HF 5298

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 02:51pm

A bill for an act
relating to game and fish; modifying trespass law to allow purple markings;
amending Minnesota Statutes 2022, section 97B.001, subdivisions 4, 5, by adding
a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 97B.001, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Forest land definition. new text end

new text begin For the purposes of this section, "forest land" means
land:
new text end

new text begin (1) with at least ten percent cover by trees that will be at least 13 feet tall at maturity;
and
new text end

new text begin (2) that shows evidence of natural tree regeneration.
new text end

Sec. 2.

Minnesota Statutes 2022, section 97B.001, subdivision 4, is amended to read:

Subd. 4.

Entering posted new text begin or marked new text end land prohibited; signs.

(a) Except as provided
in subdivision 6, a person may not:

(1) enter, for outdoor recreation purposes, any land that is posted new text begin or marked new text end under this
subdivision without first obtaining permission of the owner, occupant, or lessee; or

(2) knowingly enter, for outdoor recreation purposes, any land that is posted new text begin or marked
new text end under this subdivision without first obtaining permission of the owner, occupant, or lessee.
A person who violates this clause is subject to the penalty provided in section 97A.315,
subdivision 1, paragraph (b).

(b) The owner, occupant, or lessee of private land, or an authorized manager of public
land may prohibit outdoor recreation on the land by new text begin :
new text end

new text begin (1) new text end posting signs once each year that:

deleted text begin (1) deleted text end new text begin (i) new text end state "no trespassing" or similar terms;

deleted text begin (2) deleted text end new text begin (ii) new text end display letters at least two inches high;

deleted text begin (3) deleted text end new text begin (iii) new text end either:

deleted text begin (i) deleted text end new text begin (A) new text end are signed by the owner, occupant, lessee, or authorized manager; or

deleted text begin (ii) deleted text end new text begin (B) new text end include the legible name and telephone number of the owner, occupant, lessee,
or authorized manager; and

deleted text begin (4) deleted text end new text begin (iv) new text end either:

deleted text begin (i) deleted text end new text begin (A) new text end are at intervals of 1,000 feet or less along the boundary of the area, or in a wooded
area where boundary lines are not clear, at intervals of 500 feet or less; or

deleted text begin (ii) deleted text end new text begin (B) new text end mark the primary corners of each parcel of land and access roads and trails at
the point of entrance to each parcel of land except that corners only accessible through
agricultural land need not be posted deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) placing identifying purple paint marks on trees, posts, or other immovable, permanent
objects on the property, provided that the marks are:
new text end

new text begin (i) vertical lines of not less than eight inches in length and not less than one inch in
width;
new text end

new text begin (ii) placed so that the bottom of the mark is not less than three feet from the ground or
more than five feet from the ground; and
new text end

new text begin (iii) placed at locations that are readily visible to any person approaching the property
and no more than:
new text end

new text begin (A) 100 feet apart on forest land; or
new text end

new text begin (B) 1,000 feet apart on land other than forest land.
new text end

(c) A person may not erect a sign new text begin or place marks new text end that deleted text begin prohibits deleted text end new text begin prohibit new text end outdoor recreation
or trespassing where the person does not have a property right, title, or interest to use the
land.

Sec. 3.

Minnesota Statutes 2022, section 97B.001, subdivision 5, is amended to read:

Subd. 5.

Retrieving wounded game.

Except as provided in subdivision 3, a person on
foot may, without permission of the owner, occupant, or lessee, enter land that is not posted
new text begin or marked new text end under subdivision 4, to retrieve a wounded animal that was lawfully shot. The
hunter must leave the land immediately after retrieving the wounded game.

Sec. 4. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must renumber Minnesota Statutes, section 97B.001, subdivision
1a, as Minnesota Statutes, section 97B.001, subdivision 1c.
new text end