USA Statutes : minnesota
Title : RECREATION
Chapter : Outdoor recreation system
86A.01 Citation. Laws 1975, chapter 353, may be cited as the Outdoor Recreation
Act of 1975.
86A.02 Policy.
Subdivision 1. Opportunities available. The legislature
finds that the unique natural, cultural, and historical resources of
Minnesota provide abundant opportunities for outdoor recreation and
education, and finds that these opportunities should be made
available to all citizens of Minnesota now and in the future.
Subd. 2. Preservation; utilization. The legislature further
finds that the preservation and proper utilization of Minnesota's
outdoor recreational resources is becoming increasingly important to
the health, welfare, and prosperity of the citizens of Minnesota due
to the growing demand for outdoor recreational facilities and the
spread of development and urbanization in the state. Subd. 3.Establishment of system. The legislature further finds that
the outdoor recreational needs of the people of Minnesota will be
best served by the establishment of an outdoor recreational system
which will (1) preserve an accurate representation of Minnesota's
natural and historical heritage for public understanding and
enjoyment and (2) provide an adequate supply of scenic, accessible,
and usable lands and waters to accommodate the outdoor recreational
needs of Minnesota's citizens. Subd. 4. Construction.
Nothing in sections 86A.01
to 86A.11
shall be deemed or construed to abolish, repeal or negate any of the
ongoing programs, approved by law, or the authority or activities of
the commissioner of natural resources in improving, maintaining and
developing fishing, hunting, or other recreational activities
conducted upon the public waters and lands of the state or on private
lands in cooperation with the owners thereof, except as the uses of
the lands or waters may be in express conflict with the provisions of
sections 86A.01
to 86A.11.Subd. 5. Legislative determination. The legislature
hereby determines that the establishment of an outdoor recreation
system will serve these needs and will thus serve a valid public
purpose for the people of this state.
86A.03 Definitions. Subdivision 1. Scope. For the purposes of the
outdoor recreation system, the terms defined in this section shall
have the meanings given them. Subd. 2. Managing agency.
"Managing agency" means the organization or person which, pursuant to
section 86A.05,
is given responsibility for the administration of a particular unit
or class of units of the outdoor recreation system. Subd. 3.Outdoor recreation. "Outdoor recreation" means any voluntary
activity, including hunting, fishing, trapping, boating, hiking,
camping, and engaging in winter sports, which is conducted primarily
for the purposes of pleasure, rest, or relaxation and is dependent
upon or derives its principal benefit from natural surroundings;
"outdoor recreation" shall also mean any demonstration, structure,
exhibit, or activity which is primarily intended to preserve,
demonstrate, or explain a significant aspect of the natural and
cultural history, and archaeology of Minnesota. Subd. 4.
Administration or administer. "Administration" or "administer"
means the process, or any part thereof, of the preparation,
operation, and management of a unit, including but not limited to the
following: (a) management of natural resources and visitors;
(b) construction and development of structures, service facilities,
and programs for visitor and administrative use; (c) maintenance
of natural resources and facilities; (d) operations. Subd.
5. Landscape region. "Landscape region" means an
identifiable geographic region with generally homogeneous natural
characteristics which exemplify the natural processes which formed
the geography, geology, topography and biology of the state.
Subd. 6. Facility or facilities. "Facility" or "facilities"
means any building, structure, modification, or improvement made or
built upon the land or waters of a unit.
86A.04 Composition of system. The outdoor recreation system shall consist of all
state parks; state recreation areas; state trails established
pursuant to sections 84.029,
subdivision 2, 85.015,
85.0155,
and 85.0156;
state scientific and natural areas; state wilderness areas; state
forests; state wildlife management areas; state water access sites,
which include all lands and facilities established by the
commissioner of natural resources or the commissioner of
transportation to provide public access to water; state wild, scenic,
and recreational rivers; state historic sites; state rest areas,
which include all facilities established by the commissioner of
transportation for the safety, rest, comfort and use of the highway
traveler, and shall include all existing facilities designated as
rest areas and waysides by the commissioner of transportation; and
any other units not listed in this section that are classified under
section 86A.05.
Each individual state park, state recreation area, and so forth is
called a "unit."
86A.05 Classification and purposes. Subdivision 1. Classification. The
outdoor recreation system shall be comprised of units classified as
follows, and each unit shall be authorized, established, and
administered to accomplish the purpose and objectives of its
classification. Subd. 2. State park; purpose; resource and
site qualifications; administration. (a) A state park shall be
established to protect and perpetuate extensive areas of the state
possessing those resources which illustrate and exemplify Minnesota's
natural phenomena and to provide for the use, enjoyment, and
understanding of such resources without impairment for the enjoyment
and recreation of future generations. (b) No unit shall be
authorized as a state park unless its proposed location substantially
satisfies the following criteria: (1) Exemplifies the natural
characteristics of the major landscape regions of the state, as shown
by accepted classifications, in an essentially unspoiled or restored
condition or in a condition that will permit restoration in the
foreseeable future; or contains essentially unspoiled natural
resources of sufficient extent and importance to meaningfully
contribute to the broad illustration of the state's natural
phenomena; and (2) Contains natural resources, sufficiently
diverse and interesting to attract people from throughout the state;
and (3) Is sufficiently large to permit protection of the plant
and animal life and other natural resources which give the park its
qualities and provide for a broad range of opportunities for human
enjoyment of these qualities. (c) State parks shall be
administered by the commissioner of natural resources in a manner
which is consistent with the purposes of this subdivision to
preserve, perpetuate, and interpret natural features that existed in
the area of the park prior to settlement and other significant
natural, scenic, scientific, or historic features that are present.
Management shall seek to maintain a balance among the plant and
animal life of the park and to reestablish desirable plants and
animals that were formerly indigenous to the park area but are now
missing. Programs to interpret the natural features of the park
shall be provided. Outdoor recreation activities to utilize the
natural features of the park that can be accommodated without
material disturbance of the natural features of the park or the
introduction of undue artificiality into the natural scene may be
permitted. Park use shall be primarily for aesthetic, cultural, and
educational purposes, and shall not be designed to accommodate all
forms or unlimited volumes of recreational use. Physical development
shall be limited to those facilities necessary to complement the
natural features and the values being preserved. Subd. 3.
State recreation area; purpose; resource and site qualifications;
administration. (a) A state recreation area shall be established
to provide a broad selection of outdoor recreation opportunities in a
natural setting which may be used by large numbers of people.
(b) No unit shall be authorized as a state recreation area unless its
proposed location substantially satisfies the following criteria:
(1) Contains natural or artificial resources which provide
outstanding outdoor recreational opportunities that will attract
visitors from beyond the local area; (2) Contains resources which
permit intensive recreational use by large numbers of people; and
(3) May be located in areas which have serious deficiencies in public
outdoor recreation facilities, provided that state recreation areas
should not be provided in lieu of municipal, county, or regional
facilities. (c) State recreation areas shall be administered by
the commissioner of natural resources in a manner which is consistent
with the purposes of this subdivision primarily to provide as broad a
selection of opportunities for outdoor recreation as is consistent
with maintaining a pleasing natural environment. Scenic, historic,
scientific, scarce, or disappearing resources within state recreation
areas shall be recommended for authorization as historic sites or
designated scientific and natural areas pursuant to section 86A.08
to preserve and protect them. Physical development shall enhance and
promote the use and enjoyment of the natural recreational resources
of the area. Subd. 4. State trail; purpose; resource and
site qualifications; administration; designation. (a) A state
trail shall be established to provide a recreational travel route
which connects units of the outdoor recreation system or the national
trail system, provides access to or passage through other areas which
have significant scenic, historic, scientific, or recreational
qualities or reestablishes or permits travel along an historically
prominent travel route or which provides commuter transportation.(b) No unit shall be authorized as a state trail unless its
proposed location substantially satisfies the following criteria:
(1) Permits travel in an appropriate manner along a route which
provides at least one of the following recreational opportunities:(i) travel along a route which connects areas or points of
natural, scientific, cultural, and historic interest; (ii) travel
through an area which possesses outstanding scenic beauty; (iii)
travel over a route designed to enhance and utilize the unique
qualities of a particular manner of travel in harmony with the
natural environment; (iv) travel along a route which is
historically significant as a route of migration, commerce, or
communication; (v) travel between units of the state outdoor
recreation system or the national trail system; and (2) Utilizes,
to the greatest extent possible consistent with the purposes of this
subdivision, public lands, rights-of-way, and the like; and (3)
Provides maximum potential for the appreciation, conservation, and
enjoyment of significant scenic, historical, natural, or cultural
qualities of the areas through which the trail may pass; and (4)
Takes into consideration predicted public demand and future use.
(c) State trails shall be administered by the commissioners of
transportation or natural resources as specified by law in a manner
which is consistent with the purposes of this subdivision. State
trails established by the commissioner of natural resources shall be
managed to provide a travel route through an area with a minimum
disturbance of the natural environment and recognizing other multiple
land use activities. Trail markers shall be limited to those
providing safety information and interpretation. (d) Facilities
for the rest and comfort of trail users shall be provided primarily
within units of the outdoor recreation system through which the trail
passes. When additional facilities are required to insure the rest
and comfort of the traveler, the managing agency may develop such
facilities along the trail and shall designate the facilities as
trail waysides. In addition to the foregoing purpose, trail waysides
shall be developed for the preservation and interpretation of the
trail's natural, historic, or scenic values, and may include
facilities for primitive camping, picnicking, sanitation, and parking
for access to the trail. Subd. 5. State scientific and
natural areas; purpose; resource and site qualifications;
administration; designation. (a) A state scientific and natural
area shall be established to protect and perpetuate in an undisturbed
natural state those natural features which possess exceptional
scientific or educational value. (b) No unit shall be authorized
as a scientific and natural area unless its proposed location
substantially satisfies the following criteria: (1) Embraces
natural features of exceptional scientific and educational value,
including but not limited to any of the following: (i) natural
formations or features which significantly illustrate geological
processes; (ii) significant fossil evidence of the development of
life on earth; (iii) an undisturbed plant community maintaining
itself under prevailing natural conditions typical of Minnesota;
(iv) an ecological community significantly illustrating the process
of succession and restoration to natural condition following
disruptive change; (v) a habitat supporting a vanishing, rare,
endangered, or restricted species of plant or animal; (vi) a
relict flora or fauna persisting from an earlier period; or (vii)
a seasonal haven for concentrations of birds and animals, or a
vantage point for observing concentrated populations, such as a
constricted migration route; and (2) Embraces an area large
enough to permit effective research or educational functions and to
preserve the inherent natural values of the area. (c) State
scientific and natural areas shall be administered by the
commissioner of natural resources, in consultation with qualified
persons, in a manner which is consistent with the purposes of this
subdivision to preserve, perpetuate and protect from unnatural
influences the scientific and educational resources within them.
Interpretive studies may be provided for the general public.
Physical development shall be limited to the facilities absolutely
necessary for protection, research, and educational projects, and,
where appropriate, for interpretive services. (d) An area
designated as a state scientific and natural area shall not be
altered in designation or use without holding a public hearing on the
matter at a time and place designated in the notice of the hearing,
which shall be published once in a legal newspaper in each county in
which the lands are situated at least seven days in advance of the
hearing. At the hearing the commissioner shall provide an
opportunity for any person to be heard. The commissioner may
designate these areas by written order published in the State
Register. Designations are not subject to the rulemaking provisions
of chapter 14 and section 14.386
does not apply. (e) At the discretion of the managing agency,
each scientific and natural area shall be designated as one of the
following types: (i) Research unit. Use is limited to programs
conducted by qualified scientists and college graduate and
postgraduate students. (ii) Educational unit. Permitted uses
include all activities specified in paragraph (i) above and primary,
secondary, and college undergraduate programs. (iii) Public use
unit. Permitted uses include all uses permitted in paragraphs (i)
and (ii) above and interpretive programs for the benefit of the
general public. Subd. 6. State wilderness area; purpose;
resource and site qualifications; administration. (a) A state
wilderness area shall be established to preserve, in a natural wild
and undeveloped condition, areas which offer outstanding
opportunities for solitude and primitive types of outdoor recreation.(b) No unit shall be authorized as a state wilderness area unless
its proposed location substantially satisfies the following criteria:Appears to have been primarily affected by the forces of nature,
with the evidence of humanity being substantially unnoticeable or
where the evidence of humanity may be eliminated by restoration.
(c) State wilderness areas shall be administered by the commissioner
of natural resources in a manner which is consistent with the
purposes of this subdivision, and shall be managed only to the extent
necessary to control fire, insects, and disease, and to preserve
existing wilderness or reestablish wilderness conditions. There
shall be no development of public roads, permanent dwellings, or
recreational facilities except trails for nonmotorized traffic.
Motorized traffic shall not be allowed. No commercial utilization of
timber or minerals shall be allowed. Facilities existing at the time
of establishment shall be removed. Subd. 7. State forests
and state forest subareas; purpose; resource and site qualifications;
administration. (a) A state forest, as established by section 89.021,
shall be administered to accomplish the purposes set forth in that
section, and a state forest subarea shall be established to permit
development and management of specialized outdoor recreation at
locations and in a manner consistent with the primary purpose of the
forest. (b) No unit shall be authorized as a state forest
subarea unless it is located within a state forest and contains
suitable natural resources to accommodate any of the following uses:(1) Day use areas. Areas which permit recreational use of the
forest in its natural state, not requiring an overnight stay,
including but not limited to picnicking, fishing, swimming, boat
launching, hiking, interpretation, and nature observation. (2)
Campground. Provide minimum facilities to accommodate overnight
camping. (c) Outdoor recreation subareas located within state
forests shall be administered by the commissioner of natural
resources in a manner which is consistent with the purposes of this
subdivision. Subd. 8. State wildlife management area;
purpose; resource and site qualifications; administration. (a) A
state wildlife management area shall be established to protect those
lands and waters which have a high potential for wildlife production
and to develop and manage these lands and waters for the production
of wildlife, for public hunting, fishing, and trapping, and for other
compatible outdoor recreational uses. (b) No unit shall be
authorized as a state wildlife management area unless its proposed
location substantially satisfies the following criteria: (1)
Includes appropriate wildlife lands and habitat, including but not
limited to marsh or wetlands and the margins thereof, ponds, lakes,
stream bottomlands, and uplands, which permit the propagation and
management of a substantial population of the desired wildlife
species; and (2) Includes an area large enough to ensure adequate
wildlife management and regulation of the permitted recreational
uses. (c) State wildlife management areas shall be administered
by the commissioner of natural resources in a manner which is
consistent with the purposes of this subdivision to perpetuate, and
if necessary, reestablish quality wildlife habitat for maximum
production of a variety of wildlife species. Public hunting,
fishing, trapping, and other uses shall be consistent with the
limitations of the resource, including the need to preserve an
adequate brood stock and prevent long term habitat injury or
excessive wildlife population reduction or increase. Physical
development may provide access to the area, but shall be so developed
as to minimize intrusion on the natural environment. Subd. 9.State water access site; purpose; resource and site
qualifications; administration. (a) A state water access site
shall be established to provide public access to rivers and lakes
which are suitable for outdoor water recreation and where the access
is necessary to permit public use. (b) No unit shall be
authorized as a state water access site unless its proposed location
substantially satisfies the following criteria: (1) The body of
water to which access is being provided and surrounding lands can
withstand additional recreational use without undue damage to the
environment or undue risks to the health and safety of water users;(2) Public access to the body of water is either nonexistent or
inadequate. (c) State water access sites shall be administered
by the commissioner of natural resources or the commissioner of
transportation in a manner which is consistent with the purposes of
this subdivision to provide public access to water. Access roads,
off-road parking areas, refuse containers, sanitary facilities, and
facilities for limited picnicking and primitive camping may be
provided when the commissioner determines that these activities are
justifiable and are compatible with the resource and the natural
environment. Subd. 10. State wild, scenic, and recreational
rivers; purpose; resource and site qualifications; administration;
designation. (a) State wild, scenic, and recreational rivers
shall be established to protect and maintain the natural
characteristics of all or a portion of a river or stream, or its
tributaries, or lake through which the river or stream flows which
together with adjacent lands possesses outstanding scenic,
scientific, historical, or recreational value, as provided by
sections 103F.301
to 103F.345.(b) State wild, scenic, and recreational rivers shall be
administered by the commissioner of natural resources in a manner
which is consistent with the purposes of this subdivision and
sections 103F.301
to 103F.345.Subd. 11. State historic sites; purpose; resource and site
qualifications; administration; designation. (a) A state historic
site shall be established to preserve, restore, and interpret
buildings and other structures, locales, sites, antiquities, and
related lands which aptly illustrate significant events,
personalities, and features of the history and archaeology of the
state or nation. (b) No unit shall be authorized as a state
historic site unless it is historically important for any of the
following reasons: (1) Is the site of or directly associated with
a significant historical event; or (2) Is associated with persons
whose lives and accomplishments are historically unique or important;
or (3) Embodies the distinctive characteristics of an
architectural style or method of construction which represents a
particular and significant historical period, or the work of a master
builder, designer, or architect; or (4) Has yielded, or is likely
to yield, historical or archaeological artifacts, records, or other
original data or information; or (5) Is a geographical feature of
outstanding significance and includes, by way of example, the highest
point in the state, the continental divide, and the source of the
Mississippi River. (c) State historic sites shall be
administered by the commissioner of natural resources, the Minnesota
Historical Society, the Board of Regents of the University of
Minnesota, governmental subdivisions of the state, or by county
historical societies jointly or independently as designated by law in
a manner which is consistent with the purposes of this subdivision to
maintain and, if necessary, restore the historical integrity of the
site to commemorate or illustrate its historical importance. Ancient
features of significance shall be protected from disturbance until
archaeological research has been completed. Interpretive programs
for visitors shall be provided including, where practicable,
interpretation of research programs under supervised conditions.
Recreational use of natural features shall be permitted only where
this can be accomplished without detriment to historical values.
Physical development shall be limited to those facilities necessary
to achieve the management and use objectives. Subd. 12.
State rest area; purpose; resource and site qualifications;
administration. (a) A state rest area shall be established to
promote a safe, pleasurable, and informative travel experience along
Minnesota highways by providing areas and facilities at reasonable
intervals for information, emergencies, or the rest and comfort of
travelers. (b) No unit shall be authorized as a state rest area
unless its proposed location substantially satisfies the following
criteria: (1) Is adjacent to or in near proximity to a trunk or
interstate highway; (2) Is developed at appropriate intervals
based on the type of road system, traffic and traffic projections and
known or projected usage of the proposed development; (3) May be
near or associated with a place or area of natural, scientific,
cultural, or historic interest. (c) Rest areas shall be
administered by the commissioner of transportation in cooperation
with other agencies as appropriate in a manner which is consistent
with the purposes of this subdivision. State rest areas may be
managed to provide parking, resting, restroom, picnicking,
orientation, travel information, and other facilities for the
convenience of the traveling public. Where located in conjunction
with features of interest, state rest areas shall provide
interpretive exhibits or other facilities if appropriate to promote
understanding and enjoyment of the features. Subd. 13.
Additional parks; administration. All other state parks which,
though not meeting the resource and site qualifications contained in
subdivisions 2 and 3, were in existence on January 1, 1984, shall be
administered by the commissioner of natural resources as units of the
outdoor recreation system. Subd. 14. Aquatic management
areas. (a) Aquatic management areas may be established to
protect, develop, and manage lakes, rivers, streams, and adjacent
wetlands and lands that are critical for fish and other aquatic life,
for water quality, and for their intrinsic biological value, public
fishing, or other compatible outdoor recreational uses. (b)
Aquatic management areas may be established to protect wetland areas
under ten acres that are donated to the Department of Natural
Resources. (c) No unit may be authorized unless it meets one or
more of the following criteria: (1) provides angler or management
access; (2) protects fish spawning, rearing, or other unique
habitat; (3) protects aquatic wildlife feeding and nesting areas;(4) protects critical shoreline habitat; or (5) provides a
site for research on natural history. (d) Aquatic management
areas must be administered by the commissioner of natural resources
in a manner consistent with the purposes of this subdivision to
perpetuate and, if necessary, reestablish high quality aquatic
habitat for production of fish, wildlife, and other aquatic species.
Public fishing and other uses shall be consistent with the
limitations of the resource, including the need to preserve adequate
populations and prevent long-term habitat injury or excessive fish
population reduction or increase. Public access to aquatic
management areas may be closed during certain time periods. (e)
State-owned lands or waters, or any state-owned interests in lands or
waters, acquired before August 1, 2000, that meet the criteria of
this subdivision and that have been administered by the commissioner
of natural resources as fish management areas or other areas of
fishery interest are authorized as units of the outdoor recreation
system upon designation by the commissioner of natural resources as
aquatic management areas.
86A.06 Rules.
Each managing agency shall promulgate rules relating to the units of
the outdoor recreation system within its jurisdiction, which shall
provide for administration of the units in the manner specified in
section 86A.05
and the laws relating to each type of unit.
86A.07 Authorization and acquisition of units. Subdivision 1. Legislative
authorization. A unit of the outdoor recreation system shall be
deemed to be authorized upon the enactment of a law (1) describing
the land, water, or facility which shall comprise the unit; (2)
designating the unit's classification pursuant to section 86A.05;
(3) directing and authorizing acquisition of the unit thus described;
and (4) specifying the methods of acquisition and the types of
interests in land that may be acquired. Subd. 2.
Acquisition. Upon authorization of a unit pursuant to subdivision
1, the managing agency shall as soon as possible acquire the lands,
waters, or facilities as authorized. Subd. 3. Authorization
by designation. In any instance where a managing agency, or the
commissioner of administration on behalf of the managing agency, is
specifically empowered by law to acquire lands or waters or any
interest in lands or waters for the purpose of establishing units of
the outdoor recreation system a unit may be authorized upon (1) the
acquisition of land and waters pursuant to the lawful exercise of the
power to acquire and (2) the designation by the managing agency of
the land and waters as a classified unit of the outdoor recreation
system by written order published in the State Register.
Designations are not subject to the rulemaking provisions of chapter
14 and section 14.386
does not apply.
86A.08 Authorization of secondary units. Subdivision 1. Secondary
authorization; when permitted. A unit of the outdoor recreation
system may be authorized wholly or partially within the boundaries of
another unit only when the authorization is consistent with the
purposes and objectives of the respective units and only in the
instances permitted below: (a) The following units may be
authorized wholly or partially within a state park: historic site,
scientific and natural area, wilderness area, wild, scenic, and
recreational river, trail, rest area, and water access site. (b)
The following units may be authorized wholly or partially within a
state recreation area: historic site, scientific and natural area,
wild, scenic, and recreational river, trail, rest area, and water
access site. (c) The following units may be authorized wholly or
partially within a state forest: state park, state recreation area,
historic site, wildlife management area, scientific and natural area,
wilderness area, wild, scenic, and recreational river, trail, rest
area, and water access site. (d) The following units may be
authorized wholly or partially within a state historic site: wild,
scenic, and recreational river, trail, rest area, and water access
site. (e) The following units may be authorized wholly or
partially within a state wildlife management area: state water access
site. (f) The following units may be authorized wholly or
partially within a state wild, scenic, or recreational river: state
park, historic site, scientific and natural area, wilderness area,
trail, rest area, and water access site. (g) The following units
may be authorized wholly or partially within a state rest area:
historic site, trail, wild, scenic, and recreational river, and water
access site. Subd. 2. Administration of secondary
units. A unit shall be administered by the managing agency to
which it is assigned by section 86A.05
even when located wholly or partially within another unit
administered by a different managing agency, unless otherwise
specifically provided by law or by agreement between the agencies
involved.
86A.09 Development and establishment of units. Subdivision 1. Master plan
required. No construction of new facilities or other development
of an authorized unit, other than repairs and maintenance, shall
commence until the managing agency has prepared and submitted to the
commissioner of natural resources and the commissioner has reviewed,
pursuant to this section, a master plan for administration of the
unit in conformity with this section. No master plan is required for
wildlife management areas that do not have resident managers, for
water access sites, for aquatic management areas, or for rest areas.Subd. 2. Master plan; preparation and content. The
managing agency shall supervise preparation of the master plan and
shall utilize the professional staffs of any agency of the state when
the expertise of the staff of such agency is necessary to adequately
prepare the master plan; the master plan shall present the
information in a format and detail that is appropriate to the size
and complexity of the authorized unit. When the master plan has been
completed the managing agency shall announce to the public in a
manner reasonably designed to inform interested persons that the
master plan is available for public review and in the case of any
major unit shall hold at least one public hearing on the plan in the
vicinity of the unit. The managing agency shall make the master plan
available for review and comment by the public and other state
agencies for at least 30 days following the announcement and before
submitting the master plan to the commissioner of natural resources.
Copies of the plan shall be provided to members of the Outdoor
Recreation Advisory Council and to any other person on request.
Subd. 3. Master plan; review and approval. All master plans
required by this section shall be submitted to the commissioner of
natural resources for review pursuant to this subdivision. The
commissioner of natural resources shall review the master plan to
determine whether the plan: (a) provides for administration of the
unit in a manner that is consistent with the purposes for which the
unit was authorized and with the principals governing the
administration of the unit, as specified in section 86A.05
and the statutes relating to each type of unit; (b) recognizes values
and resources within the unit that are primarily the responsibility
of another managing agency to protect or develop, and provides for
their protection or development either through a cooperative
agreement with the other managing agency or through designation of
the appropriate area as a secondary unit. In reviewing any master
plan, the commissioner of natural resources shall consult with other
state agencies. Within 60 days after receiving the master plan, the
commissioner of natural resources shall notify the managing agency
that the plan has been reviewed and forward its recommendations for
any changes it might suggest. The managing agency shall review the
recommendations and notify the commissioner of natural resources of
the disposition made of them. Failure to comment on a master plan
within the time specified shall be considered approval of the plan by
the commissioner of natural resources. If the commissioner of
natural resources feels that the master plan still fails
significantly to comply with this subdivision, the commissioner may
request review of the master plan by the governor. In that event
review shall not be deemed completed until after the master plan has
been approved by the governor or 60 days have elapsed without action
by the governor to approve or reject the plan, whichever occurs
first. Subd. 4. Development. Construction of necessary
facilities and other development of the unit shall commence as soon
as practicable after review of the master plan by the commissioner of
natural resources, and the governor if requested, and shall be
carried out in conformity with the master plan. Subd. 5.
Establishment. When, in the opinion of the managing agency,
acquisition and development of the unit are sufficiently complete to
permit operation and administration of the unit in substantial
conformity with the master plan as approved, the managing agency
shall declare the unit established and ready for use.
86A.10
Subdivision 1. Repealed, 1993 c 163 art 1 s 35; 1993 c 337 s 20
Subd. 2. Repealed, 1983 c 260 s 68; 1993 c 163 art 1 s 35 Subd.
3. Repealed, 1976 c 149 s 63;1993 c 163 art 1 s 35 Subd. 4.
Repealed, 1976 c 149 s 63;1993 c 163 art 1 s 35 Subd. 5.
Repealed, 1976 c 149 s 63;1993 c 163 art 1 s 35
86A.11 Registry of units. The commissioner of natural resources shall compile
and maintain a current registry of the name, location, size, and
description of all units of the outdoor recreation system under the
commissioner's jurisdiction and under the jurisdiction of the
Minnesota Historical Society and the commissioner of transportation.
The commissioner of natural resources shall publish and distribute
the information contained in the registry in a form and manner
suitable to assist persons wishing to use these units. The Minnesota
Historical Society and the commissioner of transportation shall
cooperate with and assist the commissioner of natural resources in
preparing and distributing the registry.
86A.20 Definitions. Subdivision 1. Applicability. For the purposes of
sections 86A.20 to 86A.24,
the terms defined in this section have the meanings given them.
Subd. 2. Commissioner. "Commissioner" means the commissioner
of natural resources. Subd. 3. Mooring facility.
"Mooring facility" means one or more anchorage or boat slips provided
for the safe and convenient docking of boats, which may also provide
utility, fuel, or sewage pump-out services to the docked boats.
Subd. 4. Small craft harbor. "Small craft harbor" means a
protected harbor with boat tie-ups consisting of piers or moorings,
boat launches, and support facilities such as roads and parking
areas. Subd. 5. Marina. "Marina" means a mooring
facility providing additional services to boats, such as repairs,
haul-out, winter storage, food and beverage service, and services and
facilities of a related nature.
86A.21 Powers and duties of commissioner. (a) The commissioner may: (1) acquire,
construct, and maintain small craft harbors, channels, and facilities
for recreational watercraft in the navigable waters lying within the
locations identified in Laws 1993, chapter 333, section 1; (2)
acquire by purchase, lease, gift, or condemnation the lands,
rights-of-way, easements, and other interests necessary for small
craft harbors, channels, mooring facilities, marinas, launching
ramps, and facilities normally used to support harbors of refuge,
channels, docks, and launching ramps; (3) provide the public
within the boundaries of small craft harbors, through leases of
public property, with mooring facilities and marinas developed and
operated by public or nonpublic entities at no cost to the state or
its political subdivisions; (4) charge fees for both seasonal and
daily moorage at state-operated or state-assisted small craft harbors
and mooring facilities; (5) collect the proceeds from the sale of
marine fuel at small craft harbors or mooring facilities operated by
the state. (b) Fees and proceeds collected under paragraph (a)
must be credited to the water recreation account. The sale prices of
marine fuel and petroleum supplies and fees under paragraph (a) are
not subject to the rulemaking provisions of chapter 14 and section 14.386
does not apply. The commissioner may establish the fees under
paragraph (a) notwithstanding section 16A.1283.
The fees and proceeds are appropriated to the commissioner of natural
resources and must be used for purposes relating to mooring
facilities and small craft harbors, including: (1) operation and
maintenance; (2) purchase of marine fuel and other petroleum
supplies; (3) replacement or expansion; or (4) debt service
on funds provided through the sale of state bonds. (c) Fees
collected at small craft harbors and boating facilities constructed
or operated by local units of government with financial assistance
from the state shall, after payment of the costs of operating and
maintaining the facilities, be used for purposes relating to mooring
facilities and small craft harbors, including: (1) operation and
maintenance; (2) replacement or expansion; or (3) debt
service on funds provided through the sale of state bonds.
86A.22 Authority of local units of government. Counties, towns, and home rule
charter and statutory cities of this state abutting on Lake Superior
or inland waterways connected with Lake Superior for navigation and
shelter of recreational watercraft are authorized by majority vote of
their respective governing bodies to enter into contracts and
agreements with the commissioner to accomplish the purposes of
sections 86A.20
to 86A.24.

86A.23 Open facilities; liability exemption. Facilities in harbors and connecting
waterways established under sections 86A.20
to 86A.24
shall be public and open to all users on equal and reasonable terms.
Users shall have no cause of action against owners of land adjacent
to small craft harbors and mooring facilities for damage as a result
of noise and dust generated by facilities of iron-producing
industries.
86A.24 Financing of harbors and facilities. The commissioner may take actions
necessary to: (1) provide the finances required of nonfederal
sponsors as a condition for United States participation in any
project in which the commissioner is empowered to participate;
(2) enter into agreements with the United States Army Corps of
Engineers to provide the funds and other items of local cooperation
required as a condition precedent to the construction of a harbor,
mooring facility, or marina project; and (3) enter into
agreements with political subdivisions of this state regarding
participation with the United States in any project within the
commissioner's authority, and to make adjustments which in the
judgment of the commissioner are in the best interest of the state.