SF 4737
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/24/2026 10:59 a.m.
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A bill for an act
relating to natural resources; authorizing foraging on state land; authorizing
rulemaking; requiring reports; appropriating money; amending Minnesota Statutes
2024, section 84.027, subdivision 13a; proposing coding for new law in Minnesota
Statutes, chapter 84.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin SHORT TITLE.
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This act may be cited as the "Minnesota Foraging Act."
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Sec. 2.
Minnesota Statutes 2024, section 84.027, subdivision 13a, is amended to read:
Subd. 13a.
Natural resources expedited permanent rules.
(a) In addition to the authority
granted in subdivision 13, the commissioner of natural resources may adopt rules under
section 14.389 that are authorized under:
(1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to designate
fish spawning beds or fish preserves, to select hunters or anglers for areas, to provide for
registration of game or fish, to prevent or control wildlife disease, or to correct errors or
omissions in rules that do not have a substantive effect on the intent or application of the
original rule;
(2) section 84D.12 to designate prohibited invasive species, regulated invasive species,
and unregulated nonnative species; deleted text begin or
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(3) section 116G.15 to change the placement and boundaries of land use districts
established in the Mississippi River Corridor Critical Areadeleted text begin .deleted text end new text begin ; or
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(4) section 84.0925 to prohibit foraging plants on state lands, to prohibit foraging on
designated portions of state-owned land, and to set limits on the amount of forage plants
that may be harvested from state lands.
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(b) The commissioner of natural resources may adopt rules under section 14.389 that
are authorized under chapters 97A, 97B, and 97C, for purposes in addition to those listed
in paragraph (a), clause (1), subject to the notice and public hearing provisions of section
14.389, subdivision 5.
Sec. 3.
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[84.0925] FORAGING ON STATE LANDS.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) The following definitions apply in this section.
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(b) "Commercial use" means a use that is not a noncommercial personal use.
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(c) "Forage plants" means naturally occurring terrestrial mushrooms, berries, seeds, nuts,
flowers, leaves, roots, and fungi that are edible.
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(d) "Foraging" means searching for, harvesting, collecting, or taking forage plants.
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(e) "Noncommercial personal use" means foraging as part of a nonbusiness activity,
without profit motive, including foraging for:
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(1) personal or household consumption or ceremonial, cultural, or medicinal purposes;
or
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(2) gifting or sharing with family, friends, or community members for consumption or
ceremonial, cultural, or medicinal purposes.
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(f) "Prohibited plant" means any forage plant:
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(1) for which harvesting, collecting, or taking is governed by another section; or
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(2) that is designated a prohibited plant by rules adopted under subdivision 3.
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(g) "State lands" means any state-owned land or water administered by the commissioner,
except land or water:
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(1) that the public does not have lawful access to;
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(2) that is part of a scientific and natural area; or
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(3) on which the commissioner has prohibited foraging by rules adopted under subdivision
3.
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new text begin Subd. 2. new text end
new text begin Foraging authorized. new text end
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Foraging on state lands for noncommercial personal use
is recognized as a legitimate recreational and cultural activity in the state. A person may
forage on state lands if foraged plants will be used for a noncommercial personal use only
and can be harvested, collected, and taken without damaging other natural resources. Nothing
in this section authorizes foraging prohibited plants.
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new text begin Subd. 3. new text end
new text begin Rules. new text end
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(a) The commissioner may adopt rules under section 84.027, subdivision
13a:
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(1) designating forage plants as prohibited plants when necessary to protect the state's
natural and cultural resources or to prevent harm to human health;
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(2) prohibiting foraging in specific areas within state parks where foraging is restricted
or prohibited due to management practices, land restoration activities, plant surveys, or
maintenance needs;
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(3) prohibiting foraging on a portion of state-owned land or waters administered by the
commissioner when necessary to protect the state's natural resources;
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(4) requiring a permit to harvest species of forage plants and setting quantifiable limits
on the amount of individual forage plant species that may be harvested when the available
evidence demonstrates it necessary to protect the state's natural resources. The commissioner
must ensure that any permitting process under this clause is clear and accessible. The
commissioner must make permit applications available electronically and allow for electronic
payment of applicable fees. The commissioner must not adopt restrictions under this clause
that are broad or preemptive without evidence;
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(5) implementing changes that are necessary to ensure continued receipt of federal
funding under the Pittman-Robertson and Dingell-Johnson Acts;
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(6) conferring discretionary authority on department land managers to impose
geographically defined and site-specific limitations within individual land units or ecological
subunits when necessary to protect sustainability or culturally sensitive resources or in
response to observed resource damage, public safety concerns, or ecological degradation;
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(7) providing for implementation of immediate temporary protective measures, seasonal
restrictions, species protections, or emergency temporary closures; and
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(8) implementing policies needed to acknowledge and harmonize foraging rules with
foraging's status as a right that has been included in the Minnesota Children's Cabinet
Children's Outdoor Bill of Rights.
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(b) The commissioner must consider traditional ecological knowledge, regenerative
harvesting methods, and honorable harvest practices and must comply with the consultation
requirements of section 10.65 when adopting rules under this subdivision.
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new text begin Subd. 4. new text end
new text begin Public information about foraging. new text end
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The commissioner must create and
maintain a separate page on the department's website that provides the public with
information about:
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(1) current foraging laws and rules, including a clear explanation of which forage plants
may be taken from which areas of the state and in what quantities;
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(2) any modifications to foraging laws and rules proposed by the commissioner, including
information about any rulemaking commenced under subdivision 3;
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(3) best management practices for foraging; and
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(4) opportunities for the public to have input in regulating foraging.
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new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2028.
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Sec. 4. new text begin MORATORIUM ON FORAGING RULEMAKING.
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The commissioner of natural resources must not adopt rules governing foraging on state
lands, except as otherwise authorized by Minnesota Statutes, section 84.0925, for five years
after the effective date of this section in order to establish a defined evaluation period
allowing for systematic data collection, monitoring, and research regarding the ecological,
cultural, and economic impacts of authorized foraging activities on state lands. During this
time, the commissioner must avoid rulemaking that substantially reduces, narrows, or alters
the scope of foraging access except as necessary to:
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(1) respond to an urgency or emergency, including an immediate threat or substantiated
risk to public health or safety or to ecological integrity;
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(2) comply with federal law or binding federal funding requirements; or
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(3) make administrative or technical improvements.
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Sec. 5. new text begin FORAGING RULEMAKING AND PERMITTING.
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$....... in fiscal year 2027 is appropriated from the general fund to the commissioner of
natural resources to develop foraging rulemaking and a permitting process under Minnesota
Statutes, section 84.0925. This is a onetime appropriation.
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Sec. 6. new text begin FORAGING BEST MANAGEMENT PRACTICES AND PUBLIC
EDUCATION.
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(a) $....... in fiscal year 2027 is appropriated from the general fund to the commissioner
of natural resources to develop foraging best management practices and public education
resources. This is a onetime appropriation. The commissioner must develop the best
management practices and public education resources in collaboration with the University
of Minnesota Extension and in consultation with stakeholders, which may include but is
not limited to Minnesota Tribal governments, Minnesota Mycological Society, Minnesota
Herb Society, Minnesota Foraging Alliance, Back Country Hunters and Anglers, Minnesota
Native Plant Society, and Minnesota Master Naturalists and Gardeners.
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(b) The best management practices and public education resources must be easily
accessible to the public for minimal or no cost and must include:
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(1) cultural and community considerations, including Tribal sovereignty and distinct
treaty rights, including plant species as sacred medicines;
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(2) honorable harvest practices and regenerative harvesting methods that align with
traditional ecological knowledge, how foraging affects biodiversity and soil health, and
seasonal considerations;
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(3) information on the availability of Minnesota's outdoor recreation system for foraging,
including identification of public land types and what rules apply for foraging on different
public land types;
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(4) recommendations for personal and physical safety, including tick exposure, possible
pesticide contamination exposure, gear, safe use of knives and digging tools, first aid, and
emergency protocols;
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(5) materials for plant identification basics, including how to positively identify edible
and medicinal plants and fungi; and
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(6) recommendations for reducing the spread of invasive species, including compliance
with Minnesota Noxious Weed Law.
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(c) By January 15, 2028, the commissioner must submit a report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over
environment and natural resources on the development and implementation of the foraging
best management practices and public education resources described in this section.
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Sec. 7. new text begin STUDY OF FORAGING; IMPACT IN MINNESOTA.
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$....... in fiscal year 2027 is appropriated from the general fund to the commissioner of
natural resources for a study on foraging and its impact in the state. This is a onetime
appropriation and is available until June 30, 2032. By January 15, 2032, the commissioner
of natural resources, in consultation with the University of Minnesota Extension and
interested stakeholders, must submit a report on the study to the chairs and ranking minority
members of the legislative committees and divisions with jurisdiction over environment
and natural resources. The report must include:
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(1) information about the type and frequency of foraging activities during the previous
five years on state lands, as defined in Minnesota Statutes, section 84.0925, subdivision 1,
broken out by region of the state and species foraged;
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(2) an assessment of the impact of foraging activities on the state's natural resources;
and
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(3) an assessment of the effect that foraging laws have on conservation outcomes, public
access, stewardship practices, community engagement, and the sharing of traditional
ecological knowledge, along with any recommendations for statutory or policy changes
related to foraging on state lands.
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