2006 Minnesota Statutes

CHAPTER 18G. PLANT PROTECTION AND EXPORT CERTIFICATION

18G.01 PLANT PROTECTION; POWERS OF COMMISSIONER.
(a) This chapter authorizes the commissioner to abate, suppress, eradicate, prevent, or
otherwise regulate the introduction or establishment of plant pests that threaten Minnesota's
agricultural, forest, or horticultural interests or the general ecological quality of the state.
(b) The commissioner may employ entomologists, plant pathologists, and other qualified
employees necessary to administer and enforce this chapter.
History: 2003 c 128 art 4 s 1

18G.02 DEFINITIONS.
    Subdivision 1. Scope. The definitions in this section apply to this chapter.
    Subd. 2. Biological control agent. "Biological control agent" means a parasite, predator,
pathogen, or competitive organism intentionally released by humans for the purpose of biological
control with the intent of causing a reduction of a host or prey population.
    Subd. 3. Certificate. "Certificate" means a document authorized or prepared by a federal or
state regulatory official that affirms, declares, or verifies that an article, plant, product, shipment,
or other officially regulated item meets phytosanitary, nursery inspection, pest freedom, plant
registration or certification, or other legal requirements.
    Subd. 4. Certification. "Certification" means a regulatory official's act of affirming,
declaring, or verifying compliance with phytosanitary, nursery inspection, pest freedom, plant
registration or certification, or other legal requirements.
    Subd. 5. Commissioner. "Commissioner" means the commissioner of agriculture or the
commissioner's designated employee, representative, or agent.
    Subd. 6. Compliance agreement. "Compliance agreement" means a written agreement
between a person and a regulatory agency to achieve compliance with regulatory requirements.
    Subd. 7. Conveyance. "Conveyance" is a means of transportation.
    Subd. 8. Department. "Department" means the Department of Agriculture.
    Subd. 9. Emergency regulation. "Emergency regulation" means a regulation placed in
effect by the commissioner without prior public notice in order to take necessary and immediate
regulatory action.
    Subd. 10. Eradication. "Eradication" means elimination of a pest from a defined geographic
area.
    Subd. 11. Exotic species. "Exotic species" means a species that is not native to the area.
Exotic species also means a species occurring outside its natural range.
    Subd. 12. Harmful plant pest. "Harmful plant pest" means a plant pest that constitutes a
significant threat to the agricultural, forest, or horticultural interests of Minnesota or the general
environmental quality of the state.
    Subd. 13. Infected. "Infected" means a plant that is:
(1) contaminated with pathogenic microorganisms;
(2) being parasitized;
(3) a host or carrier of an infectious, transmissible, or contagious pest; or
(4) so exposed to a plant listed in clause (1), (2), or (3) that one of those conditions can
reasonably be expected to exist and the plant may also pose a risk of contamination to other
plants or the environment.
    Subd. 14. Infested. "Infested" means a plant has been overrun by plant pests, including
weeds.
    Subd. 15. Invasive species. "Invasive species" means an exotic or nonnative species whose
introduction and establishment causes, or may cause, economic or environmental harm or harm to
human health.
    Subd. 16. Mark. "Mark" means an official indicator affixed by the commissioner for
purposes of identification or separation, to, on, around, or near, plants or plant material known or
suspected to be infected with a plant pest. This includes, but is not limited to, paint, markers, tags,
seals, stickers, tape, ribbons, signs, or placards.
    Subd. 17. Nursery stock. "Nursery stock" means a plant intended for planting or
propagation, including, but not limited to, trees, shrubs, vines, perennials, biennials, grafts,
cuttings, and buds that may be sold for propagation, whether cultivated or wild, and all viable
parts of these plants. Nursery stock does not include:
(1) field and forage crops;
(2) the seeds of grasses, cereal grains, vegetable crops, and flowers;
(3) vegetable plants, bulbs, or tubers;
(4) cut flowers, unless stems or other portions are intended for propagation;
(5) annuals; or
(6) Christmas trees.
    Subd. 18. Owner. "Owner" includes, but is not limited to, the person with the legal right of
possession, proprietorship of, or responsibility for the property or place where any of the articles
regulated in this chapter are found, or the person who is in possession of, proprietorship of, or
has responsibility for the regulated articles.
    Subd. 19. Permit. "Permit" means a document issued by a regulatory official that allows
the movement of any regulated item from one location to another in accordance with specified
conditions or requirements and for a specified purpose.
    Subd. 20. Person. "Person" means an individual, firm, corporation, partnership, association,
trust, joint stock company, or unincorporated organization; the state; a state agency; or a political
subdivision.
    Subd. 21. Pest. "Pest" means any living agent capable of reproducing itself that causes or
may potentially cause harm to plants or other biotic organisms.
    Subd. 22. Phytosanitary certificate or export certificate. "Phytosanitary certificate" or
"export certificate" means a document authorized or prepared by a duly authorized federal or
state official that affirms, declares, or verifies that an article, nursery stock, plant, plant product,
shipment, or any other officially regulated article meets applicable, legally established, plant pest
regulations, including this chapter.
    Subd. 23. Plant. "Plant" means a plant, plant product, plant part, or reproductive or
propagative part of a plant, plant product, or plant part, including all growing media, packing
material, or containers associated with the plant, plant part, or plant product.
    Subd. 24. Plant pest. "Plant pest" includes, but is not limited to, an invasive species or any
pest of plants, agricultural commodities, horticultural products, nursery stock, or noncultivated
plants by organisms such as insects, snails, nematodes, fungi, viruses, bacterium, microorganisms,
mycoplasma-like organisms, weeds, plants, and parasitic plants.
    Subd. 25. Preclearance. "Preclearance" means an agreement between quarantine officials of
exporting and importing states to pass plants, plant material, or other items through quarantine
by allowing the exporting state to inspect the plants preshipment, rather than the importing state
inspecting the shipment upon arrival.
    Subd. 26. Public nuisance. "Public nuisance" means:
(1) a plant, appliance, conveyance, or article that is infested with plant pests that may cause
significant damage or harm; or
(2) premises where a plant pest is found.
    Subd. 27. Quarantine. "Quarantine" means an enforced isolation or restriction of free
movement of plants, plant material, animals, animal products, or any article or material in order to
treat, control, or eradicate a plant pest.
    Subd. 28. Regulated article. "Regulated article" means any item, the movement of which is
governed by quarantine or this chapter.
    Subd. 29. Regulated nonquarantine pest. "Regulated nonquarantine pest" means a plant
pest that has not been quarantined by state or federal agencies and whose presence in plants or
articles may pose an unacceptable risk to nursery stock, other plants, the environment, or human
activities.
    Subd. 30. Significant damage or harm. "Significant damage" or "harm" means a level of
adverse impact that results in economic damage, injury, or loss that exceeds the cost of control
for a particular crop.
History: 2003 c 128 art 4 s 2

18G.03 POWERS AND DUTIES OF COMMISSIONER.
    Subdivision 1. Entry and inspection. (a) The commissioner may enter and inspect a public
or private place that might harbor plant pests and may require that the owner destroy or treat
plant pests, plants, or other material.
(b) If the owner fails to properly comply with a directive of the commissioner, the
commissioner may have any necessary work done at the owner's expense. The commissioner shall
notify the owner of the deadline for paying those expenses. If the owner does not reimburse the
commissioner for an expense within a time specified by the commissioner, the expense is a charge
upon the county as provided in subdivision 4.
(c) If a harmful plant pest infestation or infection threatens plants of an area in the state, the
commissioner may take any measures necessary to eliminate or alleviate the potential significant
damage or harm.
(d) The commissioner may collect fees required by this chapter.
(e) The commissioner may issue and enforce written or printed "stop-sale" orders,
compliance agreements, and other directives and requests to the owner or custodian of any plants
or articles infested or infected with a harmful plant pest.
    Subd. 2. Rules. The commissioner may adopt rules to carry out the purposes of this chapter.
    Subd. 3. Quarantine. The commissioner may impose a quarantine to restrict or prohibit
the transportation or distribution of plants or other materials capable of carrying plant pests
into or through any part of this state.
    Subd. 4. Collection of charges for work done for owner. If the commissioner incurs an
expense in conjunction with carrying out subdivision 1 and is not reimbursed by the owner
of the land, the expense is a legal charge against the land. After the expense is incurred, the
commissioner shall file verified and itemized statements of the cost of all services rendered with
the county auditor of the county in which the land is located. The county auditor shall place a lien
in favor of the commissioner against the land involved, which must be certified by the county
auditor and collected according to section 429.101.
History: 2003 c 128 art 4 s 3; 1Sp2005 c 1 art 1 s 28

18G.04 ERADICATION, CONTROL, AND ABATEMENT OF NUISANCES; ISSUING
CONTROL ORDERS.
    Subdivision 1. Public nuisance. Any premises, plant, appliance, conveyance, or article
that is infected or infested with plant pests that may cause significant damage or harm and any
premises where any plant pest is found is a public nuisance and must be prosecuted as a public
nuisance in all actions and proceedings. All legal remedies for the prevention and abatement of a
nuisance apply to a public nuisance under this section. It is unlawful for any person to maintain a
public nuisance.
    Subd. 2. Control order. In order to prevent the introduction or spread of harmful or
dangerous plant pests, the commissioner may issue orders for necessary control measures. These
orders may indicate the type of specific control to be used, the compound or material, the manner
or the time of application, and who is responsible for carrying out the control order. Control
orders may include directions to control or abate the plant pest to an acceptable level; eradicate
the plant pest; restrict the movement of the plant pest or any material, article, appliance, plant, or
means of conveyance suspected to be carrying the plant pest; or destroy plants or plant products
infested or infected with a plant pest. Material suspected of being infested or infected with a plant
pest may be confiscated by the commissioner.
History: 2003 c 128 art 4 s 4

18G.05 DISCOVERY OF PLANT PESTS; OFFICIAL MARKING OF INFESTED OR
INFECTED ARTICLES.
Upon knowledge of the existence of a dangerous or injurious plant pest or invasive species
within the state, the commissioner may conspicuously mark all plants, infested areas, materials,
and articles known or suspected to be infected or infested with the plant pest or invasive species.
Persons, owners, or tenants in possession of the premises or area in which the existence of the
plant pest or invasive species is suspected must be notified by the commissioner with prescribed
control measures. A person must comply with the commissioner's control order within the
prescribed time. If the commissioner determines that satisfactory control or mitigation of the pest
has been achieved, the order must be released.
History: 2003 c 128 art 4 s 5

18G.06 ESTABLISHMENT OF QUARANTINE RESTRICTIONS.
    Subdivision 1. Scope. The commissioner may impose a quarantine restricting or regulating
the production, movement, or existence of plants, plant products, agricultural commodities, crop
seed, farm products, or other articles or materials in order that the introduction or spread of a plant
pest may be prevented or limited or an existing plant pest may be controlled or eradicated.
    Subd. 2. Quarantine notice. (a) The commissioner may issue orders to take prompt
regulatory action in plant pest emergencies on regulated articles. If continuing quarantine action
is required, a formal quarantine may be imposed. Orders may be issued to retain necessary
quarantine action on a few properties if eradication treatments have been applied and continuing
quarantine action is no longer necessary for the majority of the regulated area.
(b) The commissioner may place an emergency regulation or quarantine in effect without
prior public notice in order to take immediate regulatory action to prevent the introduction or
establishment of a plant pest.
(c) The commissioner may enter into cooperative agreements with the United States
Department of Agriculture and other federal, state, city, or county agencies to assist in the
enforcement of federal quarantines. The commissioner may adopt a quarantine or regulation
against a pest or an area not covered by a federal quarantine. The commissioner may seize,
destroy, or require treatment of products moved from a federally regulated area if they were not
moved in accordance with the federal quarantine regulations or, if certified, they were found to
be infested with the pest organism.
(d) The commissioner may impose a quarantine against a plant pest that is not quarantined
in other states to prevent the spread of the plant pest within this state. The commissioner may
enact a quarantine against a plant pest of regional or national significance even when no federal
domestic quarantine has been adopted. These quarantines regulate intrastate movement between
quarantined and nonquarantined areas of this state. The commissioner may enact a parallel state
quarantine if there is a federal quarantine applied to a portion of the state.
(e) The commissioner may impose a state exterior quarantine if the plant pest is not
established in this state but is established in other states. State exterior quarantines may be enacted
even if no federal domestic quarantine has been adopted. The commissioner may issue control
orders at destinations necessary to prevent the introduction or spread of plant pests.
    Subd. 3. Description of regulated areas. (a) The regulated area to be described in a
quarantine may involve the entire state, portions of the state, or certain names and locations
of infested properties.
(b) Regulated quarantine areas may be subdivided into suppression areas and generally
infested areas if it is desirable to control movement into suppression areas from generally infested
areas.
(c) Quarantine provisions or areas regulated may be amended by the commissioner through
publication of a notice to that effect in local newspapers or through direct written notice to
affected property owners.
(d) If an infestation in a specific regulated area has been eliminated to the extent that
movement of the regulated articles no longer present a pest risk, the quarantine in that area
may be removed. The commissioner may also exempt areas from specified requirements until
eradication has been achieved.
    Subd. 4. Movement of regulated articles. (a) A regulated article may be refused entry into
this state if it is prohibited or is required to be certified and comes from an area regulated by a state
or federal quarantine. The owner or carrier of regulated articles that are reportedly originating in
nonregulated areas of a quarantined state must provide proof of origin of the regulated articles.
An invoice, waybill, or other shipping document satisfactory to the receiving state regulatory
official is acceptable as proof of origin.
(b) Certificates or permits are required for the movement of regulated articles from a
regulated area to any point outside the regulated area. Certificates or permits are not required for
a regulated article originating outside of a regulated area moving to another nonregulated area
or moving through or reshipped from a regulated area when the point of origin of the article
is clearly indicated on a waybill, bill of lading, shipper's invoice, or other similar document
accompanying the shipment. Shipments moving through or being reshipped from a regulated area
must be safeguarded against infestation while within the regulated area.
    Subd. 5. Public notification of a state quarantine or emergency regulation. (a) For pest
threats of imminent concern, the commissioner may declare an emergency quarantine or enact
emergency orders.
(b) If circumstances permit, public notice and a public hearing must be held to solicit
comments regarding the proposed state quarantine. If a pest threat is of imminent concern
and there is insufficient time to allow full public comment on the proposed quarantine, the
commissioner may impose an emergency quarantine until a state quarantine can be implemented.
(c) Upon establishment of a state quarantine, and upon institution of modifications or repeal,
notices must be sent to the principal parties of interest, including federal and state authorities, and
to organizations representing the public involved in the restrictive measures.
    Subd. 6. Quarantine repeal. A quarantine may be repealed when its purpose has been
accomplished. If a quarantine has attained its objective or if the progress of events has clearly
proved that attainment is not possible by the restrictions adopted, a quarantine may be modified or
repealed.
History: 2003 c 128 art 4 s 6

18G.07 TREE CARE AND TREE TRIMMING COMPANY REGISTRY.
    Subdivision 1. Creation of registry. The commissioner shall maintain a list of all persons
and companies that provide tree care or tree trimming services in Minnesota. All tree care
providers, tree trimmers, and persons who remove trees, limbs, branches, brush, or shrubs for hire
must provide the following information to the commissioner:
(1) accurate and up-to-date business name, address, and telephone number;
(2) a complete list of all Minnesota counties in which they work; and
(3) a complete list of persons in the business who are certified by the International Society of
Arborists.
    Subd. 2. Information dissemination. The commissioner shall provide registered tree care
companies with information and data regarding any existing or potential regulated forest pest
infestations within the state.
History: 2003 c 128 art 4 s 7

18G.09 SHIPMENT OF PLANT PESTS AND BIOLOGICAL CONTROL AGENTS.
Shipment, introduction into, or release in Minnesota of (1) a plant pest, noxious weed,
or other organism that may directly or indirectly affect Minnesota's plant life as a harmful or
dangerous pest, parasite, or predator of other organisms, or (2) an arthropod, is prohibited, except
under permit issued by the commissioner.
No person may sell, offer for sale, move, convey, transport, deliver, ship, or offer for
shipment any plant pest, or biological control agent without a permit from the United States
Department of Agriculture, Animal and Plant Health Inspection Service or its state equivalent.
A permit may be issued only after the commissioner determines that the proposed shipment or
use will not create a hazard to the agricultural, forest, or horticultural interests of this state or
the state's general environmental quality. For interstate movement, the permit must be affixed
conspicuously to the exterior of each shipping container, box, package, or appliance; accompany
each shipping container, box, package, or appliance; or comply with other directions of the
commissioner. This section does not apply to intrastate shipments of federal or state-approved
biological control agents used in this state for control of plant pests. Shipping containers must be
escape-proof and the commissioner shall specify labeling and shipping protocols.
History: 2003 c 128 art 4 s 8

18G.10 EXPORT CERTIFICATION, INSPECTIONS, CERTIFICATES, PERMITS, AND
FEES.
    Subdivision 1. Purpose. To ensure continued access to foreign and domestic markets, the
commissioner shall provide inspection and certification services to ensure that appropriate
phytosanitary restrictions or requirements are fully met.
    Subd. 2. Disposition and use of money received. All fees and penalties collected under
this chapter and interest attributable to the money in the account must be deposited in the state
treasury and credited to the nursery and phytosanitary account in the agricultural fund. Money in
the account, including interest earned, is appropriated to the commissioner for the administration
and enforcement of this chapter.
    Subd. 3. Cooperative agreements. The commissioner may enter into cooperative
agreements with federal and state agencies for administration of the export certification program.
An exporter of plants or plant products desiring to originate shipments from Minnesota to
a foreign country requiring a phytosanitary certificate or export certificate must submit an
application to the commissioner.
    Subd. 4. Phytosanitary and export certificates. Application for phytosanitary certificates
or export certificates must be made on forms provided or approved by the commissioner. The
commissioner shall conduct inspections of plants, plant products, or facilities for persons that
have applied for or intend to apply for a phytosanitary certificate or export certificate from the
commissioner. Inspections must include one or more of the following as requested or required:
(1) an inspection of the plants or plant products intended for export under a phytosanitary
certificate or export certificate;
(2) field inspections of growing plants to determine presence or absence of plant diseases, if
necessary;
(3) laboratory diagnosis for presence or absence of plant diseases, if necessary;
(4) observation and evaluation of procedures and facilities utilized in handling plants and
plant products, if necessary; and
(5) review of United States Department of Agriculture, Federal Grain Inspection Service
Official Export Grain Inspection Certificate logs.
The commissioner may issue a phytosanitary certificate or export certificate if the plants
or plant products satisfactorily meet the requirements of the importing foreign country and the
United States Department of Agriculture requirements. The requirements of the destination
countries must be met by the applicant.
    Subd. 5. Certificate fees. (a) The commissioner shall assess the fees in paragraphs (b) to (f)
for the inspection, service, and work performed in carrying out the issuance of a phytosanitary
certificate or export certificate. The inspection fee must be based on mileage and inspection time.
(b) Mileage charge: current United States Internal Revenue Service mileage rate.
(c) Inspection time: $50 per hour minimum or fee necessary to cover department costs.
Inspection time includes the driving time to and from the location in addition to the time spent
conducting the inspection.
(d) If laboratory analysis or other technical analysis is required to issue a certificate, the
commissioner must set and collect the fee to recover this additional cost.
(e) Certificate fee for product value greater than $250: $75 for each phytosanitary or export
certificate issued for any single shipment valued at more than $250 in addition to any mileage
or inspection time charges that are assessed.
(f) Certificate fee for product value less than $250: $25 for each phytosanitary or export
certificate issued for any single shipment valued at less than $250 in addition to any mileage
or inspection time charges that are assessed.
(g) For services provided for in subdivision 7 that are goods and services provided for the
direct and primary use of a private individual, business, or other entity, the commissioner must set
and collect the fees to cover the cost of the services provided.
    Subd. 6. Certificate denial or cancellation. The commissioner may deny or cancel the
issuance of a phytosanitary or export certificate for any of the following reasons:
(1) failure of the plants or plant products to meet quarantine, regulations, and requirements
imposed by the country for which the phytosanitary or export certificate is being requested;
(2) failure to completely or accurately provide the information requested on the application
form;
(3) failure to ship the exact plants or plant products which were inspected and approved; or
(4) failure to pay any fees or costs due the commissioner.
    Subd. 7. Supplemental, additional, or other certificates and permits. (a) The
commissioner may provide inspection, sampling, or certification services to ensure that Minnesota
plant products or commodities meet import requirements of other states or countries.
(b) The state plant regulatory official may issue permits and certificates verifying that
various Minnesota agricultural products or commodities meet specified plant health requirements,
treatment requirements, or pest absence assurances based on determinations by the commissioner.
History: 2003 c 128 art 4 s 9; 1Sp2005 c 1 art 1 s 29,30

18G.11 COOPERATION WITH OTHER JURISDICTIONS.
The commissioner may enter into cooperative agreements with organizations, persons, civic
groups, governmental agencies, or other organizations to adopt and execute plans to detect and
control areas infested or infected with harmful plant pests. The cooperative agreements may
include provisions of joint funding of any control treatment.
If a harmful plant pest infestation or infection occurs and cannot be adequately controlled
by individual persons, owners, tenants, or local units of government, the commissioner may
conduct the necessary control measures independently or on a cooperative basis with federal or
other units of government.
History: 2003 c 128 art 4 s 10

18G.12 INVASIVE SPECIES MANAGEMENT AND INVESTIGATION.
    Subdivision 1. Plant pest and invasive species research. The commissioner shall conduct
research to prevent the introduction or spread of invasive species and plant pests into the state
and to investigate the feasibility of their control or eradication.
    Subd. 2. Statewide program. The commissioner shall establish a statewide program to
prevent the introduction and the spread of harmful plant pest and terrestrial invasive species.
To the extent possible, the program must provide coordination of efforts among governmental
entities and private organizations.
    Subd. 3. Invasive species management plan. The commissioner shall prepare and maintain
a long-term terrestrial invasive species management plan which may include specific plans for
individual species. The plan must address:
(1) coordination strategies for detection and prevention of accidental introductions;
(2) methods to disseminate information about harmful invasive species to the general public
and appropriate agricultural and resource management agencies or organizations;
(3) coordination of control efforts for selected harmful terrestrial invasive species; and
(4) participation by local units of government and other state and federal agencies in the
development and implementation of local management efforts.
    Subd. 4. Regional cooperation. The commissioner shall seek cooperation with other states
and Canadian provinces for the purposes of management and control of harmful invasive species.
    Subd. 5. Invasive species annual report. By January 15 of each year, the commissioner shall
submit a report on harmful terrestrial invasive species to the chairs of the legislative committees
having jurisdiction over environmental and agricultural resource issues. The report must include:
(1) detailed information on expenditures for administration, education, management,
inspections, surveys, and research;
(2) an overview of accomplishments achieved during the prior calendar year;
(3) an analysis of the effectiveness of management activities;
(4) information related to the participation of other state and local units of government;
(5) information about shade tree protection efforts and results;
(6) an assessment of future management needs; and
(7) proposed goals for the coming year.
History: 2003 c 128 art 4 s 11

18G.13 LOCAL PEST CONTROL.
    Subdivision 1. Purpose. The purpose of this section is to authorize political subdivisions
to establish and fund their own programs to control pests that are likely to cause economic or
environmental harm or harm to human health.
    Subd. 2. Control. The governing body of a county, city, or town may appropriate money to
control native or exotic pests.
    Subd. 3. Cost. The governing body of the political subdivision may levy a tax on the taxable
property within the subdivision to defray the cost of the activities authorized under subdivision 2.
    Subd. 4. Certificates of indebtedness. To provide funds for activities authorized in
subdivision 2 in advance of collection of the tax under subdivision 3, the governing body may,
after the tax has been levied and certified to the county auditor for collection, issue certificates of
indebtedness in anticipation of the collection and payment of the tax. The total amount of the
certificates, including principal and interest, must not exceed 90 percent of the amount of the levy
and must be payable from the proceeds of the levy no later than two years from the date of
issuance. They must be issued on terms and conditions determined by the governing body and
must be sold as provided in section 475.60. If the governing body determines that an emergency
exists, it may make appropriations from the proceeds of the certificates for authorized purposes
without complying with statutory or charter provisions requiring that expenditures be based on
a prior budget authorization or other budgeting requirements.
    Subd. 5. Deposit of proceeds in separate fund. The proceeds of a tax levied under
subdivision 3 or an issue of certificates of indebtedness under subdivision 4 must be deposited in
the municipal treasury in a separate fund and spent only for purposes authorized by this section. If
no disbursement is made from the fund for a period of five years, any money remaining in the
fund may be transferred to the general fund.
    Subd. 6. Penalty. A person who prevents, obstructs, or interferes with the county authorities
or their agents in carrying out subdivisions 2 to 5, or neglects to comply with the rules and
regulations of the county commissioners adopted under authority of those subdivisions, is guilty
of a misdemeanor.
    Subd. 7. Regulations; scope. A city council, board of county commissioners, or town board
may by resolution or ordinance adopt and enforce regulations to control and prevent the spread of
plant pests and diseases. The regulations may authorize appropriate officers and employees to:
(1) enter and inspect any public or private place that might harbor plant pests;
(2) provide for the summary removal of diseased trees from public or private places if
necessary to prevent the spread of the disease;
(3) require the owner to destroy or treat plant pests, diseased or invasive plants, or other
infested material; and
(4) provide for the work at the expense of the owner.
The expense must be a lien upon the property and may be collected as a special assessment as
provided by section 429.101 or by charter. In this subdivision, "private place" means every
place except a private home.
History: 2003 c 128 art 4 s 12

18G.14 MOSQUITO ABATEMENT.
    Subdivision 1. Declaration of policy. The abatement or suppression of mosquitoes is
advisable and necessary for the maintenance and improvement of the health, welfare, and
prosperity of the people. Areas where mosquitoes incubate or hatch are declared to be public
nuisances and may be abated under this section. Mosquito abatement may be undertaken under
this section anywhere in the state by any governmental unit.
    Subd. 2. Establishing local board. A governmental unit may engage in mosquito abatement
and establish a mosquito abatement board upon adoption of a resolution to that effect by its
governing body or upon adoption of a proposal to that effect by the voters of the governmental
unit in the manner provided in subdivision 3.
    Subd. 3. Petition; hearing; election. If a petition signed by five percent of the property
owners or 250 owners, whichever is less, is presented to a governing body requesting the
governmental unit to engage in mosquito abatement, a public hearing must be held on the petition
by the governing body within 15 days of presentation of the petition. If the governing body does
not, within 15 days after the hearing, adopt a resolution to undertake mosquito abatement, the
governing body must order a vote to be taken at the next regular election or town meeting on
the proposal to undertake mosquito abatement. The governing body must provide ballots to be
used at the election or meeting. The ballot must bear the words "Shall the (governmental unit) of
....... engage in mosquito abatement?" If the majority of the votes are affirmative, the governing
body must take appropriate action as soon as possible to carry on mosquito abatement. A proposal
to undertake mosquito abatement that is rejected by the voters must not be resubmitted to the
voters for two years.
    Subd. 4. Discontinuing program. If a governmental unit by action of its governing body or
voters has chosen to engage in mosquito abatement, the abatement program may be discontinued
in the following manner:
(1) if the mosquito abatement was originally undertaken by resolution of the governing body,
then by the adoption of a resolution to that effect by the governing body, or by the adoption of
a proposal to that effect by the voters of the governmental unit in the manner provided in this
subdivision; and
(2) if the mosquito abatement was originally undertaken by the adoption of a proposal to that
effect by the voters of the governmental unit, then only by the adoption of a proposal to that effect
by the voters of the governmental unit in the manner provided in subdivision 5.
    Subd. 5. Petition; hearing; and election to discontinue. If a petition signed by five percent
of the property owners or 250 owners, whichever is less, is presented to the governing body
engaged in mosquito abatement requesting it to discontinue mosquito abatement, a public hearing
must be held on the petition by the governing body within 15 days after presentation of the
petition. If the governing body does not, within 15 days after the hearing, adopt a resolution
to discontinue mosquito abatement, the governing body must order a vote to be taken at the
next regular election or town meeting on the proposal to discontinue mosquito abatement. The
governing body shall provide ballots to be used at the election or meeting. The ballot must bear
the words "Shall the (governmental unit) of ....... discontinue mosquito abatement?" If a majority
of the votes are affirmative, the governing body must take appropriate action as soon as possible
to discontinue mosquito abatement. A proposal to discontinue mosquito abatement that is rejected
by the voters must not be resubmitted to the voters for two years.
    Subd. 6. Abatement board. A governing body that has decided, in the manner required by
this section, to engage in mosquito abatement, shall appoint three persons to serve as members of
a mosquito abatement board with powers specified in subdivision 8. Each member of the board
holds office at the pleasure of the governing body and serves without compensation, except that
board members may be reimbursed for actual expenses incurred in fulfilling board duties.
    Subd. 7. Officers; meetings. Immediately after appointment of the board and at the first
meeting in each succeeding calendar year, the board shall elect a chair, a secretary, a treasurer,
and other necessary officers. The board shall provide for the time and place of holding regular
meetings and may establish rules for proceedings. All meetings of the board are open to the
public. Two members of the board constitute a quorum, but one member may adjourn from day
to day. The board shall keep a written record of its proceedings and an itemized account of all
expenditures and disbursements and that record and account must be open at all reasonable
times for public inspection.
    Subd. 8. Powers of board. A mosquito abatement board and a joint board established under
this section may, either by board action or through its members, officers, agents, or employees, as
may be appropriate:
(1) enter any property within the governmental unit at reasonable times to determine whether
mosquito breeding exists;
(2) take necessary and proper steps for the abatement of mosquitoes and other insects and
arachnids, such as ticks, mites, and spiders, as the commissioner may designate;
(3) subject to the paramount control of county and state authorities, lagoon and clean up
any stagnant pool of water and clean up shores of lakes and streams and other mosquito breeding
places;
(4) spray with insecticides, approved by the commissioner, areas in the governmental unit
found to be breeding places for mosquitoes or other insects or arachnids designated under
clause (2);
(5) purchase supplies and equipment and employ persons necessary and proper for mosquito
abatement;
(6) accept gifts of money or equipment to be used for mosquito abatement; and
(7) enter into contracts necessary to accomplish mosquito abatement.
    Subd. 9. Cooperate with state departments. Each mosquito abatement board and each
governmental unit engaged in mosquito abatement shall cooperate with the University of
Minnesota, the commissioners of agriculture, health, natural resources, and transportation, and
the agricultural experiment station.
    Subd. 10. Tax levy. An annual tax may be levied for mosquito abatement purposes on all
taxable property in any governmental unit undertaking mosquito abatement under this section.
The tax must be certified, levied, and collected in the same manner as other taxes levied by
the governmental unit.
    Subd. 11. Certificates of indebtedness. At any time after the annual tax levy has been
certified to the county auditor, and not earlier than October 10 in any year, any governing body
may, for the purpose of providing the necessary funds for mosquito abatement for the succeeding
year, by resolution, issue and sell as many certificates of indebtedness as may be needed in
anticipation of the collection of taxes levied under subdivision 10. Certificates must not be issued
in excess of 50 percent of the amount of the tax levy, as spread by the county auditor, to be
collected for mosquito abatement. No certificate may be issued to become due and payable
later than December 31 of the year succeeding the year in which the tax levy was made. The
certificates must not be sold for less than par and accrued interest, and must not bear a greater
rate of interest than five percent per annum. Each certificate must state upon its face that the
proceeds of the certificate must be used for the mosquito abatement fund, the total amount of
the certificates issued, and the amount embraced in the tax levy for that particular purpose. The
certificates must be numbered consecutively and be in denominations of $100 or multiples of
$100, may have interest coupons attached, and must be otherwise of a form, on terms, and
made payable at a place that will best aid in their negotiation. The proceeds of the tax assessed
and collected on account of the mosquito abatement fund must be irrevocably pledged for the
redemption of the certificates issued. The certificates must be paid solely from the money derived
from the levy for the year against which the certificates were issued, or, if they are not sufficient
for that purpose, from the levy for the mosquito abatement fund in the next succeeding year. The
money derived from the sale of the certificates must be credited to the mosquito abatement fund
for the calendar year immediately succeeding the levy and may not be used or spent until the
succeeding year. No certificates for any year may be issued until all certificates for prior years
have been paid. No certificates may be extended.
    Subd. 12. Deposit and use of funds. All money received for mosquito abatement purposes,
either by way of tax collection or the sale of certificates of indebtedness, must be deposited in the
treasury of the governmental unit to the credit of a special fund to be designated as the mosquito
abatement fund, must not be used for any other purpose, and must be drawn upon by the proper
officials upon the properly authenticated voucher of the mosquito abatement board. No money
may be paid from the fund except on orders drawn upon the officer of the governmental unit
having charge of the custody of the mosquito abatement fund and signed by the chair and the
secretary of the mosquito abatement board. Each mosquito abatement board shall annually file an
itemized statement of all receipts and disbursements with its governing body.
    Subd. 13. Duties of commissioner. The commissioner:
(1) may establish rules for the conduct of mosquito abatement operations of governmental
units and boards engaged in mosquito abatement; and
(2) is an ex officio member of a mosquito abatement board. The commissioner may appoint
representatives to act for the commissioner as ex officio members of boards.
    Subd. 14. Natural resources. The commissioner of natural resources must approve mosquito
abatement plans or order modifications the commissioner of natural resources considers necessary
for the protection of public water, wild animals, and natural resources before control operations
are started on state lands administered by the commissioner of natural resources or in public
waters listed on the Department of Natural Resources public waters inventory. The commissioner
of natural resources may make necessary modifications in an approved plan or revoke approval of
a plan at any time upon written notice to the governing body or mosquito abatement board.
    Subd. 15. Cooperation between governmental units. If two or more adjacent governmental
units have authorized mosquito abatement and appointed the members of the mosquito abatement
board, the governing bodies may, by written contract, arrange for pooling mosquito abatement
funds, apportioning all costs, cooperating in the use of equipment and personnel, and engaging
jointly in mosquito abatement upon terms and conditions and subject to mutually agreed upon
rules. The immediate control and management of the joint project may, by the terms of the written
contract, be entrusted to a joint committee composed of the chair of each of the boards or other
board members.
    Subd. 16. Unorganized towns; powers of county board. In any town that is unorganized
politically, the county board of the county in which the town is situated has all the rights, powers,
and duties conferred by this section upon the governing bodies of towns, including town boards,
and the county board must act as though it were the governing body and town board of that
town and may authorize and undertake mosquito abatement in the town and cause taxes to be
levied for mosquito abatement the same as though the town were organized politically and the
county board were the governing body and town board. The cost of mosquito abatement in
such a town must be paid solely by a tax levy on the property within the town where mosquito
abatement is undertaken and no part of the expense of mosquito abatement in that town may
be a county expense or paid by the county.
    Subd. 17. Cost of state's service; refunds. The actual cost to the state of any service
rendered or expense incurred by the commissioner of agriculture or natural resources under this
section for the benefit of a mosquito abatement board must be reimbursed by the appropriate
governmental unit.
History: 2003 c 128 art 4 s 13; 2004 c 228 art 1 s 13,14

18G.16 SHADE TREE PEST AND DISEASE CONTROL.
    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Metropolitan area" means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
(c) "Municipality" means a home rule charter or statutory city or a town located in the
metropolitan area that exercises municipal powers under section 368.01 or any general or special
law; a special park district organized under chapter 398; a special-purpose park and recreation
board organized under the city charter of a city of the first class located in the metropolitan area;
a county in the metropolitan area for the purposes of county-owned property or any portion of
a county located outside the geographic boundaries of a city or a town exercising municipal
powers; and a municipality or county located outside the metropolitan area with an approved
disease control program.
(d) "Shade tree pest" means pests or pathogens affecting the growth and life of shade trees.
(e) "Wood utilization or disposal system" means facilities, equipment, or systems used for the
removal and disposal of diseased or pest-infested shade trees, including collection, transportation,
processing, or storage of wood and assisting in the recovery of materials or energy from wood.
(f) "Approved pest control program" means a municipal plan approved by the commissioner
to control or eradicate a shade tree pest.
(g) "Pest control area" means an area approved by the commissioner within which a
municipality will conduct an approved pest control program.
(h) "Sanitation" means the identification, inspection, disruption of a common root system,
girdling, trimming, removal, and disposal of dead, pest-infested, or diseased wood of shade trees,
including subsidies for trees removed pursuant to subdivision 4, on public or private property
within a disease control area.
(i) "Reforestation" means the replacement of shade trees removed from public property
and the planting of a tree as part of a municipal disease control program. For purposes of this
paragraph, "public property" includes private property within five feet of the boulevard or street
terrace in a city that enacted an ordinance on or before January 1, 1977, that prohibits or requires
a permit for the planting of trees in the public right-of-way.
(j) "Shade tree" means a woody perennial grown primarily for aesthetic or environmental
purposes.
    Subd. 2. Commissioner to adopt rules. The commissioner may adopt rules relating to shade
tree pest and disease control in any municipality. The rules must prescribe control measures to be
used to prevent the spread of shade tree pests and diseases and must include the following:
(1) a definition of shade tree;
(2) qualifications for tree inspectors;
(3) methods of identifying diseased or pest-infested shade trees;
(4) procedures for giving reasonable notice of inspection of private real property;
(5) measures for the removal of any shade tree which may contribute to the spread of shade
tree pests or disease and for reforestation of pest or disease control areas;
(6) approved methods of treatment of shade trees;
(7) criteria for priority designation areas in an approved pest or disease control program; and
(8) any other matters determined necessary by the commissioner to prevent the spread of
shade tree pests or disease and enforce this section.
    Subd. 3. Diagnostic laboratory. The commissioner shall operate a diagnostic laboratory for
culturing diseased or pest-infested trees for positive identification of diseased or pest-infested
shade trees.
    Subd. 4. Cooperation by university. The University of Minnesota College of Natural
Resources shall cooperate with the department in control of shade tree disease, pests, and
disorders and management of shade tree populations. The College of Natural Resources shall
cooperate with the department to conduct tree inspector certification and recertification workshops
for certified tree inspectors. The College of Natural Resources shall also conduct research
into means for identifying diseased or pest-infested shade trees, develop and evaluate control
measures, and develop means for disposing of and using diseased or pest-infested shade trees.
    Subd. 5. Experimental programs. The commissioner may establish experimental programs
for sanitation or treatment of shade tree diseases and for research into tree varieties most suitable
for municipal reforestation. The research must include considerations of disease resistance, energy
conservation, and other factors considered appropriate. The commissioner may make grants to
municipalities or enter into contracts with municipalities, nurseries, colleges, universities, or state
or federal agencies in connection with experimental shade tree programs including research to
assist municipalities in establishing priority designation areas for shade tree pest control and
energy conservation.
    Subd. 6. Removal of diseased or pest-infested trees. After reasonable notice of inspection,
an owner of real property containing a shade tree that is diseased, infested, or may contribute
to the spread of pests or disease, must remove or treat the tree within the period of time and in
the manner established by the commissioner. Trees that are not removed in compliance with the
commissioner's rules must be declared a public nuisance and removed or treated by approved
methods by the municipality, which may assess all or part of the expense, limited to the lowest
contract rates available that include wage levels which meet Minnesota minimum wage standards,
to the property and the expense becomes a lien on the property. A municipality may assess not
more than 50 percent of the expense of treating with an approved method or removing diseased or
pest-infested shade trees located on street terraces or boulevards to the abutting properties and the
assessment becomes a lien on the property.
    Subd. 7. Rules; applicability to municipalities. The rules of the commissioner apply in
a municipality unless the municipality adopts an ordinance determined by the commissioner
to be more stringent than the rules of the commissioner. The rules of the commissioner or the
municipality apply to all state agencies, special purpose districts, and metropolitan commissions
as defined in section 473.121, subdivision 5a, that own or control land adjacent to or within a
shade tree pest control area.
    Subd. 8. Grants to municipalities. (a) The commissioner may, in the name of the state and
within the limit of appropriations provided, make a grant to a municipality with an approved
pest control program for the partial funding of municipal sanitation and reforestation programs
to replace trees lost to pest, disease, or natural disaster. The commissioner may make a grant to
a home rule charter or statutory city, a special purpose park and recreation board organized
under a charter of a city of the first class, a nonprofit corporation serving a city of the first class,
or a county having an approved disease control program for the acquisition or implementation
of a wood use or disposal system.
(b) The commissioner shall adopt rules for the administration of grants under this
subdivision. The rules must contain:
(1) procedures for grant applications;
(2) conditions and procedures for the administration of grants;
(3) criteria of eligibility for grants including, but not limited to, those specified in this
subdivision; and
(4) other matters the commissioner may find necessary to the proper administration of the
grant program.
(c) Grants for wood utilization and disposal systems made by the commissioner under this
subdivision must not exceed 50 percent of the total cost of the system. Grants for sanitation and
reforestation must be combined into one grant program. Grants to a municipality for sanitation
must not exceed 50 percent of sanitation costs approved by the commissioner including any
amount of sanitation costs paid by special assessments, ad valorem taxes, federal grants, or other
funds. A municipality must not specially assess a property owner an amount greater than the
amount of the tree's sanitation cost minus the amount of the tree's sanitation cost reimbursed by
the commissioner. Grants to municipalities for reforestation must not exceed 50 percent of the
wholesale cost of the trees planted under the reforestation program; provided that a reforestation
grant to a county may include 90 percent of the cost of the first 50 trees planted on public property
in a town not included in the definition of municipality in subdivision 1 and with less than 1,000
population when the town applies to the county. Reforestation grants to towns and home rule
charter or statutory cities of less than 4,000 population with an approved pest control program
may include 90 percent of the cost of the first 50 trees planted on public property. The governing
body of a municipality that receives a reforestation grant under this section must appoint up to
seven residents of the municipality or designate an existing municipal board or committee to
serve as a reforestation advisory committee to advise the governing body of the municipality in
the administration of the reforestation program. For the purpose of this subdivision, "cost" does
not include the value of a gift or dedication of trees required by a municipal ordinance but does
include documented "in-kind" services or voluntary work for municipalities with a population
of less than 1,000 according to the most recent federal census.
(d) Based upon estimates submitted by the municipality to the commissioner, which state
the estimated costs of sanitation and reforestation in the succeeding quarter under an approved
program, the commissioner shall direct quarterly advance payments to be made by the state to the
municipality commencing April 1. The commissioner shall direct adjustment of any overestimate
in a succeeding quarter. A municipality may elect to receive the proceeds of its sanitation and
reforestation grants on a periodic cost reimbursement basis.
(e) A home rule charter or statutory city, county outside the metropolitan area, or any
municipality, as defined in subdivision 1, may submit an application for a grant authorized by this
subdivision concurrently with its request for approval of a pest control program.
(f) The commissioner shall not make grants for sanitation and reforestation or wood
utilization and disposal systems in excess of 67 percent of the amounts appropriated for those
purposes to the municipalities located within the metropolitan area, as defined in subdivision 1.
    Subd. 9. Subsidies to certain owners. A municipality may provide subsidies to nonprofit
organizations, to owners of private residential property of five acres or less, to owners of property
used for a homestead of more than five acres but less than 20 acres, and to nonprofit cemeteries
for the approved treatment or removal of diseased or pest-infested shade trees.
Notwithstanding any law to the contrary, an owner of property on which shade trees are
located may contract with a municipality to provide protection against the cost of approved
treatment or removal of diseased or pest-infested shade trees or shade trees that will contribute
to the spread of shade tree diseases or pest infestations. Under the contract, the municipality
must pay for the removal or approved treatment under terms and conditions determined by its
governing body.
    Subd. 10. Tree inspector. (a) The governing body of each municipality may appoint a
qualified tree inspector. In accordance with section 471.59, two or more municipalities may
jointly appoint a tree inspector for the purpose of administering the rules or ordinances in their
communities. If a municipality has not appointed a tree inspector by January 1 in any year, the
commissioner may assign a qualified employee of the Department of Agriculture to perform the
duties of the tree inspector. The expense of a tree inspector appointed by the commissioner
must be paid by the municipality. If an employee of the Department of Agriculture performs
those duties, the expense must be billed to the municipality and paid into the state treasury and
credited to the nursery and phytosanitary account.
(b) Upon a determination by the commissioner that a candidate for the position of tree
inspector is qualified, the commissioner shall issue a certificate of qualification to the tree
inspector. The certificate is valid for one year. A person certified as a tree inspector by the
commissioner is authorized upon prior notification to enter and inspect any public or private
property that might harbor diseased or infested shade trees.
(c) The commissioner may, upon notice and hearing, decertify a tree inspector if it appears
that the tree inspector has failed to act competently or in the public interest in the performance of
duties. Notice must be provided and a hearing conducted according to the provisions of chapter
14 governing contested case proceedings. Nothing in this paragraph limits or otherwise affects the
authority of a municipality to dismiss or suspend a tree inspector in its discretion.
    Subd. 11. Financing. (a) A municipality may collect the amount assessed against the
property under subdivision 1 as a special assessment and may issue obligations as provided in
section 429.101, subdivision 1. The municipality may, at its option, make any assessment levied
payable with interest in installments not to exceed five years from the date of the assessment.
(b) After a contract for the sanitation or approved treatment of trees on private property has
been approved or the work begun, the municipality may issue obligations to defray the expense of
the work financed by special assessments imposed upon private property. Section 429.091 applies
to those obligations with the following modifications:
(1) the obligations must be payable not more than five years from the date of issuance; and
(2) no election is required.
The certificates must not be included in the net debt of the issuing municipality.
    Subd. 12. Deposit of proceeds in separate fund. Proceeds of taxes, assessments, and
interest collected under this section, bonds or certificates of indebtedness issued under subdivision
10, and grants received under subdivision 7 must be deposited in the municipal treasury in a
separate fund and spent only for the purposes authorized by this section.
    Subd. 13. Wood use. The Departments of Agriculture and Natural Resources, after
consultation with the Minnesota Shade Tree Advisory Committee, may investigate, evaluate, and
make recommendations to the legislature concerning the potential uses of wood from community
trees removed due to disease or other disorders. These recommendations shall include maximum
resource recovery through recycling, use as an alternative energy source, or use in construction or
the manufacture of new products.
    Subd. 14. Municipal option to participate in program. The term "municipality" shall
include only those municipalities which have informed the commissioner of their intent to
continue an approved pest control program. Any municipality desiring to participate in the
grants-in-aid for the partial funding of municipal sanitation and reforestation programs must
notify the commissioner in writing before the beginning of the calendar year in which it wants to
participate and must have an approved pest control program during any year in which it receives
grants-in-aid. Notwithstanding the provisions of any law to the contrary, no municipality shall be
required to have an approved disease control program after December 31, 1981.
    Subd. 15. Certain species not subject to chapter 18G. Chapter 18G does not apply to
exotic aquatic plants and wild animal species regulated under chapter 84D.
History: 2003 c 128 art 4 s 14; 1Sp2005 c 1 art 1 s 31-40