2007 Minnesota Statutes

CHAPTER 86A. OUTDOOR RECREATION SYSTEM

86A.01 CITATION.
Laws 1975, chapter 353, may be cited as the Outdoor Recreation Act of 1975.
History: 1975 c 353 s 1

86A.02 POLICY.
    Subdivision 1. Opportunities available. The legislature finds that the unique natural,
cultural, and historical resources of Minnesota provide abundant opportunities for outdoor
recreation and education, and finds that these opportunities should be made available to all
citizens of Minnesota now and in the future.
    Subd. 2. Preservation; utilization. The legislature further finds that the preservation
and proper utilization of Minnesota's outdoor recreational resources is becoming increasingly
important to the health, welfare, and prosperity of the citizens of Minnesota due to the growing
demand for outdoor recreational facilities and the spread of development and urbanization in
the state.
    Subd. 3. Establishment of system. The legislature further finds that the outdoor recreational
needs of the people of Minnesota will be best served by the establishment of an outdoor
recreational system which will (1) preserve an accurate representation of Minnesota's natural and
historical heritage for public understanding and enjoyment and (2) provide an adequate supply
of scenic, accessible, and usable lands and waters to accommodate the outdoor recreational
needs of Minnesota's citizens.
    Subd. 4. Construction. Nothing in sections 86A.01 to 86A.11 shall be deemed or construed
to abolish, repeal or negate any of the ongoing programs, approved by law, or the authority or
activities of the commissioner of natural resources in improving, maintaining and developing
fishing, hunting, or other recreational activities conducted upon the public waters and lands of the
state or on private lands in cooperation with the owners thereof, except as the uses of the lands or
waters may be in express conflict with the provisions of sections 86A.01 to 86A.11.
    Subd. 5. Legislative determination. The legislature hereby determines that the establishment
of an outdoor recreation system will serve these needs and will thus serve a valid public purpose
for the people of this state.
History: 1975 c 353 s 2

86A.03 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of the outdoor recreation system, the terms defined in
this section shall have the meanings given them.
    Subd. 2. Managing agency. "Managing agency" means the organization or person which,
pursuant to section 86A.05, is given responsibility for the administration of a particular unit or
class of units of the outdoor recreation system.
    Subd. 3. Outdoor recreation. "Outdoor recreation" means any voluntary activity, including
hunting, fishing, trapping, boating, hiking, camping, and engaging in winter sports, which is
conducted primarily for the purposes of pleasure, rest, or relaxation and is dependent upon or
derives its principal benefit from natural surroundings; "outdoor recreation" shall also mean any
demonstration, structure, exhibit, or activity which is primarily intended to preserve, demonstrate,
or explain a significant aspect of the natural and cultural history, and archaeology of Minnesota.
    Subd. 4. Administration or administer. "Administration" or "administer" means the
process, or any part thereof, of the preparation, operation, and management of a unit, including
but not limited to the following:
(a) management of natural resources and visitors;
(b) construction and development of structures, service facilities, and programs for visitor
and administrative use;
(c) maintenance of natural resources and facilities;
(d) operations.
    Subd. 5. Landscape region. "Landscape region" means an identifiable geographic region
with generally homogeneous natural characteristics which exemplify the natural processes which
formed the geography, geology, topography and biology of the state.
    Subd. 6. Facility or facilities. "Facility" or "facilities" means any building, structure,
modification, or improvement made or built upon the land or waters of a unit.
History: 1975 c 353 s 3

86A.04 COMPOSITION OF SYSTEM.
The outdoor recreation system shall consist of all state parks; state recreation areas; state
trails established pursuant to sections 84.029, subdivision 2, 85.015, 85.0155, and 85.0156; state
scientific and natural areas; state wilderness areas; state forests; state wildlife management areas;
state water access sites, which include all lands and facilities established by the commissioner
of natural resources or the commissioner of transportation to provide public access to water;
state wild, scenic, and recreational rivers; state historic sites; state rest areas, which include all
facilities established by the commissioner of transportation for the safety, rest, comfort and
use of the highway traveler, and shall include all existing facilities designated as rest areas and
waysides by the commissioner of transportation; and any other units not listed in this section
that are classified under section 86A.05. Each individual state park, state recreation area, and
so forth is called a "unit."
History: 1975 c 353 s 4; 1976 c 166 s 7; 1993 c 172 s 38; 2000 c 495 s 6; 1Sp2003 c 13 s 4

86A.05 CLASSIFICATION AND PURPOSES.
    Subdivision 1. Classification. The outdoor recreation system shall be comprised of
units classified as follows, and each unit shall be authorized, established, and administered to
accomplish the purpose and objectives of its classification.
    Subd. 2. State park; purpose; resource and site qualifications; administration. (a) A
state park shall be established to protect and perpetuate extensive areas of the state possessing
those resources which illustrate and exemplify Minnesota's natural phenomena and to provide for
the use, enjoyment, and understanding of such resources without impairment for the enjoyment
and recreation of future generations.
(b) No unit shall be authorized as a state park unless its proposed location substantially
satisfies the following criteria:
(1) exemplifies the natural characteristics of the major landscape regions of the state, as
shown by accepted classifications, in an essentially unspoiled or restored condition or in a
condition that will permit restoration in the foreseeable future; or contains essentially unspoiled
natural resources of sufficient extent and importance to meaningfully contribute to the broad
illustration of the state's natural phenomena; and
(2) contains natural resources, sufficiently diverse and interesting to attract people from
throughout the state; and
(3) is sufficiently large to permit protection of the plant and animal life and other natural
resources which give the park its qualities and provide for a broad range of opportunities for
human enjoyment of these qualities.
(c) State parks shall be administered by the commissioner of natural resources in a manner
which is consistent with the purposes of this subdivision to preserve, perpetuate, and interpret
natural features that existed in the area of the park prior to settlement and other significant natural,
scenic, scientific, or historic features that are present. Management shall seek to maintain a
balance among the plant and animal life of the park and to reestablish desirable plants and animals
that were formerly indigenous to the park area but are now missing. Programs to interpret the
natural features of the park shall be provided. Outdoor recreation activities to utilize the natural
features of the park that can be accommodated without material disturbance of the natural features
of the park or the introduction of undue artificiality into the natural scene may be permitted. Park
use shall be primarily for aesthetic, cultural, and educational purposes, and shall not be designed
to accommodate all forms or unlimited volumes of recreational use. Physical development shall
be limited to those facilities necessary to complement the natural features and the values being
preserved.
    Subd. 3. State recreation area; purpose; resource and site qualifications; administration.
(a) A state recreation area shall be established to provide a broad selection of outdoor recreation
opportunities in a natural setting which may be used by large numbers of people.
(b) No unit shall be authorized as a state recreation area unless its proposed location
substantially satisfies the following criteria:
(1) contains natural or artificial resources which provide outstanding outdoor recreational
opportunities that will attract visitors from beyond the local area;
(2) contains resources which permit intensive recreational use by large numbers of people;
and
(3) may be located in areas which have serious deficiencies in public outdoor recreation
facilities, provided that state recreation areas should not be provided in lieu of municipal, county,
or regional facilities.
(c) State recreation areas shall be administered by the commissioner of natural resources in a
manner which is consistent with the purposes of this subdivision primarily to provide as broad
a selection of opportunities for outdoor recreation as is consistent with maintaining a pleasing
natural environment. Scenic, historic, scientific, scarce, or disappearing resources within state
recreation areas shall be recommended for authorization as historic sites or designated scientific
and natural areas pursuant to section 86A.08 to preserve and protect them. Physical development
shall enhance and promote the use and enjoyment of the natural recreational resources of the area.
    Subd. 4. State trail; purpose; resource and site qualifications; administration;
designation. (a) A state trail shall be established to provide a recreational travel route which
connects units of the outdoor recreation system or the national trail system, provides access to
or passage through other areas which have significant scenic, historic, scientific, or recreational
qualities or reestablishes or permits travel along an historically prominent travel route or which
provides commuter transportation.
(b) No unit shall be authorized as a state trail unless its proposed location substantially
satisfies the following criteria:
(1) permits travel in an appropriate manner along a route which provides at least one of the
following recreational opportunities:
(i) travel along a route which connects areas or points of natural, scientific, cultural, and
historic interest;
(ii) travel through an area which possesses outstanding scenic beauty;
(iii) travel over a route designed to enhance and utilize the unique qualities of a particular
manner of travel in harmony with the natural environment;
(iv) travel along a route which is historically significant as a route of migration, commerce,
or communication;
(v) travel between units of the state outdoor recreation system or the national trail system; and
(2) utilizes, to the greatest extent possible consistent with the purposes of this subdivision,
public lands, rights-of-way, and the like; and
(3) provides maximum potential for the appreciation, conservation, and enjoyment of
significant scenic, historical, natural, or cultural qualities of the areas through which the trail
may pass; and
(4) takes into consideration predicted public demand and future use.
(c) State trails shall be administered by the commissioners of transportation or natural
resources as specified by law in a manner which is consistent with the purposes of this
subdivision. State trails established by the commissioner of natural resources shall be managed to
provide a travel route through an area with a minimum disturbance of the natural environment and
recognizing other multiple land use activities. Trail markers shall be limited to those providing
safety information and interpretation.
(d) Facilities for the rest and comfort of trail users shall be provided primarily within units
of the outdoor recreation system through which the trail passes. When additional facilities are
required to insure the rest and comfort of the traveler, the managing agency may develop such
facilities along the trail and shall designate the facilities as trail waysides. In addition to the
foregoing purpose, trail waysides shall be developed for the preservation and interpretation of
the trail's natural, historic, or scenic values, and may include facilities for primitive camping,
picnicking, sanitation, and parking for access to the trail.
    Subd. 5. State scientific and natural areas; purpose; resource and site qualifications;
administration; designation. (a) A state scientific and natural area shall be established to protect
and perpetuate in an undisturbed natural state those natural features which possess exceptional
scientific or educational value.
(b) No unit shall be authorized as a scientific and natural area unless its proposed location
substantially satisfies the following criteria:
(1) embraces natural features of exceptional scientific and educational value, including but
not limited to any of the following:
(i) natural formations or features which significantly illustrate geological processes;
(ii) significant fossil evidence of the development of life on earth;
(iii) an undisturbed plant community maintaining itself under prevailing natural conditions
typical of Minnesota;
(iv) an ecological community significantly illustrating the process of succession and
restoration to natural condition following disruptive change;
(v) a habitat supporting a vanishing, rare, endangered, or restricted species of plant or animal;
(vi) a relict flora or fauna persisting from an earlier period; or
(vii) a seasonal haven for concentrations of birds and animals, or a vantage point for
observing concentrated populations, such as a constricted migration route; and
(2) embraces an area large enough to permit effective research or educational functions and
to preserve the inherent natural values of the area.
(c) State scientific and natural areas shall be administered by the commissioner of natural
resources, in consultation with qualified persons, in a manner which is consistent with the
purposes of this subdivision to preserve, perpetuate and protect from unnatural influences the
scientific and educational resources within them. Interpretive studies may be provided for the
general public. Physical development shall be limited to the facilities absolutely necessary for
protection, research, and educational projects, and, where appropriate, for interpretive services.
(d) An area designated as a state scientific and natural area shall not be altered in designation
or use without holding a public hearing on the matter at a time and place designated in the notice
of the hearing, which shall be published once in a legal newspaper in each county in which the
lands are situated at least seven days in advance of the hearing. At the hearing the commissioner
shall provide an opportunity for any person to be heard. The commissioner may designate
these areas by written order published in the State Register. Designations are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.
(e) At the discretion of the managing agency, each scientific and natural area shall be
designated as one of the following types:
(i) Research unit. Use is limited to programs conducted by qualified scientists and college
graduate and postgraduate students.
(ii) Educational unit. Permitted uses include all activities specified in paragraph (i) above
and primary, secondary, and college undergraduate programs.
(iii) Public use unit. Permitted uses include all uses permitted in paragraphs (i) and (ii) above
and interpretive programs for the benefit of the general public.
    Subd. 6. State wilderness area; purpose; resource and site qualifications; administration.
(a) A state wilderness area shall be established to preserve, in a natural wild and undeveloped
condition, areas which offer outstanding opportunities for solitude and primitive types of outdoor
recreation.
(b) No unit shall be authorized as a state wilderness area unless its proposed location
substantially satisfies the following criteria: appears to have been primarily affected by the forces
of nature, with the evidence of humanity being substantially unnoticeable or where the evidence
of humanity may be eliminated by restoration.
(c) State wilderness areas shall be administered by the commissioner of natural resources in
a manner which is consistent with the purposes of this subdivision, and shall be managed only
to the extent necessary to control fire, insects, and disease, and to preserve existing wilderness
or reestablish wilderness conditions. There shall be no development of public roads, permanent
dwellings, or recreational facilities except trails for nonmotorized traffic. Motorized traffic shall
not be allowed. No commercial utilization of timber or minerals shall be allowed. Facilities
existing at the time of establishment shall be removed.
    Subd. 7. State forests and state forest subareas; purpose; resource and site
qualifications; administration. (a) A state forest, as established by section 89.021, shall be
administered to accomplish the purposes set forth in that section, and a state forest subarea shall
be established to permit development and management of specialized outdoor recreation at
locations and in a manner consistent with the primary purpose of the forest.
(b) No unit shall be authorized as a state forest subarea unless it is located within a state
forest and contains suitable natural resources to accommodate any of the following uses:
(1) Day use areas. Areas which permit recreational use of the forest in its natural state, not
requiring an overnight stay, including but not limited to picnicking, fishing, swimming, boat
launching, hiking, interpretation, and nature observation.
(2) Campground. Provide minimum facilities to accommodate overnight camping.
(c) Outdoor recreation subareas located within state forests shall be administered by the
commissioner of natural resources in a manner which is consistent with the purposes of this
subdivision.
    Subd. 8. State wildlife management area; purpose; resource and site qualifications;
administration. (a) A state wildlife management area shall be established to protect those lands
and waters which have a high potential for wildlife production and to develop and manage these
lands and waters for the production of wildlife, for public hunting, fishing, and trapping, and for
other compatible outdoor recreational uses.
(b) No unit shall be authorized as a state wildlife management area unless its proposed
location substantially satisfies the following criteria:
(1) includes appropriate wildlife lands and habitat, including but not limited to marsh or
wetlands and the margins thereof, ponds, lakes, stream bottomlands, and uplands, which permit
the propagation and management of a substantial population of the desired wildlife species; and
(2) includes an area large enough to ensure adequate wildlife management and regulation
of the permitted recreational uses.
(c) State wildlife management areas shall be administered by the commissioner of natural
resources in a manner which is consistent with the purposes of this subdivision to perpetuate, and
if necessary, reestablish quality wildlife habitat for maximum production of a variety of wildlife
species. Public hunting, fishing, trapping, and other uses shall be consistent with the limitations of
the resource, including the need to preserve an adequate brood stock and prevent long term habitat
injury or excessive wildlife population reduction or increase. Physical development may provide
access to the area, but shall be so developed as to minimize intrusion on the natural environment.
    Subd. 9. State water access site; purpose; resource and site qualifications;
administration. (a) A state water access site shall be established to provide public access to
rivers and lakes which are suitable for outdoor water recreation and where the access is necessary
to permit public use.
(b) No unit shall be authorized as a state water access site unless its proposed location
substantially satisfies the following criteria:
(1) the body of water to which access is being provided and surrounding lands can withstand
additional recreational use without undue damage to the environment or undue risks to the health
and safety of water users;
(2) public access to the body of water is either nonexistent or inadequate.
(c) State water access sites shall be administered by the commissioner of natural resources
or the commissioner of transportation in a manner which is consistent with the purposes of
this subdivision to provide public access to water. Access roads, off-road parking areas, refuse
containers, sanitary facilities, and facilities for limited picnicking and primitive camping may be
provided when the commissioner determines that these activities are justifiable and are compatible
with the resource and the natural environment.
    Subd. 10. State wild, scenic, and recreational rivers; purpose; resource and site
qualifications; administration; designation. (a) State wild, scenic, and recreational rivers
shall be established to protect and maintain the natural characteristics of all or a portion of a
river or stream, or its tributaries, or lake through which the river or stream flows which together
with adjacent lands possesses outstanding scenic, scientific, historical, or recreational value, as
provided by sections 103F.301 to 103F.345.
(b) State wild, scenic, and recreational rivers shall be administered by the commissioner
of natural resources in a manner which is consistent with the purposes of this subdivision and
sections 103F.301 to 103F.345.
    Subd. 11. State historic sites; purpose; resource and site qualifications; administration;
designation. (a) A state historic site shall be established to preserve, restore, and interpret
buildings and other structures, locales, sites, antiquities, and related lands which aptly illustrate
significant events, personalities, and features of the history and archaeology of the state or nation.
(b) No unit shall be authorized as a state historic site unless it is historically important for
any of the following reasons:
(1) is the site of or directly associated with a significant historical event; or
(2) is associated with persons whose lives and accomplishments are historically unique
or important; or
(3) embodies the distinctive characteristics of an architectural style or method of construction
which represents a particular and significant historical period, or the work of a master builder,
designer, or architect; or
(4) has yielded, or is likely to yield, historical or archaeological artifacts, records, or other
original data or information; or
(5) is a geographical feature of outstanding significance and includes, by way of example,
the highest point in the state, the continental divide, and the source of the Mississippi River.
(c) State historic sites shall be administered by the commissioner of natural resources, the
Minnesota Historical Society, the Board of Regents of the University of Minnesota, governmental
subdivisions of the state, or by county historical societies jointly or independently as designated
by law in a manner which is consistent with the purposes of this subdivision to maintain
and, if necessary, restore the historical integrity of the site to commemorate or illustrate its
historical importance. Ancient features of significance shall be protected from disturbance until
archaeological research has been completed. Interpretive programs for visitors shall be provided
including, where practicable, interpretation of research programs under supervised conditions.
Recreational use of natural features shall be permitted only where this can be accomplished
without detriment to historical values. Physical development shall be limited to those facilities
necessary to achieve the management and use objectives.
    Subd. 12. State rest area; purpose; resource and site qualifications; administration.
(a) A state rest area shall be established to promote a safe, pleasurable, and informative travel
experience along Minnesota highways by providing areas and facilities at reasonable intervals for
information, emergencies, or the rest and comfort of travelers.
(b) No unit shall be authorized as a state rest area unless its proposed location substantially
satisfies the following criteria:
(1) is adjacent to or in near proximity to a trunk or interstate highway;
(2) is developed at appropriate intervals based on the type of road system, traffic and traffic
projections and known or projected usage of the proposed development;
(3) may be near or associated with a place or area of natural, scientific, cultural, or historic
interest.
(c) Rest areas shall be administered by the commissioner of transportation in cooperation
with other agencies as appropriate in a manner which is consistent with the purposes of this
subdivision. State rest areas may be managed to provide parking, resting, restroom, picnicking,
orientation, travel information, and other facilities for the convenience of the traveling public.
Where located in conjunction with features of interest, state rest areas shall provide interpretive
exhibits or other facilities if appropriate to promote understanding and enjoyment of the features.
    Subd. 13. Additional parks; administration. All other state parks which, though not
meeting the resource and site qualifications contained in subdivisions 2 and 3, were in existence
on January 1, 1984, shall be administered by the commissioner of natural resources as units of the
outdoor recreation system.
    Subd. 14. Aquatic management areas. (a) Aquatic management areas may be established
to protect, develop, and manage lakes, rivers, streams, and adjacent wetlands and lands that are
critical for fish and other aquatic life, for water quality, and for their intrinsic biological value,
public fishing, or other compatible outdoor recreational uses.
(b) Aquatic management areas may be established to protect wetland areas under ten acres
that are donated to the Department of Natural Resources.
(c) No unit may be authorized unless it meets one or more of the following criteria:
(1) provides angler or management access;
(2) protects fish spawning, rearing, or other unique habitat;
(3) protects aquatic wildlife feeding and nesting areas;
(4) protects critical shoreline habitat; or
(5) provides a site for research on natural history.
(d) Aquatic management areas must be administered by the commissioner of natural
resources in a manner consistent with the purposes of this subdivision to perpetuate and, if
necessary, reestablish high quality aquatic habitat for production of fish, wildlife, and other
aquatic species. Public fishing and other uses shall be consistent with the limitations of the
resource, including the need to preserve adequate populations and prevent long-term habitat
injury or excessive fish population reduction or increase. Public access to aquatic management
areas may be closed during certain time periods.
(e) State-owned lands or waters, or any state-owned interests in lands or waters, acquired
before August 1, 2000, that meet the criteria of this subdivision and that have been administered
by the commissioner of natural resources as fish management areas or other areas of fishery
interest are authorized as units of the outdoor recreation system upon designation by the
commissioner of natural resources as aquatic management areas.
History: 1975 c 353 s 5; 1976 c 166 s 7; 1984 c 599 s 5; 1986 c 444; 1990 c 391 art 8 s
17; 1992 c 462 s 3; 1992 c 566 s 16; 1993 c 172 s 39,40; 1993 c 285 s 5; 2004 c 221 s 22;
2004 c 262 art 2 s 4

86A.06 RULES.
Each managing agency shall promulgate rules relating to the units of the outdoor recreation
system within its jurisdiction, which shall provide for administration of the units in the manner
specified in section 86A.05 and the laws relating to each type of unit.
History: 1975 c 353 s 6; 1981 c 356 s 105; 1983 c 289 s 115 subd 1; 1986 c 386 art 4 s 18;
1987 c 312 art 1 s 26 subd 2; 1991 c 259 s 9; 1993 c 163 art 1 s 4

86A.07 AUTHORIZATION AND ACQUISITION OF UNITS.
    Subdivision 1. Legislative authorization. A unit of the outdoor recreation system shall be
deemed to be authorized upon the enactment of a law (1) describing the land, water, or facility
which shall comprise the unit; (2) designating the unit's classification pursuant to section 86A.05;
(3) directing and authorizing acquisition of the unit thus described; and (4) specifying the methods
of acquisition and the types of interests in land that may be acquired.
    Subd. 2. Acquisition. Upon authorization of a unit pursuant to subdivision 1, the managing
agency shall as soon as possible acquire the lands, waters, or facilities as authorized.
    Subd. 3. Authorization by designation. In any instance where a managing agency, or the
commissioner of administration on behalf of the managing agency, is specifically empowered by
law to acquire lands or waters or any interest in lands or waters for the purpose of establishing
units of the outdoor recreation system a unit may be authorized upon (1) the acquisition of land
and waters pursuant to the lawful exercise of the power to acquire and (2) the designation by the
managing agency of the land and waters as a classified unit of the outdoor recreation system by
written order published in the State Register. Designations are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
History: 1975 c 353 s 7; 2004 c 221 s 23

86A.08 AUTHORIZATION OF SECONDARY UNITS.
    Subdivision 1. Secondary authorization; when permitted. A unit of the outdoor recreation
system may be authorized wholly or partially within the boundaries of another unit only when
the authorization is consistent with the purposes and objectives of the respective units and only
in the instances permitted below:
(a) The following units may be authorized wholly or partially within a state park: historic
site, scientific and natural area, wilderness area, wild, scenic, and recreational river, trail, rest
area, and water access site.
(b) The following units may be authorized wholly or partially within a state recreation
area: historic site, scientific and natural area, wild, scenic, and recreational river, trail, rest area,
and water access site.
(c) The following units may be authorized wholly or partially within a state forest: state
park, state recreation area, historic site, wildlife management area, scientific and natural area,
wilderness area, wild, scenic, and recreational river, trail, rest area, and water access site.
(d) The following units may be authorized wholly or partially within a state historic site:
wild, scenic, and recreational river, trail, rest area, and water access site.
(e) The following units may be authorized wholly or partially within a state wildlife
management area: state water access site.
(f) The following units may be authorized wholly or partially within a state wild, scenic, or
recreational river: state park, historic site, scientific and natural area, wilderness area, trail, rest
area, and water access site.
(g) The following units may be authorized wholly or partially within a state rest area: historic
site, trail, wild, scenic, and recreational river, and water access site.
    Subd. 2. Administration of secondary units. A unit shall be administered by the managing
agency to which it is assigned by section 86A.05 even when located wholly or partially within
another unit administered by a different managing agency, unless otherwise specifically provided
by law or by agreement between the agencies involved.
History: 1975 c 353 s 8; 1993 c 172 s 41

86A.09 DEVELOPMENT AND ESTABLISHMENT OF UNITS.
    Subdivision 1. Master plan required. No construction of new facilities or other
development of an authorized unit, other than repairs and maintenance, shall commence until the
managing agency has prepared and submitted to the commissioner of natural resources and the
commissioner has reviewed, pursuant to this section, a master plan for administration of the unit
in conformity with this section. No master plan is required for wildlife management areas that do
not have resident managers, for water access sites, for aquatic management areas, or for rest areas.
    Subd. 2. Master plan; preparation and content. The managing agency shall supervise
preparation of the master plan and shall utilize the professional staffs of any agency of the state
when the expertise of the staff of such agency is necessary to adequately prepare the master
plan; the master plan shall present the information in a format and detail that is appropriate
to the size and complexity of the authorized unit. When the master plan has been completed
the managing agency shall announce to the public in a manner reasonably designed to inform
interested persons that the master plan is available for public review and in the case of any major
unit shall hold at least one public hearing on the plan in the vicinity of the unit. The managing
agency shall make the master plan available for review and comment by the public and other state
agencies for at least 30 days following the announcement and before submitting the master plan to
the commissioner of natural resources. Copies of the plan shall be provided to members of the
Outdoor Recreation Advisory Council and to any other person on request.
    Subd. 3. Master plan; review and approval. All master plans required by this section shall
be submitted to the commissioner of natural resources for review pursuant to this subdivision.
The commissioner of natural resources shall review the master plan to determine whether the
plan: (a) provides for administration of the unit in a manner that is consistent with the purposes
for which the unit was authorized and with the principals governing the administration of the unit,
as specified in section 86A.05 and the statutes relating to each type of unit; (b) recognizes values
and resources within the unit that are primarily the responsibility of another managing agency to
protect or develop, and provides for their protection or development either through a cooperative
agreement with the other managing agency or through designation of the appropriate area as a
secondary unit. In reviewing any master plan, the commissioner of natural resources shall consult
with other state agencies. Within 60 days after receiving the master plan, the commissioner of
natural resources shall notify the managing agency that the plan has been reviewed and forward
its recommendations for any changes it might suggest. The managing agency shall review the
recommendations and notify the commissioner of natural resources of the disposition made of
them. Failure to comment on a master plan within the time specified shall be considered approval
of the plan by the commissioner of natural resources. If the commissioner of natural resources
feels that the master plan still fails significantly to comply with this subdivision, the commissioner
may request review of the master plan by the governor. In that event review shall not be deemed
completed until after the master plan has been approved by the governor or 60 days have elapsed
without action by the governor to approve or reject the plan, whichever occurs first.
    Subd. 4. Development. Construction of necessary facilities and other development of the
unit shall commence as soon as practicable after review of the master plan by the commissioner
of natural resources, and the governor if requested, and shall be carried out in conformity with
the master plan.
    Subd. 5. Establishment. When, in the opinion of the managing agency, acquisition and
development of the unit are sufficiently complete to permit operation and administration of the
unit in substantial conformity with the master plan as approved, the managing agency shall
declare the unit established and ready for use.
History: 1975 c 353 s 9; 1981 c 356 s 106-109; 1983 c 289 s 115 subd 1; 1986 c 444; 1987 c
312 art 1 s 26 subd 2; 1992 c 566 s 17; 1993 c 163 art 1 s 5-8

86A.10    Subdivision 1.[Repealed, 1993 c 163 art 1 s 35; 1993 c 337 s 20]
    Subd. 2.[Repealed, 1983 c 260 s 68; 1993 c 163 art 1 s 35]
    Subd. 3.[Repealed, 1976 c 149 s 63; 1993 c 163 art 1 s 35]
    Subd. 4.[Repealed, 1976 c 149 s 63; 1993 c 163 art 1 s 35]
    Subd. 5.[Repealed, 1976 c 149 s 63; 1993 c 163 art 1 s 35]

86A.11 REGISTRY OF UNITS.
The commissioner of natural resources shall compile and maintain a current registry of
the name, location, size, and description of all units of the outdoor recreation system under
the commissioner's jurisdiction and under the jurisdiction of the Minnesota Historical Society
and the commissioner of transportation. The commissioner of natural resources shall publish
and distribute the information contained in the registry in a form and manner suitable to assist
persons wishing to use these units. The Minnesota Historical Society and the commissioner of
transportation shall cooperate with and assist the commissioner of natural resources in preparing
and distributing the registry.
History: 1975 c 353 s 11; 1976 c 166 s 7; 1986 c 444

86A.12 NATURAL RESOURCES CAPITAL IMPROVEMENT PROGRAM.
    Subdivision 1. Establishment. A natural resources capital improvement program is
established to prioritize among eligible public projects to be funded from state bond proceeds
appropriated to the commissioner and distinctly specified for the purposes of the program
established in this section and in accordance with the standards and criteria set forth in this section.
    Subd. 2. Purposes. The purpose of the natural resources capital improvement program is
to improve the management and conservation of the natural resources of the state, including
recreational, scientific and natural areas, and wild game and fish, through the acquisition and
betterment of public lands, buildings, and improvements of a capital nature.
    Subd. 3. Program standards. Article XI, section 5, clause (a), of the Constitution provides
that state general obligation bonds may be issued to finance the acquisition or betterment,
including preservation, of public land, buildings, and improvements of a capital nature and to
provide money to be appropriated or loaned to any agency or political subdivision of the state for
those purposes. Article XI, section 5, clause (f), of the Constitution further provides that state
general obligation bonds may be issued to finance the promotion of forestation and prevention and
abatement of forest fires, including the compulsory clearing and improving of public and private
wild lands. In interpreting these provisions and applying them to the purpose of the program
established in this section, the following standards are adopted for determining the priority among
eligible natural resources projects to be funded under the program:
(a) A project will be an expenditure eligible under this program only when it is a capital
expenditure on a capital asset owned or to be owned by the state or a political subdivision of the
state within the meaning of accepted accounting principles as applied to public expenditures.
The legislature assumes that some provisions for the management and conservation of the
natural resources of the state constituting acquisition or betterment of land, buildings, or
capital improvements within the meaning of the Constitution will be sensitive to timing and
circumstances and require discretion of the commissioner based on currently available facts
and circumstances, particularly projects related to the mitigation of natural disasters and the
acquisition of lands as they become available, and so these projects will be financed more
efficiently and economically under the program than by separate appropriations for each project.
(b) The commissioner will review potential eligible projects, will make initial allocations
among types of eligible projects within each category enumerated in the act making an
appropriation for the program, will determine priorities within each category, and will allocate
money as specified in the appropriation act and in priority order within each category until the
available appropriation for the category has been committed.
    Subd. 4. Criteria for priorities. (a) The following criteria must be considered:
(1) expansion of the natural resources of the state for the enjoyment and use of the public;
(2) urgency in providing for the conservation of the natural resources of the state, including
protection of threatened and endangered species and waters;
(3) necessity in ensuring the safety of the public; and
(4) additional criteria for priorities otherwise specified in state law, statute, rule, or regulation
applicable to a category listed in the act making an appropriation for the program.
(b) Criteria can be stated only in general terms, since it is a purpose of the program to
improve the allocation of limited amounts of available funds by enlisting the knowledge and
experience of the Department of Natural Resources in determining relative needs as they develop.
(c) The criteria in paragraph (a) are not listed in a rank order of priority.
(d) Economy is also to be determined and may even reinforce a decision based on other
criteria, if the project would forestall a larger future capital expenditure or would reduce operating
expense.
(e) Absolute cost must also be considered. It may be too high to warrant funding except by
an additional appropriation, or so high as to warrant a recommendation to abandon the project. It
may be so low as to permit payment out of the department's operating budget.
    Subd. 5. Report. By January 15 of each year, the commissioner of natural resources shall
submit to the commissioner of finance, the chairs of the legislative committees or divisions that
currently oversee the appropriations to the Department of Natural Resources, and to the chairs of
the senate and the house of representatives Capital Investment Committees, a list of the projects
that have been funded with money under this program during the preceding calendar year, as well
as a list of those priority projects for which state bond proceeds fund appropriations will be
sought under this program during that year's legislative session.
History: 2006 c 258 s 33

LAKE SUPERIOR SAFE HARBORS PROGRAM

86A.20 DEFINITIONS.
    Subdivision 1. Applicability. For the purposes of sections 86A.20 to 86A.24, the terms
defined in this section have the meanings given them.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of natural resources.
    Subd. 3. Mooring facility. "Mooring facility" means one or more anchorage or boat slips
provided for the safe and convenient docking of boats, which may also provide utility, fuel, or
sewage pump-out services to the docked boats.
    Subd. 4. Small craft harbor. "Small craft harbor" means a protected harbor with boat
tie-ups consisting of piers or moorings, boat launches, and support facilities such as roads and
parking areas.
    Subd. 5. Marina. "Marina" means a mooring facility providing additional services to boats,
such as repairs, haul-out, winter storage, food and beverage service, and services and facilities of
a related nature.
History: 1993 c 333 s 2

86A.21 POWERS AND DUTIES OF COMMISSIONER.
(a) The commissioner may:
(1) acquire, construct, and maintain small craft harbors, channels, and facilities for
recreational watercraft in the navigable waters lying within the locations identified in Laws
1993, chapter 333, section 1;
(2) acquire by purchase, lease, gift, or condemnation the lands, rights-of-way, easements,
and other interests necessary for small craft harbors, channels, mooring facilities, marinas,
launching ramps, and facilities normally used to support harbors of refuge, channels, docks,
and launching ramps;
(3) provide the public within the boundaries of small craft harbors, through leases of public
property, with mooring facilities and marinas developed and operated by public or nonpublic
entities at no cost to the state or its political subdivisions;
(4) charge fees for both seasonal and daily moorage at state-operated or state-assisted small
craft harbors and mooring facilities;
(5) collect the proceeds from the sale of marine fuel at small craft harbors or mooring
facilities operated by the state.
(b) Fees and proceeds collected under paragraph (a) must be credited to the water recreation
account. The sale prices of marine fuel and petroleum supplies and fees under paragraph (a) are
not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. The
commissioner may establish the fees under paragraph (a) notwithstanding section 16A.1283. The
fees and proceeds are appropriated to the commissioner of natural resources and must be used for
purposes relating to mooring facilities and small craft harbors, including:
(1) operation and maintenance;
(2) purchase of marine fuel and other petroleum supplies;
(3) replacement or expansion; or
(4) debt service on funds provided through the sale of state bonds.
(c) Fees collected at small craft harbors and boating facilities constructed or operated by
local units of government with financial assistance from the state shall, after payment of the costs
of operating and maintaining the facilities, be used for purposes relating to mooring facilities
and small craft harbors, including:
(1) operation and maintenance;
(2) replacement or expansion; or
(3) debt service on funds provided through the sale of state bonds.
History: 1993 c 333 s 3; 1Sp2001 c 2 s 89; 2004 c 221 s 24

86A.22 AUTHORITY OF LOCAL UNITS OF GOVERNMENT.
Counties, towns, and home rule charter and statutory cities of this state abutting on Lake
Superior or inland waterways connected with Lake Superior for navigation and shelter of
recreational watercraft are authorized by majority vote of their respective governing bodies
to enter into contracts and agreements with the commissioner to accomplish the purposes of
sections 86A.20 to 86A.24.
History: 1993 c 333 s 4

86A.23 OPEN FACILITIES; LIABILITY EXEMPTION.
Facilities in harbors and connecting waterways established under sections 86A.20 to 86A.24
shall be public and open to all users on equal and reasonable terms. Users shall have no cause of
action against owners of land adjacent to small craft harbors and mooring facilities for damage as
a result of noise and dust generated by facilities of iron-producing industries.
History: 1993 c 333 s 5; 1997 c 216 s 69

86A.24 FINANCING OF HARBORS AND FACILITIES.
The commissioner may take actions necessary to:
(1) provide the finances required of nonfederal sponsors as a condition for United States
participation in any project in which the commissioner is empowered to participate;
(2) enter into agreements with the United States Army Corps of Engineers to provide the
funds and other items of local cooperation required as a condition precedent to the construction of
a harbor, mooring facility, or marina project; and
(3) enter into agreements with political subdivisions of this state regarding participation with
the United States in any project within the commissioner's authority, and to make adjustments
which in the judgment of the commissioner are in the best interest of the state.
History: 1993 c 333 s 6