Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992
CHAPTER 500-S.F.No. 512
An act relating to agriculture; regulating noxious
weeds; changing eligibility for agricultural chemical
response compensation; imposing penalties; amending
Minnesota Statutes 1990, section 18E.02, subdivision
5; proposing coding for new law in Minnesota Statutes,
chapter 18; repealing Minnesota Statutes 1990,
sections 18.171 to 18.189; 18.192; 18.201; 18.211 to
18.315; and 18.321 to 18.323; Minnesota Statutes 1991
Supplement, section 18.191.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [18.75] [PURPOSE.]
It is the policy of the legislature that residents of the
state be protected from the injurious effects of noxious weeds
on public health, the environment, public roads, crops,
livestock, and other property. Sections 2 to 14 contain
procedures for controlling and eradicating noxious weeds on all
lands within the state.
Sec. 2. [18.76] [CITATION.]
Sections 2 to 14 may be cited as the "Minnesota noxious
weed law."
Sec. 3. [18.77] [DEFINITIONS.]
Subdivision 1. [SCOPE.] The definitions in this section
apply to sections 2 to 14.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of agriculture or the authorized agents of the
commissioner.
Subd. 3. [CONTROL.] "Control" means to destroy the
aboveground growth of noxious weeds by a lawful method that
prevents the maturation and spread of noxious weed propagating
parts from one area to another.
Subd. 4. [ERADICATE.] "Eradicate" means to destroy the
aboveground growth and the roots of noxious weeds by a lawful
method that prevents the maturation and spread of noxious weed
propagating parts from one area to another.
Subd. 5. [GROWING CROP.] "Growing crop" means an
agricultural, horticultural, or forest crop that has been
planted or regularly maintained and intended for harvest.
Subd. 6. [LAND.] "Land" means a parcel or tract of real
estate including wetlands and public waters but not including
buildings unless they are a place of business and open to the
general public.
Subd. 7. [MUNICIPALITY.] "Municipality" means a home rule
charter or statutory city or a township.
Subd. 8. [NOXIOUS WEED.] "Noxious weed" means an annual,
biennial, or perennial plant that the commissioner designates to
be injurious to public health, the environment, public roads,
crops, livestock, or other property.
Subd. 9. [OCCUPANT.] "Occupant" means a person who uses
land as a principal residence or who leases land or both.
Subd. 10. [PERMANENT PASTURE, HAY MEADOW, WOODLOT, AND
OTHER NONCROP AREA.] "Permanent pasture, hay meadow, woodlot,
and other noncrop area" means an area of predominantly native or
seeded perennial plants that can be used for grazing or hay
purposes but is not harvested on a regular basis and is not
considered to be a growing crop.
Subd. 11. [PERSON.] "Person" means an individual,
partnership, corporation, society, association, firm, public
agency, or an agent for one of those entities.
Subd. 12. [PROPAGATING PARTS.] "Propagating parts" means
plant parts, including seeds, that are capable of producing new
plants.
Sec. 4. [18.78] [CONTROL OR ERADICATION OF NOXIOUS WEEDS.]
Subdivision 1. [GENERALLY.] Except as provided in section
11, a person owning land, a person occupying land, or a person
responsible for the maintenance of public land shall control or
eradicate all noxious weeds on the land at a time and in a
manner ordered by the commissioner, the county agricultural
inspector, or a local weed inspector.
Subd. 2. [CONTROL OF PURPLE LOOSESTRIFE.] An owner of
nonfederal lands underlying public waters or wetlands designated
under section 103G.201 is not required to control or eradicate
purple loosestrife below the ordinary high water level of the
public water or wetland. The commissioner of natural resources
is responsible for control and eradication of purple loosestrife
on public waters and wetlands designated under section 103G.201,
except those located upon lands owned in fee title or managed by
the United States. The officers, employees, agents, and
contractors of the commissioner of natural resources may enter
upon public waters and wetlands designated under section
103G.201 and, after providing notification to the occupant or
owner of the land, may cross adjacent lands as necessary for the
purpose of investigating purple loosestrife infestations,
formulating methods of eradication, and implementing control and
eradication of purple loosestrife. The commissioner, after
consultation with the commissioner of agriculture, shall, by
June 1 of each year, compile a priority list of purple
loosestrife infestations to be controlled in designated public
waters. The commissioner of agriculture must distribute the
list to county agricultural inspectors, local weed inspectors,
and their appointed agents. The commissioner of natural
resources shall control listed purple loosestrife infestations
in priority order within the limits of appropriations provided
for that purpose. This procedure shall be the exclusive means
for control of purple loosestrife on designated public waters by
the commissioner of natural resources and shall supersede the
other provisions for control of noxious weeds set forth
elsewhere in chapter 18. The responsibility of the commissioner
of natural resources to control and eradicate purple loosestrife
on public waters and wetlands located on private lands and the
authority to enter upon private lands ends ten days after
receipt by the commissioner of a written statement from the
landowner that the landowner assumes all responsibility for
control and eradication of purple loosestrife under sections 4
to 14. State officers, employees, agents, and contractors of
the commissioner of natural resources are not liable in a civil
action for trespass committed in the discharge of their duties
under this section and are not liable to anyone for damages,
except for damages arising from gross negligence.
Sec. 5. [18.79] [DUTIES OF THE COMMISSIONER.]
Subdivision 1. [ENFORCEMENT.] The commissioner of
agriculture shall administer and enforce sections 2 to 14.
Subd. 2. [AUTHORIZED AGENTS.] The commissioner shall
authorize department of agriculture personnel and may authorize,
in writing, county agricultural inspectors to act as agents in
the administration and enforcement of sections 2 to 14.
Subd. 3. [ENTRY UPON LAND.] To administer and enforce
sections 2 to 14, the commissioner, authorized agents of the
commissioner, county agricultural inspectors, and local weed
inspectors may enter upon land without consent of the owner and
without being subject to an action for trespass or any damages.
Subd. 4. [RULES.] The commissioner may adopt necessary
rules under chapter 14 for the proper enforcement of sections 2
to 14.
Subd. 5. [ORDER FOR CONTROL OR ERADICATION OF NOXIOUS
WEEDS.] The commissioner, a county agricultural inspector, or a
local weed inspector may order the control or eradication of
noxious weeds on any land within the state.
Subd. 6. [EDUCATIONAL PROGRAMS FOR CONTROL OR ERADICATION
OF NOXIOUS WEEDS.] The commissioner shall conduct education
programs considered necessary for weed inspectors in the
enforcement of the noxious weed law. The director of the
Minnesota extension service may conduct educational programs for
the general public that will aid compliance with the noxious
weed law.
Subd. 7. [MEETINGS AND REPORTS.] The commissioner shall
designate by rule the reports that are required to be made and
the meetings that must be attended by weed inspectors.
Subd. 8. [PRESCRIBED FORMS.] The commissioner shall
prescribe the forms to be used by weed inspectors in the
enforcement of sections 2 to 14.
Subd. 9. [INJUNCTION.] If the commissioner applies to a
court for a temporary or permanent injunction restraining a
person from violating or continuing to violate sections 2 to 14,
the injunction may be issued without requiring a bond.
Subd. 10. [PROSECUTION.] On finding that a person has
violated sections 2 to 14, the commissioner may start court
proceedings in the locality in which the violation occurred.
The county attorney may prosecute actions under sections 2 to 14
within his or her jurisdiction.
Subd. 11. [QUARANTINE.] The commissioner may establish a
noxious weed quarantine according to section 11 and may hire
additional employees and purchase the necessary equipment,
supplies, or services to properly carry out the eradication of
noxious weeds on quarantined land.
Sec. 6. [18.80] [INSPECTORS; EXPENSES.]
Subdivision 1. [COUNTY AGRICULTURAL INSPECTORS.] The
county board shall appoint one or more county agricultural
inspectors that meet the qualifications prescribed by rule. The
appointment must be for a period of time which is sufficient to
accomplish the duties assigned to this position. A notice of
the appointment must be delivered to the commissioner within ten
days of the appointment and it must establish the initial number
of hours to be worked annually.
Subd. 2. [LOCAL WEED INSPECTORS.] The supervisors of each
town board and the mayor of each city shall act as local weed
inspectors within their respective municipalities.
Subd. 3. [ASSISTANT WEED INSPECTORS.] A municipality may
appoint one or more assistants to act on behalf of the
appointing authority as a weed inspector for the municipality.
The appointed assistant or assistants have the power, authority,
and responsibility of the town board members or the city mayor
in the capacity of weed inspector.
Sec. 7. [18.81] [DUTIES OF INSPECTORS.]
Subdivision 1. [COUNTY AGRICULTURAL INSPECTORS.] It is the
duty of county agricultural inspectors:
(1) to see that sections 2 to 14 and rules adopted under
those sections are carried out within their jurisdiction;
(2) to see that sections 21.80 to 21.92 and rules adopted
under those sections are carried out within their jurisdiction;
(3) to see that sections 21.71 to 21.78 and rules adopted
under those sections are carried out within their jurisdiction;
(4) to participate in the control programs for feed,
fertilizer, pesticide, and insect pests when requested, in
writing, to do so by the commissioner;
(5) to participate in other agricultural programs under the
control of the commissioner when requested to do so, subject to
veto by the county board;
(6) to administer the distribution of funds allocated by
the county board to the county agricultural inspector for
noxious weed control and eradication within the county;
(7) to submit reports and attend meetings that the
commissioner requires; and
(8) to publish a general weed notice of the legal duty to
control noxious weeds in one or more legal newspapers of general
circulation throughout the county.
Subd. 2. [LOCAL WEED INSPECTORS.] Local weed inspectors
shall:
(1) examine all lands, including highways, roads, alleys,
and public ground in the territory over which their jurisdiction
extends to ascertain if section 4 and related rules have been
complied with;
(2) see that the control or eradication of noxious weeds is
carried out in accordance with section 9 and related rules;
(3) issue permits in accordance with section 8 and related
rules for the transportation of materials or equipment infested
with noxious weed propagating parts; and
(4) submit reports and attend meetings that the
commissioner requires.
Subd. 3. [NONPERFORMANCE BY INSPECTORS; REIMBURSEMENT FOR
EXPENSES.] (a) If local weed inspectors neglect or fail to do
their duty as prescribed in this section, the commissioner shall
issue a notice to the inspector providing instructions on how
and when to do their duty. If, after the time allowed in the
notice, the local weed inspector has not complied as directed,
the county agricultural inspector may perform the duty for the
local weed inspector. A claim for the expense of doing the
local weed inspector's duty is a legal charge against the
municipality in which the inspector has jurisdiction. The
county agricultural inspector doing the work may file an
itemized statement of costs with the clerk of the municipality
in which the work was performed. The municipality shall
immediately issue proper warrants to the county for the work
performed. If the municipality fails to issue the warrants, the
county auditor may include the amount contained in the itemized
statement of costs as part of the next annual tax levy in the
municipality and withhold that amount from the municipality in
making its next apportionment.
(b) If a county agricultural inspector fails to perform the
duties as prescribed in this section, the commissioner shall
issue a notice to the inspector providing instructions on how
and when to do that duty.
(c) The commissioner shall by rule establish procedures to
carry out the enforcement actions for nonperformance required by
this subdivision.
Sec. 8. [18.82] [TRANSPORTATION OF NOXIOUS WEED
PROPAGATING PARTS IN INFESTED MATERIAL OR EQUIPMENT.]
Subdivision 1. [PERMITS.] Except as provided in section
21.74, if a person wants to transport along a public highway
materials or equipment containing the propagating parts of weeds
designated as noxious by the commissioner, the person must
secure a written permit for transportation of the material or
equipment from a local weed inspector or county agricultural
inspector. Inspectors may issue permits to persons residing or
operating within their jurisdiction. If the noxious weed
propagating parts are removed from materials and equipment or
devitalized before being transported, a permit is not needed.
Subd. 2. [CONDITIONS OF PERMIT ISSUANCE.] The following
conditions must be met before a permit under subdivision 1 may
be issued:
(1) any material or equipment containing noxious weed
propagating parts that is about to be transported along a public
highway must be in a container that is sufficiently tight and
closed or otherwise covered to prevent the blowing or scattering
of the material along the highway or on other lands or water;
and
(2) the destination for unloading and the use of the
material or equipment containing noxious weed propagating parts
must be stated on the permit along with the method that will be
used to destroy the viability of the propagating parts and
thereby prevent their being dumped or scattered upon land or
water.
Subd. 3. [DURATION OF PERMIT; REVOCATION.] A permit under
subdivision 1 is valid for up to one year after the date it is
issued unless otherwise specified by the weed inspector issuing
the permit. The permit may be revoked if a county agricultural
inspector or local weed inspector determines that the applicant
has not complied with this section.
Sec. 9. [18.83] [CONTROLLING OR ERADICATING NOXIOUS WEEDS;
NOTICES; EXPENSES.]
Subdivision 1. [GENERAL WEED NOTICE.] A general notice for
noxious weed control or eradication must be published on or
before May 15 of each year and at other times the commissioner
directs. Failure of the county agricultural weed inspector to
publish the general notice does not relieve a person from the
necessity of full compliance with sections 2 to 14 and related
rules. The published notice is legal and sufficient notice when
an individual notice cannot be served.
Subd. 2. [INDIVIDUAL NOTICE.] A weed inspector may find it
necessary to secure more prompt or definite control or
eradication of noxious weeds than is accomplished by the
published general notice. In these special or individual
instances, involving one or a limited number of persons, the
weed inspector having jurisdiction shall serve individual
notices in writing upon the person who owns the land and the
person who occupies the land, or the person responsible for or
charged with the maintenance of public land, giving specific
instructions on when and how named noxious weeds are to be
controlled or eradicated. Individual notices provided for in
this section must be served in the same manner as a summons in a
civil action in the district court or by certified mail.
Service on a person living temporarily or permanently outside of
the weed inspector's jurisdiction may be made by sending the
notice by certified mail to the last known address of the
person, to be ascertained, if necessary, from the last tax list
in the county treasurer's office.
Subd. 3. [APPEAL OF INDIVIDUAL NOTICE; APPEAL
COMMITTEE.] (1) A recipient of an individual notice may appeal,
in writing, the order for control or eradication of noxious
weeds. This appeal must be filed with a member of the appeal
committee in the county where the land is located within two
working days of the time the notice is received. The committee
must inspect the land specified in the notice and report back to
the recipient and the inspector who issued the notice within
five working days, either agreeing, disagreeing, or revising the
order. The decision may be appealed in district court. If the
committee agrees or revises the order, the control or
eradication specified in the order, as approved or revised by
the committee, may be carried out.
(2) The county board of commissioners shall appoint members
of the appeal committee. The membership must include a county
commissioner or municipal official and a landowner residing in
the county. The expenses of the members may be reimbursed by
the county upon submission of an itemized statement to the
county auditor.
Subd. 4. [CONTROL OR ERADICATION BY INSPECTOR.] If a
person does not comply with an individual notice served on the
person or an individual notice cannot be served, the weed
inspector having jurisdiction shall have the noxious weeds
controlled or eradicated within the time and in the manner the
weed inspector designates.
Subd. 5. [CONTROL OR ERADICATION BY INSPECTOR IN GROWING
CROP.] A weed inspector may consider it necessary to control or
eradicate noxious weeds along with all or a part of a growing
crop to prevent the maturation and spread of noxious weeds
within the inspector's jurisdiction. If this situation exists,
the weed inspector may have the noxious weeds controlled or
eradicated together with the crop after the appeal committee has
reviewed the matter as outlined in subdivision 3 and reported
back agreement with the order.
Subd. 6. [AUTHORIZATION FOR PERSON HIRED TO ENTER UPON
LAND.] The weed inspector may hire a person to control or
eradicate noxious weeds if the person who owns the land, the
person who occupies the land, or the person responsible for the
maintenance of public land has failed to comply with an
individual notice or with the published general notice when an
individual notice cannot be served. The person hired must have
authorization, in writing, from the weed inspector to enter upon
the land.
Subd. 7. [EXPENSES; REIMBURSEMENTS.] A claim for the
expense of controlling or eradicating noxious weeds, which may
include the costs of serving notices, is a legal charge against
the county in which the land is located. The officers having
the work done must file with the county auditor a verified and
itemized statement of cost for all services rendered on each
separate tract or lot of land. The county auditor shall
immediately issue proper warrants to the persons named on the
statement as having rendered services. To reimburse the county
for its expenditure in this regard, the county auditor shall
certify the total amount due and, unless an appeal is made in
accordance with section 10, enter it on the tax roll as a tax
upon the land and it must be collected as other real estate
taxes are collected.
If public land is involved, the amount due must be paid
from funds provided for maintenance of the land or from the
general revenue or operating fund of the agency responsible for
the land. Each claim for control or eradication of noxious
weeds on public lands must first be approved by the commissioner
of agriculture.
Sec. 10. [18.84] [LIABILITY; APPEALS.]
Subdivision 1. [COUNTIES AND MUNICIPALITIES.] Counties and
municipalities are not liable for damages from the noxious weed
control program for actions conducted in accordance with
sections 2 to 14.
Subd. 2. [APPEAL TO COUNTY BOARD.] A person who is ordered
to control noxious weeds under sections 2 to 14 and is charged
for noxious weed control may appeal the cost of noxious weed
control to the county board of the county where the noxious weed
control measures were undertaken within 30 days after being
charged. The county board shall determine the amount and
approve the charge and filing of a lien against the property if
it determines that the owner, or occupant if other than the
owner, responsible for controlling noxious weeds did not comply
with the order of the inspector.
Subd. 3. [COURT APPEAL OF COSTS; PETITION.] (a) A
landowner who has appealed the cost of noxious weed control
measures under subdivision 2 may petition for judicial review.
The petition must be filed within 30 days after the conclusion
of the hearing before the county board. The petition must be
filed with the court administrator in the county in which the
land where the noxious weed control measures were undertaken is
located, together with proof of service of a copy of the
petition on the commissioner and the county auditor. No
responsive pleadings may be required of the commissioner or the
county, and no court fees may be charged for the appearance of
the commissioner or the county in this matter.
(b) The petition must be captioned in the name of the
person making the petition as petitioner and the commissioner of
agriculture and respective county as respondents. The petition
must include the petitioner's name, the legal description of the
land involved, a copy of the notice to control noxious weeds,
and the date or dates on which appealed control measures were
undertaken.
(c) The petition must state with specificity the grounds
upon which the petitioner seeks to avoid the imposition of a
lien for the cost of noxious weed control measures.
Subd. 4. [HEARING.] (a) A hearing under subdivisions 3 to
5 must be held at the earliest practicable date, and in no event
later than 90 days following the filing of the petition of
objection. The hearing must be before a district judge in the
county in which the land where the noxious weed control measures
were undertaken is located, and must be conducted in accordance
with the district court rules of civil procedure.
(b) The court shall either order that a lien representing
part or all of the costs for noxious weed control measures be
imposed against the land or that the landowner be relieved of
responsibility for payment of noxious weed control measures
undertaken.
Subd. 5. [FURTHER APPEAL.] A party aggrieved by the
decision of the reviewing court may appeal the decision as
provided in the rules of appellate procedure.
Sec. 11. [18.85] [NOXIOUS WEED QUARANTINE.]
Subdivision 1. [NEED FOR QUARANTINE.] If there is an
infestation of noxious weeds beyond the ability of the person
who owns or occupies the land to eradicate it, the commissioner
may, upon request of the person who owns the land or on the
commissioner's own initiative, take necessary steps to prevent
the further spread of the weed. To this end, the commissioner
may quarantine a tract of land that is infested and put into
operation the necessary means for the eradication of the weed;
provided that the county and municipality in which the land is
located must approve of the quarantine before it can be
initiated.
Subd. 2. [NOTICE OF QUARANTINE.] The commissioner, upon
entering a tract of land for the purpose of this section, shall
notify in writing the persons who own or occupy the land of the
entry and quarantine. If the necessary means of eradication
have been completed, the commissioner shall notify, in writing,
the persons who own or occupy the land that the quarantine
effort is complete.
Subd. 3. [EXPENSES.] The expenses for eradication of
noxious weeds on quarantined land must be paid by the
commissioner from the funds provided for this purpose.
Counties, municipalities, and owners or occupants must
reimburse the commissioner before January 1 of each year. The
county shall pay 20 percent of the expenses, the municipality
shall pay ten percent, and the owner or occupant shall pay ten
percent.
Sec. 12. [18.86] [UNLAWFUL ACTS.]
No person may:
(1) hinder or obstruct in any way the commissioner, the
commissioner's authorized agents, county agricultural
inspectors, or local weed inspectors in the performance of their
duties as provided in sections 2 to 14 or related rules;
(2) neglect, fail, or refuse to comply with section 8 or
related rules in the transportation and use of material or
equipment infested with noxious weed propagating parts;
(3) sell material containing noxious weed propagating parts
to a person who does not have a permit to transport that
material or to a person who does not have a screenings permit
issued in accordance with section 21.74; or
(4) neglect, fail, or refuse to comply with a general
notice or an individual notice to control or eradicate noxious
weeds.
Sec. 13. [18.87] [PENALTY.]
A violation of section 12 or a rule adopted under that
section is a misdemeanor. County agricultural inspectors, local
weed inspectors, or their appointed assistants are not subject
to the penalties of this section for failure, neglect, or
refusal to perform duties imposed on them by sections 2 to 14.
Sec. 14. [18.88] [NOXIOUS WEED PROGRAM FUNDING.]
Subdivision 1. [COUNTY.] The county board shall pay, from
the general revenue or other fund for the county, the expenses
for the county agricultural inspector position, for noxious weed
control or eradication on all land owned by the county or on
land that the county is responsible for the maintenance of, for
the expenses of the appeal committee, and for necessary expenses
as required for quarantines within the county.
Subd. 2. [MUNICIPALITY.] The municipality shall pay, from
the general revenue or other fund for the municipality, the
necessary expenses of the local weed inspector in the
performance of duties required for quarantines within the
municipality, and for noxious weed control or eradication on
land owned by the municipality or on land for which the
municipality is responsible for its maintenance.
Sec. 15. Minnesota Statutes 1990, section 18E.02,
subdivision 5, is amended to read:
Subd. 5. [ELIGIBLE PERSON.] "Eligible person" means:
(1) a responsible party or an owner of real property, but
does not include the state, a state agency, a political
subdivision of the state, except as provided in clause (2), the
federal government, or an agency of the federal government.; or
(2) the owners of municipal airports at Perham, Madison,
and Hector, Minnesota where a licensed aerial pesticide
applicator has caused an incident through storage, handling, or
distribution operations for agricultural chemicals if (i) the
commissioner has determined that corrective action is necessary
and (ii) the commissioner determines, and the agricultural
chemical response compensation board concurs, that based on an
affirmative showing made by the owner, a responsible party
cannot be identified or the identified responsible party is
unable to comply with an order for corrective action.
The commissioner and the agricultural chemical response
compensation board must study and report to the legislative
water commission by January, 1994 the effect on the agricultural
chemical response and reimbursement account of including other
owners of municipal airports as eligible persons under chapter
18E.
Sec. 16. [REPEALER.]
Minnesota Statutes 1990, sections 18.171; 18.181; 18.182;
18.189; 18.192; 18.201; 18.211; 18.221; 18.231; 18.241; 18.251;
18.261; 18.271; 18.272; 18.281; 18.291; 18.301; 18.311; 18.312;
18.315; 18.321; 18.322; and 18.323; and Minnesota Statutes 1991
Supplement, section 18.191, are repealed.
Sec. 17. [EFFECTIVE DATE.]
Sections 1 to 16 are effective January 1, 1993.
Presented to the governor April 17, 1992
Signed by the governor April 23, 1992, 11:47 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes