1.1 	A bill for an act
1.2 	relating to natural resources; modifying invasive species provisions; providing 
1.3 	for temporary water surface use controls in construction areas; modifying 
1.4 	state park and trail provisions; regulating wake surfing; modifying life jacket 
1.5 	requirements; modifying requirements for fire training; modifying auxiliary 
1.6 	forest provisions; modifying forest bough account; modifying recreational 
1.7 	vehicle transfer requirements; modifying authority to issue water use permits; 
1.8 	providing civil penalties; requiring rulemaking; appropriating money;amending 
1.9 	Minnesota Statutes 2014, sections 84.788, subdivision 5, by adding a subdivision; 
1.10 	84.84; 84.922, subdivision 4; 84D.01, subdivisions 13, 15, 17, 18; 84D.03, 
1.11 	subdivision 3; 84D.06; 84D.10, subdivision 3; 84D.11, subdivision 1; 84D.12, 
1.12 	subdivisions 1, 3; 84D.13, subdivisions 4, 5; 84D.15, subdivision 3; 85.015, 
1.13 	subdivision 28, by adding a subdivision; 85.054, subdivision 12; 86B.201, by 
1.14 	adding a subdivision; 86B.313, subdivisions 1, 4; 86B.315; 88.17, subdivision 3; 
1.15 	88.49, subdivisions 3, 4, 5, 6, 7, 8, 9, 11; 88.491, subdivision 2; 88.50; 88.51, 
1.16 	subdivisions 1, 3; 88.52, subdivisions 2, 3, 4, 5, 6; 88.523; 88.53, subdivisions 1, 
1.17 	2; 88.6435, subdivision 4; 103G.271, subdivisions 5, 6a; 282.011, subdivision 3; 
1.18 	repealing Minnesota Statutes 2014, sections 88.47; 88.48; 88.49, subdivisions 1, 
1.19 	2, 10; 88.491, subdivision 1; 88.51, subdivision 2; 282.013.
1.20 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.21 	Section 1. Minnesota Statutes 2014, section 84.788, subdivision 5, is amended to read:
1.22 		Subd. 5.Report of ownership transfers; fee. A person who sells or transfers (a) 
1.23 	Application for transfer of ownership of an off-highway motorcycle registered under 
1.24 	this section shall report the sale or transfer must be made to the commissioner within 
1.25 	15 days of the date of transfer. 
1.26 	(b) An application for transfer must be executed by the registered owner and the 
1.27 	buyer on a form prescribed by the commissioner with the owner's registration certificate,
1.28 	purchaser using a bill of sale, and a $4 fee that includes the vehicle serial number.
1.29 	(c) The purchaser is subject to the penalties imposed by section 84.774 if the 
1.30 	purchaser fails to apply for transfer of ownership as provided under this subdivision.

2.1 	EFFECTIVE DATE. This section is effective January 1, 2016.

2.2 	Sec. 2. Minnesota Statutes 2014, section 84.788, is amended by adding a subdivision 
2.3 	to read:
2.4 		Subd. 5a.Report of registration transfers. (a) Application for transfer of 
2.5 	registration under this section must be made to the commissioner within 15 days of the 
2.6 	date of transfer.
2.7 	(b) An application for transfer must be executed by the registered owner and the 
2.8 	purchaser using a bill of sale that includes the vehicle serial number.
2.9 	(c) The purchaser is subject to the penalties imposed by section 84.774 if the 
2.10 	purchaser fails to apply for transfer of registration as provided under this subdivision.

2.11 	EFFECTIVE DATE. This section is effective January 1, 2016.

2.12 	Sec. 3. Minnesota Statutes 2014, section 84.84, is amended to read:
2.13 	84.84 TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP.
2.14 	(a) Within 15 days after the transfer of ownership, or any part thereof, other than a 
2.15 	security interest, or the destruction or abandonment of any snowmobile, written notice 
2.16 	thereofof the transfer or destruction or abandonment shall be given to the commissioner 
2.17 	in such form as the commissioner shall prescribe. 
2.18 	(b) An application for transfer must be executed by the registered owner and the 
2.19 	purchaser using a bill of sale that includes the vehicle serial number.
2.20 	(c) The purchaser is subject to the penalties imposed by section 84.88 if the purchaser 
2.21 	fails to apply for transfer of ownership as provided under this subdivision. Every owner 
2.22 	or part owner of a snowmobile shall, upon failure to give such notice of destruction or 
2.23 	abandonment, be subject to the penalties imposed by Laws 1967, chapter 876 section 84.88.

2.24 	EFFECTIVE DATE. This section is effective July 1, 2016.

2.25 	Sec. 4. Minnesota Statutes 2014, section 84.922, subdivision 4, is amended to read:
2.26 		Subd. 4.Report of transfers. A person who sells or transfers ownership of a 
2.27 	vehicle registered under this section shall report the sale or (a) Application for transfer of 
2.28 	ownership must be made to the commissioner within 15 days of the date of transfer. 
2.29 	(b) An application for transfer must be executed by the registered owner and 
2.30 	the purchaser on a form prescribed by the commissioner with the owner's registration 
2.31 	certificate, using a bill of sale and a $4 fee that includes the vehicle serial number.
3.1 	(c) The purchaser is subject to the penalties imposed by section 84.774 if the 
3.2 	purchaser fails to apply for transfer of ownership as provided under this subdivision.

3.3 	EFFECTIVE DATE. This section is effective January 1, 2016.

3.4 	Sec. 5. Minnesota Statutes 2014, section 84D.01, subdivision 13, is amended to read:
3.5 		Subd. 13.Prohibited invasive species. "Prohibited invasive species" means a 
3.6 	nonnative species that has been listed designated as a prohibited invasive species in a rule 
3.7 	adopted by the commissioner under section 84D.12.

3.8 	Sec. 6. Minnesota Statutes 2014, section 84D.01, subdivision 15, is amended to read:
3.9 		Subd. 15.Regulated invasive species. "Regulated invasive species" means a 
3.10 	nonnative species that has been listed designated as a regulated invasive species in a rule 
3.11 	adopted by the commissioner under section 84D.12.

3.12 	Sec. 7. Minnesota Statutes 2014, section 84D.01, subdivision 17, is amended to read:
3.13 		Subd. 17.Unlisted nonnative species. "Unlisted nonnative species" means a 
3.14 	nonnative species that has not been listed designated as a prohibited invasive species, a 
3.15 	regulated invasive species, or an unregulated nonnative species in a rule adopted by the 
3.16 	commissioner under section 84D.12.

3.17 	Sec. 8. Minnesota Statutes 2014, section 84D.01, subdivision 18, is amended to read:
3.18 		Subd. 18.Unregulated nonnative species. "Unregulated nonnative species" means 
3.19 	a nonnative species that has been listed designated as an unregulated nonnative species in 
3.20 	a rule adopted by the commissioner under section 84D.12.

3.21 	Sec. 9. Minnesota Statutes 2014, section 84D.03, subdivision 3, is amended to read:
3.22 		Subd. 3.Bait harvest from infested waters. (a) Taking wild animals from infested 
3.23 	waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph 
3.24 	(b) or (c) and section 97C.341.
3.25 	(b) In waters that are listed as infested waters, except those listed because they 
3.26 	contain as infested with prohibited invasive species of fish or certifiable diseases of fish, as 
3.27 	defined under section 17.4982, subdivision 6, taking wild animals may be permitted for:
3.28 	(1) commercial taking of wild animals for bait and aquatic farm purposes according 
3.29 	to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
3.30 	(2) bait purposes for noncommercial personal use in waters that contain Eurasian 
3.31 	water milfoil, when the infested waters are listed solely because they contain Eurasian 
4.1 	water milfoil and if the equipment for taking is limited to cylindrical minnow traps not 
4.2 	exceeding 16 inches in diameter and 32 inches in length; and.
4.3 	(3) (c) In streams or rivers that are listed as infested waters, except those listed as 
4.4 	infested with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, 
4.5 	the harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers 
4.6 	for bait from streams or rivers listed as infested waters, by hook and line for noncommercial 
4.7 	personal use. Other provisions that apply to this clause are is allowed as follows:
4.8 	(i) (1) fish taken under this clause paragraph must be used on the same body of water 
4.9 	where caught and while still on that water body. Where the river or stream is divided by 
4.10 	barriers such as dams, the fish must be caught and used on the same section of the river 
4.11 	or stream;
4.12 	(ii) (2) fish taken under this clause paragraph may not be transported live from or 
4.13 	off the water body;
4.14 	(iii) (3) fish harvested under this clause paragraph may only be used in accordance 
4.15 	with this section;
4.16 	(iv) (4) any other use of wild animals used for bait from infested waters is prohibited;
4.17 	(v) (5) fish taken under this clause paragraph must meet all other size restrictions 
4.18 	and requirements as established in rules; and
4.19 	(vi) (6) all species listed under this clause paragraph shall be included in the person's 
4.20 	daily limit as established in rules, if applicable.
4.21 	(c) (d) Equipment authorized for minnow harvest in a listed infested water by permit 
4.22 	issued under paragraph (b) may not be transported to, or used in, any waters other than 
4.23 	waters specified in the permit.

4.24 	Sec. 10. Minnesota Statutes 2014, section 84D.06, is amended to read:
4.25 	84D.06 UNLISTED NONNATIVE SPECIES.
4.26 		Subdivision 1.Process. A person may not introduce an unlisted nonnative aquatic 
4.27 	plant or wild animal species unless:
4.28 	(1) the person has notified the commissioner in a manner and form prescribed by 
4.29 	the commissioner;
4.30 	(2) the commissioner has made the classification determination required in 
4.31 	subdivision 2 and listed designated the species as appropriate; and
4.32 	(3) the introduction is allowed under the applicable provisions of this chapter.
4.33 		Subd. 2.Classification. (a) If the commissioner determines that a species for which 
4.34 	a notification is received under subdivision 1 should be classified as a prohibited invasive 
4.35 	species, the commissioner shall:
5.1 	(1) adopt a rule under section 84D.12, subdivision 3, listing designating the species 
5.2 	as a prohibited invasive species; and
5.3 	(2) notify the person from which the notification was received that the species is 
5.4 	subject to section 84D.04.
5.5 	(b) If the commissioner determines that a species for which a notification is 
5.6 	received under subdivision 1 should be classified as an unregulated nonnative species, 
5.7 	the commissioner shall:
5.8 	(1) adopt a rule under section 84D.12, subdivision 3, listing designating the species 
5.9 	as an unregulated nonnative species; and
5.10 	(2) notify the person from which the notification was received that the species is not 
5.11 	subject to regulation under this chapter.
5.12 	(c) If the commissioner determines that a species for which a notification is received 
5.13 	under subdivision 1 should be classified as a regulated invasive species, the commissioner 
5.14 	shall notify the applicant that the species is subject to the requirements in section 84D.07.

5.15 	Sec. 11. Minnesota Statutes 2014, section 84D.10, subdivision 3, is amended to read:
5.16 		Subd. 3.Removal and confinement. (a) A conservation officer or other licensed 
5.17 	peace officer may order:
5.18 	(1) the removal of aquatic macrophytes or prohibited invasive species from 
5.19 	water-related equipment, including decontamination using hot water or high pressure 
5.20 	equipment when available on site, before it the water-related equipment is transported or 
5.21 	before it is placed into waters of the state;
5.22 	(2) confinement of the water-related equipment at a mooring, dock, or other location 
5.23 	until the water-related equipment is removed from the water;
5.24 	(3) removal of water-related equipment from waters of the state to remove prohibited 
5.25 	invasive species if the water has not been listed by the commissioner as being infested 
5.26 	with that species; and
5.27 	(4) a prohibition on placing water-related equipment into waters of the state when 
5.28 	the water-related equipment has aquatic macrophytes or prohibited invasive species 
5.29 	attached in violation of subdivision 1 or when water has not been drained or the drain plug 
5.30 	has not been removed in violation of subdivision 4.; and
5.31 	(5) decontamination of water-related equipment when available on site.
5.32 	(b) An order for removal of prohibited invasive species under paragraph (a), clause 
5.33 	(1), or decontamination of water-related equipment under paragraph (a), clause (5), 
5.34 	may include tagging the water-related equipment and issuing a notice that specifies 
6.1 	a time frame for completing the removal or decontamination and reinspection of the 
6.2 	water-related equipment.
6.3 	(b) (c) An inspector who is not a licensed peace officer may issue orders under 
6.4 	paragraph (a), clauses (1), (3), and (4), and (5).

6.5 	Sec. 12. Minnesota Statutes 2014, section 84D.11, subdivision 1, is amended to read:
6.6 		Subdivision 1.Prohibited invasive species. The commissioner may issue a permit 
6.7 	for the propagation, possession, importation, purchase, or transport of a prohibited invasive 
6.8 	species for the purposes of disposal, decontamination, control, research, or education.

6.9 	Sec. 13. Minnesota Statutes 2014, section 84D.12, subdivision 1, is amended to read:
6.10 		Subdivision 1.Required rules. The commissioner shall adopt rules:
6.11 	(1) listing designating prohibited invasive species, regulated invasive species, and 
6.12 	unregulated nonnative species of aquatic plants and wild animals;
6.13 	(2) governing the application for and issuance of permits under this chapter, which 
6.14 	rules may include a fee schedule; and
6.15 	(3) governing notification under section 84D.08.

6.16 	Sec. 14. Minnesota Statutes 2014, section 84D.12, subdivision 3, is amended to read:
6.17 		Subd. 3.Expedited rules. The commissioner may adopt rules under section 84.027, 
6.18 	subdivision 13, that list designate:
6.19 	(1) prohibited invasive species of aquatic plants and wild animals;
6.20 	(2) regulated invasive species of aquatic plants and wild animals; and
6.21 	(3) unregulated nonnative species of aquatic plants and wild animals.

6.22 	Sec. 15. Minnesota Statutes 2014, section 84D.13, subdivision 4, is amended to read:
6.23 		Subd. 4.Warnings; civil citations. After appropriate training, conservation 
6.24 	officers, other licensed peace officers, and other department personnel designated by the 
6.25 	commissioner may issue warnings or citations to a person who:
6.26 	(1) unlawfully transports prohibited invasive species or aquatic macrophytes;
6.27 	(2) unlawfully places or attempts to place into waters of the state water-related 
6.28 	equipment that has aquatic macrophytes or prohibited invasive species attached;
6.29 	(3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed 
6.30 	by rule, Eurasian water milfoil;
7.1 	(4) fails to remove plugs, open valves, and drain water from water-related equipment 
7.2 	before leaving waters of the state or when transporting water-related equipment as 
7.3 	provided in section 84D.10, subdivision 4; or
7.4 	(5) transports infested water, in violation of rule, off riparian property.; or
7.5 	(6) fails to complete decontamination of water-related equipment or to remove 
7.6 	invasive species from water-related equipment by the date specified on a tagging notice 
7.7 	and order.

7.8 	Sec. 16. Minnesota Statutes 2014, section 84D.13, subdivision 5, is amended to read:
7.9 		Subd. 5.Civil penalties. (a) A civil citation issued under this section must impose 
7.10 	the following penalty amounts:
7.11 	(1) for transporting aquatic macrophytes in violation of section 84D.09, $100;
7.12 	(2) for placing or attempting to place into waters of the state water-related equipment 
7.13 	that has aquatic macrophytes attached, $200;
7.14 	(3) for unlawfully possessing or transporting a prohibited invasive species other 
7.15 	than an aquatic macrophyte, $500;
7.16 	(4) for placing or attempting to place into waters of the state water-related equipment 
7.17 	that has prohibited invasive species attached when the waters are not listed by the 
7.18 	commissioner as being infested with that invasive species, $500;
7.19 	(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as 
7.20 	prescribed by rule, Eurasian water milfoil, $100;
7.21 	(6) for failing to have drain plugs or similar devices removed or opened while 
7.22 	transporting water-related equipment or for failing to remove plugs, open valves, and 
7.23 	drain water from water-related equipment, other than marine sanitary systems, before 
7.24 	leaving waters of the state, $100; and
7.25 	(7) for transporting infested water off riparian property without a permit as required 
7.26 	by rule, $200.; and
7.27 	(8) for failing to complete decontamination of water-related equipment or to remove 
7.28 	invasive species from water-related equipment by the date specified on a tagging notice 
7.29 	and order, $250.
7.30 	(b) A civil citation that is issued to a person who has one or more prior convictions 
7.31 	or final orders for violations of this chapter is subject to twice the penalty amounts listed 
7.32 	in paragraph (a).

7.33 	Sec. 17. Minnesota Statutes 2014, section 84D.15, subdivision 3, is amended to read:
8.1 		Subd. 3.Use of money in account. Money credited to the invasive species account 
8.2 	in subdivision 2 shall be used for management of invasive species and implementation of 
8.3 	this chapter as it pertains to invasive species, including control, public awareness, law 
8.4 	enforcement, assessment and monitoring, management planning, habitat improvements, 
8.5 	and research.

8.6 	Sec. 18. Minnesota Statutes 2014, section 85.015, is amended by adding a subdivision 
8.7 	to read:
8.8 		Subd. 1e.Connection to state parks and recreation areas. Trails designated 
8.9 	under this section include connections to state parks or recreation areas that generally lie 
8.10 	in between or within the vicinity of the waymarks specifically named in the designation.

8.11 	Sec. 19. Minnesota Statutes 2014, section 85.015, subdivision 28, is amended to read:
8.12 		Subd. 28.Camp Ripley/Veterans State Trail, Crow Wing, Cass, and Morrison 
8.13 	Counties. The trail shall originate at Crow Wing State Park in Crow Wing County at 
8.14 	the southern end of the Paul Bunyan Trail and shall extend from Crow Wing State Park 
8.15 	westerly to the city of Pillager, then southerly along the west side of Camp Ripley, then 
8.16 	easterly along the south side of Camp Ripley across to the east side of the Mississippi 
8.17 	River, and then northerly through Fort Ripley to Crow Wing State Park. A second segment 
8.18 	of the trail shall be established that shall extend in a southerly direction and in close 
8.19 	proximity to the Mississippi River from the southeasterly portion of the first segment of 
8.20 	the trail to the city of Little Falls, and then terminate at the Soo Line Trail in Morrison 
8.21 	County. Separation of motorized and nonmotorized corridors is acceptable as needed.

8.22 	Sec. 20. Minnesota Statutes 2014, section 85.054, subdivision 12, is amended to read:
8.23 		Subd. 12.Lake Vermilion-Soudan Underground Mine State Park. A state park 
8.24 	permit is not required and a fee may not be charged for motor vehicle entry or parking 
8.25 	at the visitor parking area of Soudan Underground Mine State Park and the Stuntz Bay 
8.26 	boat house area.

8.27 	Sec. 21. Minnesota Statutes 2014, section 86B.201, is amended by adding a 
8.28 	subdivision to read:
8.29 		Subd. 4.Construction area restrictions. The commissioner may adopt, by written 
8.30 	order, temporary water surface use controls at public construction and maintenance sites 
8.31 	that cross or are adjacent to waters of the state for a period of time not to exceed the 
8.32 	duration of the construction or maintenance project. Temporary controls adopted under 
9.1 	this subdivision are exempt from the rulemaking requirements of chapter 14 and section 
9.2 	14.386 does not apply.

9.3 	Sec. 22. Minnesota Statutes 2014, section 86B.313, subdivision 1, is amended to read:
9.4 		Subdivision 1.General requirements. (a) In addition to requirements of other laws 
9.5 	relating to watercraft, a person may not operate or permit the operation of a personal 
9.6 	watercraft:
9.7 	(1) without each person on board the personal watercraft wearing a United States 
9.8 	Coast Guard (USCG) approved Type I, II, III, or V wearable personal flotation device
9.9 	with a USCG label indicating it either is approved for or does not prohibit use with 
9.10 	personal watercraft or water skiing;
9.11 	(2) between one hour before sunset and 9:30 a.m.;
9.12 	(3) at greater than slow-no wake speed within 150 feet of:
9.13 	(i) a shoreline;
9.14 	(ii) a dock;
9.15 	(iii) a swimmer;
9.16 	(iv) a raft used for swimming or diving; or
9.17 	(v) a moored, anchored, or nonmotorized watercraft;
9.18 	(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any 
9.19 	other device unless:
9.20 	(i) an observer is on board; or
9.21 	(ii) the personal watercraft is equipped with factory-installed or factory-specified 
9.22 	accessory mirrors that give the operator a wide field of vision to the rear;
9.23 	(5) without the lanyard-type engine cutoff switch being attached to the person, 
9.24 	clothing, or personal flotation device of the operator, if the personal watercraft is equipped 
9.25 	by the manufacturer with such a device;
9.26 	(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or 
9.27 	tampered with so as to interfere with the return-to-idle system;
9.28 	(7) to chase or harass wildlife;
9.29 	(8) through emergent or floating vegetation at other than a slow-no wake speed;
9.30 	(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property, 
9.31 	including weaving through congested watercraft traffic, jumping the wake of another 
9.32 	watercraft within 150 feet of the other watercraft, or operating the watercraft while 
9.33 	facing backwards;
9.34 	(10) in any other manner that is not reasonable and prudent; or
10.1 	(11) without a personal watercraft rules decal, issued by the commissioner, attached 
10.2 	to the personal watercraft so as to be in full view of the operator.
10.3 	(b) Paragraph (a), clause (3), does not apply to a person operating a personal 
10.4 	watercraft to launch or land a person on water skis, a kneeboard, or similar device by the 
10.5 	most direct route to open water.

10.6 	Sec. 23. Minnesota Statutes 2014, section 86B.313, subdivision 4, is amended to read:
10.7 		Subd. 4.Dealers and rental operations. (a) A dealer of personal watercraft shall 
10.8 	distribute a summary of the laws and rules governing the operation of personal watercraft 
10.9 	and, upon request, shall provide instruction to a purchaser regarding:
10.10 	(1) the laws and rules governing personal watercraft; and
10.11 	(2) the safe operation of personal watercraft.
10.12 	(b) A person who offers personal watercraft for rent:
10.13 	(1) shall provide a summary of the laws and rules governing the operation of 
10.14 	personal watercraft and provide instruction regarding the laws and rules and the safe 
10.15 	operation of personal watercraft to each person renting a personal watercraft;
10.16 	(2) shall provide a United States Coast Guard (USCG) approved Type I, II, III, or V
10.17 	wearable  personal flotation device with a USCG label indicating it either is approved for 
10.18 	or does not prohibit use with personal watercraft or water skiing and any other required 
10.19 	safety equipment to all persons who rent a personal watercraft at no additional cost; and
10.20 	(3) shall require that a watercraft operator's permit from this state or from the 
10.21 	operator's state of residence be shown each time a personal watercraft is rented to any 
10.22 	person younger than age 18 and shall record the permit on the form provided by the 
10.23 	commissioner.
10.24 	(c) Each dealer of personal watercraft or person offering personal watercraft for rent 
10.25 	shall have the person who purchases or rents a personal watercraft sign a form provided 
10.26 	by the commissioner acknowledging that the purchaser or renter has been provided a copy 
10.27 	of the laws and rules regarding personal watercraft operation and has read them. The form 
10.28 	must be retained by the dealer or person offering personal watercraft for rent for a period 
10.29 	of six months following the date of signature and must be made available for inspection 
10.30 	by sheriff's deputies or conservation officers during normal business hours.

10.31 	Sec. 24. Minnesota Statutes 2014, section 86B.315, is amended to read:
10.32 	86B.315 TOWING PERSON ON WATER SKIS OR OTHER DEVICE.
11.1 		Subdivision 1.Observer or mirror required. A person may not operate a 
11.2 	watercraft on waters of this state and create a wake for a wake surfer or tow a person on 
11.3 	water skis, an aquaplane, a surfboard, a saucer, or a similar device unless:
11.4 	(1) there is another person in the watercraft in addition to the operator who is in a 
11.5 	position to continually observe the person being towed; or
11.6 	(2) the boat is equipped with a mirror providing the operator a wide field of vision 
11.7 	to the rear.
11.8 		Subd. 2.Prohibited night skiing or towing prohibited activities. On waters of this 
11.9 	state, from one-half hour after sunset to sunrise of the following day, a person may not:
11.10 	(1) wake surf;
11.11 	(2) operate a watercraft creating a wake for a wake surfer;
11.12 	(3) be towed by a watercraft; or
11.13 	(4) operate a watercraft towing a person on water skis, an aquaplane, a surfboard, a 
11.14 	saucer, or another device on waters of this state from one hour after sunset to sunrise of 
11.15 	the following day.

11.16 	Sec. 25. Minnesota Statutes 2014, section 88.17, subdivision 3, is amended to read:
11.17 		Subd. 3.Special permits. The following special permits are required at all times, 
11.18 	including when the ground is snow-covered:
11.19 	(a) Fire training. A permit to start a fire for the instruction and training of 
11.20 	firefighters, including liquid fuels training, may be given by the commissioner or agent of 
11.21 	the commissioner. Except for owners or operators conducting fire training in specialized 
11.22 	industrial settings pursuant to applicable federal, state, or local standards, owners 
11.23 	or operators conducting open burning for the purpose of instruction and training of 
11.24 	firefighters with regard to structures must follow the techniques described in a document 
11.25 	entitled: Structural Burn Training Procedures for the Minnesota Technical College System
11.26 	use only fuel materials as outlined in the current edition of National Fire Protection 
11.27 	Association 1403, Standard on Live Fire Training Evolutions, and obtain the applicable 
11.28 	live burn documents in accordance with the current edition of the Board of Firefighter 
11.29 	Training and Education's live burn plan established according to section 299N.02, 
11.30 	subdivision 3, clause (2).
11.31 	(b) Permanent tree and brush open burning sites. A permit for the operation of 
11.32 	a permanent tree and brush burning site may be given by the commissioner or agent of 
11.33 	the commissioner. Applicants for a permanent open burning site permit shall submit a 
11.34 	complete application on a form provided by the commissioner. Existing permanent tree 
11.35 	and brush open burning sites must submit for a permit within 90 days of the passage of 
12.1 	this statute for a burning permit. New site applications must be submitted at least 90 
12.2 	days before the date of the proposed operation of the permanent open burning site. The 
12.3 	application must be submitted to the commissioner and must contain:
12.4 	(1) the name, address, and telephone number of all owners of the site proposed for 
12.5 	use as the permanent open burning site;
12.6 	(2) if the operator for the proposed permanent open burning site is different from the 
12.7 	owner, the name, address, and telephone number of the operator;
12.8 	(3) a general description of the materials to be burned, including the source and 
12.9 	estimated quantity, dimensions of the site and burn pile areas, hours and dates of operation, 
12.10 	and provisions for smoke management; and
12.11 	(4) a topographic or similarly detailed map of the site and surrounding area within 
12.12 	a one-mile circumference showing all structures that might be affected by the operation 
12.13 	of the site.
12.14 	Only trees, tree trimmings, or brush that cannot be disposed of by an alternative 
12.15 	method such as chipping, composting, or other method shall be permitted to be burned 
12.16 	at a permanent open burning site. A permanent tree and brush open burning site must 
12.17 	be located and operated so as not to create a nuisance or endanger water quality. The 
12.18 	commissioner shall revoke the permit or order actions to mitigate threats to public health, 
12.19 	safety, and the environment in the event that permit conditions are violated.

12.20 	Sec. 26. Minnesota Statutes 2014, section 88.49, subdivision 3, is amended to read:
12.21 		Subd. 3.Recording Provisions of auxiliary forest contract to run with the land.
 12.22 	The commissioner shall submit such contract in recordable form to the owner of the land 
12.23 	covered thereby. If the owner shall indicate to the commissioner an unwillingness to 
12.24 	execute the same, or if the owner or any of the persons having an interest therein or lien 
12.25 	thereon fail to execute it within 60 days from the time of its submission to the owner, all 
12.26 	proceedings relating to the making of this land into an auxiliary forest shall be at an end.
12.27 	When the contract shall have been executed it shall forthwith be recorded in the 
12.28 	office of the county recorder at the expense of the owner or, if the title to the land be 
12.29 	registered, with the registrar of titles. At the time the contract is recorded with the county 
12.30 	recorder for record the owner, at the owner's expense, shall record with the county recorder 
12.31 	a certificate from the county attorney to the effect that no change in record title thereof has 
12.32 	occurred, that no liens or other encumbrances have been placed thereon, and that no taxes 
12.33 	have accrued thereon since the making of the previous certificate. It shall be the duty of 
12.34 	the county attorney to furnish this certificate without further compensation.
13.1 	All the provisions of the a recorded contract shall be for an auxiliary forest are deemed 
13.2 	covenants running with the land from the date of the filing of the contract for record.

13.3 	Sec. 27. Minnesota Statutes 2014, section 88.49, subdivision 4, is amended to read:
13.4 		Subd. 4.Effect. Upon the filing of the contract for record, the land therein described
13.5 	in the contract shall become, and, during the life of the contract, remain and be, an 
13.6 	auxiliary forest entitled to all the benefits and subject to all the restrictions of sections 
13.7 	88.47 88.49 to 88.53, all of which shall be deemed a. These sections are part of the 
13.8 	obligation of the contract and shall be are inviolate, subject only to the police power of the 
13.9 	state, to the power of eminent domain, and to the right of the parties thereto by mutual 
13.10 	agreement to make applicable to the contract any laws of the state enacted subsequent to its
13.11 	the execution and filing. This provision shall not be so construed as to prevent amendatory 
13.12 	or supplementary legislation which does of the contract. Laws enacted subsequent to 
13.13 	the date of execution of the contract are applicable to the contract, so long as the laws 
13.14 	do not impair these the contract rights of the parties thereto, or as to prevent amendatory 
13.15 	or supplementary legislation in respect of the culture, care, or management of the lands 
13.16 	included in any such contract signatories of the contract or their successors or assigns.

13.17 	Sec. 28. Minnesota Statutes 2014, section 88.49, subdivision 5, is amended to read:
13.18 		Subd. 5.Cancellation. Upon the failure of (a) If the owner fails to faithfully to
13.19 	fulfill and perform such the contract or, any provision thereof of the contract, or any 
13.20 	requirement of sections 88.47 88.49 to 88.53, or any rule adopted by the commissioner 
13.21 	thereunder adopts under those sections, the commissioner may cancel the contract in 
13.22 	the manner herein provided. The commissioner shall give to the owner, in the manner 
13.23 	prescribed in section 88.48, subdivision 4, 60 days' notice of a hearing thereon at which 
13.24 	the owner may appear and show cause, if any, why the contract should not be canceled. 
13.25 	The commissioner shall thereupon then determine whether the contract should be canceled 
13.26 	and make an order to that effect. Notice of the commissioner's determination and the 
13.27 	making of the order shall be given toThe commissioner shall give the owner in the manner 
13.28 	provided in section 88.48, subdivision 4 notice of the commissioner's determination and 
13.29 	order. On determining If the commissioner determines that the contract should be canceled 
13.30 	and no appeal therefrom be taken the owner does not appeal the determination as provided 
13.31 	in subdivision 7, the commissioner shall send notice thereof of the cancellation to the 
13.32 	auditor of the county and to the town clerk of the town affected and file with the recorder a 
13.33 	certified copy of the order, who. The recorder shall forthwith note the cancellation upon 
13.34 	the record thereof, and thereupon the land therein described in the contract shall cease to 
14.1 	be an auxiliary forest and, together with the timber thereon on the land, become liable 
14.2 	to for all taxes and assessments that otherwise would have been levied against it had it 
14.3 	never been an auxiliary forest the land from the time of the making of the contract, any
14.4 	notwithstanding provisions of the statutes of limitation to the contrary notwithstanding, 
14.5 	less. The amount of taxes paid under the provisions of section 88.51, subdivision 1, 
14.6 	together with interest on such taxes and assessments at six percent per annum, but without 
14.7 	penalties, must be subtracted from the tax owed by the owner.
14.8 	(b) The commissioner may in like manner and with like effect cancel the contract 
14.9 	upon written application of the owner.
14.10 	(c) The commissioner shall cancel any the contract if the owner has made successful 
14.11 	application successfully applied under sections 290C.01 to 290C.11, the Sustainable Forest 
14.12 	Incentive Act, sections 290C.01 to 290C.11, and has paid to the county treasurer the tax 
14.13 	difference between the amount which that would have been paid had the land under contract 
14.14 	been subject to the Minnesota Tree Growth Tax Law and the Sustainable Forest Incentive 
14.15 	Act from the date of the recording of the contract and the amount actually paid under 
14.16 	section 88.51, subdivisions subdivision 1, and Minnesota Statutes 2014, section 88.51, 
14.17 	subdivision 2. This tax difference must be calculated based on the years the lands would 
14.18 	have been taxed under the Tree Growth Tax Law and the Sustainable Forest Incentive Act.
14.19 	The sustainable forest tax difference is net of the incentive payment of section 290C.07. 
14.20 	If the amount which that would have been paid, had if the land under contract had been 
14.21 	under the Minnesota Tree Growth Tax Law and the Sustainable Forest Incentive Act from 
14.22 	the date of the filing of the contract, was filed is less than the amount actually paid under 
14.23 	the contract, the cancellation shall be made without further payment by the owner.
14.24 	When (d) If the execution of any the contract creating an auxiliary forest shall have 
14.25 	been is procured through fraud or deception practiced upon on the county board or, the 
14.26 	commissioner, or any other person or body representing the state, it may be canceled
14.27 	cancel it upon suit brought by the attorney general at the direction of the commissioner. 
14.28 	This cancellation shall have has the same effect as the cancellation of a contract by the 
14.29 	commissioner.

14.30 	Sec. 29. Minnesota Statutes 2014, section 88.49, subdivision 6, is amended to read:
14.31 		Subd. 6.Assessment after cancellation. (a) For the purpose of levying such taxes, 
14.32 	the county auditor shall, immediately upon receipt of receiving notice of the cancellation 
14.33 	of any a contract creating an auxiliary forest, direct the local assessor to assess the lands 
14.34 	within the forest, excluding the value of merchantable timber and minerals and other 
14.35 	things of value taxed under the provisions of Minnesota Statutes 2014, section 88.51, 
15.1 	subdivision 2, as of for each of the years during which the lands have been were included 
15.2 	within the auxiliary forest. The local assessor shall forthwith make the assessment and 
15.3 	certify the same to the county auditor. The county auditor shall thereupon levy a tax on the 
15.4 	assessable value of the land as, fixed by section 273.13, for each of the years during which
15.5 	the land has been was within an auxiliary forest, at the rate at which other real estate 
15.6 	within the taxing district was taxed in those years. The tax so assessed and levied against 
15.7 	any land shall be is a first and prior lien upon the land and upon all timber and forest 
15.8 	products growing, grown, or cut thereon on the land and removed therefrom from the land. 
15.9 	These taxes shall must be enforced in the same manner as other taxes on real estate are 
15.10 	enforced and, in addition thereto, the lien of the tax on forest products cut or removed 
15.11 	from this land shall must be enforced by the seizure and sale of the forest products.
15.12 	(b) No person shall, after the mailing by the commissioner, as provided in subdivision 
15.13 	5, of notice of hearing on the cancellation of a the contract making any lands an auxiliary 
15.14 	forest, cut or remove from these lands any timber or forest products growing, grown, or 
15.15 	cut thereon until all taxes levied under this subdivision shall have been are paid, or, in the 
15.16 	event such if the levy shall is not have been completed, until the owner shall have has given 
15.17 	a bond payable to the county, with sureties approved by the county auditor, in such the
15.18 	amount as the county auditor shall deem deems ample for the payment of all taxes that may 
15.19 	be levied thereon under this subdivision, conditioned for the payment of such the taxes.
15.20 	(c) Any person who shall violate any of the provisions of violates this subdivision 
15.21 	shall be is guilty of a felony.

15.22 	Sec. 30. Minnesota Statutes 2014, section 88.49, subdivision 7, is amended to read:
15.23 		Subd. 7.Appeal. (a) The owner may appeal from any cancellation order of the 
15.24 	commissioner to the district court of the county wherein where the land is situate, located
15.25 	by serving notice of appeal on the commissioner and filing the same with the court 
15.26 	administrator of the district court within 30 days after the date of mailing of notice 
15.27 	of such order.
15.28 	(b) The appeal shall must be tried between the state of Minnesota and the owner by 
15.29 	the court as a suit for the rescission of a contract is tried, and the judgment of the court 
15.30 	shall be is substituted for the cancellation order of the commissioner, and shall be is final.

15.31 	Sec. 31. Minnesota Statutes 2014, section 88.49, subdivision 8, is amended to read:
15.32 		Subd. 8.Proceedings in lieu of cancellation. If cause for the cancellation of any a
15.33 	contract shall exist exists, the commissioner may, in lieu of canceling such the contract, 
15.34 	perform the terms and conditions, other than the payment of that the owner was required 
16.1 	to perform, except that the commissioner may not pay any taxes, that the owner was
16.2 	required, by the contract or by law or by the rules of the commissioner, to be performed by 
16.3 	the owner, and may for that purpose to have paid by law. The commissioner may use any 
16.4 	available moneys appropriated for the maintenance of the commissioner's division and 
16.5 	any other lawful means to perform all other terms and conditions required to maintain the 
16.6 	auxiliary forest status. The commissioner shall, on December 1 each year, certify to the 
16.7 	auditor of each county the amount of moneys thus expended on and the value of services 
16.8 	thus rendered in respect of any lands therein for land in the county since December 1 of 
16.9 	the preceding year. The county auditor shall forthwith assess and levy the amount shown 
16.10 	by this certificate against the lands described therein. This amount shall bear bears interest 
16.11 	at the rate of six percent per annum and shall be is a lien upon the lands described therein, 
16.12 	and. The collection thereof of the tax must be enforced in the same manner as taxes 
16.13 	levied under section 88.52, subdivision 1;, and, if such the tax be is not sooner paid, it 
16.14 	shall must be added to, and the payment thereof enforced with, the yield tax imposed 
16.15 	under section 88.52, subdivision 2.

16.16 	Sec. 32. Minnesota Statutes 2014, section 88.49, subdivision 9, is amended to read:
16.17 		Subd. 9.Auxiliary forests; withdrawal of land from. (a) Land needed for other 
16.18 	purposes may be withdrawn from an auxiliary forest as herein provided. The owner may 
16.19 	submit a verified application therefor in a form prescribed by the commissioner of natural 
16.20 	resources may be made by the owner to the county board of the county in which the land is 
16.21 	situated, describing the land and stating the purpose of withdrawal. Like proceedings shall 
16.22 	be had upon the application as upon an application for the establishment of an auxiliary 
16.23 	forest, except that consideration need be given only to the questions to be determined as 
16.24 	provided in this subdivision. The county board shall consider the application and hear any 
16.25 	matter offered in support of or in opposition to the application. The county board shall 
16.26 	make proper record of its action upon the application. If the application is rejected, the 
16.27 	county board shall prepare a written statement stating the reasons for the rejection within 
16.28 	30 days of the date of rejection. If the application is rejected, the county auditor shall, 
16.29 	within 30 days of the rejection, endorse the rejection on the application and return it, 
16.30 	together with a copy of the written statement prepared by the county board stating the 
16.31 	reasons for rejection to the applicant. The rejected application and written statement must 
16.32 	be sent to the owner by certified mail at the address given in the application.
16.33 	(b) If the application is disapproved as to only a part of the lands described, the 
16.34 	county auditor shall notify the applicant in the same manner as if the application were 
17.1 	rejected. The applicant may amend the application within 60 days after the notice is 
17.2 	mailed. If it is not amended, the application is deemed rejected.
17.3 	(c) If the county board shall determine determines that the land proposed to be 
17.4 	withdrawn is needed and is suitable for the purposes set forth in the application, and 
17.5 	that the remaining land in the auxiliary forest is suitable and sufficient for the purposes 
17.6 	thereof of the auxiliary forest as provided by law, the board may, in its discretion, grant 
17.7 	the application, subject to the approval of the commissioner. Upon such approval a 
17.8 	supplemental contract evidencing the withdrawal shall be executed, filed, and recorded 
17.9 	or registered as the case may require, in like manner as an original auxiliary forest 
17.10 	contract. Thereupon by both the county board and the commissioner, the county auditor 
17.11 	shall notify the applicant and the commissioner. Upon notice from the county auditor, 
17.12 	the commissioner shall cause to be prepared a supplemental contract executed by the 
17.13 	commissioner on behalf of the state and by the owner of the fee title or the holder of 
17.14 	a state deed and by all other persons having any liens on the land and witnessed and 
17.15 	acknowledged as provided by law for the execution of recordable deeds of conveyance. 
17.16 	Notices sent by certified mail to the owner in fee at the address given in the application 
17.17 	is deemed notice to all persons executing the supplemental contract. The supplemental 
17.18 	contract must be prepared by the director of the Division of Forestry on a recordable 
17.19 	form approved by an attorney appointed by the commissioner. Every supplemental 
17.20 	contract must be approved by the Executive Council. The commissioner shall submit the 
17.21 	supplemental contract to the owner of the land. If the owner indicates to the commissioner 
17.22 	an unwillingness to execute the supplemental contract, or if the owner or any of the 
17.23 	persons with an interest in the land or a lien upon the land fail to execute the contract 
17.24 	within 60 days from the time of submission of the contract to the owner for execution, all 
17.25 	proceedings relating back to the withdrawal of the land from an auxiliary forest shall be at 
17.26 	an end. When the supplemental contract is executed, it must be recorded in the office of 
17.27 	the county recorder at the expense of the owner or, if the title to the land is registered, the 
17.28 	supplemental contract must be recorded with the registrar of titles. At the time the contract 
17.29 	is recorded with the county recorder, the owner, at the owner's expense, shall record with 
17.30 	the county recorder a certificate from the county attorney to the effect that no change in 
17.31 	record title to the land has occurred, that no liens or other encumbrances have been placed 
17.32 	on the land, and that no taxes have accrued on the land since the making of the previous 
17.33 	certificate. The county attorney must furnish this certificate without further compensation. 
17.34 	Upon execution and recording of the supplemental contract, the land described in the 
17.35 	supplemental contract shall cease that is to be withdrawn from the auxiliary forest ceases
17.36 	to be part of the auxiliary forest, and, together with the timber thereon, shall be the owner 
18.1 	is liable to taxes and assessments of the withdrawn portion together with the timber on the 
18.2 	withdrawn portion in like manner as upon cancellation of an auxiliary forest contract.

18.3 	Sec. 33. Minnesota Statutes 2014, section 88.49, subdivision 11, is amended to read:
18.4 		Subd. 11.Auxiliary forests; transfer of title; procedure on division. The title to 
18.5 	the land in an auxiliary forest or any part thereof of an auxiliary forest is subject to transfer 
18.6 	in the same manner as the title to other real estate, subject to the auxiliary forest contract 
18.7 	therefor and to applicable provisions of law. In case If the ownership of such a an auxiliary
18.8 	forest is divided into two or more parts by any transfer or transfers of title and the owners 
18.9 	of all such the parts desire to have the same parts made separate auxiliary forests, they the 
18.10 	owners may join in a verified application therefor to the county board of the county in 
18.11 	which the forest is situated in a form prescribed by the commissioner of natural resources. 
18.12 	If the county board determines that each of the parts into which the forest has been divided 
18.13 	is suitable and sufficient for a separate auxiliary forest as provided by law, it may, in 
18.14 	its discretion, grant the application, subject to the approval of the commissioner. Upon 
18.15 	such approval, the commissioner shall prepare a new auxiliary forest contract for each 
18.16 	part transferred, with like provisions and for the remainder of the same term as the prior 
18.17 	contract in force for the entire forest at the time of the transfer, and shall also prepare a 
18.18 	modification of such the prior contract, eliminating therefrom the part or parts of the land 
18.19 	transferred but otherwise leaving the remaining land subject to all the provisions of such
18.20 	the contract. The new contract or contracts and modification of the prior contract shall
18.21 	must be executed and otherwise dealt with in like manner as provided for an original a 
18.22 	supplemental auxiliary forest contract in subdivision 9, but no such instrument shall must
18.23 	take effect until all of them, covering together all parts of the forest existing before the 
18.24 	transfer, have been executed, filed, and recorded or registered, as the case may require. 
18.25 	Upon the taking effect of When all such the instruments take effect, the owner of the 
18.26 	forest prior to the transfer shall be is divested of all rights and relieved from all liabilities 
18.27 	under the contract then in force with respect to the parts transferred except such those as 
18.28 	may have existed or accrued at the time of the taking effect of such instruments, and 
18.29 	thereafter the several tracts into which the forest has been divided and the respective 
18.30 	owners thereof shall be are subject to the new contract or contracts or the modified prior 
18.31 	contract relating thereto, as the case may be, as provided for an original auxiliary forest 
18.32 	contract. The provisions of this subdivision shall not supersede or affect the application 
18.33 	of any other provision of law to any auxiliary forest which is divided by transfer of title 
18.34 	unless the procedure herein authorized is fully consummated.

19.1 	Sec. 34. Minnesota Statutes 2014, section 88.491, subdivision 2, is amended to read:
19.2 		Subd. 2.Effect of expired contract. When auxiliary forest contracts expire, 
19.3 	or prior to expiration by mutual agreement between the land owner landowner and the 
19.4 	appropriate county office, the lands previously covered by an auxiliary forest contract 
19.5 	automatically qualify for inclusion under the provisions of the Sustainable Forest Incentive 
19.6 	Act; provided that when such lands are included in the Sustainable Forest Incentive Act 
19.7 	prior to expiration of the auxiliary forest contract, they will be transferred and a tax paid as 
19.8 	provided in section 88.49, subdivision 5, upon application and inclusion in the sustainable 
19.9 	forest incentive program. The land owner landowner shall pay taxes in an amount equal to 
19.10 	the difference between:
19.11 	(1) the sum of:
19.12 	(i) the amount which would have been paid from the date of the recording of the 
19.13 	contract had the land under contract been subject to the Minnesota Tree Growth Tax 
19.14 	Law; plus
19.15 	(ii) beginning with taxes payable in 2003, the taxes that would have been paid if the 
19.16 	land had been enrolled in the sustainable forest incentive program; and
19.17 	(2) the amount actually paid under section 88.51, subdivisions subdivision 1, and
19.18 	Minnesota Statutes 2014, section 88.51, subdivision 2.

19.19 	Sec. 35. Minnesota Statutes 2014, section 88.50, is amended to read:
19.20 	88.50 TAXATION.
19.21 	Every auxiliary forest in this state shall must be taxed in the manner and to the extent 
19.22 	hereinafter provided according to sections 88.49 to 88.53 and not otherwise. Except as 
19.23 	expressly permitted by sections 88.47 88.49 to 88.53, no auxiliary forest shall be taxed 
19.24 	for, or in any manner, directly or indirectly made to contribute to, or become liable for 
19.25 	the payment of, any tax or assessment, general or special, or any bond, certificate of 
19.26 	indebtedness, or other public obligation of any name or kind, made, issued, or created 
19.27 	subsequent to the filing of the contract creating the auxiliary forest, provided that 
19.28 	temporary buildings, structures, or other fixtures of whatsoever kind located upon land 
19.29 	within an auxiliary forest shall be valued and assessed as personal property and classified 
19.30 	as class 3 under the general system of ad valorem taxation. In any proceeding for the 
19.31 	making of a special improvement under the laws of this state by which any auxiliary forest 
19.32 	will be benefited, the owner thereof may subject the lands therein to assessment therefor in 
19.33 	the manner provided by law, by filing the owner's written consent in writing to the making 
19.34 	of the assessment in the tribunal in which the proceeding is pending, whereupon. The lands 
19.35 	shall for the purposes of the improvement and assessment not be treated as lands not in an 
20.1 	auxiliary forest; but the lien of any assessment so levied on lands in any auxiliary forest shall 
20.2 	be is subject to the provisions of the contract creating the auxiliary forest and subordinate 
20.3 	to the lien of any tax imposed under the provisions of sections 88.47 88.49 to 88.53.

20.4 	Sec. 36. Minnesota Statutes 2014, section 88.51, subdivision 1, is amended to read:
20.5 		Subdivision 1.Annual tax, ten cents per acre. (a) From and after the filing of the 
20.6 	contract creating any tract of land an auxiliary forest under sections 88.47 88.49 to 88.53
20.7 	and hereafter upon any tract heretofore created as an auxiliary forest, the surface of the 
20.8 	land therein, exclusive of mineral or anything of value thereunder, shall must be taxed 
20.9 	annually at the rate of 10 cents per acre. This tax shall must be levied and collected, and 
20.10 	the payment thereof of the tax, with penalties and interest, enforced in the same manner as 
20.11 	other taxes on real estate, and shall must be credited to the funds of the taxing districts 
20.12 	affected in the proportion of their interest in the taxes on this land if it had not been so 
20.13 	made an auxiliary forest; provided, that such tax shall be is due in full on or before May 
20.14 	31, after the levy thereof. Failure to pay when due any tax so levied shall be is cause 
20.15 	for cancellation of the contract.
20.16 	(b) The levy upon the land of the taxes provided for by section 88.49, subdivision 5, 
20.17 	upon the cancellation of a contract, shall discharge and annul discharges and annuls all 
20.18 	unpaid taxes levied or assessed thereon on the land.

20.19 	Sec. 37. Minnesota Statutes 2014, section 88.51, subdivision 3, is amended to read:
20.20 		Subd. 3.Determination of estimated market value. In determining the net tax 
20.21 	capacity of property within any taxing district, the value of the surface of lands within any 
20.22 	auxiliary forest therein in the taxing district, as determined by the county board under the 
20.23 	provisions of section 88.48, subdivision 3, shall, for all purposes except the levying of 
20.24 	taxes on lands within any such forest, be deemed the estimated market value thereof of 
20.25 	those surface lands.

20.26 	Sec. 38. Minnesota Statutes 2014, section 88.52, subdivision 2, is amended to read:
20.27 		Subd. 2.Examination, report. When any timber growing or standing in any 
20.28 	auxiliary forest shall have become is suitable for merchantable forest products, the 
20.29 	commissioner shall, at the written request of the owner, a copy of which shall at the time be 
20.30 	filed in the office of the county auditor, make an examination of the timber and designate 
20.31 	for the owner the kind and number of trees most suitable to be cut if in the judgment of 
20.32 	the commissioner there be any, and. The cutting and removal of these designated trees so 
20.33 	designated shall must be in accordance with the instructions of the commissioner. The 
21.1 	commissioner shall inspect the cutting or removal and determine whether it or the manner 
21.2 	of its performance constitute a violation of the terms of the contract creating the auxiliary 
21.3 	forest or of the laws applicable thereto laws, or of the instructions of the commissioner 
21.4 	relative to the cutting and removal. Any such violation shall be is ground for cancellation 
21.5 	of the contract by the commissioner; otherwise the contract shall continue continues in 
21.6 	force for the remainder of the period therein stated in the contract, regardless of the cutting 
21.7 	and removal. Within 90 days after the completion of any cutting or removal operation, 
21.8 	the commissioner shall make a report of findings thereon and transmit copies of such the
21.9 	report to the county auditor and the surveyor general.

21.10 	Sec. 39. Minnesota Statutes 2014, section 88.52, subdivision 3, is amended to read:
21.11 		Subd. 3.Kinds, permit, scale report, assessment and payment of tax. (a) Upon 
21.12 	the filing of the owner's written request of the owner as provided in subdivision 2, the 
21.13 	director of lands and forestry, with the county board or the county land commissioner, 
21.14 	shall determine within 30 days the kinds, quantities, and value on the stump of the timber 
21.15 	proposed to be cut.
21.16 	Before the cutting is to begin, the director of lands and forestry shall file with the 
21.17 	county auditor a report showing the kinds, quantities, and value of the timber proposed to 
21.18 	be cut or removed and approved by the director of lands and forestry for cutting within 
21.19 	two years after the date of approval of the report by the director of lands and forestry. The 
21.20 	county auditor shall assess and levy the estimated yield tax thereon, make proper record 
21.21 	of this assessment and levy in the auditor's office, and notify the owner of the auxiliary 
21.22 	forest of the tax amount thereof. The owner shall, before any timber in the forest is cut or 
21.23 	removed, give a bond payable to the state of Minnesota, or in lieu thereof, a deposit in 
21.24 	cash with the county treasurer, in the amount required by the report, which shall be and not 
21.25 	less than 150 percent of the amount of the levy, conditioned for the payment of all taxes on 
21.26 	the timber to be cut or removed. Upon receipt of notification from the county auditor that 
21.27 	the bond or cash requirement has been deposited, the director of lands and forestry will 
21.28 	issue a cutting permit in accordance with the report. The owner shall keep an accurate 
21.29 	count or scale of all timber cut. On or before the fifteenth day of April 15 following 
21.30 	issuance of such the cutting permit, and on or before the fifteenth day of April 15 of each 
21.31 	succeeding year in which any merchantable wood products were cut on auxiliary forest 
21.32 	lands prior to the termination of such the permit, the owner of the timber covered by the 
21.33 	permit shall file with the director of lands and forestry a sworn statement, submitted in 
21.34 	duplicate, on a form prepared by the director of lands and forestry, one copy of which 
21.35 	shall must be transmitted to the county auditor, specifying the quantity and value of each 
22.1 	variety of timber and kind of product cut during the preceding year ending on March 31, 
22.2 	as shown by the scale or measurement thereof made on the ground as cut, skidded, or 
22.3 	loaded as the case may be. If no such scale or measurement shall have been was made on 
22.4 	the ground, an estimate thereof shall must be made and such estimate corrected by the first 
22.5 	scale or measurement, made in the due course of business, and such. The correction must 
22.6 	at once be filed with the director of lands and forestry who shall immediately transmit it to 
22.7 	the county auditor. On or before the fifteenth day of May 15 following the filing of the 
22.8 	sworn statement covering the quantity and value of timber cut under an authorized permit, 
22.9 	the auditor shall assess and levy a yield (severance) tax, according to Minnesota Statutes 
22.10 	2014, section 88.51, subdivision 2, of the timber cut during the year ending on the March 
22.11 	31st 31 preceding the date of assessing and levying this tax. This tax is payable and must 
22.12 	be paid to the county treasurer on or before the following May 31 next following. Copies 
22.13 	of the yield (severance) tax assessment and of the yield (severance) tax payment shall must
22.14 	be filed with the director of lands and forestry and the county auditor. Except as otherwise 
22.15 	provided, all yield (severance) taxes herein provided for shall must be levied and collected,
22.16 	and payment thereof, with penalties and interest, enforced in the same manner as taxes 
22.17 	imposed under the provisions of section 88.51, subdivision 1, and shall must be credited to 
22.18 	the funds of the taxing districts affected in the proportion of their interests in the taxes on 
22.19 	the land producing the yield (severance) tax. At any time On deeming it necessary, the 
22.20 	director of lands and forestry may order an inspection of any or all cutting areas within 
22.21 	an auxiliary forest and also may require the owner of the auxiliary forest to produce for 
22.22 	inspection by the director of lands and forestry of any or all cutting records pertaining to 
22.23 	timber cutting operations within an auxiliary forest for the purpose of determining the 
22.24 	accuracy of scale or measurement reports, and if intentional error in scale or measurement 
22.25 	reports is found to exist, shall levy and assess a tax triple the yield (severance) tax on the 
22.26 	stumpage value of the timber cut in excess of the quantity and value reported.
22.27 	(b) The following alternative method of assessing and paying annually the yield tax 
22.28 	on an auxiliary forest is to be available to an auxiliary forest owner upon application and 
22.29 	upon approval of the county board of the county within which the auxiliary forest is located.
22.30 	For auxiliary forests entered under this subdivision paragraph, the county auditor 
22.31 	shall assess and levy the yield tax by multiplying the acreage of each legal description 
22.32 	included within the auxiliary forest by the acre quantity of the annual growth by species, 
22.33 	calculated in cords, or in thousands of feet board measure Minnesota standard log scale 
22.34 	rule, whichever is more reasonably usable, for the major species found in each type by 
22.35 	the from year-to-year appraised stumpage prices for each of these species, used by the 
22.36 	Division of Lands and Forestry, Department of Natural Resources, in selling trust fund 
23.1 	timber located within the district in which the auxiliary forest is located. The assessed 
23.2 	value of the annual growth of the auxiliary forest, thus determined, shall be is subject to 
23.3 	a ten percent of stumpage value yield tax, payable annually on or before May 31. In all 
23.4 	other respects the assessment, levying and collection of the yield tax, as provided for in 
23.5 	this subdivision shall must follow the procedures specified in clause paragraph (a).
23.6 	Forest owners operating under this subdivision shall be paragraph are subject to all 
23.7 	other provisions of the auxiliary forest law except such the provisions of clause paragraph
23.8 	(a) as that are in conflict with this subdivision paragraph. Penalties for intentional failure 
23.9 	by the owner to report properly the quantity and value of the annual growth upon an 
23.10 	auxiliary forest entered under this subdivision paragraph and for failure to pay the yield 
23.11 	tax when due shall be are the same as the penalties specified in other subdivisions of this 
23.12 	law for like failure to abide by its provisions.
23.13 	To qualify for the assessment and levying of the yield tax by this method, the 
23.14 	owner of the forest requesting this method of taxation must submit a map or maps 
23.15 	and a tabulation in acres and in quantity of growth by legal descriptions showing the 
23.16 	division of the area covered by the auxiliary forest for which this method of taxation is 
23.17 	requested into the following forest types, namely: white and Norway red pine; jack pine; 
23.18 	aspen-birch; spruce-balsam fir; swamp black spruce; tamarack; cedar; upland hardwoods; 
23.19 	lowland hardwoods; upland brush and grass (temporarily nonproductive); lowland brush 
23.20 	(temporarily nonproductive); and permanently nonproductive (open bogs, stagnant 
23.21 	swamps, rock outcrops, flowage, etc.). Definition of these types and determination of the 
23.22 	average rate or rates of growth (in cords or thousand feet, board measure, Minnesota 
23.23 	standard log scale rule, which ever whichever is more logically applicable for each of 
23.24 	them) shall must be made by the director of the Division of Lands and Forestry, Minnesota 
23.25 	Department of Natural Resources, with the advice and assistance of the land commissioner 
23.26 	of the county in which the auxiliary forest is located; the director of the United States 
23.27 	Forest Service's North Central Forest Experiment Station; and the director of the School of 
23.28 	Forestry, University of Minnesota. Before the approval of the application of the owner of 
23.29 	an auxiliary forest to have the auxiliary or proposed auxiliary forest taxed under provisions 
23.30 	of this subdivision paragraph is submitted to the county board, the distribution between 
23.31 	types of the area as shown on the maps and in the tabulations submitted by the owner of the 
23.32 	auxiliary or proposed auxiliary forest shall must be examined and their accuracy determined 
23.33 	by the director of the Division of Lands and Forestry, Department of Natural Resources, 
23.34 	with the assistance of the county board of the county in which the auxiliary forest is located.
23.35 	During the life of the auxiliary forest, contract timber cutting operations within the 
23.36 	various types shown upon the type map accepted as a part of the approved auxiliary forest 
24.1 	application shall do not bring about a reclassification of the forest types shown upon that 
24.2 	map or those maps until after the passage of ten years following the termination of said the
24.3 	timber cutting operations and then only upon proof of a change in type.

24.4 	Sec. 40. Minnesota Statutes 2014, section 88.52, subdivision 4, is amended to read:
24.5 		Subd. 4.Hearing, procedure. The owner of any land or timber upon which a yield 
24.6 	tax is assessed and levied as provided in this section may, within 15 days after mailing 
24.7 	of notice of the amount of the tax, file with the county auditor a demand for hearing 
24.8 	thereon on the tax before the county board. The county auditor shall thereupon fix a date 
24.9 	of hearing, which shall must be held within 30 days after the filing of the demand, and 
24.10 	mail to the owner notice of the time and place of the hearing. The owner may appear at 
24.11 	the meeting and present evidence and argument as to the amount of the tax and as to any 
24.12 	related matter relating thereto. The county board shall thereupon determine whether the 
24.13 	tax as levied is proper in amount and make its order thereon. The county auditor shall 
24.14 	forthwith mail to the owner a notice of the order. If the amount of the tax is increased or 
24.15 	reduced by the order, the county auditor shall make a supplemental assessment and levy 
24.16 	thereof, as in this subdivision provided.

24.17 	Sec. 41. Minnesota Statutes 2014, section 88.52, subdivision 5, is amended to read:
24.18 		Subd. 5.Yield tax, a prior lien. Throughout the life of any such auxiliary forest,
24.19 	the yield tax accruing thereon shall constitute and be yield tax constitutes and is a first and 
24.20 	prior lien upon all the merchantable timber and forest products growing or grown thereon; 
24.21 	and, if not paid when due, this yield tax, together with penalties and interest thereon as 
24.22 	otherwise provided by law and all expenses of collecting same, shall continue continues to 
24.23 	be a lien upon the timber and forest products and every part and parcel thereof wherever 
24.24 	the same may be or however much changed in form or otherwise improved until the yield 
24.25 	tax is fully paid. Such The lien may be foreclosed and the property subject thereto to 
24.26 	the lien dealt with by action in the name of the state, brought by the county attorney at 
24.27 	the request of the county auditor.

24.28 	Sec. 42. Minnesota Statutes 2014, section 88.52, subdivision 6, is amended to read:
24.29 		Subd. 6.Timber held exempt from yield tax. Timber cut from an auxiliary forest 
24.30 	by an owner and used by the owner for fuel, fencing, or building on land occupied by the 
24.31 	owner which is within or contiguous to the auxiliary forest where cut shall be is exempt 
24.32 	from the yield tax, and, as to timber so cut and used, the requirements of subdivisions 
24.33 	1 and 2 shall do not be applicable and in lieu thereof apply. The owner shall, prior to 
25.1 	cutting, file with the county auditor, on a form prepared by the commissioner, a statement 
25.2 	showing the quantity of each kind of forest products proposed to be cut and the purposes 
25.3 	for which the same the products will be used.

25.4 	Sec. 43. Minnesota Statutes 2014, section 88.523, is amended to read:
25.5 	88.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL 
25.6 	AGREEMENTS.
25.7 	Upon application of the owner, any auxiliary forest contract heretofore or hereafter 
25.8 	executed may be made subject to any provisions of law enacted subsequent to the execution 
25.9 	of the contract and in force at the time of application, so far as not already applicable, with 
25.10 	the approval of the county board and the commissioner of natural resources. As evidence 
25.11 	thereof A supplemental agreement in a form prescribed by the commissioner and approved 
25.12 	by the attorney general shall must be executed by the commissioner in behalf of the state 
25.13 	and by the owner. Such The supplemental agreement shall must be filed and recorded in 
25.14 	like manner as the original supplemental contract under section 88.49, subdivision 9, and 
25.15 	shall thereupon take takes effect upon filing and recording.

25.16 	Sec. 44. Minnesota Statutes 2014, section 88.53, subdivision 1, is amended to read:
25.17 		Subdivision 1.Time for disposal. Any corporation, association, or organization 
25.18 	may acquire and hold any amount of land without restriction and without limit as to 
25.19 	acreage or quantity for the purpose of including same within and holding same as an 
25.20 	auxiliary forest under the provisions of sections 88.47 to 88.53. When the same shall 
25.21 	cease land ceases to be an auxiliary forest, the owners shall have five years within which 
25.22 	to dispose of the land, any provisions of general law to the contrary notwithstanding.

25.23 	Sec. 45. Minnesota Statutes 2014, section 88.53, subdivision 2, is amended to read:
25.24 		Subd. 2.Rules. The director shall make rules and adopt and prescribe such forms 
25.25 	and procedure as shall be is necessary in carrying out the provisions of sections 88.47
25.26 	88.49 to 88.53; and the director and every county board, county recorder, registrar of titles, 
25.27 	assessor, tax collector, and every other person in official authority having any duties to 
25.28 	perform under or growing out of sections 88.47 88.49 to 88.53 are hereby severally vested 
25.29 	with full power and authority to enforce such rules, employ help and assistance, acquire 
25.30 	and use equipment and supplies, or do any other act or thing reasonably necessary to the 
25.31 	proper performance of duties under or arising from the administration and enforcement of 
25.32 	sections 88.47 88.49 to 88.53. It shall be the duty of The director to must cause periodic 
26.1 	inspections to be made of all auxiliary forests for the purpose of determining whether 
26.2 	relative contract and statutory provisions relative thereto are being complied with.

26.3 	Sec. 46. Minnesota Statutes 2014, section 88.6435, subdivision 4, is amended to read:
26.4 		Subd. 4.Forest bough account; disposition of fees. (a) The forest bough account 
26.5 	is established in the state treasury within the natural resources fund.
26.6 	(b) Fees for permits issued under this section shall must be deposited in the state 
26.7 	treasury and credited to the forest bough account and, except for the electronic licensing 
26.8 	system commission established by the commissioner under section 84.027, subdivision 
26.9 	15, are annually appropriated to the commissioner of natural resources for costs associated 
26.10 	with balsam bough educational special forest product information and education programs 
26.11 	for harvesters and buyers.

26.12 	Sec. 47. Minnesota Statutes 2014, section 103G.271, subdivision 5, is amended to read:
26.13 		Subd. 5.Prohibition on once-through water use permits. (a) Except as provided 
26.14 	in paragraph (c), the commissioner may not issue a water use permit to increase the 
26.15 	volume of appropriation from a groundwater source for a once-through cooling system.
26.16 	(b) Except as provided in paragraph (c), once-through system water use permits 
26.17 	using in excess of 5,000,000 gallons annually must be terminated by the commissioner, 
26.18 	unless the discharge is into a public water basin within a nature preserve approved by the 
26.19 	commissioner and established prior to January 1, 2001. The commissioner may issue a 
26.20 	permit for a system in existence prior to January 1, 2015, for up to 5,000,000 gallons 
26.21 	annually. Existing once-through systems must not be expanded and are required to convert 
26.22 	to water efficient alternatives within the design life of existing equipment.
26.23 	(c) Notwithstanding paragraphs (a) and (b), the commissioner, with the approval of 
26.24 	the commissioners of health and the Pollution Control Agency, may issue once-through 
26.25 	system water use permits on an annual basis for groundwater thermal exchange devices 
26.26 	or aquifer storage and recovery systems that return all once-through system water to the 
26.27 	source aquifer. Water use permit processing fees in subdivision 6, paragraph (a), apply 
26.28 	to all water withdrawals under this paragraph, including any reuse of water returned to 
26.29 	the source aquifer.

26.30 	Sec. 48. Minnesota Statutes 2014, section 103G.271, subdivision 6a, is amended to read:
26.31 		Subd. 6a.Payment of fees for past unpermitted appropriations. An entity that 
26.32 	appropriates water without a required permit under subdivision 1 must pay the applicable 
26.33 	water use permit processing fee specified in subdivision 6 for the period during which the 
27.1 	unpermitted appropriation occurred. The fees for unpermitted appropriations are required 
27.2 	for the previous seven calendar years after being notified of the need for a permit. This 
27.3 	fee is in addition to any other fee or penalty assessed. The commissioner may waive 
27.4 	payment of fees for past unpermitted appropriations for a residential system permitted 
27.5 	under subdivision 5, paragraph (b).

27.6 	Sec. 49. Minnesota Statutes 2014, section 282.011, subdivision 3, is amended to read:
27.7 		Subd. 3.Title examination. The commissioner of revenue shall, if requested by the 
27.8 	purchaser or the county attorney of the county where all or a portion of the land is situated, 
27.9 	deliver the deed to the county attorney for use under Minnesota Statutes 2014, section 
27.10 	88.48, subdivision 5, but such delivery shall not be considered delivery to the purchaser. 
27.11 	The county attorney shall be instructed when taking the transferral of the deed that said 
27.12 	deed shall not be delivered to the purchaser unless the land involved is accepted as and 
27.13 	placed into an auxiliary forest.

27.14 	Sec. 50. LAKE VERMILION-SOUDAN UNDERGROUND MINE STATE PARK.
 27.15 	[85.012] [Subd. 38a.] Lake Vermilion-Soudan Underground Mine State Park, 
27.16 	St. Louis County.
27.17 	The Lake Vermilion-Soudan Underground Mine State Park mine tour operation is 
27.18 	exempt from Minnesota Statutes, sections 326B.163 to 326B.191. The federal mine 
27.19 	code for hoists that lift people under 30 CFR Part 57 Subpart R, applies to the Lake 
27.20 	Vermilion-Soudan Underground Mine State Park hoist. The commissioner shall employ 
27.21 	a hoist safety expert to conduct an annual inspection of the hoist system at the Lake 
27.22 	Vermilion-Soudan Underground Mine State Park.

27.23 	Sec. 51. RULEMAKING; WATER SURFACE USE RESTRICTIONS.
 27.24 	(a) The commissioner of natural resources shall amend Minnesota Rules, part 
27.25 	6110.3700, subpart 9, to allow a longer period of temporary special controls in situations 
27.26 	of local emergency by deleting "five" and inserting "30" and deleting "five-day" and 
27.27 	inserting "30-day."
27.28 	(b) The commissioner may use the good-cause exemption under Minnesota Statutes, 
27.29 	section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota 
27.30 	Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, 
27.31 	section 14.388.

27.32 	Sec. 52. RULEMAKING; PERSONAL FLOTATION DEVICES.
 28.1 	(a) To conform with changes in federal regulation, the commissioner of natural 
28.2 	resources shall amend Minnesota Rules, part 6110.1200, subpart 3, as follows:
28.3 	(1) delete the term "Type I, II, or III" and insert "wearable";
28.4 	(2) delete the term "Type IV" and insert "throwable";
28.5 	(3) delete items B and D and reletter the remaining items; and
28.6 	(4) insert a new item that reads:
28.7 	"C. All personal flotation devices required by this subpart must be:
28.8 	(1) approved by the U.S. Coast Guard;
28.9 	(2) legibly marked with any requirements and the approval number issued by the 
28.10 	U.S. Coast Guard;
28.11 	(3) in serviceable condition free of tears, rot, punctures, or waterlogging, and with 
28.12 	all straps and fasteners present and in good condition;
28.13 	(4) of the appropriate size for the intended wearer, if the device is designed to be worn, 
28.14 	and in compliance with any requirements listed on the U.S. Coast Guard approval label;
28.15 	(5) for wearable devices, either readily accessible or worn, except when:
28.16 	(a) devices are required to be worn to be accepted as U.S. Coast Guard-approved; or
28.17 	(b) wearing a U.S. Coast Guard-approved wearable personal flotation device is 
28.18 	mandatory; and
28.19 	(6) for throwable devices, immediately available.
28.20 	"Readily accessible" means easily retrievable within a reasonable amount of time 
28.21 	in an emergency. "Immediately available" means easily reached in time of emergency. 
28.22 	Personal flotation devices located in locked containers, under heavy objects, or left in 
28.23 	shipping bags are not considered readily accessible or immediately available."
28.24 	(b) The commissioner may use the good cause exemption under Minnesota Statutes, 
28.25 	section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota 
28.26 	Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, 
28.27 	section 14.388.

28.28 	Sec. 53. REVISOR'S INSTRUCTION.
 28.29 	The revisor of statutes shall delete the range reference "88.47 to 88.53" wherever it 
28.30 	appears in Minnesota Statutes and Minnesota Rules and insert "88.49 to 88.53."

28.31 	Sec. 54.  REPEALER.
 28.32 	Minnesota Statutes 2014, sections 88.47; 88.48; 88.49, subdivisions 1, 2, and 10; 
28.33 	88.491, subdivision 1; 88.51, subdivision 2; and 282.013, are repealed.