SF 2040

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying off-highway vehicle provisions;
requiring designation of state forest traditional areas; providing exemptions from
rulemaking; amending Minnesota Statutes 2006, section 84.777; Laws 2003,
chapter 128, article 1, section 167, subdivision 1, as amended; proposing coding
for new law in Minnesota Statutes, chapter 89.

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

Section 1.

Minnesota Statutes 2006, section 84.777, is amended to read:

84.777 OFF-HIGHWAY VEHICLE USE OF STATE LANDS RESTRICTED.

new text begin Subdivision 1. new text end

new text begin Designated trails. new text end

(a) Except as otherwise allowed by law or rules
adopted by the commissioner, effective June 1, 2003, notwithstanding sections 84.787
to 84.805 and 84.92 to 84.929, the use of off-highway vehicles is prohibited on state
land administered by the commissioner of natural resources, and on county-administered
forest land within the boundaries of a state forest, except on roads and trails specifically
designated and posted by the commissioner for use by off-highway vehicles.

(b) Paragraph (a) does not apply to county-administered land within a state forest if
the county board adopts a resolution that modifies restrictions on the use of off-highway
vehicles on county-administered land within the forest.

new text begin Subd. 2. new text end

new text begin Off-highway vehicle seasons. new text end

new text begin (a) The commissioner shall prescribe
seasons for off-highway vehicle use on state forest lands. Except for designated forest
roads, a person must not operate an off-highway vehicle on state forest lands outside of
the season prescribed under this paragraph.
new text end

new text begin (b) The commissioner may designate and post winter trails on state forest lands
for use by off-highway vehicles.
new text end

new text begin (c) For the purposes of this subdivision, "state forest lands" means forest lands under
the authority of the commissioner as defined in section 89.001, subdivision 13, and lands
managed by the commissioner under section 282.011.
new text end

new text begin Subd. 3. new text end

new text begin Mapped trails. new text end

new text begin Except as provided in sections 84.926 and 84.928,
effective December 31, 2010, a person must not operate an off-highway vehicle on state
land that is not mapped for the type of off-highway vehicle.
new text end

new text begin Subd. 4. new text end

new text begin Exemption from rulemaking. new text end

new text begin Determinations of the commissioner under
this section may be by written order published in the State Register and are exempt from
the rulemaking provisions of chapter 14. Section 14.386 does not apply.
new text end

Sec. 2.

new text begin [89.0212] STATE FOREST TRADITIONAL AREAS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "state forest traditional
area" or "traditional area" means the portion of a state forest dedicated to traditional
uses, including but not limited to logging, hunting, trapping, fishing, wildlife watching,
snowmobiling, hiking, biking, canoeing, and berry picking.
new text end

new text begin Subd. 2. new text end

new text begin Designation. new text end

new text begin By December 31, 2008, the commissioner shall designate
state forest traditional areas.
new text end

new text begin Subd. 3. new text end

new text begin Vehicle restrictions. new text end

new text begin Within a state forest traditional area:
new text end

new text begin (1) no off-highway vehicles, as defined under section 84.771, are allowed off of
state forest roads;
new text end

new text begin (2) no trails for off-highway vehicles, as defined under section 84.771, are allowed;
and
new text end

new text begin (3) no hunting or trapping using an off-highway vehicle is allowed.
new text end

new text begin These restrictions are subject to exception by permit under section 84.926, subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Exemption from rulemaking. new text end

new text begin Determinations of the commissioner under
this section may be by written order published in the State Register and are exempt from
the rulemaking provisions of chapter 14. Section 14.386 does not apply.
new text end

Sec. 3.

Laws 2003, chapter 128, article 1, section 167, subdivision 1, as amended by
Laws 2005, First Special Session chapter 1, article 2, section 152, is amended to read:

Subdivision 1.

Forest classification status review.

(a) By December 31, 2006, the
commissioner of natural resources shall complete a review of the forest classification status
of all state forests classified as managed or limited, all forest lands under the authority of
the commissioner as defined in Minnesota Statutes, section 89.001, subdivision 13, and
lands managed by the commissioner under Minnesota Statutes, section 282.011. The
review must be conducted on a forest-by-forest and area-by-area basis in accordance with
the process and criteria under Minnesota Rules, part 6100.1950. Except as provided in
paragraph (d), after each forest is reviewed, the commissioner must change deleted text begin its deleted text end new text begin the new text end status
new text begin of the lands within each forest new text end to limited or closed deleted text begin , and deleted text end new text begin . The commissioner may classify
portions of a limited forest as closed. The commissioner new text end must new text begin also new text end provide a similar
status for each of the other areas subject to review under this section after each individual
review is completed.

(b) If the commissioner determines on January 1, 2005, that the review required
under this section cannot be completed by December 31, 2006, the completion date for the
review shall be extended to December 31, 2008. By January 15, 2005, the commissioner
shall report to the chairs of the legislative committees with jurisdiction over natural
resources policy and finance regarding the status of the process required by this section.

(c) Until December 31, 2010, the state forests and areas subject to review under this
section are exempt from Minnesota Statutes, section 84.777, unless an individual forest or
area has been classified as limited or closed.

(d) Notwithstanding the restrictions in paragraph (a), and Minnesota Statutes,
section 84.777, new text begin subdivision 1, new text end all forest lands under the authority of the commissioner as
defined in Minnesota Statutes, section 89.001, subdivision 13, and lands managed by the
commissioner under Minnesota Statutes, section 282.011, that are north of U.S. Highway
2 shall maintain their present classification unless the commissioner reclassifies the lands
under Minnesota Rules, part 6100.1950. The commissioner shall provide for seasonal
trail closures when conditions warrant them. By December 31, 2008, the commissioner
shall complete the review and designate trails on forest lands north of Highway 2 as
provided in this section.