrain vehicle
environmental and safety education and training course. (b) For
the purpose of administering the program and to defray a portion of
the expenses of training and certifying vehicle operators, the
commissioner shall collect a fee of $15 from each person who receives
the training. The commissioner shall collect a fee, to include a $1
issuing fee for licensing agents, for issuing a duplicate all-terrain
vehicle safety certificate. The commissioner shall establish the fee
for a duplicate all-terrain vehicle safety certificate that neither
significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the service. Fee proceeds,
except for the issuing fee for licensing agents under this
subdivision, shall be deposited in the all-terrain vehicle account in
the natural resources fund. In addition to the fee established by
the commissioner, instructors may charge each person the cost of
class material and expenses. (c) The commissioner shall
cooperate with private organizations and associations, private and
public corporations, and local governmental units in furtherance of
the program established under this section. School districts may
cooperate with the commissioner and volunteer instructors to provide
space for the classroom portion of the training. The commissioner
shall consult with the commissioner of public safety in regard to
training program subject matter and performance testing that leads to
the certification of vehicle operators. By June 30, 2003, the
commissioner shall incorporate a riding component in the safety
education and training program. Subd. 2. Repealed, 1989 c 331 s
26 Subd. 3. All-terrain vehicle safety courses; reciprocity
with other states. The commissioner may enter into reciprocity
agreements or otherwise certify all-terrain vehicle environmental and
safety education and training courses from other states that are
substantially similar to in-state courses. Proof of completion of a
course subject to a reciprocity agreement or certified as
substantially similar is adequate to meet the safety certificate
requirements of sections 84.92
to 84.929.Subd. 4. Exemption from rulemaking and legislative
approval. The fee to issue a duplicate all-terrain vehicle safety
certificate under subdivision 1 is not subject to the rulemaking
provisions of chapter 14 and section 14.386
does not apply. The commissioner may establish the duplicate
all-terrain safety certificate fee notwithstanding section 16A.1283.Subd. 5. Training requirements. (a) An individual who
was born after July 1, 1987, and who is 16 years of age or older,
must successfully complete the independent study course component of
all-terrain vehicle safety training before operating an all-terrain
vehicle on public lands. (b) An individual who is convicted of
violating a law related to the operation of an all-terrain vehicle
must successfully complete the independent study course component of
all-terrain vehicle safety training before continuing operation of an
all-terrain vehicle. (c) An individual who is convicted for a
second or subsequent excess speed, trespass, or wetland violation in
an all-terrain vehicle season, or any conviction for careless or
reckless operation of an all-terrain vehicle, must successfully
complete the independent study and the testing and operating course
components of all-terrain vehicle safety training before continuing
operation of an all-terrain vehicle. (d) An individual who
receives three or more citations and convictions for violating a law
related to the operation of an all-terrain vehicle in a two-year
period must successfully complete the independent study and the
testing and operating course components of all-terrain vehicle safety
training before continuing operation of an all-terrain vehicle.
(e) An individual must present evidence of compliance with this
subdivision before an all-terrain vehicle registration is issued or
renewed.
84.9254 Repealed, 1Sp1997 c 2 s 69
84.9256 Youthful operators; prohibitions.
Subdivision 1. Prohibitions on youthful operators. (a)
Except for operation on public road rights-of-way that is permitted
under section 84.928,
a driver's license issued by the state or another state is required
to operate an all-terrain vehicle along or on a public road
right-of-way. (b) A person under 12 years of age shall not:
(1) make a direct crossing of a public road right-of-way; (2)
operate an all-terrain vehicle on a public road right-of-way in the
state; or (3) operate an all-terrain vehicle on public lands or
waters, except as provided in paragraph (e). (c) Except for
public road rights-of-way of interstate highways, a person 12 years
of age but less than 16 years may make a direct crossing of a public
road right-of-way of a trunk, county state-aid, or county highway or
operate on public lands and waters, only if that person possesses a
valid all-terrain vehicle safety certificate issued by the
commissioner and is accompanied on another all-terrain vehicle by a
person 18 years of age or older who holds a valid driver's license.(d) To be issued an all-terrain vehicle safety certificate, a
person at least 12 years old, but less than 16 years old, must:
(1) successfully complete the safety education and training program
under section 84.925,
subdivision 1, including a riding component; and (2) be able to
properly reach and control the handle bars and reach the foot pegs
while sitting upright on the seat of the all-terrain vehicle.
(e) A person at least ten years of age but under 12 years of age may
operate an all-terrain vehicle with an engine capacity up to 90cc on
public lands or waters if accompanied by a parent or legal guardian.Subd. 2. Helmet required. A person less than 18 years of
age shall not operate an all-terrain vehicle on public land, public
waters, or on a public road right-of-way unless wearing a safety
helmet approved by the commissioner of public safety. Subd. 3.Prohibitions on person in lawful control. It is unlawful for
any person who is in lawful control of an all-terrain vehicle to
permit it to be operated contrary to this section. Subd. 4.
Suspension. When the judge of a juvenile court, or its duly
authorized agent, determines that a person, while less than 18 years
of age, has violated sections 84.92
to 84.929,
or other state or local law or ordinance regulating the operation of
an all-terrain vehicle, the judge or duly authorized agent shall
immediately report the determination to the commissioner and (1) may
recommend the suspension of the person's all-terrain vehicle safety
certificate, or (2) may recommend to the commissioner of public
safety, the suspension of the person's driver's license. The
commissioner may suspend the certificate without a hearing.
84.9257 Passengers. (a) A parent or guardian may
operate an all-terrain vehicle carrying one passenger who is under 16
years of age and who wears a safety helmet approved by the
commissioner of public safety. (b) For the purpose of this
section, "guardian" means a legal guardian of a person under age 16,
or a person 18 or older who has been authorized by the parent or
legal guardian to supervise the person under age 16. (c) A
person 18 years of age or older may operate an all-terrain vehicle
carrying one passenger who is 16 or 17 years of age and wears a
safety helmet approved by the commissioner of public safety. (d)
A person 18 years of age or older may operate an all-terrain vehicle
carrying one passenger who is 18 years of age or older.
84.926 Vehicle use on public lands; exceptions.
Subdivision 1. Exception by permit. Notwithstanding sections
84.773,
subdivision 1, and 84.777,
on a case by case basis, the commissioner may issue a permit
authorizing a person to operate an off-highway vehicle on individual
public trails under the commissioner's jurisdiction during specified
times and for specified purposes. Subd. 2. All-terrain
vehicles; managed or limited forests; off trail. Notwithstanding
section 84.777,
but subject to the commissioner's authority under subdivision 5, on
state forest lands classified as managed or limited, other than the
Richard J. Dorer Memorial Hardwood Forest, a person may use an
all-terrain vehicle off forest trails or forest roads when: (1)
hunting big game or transporting or installing hunting stands during
October, November, and December, when in possession of a valid big
game hunting license; (2) retrieving big game in September, when
in possession of a valid big game hunting license; (3) tending
traps during an open trapping season for protected furbearers, when
in possession of a valid trapping license; or (4) trapping
minnows, when in possession of a valid minnow dealer, private fish
hatchery, or aquatic farm license. Subd. 3. All-terrain
vehicles; closed forests; hunting. Notwithstanding section 84.777,
the commissioner may determine whether all-terrain vehicles are
allowed on specific forest roads, on state forest lands classified as
closed, for the purpose of hunting big game during an open big game
season. The determination shall be by written order as published in
the State Register and is exempt from chapter 14. Section 14.386
does not apply. Subd. 4. Off-road and all-terrain vehicles;
limited or managed forests; trails. Notwithstanding section 84.777,
but subject to the commissioner's authority under subdivision 5, on
state forest lands classified as limited or managed, other than the
Richard J. Dorer Memorial Hardwood Forest, a person may use vehicles
registered under chapter 168 or section 84.798
or 84.922
on forest trails that are not designated for a specific use when:
(1) hunting big game or transporting or installing hunting stands
during October, November, and December, when in possession of a valid
big game hunting license; (2) retrieving big game in September,
when in possession of a valid big game hunting license; (3)
tending traps during an open trapping season for protected
furbearers, when in possession of a valid trapping license; or
(4) trapping minnows, when in possession of a valid minnow dealer,
private fish hatchery, or aquatic farm license. Subd. 5.
Limitations on off-trail and undesignated trail use. The
commissioner may designate areas on state forest lands that are not
subject to the exceptions provided in subdivisions 2 and 4. Such
designations are not subject to the rulemaking provisions of chapter
14 and section 14.386
does not apply. Before designating such areas, 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 designation. Sixty
days before the public meeting, notice of the proposed 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.
84.927 All-terrain vehicle account; receipts and allocations. Subdivision 1. Registration revenue.
Fees from the registration of all-terrain vehicles and the unrefunded
gasoline tax attributable to all-terrain vehicle use under section 296A.18,
as well as the net proceeds from the sale of all-terrain vehicles
forfeited pursuant to section 169A.63,
shall be deposited in the state treasury and credited to the
all-terrain vehicle account in the natural resources fund. Subd.
2. Purposes. Subject to appropriation by the legislature,
money in the all-terrain vehicle account may only be spent for:
(1) the education and training program under section 84.925;(2) administration, enforcement, and implementation of sections
84.773
to 84.929;(3) acquisition, maintenance, and development of vehicle trails
and use areas; (4) grant-in-aid programs to counties and
municipalities to construct and maintain all-terrain vehicle trails
and use areas; (5) grants-in-aid to local safety programs; and(6) enforcement and public education grants to local law
enforcement agencies. The distribution of funds made available
through grant-in-aid programs must be guided by the statewide
comprehensive outdoor recreation plan.
84.928 Operation requirements; local regulation.
Subdivision 1. Operation on roads and rights-of-way. (a)
Unless otherwise allowed in sections 84.92
to 84.929,
a person shall not operate an all-terrain vehicle in this state along
or on the roadway, shoulder, or inside bank or slope of a public road
right-of-way of a trunk, county state-aid, or county highway other
than in the ditch or the outside bank or slope of a trunk, county
state-aid, or county highway unless prohibited under paragraph (b).(b) A road authority as defined under section 160.02,
subdivision 25, may after a public hearing restrict the use of
all-terrain vehicles in the ditch or outside bank or slope of a
public road right-of-way under its jurisdiction. (c) The
restrictions in paragraphs (a), (b), (g), (h), and (i) do not apply
to the operation of an all-terrain vehicle on the shoulder, inside
bank or slope, ditch, or outside bank or slope of a trunk,
interstate, county state-aid, or county highway when the all-terrain
vehicle is: (1) owned by or operated under contract with a
publicly or privately owned utility or pipeline company; and (2)
used for work on utilities or pipelines. (d) The commissioner
may limit the use of a right-of-way for a period of time if the
commissioner determines that use of the right-of-way causes: (1)
degradation of vegetation on adjacent public property; (2)
siltation of waters of the state; (3) impairment or enhancement
to the act of taking game; or (4) a threat to safety of the
right-of-way users or to individuals on adjacent public property.(e) The commissioner must notify the road authority as soon as it
is known that a closure will be ordered. The notice must state the
reasons and duration of the closure. (f) A person may operate an
all-terrain vehicle registered for private use and used for
agricultural purposes on a public road right-of-way of a trunk,
county state-aid, or county highway in this state if the all-terrain
vehicle is operated on the extreme right-hand side of the road, and
left turns may be made from any part of the road if it is safe to do
so under the prevailing conditions. (g) A person shall not
operate an all-terrain vehicle within the public road right-of-way of
a trunk, county state-aid, or county highway from April 1 to August 1
in the agricultural zone unless the vehicle is being used exclusively
as transportation to and from work on agricultural lands. This
paragraph does not apply to an agent or employee of a road authority,
as defined in section 160.02,
subdivision 25, or the Department of Natural Resources when
performing or exercising official duties or powers. (h) A person
shall not operate an all-terrain vehicle within the public road
right-of-way of a trunk, county state-aid, or county highway between
the hours of one-half hour after sunset to one-half hour before
sunrise, except on the right-hand side of the right-of-way and in the
same direction as the highway traffic on the nearest lane of the
adjacent roadway. (i) A person shall not operate an all-terrain
vehicle at any time within the right-of-way of an interstate highway
or freeway within this state. Subd. 1a. Crossing a public
road right-of-way. (a) An all-terrain vehicle may make a direct
crossing of a public road right-of-way provided: (1) the crossing
is made at an angle of approximately 90 degrees to the direction of
the road and at a place where no obstruction prevents a quick and
safe crossing; (2) the vehicle is brought to a complete stop
before crossing the shoulder or main traveled way of the road;
(3) the driver yields the right-of-way to all oncoming traffic that
constitutes an immediate hazard; (4) in crossing a divided road,
the crossing is made only at an intersection of the road with another
public road; and (5) if the crossing is made between the hours of
one-half hour after sunset to one-half hour before sunrise or in
conditions of reduced visibility, only if both front and rear lights
are on. (b) An all-terrain vehicle may be operated upon a
bridge, other than a bridge that is part of the main traveled lanes
of an interstate highway, or roadway shoulder or inside bank of a
public road right-of-way when required for the purpose of avoiding
obstructions to travel when no other method of avoidance is possible;
provided the all-terrain vehicle is operated in the extreme
right-hand lane, the entrance to the roadway is made within 100 feet
of the bridge or obstacle, and the crossing is made without undue
delay. (c) A person shall not operate an all-terrain vehicle
upon a public street or highway unless the vehicle is equipped with
at least one headlight and one taillight, each of minimum candlepower
as prescribed by rules of the commissioner, and with brakes
conforming to standards prescribed by rule of the commissioner, and
all of which are subject to the approval of the commissioner of
public safety. (d) An all-terrain vehicle may be operated upon a
public road right-of-way other than as provided by paragraph (b) in
an emergency during the period of time when and at locations where
the condition of the roadway renders travel by automobile
impractical. (e) Chapters 169 and 169A apply to the operation of
all-terrain vehicles upon streets and highways, except for those
provisions relating to required equipment and except those provisions
which by their nature have no application. (f) A sled, trailer,
or other device being towed by an all-terrain vehicle must be
equipped with reflective materials as required by rule of the
commissioner. (g) A driver's license is not required to operate
an all-terrain vehicle along or on a public road right-of-way if the
right-of-way encompasses a trail administered by the commissioner and
designated for all-terrain vehicle use or multiple use. (h) A
road authority as defined in section 160.02,
subdivision 25, may by permit designate corridor access trails on
public road rights-of-way for purposes of accessing established
all-terrain vehicle trails. A driver's license is not required to
operate an all-terrain vehicle on a designated corridor access trail.Subd. 2. Operation generally. A person may not drive or
operate an all-terrain vehicle: (1) at a rate of speed greater
than reasonable or proper under the surrounding circumstances;
(2) in a careless, reckless, or negligent manner so as to endanger or
to cause injury or damage to the person or property of another;
(3) without headlight and taillight lighted at all times if the
vehicle is equipped with headlight and taillight; (4) without a
functioning stoplight if so equipped; (5) in a tree nursery or
planting in a manner that damages or destroys growing stock; (6)
without a brake operational by either hand or foot; (7) with more
than one person on the vehicle, except as allowed under section 84.9257;(8) at a speed exceeding ten miles per hour on the frozen surface
of public waters within 100 feet of a person not on an all-terrain
vehicle or within 100 feet of a fishing shelter; (9) with a
snorkel device that has a raised air intake six inches or more above
the vehicle manufacturer's original air intake, except within the
Iron Range Off-Highway Vehicle Recreation Area as described in
section 85.013,
subdivision 12a, or other public off-highway vehicle recreation
areas; or (10) in a manner that violates operation rules adopted
by the commissioner. Subd. 3. Repealed, 1994 c 615 s 28
Subd. 4. Operation prohibited on airports. Except for
employees and agents while acting incident to the operation of the
airport, it is unlawful for a person to drive or operate an
all-terrain vehicle on an airport defined in section 360.013,
subdivision 39. Subd. 5. Organized contests, use of
highways and public lands and waters. Nothing in this section or
chapter 169 prohibits the use of all-terrain vehicles within the
right-of-way of a state trunk or county state-aid highway or upon
public lands or waters under the jurisdiction of the commissioner of
natural resources, in an organized contest or event, subject to the
consent of the official or board having jurisdiction over the highway
or public lands or waters. In permitting the contest or event,
the official or board having jurisdiction may prescribe restrictions
or conditions as they may deem advisable. Subd. 6.
Regulations by political subdivisions. (a) Notwithstanding any
law to the contrary, a city or town, acting through its governing
body, may by resolution or ordinance prohibit the operation of
all-terrain vehicles on city streets or town roads in its
jurisdiction provided the regulations are otherwise consistent with
sections 84.92
to 84.929.(b) A county or city, or a town acting by its town board, may
regulate the operation of all-terrain vehicles on public lands,
waters, and property under its jurisdiction other than public road
rights-of-way within its boundaries, by resolution or ordinance of
the governing body and by giving appropriate notice, provided:
(1) the regulations must be consistent with sections 84.92
to 84.929
and rules adopted under section 84.924;(2) an ordinance may not impose a fee for the use of public land
or water under the jurisdiction of either the Department of Natural
Resources or other agency of the state, or for the use of an access
to it owned by the state or a county or a city; and (3) an
ordinance may not require an all-terrain vehicle operator to possess
a motor vehicle driver's license while operating an all-terrain
vehicle. (c) Notwithstanding any law to the contrary, a county
board by ordinance may allow the operation of all-terrain vehicles on
the road right-of-way shoulder, or inside bank or slope of a county
highway or county state-aid highway, if: (1) the highway is in
the agricultural zone; or (2) safe operation in the ditch or
outside slope is impossible, and the county posts the appropriate
notice. Subd. 7. Repealed, 1989 c 331 s 26
84.929 Penalties. Any person who violates any
provision of sections 84.92
to 84.928
or rules of the commissioner is guilty of a misdemeanor.
84.930 Motorized trail grants-in-aid. (a) This
section applies to grants-in-aid for motorized trail construction and
maintenance under sections 84.794,
84.803,
84.83,
and 84.927.(b) If the commissioner of natural resources determines that a
grant-in-aid recipient has violated any federal or state law or any
of the terms of the grant agreement with the commissioner, the
commissioner may withhold all grant payments for any work occurring
after the date the recipient was notified of the violation and seek
restitution for any property damage caused by the violation. (c)
A grant-in-aid recipient may appeal the commissioner's decision under
paragraph (b) in a contested case hearing under section 14.58.

84.94 Aggregate planning and protection. Subdivision
1. Purpose. It is the purpose of this section to protect
aggregate resources; to promote orderly and environmentally sound
development; to spread the burden of development; and to introduce
aggregate resource protection into local comprehensive planning and
land use controls. Subd. 2. Definition. For the purpose
of this section, "municipality" means a home rule charter or
statutory city, or a town. Subd. 3. Identification and
classification. The Department of Natural Resources, with the
cooperation of the state Geological Survey, Departments of
Transportation, and Energy, Planning and Development, outside of the
metropolitan area as defined in section 473.121,
shall conduct a program of identification and classification of
potentially valuable publicly or privately owned aggregate lands
located outside of urban or developed areas where aggregate mining is
restricted, without consideration of their present land use. The
program shall give priority to identification and classification in
areas of the state where urbanization or other factors are or may be
resulting in a loss of aggregate resources to development. Lands
shall be classified as: (1) identified resources, being those
containing significant aggregate deposits; (2) potential
resources, being those containing potentially significant deposits
and meriting further evaluation; or (3) subeconomic resources,
being those containing no significant deposits. As lands are
classified, the information on the classification shall be
transmitted to each of the departments and agencies named in this
subdivision, to the planning authority of the appropriate county and
municipality, and to the appropriate county engineer. The county
planning authority shall notify owners of land classified under this
subdivision by publication in a newspaper of general circulation in
the county or by mail. Subd. 4. Local action. Each
planning authority of a county or municipality receiving information
pursuant to subdivision 3 shall consider the protection of identified
and important aggregate resources in their land use decisions.
84.941 Policy. It is the policy of the state that
fish and wildlife are renewable natural resources to be conserved and
enhanced through planned scientific management, protection, and
utilization.
84.942 Fish and wildlife resources management plan.
Subdivision 1. Preparation. The commissioner of natural
resources shall prepare a comprehensive fish and wildlife management
plan designed to accomplish the policy of section 84.941.
The comprehensive fish and wildlife management plan shall include a
strategic plan as outlined in subdivision 2. The strategic plan must
be completed by July 1, 1986. The management plan must also include
the long-range and operational plans as described in subdivisions 3
and 4. The management plan must be completed by July 1, 1988.
Subd. 2. Strategic plan. The strategic plan must be updated
every six years and include: (1) an issues analysis describing
major fish and wildlife management problems; (2) a description of
strategies to address management problems; and (3) an assessment
of the need for additional fish and wildlife research facilities.Subd. 3. Long-range plan. The long-range plan must be
updated every six years and include: (1) an assessment of
historical, present, and projected demand for fish and wildlife
resources; (2) an assessment of the capability of fish and
wildlife resources to meet present and future demand; (3)
development of a database capable of continuous updating and usable
as a resource management tool; and (4) a statement of major
goals, objectives, and policies to address fish and wildlife resource
management issues. Subd. 4. Operational plan. The
operational plan must be reviewed and updated every two years. The
operational plan must include the following: (1) a description of
specific actions needed to address resource management issues;
(2) an estimate of the expenditures necessary to implement the
management actions and a description of the sources and amounts of
revenue available; (3) a procedure to review expenditures and
evaluate the effectiveness of the management program; and (4)
recommendations for additional actions necessary to meet fish and
wildlife management needs. Subd. 5. Public agency
coordination. The commissioner of natural resources must
coordinate fish and wildlife planning efforts with appropriate public
agencies to achieve optimum public benefit. Subd. 6. Public
involvement. The commissioner of natural resources must make fish
and wildlife management plans available for public input, review, and
comment.
84.943 Minnesota critical habitat private sector matching account. Subdivision 1. Establishment. The
Minnesota critical habitat private sector matching account is
established as a separate account in the reinvest in Minnesota
resources fund established under section 84.95.
The account shall be administered by the commissioner of natural
resources as provided in this section. Subd. 2. Funding
sources. The critical habitat private sector matching account
shall consist of contributions from private sources and
appropriations. Subd. 3. Appropriations must be matched by
private funds. Appropriations transferred to the critical habitat
private sector matching account and money credited to the account
under section 168.1296,
subdivision 5, may be expended only to the extent that they are
matched equally with contributions to the account from private
sources or by funds contributed to the nongame wildlife management
account. The private contributions may be made in cash or in
contributions of land or interests in land that are designated by the
commissioner of natural resources as program acquisitions.
Appropriations transferred to the account that are not matched within
three years from the date of the appropriation shall cancel to the
source of the appropriation. For the purposes of this section, the
private contributions of land or interests in land shall be valued in
accordance with their appraised value. Subd. 4.
Management. The critical habitat private sector matching account
shall be managed to earn the highest interest compatible with prudent
investment, preservation of principal, and reasonable liquidity.
Unless an appropriation to the account reverts to its original source
under subdivision 3, the principal and interest in the account remain
in the account until expended as provided in this section. Subd.
5. Pledges and contributions. The commissioner of natural
resources may accept contributions and pledges to the critical
habitat private sector matching account. A pledge that is made
contingent on an appropriation is acceptable and shall be reported
with other pledges as required in this section. In the budget
request for each biennium, the commissioner shall report the balance
of contributions in the account and the amount that has been pledged
for payment in the succeeding two calendar years. Money in the
account is appropriated to the commissioner of natural resources only
for the direct acquisition or improvement of land or interests in
land as provided in section 84.944.
To the extent of available appropriations other than bond proceeds,
the money matched to the nongame wildlife management account may be
used for the management of nongame wildlife projects as specified in
section 290.431.
Acquisition includes: (1) purchase of land or an interest in land by
the commissioner; or (2) acceptance by the commissioner of gifts of
land or interests in land as program projects.
84.944 Acquisition of critical natural habitat.
Subdivision 1. Acquisition considerations. (a) In
determining what critical natural habitat shall be acquired or
improved, the commissioner shall consider: (1) the significance
of the land or water as existing or potential habitat for fish and
wildlife and providing fish and wildlife oriented recreation; (2)
the significance of the land, water, or habitat improvement to
maintain or enhance native plant, fish, or wildlife species
designated as endangered or threatened under section 84.0895;(3) the presence of native ecological communities that are now
uncommon or diminishing; and (4) the significance of the land,
water or habitat improvement to protect or enhance natural features
within or contiguous to natural areas including fish spawning areas,
wildlife management areas, scientific and natural areas, riparian
habitat and fish and wildlife management projects. (b) Based on
the above clauses, the commissioner by rule must establish a process
to prioritize what critical habitat shall be acquired or improved.Subd. 2. Designation of acquired sites. The critical
natural habitat acquired in fee title by the commissioner under this
section shall be designated by the commissioner as: (1) an outdoor
recreation unit pursuant to section 86A.07,
subdivision 3, or (2) as provided in sections 89.018,
subdivision 2, paragraph (a), 97A.101,
97A.125,
97C.001,
and 97C.011.
The commissioner may so designate any critical natural habitat
acquired in less than fee title. Subd. 3. County
acquisition approval. The commissioner must follow the procedures
under section 97A.145,
subdivision 2, for critical natural habitat acquired under this
section.
84.95 Reinvest in Minnesota resources fund.
Subdivision 1. Program fund; establishment. A reinvest in
Minnesota resources fund is created as a separate fund in the state
treasury. The fund shall be managed to earn the highest interest
compatible with prudent investment, preservation of principal, and
reasonable liquidity. The principal and interest attributable to the
principal shall remain in the fund until spent. Proceeds of state
bonds issued for purposes of the fund shall be segregated in a
special account and disbursed only for capital costs of the
acquisition and betterment of public land and easements in land and
improvements in land for which the proceeds are appropriated.
Subd. 2. Purposes and expenditures. Money from the reinvest
in Minnesota resources fund may only be spent for the following fish
and wildlife conservation enhancement purposes: (1) development
and implementation of the comprehensive fish and wildlife management
plan under section 84.942;(2) implementation of the conservation reserve program
established by section 103F.515;(3) soil and water conservation practices to improve water
quality, reduce soil erosion and crop surpluses; (4) enhancement
or restoration of fish and wildlife habitat on lakes, streams,
wetlands, and public and private forest lands; (5) acquisition
and development of public access sites and recreation easements to
lakes, streams, and rivers for fish and wildlife oriented recreation;(6) matching funds with government agencies, federally recognized
Indian tribes and bands, and the private sector for acquisition and
improvement of fish and wildlife habitat; (7) research and
surveys of fish and wildlife species and habitat; (8) enforcement
of natural resource laws and rules; (9) information and
education; (10) implementing the aspen recycling program under
section 88.80
and for other forest wildlife management projects; and (11)
necessary support services to carry out these purposes. Subd. 3.
Repealed, 2004 c 255 s 51
84.96 Native prairie bank. Subdivision 1.
Establishment. The commissioner shall establish a native prairie
bank, determine where native prairie land is located in the state,
and prescribe eligibility requirements for inclusion of land in the
native prairie bank. Subd. 2. Definition. For the
purposes of this section, "native prairie" means land that has never
been plowed, with less than ten percent tree cover and with
predominantly native prairie vegetation. Subd. 3. Easement
acquisition. (a) The commissioner may acquire native prairie for
conservation purposes 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.(b) The easements may be permanent or of limited duration.
Highest priority must be given to permanent easements consistent with
the purposes of this section. Easements of limited duration must be
for at least 20 years, with provision for renewal for at least
another 20-year period. For easements of limited duration, the
commissioner may reexamine and adjust the payment rates at the
beginning of any renewal period after considering current land and
crop values. Subd. 4. Easement agreement. (a) In the
easement between the commissioner and an owner, the owner must agree:(1) to place in the program for the period of the easement
eligible native prairie areas designated by the owner, including
prairie covered by a federal or state easement that allows
agricultural use and desirable land adjacent to the prairie as
determined by the commissioner; (2) not to alter the native
prairie by plowing, heavy grazing, seeding to nonnative grasses or
legumes, spraying with large amounts of herbicides, or otherwise
destroying the native prairie character of the easement area, except
mowing the native prairie tract for wild hay may qualify for easement
as determined by the commissioner; (3) to implement the native
prairie conservation and development plan as provided in the easement
agreement, unless a requirement in the easement agreement is waived
or modified by the commissioner; (4) to forfeit all rights to
further payments under the terms of the easement and to refund to the
state all payments received under the easement if the easement is
violated at any time when the owner has control of the land subject
to the easement, if the commissioner determines that the violation
warrants termination of the easement, or if the commissioner
determines that the violation does not warrant termination of the
easement, the commissioner may determine refunds or payment
adjustments to be paid by the commissioner; (5) not to adopt a
practice specified by the commissioner in the easement as a practice
that would tend to defeat the purposes of the easement; and (6)
to additional provisions included in the easement that the
commissioner determines are desirable. (b) In return for the
easement of the owner, the commissioner shall make payments as
provided in subdivision 5 and may provide advice on conservation and
development practices on the native prairie in the easement and
adjacent areas. Subd. 5. Payments. (a) The commissioner
must make payments to the landowner under this subdivision for the
easement. (b) For a permanent easement, the commissioner must
pay 65 percent of the permanent marginal agricultural land payment
rate as established by the Board of Water and Soil Resources for the
time period when the application is made. (c) For an easement of
limited duration, the commissioner must pay 65 percent of the
permanent prairie bank easement rate for the time period when the
application is made. (d) To maintain and protect native
prairies, the commissioner may enter into easements that allow
selected agricultural practices. Payment must be based on paragraph
(b) or (c) but may be reduced due to the agricultural practices
allowed after negotiation with the landowner. Subd. 6.
Renewal. 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 and the owner, subject to any rate
redetermination by the commissioner. Subd. 7. Easement runs
with land. If during the easement period the owner sells or
otherwise disposes of the ownership or right of occupancy of the
land, the new owner must continue the easement under the same terms
or conditions. Subd. 8. Modification and termination by
agreement. The commissioner may terminate an easement by mutual
agreement with the owner if the commissioner determines that the
termination would be in the public interest. The commissioner may
agree to modifications of agreements if the commissioner determines
the modification is desirable to implement the native prairie
program. Subd. 9. Rules. The commissioner of natural
resources may adopt rules that include the procedures and payment
rates to implement this section.
84.961 Prairie land management. Subdivision 1.
Native prairie values. The commissioner of natural resources must
recognize the value of native prairie land by taking into
consideration the wildlife, scientific, erosion control, educational,
and recreational benefits of native prairie. Subd. 2.
Planning. The commissioner must plan for management, development,
and restoration of: (1) prairie land under the commissioner's
jurisdiction; and (2) prairie landscape reserves, comprised of an
integrated network of protected prairie lands, prairie restoration
sites, and private prairie lands. Subd. 3. Prairie
landscape reserves. The commissioner must develop and manage
permanent prairie landscape reserves to maintain the native plant and
animal populations, landscape features, and habitat types that are
characteristic of intact native prairie ecosystems. Management
practices may include haying and grazing. Subd. 4. Prairie
biologist. The position of prairie biologist is established in
the Department of Natural Resources to plan, develop, and manage
native prairie reserves and prairie land under this section. The
prairie biologist shall be located within the central part of the
prairie region and be under the supervision of the scientific and
natural areas program.
84.963 Prairie plant seed production areas. The
commissioner of natural resources shall study the feasibility of
establishing private or public prairie plant seed production areas
within prairie land locations. If prairie plant seed production is
feasible, the commissioner may aid the establishment of production
areas. The commissioner may enter cost-share or sharecrop agreements
with landowners having easements for conservation purposes of ten or
more years on their land to commercially produce prairie plant seed
of Minnesota origin. The commissioner may only aid prairie plant
seed production areas on agricultural land used to produce crops
before December 23, 1985, and cropped three out of five years between
1981 and 1985.
84.964 Interagency native vegetation task force. (a)
An interagency task force on native plant conservation is established
composed of the commissioners or their designees of the Departments
of Agriculture, Natural Resources, Transportation, and the Pollution
Control Agency and the executive director or designee of the Board of
Water and Soil Resources. The commissioner of natural resources or
the commissioner's designee shall chair the task force. (b) The
purpose of the task force is to identify priority conservation needs
for native plants and their habitats in the ecological regions of the
state, and to coordinate implementation of interagency programs to
address those needs. The task force shall also ensure, to the
greatest extent practicable, that native plant species and
communities are maintained, enhanced, restored, or established on
public lands, and are promoted on private lands.
84.965 Approval of project by governor. Subdivision
1. Project coordination. The commissioner of natural
resources shall develop a plan that establishes: a priority for
unemployed youths who are economically, socially, physically, or
educationally disadvantaged; the ways in which participants will be
assisted in gaining ongoing employment or training upon completing
the projects; the ways in which exclusive bargaining representatives
are to be consulted in regard to the positions and job duties of
persons employed in projects; and how the projects are coordinated
with other publicly authorized or subsidized programs. Subd. 2.Corps member status; fees. All camp staff except camp
directors in the young adult program are corps members. Corps
members are not covered for unemployment benefits if their services
are excluded under section 268.035,
subdivision 20, and they are not eligible for other benefits except
workers' compensation. The corps members are not employees of the
state of Minnesota within the meaning of section 43A.02,
subdivision 21. The commissioner may charge a fee for any service
performed by the corps.
84.966 Repealed, 1996 c 385 art 2 s 8
84.967 Repealed, 1996 c 385 art 2 s 8
84.968 Repealed, 1996 c 385 art 2 s 8
84.969 Repealed, 1996 c 385 art 2 s 8
84.9691 Repealed, 1996 c 385 art 2 s 8
84.9692 Repealed, 1996 c 385 art 2 s 8
84.9695 Renumbered 17.457
84.97 Controlled burning. Subdivision 1.
Program established. The commissioner may establish a controlled
burning program on public and private land to propagate wildlife
requiring new vegetative growth and brush habitats, to manage the
prairie, and to reduce the wildfire hazard. Subd. 2.
Burning permits. (a) A person may not conduct a controlled burn
without a permit. (b) The commissioner may provide a manual that
describes financial and technical assistance available and provides
detailed information on conducting a controlled burn. Subd. 3.Assistance for private burns. The commissioner may provide
financial and technical assistance to persons who desire to conduct
controlled burns approved by the commissioner. Technical assistance
includes controlled burn plan development, demonstration controlled
burns, and personnel assistance for a controlled burn.