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SF 1440

as introduced - 90th Legislature (2017 - 2018) Posted on 02/28/2017 08:52am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; establishing forest management plan for Sand Dunes
State Forest; proposing coding for new law in Minnesota Statutes, chapter 89.

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

Section 1.

new text begin [89.026] SAND DUNES STATE FOREST MANAGEMENT PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Advisory group. new text end

new text begin The commissioner of natural resources must establish
a Sand Dunes State Forest Advisory Group made up of stakeholders, including township
and county officers or their designees and adjacent landowners, to advise the commissioner
on implementing the management requirements established in this section for Sand Dunes
State Forest. The advisory group must meet at least three times per year to review plans and
make recommendations to the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Management plan required. new text end

new text begin The commissioner of natural resources must
develop a plan and manage Sand Dunes State Forest consistent with the requirements of
this section.
new text end

new text begin Subd. 3. new text end

new text begin Forest management. new text end

new text begin When managing Sand Dunes State Forest, the
commissioner must:
new text end

new text begin (1) continue to increase the amount of shade-tolerant species throughout the forest so it
can be managed as a multiage forest, with priority given to areas around residences and
areas with high visibility;
new text end

new text begin (2) maintain forest diversity with mixed conifer and hardwood species;
new text end

new text begin (3) when clear-cutting for regeneration purposes, implement a technique consisting of
small, six- to ten-acre cuts spread over multiple years and scattered throughout the stand;
new text end

new text begin (4) reduce slash by including it as part of timber sales or, if the slash is not marketable,
requiring removal and disposal of the slash as part of the timber permit;
new text end

new text begin (5) when a timber harvest is anticipated to have a significant negative visual impact,
establish advanced regeneration before harvest;
new text end

new text begin (6) when a catastrophic event occurs, maintain goals of minimizing cut size and removing
slash;
new text end

new text begin (7) notify landowners and township officials of the use of any broadcast chemicals within
a quarter mile of their property at least one month before the use;
new text end

new text begin (8) encourage the use of mechanical site preparation techniques over the use of chemicals
and prohibit the use of any chemical that contains a label stating that the chemical can move
through sandy soils;
new text end

new text begin (9) ensure that trees planted with public funds are allowed to mature to their full economic
rotation age before harvesting if harvested for purposes of converting the forest to open
land;
new text end

new text begin (10) compensate the bond fund for any trees planted with money from the bond fund if
they are removed before their economic rotation age is reached; and
new text end

new text begin (11) continue to manage the Anoka Sand Plain Subsection with no changes to rotation
ages until the next Anoka Sand Plain Subsection planning process.
new text end

new text begin Subd. 4. new text end

new text begin Habitat and rare features management. new text end

new text begin When managing habitat and rare
features in Sand Dunes State Forest, the commissioner must:
new text end

new text begin (1) include the following in open habitats: lowlands, including wetlands, and uplands,
including prairie and savanna;
new text end

new text begin (2) include the following in forest habitats: conifer plantations, mixed pine and oak
forest, pure hardwood forest, and lowland forests;
new text end

new text begin (3) maintain open lowland habitats, enhance them where needed, and monitor the health
of species in greatest conservation need in the open lowland habitats;
new text end

new text begin (4) delineate the upland open habitats based on acreage goals agreed to by the Sand
Dunes State Forest Advisory Group without more than 20 percent of the forest being
dedicated to open landscape, with priority given to wetlands;
new text end

new text begin (5) establish mineral breaks where it is anticipated that fire will be used as a maintenance
tool and monitor these habitats for the health of species in greatest conservation need;
new text end

new text begin (6) manage forest habitats consistent with the requirements of subdivision 3 and monitor
the habitats for the health of species in greatest conservation need; and
new text end

new text begin (7) pursue consistent, long-term funding for ongoing maintenance of established rare
features practices.
new text end

new text begin Subd. 5. new text end

new text begin Prescribed burns. new text end

new text begin (a) The commissioner must receive approval from at least
90 percent of the residents within a quarter mile of a prescribed burn before conducting a
burn in Sand Dunes State Forest.
new text end

new text begin (b) Notwithstanding paragraph (a), if a resident located within a quarter mile of a
prescribed burn has a health condition that is aggravated by smoke and objects to the burn,
the commissioner must not conduct the prescribed burn. The health condition must be
documented by a physician.
new text end

new text begin Subd. 6. new text end

new text begin Roads. new text end

new text begin (a) The commissioner must continue to explore opportunities that avoid
and reduce the use of township roads by heavy vehicles.
new text end

new text begin (b) The commissioner must pursue funding for township road projects when roads are
adjacent to Sand Dunes State Forest, to assist the township in upgrading the road to meet
higher weight standards.
new text end

new text begin (c) The commissioner must ensure dust abatement methods are implemented that are
consistent with forest certification requirements.
new text end

new text begin Subd. 7. new text end

new text begin Recreation. new text end

new text begin (a) The commissioner may only remove a tree at a campground
when the tree:
new text end

new text begin (1) is mature or needs to be removed as part of a conifer thinning;
new text end

new text begin (2) needs to be removed because of disease or pest management or poor health; or
new text end

new text begin (3) presents a hazard to the public.
new text end

new text begin (b) The commissioner must ensure recreation opportunities are dispersed throughout
Sand Dunes State Forest.
new text end

new text begin Subd. 8. new text end

new text begin Fire protection. new text end

new text begin The commissioner must work to prevent wildfires in Sand
Dunes State Forest and the surrounding area by:
new text end

new text begin (1) maintaining fire breaks throughout the forest;
new text end

new text begin (2) actively thinning trees to prevent crown-to-crown spread;
new text end

new text begin (3) pruning trees along trails and roads to increase accessibility and eliminate ladder
fuels;
new text end

new text begin (4) reducing slash residue from logging operations;
new text end

new text begin (5) maintaining consistent, early fire detection through the use of fire towers, aerial
detection, and other technology; and
new text end

new text begin (6) working with adjacent landowners upon request to implement strategies identified
by the National Fire Protection Association as part of the Firewise Communities Program.
new text end

new text begin Subd. 9. new text end

new text begin Trust lands. new text end

new text begin The commissioner must reduce the overall trust obligations of
Sand Dunes State Forest. The commissioner must:
new text end

new text begin (1) manage timber on lands with trust obligations for economic return;
new text end

new text begin (2) not exchange land in Sand Dunes State Forest for lands outside the forest that have
a trust obligation;
new text end

new text begin (3) provide public notice and the opportunity for public comment before exchanging
land in Sand Dunes State Forest for lands in the forest that have a trust obligation; and
new text end

new text begin (4) pursue funding from the outdoor heritage fund and other sources to buy out trust
obligations on lands within the forest.
new text end

new text begin Subd. 10. new text end

new text begin Public involvement. new text end

new text begin (a) The commissioner must provide notice and seek
public input as required under existing law as well as provide additional opportunities for
the public to become informed and provide input on timber sales, burn plans, proposed
chemical use, required changes in management direction, and subsection planning processes.
new text end

new text begin (b) The commissioner must notify the public of how management decisions affecting
Sand Dunes State Forest may be appealed.
new text end

new text begin Subd. 11. new text end

new text begin Report. new text end

new text begin By January 15, 2036, the commissioner must submit a report to the
chairs and ranking minority members of the house of representatives and senate committees
and divisions with jurisdiction over the environment and natural resources that includes:
new text end

new text begin (1) a review of requirements of this section and the results achieved, including:
new text end

new text begin (i) rare features management outcomes, including costs, ability to meet population goals,
and coordination with staff of the Sherburne National Wildlife Refuge; and
new text end

new text begin (ii) forest management outcomes, including timber harvest, regeneration goals, and
insect and disease status;
new text end

new text begin (2) the status of trust obligations;
new text end

new text begin (3) a review of rare features goals in the Anoka Sand Plain Subsection and the outcomes
achieved with money from the outdoor heritage fund;
new text end

new text begin (4) a review of state policies concerning climate change and progress toward achieving
the goals; and
new text end

new text begin (5) an assessment of the Sand Dunes State Forest Advisory Group and recommendations
on whether the advisory group should be continued.
new text end

new text begin Subd. 12. new text end

new text begin Sunset. new text end

new text begin This section expires January 1, 2037.
new text end