Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 221-S.F.No. 2472
An act relating to natural resources; providing for
certain rulemaking exemptions; granting authorities to
the commissioner of natural resources; authorizing
fees; modifying civil penalties; amending Minnesota
Statutes 2002, sections 83A.02; 84.027, by adding a
subdivision; 84.029, by adding a subdivision; 84.033;
84.0855, by adding a subdivision; 84.791, subdivision
2, by adding a subdivision; 84.86, subdivision 1;
84.8712, subdivision 2; 84.925, subdivision 1, by
adding a subdivision; 84D.13, subdivision 5; 85.052,
subdivisions 1, 2, by adding subdivisions; 85.055,
subdivision 1a; 85.22, subdivision 3; 86A.05,
subdivision 5; 86A.07, subdivision 3; 86A.21; 86B.321,
subdivision 2; 86B.521, by adding a subdivision;
88.79, by adding a subdivision; 89.012; 89.018,
subdivisions 1, 2, by adding a subdivision; 89.19;
89.21; 89.37, by adding a subdivision; 89.53,
subdivision 1; 89.71, subdivision 1; 97A.101,
subdivision 2; 97A.133, subdivision 3; 97A.135,
subdivision 1; 97A.145, subdivision 1; 97B.015, by
adding a subdivision; 97B.025; 103G.223; 103I.601,
subdivision 3; 282.01, subdivision 3; Minnesota
Statutes 2003 Supplement, sections 84.029, subdivision
1; 84.775, subdivision 1; 84.780.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 83A.02, is
amended to read:
83A.02 [POWERS AND DUTIES.]
The commissioner of natural resources shall:
(1) determine the correct and most appropriate names of the
lakes, streams, places and other geographic features in the
state, and the spelling thereof by written order published in
the State Register. Name designations are exempt from the
rulemaking provisions of chapter 14 and section 14.386 does not
apply;
(2) pass upon and give names to lakes, streams, places, and
other geographic features in the state for which no single,
generally accepted name has been in use;
(3) in cooperation with the county boards and with their
approval, change the names of lakes, streams, places, and other
geographic features, with the end in view of eliminating, as far
as possible, duplication of names within the state;
(4) prepare and publish an official state dictionary of
geographic names and publish the same, either as a completed
whole or in parts, when ready;
(5) serve as the state representative of the United States
Geographic Board and cooperate with that board to the end that
there shall be no conflict between the state and federal
designations of geographic features in the state.
Sec. 2. Minnesota Statutes 2002, section 84.027, is
amended by adding a subdivision to read:
Subd. 16. [COMMISSIONER TO ADMINISTER GRANTS
PROGRAMS.] Unless otherwise specified by law, the commissioner
may establish the procedures and criteria for selection of
projects funded through authorized grants and research
programs. Procedures and criteria for selection are not subject
to the rulemaking provisions of chapter 14 and section 14.386
does not apply.
Sec. 3. Minnesota Statutes 2003 Supplement, section
84.029, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT, DEVELOPMENT, MAINTENANCE
AND OPERATION.] In addition to other lawful authority, the
commissioner of natural resources may establish, develop,
maintain, and operate recreational areas, including but not
limited to trails and canoe routes, for the use and enjoyment of
the public on any state-owned or leased land under the
commissioner's jurisdiction. The commissioner may employ and
designate individuals according to section 85.04 to enforce laws
governing the use of recreational areas. The commissioner may
establish the recreational areas by written order published in
the State Register.
Sec. 4. Minnesota Statutes 2002, section 84.029, is
amended by adding a subdivision to read:
Subd. 3. [RULEMAKING EXEMPTION.] Authority exercised by
the commissioner according to this section is exempt from the
rulemaking provisions of chapter 14 and section 14.386.
Sec. 5. Minnesota Statutes 2002, section 84.033, is
amended to read:
84.033 [SCIENTIFIC AND NATURAL AREAS.]
The commissioner of natural resources may acquire by gift,
lease, easement, or purchase, in the manner prescribed under
chapter 117, in the name of the state, lands or any interest in
lands suitable and desirable for establishing and maintaining
scientific and natural areas. The commissioner shall designate
any land so acquired as a scientific and natural area by written
order published in the State Register and shall administer any
land so acquired and designated as provided by section
86A.05. Designations of scientific and natural areas are exempt
from the rulemaking provisions of chapter 14 and section 14.386
does not apply.
Sec. 6. Minnesota Statutes 2002, section 84.0855, is
amended by adding a subdivision to read:
Subd. 3. [EXEMPTION FROM RULEMAKING AND LEGISLATIVE
APPROVAL.] A fee charged under this section is not subject to
the rulemaking provisions of chapter 14 and section 14.386 does
not apply. The commissioner may establish fees under this
section notwithstanding section 16A.1283.
Sec. 7. Minnesota Statutes 2003 Supplement, section
84.775, subdivision 1, is amended to read:
Subdivision 1. [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A
conservation officer or other licensed peace officer may issue a
civil citation to a person who operates:
(1) an off-highway motorcycle in violation of sections
84.773; 84.777; 84.788 to 84.795; or 84.90;
(2) an off-road vehicle in violation of sections 84.773;
84.777; 84.798 to 84.804; or 84.90; or
(3) an all-terrain vehicle in violation of sections 84.773;
84.777; 84.90; or 84.922 to 84.928.
(b) A civil citation shall require restitution for public
and private property damage and impose a penalty of no more than:
(1) $100 for the first offense, no more than;
(2) $200 for the second offense,; and no more than
(3) $500 for third and subsequent offenses.
(c) If the peace officer determines that there is damage to
property requiring restitution, the commissioner must send a
written explanation of the extent of the damage and the cost of
the repair by first class mail to the address provided by the
person receiving the citation within 15 days of the date of the
citation.
Sec. 8. Minnesota Statutes 2003 Supplement, section
84.780, is amended to read:
84.780 [OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.]
(a) The off-highway vehicle damage account is created in
the natural resources fund. Money in the off-highway vehicle
damage account is appropriated to the commissioner of natural
resources for the repair or restoration of property damaged by
the operation of off-highway vehicles in an unpermitted area
after August 1, 2003, and for the costs of administration for
this section. Before the commissioner may make a payment from
this account, the commissioner must determine whether the damage
to the property was caused by the unpermitted use of off-highway
vehicles, that the applicant has made reasonable efforts to
identify the responsible individual and obtain payment from the
individual, and that the applicant has made reasonable efforts
to prevent reoccurrence. By June 30, 2005, the commissioner of
finance must transfer the remaining balance in the account to
the off-highway motorcycle account under section 84.794, the
off-road vehicle account under section 84.803, and the
all-terrain vehicle account under section 84.927. The amount
transferred to each account must be proportionate to the amounts
received in the damage account from the relevant off-highway
vehicle accounts.
(b) Determinations of the commissioner under this section
may be made by written order and are exempt from the rulemaking
provisions of chapter 14. Section 14.386 does not apply.
(c) This section expires July 1, 2005.
Sec. 9. Minnesota Statutes 2002, section 84.791,
subdivision 2, is amended to read:
Subd. 2. [FEE FEES.] For the purposes of administering the
program and to defray a portion of the expenses of training and
certifying vehicle operators, the commissioner shall collect a
fee not to exceed $5 from each person who receives the training.
The commissioner shall collect a fee for issuing a duplicate
off-highway motorcycle safety certificate. The commissioner
shall establish the fee for a duplicate off-highway motorcycle
safety certificate that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in
providing the service. The fees must be deposited in the state
treasury and credited to the off-highway motorcycle account.
Sec. 10. Minnesota Statutes 2002, section 84.791, is
amended by adding a subdivision to read:
Subd. 5. [EXEMPTION FROM RULEMAKING AND LEGISLATIVE
APPROVAL.] The fees provided for under subdivision 2 are not
subject to the rulemaking provisions of chapter 14 and section
14.386 does not apply. The commissioner may establish the fees
under subdivision 2 notwithstanding section 16A.1283.
Sec. 11. Minnesota Statutes 2002, section 84.86,
subdivision 1, is amended to read:
Subdivision 1. [REQUIRED RULES.] With a view of achieving
maximum use of snowmobiles consistent with protection of the
environment the commissioner of natural resources shall adopt
rules in the manner provided by chapter 14, for the following
purposes:
(1) Registration of snowmobiles and display of registration
numbers.
(2) Use of snowmobiles insofar as game and fish resources
are affected.
(3) Use of snowmobiles on public lands and waters, or on
grant-in-aid trails.
(4) Uniform signs to be used by the state, counties, and
cities, which are necessary or desirable to control, direct, or
regulate the operation and use of snowmobiles.
(5) Specifications relating to snowmobile mufflers.
(6) A comprehensive snowmobile information and safety
education and training program, including but not limited to the
preparation and dissemination of snowmobile information and
safety advice to the public, the training of snowmobile
operators, and the issuance of snowmobile safety certificates to
snowmobile operators who successfully complete the snowmobile
safety education and training course. For the purpose of
administering such program and to defray expenses of training
and certifying snowmobile operators, the commissioner shall
collect a fee from each person who receives the youth and young
adult training or the adult training. The commissioner shall
collect a fee for issuing a duplicate snowmobile safety
certificate. The commissioner shall establish a fee both fees
in a manner that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in
providing the services. The fee is fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not
apply. The fees may be established by the commissioner
notwithstanding section 16A.1283. The fees must be deposited in
the snowmobile trails and enforcement account and the amount
thereof is appropriated annually to the Enforcement Division of
the Department of Natural Resources for the administration of
such programs. In addition to the fee established by the
commissioner, instructors may charge each person up to the
established fee amount for class materials and expenses. The
commissioner shall cooperate with private organizations and
associations, private and public corporations, and local
governmental units in furtherance of the program established
under this clause. School districts may cooperate with the
commissioner and volunteer instructors to provide space for the
classroom portion of the training. The commissioner shall
consult with the commissioner of public safety in regard to
training program subject matter and performance testing that
leads to the certification of snowmobile operators.
(7) The operator of any snowmobile involved in an accident
resulting in injury requiring medical attention or
hospitalization to or death of any person or total damage to an
extent of $500 or more, shall forward a written report of the
accident to the commissioner on such form as the commissioner
shall prescribe. If the operator is killed or is unable to file
a report due to incapacitation, any peace officer investigating
the accident shall file the accident report within ten business
days.
Sec. 12. Minnesota Statutes 2002, section 84.8712,
subdivision 2, is amended to read:
Subd. 2. [CIVIL CITATION; AUTHORITY TO ISSUE.]
Conservation officers and other licensed peace officers may
issue civil citations to a person who operates a snowmobile in
violation of this section or section 84.8713. The citation must
impose a penalty of no more than $50 for the first offense, no
more than $300 $200 for the second offense, and no more than
$600 $500 for third and subsequent offenses.
Sec. 13. Minnesota Statutes 2002, section 84.925,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner
shall establish a comprehensive all-terrain vehicle
environmental and safety education and training program,
including the preparation and dissemination of vehicle
information and safety advice to the public, the training of
all-terrain vehicle operators, and the issuance of all-terrain
vehicle safety certificates to vehicle operators over the age of
12 years who successfully complete the all-terrain vehicle
environmental and safety education and training course.
(b) For the purpose of administering the program and to
defray a portion of the expenses of training and certifying
vehicle operators, the commissioner shall collect a fee of $15
from each person who receives the training. The commissioner
shall collect a fee for issuing a duplicate all-terrain vehicle
safety certificate. The commissioner shall establish the fee
for a duplicate all-terrain vehicle safety certificate that
neither significantly overrecovers nor underrecovers costs,
including overhead costs, involved in providing the service.
Fee proceeds shall be deposited in the all-terrain vehicle
account in the natural resources fund.
(c) The commissioner shall cooperate with private
organizations and associations, private and public corporations,
and local governmental units in furtherance of the program
established under this section. School districts may cooperate
with the commissioner and volunteer instructors to provide space
for the classroom portion of the training. The commissioner
shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that
leads to the certification of vehicle operators. By June 30,
2003, the commissioner shall incorporate a riding component in
the safety education and training program.
Sec. 14. Minnesota Statutes 2002, section 84.925, is
amended by adding a subdivision to read:
Subd. 4. [EXEMPTION FROM RULEMAKING AND LEGISLATIVE
APPROVAL.] The fee to issue a duplicate all-terrain vehicle
safety certificate under subdivision 1 is not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not
apply. The commissioner may establish the duplicate all-terrain
safety certificate fee notwithstanding section 16A.1283.
Sec. 15. Minnesota Statutes 2002, section 84D.13,
subdivision 5, is amended to read:
Subd. 5. [CIVIL PENALTIES.] A civil citation issued under
this section may must impose civil penalties up to the following
penalty amounts:
(1) for transporting aquatic macrophytes on a forest road
as defined by section 89.001, subdivision 14, road or highway as
defined by section 160.02, subdivision 26, or any other public
road, $50;
(2) for placing or attempting to place into waters of the
state a watercraft, a trailer, or plant harvesting equipment
that has aquatic macrophytes attached, $100;
(3) for transporting a prohibited exotic species other than
an aquatic macrophyte, $100;
(4) for placing or attempting to place into waters of the
state a watercraft, a trailer, or plant harvesting equipment
that has prohibited exotic species attached when the waters are
not designated by the commissioner as being infested with that
species, $500 for the first offense and $1,000 for each
subsequent offense;
(5) for angling, anchoring, or operating a watercraft in a
marked area of a Eurasian water milfoil limited infestation,
other than as provided by law, $100; and
(6) for intentionally damaging, moving, removing, or
sinking a buoy marking, as prescribed by rule, Eurasian water
milfoil, $100.
Sec. 16. Minnesota Statutes 2002, section 85.052,
subdivision 1, is amended to read:
Subdivision 1. [RULES AUTHORITY TO ESTABLISH.] (a) The
commissioner may make rules establish, by written order,
provisions for the use of state parks including for the
following:
(1) special parking space for automobiles or other
motor-driven vehicles in a state park or state recreation area;
(2) special parking spurs, campgrounds for automobiles,
sites for tent camping, and special auto trailer coach parking
spaces, for the use of the individual charged for the space;
(3) improvement and maintenance of golf courses already
established in state parks, and charging reasonable use
fees; and
(4) state park pageant areas that may be established in a
state park to have historical or other pageants conducted by the
commissioner of a state agency or other public agency; and
(5) providing water, sewer, and electric service to trailer
or tent campsites and charging a reasonable use fee.
(b) Provisions established under paragraph (a) are exempt
from section 16A.1283 and the rulemaking provisions of chapter
14. Section 14.386 does not apply.
Sec. 17. Minnesota Statutes 2002, section 85.052,
subdivision 2, is amended to read:
Subd. 2. [STATE PARK PAGEANTS.] (a) The commissioner may
stage state park pageants in a state park, municipal park, or on
other land near or adjoining a state park and charge an entrance
or use fee for the pageant. All receipts from the pageants must
be used in the same manner as though the pageants were conducted
in a state park.
(b) The commissioner may establish, by written order, state
park pageant areas to hold historical or other pageants
conducted by the commissioner of a state agency or other public
agency. Establishment of the areas is exempt from the
rulemaking provisions of chapter 14 and section 14.386 does not
apply.
Sec. 18. Minnesota Statutes 2002, section 85.052, is
amended by adding a subdivision to read:
Subd. 5. [ESTABLISHING FEES.] Except as otherwise
specified in law, and notwithstanding sections 16A.1283 and
16A.1285, subdivision 2, the commissioner shall, by written
order, establish fees providing for the use of state parks and
state recreation areas. The fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not
apply.
Sec. 19. Minnesota Statutes 2002, section 85.052, is
amended by adding a subdivision to read:
Subd. 6. [STATE PARK RESERVATION SYSTEM.] The commissioner
may, by written order, develop reasonable reservation policies
for campsites and other lodging. These policies are exempt from
rulemaking provisions under chapter 14 and section 14.386 does
not apply.
Sec. 20. Minnesota Statutes 2002, section 85.055,
subdivision 1a, is amended to read:
Subd. 1a. [PATRON PERMIT FEE.] Notwithstanding section
16A.1283, the commissioner of natural resources may develop, by
written order, provide a special patron permit requiring
allowing persons to pay an additional amount above the annual
permit fee required in subdivision 1. The additional amount
paid under this subdivision shall be deposited in the state
treasury and credited to the working capital account under
section 85.22, subdivision 1 is not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
Sec. 21. Minnesota Statutes 2002, section 85.22,
subdivision 3, is amended to read:
Subd. 3. [CHARGES SUFFICIENT TO DEFRAY EXPENSES.]
Notwithstanding section 16A.1283, the commissioner of natural
resources shall, by written order, adjust the schedule of
charges for operating facilities within state parks so as to
produce income sufficient to defray all expenses required to
provide proper operations of said facilities. An adjustment to
the schedule of charges is not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
Sec. 22. Minnesota Statutes 2002, section 86A.05,
subdivision 5, is amended to read:
Subd. 5. [STATE SCIENTIFIC AND NATURAL AREAS; PURPOSE;
RESOURCE AND SITE QUALIFICATIONS; ADMINISTRATION; DESIGNATION.]
(a) A state scientific and natural area shall be established to
protect and perpetuate in an undisturbed natural state those
natural features which possess exceptional scientific or
educational value.
(b) No unit shall be authorized as a scientific and natural
area unless its proposed location substantially satisfies the
following criteria:
(1) Embraces natural features of exceptional scientific and
educational value, including but not limited to any of the
following:
(i) natural formations or features which significantly
illustrate geological processes;
(ii) significant fossil evidence of the development of life
on earth;
(iii) an undisturbed plant community maintaining itself
under prevailing natural conditions typical of Minnesota;
(iv) an ecological community significantly illustrating the
process of succession and restoration to natural condition
following disruptive change;
(v) a habitat supporting a vanishing, rare, endangered, or
restricted species of plant or animal;
(vi) a relict flora or fauna persisting from an earlier
period; or
(vii) a seasonal haven for concentrations of birds and
animals, or a vantage point for observing concentrated
populations, such as a constricted migration route; and
(2) Embraces an area large enough to permit effective
research or educational functions and to preserve the inherent
natural values of the area.
(c) State scientific and natural areas shall be
administered by the commissioner of natural resources, in
consultation with qualified persons, in a manner which is
consistent with the purposes of this subdivision to preserve,
perpetuate and protect from unnatural influences the scientific
and educational resources within them. Interpretive studies may
be provided for the general public. Physical development shall
be limited to the facilities absolutely necessary for
protection, research, and educational projects, and, where
appropriate, for interpretive services.
(d) An area designated as a state scientific and natural
area shall not be altered in designation or use without holding
a public hearing on the matter at a time and place designated in
the notice of the hearing, which shall be published once in a
legal newspaper in each county in which the lands are situated
at least seven days in advance of the hearing. At the hearing
the commissioner shall provide an opportunity for any person to
be heard. The commissioner may designate these areas by written
order published in the State Register. Designations are not
subject to the rulemaking provisions of chapter 14 and section
14.386 does not apply.
(e) At the discretion of the managing agency, each
scientific and natural area shall be designated as one of the
following types:
(i) Research unit. Use is limited to programs conducted by
qualified scientists and college graduate and postgraduate
students.
(ii) Educational unit. Permitted uses include all
activities specified in paragraph (i) above and primary,
secondary, and college undergraduate programs.
(iii) Public use unit. Permitted uses include all uses
permitted in paragraphs (i) and (ii) above and interpretive
programs for the benefit of the general public.
Sec. 23. Minnesota Statutes 2002, section 86A.07,
subdivision 3, is amended to read:
Subd. 3. [AUTHORIZATION BY DESIGNATION.] In any instance
where a managing agency, or the commissioner of administration
on behalf of the managing agency, is specifically empowered by
law to acquire lands or waters or any interest in lands or
waters for the purpose of establishing units of the outdoor
recreation system a unit may be authorized upon (1) the
acquisition of land and waters pursuant to the lawful exercise
of the power to acquire and (2) the designation by the managing
agency of the land and waters as a classified unit of the
outdoor recreation system by written order published in the
State Register. Designations are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
Sec. 24. Minnesota Statutes 2002, section 86A.21, is
amended to read:
86A.21 [POWERS AND DUTIES OF COMMISSIONER.]
(a) The commissioner may:
(1) acquire, construct, and maintain small craft harbors,
channels, and facilities for recreational watercraft in the
navigable waters lying within the locations identified in Laws
1993, chapter 333, section 1;
(2) acquire by purchase, lease, gift, or condemnation the
lands, rights-of-way, easements, and other interests necessary
for small craft harbors, channels, mooring facilities, marinas,
launching ramps, and facilities normally used to support harbors
of refuge, channels, docks, and launching ramps;
(3) provide the public within the boundaries of small craft
harbors, through leases of public property, with mooring
facilities and marinas developed and operated by public or
nonpublic entities at no cost to the state or its political
subdivisions;
(4) charge fees for both seasonal and daily moorage at
state-operated or state-assisted small craft harbors and mooring
facilities;
(5) collect the proceeds from the sale of marine fuel at
small craft harbors or mooring facilities operated by the state.
(b) Fees and proceeds collected under paragraph (a) must be
credited to the water recreation account. The sale prices of
marine fuel and petroleum supplies and fees under paragraph (a)
are not subject to the rulemaking provisions of chapter 14 and
section 14.386 does not apply. The commissioner may establish
the fees under paragraph (a) notwithstanding section 16A.1283.
The fees and proceeds are appropriated to the commissioner of
natural resources and must be used for purposes relating to
mooring facilities and small craft harbors, including:
(1) operation and maintenance;
(2) purchase of marine fuel and other petroleum supplies;
(3) replacement or expansion; or
(4) debt service on funds provided through the sale of
state bonds.
(c) Fees collected at small craft harbors and boating
facilities constructed or operated by local units of government
with financial assistance from the state shall, after payment of
the costs of operating and maintaining the facilities, be used
for purposes relating to mooring facilities and small craft
harbors, including:
(1) operation and maintenance;
(2) replacement or expansion; or
(3) debt service on funds provided through the sale of
state bonds.
Sec. 25. Minnesota Statutes 2002, section 86B.321,
subdivision 2, is amended to read:
Subd. 2. [NOISE LIMITS.] (a) The noise limits for the
total noise from the marine engine or motorboat may not exceed:
(1) for marine engines or motorboats manufactured before
January 1, 1982, a noise level of 84 decibels on the A scale
measured at a distance of 50 feet from the motorboat or
equivalent noise levels at other distances as specified by the
commissioner; and
(2) for marine engines or motorboats manufactured on or
after January 1, 1982, a noise level of 82 decibels on the A
scale measured at a distance of 50 feet from the motorboat or
equivalent noise levels at other distances as specified by the
commissioner.
(b) The noise limits in paragraph (a) do not preclude
enforcement of other laws relating to motorboat noise.
(c) Equivalent noise levels under paragraph (a) shall be
specified by the commissioner by written order and published in
the State Register. The noise level determinations are exempt
from the rulemaking provisions of chapter 14 and section 14.386
does not apply.
Sec. 26. Minnesota Statutes 2002, section 86B.521, is
amended by adding a subdivision to read:
Subd. 6. [RULEMAKING EXEMPTION.] The test procedures under
subdivisions 2, 3, and 4 shall be established by written order
by the commissioner and published in the State Register. The
establishment of test procedures is exempt from the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
Sec. 27. Minnesota Statutes 2002, section 88.79, is
amended by adding a subdivision to read:
Subd. 4. [RULEMAKING EXEMPTION.] The charge for forest
management services and cost-sharing conservation practices
under this section are not subject to the rulemaking provisions
of chapter 14 and section 14.386 does not apply.
Sec. 28. Minnesota Statutes 2002, section 89.012, is
amended to read:
89.012 [UNIT FOREST RESOURCE PLANS.]
Each geographic administrative unit of the Division of
Forestry identified by the commissioner as an appropriate unit
for forest resource planning shall have a unit forest resource
plan which is consistent with the forest resource management
policy and plan, including state reforestation and road
policies. The scope and content of the plan shall be determined
by the commissioner. The plan is not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. A
unit plan shall not be implemented until approved by the
commissioner by written order that is published in the State
Register.
A unit plan shall set forth the specific goals and
objectives for the management, protection, development, and
production of forest resources in the administrative unit. A
unit plan shall be integrated with other uses not managed under
the multiple use, sustained yield principles policy when those
uses have been authorized and approved according to law,
including compliance with environmental review procedures. Unit
plans shall be revised as necessary to remain consistent with
the forest resource management plan.
Sec. 29. Minnesota Statutes 2002, section 89.018,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; TERMINATION.] (a) The
commissioner may establish, by written order published in the
State Register, heritage forest areas within counties named
under this subdivision if:
(1) the commissioner determines that establishment is
consistent with the purposes of the heritage forest; and
(2) the county board has submitted a resolution to the
commissioner delineating and requesting establishment of the
heritage forest areas of the county.
(b) The named counties for the Big Woods Heritage Forest
are:
(1) Blue Earth;
(2) Carver;
(3) Dakota;
(4) Hennepin;
(5) Le Sueur;
(6) McLeod;
(7) Meeker;
(8) Nicollet;
(9) Rice;
(10) Sibley;
(11) Scott;
(12) Waseca; and
(13) Wright.
(c) The commissioner may terminate the heritage forest
status of an area within a county if the commissioner determines
that the termination would be in the public interest and the
county board has submitted a resolution to the commissioner
requesting termination.
Sec. 30. Minnesota Statutes 2002, section 89.018,
subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER'S POWERS.] (a) Within areas
established as a heritage forest under subdivision 1, the
commissioner may:
(1) designate, by written order published in the State
Register, any commissioner-administered state-owned lands as
heritage forest lands for management purposes, including lands
that have previously been designated for another purpose;
(2) accept donations of land, including easements under
subdivision 3, for heritage forest management;
(3) manage lands designated by local governments for
heritage forest management; and
(4) contract with other agencies or organizations for
management services, including any required monitoring
activities.
(b) Lands designated under paragraph (a), clause (1), that
were previously designated by law or by the commissioner
continue to be subject to requirements and uses authorized under
the previous designation.
Sec. 31. Minnesota Statutes 2002, section 89.018, is
amended by adding a subdivision to read:
Subd. 7. [RULEMAKING EXEMPTION.] Designations under
subdivisions 1 and 2 are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
Sec. 32. Minnesota Statutes 2002, section 89.19, is
amended to read:
89.19 [RULES.]
Subdivision 1. [RULEMAKING AUTHORITY.] The commissioner
may prescribe rules governing the use of forest lands under the
authority of the commissioner and state forest roads, or any
parts thereof, by the public and governing the exercise by
holders of leases or permits on forest lands and state forest
roads of all their rights under the leases or permits.
Subd. 2. [RULEMAKING EXEMPTION.] Designations of forest
trails by the commissioner shall be by written order published
in the State Register. Designations are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not
apply. Before designating forest trails, the commissioner shall
hold a public meeting in the county where the largest portion of
the forest lands are located to provide information to and
receive comment from the public regarding the proposed trail
designation. Sixty days before the public meeting, notice of
the proposed forest trail shall be published in the legal
newspapers that serve the counties in which the lands are
located, in a statewide Department of Natural Resources news
release, and in the State Register.
Sec. 33. Minnesota Statutes 2002, section 89.21, is
amended to read:
89.21 [CAMPGROUNDS, ESTABLISHMENT AND FEES.]
(a) The commissioner is authorized to establish and develop
state forest campgrounds and may establish minimum standards not
inconsistent with the laws of the state for the care and use of
such campgrounds and charge fees for such uses as specified by
the commissioner of natural resources.
(b) Notwithstanding section 16A.1283, the commissioner
shall, by written order, establish fees providing for the use of
state forest campgrounds. The fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not
apply.
(c) All fees shall be deposited in the general fund.
Sec. 34. Minnesota Statutes 2002, section 89.37, is
amended by adding a subdivision to read:
Subd. 7. [RULEMAKING EXEMPTION.] The sale price of
planting stock and native tree seeds distributed by the
commissioner under this section is not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. The
commissioner may establish the sale price of planting stock and
native tree seeds notwithstanding section 16A.1283.
Sec. 35. Minnesota Statutes 2002, section 89.53,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER'S DUTIES; NOTICE OF CONTROL
MEASURES.] Whenever the commissioner finds that an area in the
state is infested or threatened to be infested with forest
pests, the commissioner shall determine whether measures of
control are needed and are available and the area over which the
control measures shall be applied. The commissioner shall
prescribe a proposed zone of infestation covering the area in
which control measures are to be applied and shall publish
notice of the proposal once a week, for two successive weeks in
a newspaper having a general circulation in each county located
in whole or in part in the proposed zone of
infestation. Prescribing zones of infestation is exempt from
the rulemaking provisions of chapter 14 and section 14.386 does
not apply.
Sec. 36. Minnesota Statutes 2002, section 89.71,
subdivision 1, is amended to read:
Subdivision 1. [DESIGNATION, INVENTORY, RECORDING.] Forest
roads, bridges, and other improvements administered under
section 89.002, subdivision 3, are designated as state forest
roads to the width of the actual use including ditches,
backslopes, fills, and maintained right-of-way, unless otherwise
specified in a prior easement of record. The commissioner may
designate forest roads by written order published in the State
Register. The commissioner may undesignate, by written order
published in the State Register, all or part of a state forest
road that is not needed to carry out forest resource management
policy. Designations and undesignations are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not
apply. The commissioner shall maintain and keep current an
inventory listing and describing roads in which the state claims
a right or property interest for state forest road purposes.
The commissioner may file for record with a county recorder or
registrar of titles appropriate documents setting forth the
state's interest in all or part of any state forest road.
Sec. 37. Minnesota Statutes 2002, section 97A.101,
subdivision 2, is amended to read:
Subd. 2. [MANAGEMENT DESIGNATION.] (a) The commissioner
may designate, reserve, and manage public waters for wildlife
after giving notice and holding a public hearing. The hearing
must be held in the county where the major portion of the waters
is located. Notice of the hearing must be published in a legal
newspaper within each county where the waters are located at
least seven days before the hearing. The designation by the
commissioner shall be by written order published in the State
Register. Designations are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
(b) The commissioner may contract with riparian owners for
water projects under section 103G.121, subdivision 3, and may
acquire land, accept local funding, and construct, maintain, and
operate structures to control water levels under section
103G.505 to manage designated waters.
Sec. 38. Minnesota Statutes 2002, section 97A.133,
subdivision 3, is amended to read:
Subd. 3. [ALL-TERRAIN VEHICLE TRAVEL WITHIN DESIGNATED
WILDLIFE MANAGEMENT AREAS.] (a) On lands acquired by the state
under chapter 84A that are designated after January 1, 1986, as
wildlife management areas, the commissioner shall, by January
15, 2004, identify, designate, and sign at least 90 miles of
all-terrain vehicle trails, not including public roads that are
maintained and open to travel by other noncommercial vehicles,
in corridors of disturbance that:
(1) the commissioner determines are appropriate to connect
trails, forest roads established under section 89.71,
subdivision 1, and public highways to provide reasonable travel
for all-terrain vehicles; or
(2) are areas of historic all-terrain vehicle use,
including trails that end within a wildlife management area.
The designated trails must be either within or contiguous
to the wildlife management areas. The commissioner shall
consult with wildlife management area users, including both
motorized and nonmotorized trail users, in identifying and
designating trails under this paragraph. Trail establishment
must be in compliance with other state and federal law. Local
governments and other trail sponsors may propose the designation
of trails, including the designation as a grant-in-aid trail for
the purposes of funding under section 84.927, subdivision
2. Designation of trails by the commissioner, authorized under
this subdivision, shall be by written order published in the
State Register. Designations are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
(b) The following roads shall be open to travel by
all-terrain vehicles when the roads are open to other
noncommercial vehicles:
(1) the Rapid River Forest Road, beginning at the west
boundary of the Red Lake Wildlife Management Area at the
southwest corner of Section 7, Township 156 North, Range 35
West, Beltrami County, thence in an easterly and northeasterly
direction through the Red Lake Wildlife Management Area to the
east boundary of the Red Lake Wildlife Management Area at the
southwest corner of Section 7, Township 157 North, Range 33
West, Lake of the Woods County;
(2) the Blanchard Forest Road, beginning at the junction of
the North Shore Road along the northern shore of Upper Red Lake
and the Blanchard State Forest Road at the west section line of
Section 30, Township 155 North, Range 31 West, Beltrami County,
thence in a westerly direction to the west section line of
Section 31, Township 155 North, Range 32 West;
(3) the Moose River Forest Road, beginning at the junction
of Dick's Parkway State Forest Road and the Moose River State
Forest Road at the southwest corner of Section 31, Township 36
West, Range 158 North, thence in a westerly direction along the
Moose River State Forest Road to the junction of Beltrami County
Road 706; and
(4) the existing west access road to the Moose River dike,
which is included in meeting the required all-terrain vehicle
trail mileage specified in paragraph (a).
(c) The commissioner shall sign each road and trail
designated under this subdivision indicating the motorized uses
allowed.
(d) During the regular firearms deer season, on all
wildlife management area lands within the area described in
paragraph (e), a person licensed to take deer may operate an
all-terrain vehicle:
(1) before legal shooting hours;
(2) after legal shooting hours; and
(3) from 11:00 a.m. to 2:00 p.m.
(e) Paragraph (d) applies from where State Highway No. 1
intersects the west boundary of the Red Lake Indian Reservation,
then west to State Highway No. 219, then north on State Highway
No. 219 to State Highway No. 89, then north on State Highway No.
89 to County Highway No. 6, then east on County Highway No. 6 to
County Highway No. 54 and County Highway No. 1
(Beltrami/Marshall county line) then north along the
Beltrami/Marshall county line to Roseau county line, then east
on Beltrami/Roseau county line to Dick's Parkway, then south on
Dick's Parkway to County Road No. 704, Beltrami County, then
south to County State-Aid Highway No. 44 to Fourtown, then south
on State Highway No. 89 to the north boundary of the Red Lake
Indian Reservation, then west and south following the boundary
of the Red Lake Indian Reservation to where it intersects State
Highway No. 1.
(f) For the purposes of this subdivision, "corridors of
disturbance" means rights-of-way such as ditches, ditch banks,
transmission lines, pipelines, permanent roads, winter roads,
and recreational trails. The existence of a corridor of
disturbance eligible for corridor designation may be
demonstrated by physical evidence, document recorded in the
office of the county recorder or other public official, aerial
survey, or other evidence similar to the above. Cross-country
motorized use of land shall not cause that land to be considered
a corridor of disturbance.
Sec. 39. Minnesota Statutes 2002, section 97A.135,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC HUNTING AND WILDLIFE AREAS.] (a)
The commissioner or the commissioner of administration shall
acquire and improve land for public hunting, game refuges, and
food and cover planting. The land may be acquired by a gift,
lease, easement, purchase, or condemnation. At least two-thirds
of the total area acquired in a county must be open to public
hunting. The commissioner may designate, by written order
published in the State Register, land acquired under this
subdivision as a wildlife management area for the purposes of
the outdoor recreation system. Designations of wildlife
management areas are exempt from the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
(b) The commissioner of administration may transfer money
to the commissioner for acquiring wildlife lands to qualify for
Pittman-Robertson funds. The transferred money is
reappropriated to the commissioner for the wildlife land
acquisition.
Sec. 40. Minnesota Statutes 2002, section 97A.145,
subdivision 1, is amended to read:
Subdivision 1. [ACQUISITION; GENERALLY.] (a) The
commissioner or the commissioner of administration may acquire
wetlands and bordering areas, including marshes, ponds, small
lakes, and stream bottoms for water conservation relating to
wildlife development. The lands that are acquired may be
developed for wildlife, recreation, and public hunting. The
wetlands may be acquired by gift, lease, purchase, or exchange
of state lands.
(b) The commissioner may also acquire land owned by the
state and tax-forfeited land that is suitable for wildlife
development. The wetlands may not be acquired unless public
access by right-of-way or easement from a public road is also
acquired or available. In acquiring wetlands under this section
the commissioner shall assign highest priority to type 3 and 4
wetlands, as defined in United States Fish and Wildlife Service
Circular No. 39 (1971 edition), that are public waters. Lands
purchased or leased under this section may not be used to
produce crops unless needed for wildlife. The commissioner may
designate, by written order published in the State Register,
land acquired under this section as a wildlife management area
for purposes of the outdoor recreation system. Designations of
wildlife management areas are exempt from the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
Sec. 41. Minnesota Statutes 2002, section 97B.015, is
amended by adding a subdivision to read:
Subd. 7. [FEE FOR DUPLICATE CERTIFICATE.] The commissioner
shall collect a fee for issuing a duplicate firearms safety
certificate. The commissioner shall establish a fee that
neither significantly overrecovers nor underrecovers costs,
including overhead costs, involved in providing the service.
The fee is not subject to the rulemaking provisions of chapter
14 and section 14.386 does not apply. The commissioner may
establish the fee notwithstanding section 16A.1283.
Sec. 42. Minnesota Statutes 2002, section 97B.025, is
amended to read:
97B.025 [HUNTER AND TRAPPER EDUCATION.]
(a) The commissioner may establish education courses for
hunters and trappers. The commissioner shall collect a fee from
each person attending a course. A fee shall be collected for
issuing a duplicate certificate. The commissioner shall
establish a fee the fees in a manner that neither significantly
overrecovers nor underrecovers costs, including overhead costs,
involved in providing the services. The fee is fees are not
subject to the rulemaking provisions of chapter 14 and section
14.386 does not apply. The commissioner may establish the fees
notwithstanding section 16A.1283. The fees shall be deposited
in the game and fish fund and the amount thereof is appropriated
annually to the Enforcement Division of the Department of
Natural Resources for the administration of the program. In
addition to the fee established by the commissioner for each
course, instructors may charge each person up to the established
fee amount for class materials and expenses. School districts
may cooperate with the commissioner and volunteer instructors to
provide space for the classroom portion of the training.
(b) The commissioner shall enter into an agreement with a
statewide nonprofit trappers association to conduct a trapper
education program. At a minimum, the program must include at
least six hours of classroom and in the field training. The
program must include a review of state trapping laws and
regulations, trapping ethics, the setting and tending of traps
and snares, tagging and registration requirements, and the
preparation of pelts. The association shall be responsible for
all costs of conducting the education program, and shall not
charge any fee for attending the course.
Sec. 43. Minnesota Statutes 2002, section 103G.223, is
amended to read:
103G.223 [CALCAREOUS FENS.]
Calcareous fens, as identified by the commissioner by
written order published in the State Register, may not be
filled, drained, or otherwise degraded, wholly or partially, by
any activity, unless the commissioner, under an approved
management plan, decides some alteration is necessary.
Identifications made by the commissioner are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not
apply.
Sec. 44. Minnesota Statutes 2002, section 103I.601,
subdivision 3, is amended to read:
Subd. 3. [NOTIFICATION OF PROJECT CONSTRUCTION.] (a) By 30
days before making an exploratory boring, an explorer must
register with the commissioner of natural resources and provide
a copy of the registration to the commissioner of health. The
registration must include:
(1) the identity of the firm, association, or company
engaged in exploratory boring; and
(2) the identification of an agent, including the agent's
business address.
(b) The commissioner of natural resources may require a
bond, security, or other assurance from an explorer if the
commissioner of natural resources has reasonable doubts about
the explorer's financial ability to comply with requirements of
law relating to exploratory boring. The commissioner's
determination to require assurance is exempt from the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
(c) An explorer shall annually register with the
commissioner of natural resources while conducting exploratory
boring.
Sec. 45. Minnesota Statutes 2002, section 282.01,
subdivision 3, is amended to read:
Subd. 3. [NONCONSERVATION LANDS; APPRAISAL AND SALE.] All
parcels of land classified as nonconservation, except those
which may be reserved, shall be sold as provided, if it is
determined, by the county board of the county in which the
parcels lie, that it is advisable to do so, having in mind their
accessibility, their proximity to existing public improvements,
and the effect of their sale and occupancy on the public
burdens. Any parcels of land proposed to be sold shall be first
appraised by the county board of the county in which the parcels
lie. The parcels may be reappraised whenever the county board
deems it necessary to carry out the intent of sections 282.01 to
282.13. In an appraisal the value of the land and any standing
timber on it shall be separately determined. No parcel of land
containing any standing timber may be sold until the appraised
value of the timber on it and the sale of the land have been
approved by the commissioner of natural resources. The
commissioner shall base review of a proposed sale on the policy
and considerations specified in subdivision 1. The decision of
the commissioner shall be in writing and shall state the reasons
for it. The commissioner's decision is exempt from the
rulemaking provisions of chapter 14 and section 14.386 does not
apply. The county may appeal the decision of the commissioner
in accordance with chapter 14.
In any county in which a state forest or any part of it is
located, the county auditor shall submit to the commissioner at
least 30 days before the first publication of the list of lands
to be offered for sale a list of all lands included on the list
which are situated outside of any incorporated municipality.
If, at any time before the opening of the sale, the commissioner
notifies the county auditor in writing that there is standing
timber on any parcel of such land, the parcel shall not be sold
unless the requirements of this section respecting the separate
appraisal of the timber and the approval of the appraisal by the
commissioner have been complied with. The commissioner may
waive the requirement of the 30-day notice as to any parcel of
land which has been examined and the timber value approved as
required by this section.
If any public improvement is made by a municipality after
any parcel of land has been forfeited to the state for the
nonpayment of taxes, and the improvement is assessed in whole or
in part against the property benefited by it, the clerk of the
municipality shall certify to the county auditor, immediately
upon the determination of the assessments for the improvement,
the total amount that would have been assessed against the
parcel of land if it had been subject to assessment; or if the
public improvement is made, petitioned for, ordered in or
assessed, whether the improvement is completed in whole or in
part, at any time between the appraisal and the sale of the
parcel of land, the cost of the improvement shall be included as
a separate item and added to the appraised value of the parcel
of land at the time it is sold. No sale of a parcel of land
shall discharge or free the parcel of land from lien for the
special benefit conferred upon it by reason of the public
improvement until the cost of it, including penalties, if any,
is paid. The county board shall determine the amount, if any,
by which the value of the parcel was enhanced by the improvement
and include the amount as a separate item in fixing the
appraised value for the purpose of sale. In classifying,
appraising, and selling the lands, the county board may
designate the tracts as assessed and acquired, or may by
resolution provide for the subdivision of the tracts into
smaller units or for the grouping of several tracts into one
tract when the subdivision or grouping is deemed advantageous
for the purpose of sale. Each such smaller tract or larger
tract must be classified and appraised as such before being
offered for sale. If any such lands have once been classified,
the board of county commissioners, in its discretion, may, by
resolution, authorize the sale of the smaller tract or larger
tract without reclassification.
Sec. 46. [EFFECTIVE DATE.]
This act is effective the day following final enactment.
Presented to the governor May 15, 2004
Signed by the governor May 19, 2004, 10:35 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes