Minnesota Session Laws - 2018, Regular Session

CHAPTER 154--H.F.No. 3089

An act

relating to mines; modifying inspection requirements;

amending Minnesota Statutes 2016, sections 180.03, subdivisions 2, 3, 4; 180.10.

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

Section 1.

Minnesota Statutes 2016, section 180.03, subdivision 2, is amended to read:

Subd. 2.

Fences.

Every person, firm, or corporation that is or has been engaged in the business of mining or removing iron ore, taconite, semitaconite or other minerals except sand, crushed rock, and gravel shall erect and maintain, as a minimum, a three strand wire fence along the outside perimeter of the excavation, open pit, or shaft of any mine in which mining operations have ceased for a period of six consecutive months or longer. Based upon local site conditions that may exist at shafts, caves, or open pits, the county mine inspector may require more secure fencing such as barbed wire or mesh fence, or may require barriers, appropriate signs, or any combination of the above, to reduce the possibility of accidental falls. The county mine inspector may grant exemptions under subdivision 4. Where mining operations have ceased and not resumed, the fence, barrier, signs, or combination of them new text begin required by this section new text end shall be erected within two years from the date when the county mine inspector directs the erection of fences, barriers, signs, or combination of them.

Sec. 2.

Minnesota Statutes 2016, section 180.03, subdivision 3, is amended to read:

Subd. 3.

Abandoned mines.

new text begin Except as described in subdivision 4, new text end when a mine is idle or abandoned it is the duty of the inspector of mines to notify the person, firm, or corporation that is or has been engaged in the business of mining to erect and maintain around all the shafts, caves, and open pits of such mines a fence, barrier, appropriate signs, or combination of them, suitable to warn of the presence of shafts, caves, or open pits and reduce the possibility of accidentally falling into these shafts, caves, or open pits. If the mine has been idled or abandoned, or if the person, firm, or corporation that has been engaged in the business of mining no longer exists, the fee owner shall erect new text begin and maintain new text end the fence, barrier, or signs required by this section. If the fee owner fails to act, the county in which the mining operation is located may, in addition to any other remedies available, abate the nuisance by erecting new text begin or maintaining new text end the fence, barrier, or signs and assessing the costs and related expenses pursuant to section 429.101.

Sec. 3.

Minnesota Statutes 2016, section 180.03, subdivision 4, is amended to read:

Subd. 4.

Exemptions.

new text begin (a) The portion of an excavation, cave, open or water-filled pit, or shaft is exempt from the requirements of this section if: new text end

new text begin (1) it is located on property owned, leased, or administered by the Office of the Commissioner of Iron Range Resources and Rehabilitation; new text end

new text begin (2) it is for the construction, operation, maintenance, or administration of: new text end

new text begin (i) grants-in-aid trails as defined in section 85.018; new text end

new text begin (ii) property owned or leased by a municipality, as defined in section 466.01, subdivision 1, that is intended or permitted to be used as a park, an open area for recreational purposes, or for the provision of recreational services, including the creation of trails or paths without artificial surfaces; or new text end

new text begin (iii) recreational use, as defined in section 604A.21, subdivisions 5 and 6, provided the use is administered by a municipality, as defined in section 466.01, subdivision 1; new text end

new text begin (3) it is for economic development purposes under chapter 469; or new text end

new text begin (4) new text end upon written application new text begin by the property owner new text end , the county mine inspector deleted text begin may exempt from the requirements of subdivision 2, any abandoned excavation, open pit, or shaft which deleted text end new text begin determines that it new text end is provided with fencing, barriers, appropriate signs, or combinations of them, in a manner that is reasonably similar to the standards in subdivision 2, or deleted text begin which deleted text end new text begin if, new text end in the inspector's judgment new text begin , it new text end does not constitute a safety hazard.

new text begin (b) Where an exemption applies, there shall be, at a minimum, appropriate signs posted by the recipient of the exemption consistent with section 97B.001, subdivision 4: new text end

new text begin (1) at each location of public access to the mining area restricting access to designated areas and warning of possible dangers due to the presence of excavations, shafts, caves, or open or water-filled pits; new text end

new text begin (2) prohibiting public access beyond the boundaries of the designated public access area; and new text end

new text begin (3) identifying those areas where the property on which public access is allowed abuts private property. new text end

new text begin (c) Where an exemption applies, to reduce the possibility of inadvertent access beyond the boundaries of the designated public access area, any new fencing erected by the recipient of the exemption in accordance with subdivision 2 or 3 shall be maintained by the recipient of the exemption. new text end

new text begin (d) Notwithstanding section 180.10, limited openings in preexisting fencing may be created and maintained by the recipient of the exemption or its agent to provide public access to the designated public access area. new text end

new text begin (e) The county mine inspector has the authority to enter, examine, and inspect any and all property exempted under this section at all reasonable times by day or by night, and, in addition to enforcing the provisions of this chapter, may make recommendations regarding the erection of fences, barriers, signs, or a combination of them. new text end

Sec. 4.

Minnesota Statutes 2016, section 180.10, is amended to read:

180.10 REMOVAL OF FENCE; GUARD.

A worker, employee, or other person who opens, removes, or disturbs any fence, guard, barrier, sign, or rail new text begin required by section 180.03 new text end and fails to close or replace or have the same closed or replaced again around or in front of any mine shaft, pit, chute, excavation, cave, or land liable to cave, injure, or destroy, whether by accident, injury, or damage results, either to the mine or those at work therein, or to any other person, shall be guilty of a misdemeanor. A worker, employee, or other person who, in regard to any fence, guard, barrier, sign, or rail, does any of the acts prohibited by section 609.52, commits theft of the fence, guard, barrier, sign, or rail may be sentenced as provided in section 609.52.

Presented to the governor May 16, 2018

Signed by the governor May 19, 2018, 4:36 p.m.