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HF 3089

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/23/2018 03:09pm

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Current Version - 1st Engrossment

A bill for an act
relating to mines; modifying inspection requirements;amending Minnesota Statutes
2016, sections 180.03, subdivisions 2, 3, 4; 180.10.

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

Section 1.

Minnesota Statutes 2016, section 180.03, subdivision 2, is amended to read:


Subd. 2.

Fences.

Every person, firm, or corporation that is or has been engaged in the
business of mining or removing iron ore, taconite, semitaconite or other minerals except
sand, crushed rock, and gravel shall erect and maintain, as a minimum, a three strand wire
fence along the outside perimeter of the excavation, open pit, or shaft of any mine in which
mining operations have ceased for a period of six consecutive months or longer. Based upon
local site conditions that may exist at shafts, caves, or open pits, the county mine inspector
may require more secure fencing such as barbed wire or mesh fence, or may require barriers,
appropriate signs, or any combination of the above, to reduce the possibility of accidental
falls. The county mine inspector may grant exemptions under subdivision 4. Where mining
operations have ceased and not resumed, the fence, barrier, signs, or combination of them
required by this section
shall be erected within two years from the date when the county
mine inspector directs the erection of fences, barriers, signs, or combination of them.

Sec. 2.

Minnesota Statutes 2016, section 180.03, subdivision 3, is amended to read:


Subd. 3.

Abandoned mines.

Except as described in subdivision 4, when a mine is idle
or abandoned it is the duty of the inspector of mines to notify the person, firm, or corporation
that is or has been engaged in the business of mining to erect and maintain around all the
shafts, caves, and open pits of such mines a fence, barrier, appropriate signs, or combination
of them, suitable to warn of the presence of shafts, caves, or open pits and reduce the
possibility of accidentally falling into these shafts, caves, or open pits. If the mine has been
idled or abandoned, or if the person, firm, or corporation that has been engaged in the
business of mining no longer exists, the fee owner shall erect and maintain the fence, barrier,
or signs required by this section. If the fee owner fails to act, the county in which the mining
operation is located may, in addition to any other remedies available, abate the nuisance by
erecting or maintaining the fence, barrier, or signs and assessing the costs and related
expenses pursuant to section 429.101.

Sec. 3.

Minnesota Statutes 2016, section 180.03, subdivision 4, is amended to read:


Subd. 4.

Exemptions.

(a) The portion of an excavation, cave, open or water-filled pit,
or shaft is exempt from the requirements of this section if:

(1) it is located on property owned, leased, or administered by the Office of the
Commissioner of Iron Range Resources and Rehabilitation;

(2) it is for the construction, operation, maintenance, or administration of:

(i) grants-in-aid trails as defined in section 85.018;

(ii) property owned or leased by a municipality, as defined in section 466.01, subdivision
1, that is intended or permitted to be used as a park, an open area for recreational purposes,
or for the provision of recreational services, including the creation of trails or paths without
artificial surfaces; or

(iii) recreational use, as defined in section 604A.21, subdivisions 5 and 6, provided the
use is administered by a municipality, as defined in section 466.01, subdivision 1;

(3) it is for economic development purposes under chapter 469; or

(4) upon written application by the property owner, the county mine inspector may
exempt from the requirements of subdivision 2, any abandoned excavation, open pit, or
shaft which
determines that it is provided with fencing, barriers, appropriate signs, or
combinations of them, in a manner that is reasonably similar to the standards in subdivision
2, or which if, in the inspector's judgment, it does not constitute a safety hazard.

(b) Where an exemption applies, there shall be, at a minimum, appropriate signs posted
by the recipient of the exemption consistent with section 97B.001, subdivision 4:

(1) at each location of public access to the mining area restricting access to designated
areas and warning of possible dangers due to the presence of excavations, shafts, caves, or
open or water-filled pits;

(2) prohibiting public access beyond the boundaries of the designated public access area;
and

(3) identifying those areas where the property on which public access is allowed abuts
private property.

(c) Where an exemption applies, to reduce the possibility of inadvertent access beyond
the boundaries of the designated public access area, any new fencing erected by the recipient
of the exemption in accordance with subdivision 2 or 3 shall be maintained by the recipient
of the exemption.

(d) Notwithstanding section 180.10, limited openings in preexisting fencing may be
created and maintained by the recipient of the exemption or its agent to provide public
access to the designated public access area.

(e) The county mine inspector has the authority to enter, examine, and inspect any and
all property exempted under this section at all reasonable times by day or by night, and, in
addition to enforcing the provisions of this chapter, may make recommendations regarding
the erection of fences, barriers, signs, or a combination of them.

Sec. 4.

Minnesota Statutes 2016, section 180.10, is amended to read:


180.10 REMOVAL OF FENCE; GUARD.

A worker, employee, or other person who opens, removes, or disturbs any fence, guard,
barrier, sign, or rail required by section 180.03 and fails to close or replace or have the same
closed or replaced again around or in front of any mine shaft, pit, chute, excavation, cave,
or land liable to cave, injure, or destroy, whether by accident, injury, or damage results,
either to the mine or those at work therein, or to any other person, shall be guilty of a
misdemeanor. A worker, employee, or other person who, in regard to any fence, guard,
barrier, sign, or rail, does any of the acts prohibited by section 609.52, commits theft of the
fence, guard, barrier, sign, or rail may be sentenced as provided in section 609.52.

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