SF 1245

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/11/2025 11:45 a.m.

A bill for an act
relating to natural resources; requiring the commissioner of natural resources to
consider decommissioning a road or trail designated for off-highway vehicle use
under certain circumstances; protecting land, water quality, aquatic life, and wildlife
from effects of using certain motorized recreational trails; requiring environmental
assessment worksheet to construct or expand off-highway vehicle trails; requiring
rulemaking; appropriating money; amending Minnesota Statutes 2024, section
84.777; proposing coding for new law in Minnesota Statutes, chapter 84; repealing
Laws 2003, chapter 128, article 1, section 167, subdivision 1, as amended;
Minnesota Rules, part 6100.0500, subpart 8d.

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

Section 1.

Minnesota Statutes 2024, section 84.777, is amended to read:

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

Subdivision 1.

Designated trails.

(a) deleted text begin Except as otherwise allowed by law or rules adopted
by the commissioner, effective June 1, 2003, deleted text end Notwithstanding sections 84.787 to 84.804
and 84.92 to 84.928, the use of off-highway vehicles is prohibited on state land administered
by the commissioner of natural resources deleted text begin , deleted text end and on county-administered forest land within
the boundaries of a state forest, except on roads and trails specifically designated and posted
by the commissioner for use by off-highway vehicles.

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

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

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

new text begin (2) an unpaved trail that crosses over waters designated as outstanding resource value
waters or as exceptional habitat waters under Minnesota Rules, chapter 7050;
new text end

new text begin (3) land designated by the commissioner of agriculture or a county as containing
prohibited noxious weeds, restricted noxious weeds, or county noxious weeds under sections
18.76 to 18.91, when infestations are found;
new text end

new text begin (4) an unpaved trail that is less than 200 feet from a public water that supports aquatic
life; or
new text end

new text begin (5) an unpaved trail that is less than 150 feet from a public water that does not support
aquatic life.
new text end

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

new text begin (e) For purposes of this subdivision:
new text end

new text begin (1) "Ceded Territory" means land outside the boundary of an Indian reservation that was
ceded by a Tribe to the United States;
new text end

new text begin (2) "Tribal Lands" means land within the boundary of an Indian reservation and land
outside the boundary of an Indian reservation that is held in trust for a Tribe or Tribes by
the United States; and
new text end

new text begin (3) "unpaved trail" does not include a trail, road, or route where motor vehicles, as
defined under section 168.002, subdivision 18, are permitted.
new text end

Subd. 2.

Seasonal restrictions.

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

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

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

Subd. 3.

Mapped trails.

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

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

Subd. 4.

Rulemaking exemption.

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

new text begin Subd. 5. new text end

new text begin Decommissioning. new text end

new text begin (a) The commissioner must consider decommissioning a
road or trail designated for use by off-highway vehicles upon presentation of material
evidence that demonstrates that the road or trail may be having significant environmental
effects, if the evidence is accompanied by:
new text end

new text begin (1) a petition signed by no fewer than 50 individuals who reside or own property in the
county that the road or trail is located in;
new text end

new text begin (2) a petition signed by no fewer than 100 individuals who reside or own property in
the county or a county adjacent to the county that the road or trail is located in;
new text end

new text begin (3) a petition signed by no fewer than 150 individuals who reside or own property in
Minnesota; or
new text end

new text begin (4) a petition by a local unit of government through which the road or trail passes.
new text end

new text begin (b) The commissioner must review a petition submitted under paragraph (a) within 90
days of the request and must issue a final order. The commissioner may extend this period
by 90 days by providing written notice of the extension to the applicant or applicants. Any
further extension requires the agreement of the local unit of government or of a majority of
the petitioners, as applicable.
new text end

new text begin Subd. 6. new text end

new text begin Legislative findings. new text end

new text begin The legislature finds that off-highway vehicle use on
roads and trails should be similarly managed statewide and that regulations in place south
of U.S. Highway 2 on January 15, 2025, should be implemented statewide.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 1, paragraph (c), clause (1), is effective the day
following final enactment. The remainder of this section is effective August 1, 2025.
new text end

Sec. 2.

new text begin [84.7775] STATE AND GRANT-IN-AID TRAIL PLANNING
REQUIREMENTS.
new text end

new text begin When planning for a state or grant-in-aid off-highway vehicle trail or route, the
commissioner of natural resources or county board must:
new text end

new text begin (1) provide written notice to any city, county, township, or road authority where the trail
or route may be located before initiating the planning process; and
new text end

new text begin (2) consult with and include as part of the planning process any city, county, township,
or road authority where the trail or route is located.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

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

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

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

new text begin The Environmental Quality Board must amend Minnesota Rules, part 4410.4300, subpart
37, to make preparation of an environmental assessment worksheet mandatory, effective
August 1, 2026, for any off-highway vehicle trail construction or expansion, except for
rerouting one mile or less of an existing off-highway vehicle trail.
new text end

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2026 is appropriated from the all-terrain vehicle account in the natural
resources fund to the commissioner of natural resources to implement the requirements of
this act. This is a onetime appropriation.
new text end

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025.
new text end

APPENDIX

Repealed Minnesota Session Laws: 25-01992

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

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

Subdivision 1.

Forest classification status review.

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

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

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

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

Repealed Minnesota Rule: 25-01992

6100.0500 DEFINITIONS.

Subp. 8d.

Scramble area.

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