SF 2315

as introduced - 93rd Legislature (2023 - 2024) Posted on 10/25/2023 09:12am

A bill for an act
relating to agriculture; adding nonnative Phragmites to noxious weeds provisions;
amending Minnesota Statutes 2022, section 18.78, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 18.78, subdivision 2, is amended to read:

Subd. 2.

Control of purple loosestrife new text begin and nonnative Phragmites new text end .

An owner of
nonfederal lands underlying public waters or wetlands designated under section 103G.201
is not required to control or eradicate purple loosestrife new text begin or nonnative Phragmites new text end below the
ordinary high water level of the public water or wetland. The commissioner of natural
resources is responsible for control and eradication of purple loosestrife new text begin and nonnative
Phragmites new text end on public waters and wetlands designated under section 103G.201, except those
located upon lands owned in fee title or managed by the United States. The officers,
employees, agents, and contractors of the commissioner of natural resources may enter upon
public waters and wetlands designated under section 103G.201 and, after providing
notification to the occupant or owner of the land, may cross adjacent lands as necessary for
the purpose of investigating purple loosestrife new text begin or nonnative Phragmites new text end infestations,
formulating methods of eradication, and implementing control and eradication of purple
loosestrife new text begin or nonnative Phragmites new text end . The commissioner of natural resources shall, by June
1 of each year, compile a priority list of purple loosestrife new text begin and nonnative Phragmites
new text end infestations to be controlled with herbicides in designated public waters. The commissioner
of natural resources must distribute the list to county agricultural inspectors, local weed
inspectors, and their appointed agents. The commissioner of natural resources shall control
listed purple loosestrife new text begin and nonnative Phragmites new text end infestations in priority order within the
limits of funding allocated for that purpose. This procedure shall supersede the other
provisions for control of noxious weeds set forth elsewhere in this chapter. The responsibility
of the commissioner of natural resources to control and eradicate purple loosestrife new text begin and
nonnative Phragmites new text end on public waters and wetlands located on private lands and the
authority to enter upon private lands ends ten days after receipt by the commissioner of a
written statement from the landowner that the landowner assumes all responsibility for
control and eradication of purple loosestrife new text begin and nonnative Phragmites new text end under sections 18.78
to 18.88. State officers, employees, agents, and contractors of the commissioner of natural
resources are not liable in a civil action for trespass committed in the discharge of their
duties under this section and are not liable to anyone for damages, except for damages
arising from gross negligence.