HF 2791

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 04:14pm

A bill for an act
relating to natural resources; protecting land, water quality, aquatic life, and wildlife
from effects of using certain motorized recreational trails; requiring environmental
assessment worksheet to construct or expand off-highway vehicle trails; requiring
rulemaking; amending Minnesota Statutes 2022, section 84.777; repealing
Minnesota Statutes 2022, section 84.926, subdivision 1; Laws 2003, chapter 128,
article 1, section 167, subdivision 1, as amended; Minnesota Rules, part 6100.0500,
subpart 8d.

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

Section 1. new text begin LEGISLATIVE FINDINGS.
new text end

new text begin (a) The legislature finds that the state of Minnesota has an abundance of natural resources
and that there is growing interest in the use of off-highway vehicles by its residents. The
legislature further finds that as the use of off-highway vehicles increasingly encroaches on
the state's natural resources, including aquatic and wildlife habitats, it is necessary to ensure
that the regulation of off-highway vehicles is undertaken in a manner that:
new text end

new text begin (1) protects these vital natural resources and habitats;
new text end

new text begin (2) ensures that off-highway vehicle users can easily discern where off-highway vehicles
may permissibly be used; and
new text end

new text begin (3) aids conservation officers in carrying out their law enforcement duties.
new text end

new text begin (b) The legislature further finds that, in accordance with the 2003 report of the Legislative
Auditor entitled State-Funded Trails for Motorized Recreation, creating and expanding
most off-highway vehicle trails and designated routes warrants completion of an
environmental assessment worksheet because of the significant potential environmental
impacts of those trails and the need to make environmental assessment transparent to the
public.
new text end

Sec. 2.

Minnesota Statutes 2022, section 84.777, is amended to read:

84.777 OFF-HIGHWAY VEHICLES AND SNOWMOBILES; USE OF deleted text begin STATE deleted text end new text begin
PUBLIC new text end LANDS RESTRICTED.

Subdivision 1.

Designated trails.

(a) deleted text begin Except as otherwise allowed by law or rules adopted
by the commissioner, effective June 1, 2003, deleted text end Notwithstanding sections 84.787 to 84.804
and 84.92 to 84.928, the use of off-highway vehicles is prohibited on state land administered
by the commissioner of natural resources deleted text begin , deleted text end and on county-administered forest land within
the boundaries of a state forest, except on roads and trails specifically designated and posted
by the commissioner for use by off-highway vehicles. new text begin The commissioner may limit the use
of off-highway vehicles under this subdivision to specific purposes or seasons but must
include these limitations in the designation and posting under this subdivision.
new text end

(b) Paragraph (a) does not apply to county-administered land within a state forest if the
county board adopts a resolution that modifies restrictions on the use of off-highway vehicles
on county-administered land within the forest.

new text begin (c) An off-highway vehicle trail or designated off-highway vehicle route that is on a
state forest road or trail, national forest road or trail, township road or trail, county road or
trail, or other state road or trail does not include:
new text end

new text begin (1) Tribal lands or Ceded Territory unless the appropriate Tribal government approves
inclusion in the trail or route;
new text end

new text begin (2) land that is not approved for inclusion in the trail or route by the county, township,
and road authority where the land is located;
new text end

new text begin (3) an unpaved road or trail that crosses over waters designated as outstanding resource
value waters or as exceptional habitat waters under Minnesota Rules, chapter 7050;
new text end

new text begin (4) land designated by the commissioner of agriculture or a county as containing
prohibited noxious weeds, restricted noxious weeds, or county noxious weeds under sections
18.76 to 18.91;
new text end

new text begin (5) an unpaved road that is less than 300 feet from a public water that supports aquatic
life; or
new text end

new text begin (6) an unpaved road that is less than 150 feet from a public water that does not support
aquatic life.
new text end

new text begin (d) Paragraph (c) must not be construed to affect roads or trails constructed or authorized
before the effective date of that paragraph.
new text end

Subd. 2.

Seasonal restrictions.

(a) Except for designated forest roads, a person must
not operate an off-highway vehicle or snowmobile on state forest lands during the firearms
deer-hunting season in areas of the state where deer may be taken by rifle. This paragraph
does not apply to a person in possession of a valid deer-hunting license operating an
off-highway vehicle or snowmobile before or after legal shooting hours or from 11:00 a.m.
to 2:00 p.m.

(b) The commissioner may designate and post winter trails on state forest lands for use
by off-highway vehicles.

(c) For the purposes of this subdivision, "state forest lands" means forest lands under
the authority of the commissioner as defined in section 89.001, subdivision 13, and lands
managed by the commissioner under section 282.011.

Subd. 3.

Mapped trails.

deleted text begin (a) deleted text end Except as provided in sections 84.926 and 84.928, after
completion of official department off-highway vehicle maps for the area, a person must not
operate an off-highway vehicle on state land that is not mapped for the type of off-highway
vehicle. deleted text begin This paragraph does not apply to state forest land north of U.S. Highway 2 until deleted text end
deleted text begin after June 30, 2009.
deleted text end

deleted text begin (b) This subdivision does not apply to a forest access route in a managed forest north of
U.S. Highway 2 that the commissioner has not designated as a road or trail. Forest access
routes will not be signed or maintained and will not be included on published user maps of
the forest. Off-highway vehicle operation on forest access routes is subject to the prohibitions
on causing erosion, rutting, damage to trees or crops, and construction of unauthorized trails
contained in Minnesota Rules. Damaged routes are subject to closure to off-highway vehicle
use.
deleted text end

Subd. 4.

Rulemaking exemption.

Determinations of the commissioner under this section
may be by written order published in the State Register and are exempt from the rulemaking
provisions of chapter 14. Section 14.386 does not apply.

new text begin Subd. 5. new text end

new text begin Exception by permit. new text end

new text begin Notwithstanding subdivisions 1 to 4 and section 84.773,
subdivision 1, on a case-by-case basis, the commissioner may issue a permit authorizing a
person to operate an off-highway vehicle on individual public trails under the commissioner's
jurisdiction during specified times and for specified purposes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 1, paragraph (c), clauses (1) and (2), are effective
the day following final enactment. The remainder of this section is effective August 1, 2023.
new text end

Sec. 3. new text begin CONFORMING CHANGES TO RULE; FOREST CLASSIFICATIONS.
new text end

new text begin (a) The commissioner of natural resources must amend Minnesota Rules, part 6100.1950,
to provide that, effective August 1, 2024, and in accordance with Minnesota Statutes, section
84.777, subdivision 1, use of off-highway vehicles is prohibited on state land administered
by the commissioner of natural resources and on county-administered forest land within
the boundaries of a state forest, except as provided in Minnesota Statutes, section 84.777.
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt the rule required under this section, and
Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota
Statutes, section 14.388.
new text end

Sec. 4. new text begin MANDATORY ENVIRONMENTAL ASSESSMENT WORKSHEET
PREPARATION FOR OFF-HIGHWAY VEHICLE TRAILS.
new text end

new text begin (a) The Environmental Quality Board must amend Minnesota Rules, part 4410.4300,
subpart 37, to make preparation of an environmental assessment worksheet mandatory for
any off-highway vehicle trail construction or expansion, except for rerouting one mile or
less of an existing off-highway vehicle trail.
new text end

new text begin (b) The board may use the good cause exemption under Minnesota Statutes, section
14.388, subdivision 1, clause (3), to adopt the rule required under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section
14.388.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to
construction or expansion completed on or after that date.
new text end

Sec. 5. new text begin COST ESTIMATE.
new text end

new text begin By January 15, 2024, the commissioner of natural resources must submit to the chairs
and ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over environment and natural resources:
new text end

new text begin (1) an estimate of the signage, mapping, and related costs to the agency to implement
this act. It is the intent of the legislature to pay for these costs in the future with money from
the off-road vehicle account in the natural resources fund; and
new text end

new text begin (2) recommendations for amending Minnesota Statutes consistent with rules changes
made, or anticipated to be made, under section 3.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 84.926, subdivision 1, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Laws 2003, chapter 128, article 1, section 167, subdivision 1, as amended by Laws
2005, First Special Session chapter 1, article 2, section 152, Laws 2007, chapter 57, article
1, section 155, new text end new text begin is repealed.
new text end

new text begin (c) new text end new text begin Minnesota Rules, part 6100.0500, subpart 8d, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

APPENDIX

Repealed Minnesota Statutes: 23-03096

84.926 VEHICLE USE ON PUBLIC LANDS; EXCEPTIONS.

Subdivision 1.

Exception by permit.

Notwithstanding sections 84.773, subdivision 1, and 84.777, on a case-by-case basis, the commissioner may issue a permit authorizing a person to operate an off-highway vehicle on individual public trails under the commissioner's jurisdiction during specified times and for specified purposes.

Repealed Minnesota Session Laws: 23-03096

Laws 2003, chapter 128, article 1, section 167, subdivision 1, as amended by Laws 2007, chapter 57, article 1, section 155;

Sec. 167. new text begin FOREST LAND OFF-HIGHWAY VEHICLE USE RECLASSIFICATION. new text end

Subdivision 1.

Forest classification status review.

(a) By December 31, 2006, the commissioner of natural resources shall complete a review of the forest classification status of all state forests classified as managed or limited, all forest lands under the authority of the commissioner as defined in Minnesota Statutes, section 89.001, subdivision 13, and lands managed by the commissioner under Minnesota Statutes, section 282.011. The review must be conducted on a forest-by-forest and area-by-area basis in accordance with the process and criteria under Minnesota Rules, part 6100.1950. Except as provided in paragraph (d), after each forest is reviewed, the commissioner must change deleted text begin its deleted text end new text begin the new text end status new text begin of the lands within each forest new text end to limited or closed deleted text begin , and deleted text end new text begin . The commissioner may classify portions of a limited forest as closed. The commissioner new text end must new text begin also new text end provide a similar status for each of the other areas subject to review under this section after each individual review is completed.

(b) If the commissioner determines on January 1, 2005, that the review required under this section cannot be completed by December 31, 2006, the completion date for the review shall be extended to December 31, 2008. By January 15, 2005, the commissioner shall report to the chairs of the legislative committees with jurisdiction over natural resources policy and finance regarding the status of the process required by this section.

(c) Until December 31, 2010, the state forests and areas subject to review under this section are exempt from Minnesota Statutes, section 84.777, unless an individual forest or area has been classified as limited or closed.

(d) Notwithstanding the restrictions in paragraph (a), and Minnesota Statutes, section 84.777, new text begin subdivision 1, new text end all forest lands under the authority of the commissioner as defined in Minnesota Statutes, section 89.001, subdivision 13, and lands managed by the commissioner under Minnesota Statutes, section 282.011, that are north of U.S. Highway 2 shall maintain their present classification unless the commissioner reclassifies the lands under Minnesota Rules, part 6100.1950. The commissioner shall provide for seasonal trail closures when conditions warrant them. By December 31, 2008, the commissioner shall complete the review and designate trails on forest lands north of Highway 2 as provided in this section.

Repealed Minnesota Rule: 23-03096

6100.0500 DEFINITIONS.

Subp. 8d.

Scramble area.

"Scramble area" means an area that is posted and designated to permit motor vehicles to operate unrestricted by the limitations imposed in part 6100.1950.