HF 1237

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; protecting the practice 
  1.3             of forestry; proposing coding for new law in Minnesota 
  1.4             Statutes, chapter 89. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [89.017] [PROTECTION OF THE PRACTICE OF 
  1.7   FORESTRY.] 
  1.8      Subdivision 1.  [CITATION.] This section may be cited as 
  1.9   the Right to Practice Forestry Act. 
  1.10     Subd. 2.  [POLICY.] It is the policy of the state to: 
  1.11     (1) recognize that forestry is extremely important to the 
  1.12  economy, environment, high-quality scenery, diversity of 
  1.13  wildlife, and quality of water in lakes and streams in this 
  1.14  state; 
  1.15     (2) promote the proper use of forest resources as an 
  1.16  inherent element in the viability and sustainability of 
  1.17  communities located in forest land; 
  1.18     (3) ensure the availability of forest resources for 
  1.19  supporting quality health facilities, quality educational 
  1.20  systems, and employment for residents choosing to live on forest 
  1.21  land or in forest land communities; 
  1.22     (4) provide for and encourage prescriptive management of 
  1.23  forest land through proactive quality land stewardship programs 
  1.24  for the establishment of new forest crops, tending existing and 
  1.25  new forest crops, removal of wood fiber, and utilization of 
  2.1   silvicultural principles and practices; 
  2.2      (5) protect private property rights in the implementation 
  2.3   of this section; 
  2.4      (6) sustain the inherent quality of forest land and related 
  2.5   resources for its residents; and 
  2.6      (7) provide incentives to support quality stewardship of 
  2.7   forest land. 
  2.8      Subd. 3.  [DEFINITIONS.] (a) The definitions in this 
  2.9   subdivision apply to this section. 
  2.10     (b) "The practice of forestry" includes, but is not limited 
  2.11  to, harvesting wood; preparation of forest land for the 
  2.12  establishment of a new forest crop; planting, seeding, or use of 
  2.13  natural regeneration for establishing a new forest crop; tending 
  2.14  and weeding a forest crop; and employment of appropriate 
  2.15  treatments for controlling forest diseases and insects.  The 
  2.16  practice of forestry includes sustaining the high quality of 
  2.17  lakes and streams, wildlife habitat, and scenic terrain through 
  2.18  cooperative projects involving multiple organizations. 
  2.19     (c) "Person" means an individual, corporation, partnership, 
  2.20  other unincorporated association, local unit of government, and 
  2.21  the state. 
  2.22     (d) "Community development" means land-use decisions made 
  2.23  by a local unit of government. 
  2.24     Subd. 4.  [NUISANCE INTERFERENCE WITH THE PRACTICE OF 
  2.25  FORESTRY.] (a) A person must not interfere with or attempt to 
  2.26  interfere with the practice of forestry.  Interference with the 
  2.27  practice of forestry includes, but is not limited to, 
  2.28  interference with access to forest land, removal of wood 
  2.29  products, reforestation activities, and activities necessary for 
  2.30  tending an existing crop.  A person must not create a physical 
  2.31  barrier to the practice of forestry on forest land if the person 
  2.32  is not an owner of the forest land. 
  2.33     (b) A violation of paragraph (a) is a nuisance and may be 
  2.34  enjoined by a district court, unless the person charged under 
  2.35  paragraph (a) can present specific scientific data and 
  2.36  biophysical evidence to the court that has been obtained at the 
  3.1   person's expense to demonstrate the validity of their actions.  
  3.2   Prescriptive forest management activities are permitted while 
  3.3   the evidence is collected.  The remedies provided in this 
  3.4   subdivision are the exclusive remedies for a violation of 
  3.5   paragraph (a). 
  3.6      (c) If a person succeeds in preventing an owner of forest 
  3.7   land from the practice of forestry on that land, the person must 
  3.8   reimburse the owner of the forest land as required by this 
  3.9   paragraph.  Reimbursement must be from funds belonging to the 
  3.10  person.  The reimbursement must equal the gross value of the 
  3.11  current forest crop plus the market value of the land.  For a 
  3.12  new forest crop that is being regenerated, the reimbursement 
  3.13  must equal the projected value of the next crop of merchantable 
  3.14  wood fiber plus the value of the land.  For the purposes of this 
  3.15  paragraph, "next crop" can include one or more species of tree.  
  3.16  A court awarding damages under this paragraph must first review 
  3.17  a determination of the kind and value of the crop made by a 
  3.18  practicing professional forester. 
  3.19     (d) The practice of forestry must be conducted in a manner 
  3.20  that does not adversely impact the value of other forest land.  
  3.21  Any forest land management activity inconsistent with the 
  3.22  requirements of this paragraph must be corrected promptly using 
  3.23  the appropriate procedures and techniques. 
  3.24     Subd. 5.  [COMMUNITY DEVELOPMENT; INTERFERENCE WITH THE 
  3.25  PRACTICE OF FORESTRY.] Community development in previously 
  3.26  forested areas or adjacent to forest land may not interfere with 
  3.27  the practice of forestry.  If community development in these 
  3.28  areas is a nuisance to the health and quality of adjacent forest 
  3.29  land, the person responsible for the development must take 
  3.30  prompt and appropriate action to eliminate the nuisance. 
  3.31     Subd. 6.  [FOREST LAND USE CLASSIFICATION; NOTIFICATION ON 
  3.32  PROPERTY DEED.] The commissioner of natural resources shall 
  3.33  develop criteria for the classification of land as forest land 
  3.34  in addition to the meaning given in section 89.001, subdivision 
  3.35  4.  A seller of real property must include a classification of 
  3.36  the property as forest land on the deed for sale and the 
  4.1   classification must be recorded on the title to the property.  
  4.2   The commissioner of commerce must inform all sellers and 
  4.3   purchasers of real property of the protection provided for the 
  4.4   practice of forestry under this section and the classification 
  4.5   established for forest land by the commissioner of natural 
  4.6   resources.