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CHAPTER 84. DEPARTMENT OF NATURAL RESOURCES

Table of Sections
SectionHeadnote
84.01DEPARTMENT OF NATURAL RESOURCES; COMMISSIONER APPOINTMENT.
84.024Repealed, 1996 c 310 s 1
84.025CONTRACTS FOR PROFESSIONAL AND MAINTENANCE SERVICES.
84.026CONTRACTS AND GRANTS FOR PROVISION OF NATURAL RESOURCES SERVICES.
84.0261DISPOSITION OF REIMBURSEMENT FROM NATURAL DISASTERS.
84.027POWERS AND DUTIES.
84.0271Repealed, 1984 c 553 s 2
84.0272PROCEDURE IN ACQUIRING LANDS.
84.0273ESTABLISHMENT OF BOUNDARY LINES RELATING TO CERTAIN STATE LANDHOLDINGS.
84.0274LANDOWNERS' BILL OF RIGHTS.
84.0275VIOLATIONS.
84.0276LAND TRANSFERS BY A FEDERAL AGENCY.
84.028COMMISSIONER OF NATURAL RESOURCES, SPECIFIC ASSIGNMENTS.
84.0285GAME AND FISH CITATION QUOTAS PROHIBITED.
84.0286CONSERVATION OFFICER PATROL VEHICLE SECURITY BARRIER; EXEMPTION.
84.029RECREATIONAL AREAS ON PUBLIC LAND.
84.03ADDITIONAL DUTIES AND POWERS.
84.031Repealed, 1990 c 391 art 10 s 4
84.032Repealed, 1990 c 391 art 10 s 4
84.033SCIENTIFIC AND NATURAL AREAS.
84.034MAINTENANCE OF CEMETERY IN WHITEWATER WILDLIFE MANAGEMENT AREA.
84.035PEATLAND PROTECTION.
84.036PEATLAND SCIENTIFIC AND NATURAL AREAS; DESIGNATION.
84.081DEPARTMENT DIVISIONS AND BUREAUS.
84.082VACANCIES.
84.083ASSIGNMENT AND DELEGATION OF DUTIES.
84.0835DESIGNATION OF EMPLOYEES FOR LIMITED NATURAL RESOURCES LAW ENFORCEMENT.
84.084TRANSFER OF FUNDS.
84.0845ADVANCE OF MATCHING FUNDS.
84.0846NATURAL RESOURCE SEMINARS AND CONFERENCES.
84.085ACCEPTANCE OF GIFTS.
84.0855SALES; RECEIPTS; APPROPRIATION.
84.0856FLEET MANAGEMENT ACCOUNT.
84.0857FACILITIES MANAGEMENT ACCOUNT.
84.086SEALS, UNIFORMS, AND BADGES.
84.087KEEPING RECORDS AND ORDERS.
84.0872SPECIFIC LOCATION DATA.
84.0875ENVIRONMENTAL LEARNING CENTERS.
84.088Repealed, 1Sp1985 c 13 s 376
84.0885Repealed, 1992 c 513 art 2 s 32
84.0887Repealed, 2003 c 128 art 1 s 176
84.089VOLUNTEERS IN NATURAL RESOURCES PROGRAM.
84.0894ENFORCEMENT OF AQUATIC PLANTS AND ENDANGERED SPECIES.
84.0895PROTECTION OF THREATENED AND ENDANGERED SPECIES.
84.09Repealed, 1996 c 410 s 57
84.091AQUATIC VEGETATION IN PUBLIC WATERS.
84.0911WILD RICE MANAGEMENT ACCOUNT.
84.092Repealed, 1990 c 391 art 10 s 4
84.0921Repealed, 1990 c 391 art 10 s 4
84.093WILD GINSENG.
84.10WILD RICE HARVESTED IN CERTAIN LAKES.
84.105WILD RICE SEASON.
84.11Repealed, 1947 c 424 s 6
84.111NATURAL WILD RICE HARVESTING.
84.12Repealed, 1947 c 424 s 6
84.13Repealed, 1947 c 424 s 6
84.14Repealed, 1996 c 410 s 57
84.15COMMISSIONER'S AUTHORITY; RICE HARVESTING.
84.151Expired
84.152WILD RICE.
84.1525STROMATOLITES.
84.153PROPERTY; LEASING, RENTING.
84.154LAC QUI PARLE WATER CONTROL PROJECT.
84.155CONSERVATION PROJECTS; BELTRAMI ISLAND, PINE ISLAND.
84.156INTEREST IN CERTAIN LANDS TRANSFERRED TO UNITED STATES.
84.157EXCHANGE OF CERTAIN STATE LANDS.
84.158Repealed, 1990 c 391 art 10 s 4
84.161LAND ACQUISITION FOR CERTAIN PURPOSES.
84.162POWERS OF COMMISSIONER; FLOWAGE RIGHTS.
84.163BATTLE POINT; CONVEYANCE TO TODD COUNTY.
84.164Repealed, 1971 c 859 s 14
84.361TAXES CANCELED IN CERTAIN CASES.
84.362REMOVAL OF STRUCTURES.
84.363SALE OF DEAD AND DOWN TIMBER.
84.37Repealed, 1963 c 5 s 12
84.38Repealed, 1963 c 5 s 12
84.39Repealed, 1963 c 5 s 12
84.40Repealed, 1963 c 5 s 12
84.41Repealed, 1963 c 5 s 12
84.415UTILITY LICENSES, PERMITS.
84.42VIOLATIONS; PENALTIES.
84.43DEFINITIONS.
84.44DECLARATION OF POLICY.
84.45COMMISSIONER DUTIES; WILDERNESS AREAS.
84.46COMMISSIONER OF TRANSPORTATION; AIRCRAFT CHECKING STATIONS.
84.47PERMITS TO PRIVATE PROPERTY OWNERS; AIRCRAFT FOR HIRE.
84.48TWO-WAY RADIO SYSTEM.
84.49WATERCRAFT, LIMITATION OF OPERATION.
84.50VIOLATIONS AND PENALTIES.
84.51INSPECTION.
84.52CERTAIN ZONING RULES APPLICABLE.
84.521SUSPENSION OF SECTIONS 84.43 TO 84.52.
84.523BWCA; MANAGEMENT OF MINERALS AND RELATED RESOURCES.
84.524
84.525MAINTENANCE OF CAMPSITES IN THE BWCA.
84.53TOPOGRAPHIC SURVEY.
84.54Repealed, 1993 c 163 art 1 s 35
84.55COOPERATION OF COUNTY OR MUNICIPALITY.
84.56Temporary appropriation
84.57Repealed, 1989 c 326 art 3 s 48
84.58Repealed, 1989 c 326 art 3 s 48
84.59Repealed, 1989 c 326 art 3 s 48
84.60Repealed, 1989 c 326 art 3 s 48
84.61Repealed, 1989 c 326 art 3 s 48
84.611Repealed, 1989 c 326 art 3 s 48
84.62Repealed, 1989 c 326 art 3 s 48
84.621Repealed, 1989 c 326 art 3 s 48
84.63CONVEYANCE OF INTERESTS IN LANDS TO STATE AND FEDERAL GOVERNMENTS.
84.631ROAD EASEMENTS ACROSS STATE LANDS.
84.632CONVEYANCE OF UNNEEDED STATE EASEMENTS.
84.64CONSERVATION RESTRICTIONS.
84.65CONSERVATION RESTRICTIONS; EFFECT OF RECORDING; RELEASE OF RESTRICTIONS; ENFORCEMENT.

OFF-HIGHWAY VEHICLES

84.771OFF-HIGHWAY VEHICLE DEFINITION.
84.773RESTRICTIONS ON OPERATION.
84.775OFF-HIGHWAY VEHICLE CIVIL CITATIONS.
84.777OFF-HIGHWAY VEHICLE USE OF STATE LANDS RESTRICTED.
84.780OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.
84.781USE OF DEPARTMENT RESOURCES.

OFF-HIGHWAY MOTORCYCLES

84.787DEFINITIONS.
84.788REGISTRATION.
84.789REQUIREMENTS OF MAKERS OF OFF-HIGHWAY MOTORCYCLES; SOUND EMISSIONS.
84.79RULEMAKING; ACCIDENT REPORT.
84.791EDUCATION AND TRAINING.
84.792Repealed, 2001 c 185 s 34
84.793YOUTHFUL OPERATORS; PROHIBITIONS.
84.794OFF-HIGHWAY MOTORCYCLE ACCOUNT; RECEIPTS AND ALLOCATIONS.
84.795OPERATION REQUIREMENTS; LOCAL REGULATION.
84.796PENALTIES.

OFF-ROAD VEHICLES

84.797DEFINITIONS.
84.798REGISTRATION.
84.799VEHICLE IDENTIFICATION NUMBER.
84.80RULEMAKING; ACCIDENT REPORT.
84.801Repealed, 2001 c 185 s 34
84.8015EDUCATION AND TRAINING.
84.802YOUTHFUL OPERATORS; PROHIBITIONS.
84.803OFF-ROAD VEHICLE ACCOUNT; RECEIPTS AND ALLOCATIONS.
84.804OPERATION REQUIREMENTS; LOCAL REGULATION.
84.805PENALTIES.

SNOWMOBILES

84.81DEFINITIONS.
84.82SNOWMOBILE REGISTRATION.
84.8205SNOWMOBILE STATE TRAIL STICKER.
84.821REQUIREMENTS OF MAKERS OF SNOWMOBILES.
84.83SNOWMOBILE TRAILS AND ENFORCEMENT ACCOUNT; RECEIPTS AND ALLOCATIONS.
84.84TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP.
84.85LICENSING BY POLITICAL SUBDIVISIONS.
84.86RULES.
84.862SNOWMOBILE TRAINING REQUIRED.
84.87OPERATION; REGULATIONS BY POLITICAL SUBDIVISIONS.
84.871EQUIPMENT REQUIREMENTS.
84.8712METAL TRACTION DEVICES; PROHIBITION ON PAVED TRAILS.
84.8713MS 2002 Repealed, 1999 c 231 s 94
84.8715Repealed, 1999 c 4 s 5
84.872YOUTHFUL SNOWMOBILE OPERATORS; PROHIBITIONS.
84.873Repealed, 1Sp1997 c 2 s 69
84.88PENALTIES.
84.89CONFISCATION OF SNOWMOBILE USED IN BURGLARY.
84.90LIMITATIONS ON THE OPERATION OF RECREATIONAL MOTOR VEHICLES.
84.901Repealed, 1Sp2005 c 1 art 2 s 162
84.91OPERATION OF SNOWMOBILES AND ALL-TERRAIN VEHICLES BY PERSONS UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCES.
84.911REPORTS OF DEATH.
84.912Repealed, 1Sp1997 c 2 s 69
84.915LAND USE FOR CERTAIN VEHICLES RESTRICTED.

ALL-TERRAIN VEHICLES

84.92DEFINITIONS.
84.922REGISTRATION.
84.923REQUIREMENTS OF MAKERS OF ALL-TERRAIN VEHICLES.
84.924RULEMAKING; ACCIDENT REPORT.
84.925EDUCATION AND TRAINING PROGRAM.
84.9254Repealed, 1Sp1997 c 2 s 69
84.9256YOUTHFUL OPERATORS; PROHIBITIONS.
84.9257PASSENGERS.
84.926VEHICLE USE ON PUBLIC LANDS; EXCEPTIONS.
84.927ALL-TERRAIN VEHICLE ACCOUNT; RECEIPTS AND ALLOCATIONS.
84.928OPERATION REQUIREMENTS; LOCAL REGULATION.
84.929PENALTIES.

MOTORIZED TRAIL GRANTS-IN-AID

84.930MOTORIZED TRAIL GRANTS-IN-AID.

PLANNING AND PROTECTION OF RESOURCES

84.94AGGREGATE PLANNING AND PROTECTION.

FISH AND WILDLIFE RESOURCES

MANAGEMENT PLAN

84.941POLICY.
84.942FISH AND WILDLIFE RESOURCES MANAGEMENT PLAN.

CRITICAL NATURAL HABITAT

84.943MINNESOTA CRITICAL HABITAT PRIVATE SECTOR MATCHING ACCOUNT.
84.944ACQUISITION OF CRITICAL NATURAL HABITAT.

REINVESTMENT IN MINNESOTA

RESOURCES FUND

84.95REINVEST IN MINNESOTA RESOURCES FUND.
84.96NATIVE PRAIRIE BANK.

PRAIRIE LAND MANAGEMENT

84.961PRAIRIE LAND MANAGEMENT.
84.963PRAIRIE PLANT SEED PRODUCTION AREAS.
84.964INTERAGENCY NATIVE VEGETATION TASK FORCE.
84.965APPROVAL OF PROJECT BY GOVERNOR.
84.966Repealed, 1996 c 385 art 2 s 8
84.967Repealed, 1996 c 385 art 2 s 8
84.968Repealed, 1996 c 385 art 2 s 8
84.969Repealed, 1996 c 385 art 2 s 8
84.9691Repealed, 1996 c 385 art 2 s 8
84.9692Repealed, 1996 c 385 art 2 s 8
84.9695Renumbered 17.457

CONTROLLED BURNING

84.97CONTROLLED BURNING.

SHORELAND MANAGEMENT GRANTS

84.975SHORELAND MANAGEMENT GRANTS.

MINNESOTA CONSERVATION CORPS

84.98Repealed, 2003 c 128 art 1 s 176
84.99Repealed, 2003 c 128 art 1 s 176
84.991MINNESOTA CONSERVATION CORPS.
84.01 DEPARTMENT OF NATURAL RESOURCES; COMMISSIONER APPOINTMENT.
    Subdivision 1. Name change. The name of the Department of Conservation is changed to
the Department of Natural Resources. The name of the commissioner of conservation is changed
to the commissioner of natural resources. Subject to the provisions of Laws 1969, chapter 1129,
and other applicable laws, the Department of Natural Resources with its commissioner and
other officers shall continue to exercise all the powers and duties vested in, or imposed upon
its commissioner as existing and constituted immediately prior to the effective date of Laws
1969, chapter 1129.
    Subd. 2. Appointments. The commissioner of natural resources is appointed by the governor
under the provisions of section 15.06. The commissioner may appoint a deputy commissioner.
    Subd. 3. Employees; delegation. Subject to the provisions of Laws 1969, chapter 1129, and
to other applicable laws the commissioner shall organize the department and employ up to three
assistant commissioners, each of whom shall serve at the pleasure of the commissioner in the
unclassified service, one of whom shall have responsibility for coordinating and directing the
planning of every division within the agency, and such other officers, employees, and agents as
the commissioner may deem necessary to discharge the functions of the department, define the
duties of such officers, employees, and agents and to delegate to them any of the commissioner's
powers, duties, and responsibilities subject to the control of, and under the conditions prescribed
by, the commissioner. Appointments to exercise delegated power shall be by written order filed
with the secretary of state.
    Subd. 4. Oath. Before entering upon the duties of office the commissioner of natural
resources shall take and subscribe an oath.
    Subd. 5. Task forces. The commissioner of natural resources may request from time to time,
as the commissioner deems necessary, information and advice on technical natural resource
matters from advisory task forces or individuals having specialized knowledge or experience in
such matters. A task force shall expire and the terms, compensation and removal of members
shall be as provided in section 15.059. The expenses allowed shall be paid from any money
appropriated to the commissioner for salaries, supplies, and expenses.
History: 1969 c 1129 art 3 s 1,4; 1971 c 113 s 1; 1976 c 149 s 16; 1977 c 305 s 18; 1986 c
444; 1987 c 306 s 1; 1987 c 404 s 91; 1991 c 326 s 4; 2003 c 28 art 1 s 2
84.024 [Repealed, 1996 c 310 s 1]
84.025 CONTRACTS FOR PROFESSIONAL AND MAINTENANCE SERVICES.
    Subdivision 1.[Repealed, 1969 c 1129 art 3 s 2]
    Subd. 2.[Repealed, 1969 c 1129 art 3 s 2]
    Subd. 3.[Repealed, 1969 c 1129 art 3 s 2]
    Subd. 4.[Repealed, 1969 c 1129 art 3 s 2]
    Subd. 5.[Repealed, 1969 c 1129 art 3 s 2]
    Subd. 6.[Repealed, 1977 c 172 s 3]
    Subd. 7. Contracts. The commissioner of natural resources may contract with the federal
government, local governmental units, the University of Minnesota, and other educational
institutions, and private persons as may be necessary in the performance of duties. Contracts
made pursuant to this section for professional services shall not be subject to the provisions of
chapter 16C, as they relate to competitive bidding.
    Subd. 8. Recreational areas; maintenance services. Notwithstanding any other law to the
contrary, the commissioner of natural resources may negotiate contracts, with or without requiring
the submission of bids therefor, for the providing of maintenance services for recreational
facilities on land under the control of the commissioner of natural resources. The terms and
conditions of such contracts shall be as agreed upon and shall be such as to promote and
encourage the employment of needy, elderly persons.
    Subd. 9. Professional services support account. The commissioner of natural resources may
bill the various programs carried out by the commissioner for the costs of providing them with
professional support services. Receipts must be credited to a special account in the state treasury
and are appropriated to the commissioner to pay the costs for which the billings were made.
The commissioner of natural resources shall submit to the commissioner of finance before
the start of each fiscal year a work plan showing the estimated work to be done during the coming
year, the estimated cost of doing the work, and the positions and fees that will be necessary. This
account is exempted from statewide and agency indirect cost payments.
    Subd. 10. Recreational vehicles and boats used for public purposes. All snowmobiles
and outboard motors that are purchased by the commissioner of natural resources must be
of the four-stroke engine model, except that the commissioner may purchase models with
two-stroke engines if the commissioner determines that they are as environmentally efficient
or that four-stroke engines are not practical for the intended natural resource management
purpose. The commissioner shall give preference to engine models manufactured in the United
States. All all-terrain vehicles purchased by the commissioner must be manufactured in the
state of Minnesota.
History: 1943 c 60 s 1; 1947 c 609 s 25; 1949 c 467 s 1; 1949 c 739 s 7 subd 1; 1951 c 713 s
10; 1957 c 898 s 1; 1967 c 905 s 2; 1969 c 1129 art 10 s 2; 1971 c 929 s 1; 1986 c 444; 1989 c
335 art 1 s 66; 1995 c 186 s 21; 1998 c 386 art 2 s 24; 2002 c 355 s 1; 2005 c 146 s 1
84.026 CONTRACTS AND GRANTS FOR PROVISION OF NATURAL RESOURCES
SERVICES.
    Subdivision 1. Contracts. The commissioner of natural resources is authorized to enter
into contractual agreements with any public or private entity for the provision of statutorily
prescribed natural resources services by the department. The contracts shall specify the services
to be provided. Funds generated in a contractual agreement made pursuant to this section shall
be deposited in the special revenue fund and are appropriated to the department for purposes of
providing the services specified in the contracts. The commissioner shall report revenues collected
and expenditures made under this subdivision to the chairs of the Committees on Ways and Means
in the house and Finance in the senate by January 1 of each odd-numbered year.
    Subd. 2. Grants. The commissioner is authorized to enter into grant agreements for the
provision of statutorily prescribed natural resources services with any public or private entity. The
grant agreements shall specify the services to be provided to the department and the amount and
method of payment after services are rendered.
    Subd. 3. Procurement law. All contractual and grant agreements under this section shall be
processed according to section 16C.05.
History: 1984 c 654 art 2 s 78; 1985 c 248 s 68; 1986 c 444; 1998 c 386 art 2 s 25; 2003 c
28 art 1 s 3; 2004 c 255 s 2; 2004 c 284 art 2 s 9; 2006 c 281 art 1 s 1
84.0261 DISPOSITION OF REIMBURSEMENT FROM NATURAL DISASTERS.
Notwithstanding any other law to the contrary, money received by the commissioner of
natural resources as reimbursement for damages, losses, or service costs incurred because of
a natural disaster shall be deposited in the special revenue fund and is appropriated to the
commissioner to accomplish the goals of those programs from which funds were diverted in
response to the natural disaster.
History: 1Sp2001 c 2 s 72
84.027 POWERS AND DUTIES.
    Subdivision 1. Powers and duties. The commissioner of natural resources shall be the
administrative and executive head of the department. Subject to the provisions hereof and other
applicable laws, the commissioner shall have the powers and duties herein prescribed. The
enumeration of specific powers and duties herein shall not limit or exclude other powers or duties.
    Subd. 2. General. The commissioner shall have charge and control of all the public lands,
parks, timber, waters, minerals, and wild animals of the state and of the use, sale, leasing, or
other disposition thereof, and of all records pertaining to the performance of the commissioner's
functions relating thereto.
    Subd. 3. Former powers and duties of commissioner of conservation. The commissioner
shall have all the powers and duties prescribed for the commissioner of conservation by Laws
1931, chapter 186, all the powers and duties therein prescribed for the Conservation Commission
except the power to appoint a commissioner, and all other powers and duties now prescribed by
law for the commissioner of conservation, the Conservation Commission, the Department of
Conservation, its divisions, or the director of any division.
    Subd. 4. Certain powers and duties of state auditor. The commissioner shall have all
existing powers and duties now or heretofore vested in or imposed upon the state auditor in any
capacity and not heretofore transferred to any other officer or agency with respect to the public
lands, parks, timber, waters, and minerals of the state, and the records thereof; provided, that
nothing herein shall divest the state auditor of any power or duty otherwise prescribed by law
with respect to auditing, accounting, disbursement, or other disposition of funds pertaining to the
matters herein specified, nor of any power or duty expressly vested in or imposed upon the state
auditor by the following provisions of law:
(1) The provisions of Mason's Minnesota Statutes 1927, section 76, so far as the same
pertain to the crediting of payments on account of state lands, timber, or other products to the
proper funds, or to the depositing and keeping of conveyances and abstracts of title; also all other
provisions pertaining to the filing or keeping of deeds, grants, or conveyances to the state or
abstracts or other evidence of title to state property;
(2) All provisions pertaining to escheated property;
(3) Mason's Minnesota Statutes 1927, sections 2220, 6442 to 6449, 6646, 6660, and 8223.
    Subd. 5. Descriptions of lands. The commissioner shall have all the powers and duties
prescribed for the state auditor by Mason's Supplement 1940, sections 5620-1 to 5620-13, 6452-1
to 6452-13, and 4031-75 to 4031-88, with respect to the receipt, filing, keeping, and certification
of reports, lists, and records of descriptions of lands, reserving to the state auditor all other powers
and duties therein prescribed for the state auditor. The county auditor shall make and transmit to
the state auditor all the certificates and reports therein required except certificates and reports of
land descriptions, which shall be made and transmitted to the commissioner.
    Subd. 6. Land sales and conveyances. The commissioner shall have all the powers and
duties prescribed for the state auditor by Mason's Supplement 1940, sections 5620-13 1/2 to
5620-13 1/2j, as amended, and 2139-27b to 2139-27k, as amended, with respect to the receipt,
filing, and keeping of reports of sales of land and the execution of conveyances, reserving to the
state auditor all other powers and duties therein prescribed for the state auditor. The county
auditors shall make and transmit to the commissioner all the certificates and reports therein
required to be made to the state auditor with respect to such sales and conveyances. The county
treasurers shall make all reports of collections thereunder in duplicate and shall transmit a copy of
each report to the commissioner of finance and the commissioner.
    Subd. 7. Limitation of powers. Except as otherwise expressly provided, nothing herein shall
confer on the commissioner any authority over any property of the state devoted pursuant to law
to any specific purpose under any officer or agency of the state other than the commissioner or the
Department of Natural Resources or its divisions.
    Subd. 8. Selection of lands for certain purposes. The commissioner of natural resources
may select from any available lands owned by the United States in this state such lands as the
commissioner deems suitable in lieu of any deficiencies which may have occurred in grants of
school lands or other lands heretofore made to the state under any act of Congress, and may, with
the approval of the Executive Council, accept on behalf of the state any grants or patents of lands
so selected issued by the United States to the state.
This subdivision shall not be deemed to amend, supersede, or repeal any existing law, but
shall be supplementary thereto.
    Subd. 9. Condemnation with landowner's consent. If authorized by law to acquire any
interest in real estate, the commissioner of natural resources may acquire by condemnation with
the written consent of the landowner, that real estate which the commissioner deems to be
in the best interests of the state. This subdivision shall apply only in those situations where
condemnation is not otherwise authorized for the acquisition.
    Subd. 10. Sale of surplus lands to local governments for recreational or natural
resources purposes. (a) The commissioner, with the approval of the state Executive Council,
may sell the class of land or interest in land under paragraph (b) to a county, home rule charter
or statutory city, town, or other governmental subdivision of the state for public use, including
recreational or natural resource purposes.
(b) The commissioner may sell the class of land or interest in land that has been acquired by
gift, purchase, or eminent domain and the commissioner has declared surplus. The commissioner
shall declare land surplus in writing and state the reasons why the land or interest in land is no
longer needed.
(c) The commissioner shall appraise the land or interest in land before the land or interest
in land is sold, and may sell the land or interest in land for less than the appraised value if the
commissioner determines, in writing, that it is in the public interest.
(d) The commissioner shall convey the state's interest in the name of the state by quitclaim
deed in a form approved by the attorney general. The deed must reserve to the state minerals
and mineral rights in the manner provided in sections 93.01 and 93.02, and provide that the
land or interest in land reverts to the state if the governmental subdivision acquiring the land or
interest in land:
(1) fails to provide the public use intended on the property;
(2) allows a public use other than the public use agreed to by the commissioner at the time of
conveyance without the written approval of the commissioner; or
(3) abandons the public use of the property.
    Subd. 11. Federal conservation grants. The commissioner of natural resources shall
receive and administer grants under the land and water conservation grant program authorized by
Congress in the Land and Water Conservation Fund Act of 1965, as amended.
    Subd. 12. Property disposal; gift acknowledgment; advertising sales. (a) The
commissioner may give away to members of the public items with a value of less than $50 that
are intended to promote conservation of natural resources or create awareness of the state and its
resources or natural resource management programs. The total value of items given to the public
under this paragraph may not exceed $25,000 per year.
(b) The commissioner may recognize the contribution of money or in-kind services on
plaques, signs, publications, audio-visual materials, and media advertisements by allowing the
organization's contribution to be acknowledged in print of readable size.
(c) The commissioner may accept paid advertising for departmental publications. Advertising
revenues received are appropriated to the commissioner to be used to defray costs of publications,
media productions, or other informational materials. The commissioner may not accept paid
advertising from any elected official or candidate for elective office.
    Subd. 13. Game and fish rules. (a) The commissioner of natural resources may adopt rules
under sections 97A.0451 to 97A.0459 and this subdivision that are authorized under:
(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and areas, to
select hunters for areas, to provide for tagging and registration of game and fish, to prohibit or
allow taking of wild animals to protect a species, to prevent or control wildlife disease, and to
prohibit or allow importation, transportation, or possession of a wild animal;
(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng roots and
wild rice and to restrict or prohibit harvesting in designated areas; and
(3) section 84D.12 to designate prohibited invasive species, regulated invasive species,
unregulated nonnative species, and infested waters.
(b) If conditions exist that do not allow the commissioner to comply with sections 97A.0451
to 97A.0459, the commissioner may adopt a rule under this subdivision by submitting the rule to
the attorney general for review under section 97A.0455, publishing a notice in the State Register
and filing the rule with the secretary of state and the Legislative Coordinating Commission, and
complying with section 97A.0459, and including a statement of the emergency conditions and a
copy of the rule in the notice. The notice may be published after it is received from the attorney
general or five business days after it is submitted to the attorney general, whichever is earlier.
(c) Rules adopted under paragraph (b) are effective upon publishing in the State Register and
may be effective up to seven days before publishing and filing under paragraph (b), if:
(1) the commissioner of natural resources determines that an emergency exists;
(2) the attorney general approves the rule; and
(3) for a rule that affects more than three counties the commissioner publishes the rule
once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a rule that
affects three or fewer counties the commissioner publishes the rule once in a legal newspaper in
each of the affected counties.
(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause (3),
may not be effective earlier than seven days after publication.
(e) A rule published under paragraph (c), clause (3), may be effective the day the rule is
published if the commissioner gives notice and holds a public hearing on the rule within 15
days before publication.
(f) The commissioner shall attempt to notify persons or groups of persons affected by rules
adopted under paragraphs (b) and (c) by public announcements, posting, and other appropriate
means as determined by the commissioner.
(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is effective for
the period stated in the notice but not longer than 18 months after the rule is adopted.
    Subd. 14. Mission; efficiency. It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources and
operate the department as efficiently as possible;
(3) coordinate the department's activities wherever appropriate with the activities of other
governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase public participation
in the business of government;
(5) utilize constructive and cooperative labor-management practices to the extent otherwise
required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency operations and the accomplishment
of agency goals in the agency's biennial budget according to section 16A.10, subdivision 1; and
(7) recommend to the legislature appropriate changes in law necessary to carry out the
mission and improve the performance of the department.
    Subd. 15. Electronic transactions. (a) The commissioner may receive an application for,
sell, and issue any license, stamp, permit, pass, sticker, duplicate safety training certification,
registration, or transfer under the jurisdiction of the commissioner by electronic means, including
by telephone. Notwithstanding section 97A.472, electronic and telephone transactions may be
made outside of the state. The commissioner may:
(1) provide for the electronic transfer of funds generated by electronic transactions, including
by telephone;
(2) assign an identification number to an applicant who purchases a hunting or fishing license
or recreational vehicle registration by electronic means, to serve as temporary authorization
to engage in the activity requiring a license or registration until the license or registration is
received or expires;
(3) charge and permit agents to charge a fee of individuals who make electronic transactions
and transactions by telephone or Internet, including issuing fees and an additional transaction fee
not to exceed $3.50;
(4) establish, by written order, an electronic licensing system commission to be paid
by revenues generated from all sales made through the electronic licensing system. The
commissioner shall establish the commission in a manner that neither significantly overrecovers
nor underrecovers costs involved in providing the electronic licensing system; and
(5) adopt rules to administer the provisions of this subdivision.
(b) The fees established under paragraph (a), clause (3), and the commission established
under paragraph (a), clause (4), are not subject to the rulemaking procedures of chapter 14 and
section 14.386 does not apply.
(c) Money received from fees and commissions collected under this subdivision, including
interest earned, is annually appropriated from the game and fish fund and the natural resources
fund to the commissioner for the cost of electronic licensing.
    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.
    Subd. 17. Background checks for volunteer instructors. (a) The commissioner may
conduct background checks for volunteer instructor applicants for department safety training and
education programs, including the programs established under sections 84.791 (youth off-highway
motorcycle safety education and training), 84.86 and 84.862 (youth and adult snowmobile safety
training), 84.925 (youth all-terrain vehicle safety education and training), 97B.015 (youth firearms
safety training), and 97B.025 (hunter and trapper education and training).
(b) The commissioner shall perform the background check by retrieving criminal history
data maintained in the criminal justice information system (CJIS) and other data sources.
(c) The commissioner shall develop a standardized form to be used for requesting a
background check, which must include:
(1) a notification to the applicant that the commissioner will conduct a background check
under this section;
(2) a notification to the applicant of the applicant's rights under paragraph (d); and
(3) a signed consent by the applicant to conduct the background check expiring one year
from the date of signature.
(d) The volunteer instructor applicant who is the subject of a background check has the
right to:
(1) be informed that the commissioner will request a background check on the applicant;
(2) be informed by the commissioner of the results of the background check and obtain a
copy of the background check;
(3) obtain any record that forms the basis for the background check and report;
(4) challenge the accuracy and completeness of the information contained in the report
or a record; and
(5) be informed by the commissioner if the applicant is rejected because of the result
of the background check.
History: 1943 c 60 s 2; 1953 c 382 s 1; 1969 c 1129 art 10 s 2; 1976 c 96 s 1; 1986 c 444;
1988 c 628 s 1; 1993 c 172 s 32; 1994 c 509 s 1; 1995 c 233 art 2 s 39; 1995 c 248 art 11 s 6;
1996 c 385 art 2 s 1; 1997 c 7 art 1 s 20; 1997 c 216 s 58; 1998 c 366 s 53; 1999 c 92 s 1;
1999 c 231 s 83; 2003 c 128 art 1 s 12; 2004 c 221 s 2; 2004 c 243 s 3; 2004 c 255 s 3; 2005 c
146 s 2,3; 1Sp2005 c 1 art 2 s 13,14
84.0271 [Repealed, 1984 c 553 s 2]
84.0272 PROCEDURE IN ACQUIRING LANDS.
    Subdivision 1. Acquisition procedure. When the commissioner of natural resources is
authorized to acquire lands or interests in lands the procedure set forth in this section shall apply.
The commissioner of natural resources shall first prepare a fact sheet showing the lands to be
acquired, the legal authority for their acquisition, and the qualities of the land that make it a
desirable acquisition. The commissioner of natural resources shall cause the lands to be appraised.
An appraiser shall before entering upon the duties of office take and subscribe an oath to faithfully
and impartially discharge the duties as appraiser according to the best of the appraiser's ability
and that the appraiser is not interested directly or indirectly in any of the lands to be appraised
or the timber or improvements thereon or in the sale thereof and has entered into no agreement
or combination to purchase the same or any part thereof, which oath shall be attached to the
report of the appraisal. The commissioner of natural resources may pay less than the appraised
value, but shall not agree to pay more than ten percent above the appraised value, except that if
the commissioner pays less than the appraised value for a parcel of land, the difference between
the purchase price and the appraised value may be used to apply to purchases at more than the
appraised value. The sum of accumulated differences between appraised amounts and purchases
for more than the appraised amount may not exceed the sum of accumulated differences between
appraised amounts and purchases for less than the appraised amount. New appraisals may be
made at the discretion of the commissioner of natural resources.
    Subd. 2. Stream easements. (a) Notwithstanding subdivision 1, the commissioner may
acquire permanent stream easements for angler access, fish management, and habitat work for
a onetime payment based on a value attributed to both the stream and the easement corridor.
The payment shall equal:
(1) the per linear foot of stream within the easement corridor times $5; plus
(2) the easement corridor acres times the estimated market value.
(b) The estimated market value is equal to:
(1) the total farm market value plus the timberlands value; divided by
(2) the acres of deeded farmland plus the acres of timber.
(c) The total farm market value, timberlands value, acres of deeded farmland, and acres of
timber are determined from data collected by the Department of Revenue during its annual spring
mini abstract survey. The commissioner must use the most recent available data for the city or
township within which the easement corridor is located.
(d) The commissioner shall periodically review the easement payment rates under this
subdivision to determine whether the stream easement payments reflect current shoreland market
values. If the commissioner determines that the easements do not reflect current shoreland
market values, the commissioner shall report to the senate and house of representatives natural
resources policy committees with recommendations for changes to this subdivision that are
necessary for the stream easement payment rates to reflect current shoreland market values. The
recommendations may include an adjustment to the dollar amount in paragraph (a), clause (1).
    Subd. 3. Minimal value acquisition. (a) Notwithstanding subdivision 1, if the commissioner
determines that lands or interests in land have a value less than $5,000, the commissioner may
acquire the lands for the value determined by the commissioner without an appraisal. The
commissioner shall make the determination based upon available information including, but
not limited to:
(1) the most recent assessed market value of the land or interests in land as determined by the
county assessor of the county in which the land or interests in land is located;
(2) a sale price of the land or interests in land, provided the sale occurred within the past year;
(3) the sale prices of comparable land or interests in land located in the vicinity and sold
within the past year; or
(4) an appraisal of the land or interests in land conducted within the past year.
(b) In the event the value is minimal, the commissioner may add a transaction incentive,
provided that the sum of the incentive plus the value of the land does not exceed $1,000.
    Subd. 4. Agreement by landowner. The commissioner shall utilize the valuation methods
prescribed in subdivisions 2 and 3 only with prior consent of the landowner from whom the state
proposes to purchase land or interests in land.
History: 1975 c 144 s 1; 1980 c 458 s 10; 1984 c 553 s 1; 1986 c 444; 1987 c 404 s 92;
1989 c 335 art 1 s 67; 2002 c 366 s 1; 2004 c 262 art 2 s 1,2
84.0273 ESTABLISHMENT OF BOUNDARY LINES RELATING TO CERTAIN STATE
LANDHOLDINGS.
In order to resolve boundary line issues affecting the ownership interests of the state and
adjacent landowners, the commissioner of natural resources may, in the name of the state upon
terms the commissioner deems appropriate, convey, by a boundary line agreement, quitclaim
deed, or management agreement in such form as the attorney general approves, such rights, titles,
and interests of the state in state lands for such rights, titles and interests in adjacent lands as
are necessary for the purpose of establishing boundaries. A notice of the proposed conveyance
and a brief statement of the reason therefor shall be published once in the State Register by the
commissioner between 15 and 30 days prior to conveyance. The provisions of this section are
not intended to replace or supersede laws relating to land exchange or disposal of surplus state
property.
History: 1980 c 458 s 9; 1986 c 444; 1993 c 285 s 1; 1997 c 216 s 59
84.0274 LANDOWNERS' BILL OF RIGHTS.
    Subdivision 1. Citation. This section may be cited as "the landowners' bill of rights."
    Subd. 2. Policy. It is the intent of this section to clarify the responsibilities of the state in the
natural resources land acquisition process and to provide additional protections to landowners in
their dealings with the state.
    Subd. 3. Condemnation limits. No lands shall be acquired by the commissioner of natural
resources by means of condemnation unless the owner requests that the owner's lands be
condemned or the condemnation is specifically authorized by law.
    Subd. 4. Rights cumulative. The protections for landowners and responsibilities of the state
set forth in this section shall not limit, but shall be in addition to all rights and responsibilities
contained in state or federal law.
    Subd. 5. Owner's rights. When the state proposes to purchase in fee or any lesser interest in
land which will be administered by the commissioner of natural resources, the landowner shall
have the following rights:
(a) The right to be informed of the specific intended use of the property and of any change in
the intended use of the property which occurs during the acquisition process. The owner shall
also be informed that the documents regarding the purchase will be public records if the land
is purchased by the state;
(b) The right to be paid a fair price for the property. The price shall include the fair market
value of the land plus:
(1) All necessary incidental costs such as abstracting and recording fees related to the sale.
The costs of clearing title defects, paying taxes, and attorney's fees are not reimbursable; and
(2) Any penalties incurred by the owner where the property is security for a loan or advance
of credit that contains a provision requiring or permitting the imposition of a penalty if the loan or
advance of credit is prepaid;
(c) The right to payment, at the owner's election, in a lump sum or in up to four annual
installments;
(d) The right to have the property fairly appraised by the state. The state's appraiser shall
physically inspect the property and shall allow the owner along when the appraisal is made. The
state's appraiser shall certify in the appraisal report to having physically inspected the property
and having given the landowner an opportunity to go along on inspections. The landowner shall
be given a resume of the state's certified appraisal. The resume shall include the appraiser's
conclusions as to value, acreage and type of land, value of buildings and other improvements,
value of timber, special damages and any special elements of value;
(e) The right to retain a qualified independent appraiser to conduct an appraisal at any time
prior to certification of the state's appraisal of the property and to be reimbursed for appraisal
fees as provided in section 117.232, subdivision 1, if the land is sold to the state and to have that
appraisal considered along with the state's in certifying the selling price;
(f) The right to have the state acquire the property by means of condemnation upon the
owner's request with the agreement of the commissioner;
(g) The right to receive or waive relocation assistance, services, payments and benefits
as provided in sections 117.52 and 117.521;
(h) The right to accept the state's offer for the property and contest the state's offer for
relocation and moving expenses;
(i) The right to continue occupancy of the property until full payment is received, provided
that when the owner elects to receive payment in annual installments pursuant to clause (c), the
owner may retain occupancy until the first payment is made; and
(j) The right to seek the advice of counsel regarding any aspect of the land transaction.
    Subd. 6. State's responsibilities. When the state proposes to purchase land for natural
resources purposes, the commissioner of natural resources and, where applicable, the
commissioner of administration shall have the following responsibilities:
(a) The responsibility to deal fairly and openly with the landowner in the purchase of
property;
(b) The responsibility to refrain from discussing price with the landowner before an appraisal
has been made. In addition, the same person shall not both appraise and negotiate for purchase of
a tract of land;
(c) The responsibility to use private fee appraisers to lower the state's acquisition costs to
the greatest extent practicable; and
(d) The responsibility to acquire land in as expeditious a manner as possible. No option shall
be made for a period of greater than two months if no survey is required or for nine months if a
survey is required, unless the landowner, in writing, expressly requests a longer period of time.
Provided that, if county board approval of the transaction is required pursuant to section 97A.145,
no time limits shall apply. If the state elects not to purchase property upon which it has an option,
it shall pay the landowner $500 after the expiration of the option period. If the state elects to
purchase the property, unless the landowner elects otherwise, payment to the landowner shall be
made no later than 90 days following the state's election to purchase the property provided that
the title is marketable and the owner acts expeditiously to complete the transaction.
    Subd. 7. Disclosure. When the state proposes to purchase lands for natural resources
purposes, the landowner shall be given a written statement in lay terms of the rights and
responsibilities provided for in subdivisions 5 and 6. Before a purchase can be made, the
landowner must sign a statement acknowledging in writing that the statement has been provided
and explained to the landowner. Within 60 days following the date of final approval of Laws
1980, chapter 45B, the commissioner of natural resources shall submit a proposed form for the
statement to the Legislative-Citizen Commission on Minnesota Resources. The commission
shall review the proposed form for compliance with the intent of this section and shall make
any changes which it deems proper.
    Subd. 8. Exception for railroad right-of-way acquisitions. When the commissioner of
natural resources acquires abandoned railroad right-of-way from a railroad, railroad holding
company, or similar entity, any or all of the provisions of this section may be waived by mutual
agreement of the commissioner and the landowner.
    Subd. 9. Exception for nonprofit organizations and governmental entities. When the
commissioner acquires land or interests in land from a nonprofit organization or governmental
entity, any or all of the provisions of this section may be waived by mutual agreement of the
commissioner and the nonprofit organization or governmental entity.
    Subd. 10. Right of first refusal agreement. The commissioner may enter into a right of
first refusal agreement with a landowner prior to determining the value of the land. No right of
first refusal agreement shall be made for a period of greater than two years and payment to the
landowner for entry into the agreement shall not exceed $5,000.
History: 1980 c 458 s 1-7; 1986 c 386 art 4 s 5; 1986 c 444; 1988 c 690 art 1 s 1; 1989 c
335 art 1 s 68,269; 1Sp2005 c 1 art 2 s 15,16; 2006 c 243 s 21
84.0275 VIOLATIONS.
If the state acquires any land for natural resources purposes in violation of any of the
provisions of section 84.0274, subdivisions 5 to 7, the landowner may maintain an action against
the commissioner of natural resources for any damages suffered. However, no title to land
purchased for natural resources purposes will be invalid as a result of such violations.
History: 1980 c 458 s 8
84.0276 LAND TRANSFERS BY A FEDERAL AGENCY.
Before the commissioner of natural resources accepts agricultural land or a farm homestead
transferred in fee by a federal agency, the commissioner must consult with the Board of Water and
Soil Resources for a determination of marginal land, tillable farmland, and farm homestead. The
commissioner must comply with the acquisition procedure under section 97A.145, subdivision
2
, if the agricultural land or farm homestead was in an agricultural preserve as provided in
section 40A.10.
History: 1989 c 350 art 6 s 1; 1989 c 353 s 7
84.028 COMMISSIONER OF NATURAL RESOURCES, SPECIFIC ASSIGNMENTS.
    Subdivision 1. Commissioner to control department responsibilities. The powers, duties
and responsibilities of the Department of Natural Resources relating to boat safety, firearm safety,
wild rice harvest program, ginseng harvest program, and such other programs as are now or
hereafter vested by statute in the Department of Natural Resources, shall be under the control and
supervision of the commissioner of natural resources.
    Subd. 2. Development and planning duties. The overall coordination of acquisition and
development programs, comprehensive planning activities, including statewide recreational
planning programs required by state or federal law, and not the responsibility of the commissioner
of employment and economic development, are under the control and supervision of the
commissioner.
    Subd. 3. Game warden duties; conservation officers. The operation of the Game Warden
Service in the Division of Game and Fish as constituted before July 1, 1967 is under the direct
control and supervision of the commissioner. The name of the personnel in such Game Warden
Service is changed to conservation officers. Conservation officers shall continue to have the
powers and duties of game wardens as they existed before July 1, 1967 and may be assigned to
public relations, conservation instructional activities, and the enforcement of laws relating to
resources management which the commissioner shall direct. The commissioner shall create
a separate division entitled the Division of Enforcement and Field Service, to be composed of
conservation officers and shall appoint a director of the division. The commissioner may place
the director's position in the unclassified service if the position meets the criteria established
in section 43A.08, subdivision 1a.
History: 1967 c 905 s 3; 1969 c 1129 art 3 s 5; art 10 s 2; 1979 c 94 s 1; 1981 c 356 s 100;
1982 c 560 s 41; 1983 c 289 s 115 subd 1; 1987 c 312 art 1 s 26 subd 2; 1Sp2003 c 4 s 1
84.0285 GAME AND FISH CITATION QUOTAS PROHIBITED.
The commissioner of natural resources, or the director of the Division of Enforcement and
Field Service, may not order, mandate, require, or in any manner suggest, directly or indirectly, to
a conservation officer that the conservation officer issue a certain number of game and fish law
violations on a daily, weekly, monthly, quarterly, or yearly quota basis.
History: 1986 c 386 art 4 s 6; 1986 c 474 s 1; 2001 c 32 s 1
84.0286 CONSERVATION OFFICER PATROL VEHICLE SECURITY BARRIER;
EXEMPTION.
Marked conservation officer patrol vehicles are exempt from any law or rule requiring a
security barrier in the vehicle.
History: 2004 c 260 s 1
84.029 RECREATIONAL AREAS ON PUBLIC LAND.
    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 84.0835 to enforce
laws governing the use of recreational areas. The commissioner may establish the recreational
areas by written order published in the State Register.
    Subd. 2. Acquisition of land for trails. The commissioner may acquire, by gift, purchase, or
lease, easements or other interests in land for trails, and recreational uses related to trails, where
necessary to complete trails established primarily in state forests, state parks, or other public land
under the jurisdiction of the commissioner, when railroad rights-of-way are abandoned, when
the use of township roads is compatible with vehicular travel, and when needed to complete
trails established by the legislature.
    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.
History: 1969 c 190 s 1,2; 1969 c 1129 art 10 s 2; 1973 c 713 s 1; 1975 c 353 s 13; 1986 c
444; 2003 c 128 art 1 s 13; 2004 c 221 s 3,4; 2004 c 260 s 2
84.03 ADDITIONAL DUTIES AND POWERS.
So far as practicable the commissioner shall collect and arrange statistics and other
information in reference to the lands and general and special resources of the state.
The commissioner is hereby authorized and empowered to take such measures as the
commissioner may deem advisable to advertise, both within and without the state, sales of all
state lands, and to secure, compile, and issue such valuable statistics of the resources of the state.
The commissioner may adopt and promulgate reasonable rules, not inconsistent with law,
governing the use and enjoyment of state land reserved from sale, state parks, state water access
sites, state trails, state monuments, state scientific and natural areas, state wilderness areas,
and recreational areas owned by other state, local and federal agencies and operated under
agreement by the Department of Natural Resources, which shall have the force and effect of law.
A reasonable fee may be fixed, charged, and collected by the commissioner for the privilege of
the use of any or all of the foregoing privileges and facilities.
The commissioner, on or before November 15 of each even numbered year, shall report to
the legislature the commissioner's acts and doings, with recommendation for the improvement
or conservation of state parks, state water access sites, state trails, and state monuments, state
scientific and natural areas, state forests, state wildlife management areas, public hunting grounds,
public shooting grounds, food and cover planting areas, wildlife lands, recreational or public
hunting areas, state wild and scenic rivers, state wilderness areas, and all other recreational lands
under the jurisdiction of the Department of Natural Resources, and for desirable accessions
thereto, such report to include an inventory of the tracts and parcels of land, and rights, interests,
and easements therein, held by the state or withdrawn from sale for any of these purposes, with
the value thereof, and a list of the name, location, size, and description of each state trail, state
scientific and natural area, state wildlife management area, state water access site, and state wild,
scenic, or recreational river designated by the commissioner, and each public hunting grounds,
public shooting grounds, food and cover planting area, wildlife lands, and recreational or public
hunting area acquired by the commissioner since the last report. The commissioner shall maintain
a long range plan governing the use of the public domain under the commissioner's jurisdiction.
History: (77, 4342, 6460, 6466) 1905 c 201 s 1; 1907 c 267 s 5; 1923 c 430 s 8,14; 1941 c
222 s 1; 1967 c 905 s 4; 1969 c 470 s 2; 1969 c 1129 art 10 s 2; 1974 c 406 s 59; 1975 c 353
s 14; 1985 c 248 s 70; 1986 c 444
84.031 [Repealed, 1990 c 391 art 10 s 4]
84.032 [Repealed, 1990 c 391 art 10 s 4]
84.033 SCIENTIFIC AND NATURAL AREAS.
    Subdivision 1. Acquisition; designation. 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.
    Subd. 2.[Repealed, 2005 c 161 s 26]
    Subd. 3. County approval. The commissioner must follow the procedures under section
97A.145, subdivision 2, when acquiring land for designation as a scientific and natural area
under this section.
History: 1969 c 470 s 1; 1969 c 1129 art 10 s 2; 1973 c 35 s 22; 1975 c 353 s 15; 2004 c
221 s 5; 2004 c 262 art 2 s 3; 2005 c 161 s 1
84.034 MAINTENANCE OF CEMETERY IN WHITEWATER WILDLIFE
MANAGEMENT AREA.
The commissioner shall maintain in a proper and decent manner and keep free of weeds any
cemetery in the Whitewater State Wildlife Management Area.
History: 1986 c 386 art 4 s 7
84.035 PEATLAND PROTECTION.
    Subdivision 1. Citation. Sections 84.035 and 84.036 may be cited as the "Minnesota
Peatland Protection Act."
    Subd. 2. Findings. The legislature finds that certain Minnesota peatlands possess unique
scientific, aesthetic, vegetative, hydrologic, geologic, wildlife, wilderness, and educational
values and represent the various peatland ecological types in the state. The legislature finds that
it is desirable and appropriate to protect and preserve these patterned peatlands as a peatland
management system through establishment and designation of certain peatland core areas as
scientific and natural areas.
    Subd. 3. Definitions. Unless language or context clearly indicates that a different meaning is
intended, the following terms, for the purposes of sections 84.035 and 84.036, have the meanings
given to them.
(a) "Winter road" means an access route which may be used by vehicles only when the
substrate is frozen, except as provided in subdivision 5, paragraph (b), clause (3).
(b) "Corridors of disturbance" means rights-of-way which are in existence on the effective
date of Laws 1991, chapter 354, such as ditches, ditch banks, transmission lines, pipelines,
permanent roads, winter roads, and recreational trails. The existence, on the effective date of
Laws 1991, chapter 354, of a corridor of disturbance may be demonstrated by physical evidence,
document recorded in the office of county recorder or other public official, aerial survey, or
other evidence similar to the above.
(c) "State land" means land owned by the state of Minnesota and administered by the
commissioner.
    Subd. 4. Designation of peatland scientific and natural areas. Within the peatland areas
described in section 84.036, state lands are hereby established and designated as scientific and
natural areas to be preserved and managed by the commissioner in accordance with subdivision 5
and section 86A.05, subdivision 5.
    Subd. 5. Activities in peatland scientific and natural areas. Areas designated in
subdivision 4 as peatland scientific and natural areas are subject to the following conditions:
(a) Except as provided in paragraph (b), all restrictions otherwise applicable to scientific and
natural areas designated under section 86A.05, subdivision 5, apply to the surface use and to any
use of the mineral estate which would significantly modify or alter the peatland water levels or
flows, peatland water chemistry, plant or animal species or communities, or other natural features
of the peatland scientific and natural areas, including, but not limited to, the following prohibitions:
(1) construction of any new public drainage systems after the effective date of Laws 1991,
chapter 354, or improvement or repair to a public drainage system in existence on the effective
date of Laws 1991, chapter 354, under authority of chapter 103E, or any other alteration of
surface water or groundwater levels or flows unless specifically permitted under paragraph (b),
clause (5) or (6);
(2) removal of peat, sand, gravel, or other industrial minerals;
(3) exploratory boring or other exploration or removal of oil, natural gas, radioactive
materials or metallic minerals which would significantly modify or alter the peatland water
levels or flows, peatland water chemistry, plant or animal species or communities, or natural
features of the peatland scientific and natural areas, except in the event of a national emergency
declared by Congress;
(4) commercial timber harvesting;
(5) construction of new corridors of disturbance, of the kind defined in subdivision 3, after
June 5, 1991; and
(6) ditching, draining, filling, or any other activities which modify or alter the peatland water
levels or flows, peatland water chemistry, plant or animal species or communities, or other natural
features of the peatland scientific and natural areas.
(b) The following activities are allowed:
(1) recreational activities, including hunting, fishing, trapping, cross-country skiing,
snowshoeing, nature observation, or other recreational activities permitted in the management
plan approved by the commissioner;
(2) scientific and educational work and research;
(3) maintenance of corridors of disturbance, including survey lines and preparation of winter
roads, consistent with protection of the peatland ecosystem;
(4) use of corridors of disturbance unless limited by a management plan adopted by the
commissioner under subdivision 6;
(5) improvements to a public drainage system in existence on the effective date of Laws
1991, chapter 354, only when it is for the protection and maintenance of the ecological integrity
of the peatland scientific and natural area and when included in a management plan adopted by
the commissioner under subdivision 6;
(6) repairs to a public drainage system in existence on the effective date of Laws 1991,
chapter 354, which crosses a peatland scientific and natural area and is used for the purposes of
providing a drainage outlet for lands outside of the peatland scientific and natural area, provided
that there are no other feasible and prudent alternative means of providing the drainage outlet.
The commissioner shall cooperate with the ditch authority in the determination of any feasible
and prudent alternatives. No repairs which would significantly modify or alter the peatland
water levels or flows, peatland water chemistry, plant or animal species or communities, or
other natural features of the peatland scientific and natural areas shall be made unless approved
by the commissioner;
(7) motorized uses on a corridor of disturbance, if the corridor existed on or before January
1, 1992, provided that recreational motorized uses may occur only when the substrate is frozen,
or the corridor is snow packed, subject to a management plan developed in accordance with
subdivision 6;
(8) control of forest insects, disease, and wildfires, as described in a management plan
adopted by the commissioner under subdivision 6; and
(9) geological and geophysical surveys which would not significantly modify or alter the
peatland water levels or flows, peatland water chemistry, plant or animal species or communities,
or other natural features of the peatland scientific and natural areas.
    Subd. 6. Management plans. The commissioner shall develop in consultation with the
affected local government unit a management plan for each peatland scientific and natural area
designated under section 84.036 in a manner prescribed by section 86A.09.
The management plan shall address recreational trails. In those peatland scientific and
natural areas where no corridor of disturbance was used as a recreational trail on or before January
1, 1992, the plan may permit only one corridor of disturbance, in each peatland scientific and
natural area, to be used as a recreational motorized trail.
    Subd. 7. Establishing baseline ecological data. The commissioner shall establish baseline
data on the ecology and biological diversity of peatland scientific and natural areas and provide
for ongoing, long-term ecological monitoring to determine whether changes are occurring in the
peatland scientific and natural areas. This research is intended to identify any changes occurring
in peatland scientific and natural areas as a result of any permitted activities outside the peatland
scientific and natural areas. This baseline data may include, but is not limited to, the history of the
peatlands and their geologic origins, plant and animal communities, hydrology, water chemistry,
and contaminants introduced from remote sources of atmospheric deposition.
    Subd. 8. Ditch abandonments. In order to eliminate repairs or improvements to any
public drainage system that crosses a peatland scientific and natural area in those instances
where the repair or improvement adversely affects an area, the commissioner may petition for
the abandonment of parts of the public drainage system under section 103E.811. If the public
drainage system is necessary as a drainage outlet for lands outside of the peatland scientific and
natural area, the commissioner will cooperate with the ditch authority in the development of
feasible and prudent alternative means of providing a drainage outlet which avoids the crossing of
and damage to the peatland scientific and natural area. In so doing, the commissioner shall grant
flowage easements to the ditch authority for disposal of the outlet water on other state lands. The
ditch authority shall approve the abandonment of parts of any public drainage system crossing a
peatland scientific and natural area if the public drainage system crossing of those areas is not
necessary as a drainage outlet for lands outside of the areas or if there are feasible and prudent
alternative means of providing a drainage outlet without crossing such areas. In any abandonment
under this subdivision the commissioner may enter into an agreement with the ditch authority
regarding apportionment of costs and, contingent upon appropriations of money for that purpose,
may agree to pay a reasonable share of the cost of abandonment.
    Subd. 9. Compensation for trust fund lands. The commissioner shall acquire by exchange
or eminent domain the surface interests, including peat, on trust fund lands contained in peatland
scientific and natural areas established in subdivision 4.
    Subd. 10. Acquisition of peatland scientific and natural areas. The commissioner may
acquire by purchase the surface interests, including peat, of lands within the boundaries of the
peatland areas described in section 84.036, that are owned, or that hereafter become owned, by
the state and administered by the local county board.
The commissioner shall designate any land acquired under this subdivision as peatland
scientific and natural area and preserve and administer any land so acquired and designated in
accordance with subdivision 5 and section 86A.05.
History: 1991 c 354 art 8 s 1; 1992 c 464 art 2 s 1; 1996 c 462 s 1,2; 1997 c 2 s 7
84.036 PEATLAND SCIENTIFIC AND NATURAL AREAS; DESIGNATION.
The following scientific and natural areas are established and are composed of all of the
core peatland areas identified on maps in the 1984 commissioner of natural resources report,
"Recommendations for the Protection of Ecologically Significant Peatlands in Minnesota" and
maps on file at the Department of Natural Resources:
(1) Red Lake Scientific and Natural Area in Beltrami, Koochiching, and Lake of the Woods
Counties;
(2) Myrtle Lake Scientific and Natural Area in Koochiching County;
(3) Lost River Scientific and Natural Area in Koochiching County;
(4) North Black River Scientific and Natural Area in Koochiching County;
(5) Sand Lake Scientific and Natural Area in Lake County;
(6) Mulligan Lake Scientific and Natural Area in Lake of the Woods County;
(7) Lost Lake Scientific and Natural Area in St. Louis County;
(8) Pine Creek Scientific and Natural Area in Roseau County;
(9) Hole in the Bog Scientific and Natural Area in Cass County;
(10) Wawina Scientific and Natural Area in St. Louis County;
(11) Nett Lake Scientific and Natural Area in Koochiching County;
(12) East Rat Root River Scientific and Natural Area in Koochiching County;
(13) South Black River Scientific and Natural Area in Koochiching County;
(14) Winter Road Lake Scientific and Natural Area in Koochiching County;
(15) Sprague Creek Scientific and Natural Area in Roseau County;
(16) Luxemberg Scientific and Natural Area in Roseau County;
(17) West Rat Root River Scientific and Natural Area in Koochiching County; and
(18) Norris Camp Scientific and Natural Area in Lake of the Woods County.
History: 1991 c 354 art 8 s 2
84.081 DEPARTMENT DIVISIONS AND BUREAUS.
    Subdivision 1. Directors. Subject to the commissioner's authority to revise or abolish
existing divisions and to establish new divisions, all as prescribed in section 84.083, subdivision
1
, the Department of Natural Resources shall be organized with the following divisions: a
Division of Lands and Forestry, a Division of Waters, Soils, and Minerals, a Division of Game
and Fish, a Division of Parks and Recreation, and a Division of Enforcement and Field Service.
Each division shall be under the immediate charge of a director, subject to the supervision and
control of the commissioner. The commissioner may place a director's position in the unclassified
service if the position meets the criteria established in section 43A.08, subdivision 1a. They shall
be chosen with regard to knowledge, training, experience, ability in administering the work of
their respective divisions, and with consideration given to applicable professional registration.
    Subd. 2.[Repealed, 1991 c 326 s 27]
    Subd. 3. Directors may employ assistants. Each director, with the approval of the
commissioner, may employ such assistants as may be necessary for the work of the director's
division. Each director, with the approval of the commissioner, may designate one employee as
deputy director, and may revoke such designation at any time, regardless of the civil service status
of such employee and without affecting such status. Each deputy director may exercise all of the
powers of the director, subject to the director's direction and control, including powers delegated
by the commissioner unless otherwise prescribed by the commissioner.
History: 1943 c 60 s 3; 1943 c 601 s 1; 1947 c 587 s 17; 1949 c 356 s 1; 1949 c 739 s 7
subd 2; 1951 c 713 s 11; 1967 c 905 s 5; 1969 c 1129 art 3 s 6; 1973 c 615 s 1; 1982 c 560
s 42; 1986 c 444; 1987 c 306 s 2
84.082 VACANCIES.
In case of a vacancy in the office of commissioner or of any director, the respective deputy
shall have all of the powers and perform all of the duties thereof until a successor, either as
an acting or regular incumbent, has been appointed and has qualified; provided, no deputy
commissioner serving as commissioner in the event of a vacancy shall have power to discharge a
director or to revise or change the assignments of activities among the divisions of the department
or to designate another deputy. While serving in such vacated office a deputy shall receive the
same salary as the regular incumbent.
History: 1943 c 60 s 4; 1986 c 444
84.083 ASSIGNMENT AND DELEGATION OF DUTIES.
    Subdivision 1. Division duties; delegation. Each division shall have charge of administering
the activities indicated by its title and such other duties and functions as may be assigned by the
commissioner, subject to the right of the commissioner to revise and change assignments of any
and all activities or of specific duties or functions at any time as the commissioner may see fit,
including but not limited to the right to abolish or revise existing divisions or to establish new
divisions. The commissioner may, by written order filed in the Office of the Secretary of State,
delegate to the directors or other designated employees, any of the powers or duties vested in
or imposed upon the commissioner by this act or by any other law upon such conditions as the
commissioner may prescribe and subject to modification or revocation at the commissioner's
pleasure. Such delegated powers and duties may be exercised or performed by the respective
directors or other employees in their own names or in the name of the commissioner, as the
commissioner may direct.
    Subd. 2.[Repealed, 1996 c 310 s 1]
    Subd. 3. Purchasing. The director of the Division of Waters may purchase technical and
scientific equipment needed for the functions and duties of the director's office.
    Subd. 4. Appropriations available. Money appropriated to the commissioner of natural
resources for the Division of Waters or its director to conduct hydrologic studies remains
available until spent.
History: 1943 c 60 s 5; 1949 c 356 s 2; 1967 c 905 s 5,6; 1973 c 615 s 2; 1986 c 444;
1990 c 391 art 8 s 10,11
84.0835 DESIGNATION OF EMPLOYEES FOR LIMITED NATURAL RESOURCES
LAW ENFORCEMENT.
    Subdivision 1. Commissioner's authority to designate employees. As provided in
this section, the commissioner may designate by written order certain employees to enforce
laws governing the use of state parks, state monuments, state recreation areas, state waysides,
forest subareas, forest lands under the authority of the commissioner when incidental to trail
management or normal forestry duties, and game preserves and other lands administered as
wildlife management areas. The designation by the commissioner is not subject to rulemaking
under chapter 14 and section 14.386 does not apply.
    Subd. 2. Designated employee authorities; generally. An employee designated under
subdivision 1:
(1) has citizen arrest powers according to sections 629.37 to 629.39;
(2) may issue citations, on a form prescribed by the commissioner, in lieu of arrest for petty
misdemeanor violations and misdemeanor violations, unless the violation occurs in the presence
of a conservation officer or other peace officer, as defined under section 626.84, subdivision
1
, paragraph (c); and
(3) may issue a report of violation to be turned over to a conservation officer or other peace
officer for possible charges at the peace officer's discretion.
    Subd. 3. Citation authority. Employees designated by the commissioner under subdivision
1 may issue citations, as specifically authorized under this subdivision, for violations of:
(1) sections 85.052, subdivision 3 (payment of camping fees in state parks), 85.45,
subdivision 1
(cross-country ski pass), and 85.46 (horse trail pass);
(2) rules relating to hours and days of operation, restricted areas, noise, fireworks,
environmental protection, fires and refuse, pets, picnicking, camping and dispersed camping,
nonmotorized uses, construction of unauthorized permanent trails, mooring of boats, fish cleaning,
swimming, storage and abandonment of personal property, structures and stands, animal trespass,
state park individual and group motor vehicle permits, licensed motor vehicles, designated roads,
and snowmobile operation off trails;
(3) rules relating to off-highway vehicle registration, display of registration numbers,
required equipment, operation restrictions, off-trail use for hunting and trapping, and operation in
lakes, rivers, and streams;
(4) rules relating to off-highway vehicle and snowmobile operation causing damage or in
closed areas within the Richard J. Dorer Memorial Hardwood State Forest;
(5) rules relating to parking, snow removal, and damage on state forest roads; and
(6) rules relating to controlled hunting zones on major wildlife management units.
History: 2004 c 260 s 3; 2006 c 282 art 9 s 6
84.084 TRANSFER OF FUNDS.
The commissioner may authorize the performance of services for any division by any other
division or by the department staff, and, with the approval of the commissioner of administration,
may require appropriate transfers of funds to compensate for the cost of such service.
History: 1943 c 60 s 6
84.0845 ADVANCE OF MATCHING FUNDS.
The commissioner may advance funds appropriated for fish and wildlife programs to
government agencies, the National Fish and Wildlife Foundation, federally recognized Indian
tribes and bands, and private, nonprofit organizations for the purposes of securing nonstate
matching funds for projects involving acquisition and improvement of fish and wildlife habitat
and related research and management. The commissioner shall execute agreements for contracts
with the matching parties under sections 16C.03, subdivision 4, and 16C.05 prior to advancing
any state funds. The agreement or contract shall contain provisions for return of the state's share
and the matching funds within a period of time specified by the commissioner. The state's funds
and the nonstate matching funds must be deposited in a separate account and expended solely for
the purposes set forth in the agreement or contract. The commissioner shall enter into agreements
or contracts only with the National Fish and Wildlife Foundation and federal and nonprofit
authorities deemed by the commissioner to be dedicated to the purposes of the project.
History: 1993 c 269 s 1; 1998 c 386 art 2 s 26
84.0846 NATURAL RESOURCE SEMINARS AND CONFERENCES.
The commissioner of natural resources may advance funds appropriated for natural
resource programs to government agencies, the National Fish and Wildlife Foundation, federally
recognized Indian tribes and bands, colleges and universities, and nonprofit organizations deemed
by the commissioner to be dedicated to the goals and objectives of the department for the purpose
of sponsoring or cosponsoring conferences and seminars related to natural resources issues and
management. The commissioner shall execute grants or contracts with the responsible parties
under section 16C.05 prior to advancing any state funds and the agreements must provide for a
full accounting of how the state's funds will be spent.
History: 2000 c 495 s 2
84.085 MS 1969 [Repealed, Ex1971 c 3 s 77 subd 3]
84.085 ACCEPTANCE OF GIFTS.
    Subdivision 1. Authority. (a) The commissioner of natural resources may accept for and
on behalf of the state any gift, bequest, devise, or grants of lands or interest in lands or personal
property of any kind or of money tendered to the state for any purpose pertaining to the activities
of the department or any of its divisions. Any money so received is hereby appropriated and
dedicated for the purpose for which it is granted. Lands and interests in lands so received may be
sold or exchanged as provided in chapter 94.
(b) When the commissioner of natural resources accepts lands or interests in land, the
commissioner may reimburse the donor for costs incurred to obtain an appraisal needed for tax
reporting purposes. If the state pays the donor for a portion of the value of the lands or interests
in lands that are donated, the reimbursement for appraisal costs shall not exceed $1,500. If the
donor receives no payment from the state for the lands or interests in lands that are donated, the
reimbursement for appraisal costs shall not exceed $5,000.
(c) The commissioner of natural resources, on behalf of the state, may accept and use
grants of money or property from the United States or other grantors for conservation purposes
not inconsistent with the laws of this state. Any money or property so received is hereby
appropriated and dedicated for the purposes for which it is granted, and shall be expended or
used solely for such purposes in accordance with the federal laws and regulations pertaining
thereto, subject to applicable state laws and rules as to manner of expenditure or use providing
that the commissioner may make subgrants of any money received to other agencies, units of
local government, private individuals, private organizations, and private nonprofit corporations.
Appropriate funds and accounts shall be maintained by the commissioner of finance to secure
compliance with this section.
(d) The commissioner may accept for and on behalf of the permanent school fund a donation
of lands, interest in lands, or improvements on lands. A donation so received shall become state
property, be classified as school trust land as defined in section 92.025, and be managed consistent
with section 127A.31.
    Subd. 2. Wetlands. The commissioner of natural resources must accept a gift, bequest,
devise, or grant of wetlands, as defined in section 103G.005, subdivision 19, or public waters
wetlands, as defined in section 103G.005, subdivision 15a, unless:
(1) the commissioner determines that the value of the wetland for water quality, floodwater
retention, public recreation, wildlife habitat, or other public benefits is minimal;
(2) the wetland has been degraded by activities conducted without a required permit by the
person offering the wetland and the person has not taken actions determined by the commissioner
to be necessary to restore the wetland;
(3) the commissioner determines that the wetland has been contaminated by a hazardous
substance as defined in section 115B.02, subdivision 8, a pollutant or contaminant as defined in
section 115B.02, subdivision 13, or petroleum as defined in section 115C.02, subdivision 10, and
the contamination has not been remedied as required under chapter 115B or 115C;
(4) the wetland is subject to a lien or other encumbrance; or
(5) the commissioner, after reasonable effort, has been unable to obtain an access to the
wetland.
History: Ex1971 c 3 s 77 subd 1; 1984 c 654 art 2 s 79; 1989 c 51 s 1; 1991 c 354 art 10 s 1;
1994 c 578 s 1; 1996 c 462 s 43; 1998 c 397 art 11 s 3; 2003 c 28 art 1 s 4; 2003 c 128 art 1
s 14; 2006 c 281 art 3 s 1
84.0855 SALES; RECEIPTS; APPROPRIATION.
    Subdivision 1. Sales authorized; gift certificates. The commissioner may sell natural
resources-related publications and maps; federal migratory waterfowl, junior duck, and other
federal stamps; and other nature-related merchandise, and may rent or sell items for the
convenience of persons using Department of Natural Resources facilities or services. The
commissioner may sell gift certificates for any items rented or sold. Notwithstanding section
16A.1285, a fee charged by the commissioner under this section may include a reasonable
amount in excess of the actual cost to support Department of Natural Resources programs. The
commissioner may advertise the availability of a program or item offered under this section.
    Subd. 1a. Software sales. Notwithstanding section 16E.15, the commissioner may sell or
license intellectual property and software products or services developed by the department or
custom developed by a vendor for the department.
    Subd. 2. Receipts; appropriation. Money received by the commissioner under this section
or to buy supplies for the use of volunteers, may be credited to one or more special accounts in the
state treasury and is appropriated to the commissioner for the purposes for which the money was
received. Money received from sales at the state fair shall be available for state fair related costs.
Money received from sales of intellectual property and software products or services shall be
available for development, maintenance, and support of software products and systems.
    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.
History: 1987 c 404 s 93; 1991 c 254 art 2 s 4; 1992 c 513 art 2 s 19; 1997 c 226 s 6; 1999 c
231 s 84,85; 2004 c 221 s 6; 2005 c 156 art 5 s 23
84.0856 FLEET MANAGEMENT ACCOUNT.
The commissioner of natural resources may bill organizational units within the Department
of Natural Resources for the costs of providing them with equipment. Costs billed may include
acquisition, licensing, insurance, maintenance, repair, and other direct costs as determined by the
commissioner. Receipts and interest earned on the receipts shall be credited to a special account
in the state treasury and are appropriated to the commissioner to pay the costs for which the
billings were made.
History: 1987 c 404 s 94
84.0857 FACILITIES MANAGEMENT ACCOUNT.
The commissioner of natural resources may bill organizational units within the Department
of Natural Resources for the costs of providing them with building and infrastructure facilities.
Costs billed may include modifications and adaptations to allow for appropriate building
occupancy, building code compliance, insurance, utility services, maintenance, repair, and other
direct costs as determined by the commissioner. Receipts shall be credited to a special account
in the state treasury and are appropriated to the commissioner to pay the costs for which the
billings were made.
History: 2004 c 255 s 4
84.086 SEALS, UNIFORMS, AND BADGES.
    Subdivision 1. Seals required. The Department of Natural Resources and the several
divisions thereof shall have seals in the form and design heretofore adopted, bearing the words
"State of Minnesota, Department of Natural Resources," also, in case of a division seal, the title
of the division. The seals may be used to authenticate the official acts of the commissioner or
the directors, respectively, but omission or absence of the seal shall not affect the validity or
force of any such act.
    Subd. 2. Badges and uniforms. (a) The commissioner may provide for the issuance at
state expense of such badges and uniforms as the commissioner deems necessary and suitable
for officers or employees of the department and its divisions.
(b) Uniforms for conservation officers and their supervisors shall be equipped with
distinctive emblems, and shall be distinctive from the uniforms of any division or section of the
Department of Natural Resources, the State Patrol, or any other state department or agency.
History: 1943 c 60 s 8,9; 1965 c 181 s 1; 1967 c 905 s 9; 1969 c 1129 art 10 s 2; 1981
c 37 s 2; 1986 c 444
84.087 KEEPING RECORDS AND ORDERS.
Except as otherwise prescribed or required by law, the originals of all official records, orders,
and other documents made, executed, or issued by or under the authority of the commissioner of
natural resources or the directors of the several divisions of the department shall be filed and kept
in the respective offices where the same were made, executed, or issued, or in such other office in
the department as the commissioner may direct.
History: 1943 c 60 s 10; 1969 c 1129 art 10 s 2
84.0872 SPECIFIC LOCATION DATA.
    Subdivision 1. Definition; general classification. As used in this section, "specific location
data" means data that would enable persons to locate the protected wild animal or endangered,
threatened, or special concern plant or animal identified by the data. Specific location data are
public data unless otherwise classified in this section.
    Subd. 2. Nonpublic data. Specific location data procured by the Department of Natural
Resources that identify protected wild animals, as defined under section 97A.015, subdivision
39
, or species that are designated endangered, threatened, or of special concern under section
84.0895, subdivision 3, are nonpublic data if disclosure is likely to:
(1) hinder management, propagation, or research;
(2) facilitate unfair chase or illegal taking, transport, or sale; or
(3) decrease the likelihood of establishing a protected wild animal or bringing an endangered,
threatened, or special concern species to a point at which it is no longer endangered, threatened,
or of special concern.
If a request for access to specific location data is denied under this subdivision, the
commissioner must provide the requestor with a written explanation of the reason for the denial.
    Subd. 3. Disclosure. The commissioner may disclose data classified as nonpublic under
subdivision 2 to a person, an agency, or the public if the commissioner determines that the
disclosure will promote public benefit by:
(1) aiding the environmental review process;
(2) aiding research, education, or conservation planning; or
(3) providing information to landowners about locations occurring on the landowners'
property, if provision of the information will promote protection of the resource.
History: 2004 c 290 s 23
84.0875 ENVIRONMENTAL LEARNING CENTERS.
The commissioner may acquire and better, or make grants to counties, home rule charter
or statutory cities, or school districts to acquire and better, residential environmental learning
centers where students may learn how to use, preserve, and renew the natural resources of this
state. A facility and reasonable access to it must be owned by the state or a political subdivision
but may be leased to or managed by a nonprofit organization to carry out an environmental
learning program established by the commissioner. The lease or management agreement must
comply with the requirements of section 16A.695 and must provide for the procurement of
liability insurance by the nonprofit organization. A nonprofit organization that is operating an
environmental learning center under this section is a municipality for purposes of the liability
limitations of section 466.04 while acting within the scope of these activities.
History: 1994 c 643 s 46; 2002 c 360 s 1
84.088 [Repealed, 1Sp1985 c 13 s 376]
84.0885 [Repealed, 1992 c 513 art 2 s 32]
84.0887 [Repealed, 2003 c 128 art 1 s 176]
84.089 VOLUNTEERS IN NATURAL RESOURCES PROGRAM.
    Subdivision 1. Volunteers permitted. The commissioner of natural resources may recruit,
train, and accept without regard to personnel laws, or rules, the services of individuals without
compensation as volunteers for or in aid of activities in and related to the areas or programs
administered by the commissioner.
    Subd. 2. Incidental expenses. The commissioner may provide for the incidental expenses of
a volunteer, such as transportation, uniforms, lodging, and subsistence.
    Subd. 3. Application of law. Except as otherwise provided in this section, a volunteer is not
a state employee and is not subject to the provisions of law relating to state employment, including
but not limited to those relating to hours of work, rates of compensation, leave, unemployment
benefits, and state employee benefits. A volunteer accepted under this section is a state employee
for the purposes of section 176.011, subdivision 9, and the provisions of chapter 176, relating to
workers' compensation apply to the volunteer.
History: 1980 c 384 s 1; 1986 c 444; 1994 c 488 s 8; 1999 c 107 s 66; 2000 c 343 s 4
84.0894 ENFORCEMENT OF AQUATIC PLANTS AND ENDANGERED SPECIES.
An enforcement officer shall enforce a violation of sections 84.0895, 84.091, 84.093, 84.152,
and 103G.615 in the same manner as a violation of the game and fish laws.
History: 1986 c 386 art 4 s 8; 1987 c 149 art 2 s 1; 1990 c 391 art 10 s 3
84.0895 PROTECTION OF THREATENED AND ENDANGERED SPECIES.
    Subdivision 1. Prohibition. Notwithstanding any other law, a person may not take, import,
transport, or sell any portion of an endangered species of wild animal or plant, or sell or possess
with intent to sell an article made with any part of the skin, hide, or parts of an endangered species
of wild animal or plant, except as provided in subdivisions 2 and 7.
    Subd. 2. Application. (a) Subdivision 1 does not apply to:
(1) plants on land classified for property tax purposes as class 2a or 2c agricultural land under
section 273.13, or on ditches and roadways; and
(2) noxious weeds designated pursuant to sections 18.76 to 18.88 or to weeds otherwise
designated as troublesome by the Department of Agriculture.
(b) If control of noxious weeds is necessary, it takes priority over the protection of endangered
plant species, as long as a reasonable effort is taken to preserve the endangered plant species first.
(c) The taking or killing of an endangered plant species on land adjacent to class 3 or 3b
agricultural land as a result of the application of pesticides or other agricultural chemical on the
class 3 or 3b land is not a violation of subdivision 1, if reasonable care is taken in the application
of the pesticide or other chemical to avoid impact on adjacent lands. For the purpose of this
paragraph, class 3 or 3b agricultural land does not include timber land, waste land, or other land
for which the owner receives a state paid wetlands or native prairie tax credit.
(d) The accidental taking of an endangered plant, where the existence of the plant is not
known at the time of the taking, is not a violation of subdivision 1.
    Subd. 3. Designation. (a) The commissioner shall adopt rules under chapter 14, to designate
species of wild animal or plant as:
(1) endangered, if the species is threatened with extinction throughout all or a significant
portion of its range;
(2) threatened, if the species is likely to become endangered within the foreseeable future
throughout all or a significant portion of its range; or
(3) species of special concern, if although the species is not endangered or threatened, it is
extremely uncommon in this state, or has unique or highly specific habitat requirements and
deserves careful monitoring of its status. Species on the periphery of their range that are not listed
as threatened may be included in this category along with those species that were once threatened
or endangered but now have increasing or protected, stable populations.
(b) The range of the species in this state is a factor in determining its status as endangered,
threatened, or of special concern. A designation by the secretary of the interior that a species is
threatened or endangered is a prima facie showing under this section.
(c) The commissioner shall reevaluate the designated species list every three years after it
is first adopted and make appropriate changes. The review must consider the need for further
protection of species on the species of special concern list. Species may be withdrawn from
designation in the same manner that species are designated.
    Subd. 4. Studies. The commissioner may conduct investigations to determine the status and
requirements for survival of a resident species of wild animal or plant.
    Subd. 5. Management. (a) Notwithstanding any other law, the commissioner may undertake
management programs, issue orders, and adopt rules necessary to bring a resident species of wild
animal or plant that has been designated as threatened or endangered to a point at which it is
no longer threatened or endangered.
(b) Subject to the provisions of subdivision 6, management programs for endangered
or threatened species include research, census, law enforcement, habitat acquisition, habitat
maintenance, propagation, live trapping, transplantation, and regulated taking.
    Subd. 6. Enforcement. A peace officer or conservation officer, pursuant to chapter 626, may
execute a warrant to search for and seize goods, merchandise, plant or animal taken, sold or offered
for sale in violation of this section, or items used in connection with a violation of this section.
Seized property must be held pending judicial proceedings. Upon conviction, seized property is
forfeited to the state and must be offered to a scientific or educational institution or destroyed.
    Subd. 7. General exceptions. (a) The commissioner may prescribe conditions for an act
otherwise prohibited by subdivision 1 if:
(1) the act is for the purpose of zoological, educational, or scientific study;
(2) the act enhances the propagation or survival of the affected species;
(3) the act prevents injury to persons or property; or
(4) the social and economic benefits of the act outweigh the harm caused by it.
(b) A member of an endangered species may not be destroyed under clause (3) or (4) until all
alternatives, including live trapping and transplantation, have been evaluated and rejected. The
commissioner may prescribe conditions to propagate a species or subspecies.
(c) A person may capture or destroy a member of an endangered species, without permit, to
avoid an immediate and demonstrable threat to human life or property.
(d) The commissioner must give approval under this subdivision for forest management,
including permit, sale, or lease of land for timber harvesting.
    Subd. 8. Application. This section does not apply retroactively or prohibit importation into
this state and subsequent possession, transport, and sale of wild animals, wild plants, or parts of
wild animals or plants that are legally imported into the United States or legally acquired and
exported from another territory, state, possession, or political subdivision of the United States.
    Subd. 9. Violations. A violation of this section is a misdemeanor.
History: 1986 c 386 art 4 s 9; 1995 c 186 s 22
84.09 [Repealed, 1996 c 410 s 57]
84.091 AQUATIC VEGETATION IN PUBLIC WATERS.
    Subdivision 1. Ownership. The state is the owner of wild rice and other aquatic vegetation
growing in public waters. A person may not acquire a property interest in wild rice or other
aquatic vegetation or destroy wild rice or aquatic vegetation, except as authorized under this
chapter or section 103G.615.
    Subd. 2. License required; exception. (a) Except as provided in paragraph (b), a person may
not harvest, buy, sell, transport, or possess aquatic plants without a license required under this
chapter. A license shall be issued in the same manner as provided under the game and fish laws.
(b) A resident under the age of 18 years may harvest wild rice without a license, if
accompanied by a person with a wild rice license.
    Subd. 3. License fees. (a) The fees for the following licenses, to be issued to residents
only, are:
(1) for harvesting wild rice:
(i) for a season, $25; and
(ii) for one day, $15;
(2) for buying and selling wild ginseng, $5;
(3) for a wild rice dealer's license to buy and sell 50,000 pounds or less, $70; and
(4) for a wild rice dealer's license to buy and sell more than 50,000 pounds, $250.
(b) The fee for a nonresident one-day license to harvest wild rice is $30.
(c) The weight of the wild rice shall be determined in its raw state.
History: 1986 c 386 art 4 s 10; 1987 c 404 s 96; 1991 c 200 s 1; 2003 c 128 art 1 s 15,16;
2004 c 255 s 5
84.0911 WILD RICE MANAGEMENT ACCOUNT.
    Subdivision 1. Account established. The wild rice management account is established as an
account in the game and fish fund.
    Subd. 2. Receipts. Money received from the sale of wild rice licenses issued by the
commissioner under section 84.091, subdivision 3, paragraph (a), clauses (1), (3), and (4), and
subdivision 3, paragraph (b), shall be credited to the wild rice management account.
    Subd. 3. Use of money in account. Except for the electronic licensing system commission
established by the commissioner under section 84.027, subdivision 15, money in the wild
rice management account is annually appropriated to the commissioner and shall be used for
management of designated public waters to improve natural wild rice production.
History: 1987 c 149 art 1 s 1; 1989 c 335 art 4 s 106,109; 1990 c 594 art 1 s 78; 1995 c 186
s 23; 2003 c 128 art 1 s 17; 1Sp2005 c 1 art 2 s 17; 2006 c 281 art 1 s 2
84.092 [Repealed, 1990 c 391 art 10 s 4]
84.0921 [Repealed, 1990 c 391 art 10 s 4]
84.093 WILD GINSENG.
The commissioner may establish rules including seasons for harvesting to conserve wild
ginseng.
History: 1985 c 248 s 70; 1986 c 386 art 4 s 12
84.10 WILD RICE HARVESTED IN CERTAIN LAKES.
It shall be unlawful for any person to take wild rice grain from any of the waters within the
original boundaries of the White Earth, Leech Lake, Nett Lake, Vermillion, Grand Portage, Fond
du Lac and Mille Lacs Reservations except said persons be of Indian blood, or residents of the
reservation upon which said wild rice grain is taken.
History: (6131-5) 1939 c 231 s 2; 1941 c 217 s 1; 1943 c 220 s 1; 1945 c 171 s 1; 1947
c 424 s 1
84.105 WILD RICE SEASON.
Ripe wild rice may be harvested from July 15 to September 30.
History: 1996 c 410 s 19
84.11 [Repealed, 1947 c 424 s 6]
84.111 NATURAL WILD RICE HARVESTING.
    Subdivision 1. Watercraft restrictions. It shall be unlawful to use, in harvesting wild rice
in any public waters in this state, any watercraft other than a boat, skiff, or canoe propelled by
hand, which boat, skiff, or canoe may have a top width of not more than 36 inches and a length
of not more than 18 feet, or any machine or mechanical device for gathering or harvesting the
grain other than with flails not over 30 inches in length nor over one pound in weight, which flails
must be held and operated by hand.
    Subd. 2. Pole restrictions. It is unlawful to use any pole for propelling any watercraft used
in such harvesting which is not forked at the end, with each branch less than 12 inches in length.
    Subd. 3. Machine restrictions. It is unlawful to use in such harvesting any machine or
device for gathering the grain other than a flail not over 30 inches in length nor over one pound in
weight, held and operated by hand.
    Subd. 4. Harvest hours. It is unlawful to harvest any wild rice in any public waters between
3:00 p.m. and 9:00 a.m. following except as otherwise expressly permitted in writing by an
authorized committee member or other agent of the commissioner pursuant to rules of the
commissioner.
    Subd. 5. Fee holder provisions. Notwithstanding the provisions of subdivisions 1 to 3, any
person holding fee title to all property surrounding a body of public waters may use mechanical
harvesting devices to harvest wild rice in those waters. This subdivision does not apply to:
(a) Any body of public waters greater than 125 acres in size;
(b) Any body of public waters to which the public has access directly or through a channel
or watercourse;
(c) Any body of public waters within the original boundaries of any Indian reservation; or
(d) Harvesting of wild rice for use or sale by any person other than the owner of the
surrounding property.
History: 1949 c 506 s 3,4; 1959 c 684 s 1; 1963 c 174 s 1; 1982 c 543 s 1; 1985 c 248 s
70; 1986 c 444
84.12 [Repealed, 1947 c 424 s 6]
84.13 [Repealed, 1947 c 424 s 6]
84.14 [Repealed, 1996 c 410 s 57]
84.15 COMMISSIONER'S AUTHORITY; RICE HARVESTING.
    Subdivision 1. Authority to restrict harvest. The commissioner may restrict or prohibit the
harvesting of wild rice grain on public waters of any designated area when, upon investigation
of conditions, it shall be determined necessary or advisable to protect against undue depletion
of the crop so as to retard reseeding or restocking of such area or so as to endanger its effective
use as a natural food for waterfowl.
    Subd. 2. Harvest for research or planting. The commissioner may harvest not to exceed
10,000 pounds of wild rice in any calendar year for the purposes of obtaining wild rice seed for
experimental and research purposes and replanting in public waters of the state, including waters
within the original boundaries of the Minnesota Indian reservations.
History: (6131-15) 1939 c 231 s 12; 1949 c 628 s 1; 1957 c 85 s 1; 1986 c 444
84.151 [Expired]
84.152 WILD RICE.
    Subdivision 1. Rules. The commissioner shall prescribe rules for harvesting and possessing
wild rice.
    Subd. 2. License required. A person who buys wild rice within the state for resale to anyone
except consumers, or sells wild rice imported from outside the state to anyone within the state
except consumers must have a wild rice dealer's license.
    Subd. 3. Application. (a) An application for a wild rice dealer's license must be made under
a written oath. The form of a wild rice dealer's license application must include:
(1) the amount of wild rice, whether raw or processed, bought or sold by the applicant
during the preceding calendar year;
(2) the amount of wild rice the applicant estimates will be bought or sold under the license;
and
(3) other pertinent information required by the commissioner.
(b) The license fee must be paid in advance, based on the applicant's estimate. A license
may not be issued for a fee based on a lesser amount of wild rice than was bought or sold by the
applicant during the preceding calendar year.
    Subd. 4. Supplemental license. A wild rice dealer may not buy or sell wild rice for which a
license is required in excess of the amount covered by the license. If a wild rice dealer desires to
buy or sell wild rice in excess of the licensed amount, the dealer must apply for a supplemental
license. The supplemental license shall be issued for the additional amount of wild rice upon
payment of the prescribed fee, less credit for the fees paid for the previous license or licenses
issued for the same calendar year. When the supplemental license is issued, the previous licenses
held by the dealer shall be surrendered to the commissioner.
    Subd. 5.[Repealed, 1989 c 350 art 19 s 2]
    Subd. 6. Penalties. (a) A person is guilty of a misdemeanor who:
(1) willfully makes a false statement in an application for a license or in a required report or
record; or
(2) violates a provision relating to wild rice dealers.
(b) Each violation is a separate offense. An acquittal prohibits later prosecution based on a
similar charge involving other wild rice in the same transaction.
(c) If a wild rice dealer is convicted of two offenses under this subdivision within three
years, the dealer's license is null and void and the dealer may not be issued a license for one
year after the date of the conviction.
History: 1986 c 386 art 4 s 13
84.1525 STROMATOLITES.
    Subdivision 1. Permit required. A person may not possess, move, or disturb a stromatolite
located in waters of the state except under a permit issued by the commissioner.
    Subd. 2. Rules. The commissioner may adopt rules establishing criteria and procedures for:
(1) the issuance of stromatolite permits with reasonable conditions; and
(2) the denial, modification, suspension, or revocation of stromatolite permits for cause.
History: 1992 c 462 s 2; 1993 c 231 s 2
84.153 PROPERTY; LEASING, RENTING.
(a) The commissioner is hereby authorized at public or private vendue and at such prices and
under such terms and conditions as the commissioner may prescribe, to lease any buildings or
lands not now authorized to be leased, acquired in the name of the state of Minnesota by any of
the several divisions of the department which are not presently needed for the uses and purposes
of any of the divisions of the department. The purposes for which such leases may be executed
shall be in the furtherance of the interests of conservation and such uses shall not result in any
permanent injury to the land. No such lease shall be made for a term to exceed two years and shall
contain a provision for cancellation at any time by the commissioner upon three months written
notice. All money received from these leases shall be credited to the fund from which the property
was acquired, except an amount equal to the cost of maintenance of the leased property shall be
credited to the fund charged with the cost of maintenance. Money credited for leased property
maintenance is appropriated to the commissioner for that purpose.
(b) The commissioner is hereby authorized to rent or lease to employees of the various
divisions of the department such cabins, buildings, or living quarters as are now or may
hereafter be constructed upon state-owned lands under the control of the several divisions of
the department, when this occupancy is found to be necessary or beneficial to the work of the
department. These leases or rental agreements shall be upon a month to month basis and provide
for surrender by the lessee upon demand at any time the lessee's services with the state may be
terminated, without the necessity of any written notice. All receipts from rents shall be paid in to
the commissioner of finance and credited to the fund charged with the cost of maintenance of such
buildings and are hereby appropriated for such use.
(c) All instruments and transactions so negotiated shall be approved as to form, validity, and
execution by the attorney general.
(d) Hunting of wild game is prohibited on any land which has been posted by the lessee to
prohibit hunting. Such prohibition shall apply to all persons including the lessee.
History: 1941 c 291 s 1-3; 1965 c 382 s 1; 1986 c 444; 2002 c 376 s 1; 2003 c 112 art 2 s 50
84.154 LAC QUI PARLE WATER CONTROL PROJECT.
    Subdivision 1. Conservation project. The commissioner is hereby authorized, with the
approval of the Executive Council, and on such terms as may be deemed advantageous to the
state, to sell and convey to the United States the fee title, free from any mineral reservation, of
lands acquired by the state for the Lac qui Parle River water control project upon which dams
and appurtenant structures have been or may be constructed and such rights-of-way as may
be required by the United States to provide access thereto for the purposes of construction,
maintenance and operation, and to grant, sell and convey either such fee title to, or flowage rights
over, all lands acquired for the project on and above Lac qui Parle Lake which lie below the 935.7
foot elevation on project datum, and to grant, sell and convey flowage rights only over all lands so
acquired on or above Marsh Lake which lie below the 939.5 foot elevation on project datum and
over all of such lands on and above either of these lakes which lie above such elevations, and to
lease to any appropriate agency of the United States for conservation purposes, subject to such
flowage rights, any of such lands the ownership of which is retained by the state, or to enter into a
cooperative agreement with any such agency for the development and management of any wild
life or other conservation activity thereon; provided, that no such conveyance or agreement shall
waive any claim of the state for reimbursement from the United States under the Flood Control
Act of June 28, 1938, and any amendments thereof. Each such lease for conservation purposes
and each such cooperative agreement for the development and management of wild life or other
conservation activity on such lands shall contain specific conditions reserving to the public during
all open seasons for hunting wild waterfowl at least 40 percent of the area of these lands suitable
for hunting waterfowl as public shooting grounds.
    Subd. 2. Commissioner may complete Lac qui Parle and Big Stone Lake projects.
Inasmuch as the cessation of the work relief program of the federal government and the entry
of the United States into the present war prevented completion of certain contemplated features
of the Lac qui Parle and Big Stone Lake water control projects heretofore undertaken by the
Executive Council, in cooperation with federal agencies, and it is desirable that such projects
be completed in order to secure effective control and utilization of the waters affected for the
purposes of prevention and control of floods, water conservation, improvement of conditions
for game and fish, and other authorized public uses, the commissioner of natural resources is
authorized to construct all works and improvements pertaining or incidental to said projects which
the commissioner deems necessary for such purposes, and to maintain and operate the same so far
as not transferred to the United States pursuant to law.
    Subd. 3. Powers of commissioner. The commissioner of natural resources may use for any
project herein authorized any land of the state under the commissioner's jurisdiction or control
so far as is not inconsistent with the laws governing the same, may acquire by purchase, gift, or
condemnation any additional lands or interests in lands required for such projects, including
lands or interests in adjacent states if authorized by the laws thereof, may accept gifts or grants
of money or property from the United States or any other source for such projects, may use and
apply any money or property so received in accordance with the terms of the gift or grant so far
as is not inconsistent with the provisions of this section or other laws, may act in behalf of the
state as sponsor for any such project undertaken or authorized by the United States, may make
any sponsor's contributions required for any such project out of money appropriated by Laws
1943, chapter 476, or otherwise made available therefor, and may cooperate with the United
States or any adjacent state or any authorized agency of either in constructing, maintaining and
operating any such project upon such terms and conditions as the commissioner may deem proper
not inconsistent with the laws of this state.
    Subd. 4. May sell or lease land. The commissioner of natural resources may, in behalf of the
state, with the approval of the governor, sell or lease to the United States any part of the lands or
interests in lands heretofore or hereafter acquired by the state for the purposes of such projects,
with any structures or improvements thereon, upon such terms and conditions as the commissioner
may deem proper, providing for the continued maintenance and operation of such projects for
the purposes herein specified; provided that the provisions of this section shall not be deemed to
repeal or supersede the provisions of Laws 1941, chapters 142 and 518, with respect to lands or
interests heretofore acquired, so far as applicable thereto; provided, that the governor shall not
approve any such sale or lease without first consulting the Legislative Advisory Commission and
securing their recommendation, which shall be advisory only. Failure or refusal of the commission
to make a recommendation promptly shall be deemed a negative recommendation.
    Subd. 5. Special funds created. (1) There is hereby created a special fund to be known as
the Lac qui Parle and Big Stone Lake water control projects fund, in which shall be placed all
moneys heretofore or hereafter received for any lands or other property acquired by the state for
the Lac qui Parle water control project and heretofore or hereafter sold or leased to the United
States pursuant to Laws 1941, chapter 518, or otherwise, also all money heretofore or hereafter
received from any source for the sale or lease under any other law of any lands or other property
acquired by the state for either the Lac qui Parle or Big Stone Lake water control project, except
as otherwise provided in clause (2).
(2) All moneys in excess of $2,500 remaining June 30, 1943, and at the end of each fiscal
year thereafter in the Lac qui Parle revolving fund designated by Laws 1941, chapter 142, shall
be transferred to said projects fund. When all the property authorized to be sold under said
chapter has been sold and the proceeds have been received the Executive Council shall notify the
commissioner of finance thereof. Thereupon the balance remaining in said revolving fund shall be
transferred to said projects fund and said revolving fund shall be abolished.
(3) All moneys in said projects fund are hereby appropriated to the commissioner of
conservation for the purposes of Laws 1943, chapter 476, to remain available therefor until
expended hereunder or otherwise expressly disposed of by law; provided, that all expenditures
hereunder shall be subject to the approval of the governor; provided, that the governor shall not
approve any such expenditure without first consulting the Legislative Advisory Commission and
securing their recommendation, which shall be advisory only. Failure or refusal of the commission
to make a recommendation promptly shall be deemed a negative recommendation.
    Subd. 6. Transfer to commissioner. (1) The supervision and control of the Lac qui Parle
project lands, which is now vested in the Executive Council by Laws 1925, chapter 426; Laws
1933, chapter 355; Extra Session Laws 1933, chapter 25; Laws 1935, chapter 51; Extra Session
Laws 1935, chapter 101; Laws 1937, chapters 209 and 459; Extra Session Laws 1937, chapter 89;
Laws 1941, chapters 142 and 518; Laws 1943, chapter 476; Laws 1945, chapter 325; Laws 1947,
chapter 571; and Minnesota Statutes, section 84.154, are hereby transferred to the commissioner
of natural resources.
(2) These lands, which consist of 22,000 acres, more or less, located in the north and east
edge of Lac qui Parle County and portions of the south and west edges of Chippewa, Swift and
Big Stone Counties, shall be used and developed as a game refuge and public hunting grounds
as the commissioner of natural resources may designate and shall include all state-owned lands
acquired pursuant to the provisions of law above stated.
(3) The power of eminent domain will not be exercised in the case of the acquisition of
additional lands to this game refuge and public hunting ground.
History: 1941 c 518 s 1; 1943 c 476 s 1; 1957 c 755 s 1-3; 1969 c 1129 art 10 s 2; 1973 c
492 s 14; 1975 c 271 s 6; 1986 c 444; 2006 c 214 s 20
84.155 CONSERVATION PROJECTS; BELTRAMI ISLAND, PINE ISLAND.
    Subdivision 1. Certain leases between the state and the United States of America ratified
and approved. Leases entered into between the United States of America and the state of
Minnesota, through the commissioner of conservation, under date of August 2, 1940, demising to
the state of Minnesota federal owned lands in what are known as the Beltrami and Pine Island
areas, located in the counties of Koochiching, Roseau, Lake of the Woods, and Beltrami, in the
state of Minnesota, for a period of 50 years, are hereby in all things ratified and approved.
    Subd. 2. Beltrami Island conservation project created. For the purpose of protecting,
preserving, and managing wild life, forest and water resources, there is hereby established the
Beltrami Island conservation project consisting of all lands within the descriptions hereinafter
contained. All public lands, except tax forfeited lands, lying within these areas are hereby set
aside and reserved from sale. These areas shall comprise the following lands and waters in
Beltrami County, Minnesota:
All of Townships 155 and 156, North, in Ranges 31, 32, 33, 34 and 35 West of the fifth
principal meridian:
All of Townships 157 and 158, North, in Ranges 36 and 37 West of the fifth principal
meridian:
and the following described lands and waters in the Lake of the Woods County, Minnesota:
All of Township 157, North, Range 32 West of the fifth principal meridian:
All of Townships 157, 158 and 159, North, in Range 33 West of the fifth principal meridian:
All of Townships 157, 158, 159 and 160, North, in Range 34 West of the fifth principal
meridian:
All of Townships 157, 158, 159 and 160, North, in Range 35 West of the fifth principal
meridian:
All of Townships 159 and 160, North, in Range 36 West of the fifth principal meridian:
and the following described lands and waters in Roseau County, Minnesota:
The South one-half of Township 161, North, in Range 35 West of the fifth principal meridian:
The South one-half of Township 161, North, in Range 36 West of the fifth principal meridian:
All of Townships 159 and 160 and the South two-thirds of Township 161, North, in Range
37 West of the fifth principal meridian, and
The East two-thirds of Township 160, North, in Range 38 West of the fifth principal meridian.
    Subd. 3. Pine Island conservation project created. For the purpose of protecting,
preserving and managing wild life, forest and water resources, there is hereby established the Pine
Island conservation project consisting of all lands within the descriptions hereinafter contained.
All public lands, except tax-forfeited lands, lying within these areas are hereby set aside and
reserved from sale. These areas shall comprise the following lands and waters in Koochiching
County, Minnesota:
All of Townships 64 and 65, North, in Range 24 and 25 West of the fourth principal meridian:
All of Townships 64, 65, 66 and 67, North, in Range 26 West of the fourth principal meridian:
All of the lands in Townships 64, 65, 66 and 67, North, in Range 27 West of the fourth
principal meridian:
All of Township 152; the South one-half of Township 153; all of Townships 155 and 156; the
West two-thirds of Township 157 and that portion of Township 158, North, situated south of the
center line of Black River, all in Range 25 West of the fifth principal meridian:
All of Township 152, North; the South one-half of Township 153; the North one-half of
Township 155; all of Townships 156 and 157 and that portion of Township 158, North, situated
south of the center line of Black River, all in Range 26 West of the fifth principal meridian:
All of Townships 153 and 154; the North one-half of Township 155; all of Townships 156
and 157, and that portion of Township 158, North, situated south of the center line of Black River
and east of that branch of the Black River which flows north through Sections 33 and 28, in
Range 27 West of the fifth principal meridian:
All of Townships 153, 154, 155, 156, 157 and 158 and the West one-third of Township 159,
North, in Range 28 West of the fifth principal meridian; and
All of Townships 153, 154, 155, 156, 157, 158 and 159, North, in Range 29 West of the
fifth principal meridian.
    Subd. 4. Lands to be under management of commissioner. All public lands except
tax-forfeited lands, owned by the state of Minnesota, as well as lands owned by the United States
and leased by the state of Minnesota within the Beltrami and Pine Island projects shall be under
the management and control of the commissioner, who shall have authority to negotiate for and
enter into on behalf of the state of Minnesota, leases for hay stumpage and timber stumpage at
such fees and prices as the commissioner may determine reasonable and just.
    Subd. 5. Commissioner to make rules. Within the boundaries of the Beltrami Island and
Pine Island areas, the commissioner is hereby given full power and authority to make, establish,
promulgate, and enforce all necessary rules for the care, preservation, protection, breeding,
propagation, and disposition of any and all species of wild life therein and the regulation, issuance,
sale, and revocation of special licenses or special permits for hunting, fishing, trapping, camping
and other uses within the areas not inconsistent with the terms of this section. The commissioner
shall have the power and authority to declare the terms and conditions of such licenses and
permits and the charges to be made therefor. The commissioner may issue rules specifying and
controlling the terms under and by which any wild animals may be taken, captured, or killed
therein or under and by which fur-bearing animals having commercial value may be sold and
transported. The commissioner may regulate and effect the sale of merchantable timber from such
lands as are owned or leased by the state; provided, authority as to the leased lands shall not
exceed that provided in the leases.
    Subd. 6. Two accounts created; disposition of receipts. There shall be created two
accounts, one to be known as the Beltrami Island conservation account and the other as the Pine
Island conservation account. All income and revenue received by virtue of all hay and stumpage
leases, timber sales, sales of special licenses and permits, as hereinabove provided, from each
of the areas described in this section, shall be paid in to the state treasury and credited to that
account bearing the name of the project from which the income was derived. These sums are
hereby appropriated for the purpose of administering said areas in accordance with the terms of
this section and the terms of the leases herein referred to as having been approved and ratified
and for making repairs and replacements on the properties leased as provided by the leases.
Any portion of income or revenue not needed for the above purposes may be used, subject to
the mutual agreement between the state of Minnesota and the United States provided for in the
leases, covering the acquisition by the state of Minnesota of additional lands to block in, round
out and enlarge its holdings. Nothing herein contained shall alter, modify, or change the method
of handling revenue or income provided for in Laws 1929, chapter 258, from lands now in the
public domain under the provisions of that act and nothing herein contained shall alter, modify, or
change the method of handling revenue or income provided for in Laws 1929, chapter 258, from
lands now in the public domain under the provisions of this section.
History: 1941 c 215 s 2-6; 1985 c 248 s 70; 1986 c 444; 1989 c 335 art 4 s 106
84.156 INTEREST IN CERTAIN LANDS TRANSFERRED TO UNITED STATES.
    Subdivision 1. Grant of easement to United States. There is hereby granted to the United
States an easement and right to flow and overflow by water the right-of-way of any and all
town, county and state roads or highways lying within the Lac qui Parle water control project
in Chippewa, Lac qui Parle, Big Stone, and Swift Counties, below the 945.0 foot elevation on
project datum, and no claims for damage shall be maintainable against the United States by the
state or any of its governmental subdivisions for any damage or injury to such roadways or
highways, below such 945.0 foot elevation, because of the operation of any of the dams in said
project or the maintenance of any water levels thereby.
    Subd. 2. Commissioner to acquire certain titles. The commissioner of natural resources
of the state of Minnesota is hereby authorized to acquire by gift, purchase or condemnation,
the underlying fee title to the right-of-way of any township or county roads or highways lying
within such water control project and not now in public ownership, or the right to flow and
overflow the same. The commissioner is further authorized to convey such fee title or flowage
easements to the United States, together with any fee titles or easements heretofore obtained by or
on behalf of the state, the counties or townships involved, to the right-of-way of any such roads or
highways, when such conveyances are required to carry out the purposes of Laws 1943, chapter
476, and Laws 1941, chapter 518.
    Subd. 3. Grant effective upon acceptance. The grant contained in subdivision 1 herein
shall become effective upon the acceptance of title or easements by the United States to lands
adjacent to each such road or highway.
    Subd. 4. Certain laws continued in effect. Nothing herein shall be deemed to repeal or
supersede Laws 1943, chapter 476, or Laws 1941, chapter 518, but the same and the whole
thereof shall be continued in effect.
History: 1945 c 325 s 1-4; 1969 c 1129 art 10 s 2
84.157 EXCHANGE OF CERTAIN STATE LANDS.
Notwithstanding any provision of section 94.343, subdivision 2, or any other existing law to
the contrary, Class A state lands located within the Red Lake Game Preserve, the conservation
areas created under sections 84A.20 and 84A.31, the Beltrami Island Conservation Project, the
Beltrami Island State Forest, the Pine Island Conservation Project, the Pine Island State Forest,
and all state forests or parts thereof in the area within the proclaimed boundaries of the Superior
National Forest and the Chippewa National Forest wherein consent of the state to acquisition of
land by the United States has heretofore been given by or pursuant to law may be exchanged for
other lands within or without said areas upon compliance with all other provisions of law relating
to the exchange of such lands, even though such exchanges may reduce land holdings of the state
within the respective areas above specified.
History: 1945 c 341 s 1
84.158 [Repealed, 1990 c 391 art 10 s 4]
84.161 LAND ACQUISITION FOR CERTAIN PURPOSES.
The commissioner of natural resources is hereby authorized to acquire on behalf of the
Department of Natural Resources, state of Minnesota, all dam site and flowage easements and
other interests in land by gift, purchase, condemnation or otherwise which may be necessary to
accomplish the purposes of this section and to construct all dams, structures and control works
needed to restore and control the water levels of Goose and Mud Lakes, Cass County, Minnesota,
which authority to condemn shall include the condemnation of state-owned land whether held in
trust or otherwise and whether or not the same be set aside as lake shore property or other special
use under other provisions of law and the commissioner may further use any land of the state
under the commissioner's jurisdiction for this project; all for the purpose of improving habitat for
fish, wild fowl and game, wild rice and for forestry and fire protection.
History: 1957 c 69 s 1; 1969 c 1129 art 10 s 2; 1986 c 444
84.162 POWERS OF COMMISSIONER; FLOWAGE RIGHTS.
The commissioner of natural resources is hereby authorized to enter into contracts and
agreements with the United States and any authorized agency thereof for the use by the state of
any flowage rights and other interests in land held by the United States needed for the flowage
of land for this project and the commissioner of natural resources may acquire such property in
fee and may further contract and cooperate with the United States for the operation and control
of the levels of said water and the construction and maintenance of any of the structures needed
therefor upon such terms and conditions as the commissioner may deem necessary and proper
not otherwise inconsistent with law.
History: 1957 c 69 s 2; 1969 c 1129 art 10 s 2; 1986 c 444
84.163 BATTLE POINT; CONVEYANCE TO TODD COUNTY.
The governor, upon the recommendation of the commissioner of natural resources is hereby
granted power to quitclaim and convey to the county of Todd the state's interests in the lands
described below, and any state structures located thereon, on the condition that the county agree to
improve and maintain for the benefit of the public for the purposes of fishing, hunting, picnicking,
camping, playing of athletic games, access to the lake, and general recreational purposes, the
following described lands located in Todd County: Commencing at the westerly corner of a
triangular tract of land in Section 5, Township 128, Range 35, designated as tract "A" of Michael's
Subdivision of a portion of Government Lot 1, Section 4, Township 128, Range 35, according to
the recorded plat thereof, thence southwesterly, westerly and northwesterly, curving to the right
along the shore of Lake Osakis, to the tip of Battle Point; thence southeasterly along the shore
of Lake Osakis, to a point where the shore line intersects the north-south section line between
Sections 4 and 5 of Township 128, Range 35; thence north along said section line, between
said Sections 4 and 5 of Township 128, Range 35; to the southerly corner of the hereinbefore
mentioned tract "A" of said Michael's Subdivision; thence northwesterly to the point of beginning
known as Battle Point. The lands and structures shall be conveyed in such form as the attorney
general shall prescribe and the conveyance shall contain a provision that the lands and structures
shall revert to the state in the event that the county of Todd fails to operate and maintain the
same as prescribed by this section.
History: 1963 c 58 s 1; 1969 c 1129 art 10 s 2; 1977 c 52 s 1
84.164 [Repealed, 1971 c 859 s 14]
84.361 TAXES CANCELED IN CERTAIN CASES.
After forfeiture to the state of any parcel of land lying within the Red Lake Game Preserve,
as provided by Laws 1935, chapter 278, the county auditor shall cancel all taxes and tax liens
appearing upon the records, both delinquent and current, and all special assessments, delinquent
or otherwise.
History: 1941 c 278 s 7
84.362 REMOVAL OF STRUCTURES.
Until after the sale of any parcel of tax-forfeited land, whether classified as agricultural
or nonagricultural hereunder, the county auditor may, with the approval of the commissioner,
provide:
(1) for the sale or demolition of any structure located on the land that has been determined by
the county board to be especially liable to fire or so situated as to endanger life or limb or other
buildings or property in the vicinity because of age, dilapidated condition, defective chimney,
defective electric wiring, any gas connection, heating apparatus, or other defect; and
(2) for the sale of salvage material, if any, therefrom.
History: 1941 c 278 s 8; 2005 c 136 art 9 s 1
84.363 SALE OF DEAD AND DOWN TIMBER.
The county auditor may with the approval of the county board sell dead, down and mature
timber upon any tract of agricultural land designated by the commissioner of natural resources.
Such sale of timber products shall be for cash at not less than the appraised value thereof, as
determined by the commissioner, to the highest bidder after not less than one week's published
notice in an official paper within the county. Any timber offered at such public sale and not sold
may thereafter be sold at private sale by the county auditor at not less than the appraised value
thereof. The forestry practices to be followed in the cutting of this timber shall be approved
by the commissioner.
History: 1941 c 278 s 9; 1969 c 1129 art 10 s 2
84.37 [Repealed, 1963 c 5 s 12]
84.38 [Repealed, 1963 c 5 s 12]
84.39 [Repealed, 1963 c 5 s 12]
84.40 [Repealed, 1963 c 5 s 12]
84.41 [Repealed, 1963 c 5 s 12]
84.415 UTILITY LICENSES, PERMITS.
    Subdivision 1. Utility companies, permit to cross state-owned lands. The commissioner
of natural resources shall, on or before January 1, 1974, promulgate in the manner provided by
chapter 15, rules containing standards and criteria governing the sale of licenses permitting the
passage of utilities over public lands and waters. The rules shall include provisions to insure that
all projects for which licenses are sold will have a minimum adverse impact on the environment.
The commissioner of natural resources may, at public or private sale and for such price and upon
such terms as are specified in the rules (except where prohibited by law) grant licenses permitting
passage over, under, or across any part of any school, university, internal improvement, swamp,
tax-forfeited or other land or public water under the control of the commissioner of natural
resources, of telephone, telegraph, and electric power lines, cables or conduits, underground or
otherwise, or mains or pipe lines for gas, liquids, or solids in suspension. Any such license shall
be cancelable upon reasonable notice by the commissioner for substantial violation of its terms, or
if at any time its continuance will conflict with a public use of the land or water over or upon
which it is granted, or for any other cause. All such land or public water shall remain subject to
sale or lease or other legal use, but in case of sale, lease or other use there may be excepted from
the grant or other disposition of land or public water all rights included in any license over,
under, or across it, and the license may contain an agreement that there will be such exception.
The commissioner may charge a fee in lieu of but not less than that authorized by subdivision 5
if issuing a license containing an agreement that there will be such an exception. All rights so
excepted shall be reserved to the state and be cancelable by the commissioner for the same reasons
or cause as they might have been canceled before such sale, lease or other use of the land or water.
Upon such cancellation, which shall be only after reasonable notice to the licensee, all rights
granted by the license shall be vested in the state and may be granted again by the commissioner
on the terms and conditions the commissioner may prescribe, but subject to cancellation for the
same reasons or causes as they might have been originally canceled unless ownership of the fee
and of the license are merged. Any license granted before April 13, 1951, may be governed by it
if the licensee and commissioner so agree. Reasonable notice as used in this subdivision means a
90 day written notice addressed to the record owner of the license at the last known address, and
upon cancellation the commissioner may grant extensions of time to vacate the premises affected.
    Subd. 2.[Repealed, 1967 c 536 s 3]
    Subd. 3. Application, form. The application for license or permit shall be in quadruplicate,
and shall include with each copy a legal description of the lands or waters affected, a metes and
bounds description of the required right-of-way, a map showing said features, and a detailed
design of any structures necessary, or in lieu thereof shall be in such other form, and include
such other descriptions, maps or designs, as the commissioner may require. The commissioner
may at any time order such changes or modifications respecting construction or maintenance of
structures or other conditions of the license or permit as the commissioner deems necessary to
protect the public health and safety.
    Subd. 4. Attorney general, duties. The license or permit to be granted shall be in a form to
be prescribed by the attorney general; shall describe the location of the license or permit thereby
granted and shall continue until canceled by the commissioner, subject to change or modification
as herein provided.
    Subd. 5. Fee. In the event the construction of such lines causes damage to timber or other
property of the state on or along the same, the license or permit shall also provide for payment to
the commissioner of finance of the amount thereof as may be determined by the commissioner.
All money received under such licenses or permits shall be credited to the fund to which
other income or proceeds of sale from such land would be credited, if provision therefor be
made by law, otherwise to the general fund.
History: 1941 c 145; 1943 c 540 s 1; 1947 c 568 s 1; 1951 c 356 s 1,2; 1967 c 536 s 2;
1969 c 399 s 1; 1969 c 516 s 1; 1969 c 1129 art 10 s 2; 1973 c 479 s 1,2; 1985 c 248 s 70;
1986 c 444; 2003 c 112 art 2 s 50
84.42 VIOLATIONS; PENALTIES.
    Subdivision 1. Penalties. Any person violating any of the provisions of sections 84.091 to
84.15, or any of the orders of the commissioner promulgated in pursuance of the provisions
thereof, shall be guilty of a misdemeanor; and, upon a second conviction within a period of three
years, the person's license shall become null and void and no license of the same kind shall be
issued to the person for one year after the date of such conviction; and any person violating, or
threatening to violate, any provisions of sections 84.091 to 84.15 and Laws 1939, Chapter 231,
may be restrained by injunction proceedings brought in the name of the state by the attorney
general or by any county attorney.
    Subd. 2.[Repealed, 1965 c 45 s 73]
History: (3109-6, 6131-19) 1939 c 207 s 6; 1939 c 231 s 16; 1969 c 129 s 1; 1986 c 444;
1996 c 410 s 58
84.43 DEFINITIONS.
    Subdivision 1. Applicability. The definitions given in this section shall govern for the
purposes of sections 84.43 to 84.52 unless a different meaning is clearly indicated by the language
or context.
    Subd. 2. Wilderness area. "Wilderness area" shall mean any of the following areas or
parts thereof:
(1) all those portions of the Superior National Forest described in section 2 of Public Law
733, 80th Congress, approved June 22, 1948, and all public waters included therein or bordering
thereon except the following: Crane Lake, Moose Lake in Township 64 North, Range 9 West,
Snow Bank Lake, Sawbill Lake, Brule Lake, Big Lake in Townships 64 and 65 North, Range 13
West, Saganaga Lake, Seagull Lake, Clearwater Lake in Township 65 North, Range 1 East, and
East Bearskin Lake in Township 64 North, Range 1 East and Range 1 West;
(2) such other areas as may be designated by the commissioner of natural resources as
hereinafter provided within the present boundaries of the Superior National Forest and the
Kabetogama and Pigeon River purchase units thereof as heretofore established by federal
authority and not less than five miles from any public highway.
    Subd. 3. Public waters. "Public waters" shall mean all waters lying wholly within the state
and all portions of boundary waters within the jurisdiction of the state contained within any
wilderness areas designated hereunder and which the public have a right to use for navigation,
fishing, hunting or any other beneficial public use.
    Subd. 4. Aircraft. "Aircraft" shall mean any contrivance now known or hereafter invented
and used or designed for navigation or flight in the air.
History: 1949 c 630 s 1; 1969 c 1129 art 10 s 2
84.44 DECLARATION OF POLICY.
It is hereby declared that regulation and control of the operation of aircraft and watercraft
upon or over any wilderness area and public waters therein is necessary for the protection and
promotion of public health, safety and welfare and other interests of the public therein and for
the protection and conservation of natural wilderness conditions and other natural resources
therein for the public benefit.
History: 1949 c 630 s 2
84.45 COMMISSIONER DUTIES; WILDERNESS AREAS.
The commissioner of natural resources shall designate such wilderness areas within the
limits hereinbefore authorized as the commissioner shall determine after investigation to be
necessary for the purposes of sections 84.43 to 84.52, and to add to, withdraw from, or otherwise
modify such designations from time to time as the fulfillment of such purposes may require.
Such designations shall be made by rules adopted as provided by and subject to the laws
relating to rules of administrative agencies of the state, and may be modified or rescinded in
like manner; provided, that in addition to or in connection with the proceedings required under
said laws, the commissioner of natural resources or an authorized agent shall hold a public
hearing on any proposal for a designation or a change therein hereunder at a place designated
by the commissioner in a county containing lands affected thereby, of which at least two weeks'
published notice shall be given in each county affected, and at least 30 days' notice shall be given
by mail to the county auditor of each such county.
History: 1949 c 630 s 3; 1969 c 1129 art 10 s 2; 1985 c 248 s 70; 1986 c 444
84.46 COMMISSIONER OF TRANSPORTATION; AIRCRAFT CHECKING STATIONS.
    Subdivision 1. Establishment of checking stations. The commissioner of transportation
shall as soon as practicable after the passage of Laws 1949, chapter 630, to designate as aircraft
checking stations at least three airports having suitable facilities for the landing of aircraft
equipped for flying and landing in wilderness areas. Such checking stations shall be located so as
to cover the commonly used approaches to such wilderness areas by air from all sides, as far as
practicable, and each such station shall be within 100 miles of the nearest point on the boundary of
such wilderness areas. The designation of such checking stations shall be made by rules adopted
as provided by and subject to the laws relating to rules of the commissioner of transportation,
and may be modified or rescinded in like manner from time to time as may be necessary for
the purposes of sections 84.43 to 84.52. The commissioner of natural resources shall appoint
attendants for such checking stations and shall prescribe their powers and duties, subject to the
provisions hereof. Officers or employees of other state departments or governmental subdivisions
of the state may be appointed as such attendants with the approval of their appointing authorities.
    Subd. 2. Report required. The provisions of this subdivision shall apply to all aircraft and
pilots thereof except as otherwise provided herein. From and after the designation of not less than
three checking stations as hereinbefore provided, no such aircraft pilot shall fly an aircraft into
or over any wilderness area at a height less than 2,000 feet from the ground, except as may be
necessary for safety, without first landing at a checking station designated hereunder and making a
written report to the attendant, on a form prescribed by the commissioner of natural resources,
containing the following information: type and federal registration number of the aircraft; name,
address, and license number of the pilot; names and addresses of the passengers; purpose of flight;
proposed line of flight and destination within the wilderness areas; proposed period of stay therein,
and proposed checking station for reporting on departure therefrom. The attendant shall deliver to
the pilot a countersigned copy of the report, which the pilot shall retain in possession at all times
while in the wilderness areas on the trip covered thereby. During the period of such trip as stated
in the report, the aircraft shall not be operated, landed, or kept at any place within the wilderness
areas except as specified in the report, and shall not remain within such areas after the expiration
of such period. Upon leaving such areas at any time after entering the same, the pilot, before
landing the aircraft at any other place, shall immediately proceed to and land at the checking
station designated for checking out in the pilot's report, and shall check out by submitting a copy
of the report to the attendant, who shall endorse the same to show such checking-out and return the
same to the pilot; provided, that if by reason of weather conditions or otherwise it is impracticable
for the pilot to check out at the station designated in the report, the pilot may check out at any
other checking station established hereunder, submitting a written statement of reasons therefor.
All records made hereunder shall be kept on file at the checking stations, and shall be subject to
inspection by the commissioner of transportation, the commissioner of natural resources, or their
authorized agents, and by any conservation officer or other law enforcement officer.
    Subd. 3. Exemption. The provisions of sections 84.43 to 84.52 shall not apply to the use
of aircraft by any officer or agency of the state or of the United States for any authorized public
purpose.
    Subd. 4. Emergency operation permitted. The provisions of sections 84.43 to 84.52 shall
not prohibit or prevent the operation or landing of any aircraft within any such area so far as may
be necessary to save life or property or prevent substantial injury thereto in an emergency.
History: 1949 c 630 s 4; 1967 c 905 s 9; 1969 c 1129 art 10 s 2; 1976 c 166 s 7; 1985 c
248 s 70; 1986 c 444
84.47 PERMITS TO PRIVATE PROPERTY OWNERS; AIRCRAFT FOR HIRE.
    Subdivision 1. Permit issuance; requirements. In case there shall be any private property
situated within any such area and such private property, at the time such area is designated, is
improved and used for purposes for which air transportation is essential, written permits shall
be issued by the commissioner of transportation which shall authorize the operation of aircraft
without check in or check out for the transportation of persons, their lawful possessions and
materials to such extent as is necessary for the continuation of the use of the property affected
existing at the time of the designation of the area, such permits to be issued upon the following
conditions:
(a) The owner, lessee or operator of such private property shall have a licensed seaplane
base on or adjacent to the property.
(b) Such permits shall thereupon be issued to the owner or operator of any aircraft to fly
to, from, and between such bases and such other points as may be designated in the permit,
provided such aircraft owner or operator has first complied with reasonable standards as to safety,
equipment, and insurance to be established by the commissioner of transportation as provided
by law.
(c) If the private property affected is situated in a wilderness area designated by the
commissioner of natural resources as hereinbefore provided, a permit shall be issued for such
aircraft operation as may be necessary for the continuation of any lawful use of the property;
whether existing at the time of the designation of such area or thereafter developed.
(d) A permit shall be effective until the end of the calendar year in which it is issued, and
shall be renewable annually upon the continued existence of the conditions authorizing its
original issue. Every permit shall be subject to suspension or revocation, as the commissioner of
transportation shall determine, upon conviction of the permittee of any violation of the provisions
of sections 84.43 to 84.52.
(e) Every holder of a permit hereunder shall keep daily written records in duplicate, on forms
prescribed by the commissioner of natural resources, of all aircraft operations under the permit,
containing the following information as to each flight, in addition to such other information as
may be required by law or by rules of the commissioner of natural resources: type and federal
registration number of the aircraft; name, address, and license number of the pilot; names and
addresses of passengers; purposes of flight, place, date, and time of beginning and termination of
flight, line of flight and destinations. On or before the fifth of each month the permittee shall mail
one of the duplicates of such records for all flights during the preceding calendar month to the
commissioner of natural resources, who shall keep the same on file and subject to inspection in
like manner as hereinbefore provided for inspection of copies of reports at checking stations.
    Subd. 2. Aircraft for hire. Any aircraft owner or operator carrying passengers for hire from
a licensed seaplane base outside of the wilderness areas may obtain a permit in like manner as
hereinbefore provided for operating between such base or other points outside of such areas, to
be designated in the permit, and any points within such areas, subject to compliance with the
requirements for keeping and mailing records and all other conditions pertaining to permits as
hereinbefore prescribed, so far as applicable.
History: 1949 c 630 s 5; 1969 c 1129 art 10 s 2; 1976 c 166 s 7; 1985 c 248 s 70; 1986 c 444
84.48 TWO-WAY RADIO SYSTEM.
No aircraft shall fly into or over any such area except at the altitudes authorized in section
84.46, without being equipped with a two-way radio system, provided that this requirement
shall not become effective until prescribed by order of the commissioner of transportation and
provided further that when it has been so prescribed, the operator of each such aircraft shall
report the operator's presence and location by radio to such station as may be designated by the
commissioner of transportation and at such times during the operator's stay within the area as
the commissioner of transportation may prescribe. Orders of the commissioner of transportation
under this section shall be prescribed by rules adopted, modified, or rescinded as may be
necessary for the purposes of sections 84.43 to 84.52 in accordance with the laws relating to the
commissioner's rules in other cases.
History: 1949 c 630 s 6; 1976 c 166 s 7; 1985 c 248 s 70; 1986 c 444
84.49 WATERCRAFT, LIMITATION OF OPERATION.
No aircraft pilot, owner or operator shall keep or maintain within any wilderness area
designated hereunder, any boat, canoe or other watercraft at any point within such area except
at private property encumbered with a structure or structures suitable for human occupancy, or
unless in the immediate possession and control of a person authorized by the owner to so possess
and control it. Any boat, canoe or other watercraft not so maintained, possessed or controlled
shall be deemed contraband and be subject to confiscation in the name of the state by any state
conservation officer or peace officer and shall be disposed of in the same manner as other property
confiscated by the director of game and fish.
History: 1949 c 630 s 7; 1967 c 905 s 9
84.50 VIOLATIONS AND PENALTIES.
Violation of any provision of sections 84.43 to 84.52 shall be a misdemeanor, and any
court imposing sentence shall be authorized upon recommendation of the commissioner of
transportation to prohibit the pilot so convicted from operating an aircraft within the state for a
period not exceeding one year.
History: 1949 c 630 s 8; 1976 c 166 s 7
84.51 INSPECTION.
Every aircraft while landed at a checking station to report as herein provided shall be
subject to inspection by the commissioner of natural resources or an authorized agent, or by any
conservation officer, any of whom may, without a warrant, examine and search such aircraft
for wild animals illegally taken or possessed or for other things declared contraband by the
laws relating to wild animals, and may seize and confiscate in the name of the state any such
contraband which may thereupon be found.
History: 1949 c 630 s 9; 1967 c 905 s 9; 1969 c 1129 art 10 s 2; 1986 c 444
84.52 CERTAIN ZONING RULES APPLICABLE.
Nothing herein contained shall authorize interference or conflict with the operation of any
airport or other aeronautics facilities authorized, constructed, or maintained under any law, nor
so as to interfere or conflict with any zoning rules or any other rules relating to aeronautics
prescribed by or adopted pursuant to any other law.
History: 1949 c 630 s 10; 1985 c 248 s 70
84.521 SUSPENSION OF SECTIONS 84.43 TO 84.52.
The operation of Minnesota Statutes 1949, sections 84.43 to 84.52, is hereby temporarily
suspended, which suspension shall be effective during such time as Executive Order 10092,
issued December 20, 1949, by the President of the United States remains in effect.
History: 1951 c 157 s 1
84.523 BWCA; MANAGEMENT OF MINERALS AND RELATED RESOURCES.
    Subdivision 1. Definition. For the purposes of this section, the term "Boundary Waters
Canoe Area" means that area of lands and waters included within the boundaries designated
in federal regulation REG U-3, Code of Federal Regulations, title 36, section 293.16, as that
regulation provided on January 1, 1975.
    Subd. 2. Intent. The legislature finds that a combination of state legislative and
administrative actions and court decisions have established a public policy of primarily wilderness
management for state lands and waters within the Boundary Waters Canoe Area. This state
policy, together with a similar federal policy and international actions consistent with these state
and federal policies, has created an area of hundreds of thousands of acres of land and water
containing myriad lakes and streams, wooded shores, virgin forests, and other natural attractions
of surpassing scenic beauty and solitude, free from substantially all commercial activities and
artificial development such as hydroelectric dams and power lines, resorts, roads, sawmills, and
timber harvesting in no-cut zones.
    Subd. 3. Mining; prohibition. Except with the prior approval of the legislature in those
cases of national emergency which have been declared by the Congress and which direct the need
for exploration and mining of federal lands within the Boundary Waters Canoe Area, and after an
investigation and determination by the commissioner of natural resources pursuant to subdivision
5 no state-owned or administered land may be leased for exploration or mining of minerals, and
no state permits, licenses or leases shall be issued to use any other state natural resources for any
mineral exploration or mining operations in the Boundary Waters Canoe Area.
    Subd. 4. Peat harvesting; prohibition. Except with prior approval of the legislature in those
cases of national emergency which have been declared by the Congress and which direct the need
for exploitation of peat deposits on federal land within the Boundary Waters Canoe Area, and
after an investigation and determination by the commissioner of natural resources pursuant to
subdivision 5 no state-owned or administered land may be leased for the purpose of harvesting
peat, and no state permits, licenses or leases shall be issued to use any other state natural resources
for the purpose of harvesting peat in the Boundary Waters Canoe Area.
    Subd. 5. Investigation and determination. In the event of a national emergency declared by
Congress which requires, for the protection of national interests, exploitation of natural resources
of the type found in the Boundary Waters Canoe Area, the commissioner of natural resources shall
investigate and determine if there are reasonable alternative methods for providing the needed
resources. If the investigation shows there are reasonable alternatives to exploitation of natural
resources in the area, no permit for development shall be issued. If the commissioner of natural
resources determines there is a need to provide resources from within the Boundary Waters Canoe
Area, and that there is no reasonable alternative available to meet the need, a permit may be
issued upon approval by the state legislature.
    Subd. 6. State-owned lands. Acquired lands owned by the state within the Boundary Waters
Canoe Area defined in subdivision 1 are designated as state wilderness areas under section
86A.05, subdivision 6.
History: 1976 c 322 s 1; 1Sp2003 c 13 s 1
    Subdivision 1.[Repealed, 1993 c 337 s 20]
    Subd. 2.[Repealed, 1993 c 337 s 20]
    Subd. 3.[Repealed, 1983 c 260 s 68]
    Subd. 4.[Repealed, 1983 c 260 s 68]
84.525 MAINTENANCE OF CAMPSITES IN THE BWCA.
All reservation fees paid to the state attributable to state-owned lands within the Boundary
Waters Canoe Area must be credited to an account in the special revenue fund and are appropriated
to the commissioner of natural resources for maintenance of state-owned campsites within the
Boundary Waters Canoe Area. The commissioner may enter into cooperative agreements with the
federal government for maintenance of the campsites.
History: 1992 c 513 art 2 s 21
84.53 TOPOGRAPHIC SURVEY.
The commissioner of natural resources is authorized to make or provide for a topographic
survey of the state and maps thereof, including preliminary aerial surveys incidental thereto, so
far as funds may be made available therefor, and subject to the provisions hereof. For that purpose
the commissioner may cooperate with the United States Geological Survey or any other federal,
state, or local public agency or governmental subdivision, or with any private agency, under
conditions mutually agreed upon. The commissioner may accept gifts or grants of money or
property for the purposes hereof, and the same are hereby appropriated therefor. All surveys and
maps made hereunder shall conform with standards prescribed or approved by the United States
Geological Survey or other federal authority.
History: 1949 c 669 s 1; 1969 c 1129 art 10 s 2; 1986 c 444
84.54 [Repealed, 1993 c 163 art 1 s 35]
84.55 COOPERATION OF COUNTY OR MUNICIPALITY.
The county board of any county or the governing body of any municipality may cooperate
with or through the commissioner of natural resources and may provide facilities or equipment
and expend money in furtherance of the provisions of sections 84.53 to 84.55 in consideration
of benefits derived therefrom. Such expenditures may be made by direct payment for specified
projects or operations or by contributions to the commissioner of natural resources for disposal in
accordance with any agreement made hereunder.
History: 1949 c 669 s 3; 1969 c 1129 art 10 s 2; 1Sp1981 c 4 art 1 s 63
84.56 [Temporary appropriation]
84.57 [Repealed, 1989 c 326 art 3 s 48]
84.58 [Repealed, 1989 c 326 art 3 s 48]
84.59 [Repealed, 1989 c 326 art 3 s 48]
84.60 [Repealed, 1989 c 326 art 3 s 48]
84.61 [Repealed, 1989 c 326 art 3 s 48]
84.611 [Repealed, 1989 c 326 art 3 s 48]
84.62 [Repealed, 1989 c 326 art 3 s 48]
84.621 [Repealed, 1989 c 326 art 3 s 48]
84.63 CONVEYANCE OF INTERESTS IN LANDS TO STATE AND FEDERAL
GOVERNMENTS.
Notwithstanding any existing law to the contrary, the commissioner of natural resources is
hereby authorized on behalf of the state to convey to the United States or to the state of Minnesota
or any of its subdivisions, upon state-owned lands under the administration of the commissioner
of natural resources, permanent or temporary easements for specified periods or otherwise
for trails, highways, roads including limitation of right of access from the lands to adjacent
highways and roads, flowage for development of fish and game resources, stream protection, flood
control, and necessary appurtenances thereto, such conveyances to be made upon such terms and
conditions including provision for reversion in the event of non-user as the commissioner of
natural resources may determine.
History: Ex1967 c 21 s 1; 1969 c 1129 art 10 s 2; 1998 c 403 s 2
84.631 ROAD EASEMENTS ACROSS STATE LANDS.
(a) Except as provided in section 85.015, subdivision 1b, the commissioner, on behalf of the
state, may convey a road easement across state land under the commissioner's jurisdiction other
than school trust land, to a private person requesting an easement for access to property owned by
the person only if the following requirements are met: (1) there are no reasonable alternatives
to obtain access to the property; and (2) the exercise of the easement will not cause significant
adverse environmental or natural resource management impacts.
(b) The commissioner shall:
(1) require the applicant to pay the market value of the easement;
(2) provide that the easement reverts to the state in the event of nonuse; and
(3) impose other terms and conditions of use as necessary and appropriate under the
circumstances.
(c) An applicant shall submit a fee of up to $2,000 with each application for a road easement
across state land. The commissioner must give the applicant an estimate of the costs of the road
easement before the applicant submits the fee. The application fee is nonrefundable, even if the
application is withdrawn or denied.
(d) Fees collected under paragraph (c) must be deposited in the land management account in
the natural resources fund.
History: 1983 c 297 s 1; 1986 c 444; 1988 c 628 s 2; 1995 c 220 s 58; 1Sp2005 c 1 art 2 s 18
84.632 CONVEYANCE OF UNNEEDED STATE EASEMENTS.
(a) Notwithstanding section 92.45, the commissioner of natural resources may, in the name of
the state, release all or part of an easement acquired by the state upon application of a landowner
whose property is burdened with the easement if the easement is not needed for state purposes.
(b) All or part of an easement may be released by payment of consideration of not less
than $500, to be determined by the commissioner. The release must be in a form approved by
the attorney general.
(c) Money received for release of the easement must be credited to the account from which
money was expended for purchase of the easement. If there is no specific account, the money
must be credited to the land acquisition account established in section 94.165.
History: 1988 c 628 s 3; 1993 c 285 s 2
84.64 CONSERVATION RESTRICTIONS.
    Subdivision 1. Acquisition. A conservation restriction for a definite period or in perpetuity
may be acquired by:
(a) The commissioner of natural resources, in the name of the state, by gift, purchase or
exchange, with funds specifically made available for that purpose;
(b) A nonprofit charitable corporation whose purposes include conservation of land or
water areas; or
(c) A home rule charter or statutory city.
    Subd. 2. Definition. For the purpose of this section, a "conservation restriction" means a
right, whether or not stated in the form of a restriction, easement, covenant or condition, in any
deed, will or other instrument executed by or on behalf of the owner of land or in any order of
taking, appropriate to retaining land or water areas predominately in their natural, scenic, open or
wooded condition, or as suitable habitat for fish and wild life, to forbid or limit any or all:
(a) Construction or placing of buildings, roads, signs, billboards or other advertising, utilities
or other structures on or above the ground.
(b) Dumping or placing of soil or other substance or material as landfill, or dumping or
placing of trash, waste or unsightly or offensive materials.
(c) Removal or destruction of trees, shrubs or other vegetation.
(d) Excavation, dredging or removal of loam, peat, gravel, soil, rock or other material
substance in such manner as to affect the surface.
(e) Surface use except for purposes permitting the land or water area to remain predominately
in its natural condition.
(f) Activities detrimental to drainage, flood control, water conservation, erosion control or
soil conservation, or fish and wild life habitat preservation, or
(g) Other acts or uses detrimental to such retention of land or water areas.
History: 1974 c 531 s 1; 1975 c 163 s 1; 1979 c 159 s 1
84.65 CONSERVATION RESTRICTIONS; EFFECT OF RECORDING; RELEASE OF
RESTRICTIONS; ENFORCEMENT.
    Subdivision 1. Enforceability; notice; recording. No conservation restriction defined in
section 84.64 and acquired pursuant to section 84.64, subdivision 1, shall be unenforceable on
account of lack of privity of estate or contract or lack of benefit to particular land. Nonprofit
charitable corporations or home rule charter or statutory cities acquiring such conservation
restrictions shall file a notice of each such acquisition with the Department of Natural Resources
within 90 days. All restrictions shall be duly recorded and indexed in the office of the county
recorder or the registrar of titles for the county where the land lies so as to affect its title, in
the manner of other conveyances of interests in land, and shall describe the land subject to the
restrictions by adequate legal description or by reference to a recorded plat showing its boundaries.
    Subd. 2. Remedy; right to enter. The restriction may be enforced by injunction and shall
entitle representatives of the holder of it to enter the land in a reasonable manner and at reasonable
times to assure compliance.
    Subd. 3. Conveyance; release; reversion. The restriction may be conveyed in the same
manner as any other interest in land. Notwithstanding any other provision to the contrary, a
restriction may be released by the holder of the restriction or the dominant interest to the holder
of the fee title or the servient interest. In the event a corporation, defined in section 84.64,
subdivision 1
, clause (b), no longer holds a license to do business in Minnesota, and said
corporation has made no provision for the disposition of a conservation restriction held by it by
transfer to another nonprofit corporation, the conservation restriction shall revert to and vest in the
state of Minnesota and be administered by the commissioner of natural resources.
    Subd. 4. Construction. This section shall not be construed to imply that any restriction,
easement, covenant or condition which does not have the benefit of this section shall, on account
of any provision hereof, be unenforceable. Nothing in this section or section 84.64 shall diminish
the powers granted by law to the commissioner of natural resources or to any other state agency
or political subdivision to acquire by purchase, gift, eminent domain or otherwise and to use land
for public purposes.
History: 1974 c 531 s 2; 1975 c 163 s 2,3; 1976 c 181 s 2; 1979 c 159 s 2

OFF-HIGHWAY VEHICLES

84.771 OFF-HIGHWAY VEHICLE DEFINITION.
For the purposes of sections 84.771 to 84.930, "off-highway vehicle" means an off-highway
motorcycle, as defined under section 84.787, subdivision 7; an off-road vehicle, as defined
under section 84.797, subdivision 7; or an all-terrain vehicle, as defined under section 84.92,
subdivision 8
.
History: 2003 c 128 art 1 s 18
84.773 RESTRICTIONS ON OPERATION.
    Subdivision 1. Restrictions. A person may not intentionally operate an off-highway vehicle:
(1) on a trail on public land that is designated or signed for nonmotorized use only;
(2) on restricted areas within public lands that are posted or where gates or other clearly
visible structures are placed to prevent unauthorized motorized vehicle access;
(3) except as specifically authorized by law or rule adopted by the commissioner, in unfrozen
public waters, as defined in section 103G.005; in a state park; in a scientific and natural area; or
in a wildlife management area; or
(4) in a calcareous fen, as identified by the commissioner.
    Subd. 2. Wetland disturbance. A person may not operate an off-highway vehicle in a
manner to:
(1) indicate a willful, wanton, or reckless disregard for the safety of persons or property;
(2) carelessly upset the natural and ecological balance of a wetland or public waters wetland;
or
(3) impact a wetland or public waters wetland in excess of the amounts authorized in section
103G.2241, subdivision 9, unless:
(i) sequencing of the impact is followed according to section 103G.222, subdivision 1,
paragraph (b), and the impact is repaired under section 103G.2242, and rules adopted pursuant to
that section; or
(ii) the activity is exempt under section 103G.2241.
    Subd. 3. Private land access. The commissioner may grant up to a ten-year permit to exempt
a private landowner or leaseholder from this section when the only reasonable access to a permit
applicant's land is across state land.
History: 2003 c 128 art 1 s 19; 2004 c 255 s 6
84.775 OFF-HIGHWAY VEHICLE CIVIL CITATIONS.
    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, subdivision 1 or 2, clause (1);
84.777; 84.788 to 84.795; or 84.90;
(2) an off-road vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1); 84.777;
84.798 to 84.804; or 84.90; or
(3) an all-terrain vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1);
84.777; 84.90; or 84.922 to 84.928.
(b) A civil citation under paragraph (a) shall require restitution for public and private
property damage and impose a penalty of:
(1) $100 for the first offense;
(2) $200 for the second offense; and
(3) $500 for third and subsequent offenses.
(c) A conservation officer or other licensed peace officer may issue a civil citation to a person
who operates an off-highway motorcycle, off-road vehicle, or all-terrain vehicle in violation of
section 84.773, subdivision 2, clause (2) or (3). A civil citation under this paragraph shall require
restitution for damage to wetlands and impose a penalty of:
(1) $100 for the first offense;
(2) $500 for the second offense; and
(3) $1,000 for third and subsequent offenses.
(d) 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.
(e) An off-road vehicle or all-terrain vehicle that is equipped with a snorkel device and
receives a civil citation under this section is subject to twice the penalty amounts in paragraphs
(b) and (c).
    Subd. 2. Appeals. Civil citations issued under subdivision 1 may be appealed according to
section 116.072, if the recipient of the citation requests a hearing by notifying the commissioner
in writing within 30 days after receipt of the citation or, if applicable, within 15 days after
the date of mailing the explanation of restitution. For the purposes of this section, the terms
"commissioner" and "agency" as used in section 116.072 mean the commissioner of natural
resources. If a hearing is not requested within the 30-day period, the citation becomes a final
order not subject to further review.
    Subd. 3. Enforcement. Civil citations issued under subdivision 1 may be enforced under
section 116.072, subdivision 9. Penalty amounts must be remitted within 30 days of issuance
of the citation.
    Subd. 4. Allocation of penalty amounts. Penalty amounts collected from civil citations
issued under this section must be paid to the treasury of the unit of government employing the
officer that issued the civil citation. Penalties retained by the commissioner shall be credited as
follows: to the off-highway motorcycle account under section 84.794 for citations involving
off-highway motorcycles; to the off-road vehicle account under section 84.803 for citations
involving off-road vehicles; or to the all-terrain vehicle account under section 84.927 for citations
involving all-terrain vehicles. Penalty amounts credited under this subdivision are dedicated for
the enforcement of off-highway vehicle laws.
    Subd. 5. Selection of remedy. A peace officer may not seek both civil and misdemeanor
penalties for offenses listed in subdivision 1.
History: 2003 c 128 art 1 s 20; 2004 c 221 s 7; 1Sp2005 c 1 art 2 s 19
84.777 OFF-HIGHWAY VEHICLE USE OF STATE LANDS RESTRICTED.
(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.
History: 2003 c 128 art 1 s 21
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, 2008, 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, 2008.
History: 2003 c 128 art 1 s 22; 2004 c 221 s 8; 1Sp2005 c 1 art 2 s 20
84.781 USE OF DEPARTMENT RESOURCES.
The commissioner of natural resources may permit Department of Natural Resources
personnel and equipment from the Division of Trails and Waterways to be used to assist local
units of government in developing and maintaining off-highway vehicle grant-in-aid trails located
on property owned by or under the control of the local unit of government.
History: 1Sp2005 c 1 art 2 s 21

OFF-HIGHWAY MOTORCYCLES

84.787 DEFINITIONS.
    Subdivision 1. Scope. The definitions in this section apply to sections 84.787 to 84.796.
    Subd. 2. Accompanied. "Accompanied" means subject to continuous direction or control.
    Subd. 3. City. "City" means a statutory or home rule charter city.
    Subd. 4. Commissioner. "Commissioner" means the commissioner of natural resources.
    Subd. 5. Dealer. "Dealer" means a person engaged in the business of selling off-highway
motorcycles at wholesale or retail.
    Subd. 6. Manufacturer. "Manufacturer" means a person engaged in the business of
manufacturing off-highway motorcycles.
    Subd. 7. Off-highway motorcycle. "Off-highway motorcycle" means a motorized,
off-highway vehicle traveling on two wheels and having a seat or saddle designed to be straddled
by the operator and handlebars for steering control, including a vehicle that is registered under
chapter 168 for highway use if it is also used for off-highway operation on trails or unimproved
terrain.
    Subd. 8. Owner. "Owner" means a person, other than a person with a security interest,
that has a property interest in or title to an off-highway motorcycle and is entitled to the use
and possession of the motorcycle.
    Subd. 9. Person. "Person" has the meaning given it in section 336.1-201(b)(27).
    Subd. 10. Public road right-of-way. "Public road right-of-way" means the entire
right-of-way of a town road or a county, county state-aid, or trunk highway, including the traveled
portions, banks, ditches, shoulders, and medians.
    Subd. 11. Register. "Register" means the act of assigning a registration number to an
off-highway motorcycle.
History: 1993 c 311 art 1 s 1; 2004 c 162 art 3 s 2
84.788 REGISTRATION.
    Subdivision 1. General requirements. Unless exempted in subdivision 2, after January 1,
1994, a person may not operate and an owner may not give permission for another to operate
an off-highway motorcycle on public lands or waters unless the vehicle has been registered
under this section.
    Subd. 2. Exemptions. Registration is not required for off-highway motorcycles:
(1) owned and used by the United States, the state, another state, or a political subdivision;
(2) registered in another state or country that have not been within this state for more than 30
consecutive days; or
(3) registered under chapter 168, when operated on forest roads to gain access to a state
forest campground.
    Subd. 3. Application; issuance; reports. (a) Application for registration or continued
registration must be made to the commissioner or an authorized deputy registrar of motor vehicles
in a form prescribed by the commissioner. The form must state the name and address of every
owner of the off-highway motorcycle.
(b) A person who purchases from a retail dealer an off-highway motorcycle shall make
application for registration to the dealer at the point of sale. The dealer shall issue a dealer
temporary ten-day registration permit to each purchaser who applies to the dealer for registration.
The dealer shall submit the completed registration applications and fees to the deputy registrar
at least once each week. No fee may be charged by a dealer to a purchaser for providing the
temporary permit.
(c) Upon receipt of the application and the appropriate fee, the commissioner or deputy
registrar shall issue to the applicant, or provide to the dealer, an assigned registration number or a
commissioner or deputy registrar temporary ten-day permit. Once issued, the registration number
must be affixed to the motorcycle according to paragraph (f). A dealer subject to paragraph (b)
shall provide the registration materials or temporary permit to the purchaser within the ten-day
temporary permit period.
(d) The commissioner shall develop a registration system to register vehicles under this
section. A deputy registrar of motor vehicles acting under section 168.33, is also a deputy
registrar of off-highway motorcycles. The commissioner of natural resources in agreement with
the commissioner of public safety may prescribe the accounting and procedural requirements
necessary to ensure efficient handling of registrations and registration fees. Deputy registrars shall
strictly comply with the accounting and procedural requirements.
(e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged for each
off-highway motorcycle registration renewal, duplicate or replacement registration card, and
replacement decal and a filing fee of $7 is charged for each off-highway motorcycle registration
and registration transfer issued by:
(1) a deputy registrar and must be deposited in the treasury of the jurisdiction where the
deputy is appointed, or kept if the deputy is not a public official; or
(2) the commissioner and must be deposited in the state treasury and credited to the
off-highway motorcycle account.
(f) Unless exempted in paragraph (g), the owner of an off-highway motorcycle must
display a registration decal issued by the commissioner. If the motorcycle is licensed as a motor
vehicle, a registration decal must be affixed on the upper left corner of the rear license plate. If
the motorcycle is not licensed as a motor vehicle, the decal must be attached on the side of
the motorcycle and may be attached to the fork tube. The decal must be attached in a manner
so that it is visible while a rider is on the motorcycle. The issued decals must be of a size to
work within the constraints of the electronic licensing system, not to exceed three inches high
and three inches wide.
(g) Display of a registration decal is not required for an off-highway motorcycle:
(1) while being operated on private property; or
(2) while competing in a closed-course competition event.
    Subd. 4. Registration card; signature; replacement fee. The commissioner shall provide to
the registrant a registration card that includes the registration number, the date of registration,
the make and serial number of the off-highway motorcycle, the owner's name and address, and
additional information the commissioner may require. The registration is not valid unless signed
by at least one owner. Information concerning registrations must be kept by the commissioner.
Upon a satisfactory showing that the registration card has been lost or destroyed, the commissioner
shall issue a replacement registration card upon payment of a fee of $4. The fees collected from
replacement registration cards must be credited to the off-highway motorcycle account.
    Subd. 5. Report of transfers; fee. A person who sells or transfers ownership of an
off-highway motorcycle registered under this section shall report the sale or transfer to the
commissioner within 15 days of the date of transfer. An application for transfer must be executed
by the registered owner and the buyer on a form prescribed by the commissioner with the owner's
registration certificate, a bill of sale, and a $4 fee.
    Subd. 6. Registration fees. (a) The fee for registration of an off-highway motorcycle under
this section, other than those registered by a dealer or manufacturer under paragraph (b) or (c), is
$30 for three years and $4 for a duplicate or transfer.
(b) The total registration fee for off-highway motorcycles owned by a dealer and operated
for demonstration or testing purposes is $50 per year. Dealer registrations are not transferable.
(c) The total registration fee for off-highway motorcycles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes is $150 per year.
Manufacturer registrations are not transferable.
(d) The fees collected under this subdivision must be deposited in the state treasury and
credited to the off-highway motorcycle account.
    Subd. 7. Renewal. An owner of an off-highway motorcycle must renew registration in a
manner prescribed by the commissioner upon payment of the appropriate registration fee in
subdivision 6.
    Subd. 8. Vehicles owned by state or political subdivision. A registration number must be
issued without the payment of a fee for off-highway motorcycles owned by the state or political
subdivision upon application.
    Subd. 9. Licensing by political subdivisions. A political subdivision of this state may not
require licensing or registration of off-highway motorcycles covered by sections 84.787 to 84.796.
    Subd. 10. Registration by minors prohibited. A person under the age of 18 may not
register an off-highway motorcycle.
    Subd. 11. Refunds. The commissioner may issue a refund on a registration, not including any
issuing fees paid under subdivision 3, paragraph (e), or section 84.027, subdivision 15, paragraph
(a), clause (3), if the refund request is received within 12 months of the original registration and:
(1) the off-highway motorcycle was registered incorrectly by the commissioner or the
deputy registrar; or
(2) the off-highway motorcycle was registered twice, once by the dealer and once by the
customer.
History: 1993 c 311 art 1 s 2; 1995 c 220 s 59; 1996 c 410 s 20; 2001 c 185 s 2,3; 2003 c
128 art 1 s 23,24; 1Sp2005 c 1 art 2 s 22,23
84.789 REQUIREMENTS OF MAKERS OF OFF-HIGHWAY MOTORCYCLES; SOUND
EMISSIONS.
    Subdivision 1. Identification number. An off-highway motorcycle made after January 1,
1994, and sold in the state, must have a manufacturer's permanent identification number stamped
in letters and numbers on the vehicle in the form and at a location prescribed by the commissioner.
    Subd. 2. Registration number. An off-highway motorcycle made after January 1, 1995, and
sold in the state, must be designed and made to provide an area to affix the registration number.
This area must be at a location and of dimensions prescribed by the commissioner.
    Subd. 3. Sound emissions. (a) On and after July 1, 2006, off-highway motorcycles, when
operating on public lands, shall at all times be equipped with a silencer or other device that limits
sound emissions according to this subdivision.
(b) Sound emissions of competition off-highway motorcycles manufactured on or after
January 1, 1998, are limited to not more than 96 dbA and, if manufactured prior to January 1,
1998, to not more than 99 dbA, when measured from a distance of 20 inches using test procedures
established by the Society of Automotive Engineers under Standard J-1287, as applicable.
(c) Sound emissions of all other off-highway motorcycles are limited to not more than 96
dbA if manufactured on or after January 1, 1986, and not more than 99 dbA if manufactured prior
to January 1, 1986, when measured from a distance of 20 inches using test procedures established
by the Society of Automotive Engineers under Standard J-1287, as applicable.
(d) Off-highway motorcycles operating in closed course competition events are excluded
from the requirements of this subdivision.
History: 1993 c 311 art 1 s 3; 1Sp2005 c 1 art 2 s 24
84.79 RULEMAKING; ACCIDENT REPORT.
(a) With a view of achieving proper use of off-highway motorcycles consistent with
protection of the environment, the commissioner, in consultation with the commissioners of
public safety and transportation, shall adopt rules under chapter 14 relating to:
(1) registration of off-highway motorcycles and display of registration numbers;
(2) use of off-highway motorcycles insofar as game and fish resources are affected;
(3) use of off-highway motorcycles on public lands and waters under the jurisdiction of the
commissioner;
(4) uniform signs to be used by the state, counties, and cities necessary or desirable to
control, direct, or regulate the operation and use of off-highway motorcycles; and
(5) off-highway motorcycle sound levels.
(b) The commissioner of public safety, in consultation with the commissioners of natural
resources and transportation, may adopt rules under chapter 14 regulating the use of off-highway
motorcycles on public roads.
(c) The operator and an officer investigating an accident of an off-highway motorcycle
resulting in injury requiring medical attention or hospitalization to or death of a person or total
damage to an extent of $500 or more shall forward within ten days a written report of the accident
to the commissioner on a form prescribed by the commissioner.
History: 1993 c 311 art 1 s 4
84.791 EDUCATION AND TRAINING.
    Subdivision 1. Program established; when required. (a) The commissioner shall establish
a comprehensive off-highway motorcycle environment and safety education and training
program, including the preparation and dissemination of vehicle information and safety advice to
the public, the training of off-highway motorcycle operators, and the issuance of off-highway
motorcycle safety certificates to operators under the age of 16 years who successfully complete
the off-highway motorcycle environment and safety education and training courses.
(b) An individual who is convicted of violating a law related to the operation of an
off-highway motorcycle must successfully complete the environment and safety education and
training program established under paragraph (a) before continuing operation of an off-highway
motorcycle.
    Subd. 2. 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, to include a $1 issuing fee
for licensing agents, that neither significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the service. The fees, except for the issuing fee for
licensing agents under this subdivision, shall be deposited in the state treasury and credited to the
off-highway motorcycle account in the natural resources fund.
    Subd. 3. Cooperation and consultation. 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. 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 off-road motorcycle operators.
    Subd. 4. Off-highway motorcycle safety courses; reciprocity with other states. The
commissioner may enter into reciprocity agreements or otherwise certify off-highway motorcycle
environment and safety education and training courses from other states that are substantially
similar to in-state courses. Proof of completion of a course subject to a reciprocity agreement
or certified as substantially similar is adequate to meet the safety certificate requirements of
sections 84.787 to 84.796.
    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.
History: 1993 c 311 art 1 s 5; 2003 c 28 art 1 s 5; 2004 c 221 s 9,10; 1Sp2005 c 1 art
2 s 25,26
84.792 [Repealed, 2001 c 185 s 34]
84.793 YOUTHFUL OPERATORS; PROHIBITIONS.
    Subdivision 1. Prohibitions on youthful operators. (a) After January 1, 1995, a person less
than 16 years of age operating an off-highway motorcycle on public lands or waters must possess
a valid off-highway motorcycle safety certificate issued by the commissioner.
(b) Except for operation on public road rights-of-way that is permitted under section 84.795,
subdivision 1
, a driver's license issued by the state or another state is required to operate an
off-highway motorcycle along or on a public road right-of-way.
(c) A person under 12 years of age may not:
(1) make a direct crossing of a public road right-of-way;
(2) operate an off-highway motorcycle on a public road right-of-way in the state; or
(3) operate an off-highway motorcycle on public lands or waters unless accompanied on
another off-highway motorcycle by a person 18 years of age or older.
(d) Except for public road rights-of-way of interstate highways, a person less than 16 years
of age may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or
county highway only if that person is accompanied on another off-highway motorcycle by a
person 18 years of age or older who holds a valid driver's license.
(e) A person less than 16 years of age may operate an off-highway motorcycle on public
road rights-of-way in accordance with section 84.795, subdivision 1, paragraph (a), only if that
person is accompanied on another off-highway motorcycle by a person 18 years of age or older
who holds a valid driver's license.
    Subd. 2. Helmet required. A person less than 18 years of age may not operate an
off-highway motorcycle on public land, public waters, or on a public road right-of-way unless
wearing a safety helmet approved by the commissioner of public safety.
    Subd. 3. Prohibitions on owner. An owner of an off-highway motorcycle may not
knowingly allow it to be operated contrary to this section.
    Subd. 4. Eye protection required. A person may not operate an off-highway motorcycle
without an eye-protective device.
History: 1993 c 311 art 1 s 7
84.794 OFF-HIGHWAY MOTORCYCLE ACCOUNT; RECEIPTS AND ALLOCATIONS.
    Subdivision 1. Registration revenue. Fees from the registration of off-highway motorcycles
and the unrefunded gasoline tax attributable to off-highway motorcycle use under section
296A.18 must be deposited in the state treasury and credited to the off-highway motorcycle
account in the natural resources fund.
    Subd. 2. Purposes. (a) Subject to appropriation by the legislature, money in the off-highway
motorcycle account may only be spent for:
(1) administration, enforcement, and implementation of sections 84.787 to 84.796;
(2) acquisition, maintenance, and development of off-highway motorcycle trails and use
areas; and
(3) grants-in-aid to counties and municipalities to construct and maintain off-highway
motorcycle trails and use areas.
(b) The distribution of funds made available for grants-in-aid must be guided by the
statewide comprehensive outdoor recreation plan.
History: 1993 c 311 art 1 s 8; 1994 c 587 art 12 s 1; 1998 c 299 s 30
84.795 OPERATION REQUIREMENTS; LOCAL REGULATION.
    Subdivision 1. Operation on public road rights-of-way. (a) A person may not operate an
off-highway motorcycle within the right-of-way of a town road or a trunk, county state-aid, or
county highway in this state unless the right-of-way encompasses:
(1) a trail administered by the commissioner and designated for off-highway motorcycle
use or multiple use; or
(2) a corridor access trail designated under paragraph (b).
(b) A road authority, as defined in section 160.02, subdivision 25, may designate, with the
approval of the commissioner, corridor access trails on public road rights-of-way for gaining
access to established off-highway motorcycle trails.
(c) A person may not operate an off-highway motorcycle upon a trunk, county state-aid, or
county highway in this state unless the vehicle is equipped with at least one headlight and one
taillight, each of minimum candlepower as prescribed by rule of the commissioner, and with
brakes conforming to standards prescribed by rule of the commissioner, all of which are subject to
the approval of the commissioner of public safety.
(d) A person may not operate an off-highway motorcycle at any time within the right-of-way
of an interstate highway or freeway within this state.
    Subd. 2. Crossing public road right-of-way. (a) A person operating an off-highway
motorcycle may make a direct crossing of a public road right-of-way provided:
(1) the crossing is made at an angle of approximately 90 degrees to the direction of the road
and at a place where no obstruction prevents a quick and safe crossing;
(2) the off-highway motorcycle is brought to a complete stop before crossing the shoulder
or main traveled way of the road;
(3) the driver yields the right-of-way to all oncoming traffic that constitutes an immediate
hazard;
(4) in crossing a divided road, the crossing is made only at an intersection of the road with
another public road; and
(5) if the crossing is made between the hours of one-half hour after sunset to one-half hour
before sunrise or in conditions of reduced visibility, only if both front and rear lights are on.
(b) Chapters 169 and 169A apply to the operation of off-highway motorcycles upon streets
and highways, except for those provisions relating to required equipment and those provisions
that by their nature have no application.
    Subd. 3. Exemptions. Subdivisions 1 and 2 do not apply to vehicles registered for public
road use under chapter 168 when being operated on a traveled portion of a public road.
    Subd. 4. Operation generally. A person may not drive or operate an off-highway motorcycle:
(1) at a rate of speed greater than reasonable or proper under the surrounding circumstances;
(2) in a careless, reckless, or negligent manner so as to endanger or to cause injury or damage
to the person or property of another;
(3) in a tree nursery or planting in a manner that damages or destroys growing stock;
(4) without a brake operational by either hand or foot;
(5) at a speed exceeding ten miles per hour on the frozen surface of public waters within 100
feet of a person fishing or a fishing shelter; or
(6) in a manner that violates operation rules adopted by the commissioner.
    Subd. 5. Operating under influence of alcohol or controlled substance. A person may
not operate or be in control of an off-highway motorcycle anywhere in this state or on the ice of
any boundary water of this state while under the influence of alcohol or a controlled substance,
as provided in section 169A.20, and is subject to sections 169A.50 to 169A.53. A conservation
officer of the Department of Natural Resources is a peace officer for the purposes of sections
169A.20 and 169A.50 to 169A.53 as applied to the operation of an off-highway motorcycle in a
manner not subject to registration under chapter 168.
    Subd. 6. Operation prohibited on airports. A person may not drive or operate an
off-highway motorcycle on an airport defined in section 360.013, subdivision 39.
    Subd. 7. Organized contests. Nothing in this section or chapter 169 prohibits the use of
off-highway motorcycles within the right-of-way of a state trunk or county state-aid highway or
upon public lands or waters under the jurisdiction of the commissioner of natural resources, in
an organized contest or event, subject to the consent of the official or board having jurisdiction
over the highway or public lands or waters.
In permitting the contest or event, the official or board having jurisdiction may prescribe
restrictions, conditions, or permit revocation procedures, as the official or board considers
advisable.
    Subd. 8. Regulations by political subdivisions. A county, city, or town, acting through its
governing body, may regulate the operation of off-highway motorcycles on public lands, waters,
and property under its jurisdiction other than public road rights-of-way within its boundaries, by
resolution or ordinance of the governing body and by giving appropriate notice, provided that:
(1) the regulations must be consistent with sections 84.787 to 84.796 and rules adopted
under section 84.79;
(2) an ordinance may not impose a fee for the use of public land or water under the
jurisdiction of either the Department of Natural Resources or another agency of the state, or for
the use of an access to it owned by the state, a county, or a city; and
(3) an ordinance may not require an off-highway motorcycle operator to possess a motor
vehicle driver's license while operating an off-highway motorcycle.
History: 1993 c 311 art 1 s 9; 2000 c 478 art 2 s 7
84.796 PENALTIES.
(a) A person who violates a provision of section 84.788, 84.789, 84.793, or 84.795 is guilty
of a misdemeanor.
(b) A person who violates a provision of a rule adopted under section 84.79 is guilty of a
petty misdemeanor.
History: 1993 c 311 art 1 s 10; 1Sp1995 c 1 s 4; 2001 c 185 s 4

OFF-ROAD VEHICLES

84.797 DEFINITIONS.
    Subdivision 1. Scope. The definitions in this section apply to sections 84.797 to 84.805.
    Subd. 2. City. "City" means a statutory or home rule charter city.
    Subd. 3. Commissioner. "Commissioner" means the commissioner of natural resources.
    Subd. 4. Dealer. "Dealer" means a person engaged in the business of selling off-road
vehicles at wholesale or retail.
    Subd. 5. Manufacturer. "Manufacturer" means a person engaged in the business of
manufacturing off-road vehicles.
    Subd. 6. Off-road. "Off-road" means on trails or nonpublic roads or for cross-country travel
on natural terrain. For purposes of sections 84.797 to 84.805, nonpublic roads include state
forest roads, county forest roads, and other roads and trails that are not operated by a public road
authority as defined in section 160.02, subdivision 25.
    Subd. 7. Off-road vehicle. "Off-road vehicle" or "vehicle" means a motor-driven recreational
vehicle capable of cross-country travel on natural terrain without benefit of a road or trail.
Off-road vehicle does not include a snowmobile; an all-terrain vehicle; a motorcycle; a watercraft;
a farm vehicle being used for farming; a vehicle used for military, fire, emergency, or law
enforcement purposes; a construction or logging vehicle used in the performance of its common
function; a motor vehicle owned by or operated under contract with a utility, whether publicly or
privately owned, when used for work on utilities; a commercial vehicle being used for its intended
purpose; snow-grooming equipment when used for its intended purpose; or an aircraft.
    Subd. 8. Off-road vehicle use area. "Off-road vehicle use area" means an area that is posted
or designated for off-road vehicle use in accordance with rules adopted by the managing authority.
    Subd. 9. Owner. "Owner" means a person, other than a person with a security interest, that
has a property interest in or title to an off-road vehicle and is entitled to the use and possession
of the vehicle.
    Subd. 10. Person. "Person" has the meaning given in section 336.1-201(b)(27).
    Subd. 11. Public road right-of-way. "Public road right-of-way" means the entire
right-of-way of a roadway that is not privately owned, including the traveled portions, banks,
ditches, shoulders, and medians.
    Subd. 12. Off-road vehicle staging area. "Off-road vehicle staging area" means a parking
lot, trail head, campground, or other location to or from which an off-road vehicle is transported
by truck, trailer, or other motor vehicle so that it may be placed into operation or removed from
operation on public lands. Off-road vehicle staging area does not include a location to which an
off-road vehicle is transported primarily for servicing, maintenance, repair, storage, or sale.
History: 1993 c 311 art 2 s 1; 2004 c 162 art 3 s 3
84.798 REGISTRATION.
    Subdivision 1. General requirements. (a) Unless exempted under paragraph (b) or
subdivision 2, after January 1, 1995, a person may not operate and an owner may not give
permission for another to operate an off-road vehicle on off-road vehicle-designated trails or areas
on land administered by the commissioner, or on off-road vehicle grant-in-aid trails and areas
funded under section 84.803, unless the vehicle has been registered under this section.
(b) Annually on the third Saturday of May, nonregistered off-road vehicles may be operated
at the Iron Range Off-Highway Vehicle Recreation Area.
    Subd. 2. Exemptions. Registration is not required for an off-road vehicle that is:
(1) owned and used by the United States, the state, another state, or a political subdivision; or
(2) registered in another state or country and has not been in this state for more than 30
consecutive days.
    Subd. 3. Application; issuance. (a) Application for registration or continued registration
must be made to the commissioner, or an authorized deputy registrar of motor vehicles in a form
prescribed by the commissioner. The form must state the name and address of every owner of the
off-road vehicle. Upon receipt of the application and the appropriate fee, the commissioner shall
register the off-road vehicle and assign a registration number that must be affixed to the vehicle
in accordance with subdivision 4.
(b) A deputy registrar of motor vehicles acting under section 168.33 is also a deputy registrar
of off-road vehicles. The commissioner of natural resources in cooperation with the commissioner
of public safety may prescribe the accounting and procedural requirements necessary to ensure
efficient handling of registrations and registration fees. Deputy registrars shall strictly comply
with the accounting and procedural requirements. In addition to other fees prescribed by law,
a filing fee of $4.50 is charged for each off-road vehicle registration renewal, duplicate or
replacement registration card, and replacement decal and a filing fee of $7 is charged for each
off-road vehicle registration and registration transfer issued by:
(1) a deputy registrar and must be deposited in the treasury of the jurisdiction where the
deputy is appointed, or retained if the deputy is not a public official; or
(2) the commissioner and must be deposited in the state treasury and credited to the off-road
vehicle account.
    Subd. 4. Registration sticker. An off-road vehicle must display a registration sticker issued
by the commissioner. If the vehicle is licensed as a motor vehicle, the registration sticker must
be affixed on the upper left corner of the rear license plate. If the vehicle is not licensed as a
motor vehicle, the owner shall provide a plate not less than four inches high and 7-1/2 inches
wide. The plate must be attached to the rear of the vehicle at least 12 inches from the ground. The
registration sticker must be affixed on the upper left corner of the plate. Plates and registration
stickers must be maintained in a clean and legible condition.
    Subd. 5. Registration card; signature; replacement fee. The commissioner shall provide to
the registrant a registration card that includes the registration number, date of expiration, make
and serial number of the off-road vehicle, owner's name and address, and additional information
the commissioner may require. The registration is not valid unless signed by at least one owner.
Information concerning each registration must be kept by the commissioner. If a registration card
is lost or destroyed, the commissioner shall issue a replacement registration card on payment of a
fee of $4. The fees collected from replacement registration cards must be credited to the off-road
vehicle account in the natural resources fund.
    Subd. 6. Registration fees. (a) The fee for registration of an off-road vehicle under this
section, other than those registered by a dealer or manufacturer under paragraph (b) or (c), is $30
for three years and $4 for a duplicate or transfer.
(b) The total registration fee for off-road vehicles owned by a dealer and operated off-road
for demonstration or testing purposes is $50 per year. Dealer registrations are not transferable.
(c) The total registration fee for off-road vehicles owned by a manufacturer and operated
off-road for research, testing, experimentation, or demonstration purposes is $150 per year.
Manufacturer registrations are not transferable.
(d) The fees collected under this subdivision must be credited to the off-road vehicle account
in the natural resources fund.
    Subd. 7. Renewal. An owner of an off-road vehicle must renew registration in a manner
prescribed by the commissioner upon payment of the appropriate registration fee under
subdivision 5.
    Subd. 8. Licensing by political subdivisions. A political subdivision may not require
licensing or registration of off-road vehicles regulated under sections 84.797 to 84.805.
    Subd. 9. Registration by minors prohibited. A person under the age of 18 may not register
an off-road vehicle.
    Subd. 10. Refunds. The commissioner may issue a refund on a registration, not including
any issuing fees paid under subdivision 3, paragraph (b), or section 84.027, subdivision 15,
paragraph (a), clause (3), if the refund request is received within 12 months of the original
registration and the vehicle was registered incorrectly by the commissioner or the deputy registrar.
History: 1993 c 311 art 2 s 2; 1995 c 220 s 60; 2001 c 185 s 5,6; 2003 c 128 art 1 s 25;
1Sp2005 c 1 art 2 s 27,29
84.799 VEHICLE IDENTIFICATION NUMBER.
An off-road vehicle manufactured after January 1, 1995, and sold in the state must have a
manufacturer's permanent identification number stamped in letters and numbers on the vehicle.
History: 1993 c 311 art 2 s 3
84.80 RULEMAKING; ACCIDENT REPORT.
    Subdivision 1. Rules. The commissioner shall adopt rules under chapter 14 relating to:
(1) the use of off-road vehicles, in a manner consistent with protection of the environment, on
public lands and waters under the jurisdiction of the commissioner of natural resources, including
measures to minimize adverse impacts on soils, waters, vegetation, and wildlife;
(2) off-road vehicle equipment and safety standards, in consultation with the commissioner
of public safety;
(3) uniform signs to be used by the state, counties, and cities to control, direct, or regulate the
operation and use of off-road vehicles; and
(4) maximum off-road vehicle sound levels.
    Subd. 2. Accident report; requirement and form. The operator and an officer investigating
an accident involving an off-road vehicle and resulting in injury requiring medical attention or
hospitalization, death, or total damage of $300 or more shall forward within ten days a written
report of the accident to the commissioner of natural resources on a form prescribed by either the
commissioner or the commissioner of public safety.
History: 1993 c 311 art 2 s 4
84.801 [Repealed, 2001 c 185 s 34]
84.8015 EDUCATION AND TRAINING.
    Subdivision 1. Program established; when required. (a) The commissioner shall establish
a comprehensive off-road vehicle environment and safety education and training program,
including the preparation and dissemination of vehicle information and safety advice to the
public, the training of off-road vehicle operators, and the issuance of off-road vehicle safety
certificates to operators 16 to 18 years of age who successfully complete the off-road vehicle
environment and safety education and training courses.
(b) Beginning July 1, 2006, an individual who is convicted of violating a law related to
the operation of an off-road vehicle must successfully complete the environment and safety
education and training program established under paragraph (a) before continuing operation of
an off-road vehicle.
    Subd. 2. 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 $15 from each person who receives the training. The commissioner shall collect a fee
for issuing a duplicate off-road vehicle safety certificate. The commissioner shall establish the
fee for a duplicate off-road vehicle 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-road vehicle account.
    Subd. 3. Cooperation and consultation. 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. 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 off-road vehicle operators.
    Subd. 4. Reciprocity with other states. The commissioner may enter into reciprocity
agreements or otherwise certify off-road vehicle environment and safety education and training
courses from other states that are substantially similar to in-state courses. Proof of completion of a
course subject to a reciprocity agreement or certified as substantially similar is adequate to meet
the safety certificate requirements of this section.
History: 1Sp2005 c 1 art 2 s 28
84.802 YOUTHFUL OPERATORS; PROHIBITIONS.
(a) A person under 16 years of age may not operate an off-road vehicle.
(b) Except for operation on public road rights-of-way that is permitted under section 84.804,
a driver's license issued by the state or another state is required to operate an off-road vehicle
along or on a public road right-of-way.
(c) An owner of an off-road vehicle may not knowingly allow it to be operated in violation
of this section.
History: 1993 c 311 art 2 s 6
84.803 OFF-ROAD VEHICLE ACCOUNT; RECEIPTS AND ALLOCATIONS.
    Subdivision 1. Registration revenue. Fees from the registration of off-road vehicles and
unrefunded gasoline tax attributable to off-road vehicle use under section 296A.18 must be
deposited in the state treasury and credited to the off-road vehicle account in the natural resources
fund.
    Subd. 2. Purposes. Subject to appropriation by the legislature, money in the off-road vehicle
account may only be spent for:
(1) administration, enforcement, and implementation of sections 84.773 to 84.805;
(2) acquisition, maintenance, and development of off-road vehicle trails and use areas;
(3) grant-in-aid programs to counties and municipalities to construct and maintain off-road
vehicle trails and use areas;
(4) grants-in-aid to local safety programs; and
(5) enforcement and public education grants to local law enforcement agencies.
History: 1993 c 311 art 2 s 7; 1994 c 587 art 12 s 2; 1998 c 299 s 30; 2003 c 128 art 1 s 26
84.804 OPERATION REQUIREMENTS; LOCAL REGULATION.
    Subdivision 1. Operation on public road rights-of-way. (a) A person may not operate a
vehicle off-road within a public road right-of-way in this state except on a trail designated by the
commissioner and approved by the unit of government having jurisdiction over the right-of-way.
(b) A person may not operate a vehicle off-road within a public road right-of-way between
the hours of one-half hour after sunset to one-half hour before sunrise, except on the right-hand
side of the right-of-way and in the same direction as traffic on the nearest lane of the road.
(c) A person may not operate an off-road vehicle within the right-of-way of an interstate
highway.
    Subd. 2. Crossing public road rights-of-way. (a) An off-road vehicle not registered
under chapter 168 may make a direct crossing of a public road right-of-way for the purpose of
continuing on a designated off-road trail if:
(1) the crossing is made at an angle of approximately 90 degrees to the direction of the road
and at a place where no obstruction prevents a quick and safe crossing;
(2) the vehicle is brought to a complete stop before crossing the shoulder or main traveled
way of the road;
(3) the driver yields the right-of-way to all traffic;
(4) in crossing a divided road, the crossing is made only at an intersection of the road with
another public road; and
(5) if the crossing is made between the hours of one-half hour after sunset to one-half hour
before sunrise or in conditions of reduced visibility, only if both front and rear lights are on.
(b) An off-road vehicle not registered under chapter 168 may be operated on a bridge, other
than a bridge that is part of the main traveled lanes of an interstate highway, or a roadway shoulder
or inside bank of a public road right-of-way when required to avoid obstructions to travel and
no other method of avoidance is possible, provided that the vehicle is operated in the farthest
right-hand lane, the entrance to the roadway is made within 100 feet of the bridge or obstacle,
and the crossing is made without undue delay.
(c) A person may not operate an off-road vehicle on a public street or highway unless the
off-road vehicle is equipped with at least one headlight and one taillight, each of minimum
candlepower as prescribed by rules of the commissioner, and with brakes conforming to standards
prescribed by rule of the commissioner, and all of which are subject to the approval of the
commissioner of public safety.
(d) Chapter 169 applies to the operation of off-road vehicles on streets and highways, except
that those provisions that by their nature have no application and those provisions relating to
required equipment do not apply to vehicles not registered under chapter 168. Chapter 169A
applies to the operation of off-road vehicles anywhere in the state and on the ice of boundary
waters.
(e) A road authority, as defined in section 160.02, subdivision 25, may, with the approval
of the commissioner, designate access trails on public road rights-of-way for gaining access to
established off-road vehicle trails.
    Subd. 3. Operation generally. A person may not drive or operate a vehicle off-road:
(1) at a rate of speed greater than is reasonable under the surrounding circumstances;
(2) in a careless, reckless, or negligent manner which may endanger or cause injury or
damage to the person or property of another;
(3) without a functioning stoplight if so equipped;
(4) in a tree nursery or planting in a manner that damages or destroys growing stock;
(5) without a brake operational by either hand or foot; or
(6) in a manner that violates rules adopted by the commissioner.
    Subd. 4. Operation prohibited on airports. It is unlawful for a person to drive or operate an
off-road vehicle on an airport, as defined in section 360.013, subdivision 39, except in connection
with the operation of the airport.
    Subd. 5. Organized contests. (a) Nothing in this section or chapter 169 prohibits the use
of vehicles off-road within the right-of-way of a state trunk or county state-aid highway or on
public lands or waters under the jurisdiction of the commissioner in an organized contest or
event, subject to the consent of the official or board having jurisdiction over the highway or
public lands or waters.
(b) In permitting the contest or event, the official or board having jurisdiction must obtain the
commissioner's approval and may prescribe restrictions or conditions it considers advisable.
    Subd. 6. Regulation by political subdivisions. (a) Subject to paragraphs (b) and (c), a
county, city, or town acting through its governing body may regulate the operation of off-road
vehicles on public lands, waters, and property under its jurisdiction, other than public road
rights-of-way within its boundaries, by ordinance of the governing body and by giving appropriate
notice.
(b) The ordinance must be consistent with sections 84.797 to 84.805 and rules adopted
under section 84.80.
(c) An ordinance may not impose a fee for the use of public land or water under the
jurisdiction of the Department of Natural Resources or another agency of the state, or for the use
of an access to the public land or water owned by the state, a county, or a city.
History: 1993 c 311 art 2 s 8; 2000 c 478 art 2 s 7
84.805 PENALTIES.
A person who violates any provision of sections 84.797 to 84.804 is guilty of a misdemeanor.
History: 1993 c 311 art 2 s 9

SNOWMOBILES

84.81 DEFINITIONS.
    Subdivision 1. Applicability. For the purposes of Laws 1967, chapter 876, the terms defined
herein shall have the meaning ascribed to them.
    Subd. 2. Person. "Person" includes an individual, partnership, corporation, the state and its
agencies and subdivisions, and any body of persons, whether incorporated or not.
    Subd. 3. Snowmobile. "Snowmobile" means a self-propelled vehicle designed for travel on
snow or ice steered by skis or runners.
    Subd. 4. Owner. "Owner" means a person, other than a lien holder, having the property in or
title to a snowmobile entitled to the use or possession thereof.
    Subd. 5. Operate. "Operate" means to ride in or on and control the operation of a
snowmobile.
    Subd. 6. Operator. "Operator" means every person who operates or is in actual physical
control of a snowmobile.
    Subd. 7. Register. "Register" means the act of assigning a registration number to a
snowmobile.
    Subd. 8. Commissioner. "Commissioner" means the commissioner of natural resources
acting directly or through the commissioner's authorized agent.
    Subd. 9. Roadway. "Roadway" means that portion of a highway improved, designed, or
ordinarily used for vehicular travel.
    Subd. 10. Dealer. "Dealer" means a person, partnership, or corporation engaged in the
business of selling snowmobiles at wholesale or retail.
    Subd. 11. Manufacturer. "Manufacturer" means a person, partnership, or corporation
engaged in the business of manufacturing snowmobiles.
    Subd. 12. Collector snowmobile. "Collector snowmobile" means a snowmobile that is 25
years old or older, was originally produced as a separate identifiable make by a manufacturer, and
is owned and operated solely as a collector's item.
    Subd. 13. Metal traction device. "Metal traction device" means any metal device or array of
metal devices attached to a snowmobile track to enhance traction that is:
(1) made of metal, except that metal cleats affixed perpendicular to the direction of travel
of a snowmobile track which was manufactured in 1981 or earlier shall not be considered
a metal traction device; or
(2) affixed to a snowmobile track with metal components that extend more than one-fourth
inch from the bottom of the track.
History: 1967 c 876 s 3; 1969 c 695 s 1,2; 1969 c 1129 art 10 s 2; 1971 c 577 s 1; 1986 c
444; 1Sp1995 c 1 s 5; 1999 c 231 s 86
84.82 SNOWMOBILE REGISTRATION.
    Subdivision 1.[Repealed, 1984 c 654 art 2 s 155]
    Subd. 1a. General requirements. A person may not operate or transport a snowmobile
unless the snowmobile has been registered under this section. A person may not sell a snowmobile
without furnishing the buyer a bill of sale on a form prescribed by the commissioner.
    Subd. 2. Application, issuance, reports, additional fee. (a) Application for registration
or reregistration shall be made to the commissioner or an authorized deputy registrar of motor
vehicles in a format prescribed by the commissioner and shall state the legal name and address
of every owner of the snowmobile.
(b) A person who purchases a snowmobile from a retail dealer shall make application for
registration to the dealer at the point of sale. The dealer shall issue a dealer temporary ten-day
registration permit to each purchaser who applies to the dealer for registration. Each retail dealer
shall submit completed registration and fees to the deputy registrar at least once a week. No fee
may be charged by a dealer to a purchaser for providing the temporary permit.
(c) Upon receipt of the application and the appropriate fee as hereinafter provided, the
commissioner or deputy registrar shall issue to the applicant, or provide to the dealer, an assigned
registration number or a commissioner or deputy registrar temporary ten-day permit. Once issued,
the registration number must be affixed to the snowmobile in a clearly visible and permanent
manner for enforcement purposes as the commissioner of natural resources shall prescribe. A
dealer subject to paragraph (b) shall provide the registration materials or temporary permit to
the purchaser within the temporary ten-day permit period. The registration is not valid unless
signed by at least one owner.
(d) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall also be a
deputy registrar of snowmobiles. The commissioner of natural resources in agreement with
the commissioner of public safety may prescribe the accounting and procedural requirements
necessary to assure efficient handling of registrations and registration fees. Deputy registrars shall
strictly comply with these accounting and procedural requirements.
(e) A fee of $2 in addition to that otherwise prescribed by law shall be charged for:
(1) each snowmobile registered by the registrar or a deputy registrar and the additional fee
shall be disposed of in the manner provided in section 168.33, subdivision 2; or
(2) each snowmobile registered by the commissioner and the additional fee shall be
deposited in the state treasury and credited to the snowmobile trails and enforcement account in
the natural resources fund.
    Subd. 3. Fees for registration. (a) The fee for registration of each snowmobile, other than
those used for an agricultural purpose, as defined in section 84.92, subdivision 1c, or those
registered by a dealer or manufacturer pursuant to clause (b) or (c) shall be as follows: $45 for
three years and $4 for a duplicate or transfer.
(b) The total registration fee for all snowmobiles owned by a dealer and operated for
demonstration or testing purposes shall be $50 per year.
(c) The total registration fee for all snowmobiles owned by a manufacturer and operated for
research, testing, experimentation, or demonstration purposes shall be $150 per year. Dealer and
manufacturer registrations are not transferable.
    Subd. 4. Renewal. Every owner of a snowmobile shall renew its registration in such manner
as the commissioner shall prescribe, upon payment of the same registration fees provided in
subdivision 3 hereof.
    Subd. 5. Snowmobiles owned by state or political subdivision. A registration number shall
be issued without the payment of a fee for snowmobiles owned by the state of Minnesota or a
political subdivision thereof upon application therefor.
    Subd. 6. Exemptions. Registration is not required under this section for:
(1) a snowmobile owned and used by the United States, another state, or a political
subdivision thereof;
(2) a snowmobile registered in a country other than the United States temporarily used
within this state;
(3) a snowmobile that is covered by a valid license of another state and has not been within
this state for more than 30 consecutive days;
(4) a snowmobile used exclusively in organized track racing events;
(5) a snowmobile in transit by a manufacturer, distributor, or dealer; or
(6) a snowmobile at least 15 years old in transit by an individual for use only on land owned
or leased by the individual.
    Subd. 7. Out of state snowmobiles. The commissioner of natural resources may issue
special permits to out of state snowmobiles from a state or country where registration is not
required to operate in Minnesota for limited periods of time not to exceed 30 days in connection
with organized group outings, trailrides, races, rallies and other promotional events.
    Subd. 7a. Collector snowmobiles. The commissioner may issue a special permit to a person
or organization to operate or transport a collector snowmobile without registration in parades or
organized group outings, such as races, rallies, and other promotional events and for up to ten
days each year for personal transportation. The commissioner may impose a reasonable restriction
on a permittee and may revoke, amend, suspend, or modify a permit for cause.
    Subd. 8. Registration by persons under 18 prohibited. No person under the age of 18
years may register a snowmobile.
    Subd. 9.[Repealed, 1985 c 54 s 3]
    Subd. 10. Proof of sales tax payment. A person applying for initial registration of a
snowmobile must provide a snowmobile purchaser's certificate, showing a complete description
of the snowmobile, the seller's name and address, the full purchase price of the snowmobile, and
the trade-in allowance, if any. The certificate must include information showing either (1) that the
sales and use tax under chapter 297A was paid or (2) the purchase was exempt from tax under
chapter 297A. The commissioner of public safety, in consultation with the commissioner and the
commissioner of revenue, shall prescribe the form of the certificate.
The certificate is not required if the applicant provides a receipt, invoice, or other document
that shows the snowmobile was purchased from a retailer maintaining a place of business in this
state as defined in section 297A.66, subdivision 1.
    Subd. 11. Refunds. The commissioner may issue a refund on a registration, not including any
issuing fees paid under subdivision 2, paragraph (e), or section 84.027, subdivision 15, paragraph
(a), clause (3), if the refund request is received within 12 months of the original registration and:
(1) the snowmobile was registered incorrectly by the commissioner or the deputy registrar; or
(2) the snowmobile was registered twice, once by the dealer and once by the customer.
History: 1967 c 876 s 4; 1969 c 131 s 1; 1969 c 695 s 3,4; 1969 c 1129 art 10 s 2; 1971 c
577 s 2-5; Ex1971 c 48 s 33,34; 1973 c 202 s 1; 1979 c 241 s 1; 1982 c 580 s 1,2; 1985 c 54 s
1,2; 1986 c 444; 1991 c 254 art 2 s 5,6; 1991 c 291 art 8 s 1; 1993 c 375 art 1 s 1; 1995 c 220 s
61; 1Sp1995 c 1 s 6,7; 1997 c 216 s 61; 1997 c 226 s 7; 2000 c 418 art 1 s 44; 2001 c 185 s 7;
2003 c 28 art 1 s 6; 1Sp2005 c 1 art 2 s 30,31
84.8205 SNOWMOBILE STATE TRAIL STICKER.
    Subdivision 1. Sticker required; fee. (a) Except as provided in paragraph (b), a person may
not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a snowmobile state
trail sticker is affixed to the snowmobile. The commissioner of natural resources shall issue a
sticker upon application and payment of a $15 fee. The fee for a three-year snowmobile state
trail sticker that is purchased at the time of snowmobile registration is $30. In addition to other
penalties prescribed by law, a person in violation of this subdivision must purchase an annual
state trail sticker for a fee of $30. The sticker is valid from November 1 through April 30. Fees
collected under this section, except for the issuing fee for licensing agents, shall be deposited
in the state treasury and credited to the snowmobile trails and enforcement account in the
natural resources fund and, except for the electronic licensing system commission established
by the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid, trail
maintenance, grooming, and easement acquisition.
(b) A state trail sticker is not required under this section for:
(1) a snowmobile owned by the state or a political subdivision of the state that is registered
under section 84.82, subdivision 5;
(2) a snowmobile that is owned and used by the United States, another state, or a political
subdivision thereof that is exempt from registration under section 84.82, subdivision 6;
(3) a collector snowmobile that is operated as provided in a special permit issued for the
collector snowmobile under section 84.82, subdivision 7a; or
(4) a person operating a snowmobile only on the portion of a trail that is owned by the
person or the person's spouse, child, or parent.
    Subd. 2. Placement of sticker. The state trail sticker shall be permanently affixed to either:
(1) the forward half of the snowmobile directly above or below the headlight of the
snowmobile;
(2) above the expiration year on the top portion of the snowmobile registration validation
decal; or
(3) the lower right corner of a registration plate issued to a dealer or manufacturer under
section 84.82, subdivision 3.
    Subd. 3. License agents. The commissioner may appoint agents to issue and sell state
trail stickers. The commissioner may revoke the appointment of an agent at any time. The
commissioner may adopt additional rules as provided in section 97A.485, subdivision 11. An
agent shall observe all rules adopted by the commissioner for accounting and handling of stickers
pursuant to section 97A.485, subdivision 11. An agent shall promptly deposit and remit all money
received from the sale of the stickers, exclusive of the issuing fee, to the commissioner.
    Subd. 4. Issuance of stickers. The commissioner and agents shall issue and sell snowmobile
state trail stickers.
    Subd. 5. Agent's fee. In addition to the fee for a sticker, an issuing fee of $1 per sticker shall
be charged. The issuing fee may be retained by the seller of the sticker. Issuing fees for stickers
issued by the commissioner shall be deposited in the snowmobile trails and enforcement account
in the natural resources fund and retained for the operation of the electronic licensing system.
    Subd. 6. Duplicate state trail stickers. The commissioner and agents shall issue a duplicate
sticker to persons whose sticker is lost or destroyed using the process established under section
97A.405, subdivision 3, and rules promulgated thereunder. The fee for a duplicate state trail
sticker is $2, with an issuing fee of 50 cents.
History: 1997 c 216 s 62; 1998 c 401 s 21; 1999 c 231 s 87; 2004 c 255 s 7; 1Sp2005 c 1 art
2 s 32-35; 2006 c 281 art 1 s 3,4
84.821 REQUIREMENTS OF MAKERS OF SNOWMOBILES.
    Subdivision 1. Identification number. All snowmobiles made after June 30, 1972, and sold
in Minnesota, shall bear the maker's permanent identification number stamped in letters and
numbers in the form and at a location prescribed by rule of the commissioner.
    Subd. 2. Area for registration number. All snowmobiles made after June 30, 1972, and
sold in Minnesota, shall be designed and made to provide an area on which to affix the registration
number. This area shall be at a location and of dimensions prescribed by rule of the commissioner.
History: 1971 c 577 s 6; 1985 c 248 s 70
84.83 SNOWMOBILE TRAILS AND ENFORCEMENT ACCOUNT; RECEIPTS AND
ALLOCATIONS.
    Subdivision 1. Creation. There is created in the state treasury an account known as the
snowmobile trails and enforcement account in the natural resources fund.
    Subd. 2. Money deposited in the account. Fees from the registration of snowmobiles and
the unrefunded gasoline tax attributable to snowmobile use pursuant to section 296A.18 shall be
deposited in the state treasury and credited to the snowmobile trails and enforcement account.
    Subd. 3. Purposes for the account. The money deposited in the account and interest earned
on that money may be expended only as appropriated by law for the following purposes:
(1) for a grant-in-aid program to counties and municipalities for construction and
maintenance of snowmobile trails, including maintenance of trails on lands and waters of
Voyageurs National Park, on Lake of the Woods, on Rainy Lake, and on the following lakes in St.
Louis County: Burntside, Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion;
(2) for acquisition, development, and maintenance of state recreational snowmobile trails;
(3) for snowmobile safety programs; and
(4) for the administration and enforcement of sections 84.81 to 84.91 and appropriated grants
to local law enforcement agencies.
    Subd. 4. Provisions applicable to funding recipients. (a) Recipients of Minnesota
trail assistance program funds must be afforded the same protection and be held to the same
standard of liability as a political subdivision under chapter 466 for activities associated with the
administration, design, construction, maintenance, and grooming of snowmobile trails.
(b) Recipients of Minnesota trail assistance program funds who maintain ice trails on public
waters listed under subdivision 3, clause (1), or on waters of Voyageurs National Park are
expressly immune from liability under section 466.03, subdivision 6e.
    Subd. 4a. Trail continuation on lands acquired by the state. When the commissioner
acquires lands with easements or other agreements for snowmobile trails that have received
grant-in-aid financing under this section, the commissioner shall:
(1) continue the easements or other agreements for the snowmobile trail; or
(2) develop an alternative route for the trail, including acquiring any necessary easements or
other agreements for the trail right-of-way and providing funding for all expenses associated with
clearing and marking the snowmobile trail.
    Subd. 5. Fines and forfeited bail. The disposition of fines and forfeited bail collected from
prosecutions of violations of sections 84.81 to 84.91 or rules adopted thereunder, and violations
of section 169A.20 that involve off-road recreational vehicles, as defined in section 169A.03,
subdivision 16
, are governed by section 97A.065.
History: 1967 c 876 s 5; 1969 c 399 s 1; 1969 c 695 s 5; 1982 c 580 s 3; 1987 c 404 s
97; 1989 c 335 art 4 s 17; 1992 c 573 s 1; 1995 c 230 s 1,2; 1Sp1997 c 2 s 1,67; 1998 c 299 s
30; 1999 c 231 s 88,89; 2000 c 478 art 2 s 7; 2001 c 165 s 1; 2001 c 185 s 8,9; 1Sp2001 c 2 s
79; 2004 c 255 s 8; 1Sp2005 c 1 art 2 s 36,37
84.84 TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP.
Within 15 days after the transfer of ownership, or any part thereof, other than a security
interest, or the destruction or abandonment of any snowmobile, written notice thereof shall be
given to the commissioner in such form as the commissioner shall prescribe. Every owner or
part owner of a snowmobile shall, upon failure to give such notice, be subject to the penalties
imposed by Laws 1967, chapter 876.
History: 1967 c 876 s 6; 1986 c 444
84.85 LICENSING BY POLITICAL SUBDIVISIONS.
No political subdivision of this state shall require licensing or registration of snowmobiles
covered by the provisions of Laws 1967, chapter 876.
History: 1967 c 876 s 7
84.86 RULES.
    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 or adult training. The commissioner shall collect a fee, to
include a $1 issuing fee for licensing agents, for issuing a duplicate snowmobile safety certificate.
The commissioner shall establish both fees in a manner that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in providing the services. The 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, except for
the issuing fee for licensing agents under this subdivision, shall be deposited in the snowmobile
trails and enforcement account in the natural resources fund and the amount thereof, except
for the electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, and issuing fees collected by the commissioner, 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.
    Subd. 2. Public safety rules. The commissioner of public safety may adopt rules not
inconsistent herewith in the manner provided by chapter 14, regulating the use of snowmobiles on
streets and highways.
History: 1967 c 876 s 8; 1969 c 399 s 1; 1969 c 695 s 6; 1969 c 1129 art 10 s 2; 1971 c 491
s 1; 1971 c 577 s 7; 1973 c 123 art 5 s 7; 1982 c 424 s 130; 1982 c 594 s 2; 1985 c 248 s 70;
1Sp1985 c 13 s 194; 1986 c 444; 1993 c 184 s 1; 1997 c 216 s 63; 1998 c 401 s 22; 1999 c 4 s 1;
1999 c 231 s 90; 2000 c 495 s 3; 2004 c 221 s 11; 2004 c 255 s 9; 1Sp2005 c 1 art 2 s 38
84.862 SNOWMOBILE TRAINING REQUIRED.
    Subdivision 1. Youth and adult safety training. (a) Any resident born after December 31,
1976, who operates a snowmobile in Minnesota, must possess:
(1) a valid snowmobile safety certificate;
(2) a driver's license that has a valid snowmobile qualification indicator issued under section
171.07, subdivision 12; or
(3) an identification card that has a valid snowmobile qualification indicator issued under
section 171.07, subdivision 12.
(b) For youth or adults taking the youth course, the certificate or qualification indicator may
only be issued upon successful completion of a course authorized under section 84.86. Either
the youth course under this paragraph or the adult course under paragraph (c) may be completed
by persons 16 years of age or older.
(c) Persons 16 years of age or older may take the adult snowmobile safety training course.
The certificate or qualification indicator may only be issued upon successful completion of a
safety course designed for adults or persons 16 years of age or older.
    Subd. 2.[Repealed, 2004 c 255 s 51]
    Subd. 2a. Certificates issued in other states. If a person completes a safety course in
another state that is recognized by the commissioner under a reciprocity agreement or certified by
the commissioner as substantially similar to requirements in this state, evidence that the person
has completed that course is acceptable in lieu of a certificate under this section.
    Subd. 3. Training for offenders. Any person who is convicted for a second or subsequent
speeding violation in a snowmobile season, or any conviction for careless or reckless operation of
a snowmobile, must successfully complete a training course in subdivision 1 before continuing
operation of a snowmobile.
History: 1997 c 216 s 64; 1999 c 231 s 91,92; 2001 c 185 s 10,11; 2003 c 28 art 1 s 7;
2004 c 255 s 10-12
84.87 OPERATION; REGULATIONS BY POLITICAL SUBDIVISIONS.
    Subdivision 1. Operation on streets and highways. (a) No person shall operate a
snowmobile upon the roadway, shoulder, or inside bank or slope of any trunk, county state-aid,
or county highway in this state and, in the case of a divided trunk or county highway, on the
right-of-way between the opposing lanes of traffic, except as provided in sections 84.81 to 84.90.
No person shall operate a snowmobile within the right-of-way of any trunk, county state-aid, or
county highway between the hours of one-half hour after sunset to one-half hour before sunrise,
except on the right-hand side of such right-of-way and in the same direction as the highway traffic
on the nearest lane of the roadway adjacent thereto. No snowmobile shall be operated at any time
within the right-of-way of any interstate highway or freeway within this state.
(b) Notwithstanding any provision of paragraph (a) to the contrary:
(1) under conditions prescribed by the commissioner of transportation, the commissioner of
transportation may allow two-way operation of snowmobiles on either side of the trunk highway
right-of-way where the commissioner of transportation determines that two-way operation will
not endanger users of the trunk highway or riders of the snowmobiles using the trail;
(2) under conditions prescribed by a local road authority as defined in section 160.02,
subdivision 25
, the road authority may allow two-way operation of snowmobiles on either side of
the right-of-way of a street or highway under the road authority's jurisdiction, where the road
authority determines that two-way operation will not endanger users of the street or highway
or riders of the snowmobiles using the trail;
(3) the commissioner of transportation under clause (1) and the local road authority under
clause (2) shall notify the commissioner of natural resources and the local law enforcement
agencies responsible for the streets or highways of the locations of two-way snowmobile trails
authorized under this paragraph; and
(4) two-way snowmobile trails authorized under this paragraph shall be posted for two-way
operation at the authorized locations.
(c) A snowmobile may make a direct crossing of a street or highway at any hour of the day
provided:
(1) the crossing is made at an angle of approximately 90 degrees to the direction of the
highway and at a place where no obstruction prevents a quick and safe crossing; and
(2) the snowmobile is brought to a complete stop before crossing the shoulder or main
traveled way of the highway; and
(3) the driver yields the right-of-way to all oncoming traffic which constitutes an immediate
hazard; and
(4) in crossing a divided highway, the crossing is made only at an intersection of such
highway with another public street or highway; and
(5) if the crossing is made between the hours of one-half hour after sunset to one-half hour
before sunrise or in conditions of reduced visibility, only if both front and rear lights are on; and
(6) a snowmobile may be operated upon a bridge, other than a bridge that is part of the main
traveled lanes of an interstate highway, when required for the purpose of avoiding obstructions to
travel when no other method of avoidance is possible; provided the snowmobile is operated in
the extreme right-hand lane, the entrance to the roadway is made within 100 feet of the bridge
and the crossing is made without undue delay.
(d) No snowmobile shall be operated upon a public street or highway unless it is equipped
with at least one headlamp, one tail lamp, each of minimum candlepower as prescribed by rules of
the commissioner, reflector material of a minimum area of 16 square inches mounted on each side
forward of the handle bars, and with brakes each of which shall conform to standards prescribed
by rule of the commissioner pursuant to the authority vested in the commissioner by section
84.86, and each of which shall be subject to approval of the commissioner of public safety.
(e) A snowmobile may be operated upon a public street or highway other than as provided
by paragraph (c) in an emergency during the period of time when and at locations where snow
upon the roadway renders travel by automobile impractical.
(f) All provisions of chapters 169 and 169A shall apply to the operation of snowmobiles
upon streets and highways, except for those relating to required equipment, and except those
which by their nature have no application. Section 169.09 applies to the operation of snowmobiles
anywhere in the state or on the ice of any boundary water of the state.
(g) Any sled, trailer, or other device being towed by a snowmobile must be equipped with
reflective materials as required by rule of the commissioner.
    Subd. 1a. Organized contests, use of highways, etc. Nothing in this section or chapter
169 shall prohibit the use of snowmobiles within the right-of-way of any state trunk or county
state-aid highway or upon public lands or waters under the jurisdiction of the commissioner of
natural resources, in any organized contest, subject to the consent of the official or board having
jurisdiction over the highway or public lands or waters.
In permitting such contest, the official or board having jurisdiction may prescribe such
restrictions or conditions as they may deem advisable.
    Subd. 2. Operation generally. It shall be unlawful for any person to drive or operate any
snowmobile in the following unsafe or harassing ways:
(1) at a rate of speed greater than reasonable or proper under all the surrounding
circumstances;
(2) in a careless, reckless or negligent manner so as to endanger the person or property of
another or to cause injury or damage thereto;
(3) without a lighted head and taillight when required for safety; or
(4) in any tree nursery or planting in a manner which damages or destroys growing stock.
    Subd. 2a. Operation prohibited on airports. It is unlawful for any person to drive or operate
any snowmobile on an airport defined in section 360.013, subdivision 39, or other applicable law.
    Subd. 2b.[Repealed, 1994 c 615 s 28]
    Subd. 2c. Application of speed limits to testing activities. (a) A speed limit established by
the commissioner in rules adopted under section 84.86 does not apply to a snowmobile that is
being operated as part of a testing program established by a snowmobile manufacturer if:
(1) the snowmobile is operated for testing purposes by a driver employed by the snowmobile
manufacturer;
(2) the snowmobile is clearly marked as a test machine; and
(3) the snowmobile is operated in compliance with all other applicable laws and rules.
(b) A card containing a photograph of the driver and identifying the driver as a test driver for
the manufacturer must be in the driver's possession at all times when the snowmobile is being
operated at a speed in excess of the limit established by the commissioner under section 84.86.
    Subd. 3. Regulations by political subdivisions. Notwithstanding anything in this section to
the contrary, a county board may by resolution permit the operation of snowmobiles upon the
roadway, shoulder, or inside bank or slope of any county highway or county state aid highway
if safe operation in the ditch or outside bank or slope thereof is impossible, in which case the
county board shall cause appropriate notice thereof to be given.
Any county, city, or any town acting by its town board, may regulate the operation of
snowmobiles on public lands, waters, and property under their jurisdiction and on streets and
highways within their boundaries by resolution or ordinance of the governing body and by giving
appropriate notice, provided such regulations are not inconsistent with the provisions of sections
84.81 to 84.88 inclusive and rules promulgated thereunder. However, no such governmental unit
may adopt an ordinance which (1) imposes a fee for the use of public land or water under the
jurisdiction of either the commissioner of natural resources or any other agency of the state, or for
the use of any access thereto owned by the state, or a county or city; or (2) require a snowmobile
operator to possess a motor vehicle driver's license while operating a snowmobile.
    Subd. 4. Snowmobile speed limit; lakes greater than 10,000 acres. Notwithstanding any
law or rule to the contrary, a county may enact an ordinance to raise the speed limit up to 65 miles
per hour for snowmobiles traveling on marked trails during daylight hours on lakes greater than
10,000 acres, subject to the approval of the commissioner of natural resources. Within any posted
speed limit, it remains unlawful for any person to drive or operate any snowmobile at a rate of
speed greater than is reasonable or proper under all of the surrounding conditions or circumstances.
History: 1967 c 876 s 9; 1969 c 1 s 1; 1969 c 695 s 7,8; 1969 c 1129 art 10 s 2; 1971 c 491 s
2; 1971 c 577 s 8; 1973 c 123 art 5 s 7; 1973 c 701 s 1; 1974 c 51 s 1; 1974 c 239 s 1; 1976 c 2 s
48; 1977 c 31 s 1; 1981 c 363 s 1; 1985 c 248 s 70; 1986 c 444; 1987 c 368 s 1,2; 1989 c 331 s 2;
1992 c 573 s 2; 1997 c 226 s 8; 2000 c 478 art 2 s 7; 2002 c 355 s 5; 2004 c 244 s 1; 2005 c 72 s 1
84.871 EQUIPMENT REQUIREMENTS.
    Subdivision 1. Mufflers. Except as provided in this section, every snowmobile shall be
equipped at all times with a muffler in good working order which blends the exhaust noise into
the overall snowmobile noise and is in constant operation to prevent excessive or unusual noise.
The exhaust system shall not emit or produce a sharp popping or crackling sound. This section
does not apply to organized races or similar competitive events held on (1) private lands, with the
permission of the owner, lessee, or custodian of the land; (2) public lands and water under the
jurisdiction of the commissioner of natural resources, with the commissioner's permission; or (3)
other public lands, with the consent of the public agency owning the land. No person shall have
for sale, sell, or offer for sale on any new snowmobile any muffler that fails to comply with the
specifications required by the rules of the commissioner after the effective date of the rules.
    Subd. 2.[Repealed, 1999 c 4 s 5]
History: 1969 c 695 s 9; 1969 c 1129 art 10 s 2; 1985 c 248 s 70; 1998 c 401 s 23
84.8712 METAL TRACTION DEVICES; PROHIBITION ON PAVED TRAILS.
    Subdivision 1. Prohibition. A person may not use a snowmobile with metal traction devices
on a paved public trail, except as otherwise provided by a local government with jurisdiction over
a trail or any portion of a paved state trail designated by the commissioner.
    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. The citation must impose a penalty of $50 for the first offense, $200 for the second
offense, and $500 for third and subsequent offenses.
    Subd. 3. Appeals. Civil citations for offenses under this section may be appealed under the
procedures in section 116.072, subdivision 6, if the recipient of the citation requests a hearing
by notifying the commissioner in writing within 15 days after receipt of the citation. For the
purposes of the enforcement of this section, the terms "commissioner" and "agency" as used in
section 116.072 mean the commissioner of natural resources. If a hearing is not requested within
the 15-day period, the citation becomes a final order not subject to further review.
    Subd. 4. Enforcement. Civil citations for offenses under this section may be enforced under
section 116.072, subdivision 9. If a person fails to pay a penalty owed under this section, the
person may not operate a snowmobile until the penalty is paid. Penalty amounts must be remitted
within 30 days of issuance of the penalty citation.
    Subd. 5. Allocation of penalty amounts. Penalty amounts collected from civil citations
issued under this section are deposited to the unit of government employing the officer that issues
the civil citation. The commissioner must deposit penalty amounts received by the state in the
snowmobile trails and enforcement account established by section 84.83, subdivision 1. The
penalty amounts in the account must be dedicated for the repair of paved public trails.
    Subd. 6. Selection of remedy. A person operating a snowmobile in violation of this section
is guilty of a petty misdemeanor punishable by a fine of no more than $50 for the first offense,
no more than $300 for the second offense, and no more than $600 for the third and subsequent
offenses. A peace officer may not seek both civil and petty misdemeanor penalties for a violation
of this section.
History: 1999 c 4 s 2; 1999 c 231 s 93; 2000 c 324 s 1-4; 2004 c 221 s 12; 2005 c 10 art
1 s 17-20
84.8713 MS 2002 [Repealed, 1999 c 231 s 94]
84.8715 [Repealed, 1999 c 4 s 5]
84.872 YOUTHFUL SNOWMOBILE OPERATORS; PROHIBITIONS.
    Subdivision 1. Restrictions on operation. (a) Notwithstanding anything in section 84.87
to the contrary, no person under 14 years of age shall make a direct crossing of a trunk, county
state-aid, or county highway as the operator of a snowmobile, or operate a snowmobile upon a
street or highway within a municipality.
A person 14 years of age or older, but less than 18 years of age, may make a direct crossing
of a trunk, county state-aid, or county highway only if the person has in immediate possession:
(1) a valid snowmobile safety certificate issued by the commissioner;
(2) a driver's license that has a valid snowmobile qualification indicator issued under section
171.07, subdivision 12; or
(3) an identification card that has a valid snowmobile qualification indicator issued under
section 171.07, subdivision 12.
(b) Notwithstanding section 84.862, no person under the age of 14 years shall operate a
snowmobile unless supervised by or accompanied by one of the following listed persons on the
same or an accompanying snowmobile, or on a device towed by the same or an accompanying
snowmobile: the person's parent, legal guardian, or other person 18 years of age or older
designated by the parent or guardian. However, a person 12 years of age or older but under the
age of 14 years may operate a snowmobile if the person has in immediate possession a valid
snowmobile safety certificate issued by the commissioner or an identification card with a valid
snowmobile qualification indicator issued under section 171.07, subdivision 12.
(c) The snowmobile safety certificate exceptions under paragraph (b) do not allow a person
under the age of 14 years to make a direct crossing of a highway as the operator of a snowmobile
or to operate a snowmobile upon a street or highway, as prohibited under paragraph (a).
    Subd. 1a. Helmet required. (a) No person under the age of 18 shall operate or ride a
snowmobile in this state without wearing protective headgear that complies with standards
established by the commissioner of public safety.
(b) The provisions of this subdivision shall not apply to persons during their participation
in a parade that has been granted a permit or other official authorization by a local unit of
government or to a person operating a snowmobile on land that is owned by the person or the
person's parents, grandparents, siblings, uncles, or aunts.
    Subd. 2. Owner's duties. It is unlawful for any person who is the owner or in lawful control
of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section.
    Subd. 3. Reporting convictions; suspensions. When the judge of a juvenile court, or any of
its duly authorized agents, shall determine that any person, while less than 18 years of age, has
violated the provisions of sections 84.81 to 84.88, or any other state or local law or ordinance
regulating the operation of snowmobiles, the judge, or duly authorized agent, shall immediately
report this determination to the commissioner and may recommend the suspension of the person's
snowmobile safety certificate. The commissioner is hereby authorized to suspend the certificate,
without a hearing.
History: 1969 c 695 s 10; 1971 c 577 s 9; 1986 c 444; 1987 c 89 s 1; 1993 c 184 s 2;
1994 c 623 art 1 s 9; 1994 c 632 art 2 s 20; 1997 c 226 s 9; 1999 c 231 s 95; 2001 c 185 s
12; 2004 c 255 s 13
84.873 [Repealed, 1Sp1997 c 2 s 69]
84.88 PENALTIES.
    Subdivision 1. Penalty. Any person who shall violate any provision of sections 84.81 to
84.89 or any rule of the commissioner of natural resources or of the commissioner of public safety
promulgated pursuant to law shall be guilty of a misdemeanor.
    Subd. 2. Owner's penalty. A person registered as owner of a snowmobile may be fined not
to exceed $300 if a snowmobile bearing the person's registration number is operated contrary
to the provisions of sections 84.81 to 84.88, or 97B.091. The registered owner may not be so
fined if (a) the snowmobile was reported as stolen to the commissioner or a law enforcement
agency at the time of the alleged unlawful act, or if (b) the registered owner demonstrates that the
snowmobile either was stolen or was not in use at the time of the alleged unlawful act, or if (c) the
registered owner furnishes to law enforcement officers upon request the identity of the person in
actual physical control of the snowmobile at the time of such violation. The provisions of this
subdivision do not apply to any person who rents or leases a snowmobile if such person keeps a
record of the name and address of the person or persons renting or leasing such snowmobile, the
registration number thereof, the departure date and time, and expected time of return thereof. Such
record shall be preserved for at least six months and shall be prima facie evidence that the person
named therein was the operator thereof at the time it was operated contrary to sections 84.81 to
84.88, or 97B.091. The provisions of this subdivision do not prohibit or limit the prosecution of a
snowmobile operator for violating any of the sections referred to in this subdivision.
History: 1967 c 876 s 10; 1969 c 1129 art 10 s 2; 1971 c 23 s 10; 1971 c 491 s 3; 1971 c
577 s 10; 1973 c 701 s 2; 1985 c 248 s 70; 1986 c 386 art 4 s 14; 1986 c 444
84.89 CONFISCATION OF SNOWMOBILE USED IN BURGLARY.
A law enforcement officer shall seize any snowmobile, as defined in section 84.81, used for
the purpose of gaining access to property for the purpose of committing the crime of burglary,
as defined in section 609.582. Any snowmobile seized pursuant to this section shall be held,
subject to the order of the district court of the county in which the burglary was committed, and
shall be confiscated after conviction of the person from whom the snowmobile was seized and
disposed of in accordance with the procedure provided for equipment used in committing game
and fish violations by section 97A.225, except that the balance of the proceeds from the sale of a
confiscated snowmobile which are paid into the state treasury shall be credited to the general fund.
History: 1969 c 176 s 1; 1969 c 399 s 1; 1986 c 386 art 4 s 15; 1987 c 384 art 2 s 1
84.90 LIMITATIONS ON THE OPERATION OF RECREATIONAL MOTOR VEHICLES.
    Subdivision 1. Definitions. For the purposes of this section the following terms have the
meanings given them: (a) "Recreational motor vehicle" means any self-propelled vehicle and any
vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes, including
but not limited to snowmobile, trail bike or other all-terrain vehicle, hovercraft, or motor vehicle
licensed for highway operation which is being used for off-road recreational purposes. (b)
"Snowmobile" has the same meaning given by section 84.81, subdivision 3.
    Subd. 2. Within metropolitan area. Within the seven county metropolitan area, no person
shall enter and operate a recreational motor vehicle on lands not owned by the person, except
where otherwise allowed by law, without the written or oral permission of the owner, occupant,
or lessee of such lands. Written permission may be given by a posted notice of any kind or
description that the owner, occupant, or lessee prefers, so long as it specifies the kind of vehicles
allowed, such as by saying "Recreational Vehicles Allowed," "Snowmobiles Allowed," "Trail
Bikes Allowed," "All-Terrain Vehicles Allowed," or words substantially similar.
    Subd. 3. Outside metropolitan area. Outside the seven county metropolitan area, no person
shall enter on any land not owned by the person for the purpose of operating a recreational
motor vehicle after being notified, either orally or by written or posted notice, by the owner,
occupant, or lessee not to do so. Where posted notice is used, signs shall bear letters not less
than two inches high and shall state one of the following: "Recreational Vehicles Prohibited,"
"Snowmobiles Prohibited," "Trail Bikes Prohibited," "All-Terrain Vehicles Prohibited," or words
substantially similar. In lieu of the above notice an owner, occupant or lessee may post any sign
prohibiting recreational motor vehicles which has been adopted by rule of the commissioner of
natural resources. The notice or sign shall be posted at corners and ordinary ingress and egress to
the property and when so posted shall serve so as to raise a conclusive presumption that a person
operating a recreational motor vehicle thereon had knowledge of entering upon such posted lands.
Failure to post notice as provided in this subdivision shall not deprive a person of the right to
bring a civil action for damage to one's person or property as otherwise provided by law.
    Subd. 4. Posting; trail facilities. It is unlawful for a person to post, mutilate, or remove any
notice or sign provided in this section upon any lands or waters over which the person has no
right, title, interest, or license. It is unlawful for a person other than a duly constituted legal
authority to so post any public lands, including but not limited to tax-forfeited lands, as above
described. It is unlawful for a person to mutilate, destroy, damage, or remove any shelter, comfort
station or other trail facility on any trail established on state-owned land or on any recreational
trail which is funded in whole or in part by state grant-in-aid funds.
    Subd. 5. Gates; fencing. No person shall enter or leave the lands of another with a
recreational motor vehicle, or pass from one portion of such lands to another portion, through
a closed gate, without returning the gate to its original position. No person shall enter or leave
the lands of another with a recreational motor vehicle by cutting any wire or tearing down or
destroying any fence.
    Subd. 6. Additional prohibitions. Nothing in this section shall limit or otherwise qualify
the power of municipalities, counties, school districts, or other political subdivisions of the state
or any agency of the state to impose additional restrictions or prohibitions on the operation of
recreational motor vehicles on property not owned by the operator in accordance with law.
    Subd. 7. Penalty. A person violating the provisions of this section is guilty of a misdemeanor.
History: 1974 c 468 s 1; 1981 c 215 s 1; 1985 c 248 s 70; 1986 c 444
84.901 [Repealed, 1Sp2005 c 1 art 2 s 162]
84.91 OPERATION OF SNOWMOBILES AND ALL-TERRAIN VEHICLES
BY PERSONS UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCES.
    Subdivision 1. Acts prohibited. (a) No owner or other person having charge or control
of any snowmobile or all-terrain vehicle shall authorize or permit any individual the person
knows or has reason to believe is under the influence of alcohol or a controlled substance or other
substance to operate the snowmobile or all-terrain vehicle anywhere in this state or on the ice
of any boundary water of this state.
(b) No owner or other person having charge or control of any snowmobile or all-terrain
vehicle shall knowingly authorize or permit any person, who by reason of any physical or mental
disability is incapable of operating the vehicle, to operate the snowmobile or all-terrain vehicle
anywhere in this state or on the ice of any boundary water of this state.
(c) A person who operates or is in physical control of a snowmobile or all-terrain vehicle
anywhere in this state or on the ice of any boundary water of this state is subject to chapter
169A. In addition to the applicable sanctions under chapter 169A, a person who is convicted of
violating section 169A.20 or an ordinance in conformity with it while operating a snowmobile
or all-terrain vehicle, or who refuses to comply with a lawful request to submit to testing under
sections 169A.50 to 169A.53 or an ordinance in conformity with it, shall be prohibited from
operating the snowmobile or all-terrain vehicle for a period of one year. The commissioner shall
notify the person of the time period during which the person is prohibited from operating a
snowmobile or all-terrain vehicle.
(d) Administrative and judicial review of the operating privileges prohibition is governed
by section 97B.066, subdivisions 7 to 9, if the person does not have a prior impaired driving
conviction or prior license revocation, as defined in section 169A.03. Otherwise, administrative
and judicial review of the prohibition is governed by section 169A.53.
(e) The court shall promptly forward to the commissioner and the Department of Public
Safety copies of all convictions and criminal and civil sanctions imposed under this section and
chapters 169 and 169A relating to snowmobiles and all-terrain vehicles.
(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either
of them, is guilty of a misdemeanor. A person who operates a snowmobile or all-terrain vehicle
during the time period the person is prohibited from operating a vehicle under paragraph (c)
is guilty of a misdemeanor.
    Subd. 2.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 3.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 4.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 5.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 5a.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 6.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 7.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 8.[Repealed, 1Sp1997 c 2 s 69]
History: 1987 c 368 s 3; 1990 c 391 art 8 s 12; 1992 c 570 art 2 s 1; 1994 c 615 s 1,2; 1995
c 230 s 3; 1Sp1997 c 2 s 2; 1999 c 231 s 96; 2000 c 478 art 2 s 7; 2000 c 495 s 4; 2005 c 146 s 4
84.911 REPORTS OF DEATH.
    Subdivision 1.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 2.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 3.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 4.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 5.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 6.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 7. Coroner to report death. Every coroner or medical examiner shall report in
writing to the Department of Natural Resources the death of any person within the jurisdiction of
the coroner or medical examiner as the result of an accident involving an off-road recreational
vehicle, as defined in section 169A.03, subdivision 16, and the circumstances of the accident. The
report shall be made within 15 days after the death.
In the case of drivers killed in off-road recreational vehicle accidents and of the death of
passengers 14 years of age or older, who die within four hours after accident, the coroner or
medical examiner shall examine the body and shall make tests as are necessary to determine
the presence and percentage concentration of alcohol, and drugs if feasible, in the blood of the
victim. This information shall be included in each report submitted pursuant to the provisions of
this subdivision and shall be tabulated by the Department of Natural Resources. Periodically, the
commissioner of natural resources must transmit a summary of the reports to the commissioner
of public safety.
History: 1987 c 368 s 4; 1990 c 391 art 8 s 13,14; 1992 c 570 art 2 s 2; 1994 c 615 s 3;
1995 c 185 s 1; 1Sp1997 c 2 s 3; 2000 c 478 art 2 s 7
84.912 [Repealed, 1Sp1997 c 2 s 69]
84.915 LAND USE FOR CERTAIN VEHICLES RESTRICTED.
After June 1, 1993, the commissioner may not allow the use of state lands or acquire
private lands for development or operation of a motor sports area for use by all-terrain vehicles,
motorcycles, or four-wheel drive trucks without legislative approval. This restriction does not
apply to recreational trails.
History: 1993 c 203 s 1

ALL-TERRAIN VEHICLES

84.92 DEFINITIONS.
    Subdivision 1. Scope. The definitions in this section apply to sections 84.92 to 84.929.
    Subd. 1a. Agricultural zone. "Agricultural zone" means the areas in Minnesota lying south
and west of a line starting at the Minnesota-North Dakota border and formed by rights-of-way of
Trunk Highway No. 10, thence easterly along Trunk Highway No. 10 to Trunk Highway No. 23,
thence easterly along Trunk Highway No. 23 to Trunk Highway No. 95, thence easterly along
Trunk Highway No. 95 to its termination at the Minnesota-Wisconsin border.
    Subd. 1b. Accompanied. "Accompanied" means being subject to continuous direction
or control.
    Subd. 1c. Agricultural purpose. "Agricultural purpose" means used exclusively for an
agricultural use as defined in subdivision 1d.
    Subd. 1d. Agricultural use. "Agricultural use" means use in agriculturally related activities
or harvesting of wood for commercial or firewood purposes by any person.
    Subd. 1e. City. "City" means a home rule charter or statutory city.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of natural resources.
    Subd. 3. Dealer. "Dealer" means a person engaged in the business of selling all-terrain
vehicles at wholesale or retail.
    Subd. 4. Manufacturer. "Manufacturer" means a person engaged in the business of
manufacturing all-terrain vehicles.
    Subd. 5. Owner. "Owner" means a person, other than a person with a security interest,
having a property interest in or title to an all-terrain vehicle and entitled to the use and possession
of the vehicle.
    Subd. 6. Person. "Person" means an individual or an organization as defined in section
336.1-201 (b)(27).
    Subd. 6a. Public road right-of-way. "Public road right-of-way" means the entire
right-of-way of a public road, including the traveled portions, banks, ditches, shoulders, and
medians of a roadway, that is not privately owned.
    Subd. 7. Register. "Register" means the act of assigning a registration number to an
all-terrain vehicle.
    Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a motorized
flotation-tired vehicle of not less than three low pressure tires, but not more than six tires, that is
limited in engine displacement of less than 800 cubic centimeters and includes a class 1 all-terrain
vehicle and class 2 all-terrain vehicle.
    Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an all-terrain vehicle
that has a total dry weight of less than 900 pounds.
    Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an all-terrain
vehicle that has a total dry weight of 900 to 1,500 pounds.
History: 1984 c 647 s 1; 1986 c 452 s 1; 1989 c 331 s 3-8; 1990 c 426 art 2 s 1; 1Sp1995 c 1
s 8; 2003 c 128 art 1 s 28; 2004 c 162 art 3 s 4; 2006 c 281 art 2 s 1-3
84.922 REGISTRATION.
    Subdivision 1. General requirements. Unless exempted in subdivision 1a, a person may not
operate and an owner may not give permission for another to operate an all-terrain vehicle within
the state unless the vehicle has been registered with the commissioner of natural resources, or is
exempt from registration.
    Subd. 1a. Exemptions. All-terrain vehicles exempt from registration are:
(1) vehicles owned and used by the United States, the state, another state, or a political
subdivision;
(2) vehicles registered in another state or country that have not been in this state for more
than 30 consecutive days; and
(3) vehicles used exclusively in organized track racing events.
    Subd. 2. Application, issuance, reports. (a) Application for registration or continued
registration shall be made to the commissioner or an authorized deputy registrar of motor vehicles
in a form prescribed by the commissioner. The form must state the name and address of every
owner of the vehicle.
(b) A person who purchases an all-terrain vehicle from a retail dealer shall make application
for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary ten-day
registration permit to each purchaser who applies to the dealer for registration. The dealer shall
submit the completed registration application and fees to the deputy registrar at least once each
week. No fee may be charged by a dealer to a purchaser for providing the temporary permit.
(c) Upon receipt of the application and the appropriate fee, the commissioner or deputy
registrar shall issue to the applicant, or provide to the dealer, an assigned registration number or a
commissioner or deputy registrar temporary ten-day permit. Once issued, the registration number
must be affixed to the vehicle in a manner prescribed by the commissioner. A dealer subject to
paragraph (b) shall provide the registration materials or temporary permit to the purchaser within
the ten-day temporary permit period. The commissioner shall use the snowmobile registration
system to register vehicles under this section.
(d) Each deputy registrar of motor vehicles acting under section 168.33, is also a deputy
registrar of all-terrain vehicles. The commissioner of natural resources in agreement with
the commissioner of public safety may prescribe the accounting and procedural requirements
necessary to assure efficient handling of registrations and registration fees. Deputy registrars shall
strictly comply with the accounting and procedural requirements.
(e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged for
each all-terrain vehicle registration renewal, duplicate or replacement registration card, and
replacement decal and a filing fee of $7 is charged for each all-terrain vehicle registration and
registration transfer issued by:
(1) a deputy registrar and shall be deposited in the treasury of the jurisdiction where the
deputy is appointed, or retained if the deputy is not a public official; or
(2) the commissioner and shall be deposited to the state treasury and credited to the all-terrain
vehicle account in the natural resources fund.
    Subd. 2a. Private use registration. All-terrain vehicles may be registered for private use
that are used exclusively for private or agricultural use or used exclusively on private property.
Private use registration is valid from the date of issuance until ownership of the all-terrain vehicle
is transferred. Private or agricultural use registrations are not transferable.
    Subd. 3. Registration card; signature. The commissioner shall provide to the registrant a
registration card that includes the registration number, the date of registration, the make and serial
number of the vehicle, the owner's name and address, and additional information the commissioner
may require. Information concerning each registration shall be retained by the commissioner.
The registration is not valid unless signed by at least one owner. Upon a satisfactory showing
that the registration card has been lost or destroyed the commissioner shall issue a replacement
registration card upon payment of a fee of $4. The fees collected from replacement registration
cards shall be deposited in the all-terrain vehicle account in the natural resources fund.
    Subd. 4. Report of transfers. A person who sells or transfers ownership of a vehicle
registered under this section shall report the sale or transfer to the commissioner within 15 days of
the date of transfer. An application for transfer must be executed by the registered owner and
the purchaser on a form prescribed by the commissioner with the owner's registration certificate,
a bill of sale and a $4 fee.
    Subd. 5. Fees for registration. (a) The fee for a three-year registration of an all-terrain
vehicle under this section, other than those registered by a dealer or manufacturer under paragraph
(b) or (c), is:
(1) for public use before January 1, 2005, $23;
(2) for public use on January 1, 2005, and after, $30;
(3) for private use, $6; and
(4) for a duplicate or transfer, $4.
(b) The total registration fee for all-terrain vehicles owned by a dealer and operated for
demonstration or testing purposes is $50 per year. Dealer registrations are not transferable.
(c) The total registration fee for all-terrain vehicles owned by a manufacturer and operated
for research, testing, experimentation, or demonstration purposes is $150 per year. Manufacturer
registrations are not transferable.
(d) The fees collected under this subdivision must be credited to the all-terrain vehicle
account.
    Subd. 6. Renewal. Every owner of an all-terrain vehicle must renew registration in a manner
prescribed by the commissioner upon payment of the registration fees in subdivision 5.
    Subd. 7. Vehicles owned by state or political subdivision. A registration number must be
issued without the payment of a fee for all-terrain vehicles owned by the state or a political
subdivision upon application.
    Subd. 8.[Repealed, 1989 c 331 s 26]
    Subd. 9. Licensing by political subdivisions. No political subdivision of this state shall
require licensing or registration of all-terrain vehicles covered by sections 84.92 to 84.929.
    Subd. 10. Registration by minors prohibited. No person under the age of 18 may register
an all-terrain vehicle.
    Subd. 11. Proof of sales tax payment. A person applying for initial registration in Minnesota
of an all-terrain vehicle shall provide a purchaser's certificate showing a complete description
of the all-terrain vehicle, the seller's name and address, the full purchase price of the all-terrain
vehicle, and the trade-in allowance, if any. The certificate also must include information showing
either that (1) the sales and use tax under chapter 297A was paid, or (2) the purchase was exempt
from tax under chapter 297A. The certificate is not required if the applicant provides a receipt,
invoice, or other document that shows the all-terrain vehicle was purchased from a retailer
maintaining a place of business in this state as defined in section 297A.66, subdivision 1.
    Subd. 12. Refunds. The commissioner may issue a refund on a registration, not including any
issuing fees paid under subdivision 2, paragraph (e), or section 84.027, subdivision 15, paragraph
(a), clause (3), if the refund request is received within 12 months of the original registration and:
(1) the vehicle was registered incorrectly by the commissioner or the deputy registrar; or
(2) the vehicle was registered twice, once by the dealer and once by the customer.
History: 1984 c 647 s 2; 1986 c 452 s 2-9; 1989 c 331 s 9-12; 1989 c 335 art 4 s 18;
1995 c 220 s 62; 1996 c 410 s 21; 2001 c 185 s 13,14; 1Sp2001 c 5 art 7 s 2; 2003 c 128 art 1
s 29,30; 1Sp2005 c 1 art 2 s 39,40
84.923 REQUIREMENTS OF MAKERS OF ALL-TERRAIN VEHICLES.
    Subdivision 1. Identification number. All vehicles made after January 1, 1985, and sold
in the state, must have manufacturer's permanent identification number stamped in letters and
numbers on the vehicle in the form and at a location prescribed by the commissioner.
    Subd. 2. Registration number. All vehicles made after January 1, 1985, and sold in the
state, must be designed and made to provide an area to affix the registration number. This area
shall be at a location and of dimensions prescribed by the commissioner.
History: 1984 c 647 s 3
84.924 RULEMAKING; ACCIDENT REPORT.
    Subdivision 1. Commissioner of natural resources. With a view of achieving proper use of
all-terrain vehicles consistent with protection of the environment, the commissioner of natural
resources shall adopt rules under chapter 14 relating to:
(1) registration of all-terrain vehicles and display of registration numbers;
(2) use of all-terrain vehicles insofar as game and fish resources are affected;
(3) use of all-terrain vehicles on public lands and waters;
(4) uniform signs to be used by the state, counties, and cities necessary or desirable to
control, direct, or regulate the operation and use of all-terrain vehicles; and
(5) specifications relating to all-terrain vehicle mufflers.
    Subd. 2. Commissioner of public safety. The commissioner of public safety may adopt
rules under chapter 14 regulating the use of all-terrain vehicles on streets and highways.
    Subd. 3. Accident report; requirement and form. The operator and an officer investigating
an accident of an all-terrain vehicle involved in an accident resulting in injury requiring medical
attention or hospitalization to or death of a person or total damage to an extent of $500 or more
shall within ten business days forward a written report of the accident to the commissioner of
natural resources on a form prescribed by either the commissioner of natural resources or by
the commissioner of public safety. 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. Periodically, the commissioner of natural resources must transmit a summary
of the accident reports to the commissioner of public safety.
History: 1986 c 452 s 10; 1989 c 331 s 13; 1993 c 184 s 3,4; 1994 c 615 s 4
84.925 EDUCATION AND TRAINING PROGRAM.
    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, to include a $1
issuing fee for licensing agents, 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, except for the issuing fee for licensing agents under this
subdivision, shall be deposited in the all-terrain vehicle account in the natural resources fund.
In addition to the fee established by the commissioner, instructors may charge each person the
cost of class material and expenses.
(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.
    Subd. 2.[Repealed, 1989 c 331 s 26]
    Subd. 3. All-terrain vehicle safety courses; reciprocity with other states. The
commissioner may enter into reciprocity agreements or otherwise certify all-terrain vehicle
environmental and safety education and training courses from other states that are substantially
similar to in-state courses. Proof of completion of a course subject to a reciprocity agreement
or certified as substantially similar is adequate to meet the safety certificate requirements of
sections 84.92 to 84.929.
    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.
    Subd. 5. Training requirements. (a) An individual who was born after July 1, 1987, and who
is 16 years of age or older, must successfully complete the independent study course component
of all-terrain vehicle safety training before operating an all-terrain vehicle on public lands.
(b) An individual who is convicted of violating a law related to the operation of an all-terrain
vehicle must successfully complete the independent study course component of all-terrain vehicle
safety training before continuing operation of an all-terrain vehicle.
(c) An individual who is convicted for a second or subsequent excess speed, trespass, or
wetland violation in an all-terrain vehicle season, or any conviction for careless or reckless
operation of an all-terrain vehicle, must successfully complete the independent study and the
testing and operating course components of all-terrain vehicle safety training before continuing
operation of an all-terrain vehicle.
(d) An individual who receives three or more citations and convictions for violating a law
related to the operation of an all-terrain vehicle in a two-year period must successfully complete
the independent study and the testing and operating course components of all-terrain vehicle
safety training before continuing operation of an all-terrain vehicle.
(e) An individual must present evidence of compliance with this subdivision before an
all-terrain vehicle registration is issued or renewed.
History: 1984 c 647 s 4; 1986 c 444; 1986 c 452 s 11; 2000 c 495 s 5; 1Sp2001 c 2 s 80;
2003 c 28 art 1 s 8; 2004 c 221 s 13,14; 1Sp2005 c 1 art 2 s 41,42
84.9254 [Repealed, 1Sp1997 c 2 s 69]
84.9256 YOUTHFUL OPERATORS; PROHIBITIONS.
    Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on public road
rights-of-way that is permitted under section 84.928, a driver's license issued by the state or
another state is required to operate an all-terrain vehicle along or on a public road right-of-way.
(b) A person under 12 years of age shall not:
(1) make a direct crossing of a public road right-of-way;
(2) operate an all-terrain vehicle on a public road right-of-way in the state; or
(3) operate an all-terrain vehicle on public lands or waters, except as provided in paragraph
(f).
(c) Except for public road rights-of-way of interstate highways, a person 12 years of age but
less than 16 years may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway or operate on public lands and waters, only if that person possesses
a valid all-terrain vehicle safety certificate issued by the commissioner and is accompanied on
another all-terrain vehicle by a person 18 years of age or older who holds a valid driver's license.
(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old, but
less than 16 years old, must:
(1) successfully complete the safety education and training program under section 84.925,
subdivision 1
, including a riding component; and
(2) be able to properly reach and control the handle bars and reach the foot pegs while sitting
upright on the seat of the all-terrain vehicle.
(e) A person at least 11 years of age may take the safety education and training program
and may receive an all-terrain vehicle safety certificate under paragraph (d), but the certificate
is not valid until the person reaches age 12.
(f) A person at least ten years of age but under 12 years of age may operate an all-terrain
vehicle with an engine capacity up to 90cc on public lands or waters if accompanied by a parent
or legal guardian.
(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
    Subd. 2. Helmet required. A person less than 18 years of age shall not operate an all-terrain
vehicle on public land, public waters, or on a public road right-of-way unless wearing a safety
helmet approved by the commissioner of public safety.
    Subd. 3. Prohibitions on person in lawful control. It is unlawful for any person who is in
lawful control of an all-terrain vehicle to permit it to be operated contrary to this section.
    Subd. 4. Suspension. When the judge of a juvenile court, or its duly authorized agent,
determines that a person, while less than 18 years of age, has violated sections 84.92 to 84.929, or
other state or local law or ordinance regulating the operation of an all-terrain vehicle, the judge or
duly authorized agent shall immediately report the determination to the commissioner and (1)
may recommend the suspension of the person's all-terrain vehicle safety certificate, or (2) may
recommend to the commissioner of public safety, the suspension of the person's driver's license.
The commissioner may suspend the certificate without a hearing.
History: 1986 c 452 s 13; 1989 c 331 s 14-16; 1993 c 184 s 5; 1Sp2001 c 2 s 81; 2005 c 146
s 5; 1Sp2005 c 1 art 2 s 43; 2006 c 281 art 2 s 4
84.9257 PASSENGERS.
(a) A parent or guardian may operate a class 1 all-terrain vehicle carrying one passenger
who is under 16 years of age and who wears a safety helmet approved by the commissioner
of public safety.
(b) For the purpose of this section, "guardian" means a legal guardian of a person under age
16, or a person 18 or older who has been authorized by the parent or legal guardian to supervise
the person under age 16.
(c) A person 18 years of age or older may operate an all-terrain vehicle carrying one
passenger who is 16 or 17 years of age and wears a safety helmet approved by the commissioner
of public safety.
(d) A person 18 years of age or older may operate an all-terrain vehicle carrying one
passenger who is 18 years of age or older.
(e) An operator of a class 2 all-terrain vehicle may carry two passengers.
History: 1Sp2001 c 2 s 82; 1Sp2005 c 1 art 2 s 44; 2006 c 281 art 2 s 5
84.926 VEHICLE USE ON PUBLIC LANDS; EXCEPTIONS.
    Subdivision 1. Exception by permit. Notwithstanding sections 84.773, subdivision 1, and
84.777, on a case by case basis, the commissioner may issue a permit authorizing a person to
operate an off-highway vehicle on individual public trails under the commissioner's jurisdiction
during specified times and for specified purposes.
    Subd. 2. All-terrain vehicles; managed or limited forests; off trail. Notwithstanding
section 84.777, but subject to the commissioner's authority under subdivision 5, on state forest
lands classified as managed or limited, other than the Richard J. Dorer Memorial Hardwood
Forest, a person may use an all-terrain vehicle off forest trails or forest roads when:
(1) hunting big game or transporting or installing hunting stands during October, November,
and December, when in possession of a valid big game hunting license;
(2) retrieving big game in September, when in possession of a valid big game hunting license;
(3) tending traps during an open trapping season for protected furbearers, when in possession
of a valid trapping license; or
(4) trapping minnows, when in possession of a valid minnow dealer, private fish hatchery, or
aquatic farm license.
    Subd. 3. All-terrain vehicles; closed forests; hunting. Notwithstanding section 84.777, the
commissioner may determine whether all-terrain vehicles are allowed on specific forest roads, on
state forest lands classified as closed, for the purpose of hunting big game during an open big
game season. The determination shall be by written order as published in the State Register and is
exempt from chapter 14. Section 14.386 does not apply.
    Subd. 4. Off-road and all-terrain vehicles; limited or managed forests; trails.
Notwithstanding section 84.777, but subject to the commissioner's authority under subdivision 5,
on state forest lands classified as limited or managed, other than the Richard J. Dorer Memorial
Hardwood Forest, a person may use vehicles registered under chapter 168 or section 84.798 or
84.922, including class 2 all-terrain vehicles, on forest trails that are not designated for a specific
use when:
(1) hunting big game or transporting or installing hunting stands during October, November,
and December, when in possession of a valid big game hunting license;
(2) retrieving big game in September, when in possession of a valid big game hunting license;
(3) tending traps during an open trapping season for protected furbearers, when in possession
of a valid trapping license; or
(4) trapping minnows, when in possession of a valid minnow dealer, private fish hatchery, or
aquatic farm license.
    Subd. 5. Limitations on off-trail and undesignated trail use. The commissioner may
designate areas on state forest lands that are not subject to the exceptions provided in subdivisions
2 and 4. Such designations are not subject to the rulemaking provisions of chapter 14 and
section 14.386 does not apply. Before designating such areas, 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 designation. Sixty
days before the public meeting, notice of the proposed designation 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.
History: 1984 c 647 s 5; 1986 c 444; 2003 c 128 art 1 s 31; 1Sp2005 c 1 art 2 s 45; 2006
c 281 art 2 s 6
84.927 ALL-TERRAIN VEHICLE ACCOUNT; RECEIPTS AND ALLOCATIONS.
    Subdivision 1. Registration revenue. Fees from the registration of all-terrain vehicles and
the unrefunded gasoline tax attributable to all-terrain vehicle use under section 296A.18, as well
as the net proceeds from the sale of all-terrain vehicles forfeited pursuant to section 169A.63,
shall be deposited in the state treasury and credited to the all-terrain vehicle account in the natural
resources fund.
    Subd. 2. Purposes. Subject to appropriation by the legislature, money in the all-terrain
vehicle account may only be spent for:
(1) the education and training program under section 84.925;
(2) administration, enforcement, and implementation of sections 84.773 to 84.929;
(3) acquisition, maintenance, and development of vehicle trails and use areas;
(4) grant-in-aid programs to counties and municipalities to construct and maintain all-terrain
vehicle trails and use areas;
(5) grants-in-aid to local safety programs; and
(6) enforcement and public education grants to local law enforcement agencies.
The distribution of funds made available through grant-in-aid programs must be guided by
the statewide comprehensive outdoor recreation plan.
History: 1984 c 647 s 6; 1986 c 452 s 14; 1989 c 335 art 4 s 19; 1995 c 230 s 5; 1Sp1997 c
2 s 4; 1998 c 299 s 30; 2000 c 478 art 2 s 7; 2003 c 128 art 1 s 32
84.928 OPERATION REQUIREMENTS; LOCAL REGULATION.
    Subdivision 1. Operation on roads and rights-of-way; class 1 vehicles. (a) Unless
otherwise allowed in sections 84.92 to 84.929, a person shall not operate a class 1 all-terrain
vehicle in this state along or on the roadway, shoulder, or inside bank or slope of a public road
right-of-way of a trunk, county state-aid, or county highway other than in the ditch or the outside
bank or slope of a trunk, county state-aid, or county highway unless prohibited under paragraph
(b).
(b) A road authority as defined under section 160.02, subdivision 25, may after a public
hearing restrict the use of class 1 all-terrain vehicles in the ditch or outside bank or slope of a
public road right-of-way under its jurisdiction.
(c) The restrictions in paragraphs (a), (b), (g), (h), and (i) do not apply to the operation of a
class 1 all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside bank or slope of a
trunk, interstate, county state-aid, or county highway when the class 1 all-terrain vehicle is:
(1) owned by or operated under contract with a publicly or privately owned utility or pipeline
company; and
(2) used for work on utilities or pipelines.
(d) The commissioner may limit the use of a right-of-way for a period of time if the
commissioner determines that use of the right-of-way causes:
(1) degradation of vegetation on adjacent public property;
(2) siltation of waters of the state;
(3) impairment or enhancement to the act of taking game; or
(4) a threat to safety of the right-of-way users or to individuals on adjacent public property.
(e) The commissioner must notify the road authority as soon as it is known that a closure will
be ordered. The notice must state the reasons and duration of the closure.
(f) A person may operate a class 1 all-terrain vehicle registered for private use and used for
agricultural purposes or a class 2 all-terrain vehicle on a public road right-of-way of a trunk,
county state-aid, or county highway in this state if the class 1 or class 2 all-terrain vehicle is
operated on the extreme right-hand side of the road, and left turns may be made from any part of
the road if it is safe to do so under the prevailing conditions.
(g) A person shall not operate a class 1 all-terrain vehicle within the public road right-of-way
of a trunk, county state-aid, or county highway from April 1 to August 1 in the agricultural zone
unless the vehicle is being used exclusively as transportation to and from work on agricultural
lands. This paragraph does not apply to an agent or employee of a road authority, as defined in
section 160.02, subdivision 25, or the Department of Natural Resources when performing or
exercising official duties or powers.
(h) A person shall not operate a class 1 all-terrain vehicle within the public road right-of-way
of a trunk, county state-aid, or county highway between the hours of one-half hour after sunset to
one-half hour before sunrise, except on the right-hand side of the right-of-way and in the same
direction as the highway traffic on the nearest lane of the adjacent roadway.
(i) A person shall not operate a class 1 all-terrain vehicle at any time within the right-of-way
of an interstate highway or freeway within this state.
    Subd. 1a. Crossing a public road right-of-way. (a) An all-terrain vehicle may make a direct
crossing of a public road right-of-way provided:
(1) the crossing is made at an angle of approximately 90 degrees to the direction of the road
and at a place where no obstruction prevents a quick and safe crossing;
(2) the vehicle is brought to a complete stop before crossing the shoulder or main traveled
way of the road;
(3) the driver yields the right-of-way to all oncoming traffic that constitutes an immediate
hazard;
(4) in crossing a divided road, the crossing is made only at an intersection of the road with
another public road; and
(5) if the crossing is made between the hours of one-half hour after sunset to one-half hour
before sunrise or in conditions of reduced visibility, only if both front and rear lights are on.
(b) An all-terrain vehicle may be operated upon a bridge, other than a bridge that is part of
the main traveled lanes of an interstate highway, or roadway shoulder or inside bank of a public
road right-of-way when required for the purpose of avoiding obstructions to travel when no
other method of avoidance is possible; provided the all-terrain vehicle is operated in the extreme
right-hand lane, the entrance to the roadway is made within 100 feet of the bridge or obstacle,
and the crossing is made without undue delay.
(c) A person shall not operate an all-terrain vehicle upon a public street or highway unless the
vehicle is equipped with at least one headlight and one taillight, each of minimum candlepower
as prescribed by rules of the commissioner, and with brakes conforming to standards prescribed
by rule of the commissioner, and all of which are subject to the approval of the commissioner
of public safety.
(d) An all-terrain vehicle may be operated upon a public road right-of-way other than as
provided by paragraph (b) in an emergency during the period of time when and at locations where
the condition of the roadway renders travel by automobile impractical.
(e) Chapters 169 and 169A apply to the operation of all-terrain vehicles upon streets and
highways, except for those provisions relating to required equipment and except those provisions
which by their nature have no application.
(f) A sled, trailer, or other device being towed by an all-terrain vehicle must be equipped
with reflective materials as required by rule of the commissioner.
(g) A driver's license is not required to operate an all-terrain vehicle along or on a public
road right-of-way if the right-of-way encompasses a trail administered by the commissioner and
designated for all-terrain vehicle use or multiple use.
(h) A road authority as defined in section 160.02, subdivision 25, may by permit designate
corridor access trails on public road rights-of-way for purposes of accessing established all-terrain
vehicle trails. A driver's license is not required to operate an all-terrain vehicle on a designated
corridor access trail.
    Subd. 2. Operation generally. A person may not drive or operate an all-terrain vehicle:
(1) at a rate of speed greater than reasonable or proper under the surrounding circumstances;
(2) in a careless, reckless, or negligent manner so as to endanger or to cause injury or damage
to the person or property of another;
(3) without headlight and taillight lighted at all times if the vehicle is equipped with
headlight and taillight;
(4) without a functioning stoplight if so equipped;
(5) in a tree nursery or planting in a manner that damages or destroys growing stock;
(6) without a brake operational by either hand or foot;
(7) with more than one person on the vehicle, except as allowed under section 84.9257;
(8) at a speed exceeding ten miles per hour on the frozen surface of public waters within 100
feet of a person not on an all-terrain vehicle or within 100 feet of a fishing shelter;
(9) with a snorkel device that has a raised air intake six inches or more above the vehicle
manufacturer's original air intake, except within the Iron Range Off-Highway Vehicle Recreation
Area as described in section 85.013, subdivision 12a, or other public off-highway vehicle
recreation areas; or
(10) in a manner that violates operation rules adopted by the commissioner.
    Subd. 3.[Repealed, 1994 c 615 s 28]
    Subd. 4. Operation prohibited on airports. Except for employees and agents while acting
incident to the operation of the airport, it is unlawful for a person to drive or operate an all-terrain
vehicle on an airport defined in section 360.013, subdivision 39.
    Subd. 5. Organized contests, use of highways and public lands and waters. Nothing in
this section or chapter 169 prohibits the use of all-terrain vehicles within the right-of-way of a
state trunk or county state-aid highway or upon public lands or waters under the jurisdiction of the
commissioner of natural resources, in an organized contest or event, subject to the consent of the
official or board having jurisdiction over the highway or public lands or waters.
In permitting the contest or event, the official or board having jurisdiction may prescribe
restrictions or conditions as they may deem advisable.
    Subd. 6. Regulations by political subdivisions. (a) Notwithstanding any law to the contrary,
a city or town, acting through its governing body, may by resolution or ordinance prohibit the
operation of all-terrain vehicles on city streets or town roads in its jurisdiction provided the
regulations are otherwise consistent with sections 84.92 to 84.929.
(b) A county or city, or a town acting by its town board, may regulate the operation of
all-terrain vehicles on public lands, waters, and property under its jurisdiction other than public
road rights-of-way within its boundaries, by resolution or ordinance of the governing body and by
giving appropriate notice, provided:
(1) the regulations must be consistent with sections 84.92 to 84.929 and rules adopted under
section 84.924;
(2) an ordinance may not impose a fee for the use of public land or water under the
jurisdiction of either the Department of Natural Resources or other agency of the state, or for the
use of an access to it owned by the state or a county or a city; and
(3) an ordinance may not require an all-terrain vehicle operator to possess a motor vehicle
driver's license while operating an all-terrain vehicle.
(c) Notwithstanding any law to the contrary, a county board by ordinance may allow the
operation of all-terrain vehicles on the road right-of-way shoulder, or inside bank or slope of a
county highway or county state-aid highway, if:
(1) the highway is in the agricultural zone; or
(2) safe operation in the ditch or outside slope is impossible, and the county posts the
appropriate notice.
    Subd. 7.[Repealed, 1989 c 331 s 26]
    Subd. 8. Operation; class 2 vehicles. Except as provided in section 84.926, subdivision
4, operation of class 2 all-terrain vehicles on public lands is limited to forest roads, minimum
maintenance roads, and trails designated or signed for class 2 all-terrain vehicles.
History: 1984 c 647 s 7; 1986 c 452 s 15; 1987 c 149 art 2 s 2; 1987 c 368 s 5; 1989 c 331
s 17-19; 1994 c 635 art 2 s 1; 2000 c 478 art 2 s 7; 1Sp2001 c 2 s 83; 2003 c 128 art 1 s 33;
1Sp2005 c 1 art 2 s 46,47; 2006 c 281 art 2 s 7,8
84.929 PENALTIES.
Any person who violates any provision of sections 84.92 to 84.928 or rules of the
commissioner is guilty of a misdemeanor.
History: 1984 c 647 s 8; 1989 c 331 s 20

MOTORIZED TRAIL GRANTS-IN-AID

84.930 MOTORIZED TRAIL GRANTS-IN-AID.
(a) This section applies to grants-in-aid for motorized trail construction and maintenance
under sections 84.794, 84.803, 84.83, and 84.927.
(b) If the commissioner of natural resources determines that a grant-in-aid recipient has
violated any federal or state law or any of the terms of the grant agreement with the commissioner,
the commissioner may withhold all grant payments for any work occurring after the date the
recipient was notified of the violation and seek restitution for any property damage caused by the
violation.
(c) A grant-in-aid recipient may appeal the commissioner's decision under paragraph (b) in a
contested case hearing under section 14.58.
History: 2003 c 128 art 1 s 34

PLANNING AND PROTECTION OF RESOURCES

84.94 AGGREGATE PLANNING AND PROTECTION.
    Subdivision 1. Purpose. It is the purpose of this section to protect aggregate resources; to
promote orderly and environmentally sound development; to spread the burden of development;
and to introduce aggregate resource protection into local comprehensive planning and land use
controls.
    Subd. 2. Definition. For the purpose of this section, "municipality" means a home rule
charter or statutory city, or a town.
    Subd. 3. Identification and classification. The Department of Natural Resources, with the
cooperation of the state Geological Survey, Departments of Transportation, and Energy, Planning
and Development, outside of the metropolitan area as defined in section 473.121, shall conduct a
program of identification and classification of potentially valuable publicly or privately owned
aggregate lands located outside of urban or developed areas where aggregate mining is restricted,
without consideration of their present land use. The program shall give priority to identification
and classification in areas of the state where urbanization or other factors are or may be resulting
in a loss of aggregate resources to development. Lands shall be classified as:
(1) identified resources, being those containing significant aggregate deposits;
(2) potential resources, being those containing potentially significant deposits and meriting
further evaluation; or
(3) subeconomic resources, being those containing no significant deposits.
As lands are classified, the information on the classification shall be transmitted to each of the
departments and agencies named in this subdivision, to the planning authority of the appropriate
county and municipality, and to the appropriate county engineer. The county planning authority
shall notify owners of land classified under this subdivision by publication in a newspaper of
general circulation in the county or by mail.
    Subd. 4. Local action. Each planning authority of a county or municipality receiving
information pursuant to subdivision 3 shall consider the protection of identified and important
aggregate resources in their land use decisions.
History: 1984 c 605 s 1

FISH AND WILDLIFE RESOURCES

MANAGEMENT PLAN

84.941 POLICY.
It is the policy of the state that fish and wildlife are renewable natural resources to be
conserved and enhanced through planned scientific management, protection, and utilization.
History: 1986 c 383 s 7
84.942 FISH AND WILDLIFE RESOURCES MANAGEMENT PLAN.
    Subdivision 1. Preparation. The commissioner of natural resources shall prepare a
comprehensive fish and wildlife management plan designed to accomplish the policy of section
84.941. The comprehensive fish and wildlife management plan shall include a strategic plan as
outlined in subdivision 2. The strategic plan must be completed by July 1, 1986. The management
plan must also include the long-range and operational plans as described in subdivisions 3 and
4. The management plan must be completed by July 1, 1988.
    Subd. 2. Strategic plan. The strategic plan must be updated every six years and include:
(1) an issues analysis describing major fish and wildlife management problems;
(2) a description of strategies to address management problems; and
(3) an assessment of the need for additional fish and wildlife research facilities.
    Subd. 3. Long-range plan. The long-range plan must be updated every six years and include:
(1) an assessment of historical, present, and projected demand for fish and wildlife resources;
(2) an assessment of the capability of fish and wildlife resources to meet present and future
demand;
(3) development of a database capable of continuous updating and usable as a resource
management tool; and
(4) a statement of major goals, objectives, and policies to address fish and wildlife resource
management issues.
    Subd. 4. Operational plan. The operational plan must be reviewed and updated every two
years. The operational plan must include the following:
(1) a description of specific actions needed to address resource management issues;
(2) an estimate of the expenditures necessary to implement the management actions and a
description of the sources and amounts of revenue available;
(3) a procedure to review expenditures and evaluate the effectiveness of the management
program; and
(4) recommendations for additional actions necessary to meet fish and wildlife management
needs.
    Subd. 5. Public agency coordination. The commissioner of natural resources must
coordinate fish and wildlife planning efforts with appropriate public agencies to achieve optimum
public benefit.
    Subd. 6. Public involvement. The commissioner of natural resources must make fish and
wildlife management plans available for public input, review, and comment.
History: 1986 c 383 s 8

CRITICAL NATURAL HABITAT

84.943 MINNESOTA CRITICAL HABITAT PRIVATE SECTOR MATCHING ACCOUNT.
    Subdivision 1. Establishment. The Minnesota critical habitat private sector matching
account is established as a separate account in the reinvest in Minnesota resources fund
established under section 84.95. The account shall be administered by the commissioner of
natural resources as provided in this section.
    Subd. 2. Funding sources. The critical habitat private sector matching account shall consist
of contributions from private sources and appropriations.
    Subd. 3. Appropriations must be matched by private funds. Appropriations transferred
to the critical habitat private sector matching account and money credited to the account under
section 168.1296, subdivision 5, may be expended only to the extent that they are matched
equally with contributions from private sources or by funds contributed to the nongame wildlife
management account. The private contributions may be made in cash, property, land, or interests
in land. Appropriations transferred to the account that are not matched within three years from the
date of the appropriation shall cancel to the source of the appropriation. For the purposes of this
section, the private contributions of property, land, or interests in land that are retained by the
commissioner shall be valued in accordance with their appraised value.
    Subd. 4. Management. The critical habitat private sector matching account shall be managed
to earn the highest interest compatible with prudent investment, preservation of principal, and
reasonable liquidity. Unless an appropriation to the account reverts to its original source under
subdivision 3, the principal and interest in the account remain in the account until expended
as provided in this section.
    Subd. 5. Pledges and contributions. The commissioner of natural resources may accept
contributions and pledges to the critical habitat private sector matching account. A pledge that is
made contingent on an appropriation is acceptable and shall be reported with other pledges as
required in this section. In the budget request for each biennium, the commissioner shall report
the balance of contributions in the account and the amount that has been pledged for payment in
the succeeding two calendar years.
Money in the account is appropriated to the commissioner of natural resources only for the
direct acquisition or improvement of land or interests in land as provided in section 84.944.
To the extent of available appropriations other than bond proceeds, the money matched to the
nongame wildlife management account may be used for the management of nongame wildlife
projects as specified in section 290.431. Acquisition includes: (1) purchase of land or an interest
in land by the commissioner; or (2) acceptance by the commissioner of gifts of land or interests in
land as program projects.
History: 1986 c 383 s 9; 1987 c 357 s 13-15; 1995 c 220 s 63; 2006 c 281 art 2 s 9
84.944 ACQUISITION OF CRITICAL NATURAL HABITAT.
    Subdivision 1. Acquisition considerations. (a) In determining what critical natural habitat
shall be acquired or improved, the commissioner shall consider:
(1) the significance of the land or water as existing or potential habitat for fish and wildlife
and providing fish and wildlife oriented recreation;
(2) the significance of the land, water, or habitat improvement to maintain or enhance native
plant, fish, or wildlife species designated as endangered or threatened under section 84.0895;
(3) the presence of native ecological communities that are now uncommon or diminishing;
and
(4) the significance of the land, water or habitat improvement to protect or enhance natural
features within or contiguous to natural areas including fish spawning areas, wildlife management
areas, scientific and natural areas, riparian habitat and fish and wildlife management projects.
(b) Based on the above clauses, the commissioner by rule must establish a process to
prioritize what critical habitat shall be acquired or improved.
    Subd. 2. Designation of acquired sites. The critical natural habitat acquired in fee title by
the commissioner under this section shall be designated by the commissioner as: (1) an outdoor
recreation unit pursuant to section 86A.07, subdivision 3, or (2) as provided in sections 89.018,
subdivision 2
, paragraph (a), 97A.101, 97A.125, 97C.001, and 97C.011. The commissioner may
so designate any critical natural habitat acquired in less than fee title.
    Subd. 3. County acquisition approval. The commissioner must follow the procedures under
section 97A.145, subdivision 2, for critical natural habitat acquired under this section.
History: 1986 c 383 s 10; 1987 c 149 art 2 s 3-5; 1987 c 357 s 16; 1991 c 254 art 2 s
7; 1991 c 259 s 7; 2000 c 375 s 1

REINVESTMENT IN MINNESOTA

RESOURCES FUND

84.95 REINVEST IN MINNESOTA RESOURCES FUND.
    Subdivision 1. Program fund; establishment. A reinvest in Minnesota resources fund is
created as a separate fund in the state treasury. The fund shall be managed to earn the highest
interest compatible with prudent investment, preservation of principal, and reasonable liquidity.
The principal and interest attributable to the principal shall remain in the fund until spent.
Proceeds of state bonds issued for purposes of the fund shall be segregated in a special account
and disbursed only for capital costs of the acquisition and betterment of public land and easements
in land and improvements in land for which the proceeds are appropriated.
    Subd. 2. Purposes and expenditures. Money from the reinvest in Minnesota resources fund
may only be spent for the following fish and wildlife conservation enhancement purposes:
(1) development and implementation of the comprehensive fish and wildlife management
plan under section 84.942;
(2) implementation of the conservation reserve program established by section 103F.515;
(3) soil and water conservation practices to improve water quality, reduce soil erosion and
crop surpluses;
(4) enhancement or restoration of fish and wildlife habitat on lakes, streams, wetlands,
and public and private forest lands;
(5) acquisition and development of public access sites and recreation easements to lakes,
streams, and rivers for fish and wildlife oriented recreation;
(6) matching funds with government agencies, federally recognized Indian tribes and bands,
and the private sector for acquisition and improvement of fish and wildlife habitat;
(7) research and surveys of fish and wildlife species and habitat;
(8) enforcement of natural resource laws and rules;
(9) information and education;
(10) implementing the aspen recycling program under section 88.80 and for other forest
wildlife management projects; and
(11) necessary support services to carry out these purposes.
    Subd. 3.[Repealed, 2004 c 255 s 51]
History: 1985 c 248 s 70; 1986 c 383 s 12; 1987 c 357 s 17,18; 1989 c 353 s 8; 1990 c 391
art 8 s 15; 1993 c 227 s 1
84.96 NATIVE PRAIRIE BANK.
    Subdivision 1. Establishment. The commissioner shall establish a native prairie bank,
determine where native prairie land is located in the state, and prescribe eligibility requirements
for inclusion of land in the native prairie bank.
    Subd. 2. Definition. For the purposes of this section, "native prairie" means land that has
never been plowed, with less than ten percent tree cover and with predominantly native prairie
vegetation.
    Subd. 3. Easement acquisition. (a) The commissioner may acquire native prairie for
conservation purposes by entering into easements with landowners. The easements must be
conservation easements as defined in section 84C.01, clause (1), except the easements may be
made possessory as well as nonpossessory if agreed upon by the landowner and the commissioner.
(b) The easements may be permanent or of limited duration. Highest priority must be given to
permanent easements consistent with the purposes of this section. Easements of limited duration
must be for at least 20 years, with provision for renewal for at least another 20-year period. For
easements of limited duration, the commissioner may reexamine and adjust the payment rates at
the beginning of any renewal period after considering current land and crop values.
    Subd. 4. Easement agreement. (a) In the easement between the commissioner and an
owner, the owner must agree:
(1) to place in the program for the period of the easement eligible native prairie areas
designated by the owner, including prairie covered by a federal or state easement that allows
agricultural use and desirable land adjacent to the prairie as determined by the commissioner;
(2) not to alter the native prairie by plowing, heavy grazing, seeding to nonnative grasses or
legumes, spraying with large amounts of herbicides, or otherwise destroying the native prairie
character of the easement area, except mowing the native prairie tract for wild hay may qualify
for easement as determined by the commissioner;
(3) to implement the native prairie conservation and development plan as provided in the
easement agreement, unless a requirement in the easement agreement is waived or modified
by the commissioner;
(4) to forfeit all rights to further payments under the terms of the easement and to refund to
the state all payments received under the easement if the easement is violated at any time when
the owner has control of the land subject to the easement, if the commissioner determines that
the violation warrants termination of the easement, or if the commissioner determines that the
violation does not warrant termination of the easement, the commissioner may determine refunds
or payment adjustments to be paid by the commissioner;
(5) not to adopt a practice specified by the commissioner in the easement as a practice that
would tend to defeat the purposes of the easement; and
(6) to additional provisions included in the easement that the commissioner determines are
desirable.
(b) In return for the easement of the owner, the commissioner shall make payments as
provided in subdivision 5 and may provide advice on conservation and development practices on
the native prairie in the easement and adjacent areas.
    Subd. 5. Payments. (a) The commissioner must make payments to the landowner under
this subdivision for the easement.
(b) For a permanent easement, the commissioner must pay 65 percent of the permanent
marginal agricultural land payment rate as established by the Board of Water and Soil Resources
for the time period when the application is made.
(c) For an easement of limited duration, the commissioner must pay 65 percent of the
permanent prairie bank easement rate for the time period when the application is made.
(d) To maintain and protect native prairies, the commissioner may enter into easements that
allow selected agricultural practices. Payment must be based on paragraph (b) or (c) but may be
reduced due to the agricultural practices allowed after negotiation with the landowner.
    Subd. 6. Renewal. A limited-term easement may be converted to a permanent easement or
renewed at the end of the easement period by mutual agreement of the commissioner and the
owner, subject to any rate redetermination by the commissioner.
    Subd. 7. Easement runs with land. If during the easement period the owner sells or
otherwise disposes of the ownership or right of occupancy of the land, the new owner must
continue the easement under the same terms or conditions.
    Subd. 8. Modification and termination by agreement. The commissioner may terminate an
easement by mutual agreement with the owner if the commissioner determines that the termination
would be in the public interest. The commissioner may agree to modifications of agreements if the
commissioner determines the modification is desirable to implement the native prairie program.
    Subd. 9. Rules. The commissioner of natural resources may adopt rules that include the
procedures and payment rates to implement this section.
History: 1987 c 357 s 19; 1991 c 254 art 2 s 8

PRAIRIE LAND MANAGEMENT

84.961 PRAIRIE LAND MANAGEMENT.
    Subdivision 1. Native prairie values. The commissioner of natural resources must recognize
the value of native prairie land by taking into consideration the wildlife, scientific, erosion control,
educational, and recreational benefits of native prairie.
    Subd. 2. Planning. The commissioner must plan for management, development, and
restoration of:
(1) prairie land under the commissioner's jurisdiction; and
(2) prairie landscape reserves, comprised of an integrated network of protected prairie lands,
prairie restoration sites, and private prairie lands.
    Subd. 3. Prairie landscape reserves. The commissioner must develop and manage
permanent prairie landscape reserves to maintain the native plant and animal populations,
landscape features, and habitat types that are characteristic of intact native prairie ecosystems.
Management practices may include haying and grazing.
    Subd. 4. Prairie biologist. The position of prairie biologist is established in the Department
of Natural Resources to plan, develop, and manage native prairie reserves and prairie land under
this section. The prairie biologist shall be located within the central part of the prairie region and
be under the supervision of the scientific and natural areas program.
History: 1987 c 404 s 98
84.963 PRAIRIE PLANT SEED PRODUCTION AREAS.
The commissioner of natural resources shall study the feasibility of establishing private or
public prairie plant seed production areas within prairie land locations. If prairie plant seed
production is feasible, the commissioner may aid the establishment of production areas. The
commissioner may enter cost-share or sharecrop agreements with landowners having easements
for conservation purposes of ten or more years on their land to commercially produce prairie plant
seed of Minnesota origin. The commissioner may only aid prairie plant seed production areas
on agricultural land used to produce crops before December 23, 1985, and cropped three out of
five years between 1981 and 1985.
History: 1987 c 404 s 99
84.964 INTERAGENCY NATIVE VEGETATION TASK FORCE.
(a) An interagency task force on native plant conservation is established composed of
the commissioners or their designees of the Departments of Agriculture, Natural Resources,
Transportation, and the Pollution Control Agency and the executive director or designee of the
Board of Water and Soil Resources. The commissioner of natural resources or the commissioner's
designee shall chair the task force.
(b) The purpose of the task force is to identify priority conservation needs for native plants
and their habitats in the ecological regions of the state, and to coordinate implementation of
interagency programs to address those needs. The task force shall also ensure, to the greatest
extent practicable, that native plant species and communities are maintained, enhanced, restored,
or established on public lands, and are promoted on private lands.
History: 1995 c 220 s 64
84.965 APPROVAL OF PROJECT BY GOVERNOR.
    Subdivision 1. Project coordination. The commissioner of natural resources shall develop a
plan that establishes: a priority for unemployed youths who are economically, socially, physically,
or educationally disadvantaged; the ways in which participants will be assisted in gaining ongoing
employment or training upon completing the projects; the ways in which exclusive bargaining
representatives are to be consulted in regard to the positions and job duties of persons employed
in projects; and how the projects are coordinated with other publicly authorized or subsidized
programs.
    Subd. 2. Corps member status; fees. All camp staff except camp directors in the young
adult program are corps members. Corps members are not covered for unemployment benefits if
their services are excluded under section 268.035, subdivision 20, and they are not eligible for
other benefits except workers' compensation. The corps members are not employees of the state of
Minnesota within the meaning of section 43A.02, subdivision 21. The commissioner may charge
a fee for any service performed by the corps.
History: 1963 c 790 art 7 s 3; 1969 c 1129 art 10 s 2; 1975 c 271 s 6; 1Sp1985 c 14 art 9 s
3; 1986 c 444; 1987 c 403 art 2 s 4,5; 1988 c 690 art 1 s 21; 1990 c 516 s 1; 1994 c 488 s 8;
1999 c 107 s 66; 2000 c 343 s 4; 2001 c 7 s 20
84.966 [Repealed, 1996 c 385 art 2 s 8]
84.967 [Repealed, 1996 c 385 art 2 s 8]
84.968 [Repealed, 1996 c 385 art 2 s 8]
84.969 [Repealed, 1996 c 385 art 2 s 8]
84.9691 [Repealed, 1996 c 385 art 2 s 8]
84.9692 [Repealed, 1996 c 385 art 2 s 8]
84.9695 [Renumbered 17.457]

CONTROLLED BURNING

84.97 CONTROLLED BURNING.
    Subdivision 1. Program established. The commissioner may establish a controlled burning
program on public and private land to propagate wildlife requiring new vegetative growth and
brush habitats, to manage the prairie, and to reduce the wildfire hazard.
    Subd. 2. Burning permits. (a) A person may not conduct a controlled burn without a permit.
(b) The commissioner may provide a manual that describes financial and technical assistance
available and provides detailed information on conducting a controlled burn.
    Subd. 3. Assistance for private burns. The commissioner may provide financial and
technical assistance to persons who desire to conduct controlled burns approved by the
commissioner. Technical assistance includes controlled burn plan development, demonstration
controlled burns, and personnel assistance for a controlled burn.
History: 1988 c 714 s 1

SHORELAND MANAGEMENT GRANTS

84.975 SHORELAND MANAGEMENT GRANTS.
    Subdivision 1. Purposes. The commissioner of natural resources may make grants to local
governments:
(1) to administer, monitor, and enforce state approved shoreland management ordinances;
(2) to adopt shoreland management ordinances consistent with statewide standards;
(3) to develop comprehensive lake by lake or river shoreland management strategies that
provide a unique plan to guide activities on and adjacent to a lake or river; and
(4) to implement elements of a comprehensive lake or river management strategy.
    Subd. 2. Action on grant applications. Upon receipt of a request for a shoreland
management grant, the commissioner of natural resources must confer with the local government
requesting the grant and may make a grant based on the following considerations:
(1) the number and classification of lakes and rivers in the jurisdiction of the local
government;
(2) the extent of current shoreland development;
(3) the development trends for the lakes and rivers;
(4) the miles of lake and river shoreline;
(5) whether the shoreland management ordinance or regulation adopted by the local
government meets the minimum standards established by the commissioner;
(6) the degree and effectiveness of administration, enforcement, and monitoring of the
existing shoreland ordinances;
(7) the ability of the local government to finance the program or project; and
(8) the degree to which the program considers a comprehensive approach to lake or river
management including land use, recreation, water levels, surface water use, fish, wildlife, and
water quality that may be secondary to the other elements.
    Subd. 3. Limitations. The maximum annual shoreland management grant to local
government for purposes of subdivision 1, clauses (1) and (2), may not exceed the local
contribution to the shoreland management activity. Any federal program aid for shoreland
management shall serve to reduce the state and local contribution to the activity.
    Subd. 4. Aquatic plant grants. The commissioner may make grants for aquatic plant
restoration projects, research, and propagation.
History: 1989 c 335 art 1 s 266; 2002 c 376 s 2

MINNESOTA CONSERVATION CORPS

84.98 [Repealed, 2003 c 128 art 1 s 176]
84.99 [Repealed, 2003 c 128 art 1 s 176]
84.991 MINNESOTA CONSERVATION CORPS.
    Subdivision 1. Transfer. (a) The Minnesota Conservation Corps is moved to the Friends of
the Minnesota Conservation Corps, an existing nonprofit corporation under section 501(c)(3) of
the Internal Revenue Code of 1986, as amended, doing business as the Minnesota Conservation
Corps under the supervision of a board of directors.
(b) The expenditure of state funds by the Minnesota Conservation Corps is subject to audit
by the legislative auditor and regular annual report to the legislature in general and specifically
to the house of representatives and senate committees with jurisdiction over environment and
natural resources policy and finance.
    Subd. 2. Staff; corps members. (a) Staff employed by the Minnesota Conservation Corps
are not state employees, but, at the option of the board of directors of the nonprofit corporation
and at the expense of the corporation or its staff, employees who are in the employ of the
Minnesota Conservation Corps on or before June 30, 2003, may continue to participate in state
retirement and deferred compensation that apply to state employees.
(b) Employment as a Minnesota Conservation Corps member is noncovered employment for
purposes of eligibility for unemployment benefits under chapter 268.
(c) The Minnesota Conservation Corps is authorized to continue to have staff and corps
members participate in the state of Minnesota workers' compensation program through the
Department of Natural Resources. Staff and corps members' claim and administrative costs
must be allocated and set annually by the Department of Natural Resources in a manner that is
consistent with how these costs are allocated across that agency's operations. The Friends of
the Minnesota Conservation Corps shall establish and follow loss-control strategies that are
consistent with loss-control activities of the Department of Natural Resources. In the event that
the Friends of the Minnesota Conservation Corps becomes insolvent or cannot otherwise fund
its claim and administrative costs, liability for these costs shall be assumed by the Department
of Natural Resources.
(d) The Minnesota Conservation Corps is a training and service program and exempt from
Minnesota prevailing wage guidelines.
    Subd. 3. State and other agency collaboration. The Departments of Natural Resources,
Agriculture, Public Safety, Transportation, and other appropriate state agencies must
constructively collaborate with the Minnesota Conservation Corps.
    Subd. 4. Equipment and service purchases; state contracts. The Minnesota Conservation
Corps may purchase or lease equipment and services, including fleet, through state contracts
administered by the commissioner of administration or the Department of Natural Resources.
    Subd. 5. Limitations on Minnesota Conservation Corps projects. Each employing state or
local agency must certify that the assignment of Minnesota Conservation Corps members will not
result in the displacement of currently employed workers or workers on seasonal layoff, including
partial displacement such as reduction in hours of nonovertime work, wages, or other employment
benefits. Supervising agencies that participate in the program may not terminate, lay off, reduce
the seasonal hours, or reduce the working hours of any employee for the purpose of using a
corps member with available funds. The positions and job duties of corps members employed in
projects shall be submitted to affected exclusive representatives prior to actual assignment.
    Subd. 6. Joint powers. Section 471.59 relating to joint exercise of powers applies to the
Minnesota Conservation Corps.
History: 2003 c 128 art 1 s 35