2001 Minnesota Statutes

     89.71 Forest roads. 

    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 
 undesignate all or part of a state forest road that is not 
 needed to carry out forest resource management policy.  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.  

    Subd. 2.    Right-of-way.  Additional rights-of-way and 
 easements, including easements needed for drainage or slopes, 
 may be acquired by the commissioner by purchase or gift and by 
 condemnation for safety or environmental protection on existing 
 roads and to provide access to tracts of public land larger than 
 1,000 acres having no access, following a public meeting in the 
 area affected.  Rights-of-way and easements shall be designated 
 as state forest roads when needed for construction, maintenance, 
 or safety of roads.  

    Subd. 3.    Construction; maintenance.  The commissioner 
 shall develop specifications for the design and construction of 
 state forest roads and shall establish maintenance schedules for 
 forest roads consistent with their intended use.  

    Subd. 4.    Rules.  In adopting rules relating to the 
 use of state forest roads, the commissioner may incorporate into 
 the rules, by reference, traffic regulations contained in 
 chapters 169 and 169A.  

    Subd. 5.    Posting of minimum-maintenance forest roads. 
  The commissioner may designate a state forest road as a 
 minimum-maintenance forest road to be maintained at a level 
 consistent with the intended use.  Designation of a state forest 
 road as a minimum-maintenance forest road is effective on the 
 posting of signs, at entry points to the road and at regular 
 intervals along the road, to the effect that the road is a 
 minimum-maintenance forest road and that the user travels on the 
 road at the user's risk.  Posting of the signs is prima facie 
 evidence that adequate notice of minimum-maintenance status has 
 been given to the public.  Liability on a road designated under 
 this subdivision is governed by section 160.095, subdivision 4.  

    Subd. 6.    Conveyance of unneeded roads to other 
 governments.  When the commissioner undesignates a state 
 forest road and determines that the road is no longer needed for 
 any state purpose, the commissioner may convey by mutual 
 agreement, in the manner provided in section 84.63, the state 
 interest in the road to the United States, the state of 
 Minnesota, or any of its subdivisions, whether or not the road 
 is on state land.  

    Subd. 7.    Commissioner not a road authority under 
 highway laws.  Except as otherwise provided, the commissioner 
 is not a road authority under chapters 160 to 168, and chapters 
 160 to 168 do not apply to forest roads unless specifically made 
 applicable by law or rule. 

    HIST: 1988 c 686 art 4 s 5; 2000 c 478 art 2 s 7