2007 Minnesota Statutes

CHAPTER 398. PARK DISTRICTS

398.01 PARK DISTRICTS; SINGLE AND MULTICOUNTY.
There are hereby created, subject to activation by the boards of county commissioners, as
hereinafter provided, park districts which are bodies corporate and politic and which, when
activated, shall be deemed to be political subdivisions of the state of Minnesota and public
corporations. Park districts shall be of two kinds: (1) single county, which shall be coterminous
with a county except that in counties containing a city of the first class such city shall be excluded
from the park district; and (2) multicounty, which shall include parts or all of more than one
county but shall not include any city of the first class. No park district shall be activated under
this chapter until it contains at least part of a county having a population of 350,000 people or
more according to the last federal decennial census preceding such activation or an entire county
contiguous to a county having such a population. No park district activated hereunder shall
contain a county now or hereafter containing a city of the first class which occupies more than
30 percent of the county by area.
History: 1955 c 806 s 1

398.02 BOARD OF PARK DISTRICT COMMISSIONERS.
Each park district shall be governed by a board of park district commissioners. The board for
single county park districts shall consist of seven commissioners. The board for multicounty park
districts shall be constituted as determined in accordance with sections 398.03 and 398.04.
History: 1955 c 806 s 2

398.03 COMMISSIONERS.
    Subdivision 1. First appointments. The first board of park district commissioners for each
single county district shall be appointed by the board of county commissioners of the county
in which the park district is located as follows: The board of county commissioners shall by
resolution divide the single county park district into four election districts which shall be similar
in shape and no one of which shall contain more than five percent more area than any other.
Following the adoption of such a resolution, the board of county commissioners shall appoint as
park district commissioners one resident of each of the election districts and three residents of the
park district at large, each for a term continuing until a successor is elected and qualifies. The
chair of the board of county commissioners may call the first meeting of the first board of park
district commissioners or they may meet and organize without such a call.
    Subd. 2. Joint resolution, election. Subject to the requirements set forth herein and in
sections 398.04 and 398.05 the number, qualifications, first meeting and terms of park district
commissioners for multicounty park districts and the method of their selection and replacement
shall be determined by joint resolution adopted separately by the several boards of county
commissioners for the counties in which the park district is located. Park commissioners in such
park districts shall be appointed in the first instance and when vacancies occur, but in all other
cases they shall be elected. Certified copies of the joint resolution adopted by the several boards
of county commissioners and of any amendments thereto shall be filed with the secretary of state
for the state of Minnesota and shall take effect upon such filing.
History: 1955 c 806 s 3; 1986 c 444

398.04 ELECTION OF COMMISSIONERS.
Except in the case of the first boards and when vacancies occur before the expiration of a
term, park district commissioners shall be elected without party designation at the same time
and in the same manner as county commissioners. In single county park districts the three
commissioners at large shall be elected by all the qualified voters in the park district while the
successors in office to the four commissioners representing the four election districts, whether
appointed, candidates for election or elected, must reside when appointed or elected and while
serving, in the election district which they represent and shall be elected by the qualified voters
residing in such district. Park district commissioners shall be elected for terms of four years or
until their respective successors are elected and qualify, except where a commissioner is being
elected to finish out an unexpired term when election shall be for the balance of such term.
Vacancies resulting from the death, resignation or removal of a commissioner shall be filled by
appointment by the board of county commissioners, such appointment to be effective only until
the first Monday in January following the next general election or until a successor has been
elected and qualifies for office. The four commissioners representing the election districts shall be
elected at the first primary and general elections after the activation of the district and each four
years thereafter and the commissioners elected at large shall be elected at the second primary
and general election after such activation and each four years thereafter. The terms of elected
commissioners shall commence on the first Monday in January following their election.
History: 1955 c 806 s 4

398.05 QUALIFICATIONS OF COMMISSIONERS.
No commissioner shall hold other public office other than notary public. Commissioners
must be citizens of the United States and they must reside within the park district at the time they
are appointed or file for office and while serving and within the appropriate election district if so
required by sections 398.03 and 398.04. All persons appointed or elected to the office of park
district commissioners shall before entering upon the discharge of their duties severally file
a written acceptance and oath of office in the Office of the Secretary of State for the state of
Minnesota. Commissioners shall serve without compensation but shall be allowed their actual
and necessary expenses incurred in the performance of their duties. No commissioner or any
person holding appointment under the corporation shall be interested directly or indirectly in any
contract entered into under the provisions of this chapter. No commissioner shall be subject to any
personal liability on account of any liability of the corporation.
History: 1955 c 806 s 5

398.06 BOARD; OFFICERS, POWERS, MEETINGS.
At the first meeting of the board and at the first meeting each calendar year, each board
shall elect from its membership a chair and a vice-chair who shall serve in such capacity for the
calendar year, and until their successors are elected and qualified. The chair shall preside at all
meetings; in the absence of the chair, the vice-chair shall preside. Meetings of the board shall be
held in accordance with chapter 13D. The board shall preserve order at their meetings, compel the
attendance of members, and punish nonattendance. The board shall have power to regulate their
own procedure and shall adopt from time to time written rules of procedure.
At its first meeting, the board shall adopt a temporary name for the park district and it
shall, at a meeting held within six months from its first meeting, adopt by a majority vote of all
commissioners an official name for the park district.
Regular meetings of the park district boards shall be held at least monthly at such times and
places as may be prescribed by their rules. Special meetings may be called by the chair, or by any
two members of a board, by writing filed with the secretary, who shall then mail a notice to all
board members of the time and place of such meeting at least two days before such meeting.
A majority of the commissioners shall constitute a quorum for the transaction of business,
although a smaller number may adjourn from time to time.
History: 1955 c 806 s 6; 1986 c 444; 2001 c 44 s 3

398.07 PRIMARY DUTIES.
Park district boards shall have as their primary duty not the establishment of parks and
playgrounds of a local or neighborhood type but rather the acquisition, development and
maintenance of large parks, wild life sanctuaries, forest and other reservations, and means for
public access to historic sites and to lakes, rivers, and streams and to other natural phenomena.
History: 1955 c 806 s 7

398.08 GENERAL POWERS.
Park districts shall have all the rights, powers, privileges, and immunities of a municipal
corporation at common law and they shall be subject to the duties of a municipal corporation at
common law. Except as otherwise limited in this chapter they shall have perpetual succession, may
sue and be sued, may use a corporate seal, may acquire by lease, purchase, gift, condemnation,
or otherwise such real and personal property as the purposes of the board may require and may
hold, manage, control, sell, convey, lease or otherwise dispose of such property or its interests
therein. The board shall have full authority to exercise all the powers of the district, to make
all necessary or desirable contracts, to procure public liability and other insurance protection
as may be necessary or desirable, to hire and employ help and assistance as its needs require,
to exercise the power of eminent domain, to enact ordinances, and to declare that the violation
thereof shall be a penal offense and to prescribe the penalties thereof, not to exceed a fine of $100,
or imprisonment in a statutory city or county jail for a period of not more than 90 days, or both,
and in either case the cost of prosecution may be added to the penalties imposed. The board shall
have full power and authority to acquire and establish parks and to operate, maintain, protect,
improve and preserve a park system and to conduct a recreational program in its parks.
History: 1955 c 806 s 8; 1973 c 123 art 5 s 7

398.09 SPECIFIC POWERS.
Park district boards in addition to the foregoing general powers shall have these specific
powers:
(a) The power to regulate by ordinance the use of the waters of any lake lying wholly
within a park established under this chapter and the use of any lake shore which is within a park
established under this chapter and the waterfront immediately abutting such lake shore for not
to exceed 300 feet therefrom, by all persons, including persons boating, swimming, fishing,
skating, or otherwise, in, upon, or about said lake, lake shore, and abutting waterfront, subject to
regulation by the state of Minnesota.
(b) The power to acquire lands either within or without the park district for conversion into
forest reserves and for the conservation of the natural resources of the state, including streams,
lakes, submerged lands and swamplands, and to these ends may create parks, parkways, forest
reservations and other reservations and afforest, develop, improve, protect and promote the use of
the same in such manner as is conducive to the general welfare. These lands may be acquired
by the board, on behalf of the district, by gift or devise, by purchase or by condemnation. In
furtherance of the use and enjoyment of the lands controlled by it, the board may accept donations
of money or other property, or may act as trustee of land, money or other property and use and
administer the same as stipulated by the donor, or as provided in the trust agreement. The terms
of each trust shall first be approved by the district court before acceptance by the board. If the
park district includes all or part of more than one court district, approval shall be by the district
court of the court district having the largest area within the park district. In case of condemnation
the proceedings are to be instituted in the name of the district and conducted in the manner
provided in chapter 117 and acts now in effect and hereafter adopted amendatory thereof and
supplemental thereto. Either the fee or any lesser interest may be acquired as the board deems
advisable. Nothing herein contained shall authorize the board to:
(1) acquire real estate by purchase or condemnation which is located within the boundaries
of an incorporated statutory city or city unless the governing body of such statutory city or city
shall have consented thereto by resolution duly adopted; or
(2) acquire real estate by condemnation which is located outside the park district unless the
board of county commissioners of the county in which such property is located has consented
thereto by resolution duly adopted.
(c) The power, if the board finds that any lands which it has acquired are not necessary for
the purposes for which acquired, to dispose of such lands upon such terms as are advisable,
including the power to transfer such lands to other public corporations. Where lands which were
acquired by condemnation less than 20 years before are to be sold to private parties, the former
owners, or their heirs, successors or assigns, shall be notified in writing of the board's intent to
dispose of the properties and shall be given 20 days to purchase the property taken from them at
such price as the board shall deem fair compensation to the district for such property. The board
may lease any of its lands or permit their use for purposes consistent with the purposes for which
the lands were acquired upon such terms as are advisable. No such lands shall be sold without the
approval of the district court of the county in which the lands are situated.
(d) The power to fix, alter, charge, and collect fees, tolls, and charges for the use of facilities
of the park district, for services rendered by, or for any commodities furnished by, or for licenses
issued by, the board pursuant to ordinances authorized hereunder. All fines collected for any
violation of a board's ordinance shall be paid into the treasury of such park district board.
(e) The power to borrow, make, and issue negotiable bonds, notes, and other evidences of
indebtedness, subject to the provisions of sections 398.16 and 398.17, and to pledge its full faith,
credit, and taxing power to the payment thereof, and/or to secure the payment of such obligations
or any part thereof by mortgage, lien, pledge, deed of trust otherwise, on all or any of its property,
contracts, franchises, or revenues and to make such agreements with the purchasers or holders
of such notes, bonds or other evidences of indebtedness or with others in connection with the
same, whether issued or to be issued.
(f) The power to cooperate with or borrow from any governmental organization, state or
federal, or from any agency of the state or federal government for any purpose within the scope
of the authority of this corporation.
(g) The power to cooperate with any public or municipal corporation, with the counties and
with any private or public organization engaged in conservation, recreational activities, protection
of the public health and safety, prevention of water pollution, sanitation, and/or mosquito
abatement for any constructive purpose, and the power, upon request, to assume control of all
or a portion of any existing parks or park lands owned by any county government or municipal
corporation in the park district; such control shall be assumed only at the request of and by
agreement with the public authority in control of such parks or park lands. Thereupon such
parks or park lands may be developed, improved, protected, and operated as a park as in case of
lands otherwise acquired by the board. Such acquisition or assumption of control or operation
of a municipal park system by a park district shall in no way impair the authority and power of
such municipality to levy and collect taxes for park, playground, and recreational purposes, all
or part of such tax funds to be transferred to the park district for such uses as may be agreed
upon between the district and the municipality.
(h) The power to designate employees as police officers within the parks under the
jurisdiction and control of the board, and employees so designated may exercise all the powers
of police officers within the park lands under the jurisdiction and control of the board. Before
exercising these powers, each such employee shall take an oath and give a bond to the state in
such sum as the board prescribes for the proper performance of the employee's duties in such
respect. The board may contract with municipalities or with the county or counties for the
policing of park properties.
(i) The power to enter into an agreement under section 471.59 with any political subdivision,
governmental unit, or agency, including an elected park and recreation board in a city of the first
class, to expend public money, including bond proceeds, in its possession for any metropolitan
regional park purposes, including transferring money in its possession as a grant to other political
subdivisions, governmental units, or agencies, including an elected park and recreation board
in a city of the first class.
History: 1955 c 806 s 9; 1957 c 160 s 1; 1973 c 123 art 5 s 7; 1984 c 654 art 2 s 127;
1986 c 444; 2001 c 44 s 4

398.10 PARK SUPERINTENDENT; EMPLOYEES.
The board shall, by secret ballot, elect a park superintendent to serve as the chief
administrative officer of the park district. Such election shall be for terms of not to exceed five
years and the superintendent shall serve at the pleasure of the board. No person shall be elected
superintendent unless the person has had at least ten years experience in business or in public
administration, at least five years of which shall have been in a responsible administrative
capacity and at least three years in the administration of parks or recreation. The salary of
the superintendent shall be set by the board. The superintendent or a designee shall serve as
secretary to the board. The secretary shall, promptly after selection, file with the board a bond
in the penal sum of $10,000, with good and sufficient sureties acceptable to the Board of Park
District Commissioners.
The board shall have power to appoint such officers, agents, and employees as it deems
necessary for the proper administration of the district. The officers, agents, and employees shall
perform such duties and receive such compensation as the board may determine and shall be
removable at the pleasure of the board.
History: 1955 c 806 s 10; 1986 c 444; 1991 c 326 s 22; 2004 c 251 s 21; 2005 c 82 s 10

398.11 INSTRUMENTS, EXECUTION.
Every contract, conveyance, license, or other written instrument shall be executed on behalf
of the board by the chair and secretary with the corporate seal affixed if the district has one,
and only pursuant to authority from the board.
History: 1955 c 806 s 11; 1986 c 444

398.12 ORDINANCES, RESOLUTIONS; ENACTMENT.
The board may, after public hearing held upon two weeks' published notice, enact such
ordinances as it may deem necessary or convenient to carry out the general and special powers
herein granted. It may also, without notice of hearing, adopt such resolutions as may be deemed
necessary or convenient to carry out such powers, except where action is herein directed to be
taken by ordinance. An ordinance or resolution shall be signed by the chair, attested by the
secretary, and published once in one legal newspaper published within the district. Proof of the
publication shall be attached to and be filed with the ordinance or resolution. Every ordinance
shall be recorded in an ordinance book within 20 days after its publication. All ordinances shall
be suitably entitled and shall be substantially in the style: "The Board of the Park District of
......... Ordains: ........"
History: 1955 c 806 s 12; 1986 c 444

398.13 ORDINANCES, ENFORCEMENT.
The board shall have authority to enforce its ordinances and to employ police officers and
attorneys for such purposes. Any police officer, sheriff, or other public enforcement official
having jurisdiction in the county, in which all or a part of a park district is located, shall have
authority to arrest persons violating ordinances of the board and to serve warrants upon persons
accused of violating an ordinance of the board, and to carry out the prosecution in any proper
tribunal under such ordinance. Nothing herein contained shall prevent the enforcement within a
park district of any ordinance or regulation of a municipality or county within such park district
which is not inconsistent with the ordinances of the board.
History: 1955 c 806 s 13; 2005 c 10 art 2 s 4

398.14 RECORDS, REPORTS.
The board shall keep accurate and permanent records of all its proceedings and shall compile
and publish reports and information relating to the park district and to the board's functions
and proceedings.
History: 1955 c 806 s 14

398.15 PUBLIC HIGHWAYS IN PARK DISTRICTS.
When a public highway extends into or through a park area, or when a public highway forms
all or part of a suitable connection between two or more park areas, and it is advisable to make
alterations in the route or width of the highway or to grade, drain, pave or otherwise improve the
highway, the board may enter into agreements with the public authorities in charge or control of so
much of the highway as lies within the park area or which forms the whole or a part of a connecting
link between two or more park areas, providing for the doing of such things, under the procedure
authorized by law in case of such public authorities, and for the payment by the board of so much
of the cost thereof as is agreed upon. This section does not affect the legal status of the highway.
History: 1955 c 806 s 15

398.16 TAX LEVY, BUDGET.
The park district board, as soon after organization as practicable and on or before the first
day of July of each year thereafter, shall prepare a detailed budget of its proposed expenditures
during the next fiscal year, other than those to be met by bond issues or by revenues described
in section 398.17 and section 398.09, paragraph (d), which budgets shall in no year exceed 18
cents per person in the district as determined by the last federal decennial census. But no such
assessment shall be made upon the people or property of a city of the first class.
As soon after organization as practicable, and on the first day of July each year thereafter, the
park district board shall certify to the governing body of each township, town or city included
in the district, the budget adopted pursuant to this section, together with a statement of the
proportion of the budget to be provided by such governmental subdivision. The budget shall be
apportioned among such subdivisions within the district in the same proportion as their respective
populations bear to the total population of the district, population figures to be based on the last
federal decennial census.
For the purpose of this section, the governing body of any city means that board, council,
commission, or officer authorized by law or charter to levy taxes for park and recreation purposes
and the governing body of each unorganized township means the county board. It shall be the
duty of each such governing body in the district to provide the funds necessary to meet its
proportionate share of such budget, such funds to be raised by tax levies or other means within the
authority of said governing bodies, and to pay the same over to the treasurer of the district in such
amounts and at such times as may fairly be required by the park district board.
Any such governing body is hereby authorized to levy annually upon all taxable property
within its boundaries a tax at the rate necessary to raise, at 98 percent collection, its proportionate
share of the park district's budget, which tax, except in the case of cities of the first class, may be
levied in excess of and over and above all charter tax limitations.
All money received from said levies shall be turned over by the county treasurer collecting
the same to the treasurer of the park district. All money received by the park district shall be used
to carry out the powers and duties imposed on the park district board by this chapter and shall not
be subject to review or reduction by other boards, commissions, or councils.
If the governing body of any subdivision fails before September 15 of any year to pay its
proportionate share of the park district budget for the next fiscal year or to certify to the county
auditor a tax levy specifically designated for said purpose, the park district board shall, on or
before September 15, certify to the county auditor of each county in which such governmental
subdivision is located such amount of taxes as is deemed necessary to raise such subdivision's
proportionate share of the budget, for collection with and as a part of other taxes on taxable
property within such subdivision, which tax, may be levied in excess of and over and above all
other tax limitations.
The park district board may, by resolution, submit to the electors of the park district at a
general or primary state election the question of raising the limit on the park district's budget from
18 cents to not to exceed 35 cents per person in the district. Any resolution providing for an
election on raising the budgetary limit shall specify the proposed additional amount per person in
the district to be authorized and the number of consecutive years such increase in the limit shall
be effective. The resolution shall be certified to the county auditor of each county wherein lies
any part of the territory of the district, and the county auditor or auditors shall cause the same to
be submitted to the electors residing within such territory at the next ensuing general or primary
election on a ballot setting forth the proposed additional amount per person and the number of
years such increase shall be effective as provided in the resolution, and shall forward the official
returns of the judges of election in the precincts voting on such ballot to the park district board
for canvass, and the increase shall be authorized if approved by a majority of the electors of
the district voting on such ballot.
The board may borrow money in anticipation of the collection of all taxes levied in its behalf
and issue the negotiable notes of the district in an amount not in excess of 90 percent of the
amount so levied which has not been received by the district at the time of the borrowing. Such
notes shall mature not later than March 1 of the year following the year in which the tax levies are
to be collected and shall be payable primarily from the proceeds of the levies anticipated thereby,
but the full faith and credit of the district shall be pledged to the payment of the notes, and if such
levies are not sufficient to pay all principal due and interest accrued thereon the park district board
shall levy for the repayment of the principal and interest on such notes an ad valorem tax in the
next ensuing year and for so long thereafter as may be necessary upon all of the taxable property
within its corporate limits, which levy may be made without limitation as to rate or amount.
History: 1955 c 806 s 16; 1957 c 160 s 2; 1973 c 123 art 5 s 7; 1994 c 416 art 1 s 43;
1994 c 505 art 3 s 7

398.17 BONDS.
The park district board may by resolution provide for the issuance of negotiable general
obligation bonds of the district in the manner specified in chapter 475, except as otherwise
provided in this section, but only for the purpose of financing the acquisition and betterment of
park properties and facilities or for refunding outstanding obligations of the district, and bonds
shall at no time be issued in an amount such as to cause the net debt of the district to exceed
five-tenths of one percent of the latest full and true valuation, as finally equalized in accordance
with section 274.13. "Net debt" for the purpose of this chapter is defined as in section 475.51
except that tax anticipation notes shall be excluded therefrom. No bonds shall be issued in an
amount which would cause the net debt to exceed one-tenth of one percent of such full and true
valuation without first obtaining the approval of a majority of the electors voting on the question
at an election called in the manner provided in section 398.16.
The ballot at any bond election shall state the maximum amount and purpose or purposes of
the proposed issue, and no issue shall be invalidated by reason of the inclusion in the ballot of
more than one purpose. Taxes for the payment of principal and interest on bonds, whether levied
before the issuance thereof or levied subsequently to restore deficiencies in the bond sinking fund,
shall not be subject to any limitation as to rate or amount and shall not be included in determining
the application of any statutory limitation to other tax levies.
History: 1955 c 806 s 17; 1957 c 160 s 3

398.18 DEPOSITORIES.
All funds under the control of the park district board are to be kept in depositories selected in
the manner provided for the deposit of county funds insofar as those proceedings are applicable.
Deposits are to be secured as provided in the case of county funds. The county treasurer shall
serve as the treasurer of the board and in multicounty districts, the county treasurer of the county
containing the largest portion of the district shall so serve. The treasurer shall receive and be
responsible for all moneys of the district, from whatever source derived, and the same shall be
considered public funds. The treasurer shall disburse the moneys of the district only on orders
made by the secretary, countersigned by the chair, vice-chair, or other person authorized by the
district showing the name of the claimant and the nature of the claim. No disbursements shall be
certified by such officers until the same have been approved by the commissioners at a meeting
thereof. The treasurer shall keep an account of all moneys received and disbursed, and at least
once a year, at times to be designated by the commissioners, file with the secretary a financial
statement of the district, showing in appropriate and identifiable groupings the receipts and
disbursements since the last approved statement, the moneys on hand and the purposes for which
the same are appropriated.
History: 1955 c 806 s 18; 1986 c 444

398.19 PLAN FOR DEVELOPMENT OF PARKS; RECORDING.
Within 18 months of the activation of a park district, the board for such park district shall
develop and approve a written plan for development of parks within the district. Certified copies
of such plan shall be recorded by the secretary of the board with the county recorders for the
counties having land within the district and with the department of parks of the state of Minnesota.
Such plans shall be revised and brought up to date at least every five years.
History: 1955 c 806 s 19; 1976 c 181 s 2; 2005 c 4 s 103

398.20 PARK DISTRICTS.
    Subdivision 1. Activation; boundaries. Boundaries of park districts as created by this
chapter shall be determined and park districts activated as follows:
Application for the creation of a park district shall be made to the county board or boards of
the county or counties within which the district is to be located. The application shall either be
signed by one percent of the electors residing within each county or portion thereof to be included
within the proposed district as determined by the number of electors voting at the last preceding
general election within such territory, or, in lieu thereof, shall be authorized by resolutions
adopted by a majority of the governing bodies of the cities within each county or portion thereof
to be included in the proposed district. The application shall contain an accurate description of
the territory to be included in the proposed district and when presented to the county board or
boards shall be accompanied by an accurate map or plat thereof. Where multicounty districts are
proposed applications for the various portions of the district shall be presented to the respective
county boards in which the portions of the district lie.
An application may consist of more than one counterpart, each setting forth the description
of the proposed territory of the district and containing the signatures of one or more electors and
having endorsed thereon or attached thereto the affidavit of the person obtaining such signatures
stating that to the best of the affiant's information or belief, they are genuine and are the signatures
of duly qualified electors residing within the proposed park district.
    Subd. 2. Notice, hearing. Upon the filing of the applications provided for in subdivision
1, each county board shall fix a time for the hearing of the application which shall be not less
than 20 nor more than 40 days after the date of such filing. Notice of such filing and the date of
hearing shall be published in a newspaper of general circulation within the proposed district. If
there is no newspaper of general circulation within the proposed district, then the notice shall be
posted in five of the most public places within the proposed district. The notice shall be published
or posted for not less than 15 days prior to the date fixed for the hearing. The hearing may be
adjourned from time to time. At a hearing on an application for the creation of a park district,
each county board shall consider and determine the sufficiency of the application and shall hear
all arguments for and against the creation of the district. Joint hearings may be held pursuant to
notice thereof where the activation of a multicounty district is applied for. If the county board
finds the application to be insufficient, additional signatures or resolutions may be obtained and
the application may be resubmitted to the board at any time within six months of the original filing
thereof. Signatures or resolutions may be withdrawn at any time prior to the final determination
by the board as to sufficiency of the application.
    Subd. 3. Conducive to general welfare. When the application has been determined to
be sufficient the board of county commissioners in single county districts, and each board of
county commissioners in multicounty districts, shall consider whether or not the designation
and activation of the district will be conducive to the general welfare. If a majority of the
board of county commissioners in single county districts or a majority of each board of county
commissioners in multicounty districts shall determine that it will be conducive to the general
welfare a resolution so stating shall be adopted designating and activating the district. Such
resolution shall not be adopted sooner than 90 days after the first hearing is held. The boards may
change but not expand the boundaries of proposed multicounty districts from those described
in the application at the time of the hearing, and may exclude all territory within any county if
the county board of that county disapproves the application. Park districts when finally activated
must include all of one county excluding cities of the first class therein, or parts of more than one
county, but the boundary lines of the district as finally ordered by the board or boards shall not
divide any existing town or municipal corporation and shall not include any territory situated in
any other park district activated pursuant to this chapter and shall not include any noncontiguous
areas unless such areas are located in a county containing a city of the first class.
    Subd. 4. Referendum. The county board on its own motion may, and if requested to do so
by petition of one percent of the electors in the proposed district residing within the county, as
determined in subdivision 1, shall submit to a referendum of the electors in the proposed district
residing within the county at the next general or primary election the following question which
shall be worded on the ballot in this way:
Shall a park district be activated encompassing the following territory: (here insert the
designation of each county to be included in the district in its entirety, or in its entirety except
for cities of the first class, and of each city or town to be included which is outside any such
county, and a legal description of any unorganized territory to be included which is outside
any such county)?
If a majority of the votes cast on this issue in single county districts are "yes" votes, the
referendum shall be declared carried and the park district shall be activated. In multicounty
districts a majority of the votes cast on this issue in each county where a referendum is held
must be "yes" votes for the referendum to carry. In all cases where referenda carry the county
boards shall have 60 days to appoint park district commissioners. If they fail to appoint such
commissioners within 60 days after the referendum, the governor shall make such appointments.
Referenda need be held in only those counties where a petition bearing the required number of
elector's signatures is filed or where the board of county commissioners orders a referendum.
Once a park district is activated, referenda may be held on its enlargement as herein
provided, but not on its activation.
History: 1955 c 806 s 20; 1957 c 160 s 4; 1973 c 123 art 5 s 7; 1986 c 444

398.21 ENLARGEMENT OF DISTRICTS.
When conducive to the general welfare any territory adjacent and contiguous to an existing
park district, whether located within any county in which the district was created or not, may be
annexed to the district under the following procedure: A petition shall be filed with the board of
park district commissioners requesting such annexation, containing an accurate description of
the territory proposed to be annexed, accompanied by an accurate map or plat of the territory,
and signed either by one percent of the electors residing within the territory or authorized by
resolutions of a majority of the councils of the cities within the area to be annexed. The board
shall determine whether the petition is sufficient and whether it is advisable that the annexation
be made. If the board determines in favor of the annexation, it makes application to the county
board of the county in which the territory is located, setting forth the fact of the filing of the
petition and the reasons why it is advisable that the territory be annexed to the district. The
board may on its own motion file such petition with the county board. Upon the filing of such
petition, like proceedings shall be had as are provided in section 398.20 upon application for the
creation of a park district. The territory annexed may not include any city of the first class, a part
only of an existing town or municipal corporation and shall not include any territory situated in
any other park district activated pursuant to this chapter unless the park district board of such
district consents to the transfer of such territory.
In the event of the annexation to a park district of territory located in a county other than the
county or counties in which the district was created, the county board of the county in which the
annexed territory is located shall exercise, with reference to the annexed territory, the powers
conferred upon county boards by section 398.20 and the auditor and the treasurer of the county in
which the annexed territory is located shall exercise, with reference to taxes levied and collected
by the board of park district commissioners upon the annexed territory, the powers conferred upon
auditors and treasurers by sections 398.16 to 398.19.
History: 1955 c 806 s 21; 1973 c 123 art 5 s 7

398.31 APPLICATION; EXERCISE OF POWERS.
Except as otherwise expressly provided or indicated by the context, sections 398.31 to
398.36 apply to all counties other than Hennepin and Ramsey, in which no park districts have
been activated as provided by this chapter, as amended, and the term "county" as used in said
sections means any such county. Except as otherwise expressly provided, all powers vested in a
county by sections 398.31 to 398.36 shall be exercised by the county board.
History: 1961 c 512 s 1; 1973 c 76 s 1

398.32 COUNTY PARKS.
    Subdivision 1. Acquisition, establishment, and maintenance. Any county may acquire by
purchase, lease, or gift or by condemnation as provided by law any land or water areas or interests
therein within or outside of the county which the county board deems suitable for use by the
residents of the county for public park purposes and related outdoor recreational purposes, may
establish and name the same as county parks or other units, and may hold, improve, maintain,
supervise, control, and operate the same for said purposes; provided, that no such area situated in
any other county as defined by section 398.31 or otherwise shall be acquired without the approval
by resolution of the county board thereof, and no such area situated within the limits of any city
shall be acquired without the approval by resolution of the governing body thereof.
    Subd. 2. Existing areas. Except as otherwise expressly provided, all areas heretofore or
hereafter acquired by any county under any other law for public park purposes, public access
to waters, or related outdoor recreational purposes shall be deemed to be county parks or other
units of the county park system and subject to the provisions of sections 398.31 to 398.36
so far as applicable.
    Subd. 3. Public use facilities, accommodations, and services; public or private operation.
The county board of any county having a county park or parks may provide for the construction,
installation, maintenance, and operation therein of suitable facilities, accommodations, and
services for public use for the purposes specified in subdivision 1, or may authorize private
persons or corporations to do so under leases or contracts upon such terms and conditions as
the board may prescribe in the public interest.
    Subd. 4. Surveys and plans. The county board of any county may provide for surveys to
determine the need for county parks and the location and suitability of areas available therefor, for
general plans for a county park system, and for plans for the improvement of any county park or
the construction or installation of facilities, accommodations, or services for public use therein.
    Subd. 5. Sale or disposal of surplus tracts. The county board of any county, after public
hearing upon notice given by the county auditor by publication for two successive weeks in the
official newspaper of the county, may, upon determining that any tract of land or water or interest
therein acquired under or subject to the provisions of sections 398.31 to 398.36 is no longer
needed for the purposes thereof, sell, lease, or otherwise dispose of such tract or interest upon
such terms as it deems best in the public interest, or may provide for the use thereof for other
purposes, so far as not inconsistent with any lawful restrictions on the use or disposal of such
tracts or interests therein.
    Subd. 6. Cooperation with other agencies. A county or any other governmental subdivision
or public agency of the state may be a party to a joint cooperative project, undertaking, or
enterprise with any one or more other counties as defined in section 398.31 or otherwise or other
governmental subdivisions or public agencies for any purpose under sections 398.31 to 398.36
upon such terms as may be agreed upon between the governing bodies or authorities concerned
not inconsistent with law. Without limiting the effect of the foregoing provision or any other
provision of sections 398.31 to 398.36, any such county or other governmental subdivision or
public agency, with respect to any of said purposes, may act under and be subject to the provisions
of section 471.59, as now in force or hereafter amended, or any other appropriate law now in force
or hereafter amended, or any other appropriate law now in force or hereafter enacted providing
for joint or cooperative action between governmental subdivisions or other public agencies.
History: 1961 c 512 s 2; 1973 c 123 art 5 s 7

398.33 FUNDS.
    Subdivision 1. Tax levy. For the purposes of sections 398.31 to 398.36, the county board of
any county may levy taxes on all the taxable property in the county.
    Subd. 2. Fees. For the purposes of sections 398.31 to 398.36, the county board of any county
may prescribe and provide for the collection of fees for the use of any county park or other unit of
the county park system or any facilities, accommodations, or services provided for public use
therein, such fees not to exceed that prescribed in state parks.
    Subd. 3. Contributions from other governmental subdivisions. Contributions of funds for
the purposes of sections 398.31 to 398.36 with respect to any county park or other unit of the
county park system may be made to the county to which the same belongs by any city, town, or
school district within or without the county or by any other county as defined in section 398.31
or otherwise to whose residents the park may be of substantial benefit for park or recreational
purposes. Such contributions may be made out of the general funds of the contributing
governmental subdivisions or out of funds raised or designated for park purposes or out of
funds raised expressly for the purpose of such contributions, and the governing bodies of such
subdivisions may levy taxes therefor, subject to any applicable limitations. The governing body
of a governmental subdivision making such a contribution may specify the particular purpose
for which the same is to be used within the general purposes aforesaid, and such contributions
shall be used only for the purposes so specified. Subject to such restrictions, if any, all such
contributions shall be paid into the county park fund of the county receiving the same and used
for the purposes herein authorized.
    Subd. 4. Gifts, grants, and loans. The county board of any county may, in the name and
behalf of the county, accept gifts, grants, or loans of money or other property from the United
States, the state, or any other source for any purpose under sections 398.31 to 398.36, may enter
into any agreement for repayment or otherwise required in connection therewith, and may hold,
use, and dispose of such money or property for said purposes in accordance with the terms of the
gift, grant, loan, or agreement relating thereto.
    Subd. 5. County park fund. All money received from any source specified in sections
398.31 to 398.36 shall be paid into the county treasury, placed in a special fund designated as
the county park fund, and used only for the purposes authorized in said sections, as appropriated
by the county board, subject to any lawful restrictions, conditions, or pledges applicable to such
money or any part thereof.
    Subd. 6. Bonds. To raise funds for the cost and expense of acquisition of areas for county
parks or other units of the county park system or for the improvement thereof, or to refund bonds
issued for said purposes, the county board of any county may issue the bonds of the county in
the manner and subject to the conditions prescribed by chapter 475, as heretofore or hereafter
amended, so far as applicable to counties, except as herein otherwise expressly provided, and may
levy all taxes necessary therefor. Such bonds and interest thereon and the expense of issuance
thereof may be paid out of the proceeds of tax levies or out of revenue from fees or other sources,
or both, and the county board may pledge any such proceeds or revenues thereto. Such bonds
may be issued in addition to all other bonds authorized by law. No limitation hereafter prescribed
by law shall apply to such bonds unless expressly so provided.
History: 1961 c 512 s 3; 1973 c 123 art 5 s 7; 1973 c 583 s 29,30

398.34 ORDINANCES.
    Subdivision 1. Enactment. The county board of any county may enact ordinances relating to
the county park system or to any county park or other unit subject to the provisions of sections
398.31 to 398.36 as hereinafter provided. Before acting on any such ordinance the county board
shall hold a public hearing upon the proposal therefor upon at least three weeks' notice given by
the county auditor by publication in the official newspaper of the county, stating briefly the
subject matter and the general purpose of the proposed ordinance. The proposed ordinance may
be amended by the county board before enactment in any manner not inconsistent with the terms
of the notice of hearing thereon. Every such ordinance, upon enactment, shall be signed by the
chair of the county board, attested by the county auditor, filed by the auditor, and published
in the official proceedings of the board. Thereupon the ordinance shall take effect, subject to
the further provisions of this section in the case of an ordinance affecting public waters. Every
ordinance shall be recorded by the county auditor in an ordinance book with a notation of the
date of publication. Such record or a certified copy thereof shall be prima facie evidence of
the contents of the ordinance and of compliance with all requirements of law relating to the
enactment and taking effect thereof.
    Subd. 2. Ordinances regulating protection and use of parks. By ordinance adopted as
hereinbefore provided the county board may prescribe regulations, not inconsistent with law, for
the protection and use of any county park or parks or other units subject to the provisions of
sections 398.31 to 398.36, including any waters lying within the boundaries of such a park or
unit, and, in the case of waters extending beyond such boundaries, including also any part of
such waters lying within 300 feet of that part of the shore thereof lying within such boundaries;
provided, that no provision of any such ordinance affecting public waters shall be valid except
with the approval of the commissioner of natural resources. In case any provision of a proposed
ordinance affects any public waters, notice of the hearing thereon with a copy of such provision
shall be mailed by the county auditor to the commissioner of natural resources at least three weeks
before the date of the hearing. Unless written approval of such provision by the commissioner
of natural resources is filed with the county auditor at or before the hearing, it shall be stricken
from the proposed ordinance, and, if incorporated therein, shall have no force or effect; provided,
that the invalidity of such a provision shall not affect the validity of any other provision of an
ordinance.
    Subd. 3. Violations; penalties; disposal of fines. Every ordinance relating to any matter
specified in subdivision 2 shall have the force and effect of law, and a violation of any provision
thereof shall be a misdemeanor. The provisions of such ordinances shall not supersede any
applicable provision of an ordinance of any city, but shall be supplementary thereto. All fines
collected for violations of ordinances enacted hereunder shall be deposited in the county park fund.
History: 1961 c 512 s 4; 1969 c 1129 art 10 s 2; 1971 c 23 s 35; 1973 c 123 art 5 s 7;
1986 c 444

398.35 PERSONNEL.
    Subdivision 1. Appointment. The county board of any county having or proposing to
establish a county park or parks may appoint a superintendent thereof and such other personnel
as may be necessary for the care, maintenance, and operation thereof or for other purposes
authorized by sections 398.31 to 398.36, subject to other provisions of law relating to county
employees so far as applicable.
    Subd. 2.[Repealed, 2005 c 10 art 2 s 5]
History: 1961 c 512 s 5

398.36 COUNTY PARK COMMISSION.
The county board of any county having or proposing to establish a county park or parks may
by ordinance enacted as provided by section 398.34 create a county park commission, with such
provisions for membership, terms of office, and other requirements as the county board may
prescribe, and may delegate to such commission, under such conditions as the county board may
prescribe, authority to exercise any of the powers conferred on the board by sections 398.32 to
398.35, except the power to acquire or sell land or water or interests therein, to levy taxes, to
appropriate money, or to enact ordinances. The commission may make recommendations to the
county board in the respect of any matter relating to county parks requiring action by the board.
The provisions of sections 398.31 to 398.36 shall not repeal or supersede any existing law
except so far as in direct conflict therewith, but shall be supplementary thereto.
History: 1961 c 512 s 6,7