USA Statutes : minnesota
Title : RECREATION
Chapter : Division of parks and recreation
85.01 Repealed, 1943 c 60 s 12
85.011 Confirmation of creation and establishment of state parks, monuments, recreation reserves and waysides. The legislature of this
state has provided for the creation and establishment of state parks,
designated monuments, recreation reserves and waysides for the
purpose of conserving the scenery, natural and historic objects and
wildlife and to provide for the enjoyment of the same in such manner
and by such means as will leave them unimpaired for the enjoyment of
future generations. The establishment of such state parks,
designated monuments, recreation reserves and waysides is hereby
confirmed as provided in this section and sections 85.012
and 85.013
and they shall remain perpetually dedicated for the use of the people
of the state for park purposes. The enumerated state parks,
state monuments, state recreation areas, and state waysides shall
consist of the lands and other property authorized therefor before
January 1, 1969, together with such other lands and properties as may
be authorized therefor on or after January 1, 1969.
85.0115 Notice of additions and deletions. The commissioner of natural resources shall
publish a notice and description of proposed additions to and
deletions from legislatively designated boundaries of state parks in
a legal newspaper of general circulation in each county that is
affected, and shall mail a copy of such notice and description to the
chair of the affected county board or boards and to each affected
landowner.
85.012 State parks.
Subdivision 1. State parks established and confirmed as state parks
together with the counties in which they are situated are listed in
this section and shall be named as indicated in this section.
The lands described in the session laws establishing or changing the
boundaries of each state park are included in the state parks so
established or changed. The commissioner of natural resources is
authorized to acquire by gift or purchase the lands as described.
Any land which now is or hereafter becomes tax-forfeited land and is
located within the described park boundaries is hereby withdrawn from
sale and is transferred from the custody, control, and supervision of
the county board of the county to the commissioner of natural
resources, free from any trust in favor of the interested taxing
districts. The commissioner shall execute a certificate of
acceptance of the lands on behalf of the state for such purposes and
transmit the same to the county auditor of the county for record as
provided by law in the case of tax-forfeited land transferred to the
commissioner by resolution of the county board for conservation
purposes. Any lands within the described boundaries which may be
owned by the United States and managed by any of its agents may be
acquired by land exchange, direct transfer, or purchase as federal
laws may prescribe. The lands acquired pursuant to any session laws
establishing or changing the boundaries of a state park shall be
administered in the manner provided for state parks and shall be
perpetually dedicated for such use. Subd. 1a. Afton State Park,
Washington County.
85.013 State monuments, recreation areas, and waysides. Subdivision 1. Names,
acquisition; administration. (a) Designated monuments, recreation
reserves, and waysides heretofore established and hereby confirmed as
state monuments, state recreation areas and state waysides together
with the counties in which they are situated are listed in this
section and shall hereafter be named as indicated in this section.(b) Any land that now is or hereafter becomes tax-forfeited land
and is located within the described boundaries of a state recreation
area as defined by session laws is hereby withdrawn from sale and is
transferred from the custody, control, and supervision of the county
board of the county to the commissioner of natural resources, free
from any trust in favor of the interested taxing districts. The
commissioner shall execute a certificate of acceptance of the lands
on behalf of the state for such purposes and transmit the same to the
county auditor of the county for record as provided by law in the
case of tax-forfeited land transferred to the commissioner by
resolution of the county board for conservation purposes.
85.014 Prior laws not altered; revisor's duties. In compiling the next and subsequent
editions of Minnesota Statutes the revisor of statutes shall
substitute the provisions of sections 85.011
to 85.013,
in accordance with the statutory numbering proposed therein, for
sections 85.07
to 85.197.
Such substitution shall in no way alter the effect of the laws from
which said sections 85.07
to 85.197
are derived nor operate as a repeal of any of the provisions of said
sections. The revisor may include as a note after each of the above
named state parks, monuments, recreation areas and waysides a
reference to the various laws establishing and relating to said park,
monument, recreation area and wayside and shall make such
rearrangement of the material in this chapter, as is necessary to
carry out the provisions of this section. To the extent possible,
the revisor shall include, in sections 85.012
and 85.013,
new state parks, monuments, recreation areas, and waysides when
established pursuant to law.
85.015 State trails.
Subdivision 1. Acquisition. (a) The commissioner of natural
resources shall establish, develop, maintain, and operate the trails
designated in this section. Each trail shall have the purposes
assigned to it in this section. The commissioner of natural
resources may acquire lands by gift or purchase, in fee or easement,
for the trail and facilities related to the trail. (b)
Notwithstanding the offering to public entities, public sale, and
related notice and publication requirements of sections 94.09
to 94.165,
the commissioner of natural resources, in the name of the state, may
sell surplus lands not needed for trail purposes at private sale to
adjoining property owners and leaseholders. The conveyance must be
by quitclaim in a form approved by the attorney general for a
consideration not less than the appraised value. Subd. 1a.
Private subsurface use of trails. Notwithstanding section 272.68,
subdivision 3, the commissioner may issue a permit, without a fee, to
allow a person who owns land adjacent to a trail established under
this section on land owned by the state in fee to continue a
subsurface use of the trail right-of-way, if: (1) the person was
carrying on the use when the state acquired the land for the trail;
and (2) the use does not interfere with the public's use of the
trail. Subd. 1b. Easements for ingress and egress.
Notwithstanding section 16A.695,
when a trail is established under this section, a private property
owner who has a preexisting right of ingress and egress over the
trail right-of-way is granted, without charge, a permanent easement
for ingress and egress purposes only. The easement is limited to the
preexisting crossing and reverts to the state upon abandonment.
Nothing in this subdivision is intended to diminish or alter any
written or recorded easement that existed before the state acquired
the land for the trail. Subd. 1c. Repealed, 1999 c 4 s 5
Subd. 2. Casey Jones Trail, Murray, Redwood, and Pipestone
Counties. (a) The trail shall originate in Lake Shetek State Park
in Murray County and include the six-mile loop between Currie in
Murray County and Lake Shetek State Park. From there, the first half
of the trail shall trail southwesterly to Slayton in Murray County;
thence westerly to the point of intersection with the most easterly
terminus of the state-owned abandoned railroad right-of-way, commonly
known as the Casey Jones unit; thence westerly along said Casey Jones
unit to Pipestone in Pipestone County; thence southwesterly to Split
Rock Creek State Park in Pipestone County, and there terminate. The
second half of the trail shall commence in Lake Shetek State Park in
Murray County and trail northeasterly to Walnut Grove in Redwood
County and there terminate. (b) The trail shall be developed as
a multiuse, multiseasonal, dual treadway trail. Nothing herein shall
abrogate the purpose for which the Casey Jones unit was originally
established, and the use thereof shall be concurrent. Subd. 3.Countryview Bicycle Trail, Ramsey and Washington Counties.
(a) The trail shall originate at Phalen Park in St. Paul and thence
extend easterly through Oakdale and Lake Elmo to a point near South
Twin Lake, and thence extend to Stillwater in Washington County and
there terminate. (b) The trail shall be developed primarily for
the use of bicycles. The commissioner may contract and enter
into other agreements with state and local road authorities and with
local governments in regard to the establishment, development,
maintenance, and operation of the trail, including but not limited to
speed regulation and signing of the trail. Subd. 4. Douglas
Trail, Olmsted, Wabasha, and Goodhue Counties. (a) The trail
shall originate at Rochester in Olmsted County and shall follow the
route of the Chicago Great Western Railroad to Pine Island in Goodhue
County and there terminate. (b) Additional trails may be
established that extend the Douglas Trail system to include Pine
Island, Mazeppa in Wabasha County to Zumbrota, Bellechester, Goodhue,
and Red Wing in Goodhue County. In addition to the criteria in
section 86A.05,
subdivision 4, these trails must utilize abandoned railroad
rights-of-way where possible. (c) The trail shall be developed
primarily for riding and hiking. (d) Under no circumstances
shall the commissioner acquire any of the right-of-way of the Chicago
Great Western Railroad until the abandonment of the line of railway
described in this subdivision has been approved by the Surface
Transportation Board or the former Interstate Commerce Commission.Subd. 5. Glacial Lakes Trail, Kandiyohi, Pope, and Douglas
Counties. (a) The trail shall originate at Kandiyohi County Park
on the north shore of Green Lake in Kandiyohi County and thence
extend northwesterly to Sibley State Park, thence northwesterly to
Glacial Lakes State Park in Pope County, thence northeasterly to Lake
Carlos State Park in Douglas County, and there terminate. (b)
Trails may be established that extend the Glacial Lakes Trail system
from New London to Cold Spring. (c) The trail shall be developed
primarily for riding and hiking. Subd. 6. Minnesota Valley
Trail, Hennepin, Dakota, Scott, Carver, Sibley and Le Sueur
Counties. (a) The trail shall originate at Fort Snelling State
Park and thence extend generally southwesterly along the Minnesota
River Valley through Hennepin, Dakota, Scott, Carver, Sibley, and Le
Sueur Counties to the city of Le Sueur, and there terminate. The
trail shall include the following state waysides: (a) Rice Lake
Wayside, in Scott County; (b) Carver Rapids Wayside, in Scott County;
(c) Lawrence wayside, in Scott county; (d) Belle Plaine Wayside, in
Carver, Scott, and Sibley Counties; (e) Blakeley Wayside, in Scott
County; and (f) Rush River Wayside, in Sibley County. (b) The
trail shall be developed primarily for riding and hiking. Motorized
vehicles are prohibited from that portion of the trail on the north
side of the Minnesota River, lying between Fort Snelling State Park
and Rice Lake Wayside. (c) In establishing, developing,
maintaining, and operating the trail the commissioner shall cooperate
with local units of government and private individuals and groups
whenever feasible. Subd. 7. Blufflands Trail system,
Fillmore, Olmsted, Winona, and Houston Counties. (a) The Root
River Trail shall originate at Chatfield in Fillmore County, and
thence extend easterly in the Root River Valley to the intersection
of the river with Minnesota Trunk Highway No. 26 in Houston County,
and extend to the Mississippi River. (b) Additional trails may
be established that extend the Blufflands Trail system to include La
Crescent, Hokah, Caledonia, and Spring Grove in Houston County;
Preston, Harmony, Fountain, Wykoff, Spring Valley, Mabel, Canton, and
Ostrander in Fillmore County; Dover, Eyota, Stewartville, Byron, and
Chester Woods County Park in Olmsted County; and Winona, Minnesota
City, Rollingstone, Altura, Lewiston, Utica, St. Charles, and Elba in
Winona County. In addition to the criteria in section 86A.05,
subdivision 4, these trails must utilize abandoned railroad
rights-of-way where possible. (c) The trails shall be developed
primarily for nonmotorized riding and hiking. Subd. 8.
Sakatah Singing Hills trail, Blue Earth, Le Sueur, and Rice
Counties. (a) The trail shall originate at mile post 4.1 of the
Chicago and Northwestern Railway Company right-of-way in the junction
of Benning, Blue Earth County, and shall extend in a northeasterly
direction along the railroad right-of-way to mile post 46.01
of the Chicago and Northwestern Railway at a point commonly known as
Faribault Junction in Rice County, a distance of approximately 42
miles, and there terminate. (b) The trail shall be developed
primarily for riding and hiking. Motorized vehicles, except
snowmobiles, are prohibited from the trail. Subd. 8a. Mill
Towns Trail. (a) The trail shall originate at a point commonly
known as Faribault Junction in Rice County, the termination point of
the Sakatah Singing Hills Trail, and shall extend through the towns
of Faribault, Dundas, Northfield, Waterford, and Randolph, to the
termination point of the Cannon Valley Trail in Cannon Falls. The
trail may be located within the Cannon River Wild, Scenic, and
Recreational Land Use District. (b) The trail shall be developed
primarily for riding and hiking. Motorized vehicles, except
snowmobiles, are prohibited from the trail. Subd. 9. Repealed,
1973 c 684 s 3 Subd. 10. Luce Line Trail. (a) The trail
shall originate at Gleason Lake in Plymouth Village, Hennepin County,
and shall follow the route of the Chicago Northwestern Railroad.
(b) The trail shall be developed for multiuse wherever feasible. The
department shall cooperate in maintaining its integrity for modes of
use consistent with local ordinances. (c) In establishing,
developing, maintaining, and operating the trail, the commissioner
shall cooperate with local units of government and private
individuals and groups. Before acquiring any parcel of land for the
trail, the commissioner of natural resources shall develop a
management program for the parcel and conduct a public hearing on the
proposed management program in the vicinity of the parcel to be
acquired. The management program of the commissioner shall include
but not be limited to the following: (a) fencing of portions of the
trail where necessary to protect adjoining landowners; and (b) the
maintenance of the trail in a litter free condition to the extent
practicable. (d) The commissioner shall not acquire any of the
right-of-way of the Chicago Northwestern Railway Company until the
abandonment of the line described in this subdivision has been
approved by the Surface Transportation Board or the former Interstate
Commerce Commission. Compensation, in addition to the value of the
land, shall include improvements made by the railroad, including but
not limited to, bridges, trestles, public road crossings, or any
portion thereof, it being the desire of the railroad that such
improvements be included in the conveyance. The fair market value of
the land and improvements shall be recommended by two independent
appraisers mutually agreed upon by the parties. The fair market
value thus recommended shall be reviewed by a review appraiser agreed
to by the parties, and the fair market value thus determined, and
supported by appraisals, may be the purchase price. The commissioner
may exchange lands with landowners abutting the right-of-way
described in this section to eliminate diagonally shaped separate
fields. Subd. 11. Willard Munger Trail, Ramsey, Anoka,
Washington, Chisago, Pine, and Carlton Counties. (a) The trail
shall originate in the vicinity of Arden Hills, Ramsey County, and
thence extend northeasterly, traversing Anoka and Washington Counties
to the vicinity of Taylors Falls in Chisago County; thence
northwesterly and northerly to St. Croix State Park in Pine County;
thence northerly to Jay Cooke State Park in Carlton County, and there
terminate. (b) The trail shall be developed primarily for riding
and hiking. (c) Additional trails shall be established that
extend the Willard Munger Trail to include Proctor and Hermantown in
St. Louis County. Subd. 12. Heartland Trail, Hubbard and
Cass Counties. (a) The trail shall originate at mile post 90.92
at Park Rapids in Hubbard County and shall extend in an easterly
direction along the Burlington Northern Railroad right-of-way through
Walker in Cass County. The trail shall then continue in a northerly
direction along the Burlington Northern Railroad right-of-way to Cass
Lake in Cass County, and there terminate. (b) The trail shall be
developed primarily for riding and hiking. (c) In addition to
the authority granted in subdivision 1, lands and interests in lands
for the Heartland Trail may be acquired by eminent domain. Before
acquiring any land or interest in land by eminent domain the
commissioner of administration shall obtain the approval of the
governor. The governor shall consult with the Legislative Advisory
Commission before granting approval. Recommendations of the
Legislative Advisory Commission shall be advisory only. Failure or
refusal of the commission to make a recommendation shall be deemed a
negative recommendation. Subd. 13. Arrowhead Region Trails,
in Cook, Lake, St. Louis, Koochiching and Itasca Counties.
(a)(1) The Taconite Trail shall originate at Ely in St. Louis County
and extend southwesterly to Tower in St. Louis County, thence
westerly to McCarthy Beach State Park in St. Louis County, thence
southwesterly to Grand Rapids in Itasca County and there terminate;(2) The Northshore Trail shall originate in Duluth in St. Louis
County and extend northeasterly to Two Harbors in Lake County, thence
northeasterly to Grand Marais in Cook County, thence northeasterly to
the international boundary in the vicinity of the north shore of Lake
Superior, and there terminate; (3) The Grand Marais to
International Falls Trail shall originate in Grand Marais in Cook
County and extend northwesterly, outside of the Boundary Waters Canoe
Area, to Ely in St. Louis County, thence southwesterly along the
route of the Taconite Trail to Tower in St. Louis County, thence
northwesterly through the Pelican Lake area in St. Louis County to
International Falls in Koochiching County, and there terminate.
(b) The trails shall be developed primarily for riding and hiking.(c) In addition to the authority granted in subdivision 1, lands
and interests in lands for the Arrowhead Region trails may be
acquired by eminent domain. Before acquiring any land or interest in
land by eminent domain the commissioner of administration shall
obtain the approval of the governor. The governor shall consult with
the Legislative Advisory Commission before granting approval.
Recommendations of the Legislative Advisory Commission shall be
advisory only. Failure or refusal of the commission to make a
recommendation shall be deemed a negative recommendation. Subd.
14. State Trail, Chisago, Ramsey, and Washington Counties.
(a) The trail shall originate at the State Capitol and shall extend
northerly and northeasterly to William O'Brien State Park, thence
northerly to Taylors Falls in Chisago County, and there terminate.(b) The trail shall be developed primarily for hiking and
nonmotorized riding. (c) In addition to the authority granted in
subdivision 1, lands and interests in lands for the trail may be
acquired by eminent domain. (d) The commissioner of natural
resources, after consulting with all local units of government
affected by the trail, and with the commissioner of transportation
and the Metropolitan Council, shall prepare a master plan for the
trail. After completion of the master plan, any land or interest in
land not needed for the trail may be disposed of by the commissioner
of natural resources as follows: (1) by transfer to the
Department of Transportation, the Historical Society, or another
state agency; (2) by sale at not less than the purchase price to
a city, town, school district, park district, or other political
subdivision whose boundaries include or are adjacent to the land, for
public purposes only, after written notice to each of these political
subdivisions; or (3) if no offer to purchase is received from any
political subdivision within one year after the completion of the
master plan, then by public sale, at not less than the purchase
price, upon notice published in the manner provided in section 92.14,
and otherwise in the same manner as trust fund lands are sold, so far
as applicable. All proceeds derived from sales of unneeded land
and interest in land shall be deposited in the state bond fund. For
the purposes of United States Code, title 23, section 138, and title
49, section 1653(f), any land or interest in land not needed for the
trail and transferred to another state agency, or sold, does not
constitute permanent park, recreation area, or wildlife or waterfowl
refuge facility land. Subd. 15. Paul Bunyan Trail, Crow
Wing, Cass, Hubbard, and Beltrami Counties. The trail shall
originate in Crow Wing State Park in Crow Wing County and shall
extend through the city of Baxter and in a northerly direction along
the Burlington Northern Railroad right-of-way, intersecting the
Heartland State Trail southwest of the city of Walker in Cass County.
The trail shall continue on the Heartland State Trail through the
city of Walker, then in a northwesterly direction along the
Burlington Northern Railroad right-of-way to the city of Bemidji in
Beltrami County and terminate in Lake Bemidji State Park. Subd.
16. Superior Vista Trail; St. Louis and Lake Counties. The
trail shall originate at the city of Duluth and shall extend in a
northeasterly direction along the shoreline of Lake Superior to the
city of Two Harbors. The trail shall be designed for bicycles and
hikers, shall utilize existing highway and railroad right-of-way
where possible, and shall be laid out in a manner to maximize the
view of Lake Superior while traversing the length of the trail.
Subd. 17. Shooting Star Trail, Mower County. (a) The trail
shall originate in the city of LeRoy and extend in a northwesterly
direction through Lake Louise State Park and the cities of Taopi,
Adams, Rose Creek, and Lyle, to the city of Austin. (b)
Additional trails shall be established to connect with the Bluffland
Trail system in Fillmore County and the trail from Riceville, Iowa.(c) The trail shall be developed primarily for hiking and
nonmotorized riding. Subd. 18. Prairie Wildflower Trail,
Mower, Dodge, Steele and Rice Counties. (a) The trail shall
follow an abandoned railroad line originating in the city of Austin
and extending northwesterly through Blooming Prairie and Owatonna to
the city of Faribault. (b) The trail shall be developed
primarily for hiking and nonmotorized riding. Subd. 19.
Blazing Star Trail, Freeborn and Mower Counties. (a) The trail
shall originate in the city of Albert Lea and extend to the city of
Austin. (b) The trail shall be developed primarily for hiking
and nonmotorized riding. Subd. 20. Stagecoach Trail;
Steele, Dodge, and Olmsted Counties. The trail shall originate at
the Douglas Trail near the city of Rochester in Olmsted County and
extend westerly along the Zumbro River Valley to the city of
Mantorville and the village of Wasioja in Dodge County, following as
closely as possible the Historic Stagecoach Trail to Wasioja, through
Rice Lake State Park to the city of Owatonna in Steele County.
Subd. 21. Gitchi-Gami Trail, Lake and Cook Counties. (a) The
trail shall originate in the city of Two Harbors and shall extend in
a northeasterly direction along the shore of Lake Superior, running
parallel to State Highway 61 to the city of Grand Marais. (b)
The trail shall be developed primarily for hiking and bicycling.
Subd. 22. Minnesota River Trail. The trail shall originate
at the entrance to Big Stone Lake State Park and extend along the
Minnesota River Valley to connect to the Minnesota Valley Trail at
the city of Le Sueur. Subd. 23. Central Lakes Trail; Otter
Tail, Grant, and Douglas Counties. The trail shall originate at
the city of Fergus Falls and extend in a southeasterly direction
through Grant and Douglas Counties to the eastern boundary of Douglas
County. Subd. 24. Cuyuna Lakes Trail, Crow Wing and Aitkin
Counties. (a) The trail alignments shall originate in Crow Wing
County at the Paul Bunyan Trail in the city of Baxter and shall
extend in an east-northeasterly direction to the city of Riverton,
Crow Wing County, where they shall connect to the Sagamore Mine
segment of the Cuyuna Country State Recreation Area. The trail
alignments shall then continue in a northeasterly direction,
generally along and using former railroad rights-of-way insofar as
practical, to connect with the main body of the Cuyuna Country State
Recreation Area, the communities of Ironton and Crosby in Crow Wing
County, and the Croft Mine Historical Park. The trail alignments
shall then continue in an east-northeasterly direction, generally
along and using former railroad rights-of-way insofar as practical,
to the city of Cuyuna in Crow Wing County, and then continue east to
the city of Aitkin, Aitkin County, and there terminate. (b) The
trail shall be developed as a multiuse, multiseasonal, dual treadway
trail.
85.0155 Lake Superior water trail. Subdivision 1. Creation. A water trail is
created along the Lake Superior shoreline from Park Point in Duluth
to the border with Canada. The trail must be primarily developed for
kayakers and campers, using existing public lands for designated rest
areas. Subd. 2. Commissioner's duties. The commissioner
of natural resources must coordinate the creation of the water trail
by placing signs for rest areas along the lake and working with other
public agencies and private resorts owning land along the lake to do
the same. At the earliest opportunity, the commissioner shall make
available a water trail map depicting the designated rest areas for
the touring public. Subd. 3. Gifts; donations. The
commissioner of natural resources is authorized to accept donations
of land, or easements in land, for rest areas along the Lake Superior
water trail, and may seek and accept money for this purpose from
other public and private sources.
85.0156 Mississippi Whitewater Trail. Subdivision 1. Creation. An urban whitewater
trail is created along the Mississippi River in the St. Anthony Falls
area in Minneapolis. The trail must be primarily developed for
whitewater rafters, canoers, and kayakers. Subd. 2.
Commissioner's duties. (a) The commissioner of natural resources
must coordinate the creation of the Whitewater Trail by placing
designation signs near and along the river and must publicize the
designation. (b) In designating the Mississippi Whitewater
Trail, the commissioner must work with other federal, state, and
local agencies and private businesses and organizations interested in
the trail. Subd. 3. Gifts; donations. The commissioner
of natural resources is authorized to accept, on behalf of a
nonprofit corporation, donations of land or easements in land for the
Whitewater Trail and may seek and accept money for the trail from
other public and private sources.
85.016 Bicycle trail program. The commissioner of natural resources shall establish a
program for the development of bicycle trails utilizing the state
trails authorized by section 85.015,
other state parks and recreation land, and state forests. "Bicycle
trail," as used in this section, has the meaning given in section 169.01.
The program shall be coordinated with the local park trail grant
program established by the commissioner pursuant to section 85.019,
with the bikeway program established by the commissioner of
transportation pursuant to section 160.265,
and with existing and proposed local bikeways. In the metropolitan
area as defined in section 473.121,
the program shall be developed in accordance with plans and
priorities established by the Metropolitan Council. The commissioner
shall provide technical assistance to local units of government in
planning and developing bicycle trails in local parks. The bicycle
trail program shall, as a minimum, describe the location, design,
construction, maintenance, and land acquisition needs of each
component trail and shall give due consideration to the model
standards for the establishment of recreational vehicle lanes
promulgated by the commissioner of transportation pursuant to section
160.262.
The program shall be developed after consultation with the state
trail council and regional and local units of government and
bicyclist organizations.
85.017 Trail registry. The commissioner of natural resources shall compile and maintain
a current registry of cross-country skiing, hiking, horseback riding
and snowmobiling trails in the state and shall publish and distribute
the information in the manner prescribed in section 86A.11.
The Metropolitan Council, the commissioner of employment and economic
development, the Minnesota Historical Society, and local units of
government shall cooperate with and assist the commissioner in
preparing the registry.
85.018 Trail use; vehicles regulated, restricted. Subdivision 1. Definitions.
For the purposes of this section: (a) "All-terrain vehicle" has
the meaning given in section 84.92,
subdivision 8. (b) "Commissioner" means the commissioner of the
state agency from which the grants-in-aid are received. (c)
"Off-road vehicle" has the meaning given in section 84.797,
subdivision 7. (d) "Snowmobile" has the meaning given in section
84.81,
subdivision 3. (e) "Trail" means a recreational trail that is
funded in whole or in part by state grants-in-aid to a local unit of
government. Subd. 2. Authority of local government. (a)
A local government unit that receives state grants-in-aid for any
trail, with the concurrence of the commissioner, and the landowner or
land lessee, may: (1) designate the trail for use by snowmobiles
or for nonmotorized use from December 1 to April 1 of any year; and(2) issue any permit required under subdivisions 3 to 5. (b)
A local government unit that receives state grants-in-aid under
section 84.794,
subdivision 2, 84.803,
subdivision 2, or 84.927,
subdivision 2, for any trail, with the concurrence of the
commissioner, and landowner or land lessee, may: (1) designate
the trail specifically for use at various times of the year by
all-terrain or off-road vehicles or off-highway motorcycles, for
nonmotorized use such as ski touring, snowshoeing, and hiking, and
for multiple use, but not for motorized and nonmotorized use at the
same time; and (2) issue any permit required under subdivisions 3
to 5. (c) A local unit of government that receives state
grants-in-aid for any trail, with the concurrence of the commissioner
and landowner or land lessee, may designate certain trails for joint
use by snowmobiles, off-highway motorcycles, all-terrain and off-road
vehicles. Subd. 3. Motorized use; permits,
restrictions. Permits may be issued for motorized vehicles, other
than those designated, to use a trail designated for use by
snowmobiles, off-highway motorcycles, all-terrain or off-road
vehicles. Notice of the permit must be conspicuously posted, at the
expense of the permit holder, at no less than one-half mile intervals
along the trail, for the duration of the permit. Permits shall
require that permit holders return the trail and any associated
facility to their original condition if any damage is done by the
permittee. Limited permits for special events such as races may be
issued and shall require the removal of any trail markers, banners
and other material used in connection with the special event.
Subd. 4. Nonmotorized use trails. No motorized vehicle shall
be operated on a trail designated for nonmotorized use. This
subdivision does not apply to motorized wheelchairs or other
motorized devices operated by an individual who is physically
disabled. Subd. 5. Motorized vehicle trails restricted.
(a) From December 1 to April 1 in any year no use of a motorized
vehicle other than a snowmobile, unless authorized by permit, lease
or easement, shall be permitted on a trail designated for use by
snowmobiles. (b) From December 1 to April 1 in any year no use
of a motorized vehicle other than an all-terrain or off-road vehicle
and an off-highway motorcycle, unless authorized by permit, shall be
permitted on a trail designated for use by all-terrain vehicles,
off-road vehicles, or both, and off-highway motorcycles. Subd.
6. Exceptions. The following motor vehicles are exempt from
the provisions of subdivisions 3 to 5: (a) military, fire,
emergency or law enforcement vehicles used for official or emergency
purposes; (b) vehicles registered to the county, state or federal
government; (c) vehicles authorized by permit, lease or contract;(d) vehicles owned by private persons engaged in the upkeep and
maintenance of the trail systems under the direction of the local
unit of government that manages the trail; and (e) vehicles
registered to or operated with the permission of a land owner on
whose lands the trail system has been constructed, but only with
respect to operation on the land of that owner. Subd. 7.
Streets and highways. This section does not apply to any portion
of a trail located on any street or highway as defined in section 169.01.Subd. 8. Enforcement. The provisions of this section may
be enforced by officers of the Department of Natural Resources as
provided in sections 97A.201
to 97A.235.
85.019 Local recreation grants. Subdivision 1. Definition. For purposes of
this section, "unit of government" means a county, statutory or home
rule charter city, or town. Subd. 2. Parks and outdoor
recreation areas. The commissioner shall administer a program to
provide grants to units of government for up to 50 percent of the
costs of acquisition and betterment of public land and improvements
needed for parks and other outdoor recreation areas and facilities,
including costs to create veterans memorial gardens and parks.
Subd. 3. Repealed by amendment, 1995 c 220 s 68 Subd. 4. Repealed
by amendment, 1995 c 220 s 68 Subd. 4a. Natural and scenic
areas. The commissioner shall administer a program to provide
grants to units of government and school districts for the
acquisition and betterment of natural and scenic areas such as
blufflands, prairies, shorelands, wetlands, and wooded areas. A
grant may not exceed 50 percent or $500,000, whichever is less, of
the costs of acquisition and betterment of land acquired under this
subdivision. The commissioner shall make payment to a unit of
government upon receiving documentation of reimbursable expenditures.Subd. 4b. Regional trails. The commissioner shall
administer a program to provide grants to units of government for
acquisition and betterment of public land and improvements needed for
trails outside the metropolitan area deemed to be of regional
significance according to criteria published by the commissioner.
Recipients must provide a nonstate cash match of at least one-half of
total eligible project costs. If land used for the trails is not in
full public ownership, then the recipients must prove it is dedicated
to the purposes of the grants for at least 20 years. The
commissioner shall make payment to a unit of government upon
receiving documentation of reimbursable expenditures. A unit of
government may enter into a lease or management agreement for the
trail, subject to section 16A.695.Subd. 4c. Trail connections. The commissioner shall
administer a program to provide grants to units of government for
acquisition and betterment of public land and improvements needed for
trails that connect communities, trails, and parks and thereby
increase the effective length of trail experiences. Recipients must
provide a nonstate cash match of at least one-half of total eligible
project costs. If land used for the trails is not in full public
ownership, then the recipients must prove it is dedicated to the
purposes of the grants for at least 20 years. The commissioner shall
make payment to a unit of government upon receiving documentation of
reimbursable expenditures. A unit of government may enter into a
lease or management agreement for the trail, subject to section 16A.695.Subd. 5. Powers; rules. The commissioner has all powers
necessary and convenient to implement this section, including the
authority to adopt rules for the program under chapter 14.
85.02 Repealed, 1943 c 60 s 12
85.021 Acquisition of land, Minnesota Valley Trail. Subdivision 1. Acquisition of
entire tract. The commissioner of natural resources on
determining that it is necessary to acquire any interest in a part of
a tract or parcel of real estate for purposes of the Minnesota Valley
Trail, may acquire in fee the whole or any additional parts of the
tract or parcel that the commissioner deems to be in the best
interests of the state. Subd. 2. Conveyance of excess.
Within one year after acquiring excess real estate pursuant to
subdivision 1, the commissioner of natural resources shall notify the
governor that the excess real estate is available for sale. The
commissioner shall then publish notice of sale for three successive
weeks in a newspaper of general circulation in the territory from
which bids are likely to be received. After receipt of sealed bids,
and upon recommendation of the commissioner of natural resources, the
governor shall convey the excess real estate by quitclaim deed in a
form approved by the attorney general in the name of the state to the
highest responsible bidder. The deed may contain restrictive clauses
limiting the use of the real estate in the interest of preserving the
integrity of the trail when the commissioner finds that the
restrictions are reasonably necessary. Subd. 3.
Leasing. The commissioner may lease for the term between the
acquisition and sale thereof and for a fair rental rate and upon
terms and conditions that the commissioner deems proper, any excess
real estate acquired under the provisions of this section and any
real estate acquired in fee for natural resources purposes and not
presently needed therefor. All rents received from the leases shall
be paid into the state treasury.
85.03 Repealed, 1969 c 524 s 5
85.04 Enforcement Division employees. Subdivision 1. Peace officer employment.
The commissioner of natural resources may employ peace officers as
defined under section 626.84,
subdivision 1, paragraph (c), to enforce laws governing the use of
state parks, state monuments, state recreation areas, and state
waysides. Subd. 2. Other employees. The commissioner of
natural resources may designate certain employees according to
section 84.0835
to enforce laws governing the use of state parks, state monuments,
state recreation areas, state waysides, state forest lands when
incidental to normal forestry duties, and state forest subareas. 85.041 Repealed, 1980 c 384 s 3
85.045 Adopt-a-park program. Subdivision 1. Creation. The Minnesota adopt-a-park
program is established. The commissioner shall coordinate the
program through the regional offices of the Department of Natural
Resources. Subd. 2. Purpose. The purpose of the program
is to encourage business and civic groups or individuals to assist,
on a volunteer basis, in improving and maintaining state parks, state
recreation areas, monuments, historic sites, and trails. Subd.
3. Agreements. (a) The commissioner shall enter into
informal agreements with business and civic groups or individuals for
volunteer services to maintain and make improvements to real and
personal property in state parks, monuments, historic sites, and
trails in accordance with plans devised by the commissioner after
consultation with the groups. (b) The commissioner may erect
appropriate signs to recognize and express appreciation to groups and
individuals providing volunteer services under the adopt-a-park
program. (c) The commissioner may provide assistance to enhance
the comfort and safety of volunteers and to facilitate the
implementation and administration of the adopt-a-park program.
Subd. 4. Worker displacement prohibited. The commissioner
may not enter into any agreement that has the purpose of or results
in the displacement of public employees by volunteers participating
in the adopt-a-park program under this section. The commissioner
must certify to the appropriate bargaining agent that the work
performed by a volunteer will not result in the displacement of
currently employed workers or workers on seasonal layoff or layoff
from a substantially equivalent position, including partial
displacement such as reduction in hours of nonovertime work, wages,
or other employment benefits.
85.05 Repealed, 1987 c 253 s 5
85.0505 Food and beverage service in state parks. Subdivision 1. Itasca State
Park. Minnesota produced wine and beer may be sold and consumed
by the drink at the restaurant in Douglas Lodge in Itasca State Park,
subject to other laws relating to the sale of intoxicating liquor.Subd. 2. John A. Latsch State Park. (a) Liquor may be
sold and consumed by the drink at the restaurant in John A. Latsch
State Park, subject to other laws relating to the sale of
intoxicating liquor, and provided that the restaurant is operated by
a private entity as provided in paragraph (b). (b) The
commissioner of natural resources may contract with a private person,
firm, or corporation to operate the restaurant in John A. Latsch
State Park.
85.051 Repealed, 1989 c 335 art 4 s 109
85.052 Uses of state parks; fees. Subdivision 1. Authority to establish. (a)
The commissioner may establish, by written order, provisions for the
use of state parks for the following: (1) special parking space
for automobiles or other motor-driven vehicles in a state park or
state recreation area; (2) special parking spurs, campgrounds for
automobiles, sites for tent camping, and special auto trailer coach
parking spaces, for the use of the individual charged for the space;(3) improvement and maintenance of golf courses already
established in state parks, and charging reasonable use fees; and
(4) providing water, sewer, and electric service to trailer or tent
campsites and charging a reasonable use fee. (b) Provisions
established under paragraph (a) are exempt from section 16A.1283
and the rulemaking provisions of chapter 14. Section 14.386
does not apply. Subd. 2. State park pageants. (a) The
commissioner may stage state park pageants in a state park, municipal
park, or on other land near or adjoining a state park and charge an
entrance or use fee for the pageant. All receipts from the pageants
must be used in the same manner as though the pageants were conducted
in a state park. (b) The commissioner may establish, by written
order, state park pageant areas to hold historical or other pageants
conducted by the commissioner of a state agency or other public
agency. Establishment of the areas is exempt from the rulemaking
provisions of chapter 14 and section 14.386
does not apply. Subd. 3. Fee for certain parking and
campsite use. (a) An individual using spaces in state parks under
subdivision 1, clause (2), shall be charged daily rates determined
and set by the commissioner in a manner and amount consistent with
the type of facility provided for the accommodation of guests in a
particular park and with similar facilities offered for tourist
camping and similar use in the area. (b) The fee for special
parking spurs, campgrounds for automobiles, sites for tent camping,
and special auto trailer coach parking spaces is one-half of the fee
set in paragraph (a) on Sunday through Thursday of each week for a
physically disabled person: (1) with a motor vehicle that has
disability plates issued under section 168.021,
subdivision 1; or (2) who possesses a certificate issued under
section 169.345.Subd. 4. Deposit of fees. (a) Fees paid for providing
contracted products and services within a state park, state
recreation area, or wayside, and for special state park uses under
this section shall be deposited in the natural resources fund and
credited to a state parks account. (b) Gross receipts derived
from sales, rentals, or leases of natural resources within state
parks, recreation areas, and waysides, other than those on trust fund
lands, must be deposited in the state treasury and credited to the
general fund. Subd. 5. Establishing fees. Except as
otherwise specified in law, and notwithstanding sections 16A.1283
and 16A.1285,
subdivision 2, the commissioner shall, by written order, establish
fees providing for the use of state parks and state recreation areas.
The fees are not subject to the rulemaking provisions of chapter 14
and section 14.386
does not apply. Subd. 6. State park reservation system.
The commissioner may, by written order, develop reasonable
reservation policies for campsites and other lodging. These policies
are exempt from rulemaking provisions under chapter 14 and section 14.386
does not apply.
85.053 State park permits. Subdivision 1. Form, issuance, validity. (a) The
commissioner shall prepare and provide state park permits for each
calendar year that state a motor vehicle may enter and use state
parks, state recreation areas, and state waysides over 50 acres in
area. State park permits must be available and placed on sale by
January 1 of the calendar year that the permit is valid. A separate
motorcycle permit may be prepared and provided by the commissioner.(b) An annual state park permit may be used from the time it is
purchased for a 12-month period. State park permits in each category
must be numbered consecutively for each year of issue. (c) State
park permits shall be issued by employees of the Division of Parks
and Recreation as designated by the commissioner. State park permits
also may be consigned to and issued by agents designated by the
commissioner who are not employees of the Division of Parks and
Recreation. All proceeds from the sale of permits and all unsold
permits consigned to agents shall be returned to the commissioner at
such times as the commissioner may direct, but no later than the end
of the calendar year for which the permits are effective. No part of
the permit fee may be retained by an agent. An additional charge or
fee in an amount to be determined by the commissioner, but not to
exceed four percent of the price of the permit, may be collected and
retained by an agent for handling or selling the permits. Subd.
2. Requirement. Except as provided in section 85.054,
a motor vehicle may not enter a state park, state recreation area, or
state wayside over 50 acres in area, without a state park permit
issued under this section. Except for vehicles permitted under
subdivision 7, paragraph (a), clause (2), the state park permit must
be affixed to the lower right corner windshield of the motor vehicle
and must be completely affixed by its own adhesive to the windshield,
or the commissioner may, by written order, provide an alternative
means to display and validate annual permits. Subd. 2a.
Split Rock Lighthouse State Park. Notwithstanding subdivision 2,
the commissioner of natural resources may negotiate with the
Minnesota Historical Society a special fee structure for the Split
Rock Lighthouse state historic site within Split Rock Lighthouse
State Park. Subd. 3. Second vehicle permits. The
commissioner shall prescribe and issue second vehicle state park
permits for persons who own more than one motor vehicle and who
request a second permit for the second vehicle on a form prescribed
by the commissioner. The commissioner may issue an applicant only
one second vehicle permit. Subd. 4. One-day permits.
The commissioner shall prescribe a special state park permit for use
of state parks, state recreation areas, or state waysides for one day
under conditions prescribed by the commissioner. For campers, the
permit shall allow for the use of the park where camped from the time
of purchase until the camping check-out time of the following day.Subd. 5. Daily vehicle permit for groups. The
commissioner shall prescribe a special daily vehicle state park
permit for groups for use of state parks, state recreation areas, or
state waysides for up to one day under conditions prescribed by the
commissioner. Subd. 6. Employee's permit. (a) The
commissioner shall prescribe and issue an employee's state park
permit to state employees, peace officers, and contractors, that must
enter areas where state park permits are required to perform official
duties. An employee, peace officer, or contractor must display the
special permit on the motor vehicle in the same manner as state park
permits are displayed. (b) A motor vehicle displaying only an
employee's state park permit may not enter a place where state park
permits are required if the vehicle is used for purposes other than
performing official duties. Subd. 7. Disabled persons.
(a) The commissioner shall prescribe and issue special state park
permits for: (1) a physically disabled person with a motor
vehicle (i) that has disability plates issued under section 168.021,
subdivision 1, or (ii) who has a permanent disability certificate
issued under section 169.345
and who can demonstrate proof of ownership of the vehicle for which
the state park permit is being purchased or proof of a leasehold
interest in the vehicle for a term at least as long as the term of
the permit; and (2) a physically disabled person who: (i) does
not own or operate a motor vehicle; (ii) possesses a statement
certified under section 169.345,
subdivision 2a; and (iii) applies to the commissioner in writing.(b) Except for vehicles permitted under paragraph (a), clause
(2), the permit or the decal issued under this subdivision is valid
only when displayed on a vehicle owned and occupied by the person to
whom the permit is issued.
85.054 State park permit exemptions. Subdivision 1. State Park Open House
Day. (a) A state park permit is not required for a motor vehicle
to enter a state park, state monument, state recreation area, or
state wayside, on one day each calendar year at each park, which the
commissioner may designate as State Park Open House Day. The
commissioner may designate two consecutive days as State Park Open
House Day, if the open house is held in conjunction with a special
pageant described in section 85.052,
subdivision 2. (b) The commissioner shall announce the date of
each State Park Open House Day at least 30 days in advance of the
date it occurs. (c) The State Park Open House Day is to acquaint
the public with state parks, recreation areas, and waysides.
Subd. 2. Fort Snelling Memorial Chapel Island. A state park
permit is not required and a fee may not be charged for motor vehicle
entry or parking at the Fort Snelling Memorial Chapel Island portion
of Fort Snelling State Park. Subd. 3. Interstate Park.
A Minnesota state park permit is not required at Interstate Park if a
valid, current, Wisconsin state park permit or sticker authorizing
entry of a motor vehicle into Wisconsin state parks is appropriately
displayed on the vehicle and the commissioner has entered into an
agreement with appropriate officials of the state of Wisconsin that
authorizes motor vehicles displaying Minnesota state park permits
free entry into Interstate State Park of Wisconsin on a reciprocal
basis. Subd. 4. Jay Cooke State Park. A state park
permit is not required and a fee must not be charged for motor
vehicle entry or parking at the Veterans Memorial scenic overlook
portion of Jay Cooke State Park. Subd. 5. Gooseberry Falls
State Park. A state park permit is not required and a fee must
not be charged for motor vehicle entry or parking at the Class I
highway rest area parking lot located adjacent to U.S. Route No. 61
and the Gooseberry River at Gooseberry Falls State Park. Subd.
6. Iron Range off-highway vehicle recreation area. A state
park permit is not required and a fee may not be charged for motor
vehicle entry or parking at the Iron Range off-highway vehicle
recreation area, except that the commissioner may establish special
event fees. Subd. 7. Tettegouche State Park. A state
park permit is not required and a fee may not be charged for motor
vehicle entry at Palisade Head in Tettegouche State Park, provided
that motor vehicles entering the park under this provision may not be
parked at Palisade Head for more than one hour. A state park permit
is not required and a fee may not be charged for the Class I rest
area parking area at Tettegouche State Park. Subd. 8.
Zippel Bay State Park. A state park permit is not required and a
fee may not be charged for motor vehicle entry or parking at the
parking area located adjacent to County State Aid Highway No. 4 at
Zippel Bay State Park, Lake of the Woods County. Subd. 9.
Lake Bemidji State Park. A state park permit is not required and
a fee may not be charged for motor vehicle entry to, use of roads to,
or parking at the Department of Natural Resources regional
headquarters portion of Lake Bemidji State Park. Subd. 10.
Red River State Recreation Area. A state park permit is not
required and a fee may not be charged for any portion of the Red
River State Recreation Area located outside of the campground.
Subd. 11. Big Bog State Recreation Area. A state park permit
is not required and a fee may not be charged for motor vehicle entry
or parking at the parking area located north of Tamarac River in the
southern unit of Big Bog State Recreation Area, Beltrami County.
85.055 State park permit fees. Subdivision 1. Fees. The fee for state park permits
for: (1) an annual use of state parks is $25; (2) a second
vehicle state park permit is $18; (3) a state park permit valid
for one day is $7; (4) a daily vehicle state park permit for
groups is $5; (5) an employee's state park permit is without
charge; and (6) a state park permit for handicapped persons under
section 85.053,
subdivision 7, clauses (1) and (2), is $12. The fees specified
in this subdivision include any sales tax required by state law.
Subd. 1a. Patron permit fee. Notwithstanding section 16A.1283,
the commissioner of natural resources may, by written order, provide
a special patron permit allowing persons to pay an additional amount
above the annual permit fee required in subdivision 1. The
additional amount paid under this subdivision is not subject to the
rulemaking provisions of chapter 14 and section 14.386
does not apply. Subd. 1b. Discounts. Except as
otherwise specified in law, and notwithstanding section 16A.1285,
subdivision 2, the commissioner may by written order authorize waiver
or reduction of state park entrance fees. Subd. 2. Fee
deposit and appropriation. The fees collected under this section
shall be deposited in the natural resources fund and credited to the
state parks account. Money in the account, except for the electronic
licensing system commission established by the commissioner under
section 84.027,
subdivision 15, is available for appropriation to the commissioner to
operate and maintain the state park system.
85.06 Schoolhouses in certain state parks. The commissioner is hereby authorized to allow
the construction and use of schoolhouses in any state park the area
of which is not less than 3,000 acres.
85.07 Renumbered 85.012, subd 29
85.071 Renumbered 85.012, subd 21
85.08 Renumbered 85.012, subd 28
85.081 Renumbered 85.012, subd 31
85.082 Renumbered 85.013, subd 9
85.083 Renumbered 85.012, subd 22
85.085 Renumbered 85.012, subd 49
85.09 Renumbered 85.012, subd 43
85.10 Alexander Ramsey State Park transferred to Redwood Falls, 1957 c 230
85.101 Renumbered 85.012, subd 40
85.102
Subdivision 1. Renumbered 85.012,
subd 3 Subd. 2. Renumbered 85.012,
subd 54 Subd. 3. Obsolete, 1969 c 524 s 4
85.103 Renumbered 85.10, subd 4
85.11 Renumbered 85.012, subd 17
85.111 Renumbered 85.012, subd 14
85.12 Horace Austin State Park transferred to city of Austin, 1949 c 425 s 1; 1959 c 4 s 1,2
85.122 Renumbered 85.012, subd 42
85.13 Renumbered 85.012, subd 7
85.14 Renumbered 85.013, subd 23
85.15 Renumbered 85.012, subd 13
85.16 Oronoco Park conveyed to Olmsted County pursuant to Laws 1965 c 810 s 9
85.161 Renumbered 85.012, subd 33
85.162 Renumbered 85.012, subd 45
85.163 Renumbered 85.012, subd 32
85.164 Renumbered 85.012, subd 11
85.165 Renumbered 85.012, subd 47
85.17 Renumbered 85.013, subd 14
85.171 Renumbered 85.012, subd 15
85.172 Renumbered 85.013, subd 7
85.173 Renumbered 85.013, subd 20
85.174 Renumbered 85.013, subd 5
85.175 Renumbered 85.013, subd 15
85.176 Renumbered 85.012, subd 60
85.177 Renumbered 85.012, subd 27
85.178 Renumbered 85.012, subd 12
85.179 Renumbered 85.012, subd 55
85.18
Subdivision 1. Obsolete, 1969 c 524 s 4 Subd. 2. Renumbered 85.012,
subd 5 Subd. 3. Renumbered 85.012,
subd 9 Subd. 4. Renumbered 85.012,
subd 16 Subd. 5. Renumbered 85.012,
subd 38 Subd. 6. Renumbered 85.012,
subd 44 Subd. 7. Renumbered 85.012,
subd 8 Subd. 8. Pomme de Terre recreation reserve conveyed to
city of Morris pursuant to Laws 1965 c 810 s 9 Subd. 9.
Renumbered 85.013,
subd 26 Subd. 10. Renumbered 85.012,
subd 34 Subd. 11. Renumbered 85.012,
subd 25
85.181 Renumbered 85.012, subd 51
85.182 Renumbered 85.012, subd 4
85.183 Renumbered 85.012, subd 6
85.184 Renumbered 85.012, subd 18
85.185
Subdivision 1. Obsolete, 1969 c 524 s 4 Subd. 2. Obsolete, 1969
c 524 s 4 Subd. 3. Renumbered 85.012,
subd 41 Subd. 4. Renumbered 85.012,
subd 24 Subd. 5. Renumbered 85.012,
subd 23 Subd. 6. Renumbered 85.012,
subd 19 Subd. 7. Renumbered 85.012,
subd 58 Subd. 8. Renumbered 85.012,
subd 50 Subd. 9. Renumbered 85.012,
subd 36 Subd. 10. Renumbered 85.012,
subd 37 Subd. 11. Renumbered 85.012,
subd 48 Subd. 12. Renumbered 85.012,
subd 39 Subd. 13. Renumbered 85.012,
subd 2 Subd. 14. Renumbered 85.012,
subd 46 Subd. 15. Renumbered 85.012,
subd 56
85.186 Renumbered 85.012, subd 57
85.1865 Obsolete, 1969 c 524 s 4
85.187 Obsolete, 1969 c 524 s 4
85.1871
Subdivision 1. Renumbered 85.012,
subd 54 Subd. 2. Renumbered 85.012,
subd 26 Subd. 3. Obsolete, 1969 c 524 s 4 Subd. 4.
Renumbered 85.012,
subd 30
85.188 Obsolete, 1969 c 524 s 4
85.189 Obsolete, 1969 c 524 s 4
85.19 Obsolete, 1969 c 524 s 4
85.191 Renumbered 85.013, subd 28
85.192 Renumbered 85.013, subd 24
85.193 Renumbered 85.013, subd 16
85.194 Renumbered 85.013, subd 8
85.195 Renumbered 85.013, subd 10
85.196 Renumbered 85.012, subd 20
85.197 Renumbered 85.013, subd 21
85.198 Repealed, 1971 c 859 s 14
85.20 Violations of rules; littering; penalties. Subdivision 1. Violation of
rules. Any person who, within the limits of any state park, state
monument, state recreation area, state wayside, or area of state land
reserved from sale, as provided by Laws 1923, chapter 430, shall
willfully cut, injure, or destroy any live tree, shrub, timber,
evergreen, or ornamental plant of any kind, or who shall willfully
injure, remove, destroy, deface, or mutilate any guideboard,
guidepost, furniture, fixture, improvement, monument, tablet, or
other property of the state of any kind, or who shall willfully
violate, or fail to comply with, any rule of the commissioner adopted
and promulgated in accordance with the provisions of Laws 1923,
chapter 430, shall be guilty of a misdemeanor. Subd. 2.
Repealed, 1975 c 353 s 41 Subd. 3. Repealed, 1975 c 353 s 41
Subd. 4. Repealed, 1975 c 353 s 41 Subd. 5. Repealed, 1975 c
353 s 41 Subd. 6. Littering; penalty. (a) No person
shall drain, throw, or deposit upon the lands and waters within any
unit of the outdoor recreation system as defined in section 86A.04
any substance, including cigarette filters and debris from fireworks,
that would mar the appearance, create a stench, destroy the
cleanliness or safety of the land, or would be likely to injure any
animal, vehicle, or person traveling upon those lands and waters.
The operator of a vehicle or watercraft, except a school bus or a
vehicle transporting passengers for hire and regulated by a successor
agency of the former Interstate Commerce Commission, shall not permit
articles to be thrown or discarded from the vehicle upon any lands or
waters within any unit of the outdoor recreation system. (b)
Violation of this subdivision is a misdemeanor. Any person sentenced
under this subdivision shall in lieu of the sentence imposed be
permitted, under terms established by the court, to work under the
direction of the Department of Natural Resources at clearing rubbish,
trash, and debris from any unit of the outdoor recreation system.
The court may for any violation of this subdivision order the
offender to perform such work under terms established by the court
with the option of a jail sentence being imposed. (c) In lieu of
enforcement under paragraph (b), this subdivision may be enforced by
imposition of a civil penalty and an action for damages for littering
under section 115A.99.
85.205 Receptacles for recycling. The commissioner of natural resources must
provide recycling conveniences at all state parks. (a) State
park managers must provide and maintain adequate receptacles for
collection of food containers for recycling in all state parks.
(b) Appropriate recycling information must be available to all state
park visitors. (c) State park managers must post a notice of
recycling availability at appropriate locations within each state
park. (d) State park managers must where practicable recycle the
gathered recyclable materials, provide for the local unit of
government to recycle the gathered materials, or contract with
private nonprofit groups for recycling. (e) Money collected by
state park managers for recycling must be deposited in the state
treasury and credited to the general fund.
85.21 State operation of park, monument, recreation area and wayside facilities; license not required. The state, in its operation of state park,
state monument, state recreation area, and state wayside facilities,
shall not be required to obtain or pay for permits or licenses
required by statute or by ordinance of governmental subdivisions of
private operators in conducting or maintaining similar business or
facilities.
85.22 State parks working capital fund. Subdivision 1. Designation. The
revolving fund established under Laws 1941, chapter 548, section 37,
subdivision E, item 4 is the state parks working capital account.
The account is to be used to maintain and operate the revenue
producing facilities and to operate the resource management and
interpretive programs in the state parks within the limits in this
section. Subd. 2. Repealed, 1965 c 901 s 72 Subd. 2a.
Receipts, appropriation. All receipts derived from the rental or
sale of state park items, tours at Forestville Mystery Cave State
Park, and operation of Douglas Lodge shall be deposited in the state
treasury and be credited to the state parks working capital account.
Receipts and expenses from Douglas Lodge shall be tracked separately
within the account. Money in the account is annually appropriated
for the purchase and payment of expenses attributable to items for
resale or rental and operation of Douglas Lodge. Any excess receipts
in this account are annually appropriated for state park management
and interpretive programs. Subd. 3. Charges sufficient to
defray expenses. Notwithstanding section 16A.1283,
the commissioner of natural resources shall, by written order, adjust
the schedule of charges for operating facilities within state parks
so as to produce income sufficient to defray all expenses required to
provide proper operations of said facilities. An adjustment to the
schedule of charges is not subject to the rulemaking provisions of
chapter 14 and section 14.386
does not apply. Subd. 4. Repealed, 1965 c 901 s 72 Subd. 5.Exemption. Purchases made from the state parks working
capital fund are exempt from competitive bidding, notwithstanding
chapter 16C.
85.23 Cooperative leases of agricultural lands. On any agricultural lands however
acquired, located within a state park, where the use of the lands
would not conflict with normal park uses, cooperative farming leases
on a sharecrop basis may be completed with nearby farmers to provide
needed park services such as grassland restoration or development,
weed control, and the provision of food plots, such as corn, for
deer, pheasants and other wildlife species that are indigenous to the
habitats existing in state parks and which are of value and interest
to state park visitors and the general public. The sharecropping
leases may be entered into for state park lands in lieu of any rental
arrangement established for use with respect to state lands in any
other provision of law.
85.26 Expired
85.27 Expired
85.28 Expired
85.29 Expired
85.30 Repealed, 1990 c 594 art 3 s 15
85.31 Expired
85.32 Canoe and boating routes. Subdivision 1. Areas marked. The
commissioner of natural resources is authorized in cooperation with
local units of government and private individuals and groups when
feasible to mark canoe and boating routes on the Little Fork, Big
Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon,
Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle,
Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan,
Cottonwood, Whitewater, Chippewa from Benson in Swift County to
Montevideo in Chippewa County, Long Prairie, Red River of the North,
and Crow Rivers which have historic and scenic values and to mark
appropriately points of interest, portages, camp sites, and all dams,
rapids, waterfalls, whirlpools, and other serious hazards which are
dangerous to canoe and watercraft travelers. Subd. 2. Camp
sites, rest areas, river accesses and portages, land acquisition.
The commissioner may, in cooperation with local units of government
as provided in subdivision 1, acquire land by purchase, grant, gift,
devise, exchange, lease or easement for camp sites, rest areas, river
accesses and portages. The acquisition of any parcel of land
pursuant to this subdivision shall not exceed 20 acres, unless it
will or should require a land survey or a larger parcel will be in
the best interest of the state, in which case the commissioner may
acquire land not to exceed 40 acres or unless specifically authorized
by the executive council. The commissioner may also develop and be
responsible for the maintenance of campsites, rest areas, river
accesses, and portages on the areas acquired, or in cooperation with
local units of government, organizations, or individuals, along those
rivers designated in subdivision 1. Subd. 3. Dedication,
application of statute. Areas acquired by easement or lease or
areas designated and marked under this section shall not be subject
to the provisions of section 160.06.
85.33 St. Croix wild river area; limitations on power boating. Subdivision 1.Definition. For the purposes of this section, "motorboat"
means any contrivance used or designed for navigation on water which
is propelled in any respect by machinery, including but not limited
to detachable motors. Subd. 2. Purpose; rules above the
mouth of the Snake River. In furtherance of the public policy
declared by Congress in Public Law 90-542 and Public Law 92-560 of
maintaining the essentially wild and scenic character of certain
rivers, including a part of the St. Croix, and as an exercise of
state powers either recognized or granted by Public Law 90-542 and
Public Law 92-560, the commissioner of natural resources may
promulgate rules, in the manner provided by chapter 14, which limit
or prohibit the operation or use of motorboats on that part of the
St. Croix River north of the mouth of the Snake River, located in
Section 31, Township 39 North, Range 19 West. Subd. 3.
Rules below the mouth of the Snake River. After October 1, 1974,
if the commissioner of natural resources has not established rules
relating to the use of watercraft on that part of the St. Croix River
south of the mouth of the Snake River but north of the nine-foot
navigational channel at mile 24.5, measured from the mouth of the St.
Croix River, pursuant to the request of a local governmental unit in
the manner provided by section 86B.205,
subdivision 9, the commissioner may establish such rules pursuant to
section 86B.205,
subdivision 9, notwithstanding the absence of a request from a local
governmental unit and notwithstanding the absence of approval of the
rules by a majority of the counties affected. Subd. 4.
Concurrent rules required. Rules promulgated by the commissioner
pursuant to this section are effective upon adoption of laws or rules
providing for similar limitations or prohibitions on the operation
and use of motorboats on the same reach of St. Croix River by the
state of Wisconsin or its agencies. In exercising the authority
granted by this section the commissioner may enter into necessary
agreements with either the United States and its agencies, pursuant
to section 84.025,
or the state of Wisconsin and its agencies. Subd. 5.
Penalty. A person violating any of the provisions of this section
or the rules promulgated thereunder by the commissioner is guilty of
a misdemeanor.
85.34 Fort Snelling lease. Subdivision 1. Upper bluff; lease terms. The
commissioner of natural resources with the approval of the Executive
Council may lease for purposes of restoration, preservation,
historical, recreational, educational, and commercial use and
development, that portion of Fort Snelling State Park known as the
upper bluff consisting of officer's row, area J, the polo grounds,
the adjacent golf course, and all buildings and improvements located
thereon, all lying within an area bounded by Minneapolis-St. Paul
International Airport, Trunk Highways numbered 5 and 55, and
Bloomington Road. The lease or leases shall be in a form approved by
the attorney general and for a term of not to exceed 99 years. The
lease or leases may provide for the provision of capital improvements
or other performance by the tenant or tenants in lieu of all or some
of the payments of rent that would otherwise be required. Subd.
2. Admission. Admission to the property leased pursuant to
subdivision 1 shall be exempt from any state park permit or admission
fees imposed pursuant to law. Subd. 3. Sale of intoxicating
liquor. The commissioner of public safety with the approval of
the Executive Council may issue to the lessee or developer of the
property leased pursuant to subdivision 1, an on-sale license for the
sale of intoxicating liquor upon the leased property. The annual fee
for the license issued pursuant to this subdivision shall be set by
the commissioner of public safety at an amount comparable to the fee
charged by municipalities in the surrounding area for a similar
license. All provisions of chapter 340 shall apply to the sale of
intoxicating liquor upon the leased property. Subd. 4. Repealed,
2004 c 255 s 51 Subd. 5. Rule exception. The
commissioner of natural resources may provide an exception, in whole
or in part, to the rules for use of state parks and other
recreational areas for property leased pursuant to subdivision 1.
The exception may be provided by commissioner's order and shall be
effective for the term of the lease or such lesser period of time
specified by the commissioner. Subd. 6. Minneapolis
lease. A lease to the Minneapolis Park and Recreation Board for
the purposes of athletic fields and golf course operations is subject
to subdivisions 1 to 5, except as provided in this subdivision.
Approval of the Executive Council is not required for the lease or
the issuance of a liquor license. A lease of any portion of
Officer's Row or Area J may include a charge to be paid by the tenant
for repayment of a portion of the costs incurred by the Minneapolis
Park and Recreation Board for the installation of a new water line on
the upper bluff. The total amount to be repaid to the Minneapolis
Park and Recreation Board by tenants of Officer's Row and Area J
shall not exceed $450,000. Subd. 7. Disposition of
proceeds. (a) All revenue derived from the lease of the Fort
Snelling upper bluff, with the exception of payment for costs of the
water line as described in subdivision 6, shall be deposited in the
natural resources fund and credited to a state park account. (b)
Revenue and expenses from the upper bluff shall be tracked separately
within the account. Money in the account derived from the leasing or
operation of the property described in subdivision 1 may be
appropriated for the payment of expenses attributable to the leasing
and operation of the property described in subdivision 1, including,
but not limited to, the maintenance, repair, and rehabilitation of
historic buildings and landscapes.
85.40 Definitions.
Subdivision 1. Scope. For purposes of sections 85.40 to 85.45
the following terms have the meanings given them. Subd. 2.
Commissioner. "Commissioner" means the commissioner of natural
resources. Subd. 3. Cross-country ski grant-in-aid
program. "Cross-country ski grant-in-aid program" means a program
administered by the department, as described in section 85.44.Subd. 4. Cross-country ski race. "Cross-country ski
race" means a timed skiing event organized for the participation of a
large number of skiers at one time over a course prepared
specifically for a ski race. Subd. 5. Cross-country ski
trail. "Cross-country ski trail" means a public pathway
designated and promoted for cross-country skiing in state parks as
defined in section 85.012,
on state forest lands as defined in section 89.001,
on state trails as defined in section 85.015,
on elements of the regional recreation open space system as defined
in section 473.147,
or on trails within the cross-country ski grant-in-aid program as
defined in section 85.44.Subd. 6. Cross-country skiing. "Cross-country skiing"
means traveling across country over snow by human power on skis.
"Cross-country skiing" does not require the use of lifts, tows, or
other mechanical devices. Subd. 7. Department.
"Department" means the Department of Natural Resources.
85.41 Cross-country ski passes. Subdivision 1. Pass in possession. While
skiing on cross-country ski trails, a person age 16 or over shall
carry in immediate possession a valid, signed cross-country ski pass.
A landowner who grants an easement for a grant-in-aid ski trail is
not required to have a pass when skiing on the landowner's property.Subd. 2. License agents. (a) The commissioner may
appoint agents to issue and sell cross-country ski passes. The
commissioner may revoke the appointment of an agent at any time.
(b) The commissioner may promulgate additional rules as provided in
section 97A.485,
subdivision 11. An agent shall observe all rules promulgated by the
commissioner for the accounting and handling of licenses pursuant to
section 97A.485,
subdivision 11. (c) An agent must promptly deposit and remit all
moneys received from the sale of passes, except issuing fees, to the
commissioner. Subd. 3. Exemptions. Participants in
cross-country ski races and official school activities and residents
of a state or local government operated correctional facility are
exempt from the pass requirement in subdivision 1 if a special use
permit has been obtained by the organizers of the event or those in
an official capacity in advance from the agency with jurisdiction
over the cross-country ski trail. Permits shall require that permit
holders return the trail and any associated facility to its original
condition if any damage is done by the permittee. Limited permits
for special events may be issued and shall require the removal of any
trail markers, banners, and other material used in connection with
the special event. Subd. 4. Issuance. The commissioner
and agents shall issue and sell cross-country ski passes. The pass
shall be with the skier and available for inspection by any peace or
conservation officer. The pass shall include the applicant's
signature and other information deemed necessary by the commissioner.Subd. 5. Issuing fee. In addition to the fee for a
cross-country ski pass, an issuing fee of $1 per pass shall be
charged. The issuing fee shall be retained by the seller of the
pass. Issuing fees for passes issued by the commissioner shall be
deposited in the cross-country ski account in the natural resources
fund and retained for the operation of the electronic licensing
system. A pass shall indicate the amount of the fee that is retained
by the seller.
85.42 User fee; validity. (a) The fee for an annual cross-country ski pass is $14 for an
individual age 16 and over. The fee for a three-year pass is $39 for
an individual age 16 and over. This fee shall be collected at the
time the pass is purchased. Three-year passes are valid for three
years beginning the previous July 1. Annual passes are valid for one
year beginning the previous July 1. (b) The cost for a daily
cross-country skier pass is $4 for an individual age 16 and over.
This fee shall be collected at the time the pass is purchased. The
daily pass is valid only for the date designated on the pass form.(c) A pass must be signed by the skier across the front of the
pass to be valid and becomes nontransferable on signing.
85.43 Disposition of receipts; purpose. Fees from cross-country ski passes shall be
deposited in the state treasury and credited to a cross-country ski
account in the natural resources fund and, except for the electronic
licensing system commission established by the commissioner under
section 84.027,
subdivision 15, are appropriated to the commissioner of natural
resources for grants-in-aid for cross-country ski trails sponsored by
local units of government and special park districts as provided in
section 85.44.
85.44 Cross-country ski trail grant-in-aid program. The commissioner shall establish a
grant-in-aid program for local units of government and special park
districts for the acquisition, development, and maintenance of
cross-country ski trails. Grants shall be available for acquisition
of trail easements but may not be used to acquire any lands in fee
title. Local units of government and special park districts applying
for and receiving grants under this section shall be considered to
have cross-country ski trails for one year following the expiration
of their last grant. The department shall reimburse all public
sponsors of grants-in-aid cross-country ski trails based upon
criteria established by the department. Prior to the use of any
reimbursement criteria, a certain proportion of the revenues shall be
allocated on the basis of user fee sales location.
85.45 Penalties.
Subdivision 1. Skiing without pass. No person may ski on a
cross-country ski trail without a valid, signed cross-country ski
pass. Any person who violates this subdivision is guilty of a petty
misdemeanor. Subd. 2. False statements. A person who
knowingly makes a false statement related to an application for a
cross-country ski pass is guilty of a petty misdemeanor.
85.50 Definition. For
purposes of sections 85.50 to 85.52,
"central Minnesota regional parks and trails plan" or "plan" means a
recreational park and trail plan in the counties of Stearns, Benton,
and Sherburne that includes, at a minimum, existing regionally
significant parks and trails that are identified in the plan under a
local unit of government jurisdiction and includes newly developed
parks and trails or trail connections to communities, parks, or
public open space.
85.51 Planning; coordination. Plan development, adoption, and amendments shall be
coordinated with the counties of Stearns, Benton, and Sherburne by an
appropriate regional parks and trail coordination board that is
created under a joint powers agreement.
85.52 Grants; priorities. The Regional Parks and Trail Coordination Board under section 85.51
may administer grants from the United States, the state, or other
sources to develop, enhance, or maintain the central Minnesota
regional parks and trails plan, and must dispose of grant money in
accordance with the acceptance of any agreement or contract. In
developing, enhancing, and maintaining the plan, the Parks and Trails
Coordination Board must develop priorities for expenditure of grant
money.