CHAPTER 89. STATE FORESTS; TREE PLANTING; FOREST ROADS
Table of Sections
|89.01||COMMISSIONER, POWERS AND DUTIES.|
|89.011||FOREST PLANNING COORDINATION.|
|89.012||UNIT FOREST RESOURCE PLANS.|
|89.013||Repealed, 1996 c 310 s 1
|89.014||Repealed, 1996 c 310 s 1
|89.015||SOUTHERN MINNESOTA TREE SPECIES, RESEARCH.|
HERITAGE FOREST AREAS
|89.0211||SALE OF STATE FOREST LANDS ADJACENT TO PLATTED AREAS.|
|89.022||DISPOSAL OF TILLABLE LAND IN MEMORIAL HARDWOOD FOREST.|
|89.025||DORER MEMORIAL HARDWOOD FOREST; LAND USE RESTRICTED.|
|89.03||ADVANCEMENT OF EDUCATION.|
|89.031||MANAGEMENT AND CONTROL.|
|89.032||ACQUISITION OF LAND.|
|89.034||TAX-FORFEITED LANDS, INCLUSION IN STATE FORESTS.|
|89.035||INCOME FROM STATE FOREST LANDS; DISPOSITION.|
|89.036||Repealed, 1992 c 513 art 2 s 32
|89.037||Repealed, 1961 c 223 s 14
|89.038||Repealed, 1961 c 223 s 14
|89.039||FOREST MANAGEMENT INVESTMENT ACCOUNT.|
|89.04||Repealed, 1989 c 335 art 4 s 109
|89.06||NURSERY AND TREE IMPROVEMENT PLAN.|
|89.08||Repealed, 1947 c 94 s 7
|89.12||Repealed, 1961 c 223 s 14
|89.13||Repealed, 1961 c 223 s 14
|89.14||Repealed, 1961 c 223 s 14
|89.15||Repealed, 1961 c 223 s 14
|89.16||Repealed, 1961 c 223 s 14
|89.163||Renumbered 90.60, subdivision 1
|89.164||Renumbered 90.60, subd 2
|89.165||Renumbered 90.60, subd 3
|89.17||LEASES AND PERMITS.|
|89.18||ROADS THROUGH STATE FORESTS, PERMITS.|
|89.20||POSTED LAND, TRESPASS.|
|89.201||Repealed, 1955 c 714 s 3
|89.21||CAMPGROUNDS, ESTABLISHMENT AND FEES.|
|89.22||89.22 USES OF STATE FOREST LANDS; FEES.|
|89.26||STATE WATER POWERS WITHDRAWN FROM SALE.|
|89.27||LAND SUITABLE FOR REFORESTATION WITHDRAWN FROM SALE.|
|89.29||Repealed, 1961 c 223 s 14
|89.30||Repealed, 1961 c 223 s 14
|89.31||Repealed, 1973 c 234 s 5
|89.32||Repealed, 1973 c 234 s 5
|89.33||Repealed, 1973 c 234 s 5
|89.34||Repealed, 1973 c 234 s 5
|89.36||PRODUCING AND PROCURING PLANTING STOCK.|
|89.37||DISTRIBUTING PLANTING STOCK.|
|89.39||PURCHASE AGREEMENTS AND PENALTIES.|
|89.391||NURSERY INSPECTION CERTIFICATES; LIMITATIONS ON ISSUANCE.|
|89.40||Repealed, 1973 c 234 s 5
|89.41||EDUCATIONAL UNITS MAY ESTABLISH AND MAINTAIN FORESTS.|
|89.42||SALE OF FOREST PRODUCTS.|
|89.421||89.421 FOREST RESOURCE ASSESSMENT PRODUCTS AND SERVICES ACCOUNT.|
|89.43||TREE SEEDS AND CONES, PAYMENTS FROM APPROPRIATIONS.|
FOREST PESTS, GENERALLY
|89.52||89.52 SURVEYS, INVESTIGATIONS.|
|89.53||CONTROL OF FOREST PESTS AND SHADE TREE PESTS.|
|89.54||89.54 ZONES OF INFESTATION, ESTABLISHMENT.|
|89.55||89.55 INFESTATION CONTROL, COSTS.|
|89.551||89.551 APPROVED FIREWOOD REQUIRED.|
|89.57||89.57 DISSOLUTION OF ZONE INFESTATION.|
|89.58||89.58 FOREST PEST AND SHADE TREE PEST CONTROL ACCOUNT.|
|89.60||89.60 DUTIES, RULES; COMMISSIONER.|
|89.61||89.61 ACT SUPPLEMENTAL.|
|89.62||89.62 SHADE TREE PEST CONTROL; GRANT PROGRAM.|
|89.63||89.63 CERTIFICATION OF TREE INSPECTORS.|
|89.66||FORESTRY RESEARCH AND EXTENSION.|
|89.70||STATE FOREST ROAD ACCOUNT.|
|89.715||ALTERNATIVE RECORDING FOR STATE FOREST ROAD.|
|89.72||COUNTY FOREST ACCESS ROAD ACCOUNT.|
Subdivision 1. Applicability.
Unless the language or context clearly indicates that a different
meaning is intended, the following terms for the purpose of this chapter, shall have the meanings
ascribed to them.
Subd. 2. Department.
"Department" means the Department of Natural Resources of the
state of Minnesota.
Subd. 3. Commissioner.
"Commissioner" means the commissioner of natural resources or
agent of the commissioner.
Subd. 4. Forest land.
"Forest land" means land which is at least ten percent stocked by trees
of any size and capable of producing timber, or of exerting an influence on the climate or on the
water regime; land from which the trees described above have been removed to less than ten
percent stocking and which has not been developed for other use; and afforested areas.
Subd. 5. Timber.
"Timber" means trees that will produce forest products of value, whether
standing or down, and including but not limited to logs, bolts, pulpwood, posts, poles, cordwood,
lumber and decorative material.
Subd. 6. State forest lands.
"State forest lands" means all land and waters owned by the state
within state forests, including all lands set apart under the Constitution of the state of Minnesota,
article XI, section 11, and laws enacted pursuant thereto, but excepting lands acquired by the
state for other specific purposes or tax-forfeited lands held in trust for the taxing districts unless
incorporated into state forests as otherwise provided by law.
Subd. 7. Reproduction.
"Reproduction" means young stands of commercial tree species
ranging from one foot high to 4.9 inches diameter at 4-1/2 feet above the ground and at least
ten percent stocked.
Subd. 8. Forest resources.
"Forest resources" means those natural assets of forest lands,
including timber and other forest crops; biological diversity; recreation; fish and wildlife habitat;
wilderness; rare and distinctive flora and fauna; air; water; soil; climate; and educational,
aesthetic, and historic values.
Subd. 9. Multiple use.
"Multiple use" means the principle of forest management by which
forest resources are utilized in the combinations that will best meet the needs of the people of
the state; including the harmonious and coordinated management of the forest resources, each
with the other, without impairment of the productivity of the land and with consideration of
the relative values of the resources, and not necessarily the combination of uses resulting in
the greatest economic return or unit output.
Subd. 10. Sustained yield.
"Sustained yield" means the principle of forest management for
the achievement and maintenance in perpetuity of a high-level annual or regular periodic output
of forest resources without impairment of the productivity of the land; allowing for periods of
intensification of management to enhance the current or anticipated output of one or more of the
Subd. 11. Reforestation.
"Reforestation" means the process of natural or artificial forest
regeneration, including securing seed, growing seedlings, preparing sites, planting seed,
planting trees, removing deleterious growth and underbrush and other activities related to forest
Subd. 12. Extractive use.
"Extractive use" means the removal of sand, gravel, peat or any
mineral from beneath the surface of the land.
Subd. 13. Forest lands under the authority of the commissioner.
"Forest lands under the
authority of the commissioner" means state forest lands and other forest lands managed by the
commissioner outside of state forests, except for tax-forfeited lands held in trust for the taxing
districts and for the following units of the outdoor recreation system as defined in section
state parks, state trails, state wildlife management areas, state scientific and natural areas, state
water access sites, state historic sites, state rest areas and state wilderness areas.
Subd. 14. State forest road.
"State forest road" means a road constructed, acquired,
maintained, or administered by the commissioner for the purpose of carrying out forest resource
management policy as set forth in section
Subd. 15. Forest pest.
"Forest pest" means any vertebrate or invertebrate animal, plant
pathogen, or plant that is determined by the commissioner to be harmful, injurious, or destructive
to forests or timber.
Subd. 16. Shade tree pest.
"Shade tree pest" means any vertebrate or invertebrate animal,
plant pathogen, or plant that is determined by the commissioner to be harmful, injurious, or
destructive to shade trees or community forests.
Subd. 17. Community forest.
"Community forest" has the meaning given under section
88.01, subdivision 27
Subd. 18. Shade tree.
"Shade tree" means a woody perennial grown primarily for aesthetic
or environmental purposes.
History: 1961 c 223 s 1; 1965 c 51 s 13; 1969 c 1129 art 10 s 2; 1976 c 2 s 172; 1982 c 511
s 2; 1986 c 444; 1988 c 686 art 4 s 1; 1995 c 220 s 76; 2007 c 57 art 1 s 48-52
Subdivision 1. Forest resource management policy.
The commissioner shall manage the
forest resources of state forest lands under the authority of the commissioner according to the
principles of multiple use and sustained yield. The forest resource management policy shall not
supersede any existing duty or authority of the commissioner in managing forest lands, but the
duties and authorities, as far as practicable, shall be exercised consistently with this policy. The
forest resource management policy is not intended to exclude extractive uses of forest lands under
the authority of the commissioner pursuant to state law.
Subd. 2. Reforestation policy.
(a) The commissioner shall maintain all forest lands under
authority of the commissioner in appropriate forest cover with species of trees, degree of stocking,
rate of growth and stand conditions designed to secure optimum public benefits according to
multiple use, sustained yield principles and consistent with applicable forest management plans.
(b) Each year the commissioner shall strive to assure that (1) reforestation occurs annually on
an acreage at least equal to the acreage harvested that year on all forest lands under the authority
of the commissioner; (2) additional reforestation is accomplished on areas previously harvested
but not adequately reforested so that the backlog of reforestation work can be eliminated; and
(3) poorly stocked forest land, or forest land damaged by natural causes, shall be returned to a
state of productivity.
Subd. 3. Forest road policy.
The commissioner shall provide a system of forest roads and
trails which provides access to state forest land and other forest land under the commissioner's
authority which is adequate to permit the commissioner to manage, protect, and develop those
lands and their forest resources consistent with the forest resource management policy, and to
meet demands for forest resources.
History: 1982 c 511 s 3; 1986 c 444
89.01 COMMISSIONER, POWERS AND DUTIES.
Subdivision 1. Best methods.
The commissioner shall ascertain and observe the best
methods of reforesting cutover and denuded lands, foresting waste lands, minimizing loss
or damage of forest resources by fire, forest pests, or shade tree pests, administering forests
on forestry principles, encouraging private owners to preserve and grow trees or timber for
commercial or other purposes, and conserving the forests around the head waters of streams
and on the watersheds of the state.
Subd. 2. General duties.
The commissioner shall execute all rules pertaining to forestry
and forest protection within the jurisdiction of the state; have charge of the work of protecting
all forests and lands from fire, forest pests, and shade tree pests; shall investigate the origin
of all forest fires; and prosecute all violators as provided by law; shall prepare and print for
public distribution an abstract of the forest fire laws of Minnesota, together with such rules as
may be formulated.
The commissioner shall prepare printed notices calling attention to the dangers from forest
fires and cause them to be posted in conspicuous places.
Subd. 3. Fire damage.
Damage by fire occurring to state timber, reproduction or lands, when
coming to the knowledge of the commissioner, shall be promptly reported to the attorney general,
who may either enforce collection of such demands directly or may employ private attorneys
therefor on such terms, not contingent, as the attorney general deems for the best interests of
the state. The amount so collected, after deducting therefrom the fees of such attorneys, if any,
and other necessary expenses incurred in investigation, preparation for trial, and trial, shall be
paid into the state treasury and credited to the fund that would have been entitled to receive the
sale price of the lands, reproduction, or timber if sold; or, if there be no such fund, then such
money shall be credited to the general fund. The attorney general, either in or out of court, may
compromise and settle state claims for fire damage to state lands, reproduction, or timber, on such
terms as the attorney general deems for the best interests of the state.
Subd. 4. Forest plans.
The commissioner shall cooperate with the several departments of
the state and federal governments and with counties, towns, municipalities, corporations, or
individuals in the preparation of plans for forest protection and management and planting or
replacement of trees in wood lots and community forests or on timber tracts, using such influence
as time will permit toward the establishment of scientific forestry principles in the management,
protection, and promotion of the forest resources of the state.
Subd. 5. Eliminating state forest land.
When any tract or tracts of land that are included in
areas set apart as state forests are found to be more valuable for agriculture than for forestry or
other conservation purposes, or when any tract or tracts of land used as a forestry administrative
site are found to be no longer needed for administrative purposes, the commissioner by written
order may eliminate such lands from state forests whereupon such lands shall be subject to sale
the same as other lands not reserved. When any tract or tracts of land that are included in areas
set apart as state forests are found to be more valuable for the construction of industrial plants
or for purposes including forestry essential to the establishment of or expansion of substantial
commercial developments, the commissioner, by written order, with the unanimous approval of
the Land Exchange Board may eliminate such lands from state forests whereupon such lands shall
be subject to sale the same as other lands not reserved.
Subd. 5a. Sale of state forest land.
Any state lands included in areas set apart as state
forests are eliminated from the state forest upon sale under the provisions of sections
Subd. 6. Designating state lands.
When any state lands not reserved or set aside are found
by the commissioner to be more valuable for the production of timber than for agriculture the
commissioner may by written order designate such lands as state forest or adjust the boundaries of
state forests subject to the approval of the state legislature at its next regular session.
Subd. 7. Forest road coordination committees.
The commissioner shall establish a
forest road coordination committee in each forestry administrative area in which a state or
county forest road is located. The commissioner shall appoint as members representatives
from among the following: road authorities, county land commissioners, local governments,
the forest products industry, and forest recreation interests. Each committee must meet at least
once annually. The committees shall assist in providing a transportation system to facilitate the
protection, management, and use of this state's forest resources. The purpose of the committees
includes coordination of the planning, construction, maintenance, and use of forest roads, and
of restrictions on their use.
History: (4031-5 - 4031-10) 1911 c 125 s 3-6; 1925 c 407 s 5-10; 1961 c 223 s 2; 1963 c
381 s 1; 1969 c 399 s 1; 1975 c 271 s 6; 1982 c 511 s 4; 1985 c 248 s 70; 1986 c 444; 1988 c
462 s 2; 1988 c 686 art 4 s 2; 2004 c 262 art 1 s 10; 2005 c 10 art 1 s 22; 2006 c 281 art 1 s
19; 2007 c 57 art 1 s 53-55
89.011 FOREST PLANNING COORDINATION.
Subdivision 1.[Repealed, 2006 c 281 art 3 s 20
Subd. 2.[Repealed, 2006 c 281 art 3 s 20
Subd. 3.[Repealed, 2006 c 281 art 3 s 20
Subd. 4. Federal coordination.
The Department of Natural Resources shall coordinate
all forest resources planning efforts with the appropriate federal agencies in order to achieve
optimum public benefit, to obtain federal assistance, to participate in the federal forestry planning
process, and to enhance the productivity and multiple use management of forest resources.
Subd. 5. Public and private coordination.
The Department of Natural Resources shall
coordinate all forest resources planning efforts with counties and other public agencies and private
organizations engaged in forest resource management and research.
Subd. 6.[Repealed, 2006 c 281 art 3 s 20
History: 1982 c 511 s 5
89.012 UNIT FOREST RESOURCE PLANS.
Each geographic administrative unit of the Division of Forestry identified by the
commissioner as an appropriate unit for forest resource planning shall have a unit forest resource
plan which is consistent with the forest resource management policy and plan, including state
reforestation and road policies. The scope and content of the plan shall be determined by the
commissioner. The plan is not subject to the rulemaking provisions of chapter 14 and section
does not apply. A unit plan shall not be implemented until approved by the commissioner
by written order that is published in the State Register.
A unit plan shall set forth the specific goals and objectives for the management, protection,
development, and production of forest resources in the administrative unit. A unit plan shall be
integrated with other uses not managed under the multiple use, sustained yield principles policy
when those uses have been authorized and approved according to law, including compliance with
environmental review procedures. Unit plans shall be revised as necessary to remain consistent
with the forest resource management plan.
History: 1982 c 511 s 6; 2004 c 221 s 28
89.015 SOUTHERN MINNESOTA TREE SPECIES, RESEARCH.
Research shall be carried on by the University of Minnesota School of Forestry in
cooperation with the Division of Lands and Forestry of the Department of Natural Resources,
North Central Forest Experiment Station of the United States Forest Service, individual timber
land owners and others directly concerned on such valuable southern Minnesota tree species as
basswood, red elm, rock elm, red and white oak, black walnut, black cherry, butternut and green
ash to develop means of increasing the contribution of the large acreage of farm woodlands to
the agricultural economy. The research effort will be concentrated on such important problems
as means of reproducing basswood, development of planting stock, selection of superior strains
of these species, methods of field planting, management of existing stands, and methods of
increasing the representation of these species in woodlands and forests in need of rehabilitation
because of past damage from high-grading, burning, and grazing.
History: 1957 c 765 s 1; 1961 c 223 s 3; 1967 c 905 s 9; 1969 c 1129 art 10 s 2; 1971
c 25 s 28
89.016 FOREST CAMPGROUNDS.
The commissioner must hold a public meeting before closing a campground in a state
forest for a camping season. The public meeting must be held near the state forest where the
campground is to be closed.
History: 1987 c 404 s 109
HERITAGE FOREST AREAS
89.018 HERITAGE FORESTS.
Subdivision 1. Establishment; termination.
(a) The commissioner may establish, by
written order published in the State Register, heritage forest areas within counties named under
this subdivision if:
(1) the commissioner determines that establishment is consistent with the purposes of the
heritage forest; and
(2) the county board has submitted a resolution to the commissioner delineating and
requesting establishment of the heritage forest areas of the county.
(b) The named counties for the Big Woods Heritage Forest are:
(1) Blue Earth;
(5) Le Sueur;
(12) Waseca; and
(c) The commissioner may terminate the heritage forest status of an area within a county if
the commissioner determines that the termination would be in the public interest and the county
board has submitted a resolution to the commissioner requesting termination.
Subd. 2. Commissioner's powers.
(a) Within areas established as a heritage forest under
subdivision 1, the commissioner may:
(1) designate, by written order published in the State Register, any commissioner-administered
state-owned lands as heritage forest lands for management purposes, including lands that have
previously been designated for another purpose;
(2) accept donations of land, including easements under subdivision 3, for heritage forest
(3) manage lands designated by local governments for heritage forest management; and
(4) contract with other agencies or organizations for management services, including any
required monitoring activities.
(b) Lands designated under paragraph (a), clause (1), that were previously designated by
law or by the commissioner continue to be subject to requirements and uses authorized under
the previous designation.
Subd. 3. Easements.
(a) The commissioner or a political subdivision may individually
or jointly acquire heritage forest land for conservation purposes in areas established under
subdivision 1 by entering into easements with landowners. The easements must be conservation
easements as defined in section
, clause (1), except the easements may be made possessory
as well as nonpossessory if agreed upon by the landowner and the commissioner or political
(b) In an easement agreement between the commissioner or political subdivision and a
landowner, the landowner must agree:
(1) to place forest lands in the program for the period of the easement;
(2) to implement a heritage forest stewardship plan as provided in the easement agreement;
(3) not to alter the heritage forest by developing the land, cutting timber that is not identified
in the forest stewardship plan, or otherwise destroying the heritage forest character of the
(4) to allow the commissioner or political subdivision or agents of the commissioner or
political subdivision access to the land for monitoring activities;
(5) not to adopt a practice specified by the commissioner or political subdivision in the
easement as a practice that would tend to defeat the purposes of the heritage forest; and
(6) to additional provisions included in the easement that the commissioner or political
subdivision determines are consistent with the purposes of the heritage forest program.
(c) A limited-term easement may be converted to a permanent easement or renewed at the
end of the easement period by mutual agreement of the commissioner or political subdivision and
(d) If during the easement period the landowner sells or otherwise disposes of the ownership
or right of occupancy of the land, the new landowner must continue the easement under the
same terms or conditions.
(e) If during the limited-term easement period the landowner sells or otherwise disposes of
the ownership or right of occupancy of the land, the new landowner may continue the easement
under the same terms or conditions.
(f) The commissioner or political subdivision may terminate an easement by mutual
agreement with the landowner if the commissioner or political subdivision determines that the
termination would be in the public interest. The commissioner or political subdivision may agree
to modification of an agreement if the commissioner or political subdivision determines the
modification is desirable to implement the heritage forest program.
Subd. 4. Forest stewardship registration.
Private landowners may establish their lands
as heritage forest land by having a heritage forest stewardship plan prepared and by completing
a stewardship registration agreement. A stewardship registration agreement is a nonbinding
commitment by a landowner to provide stewardship to forested lands. In a stewardship registration
agreement, a landowner acknowledges an intent to implement a heritage forest stewardship plan.
If the landowner sells or otherwise disposes of the ownership or right of occupancy of the land,
the commissioner shall terminate the stewardship registration agreement. A new owner must
enter into a new stewardship registration agreement to continue recognition of the forest land
as heritage forest. The commissioner may terminate a stewardship registration agreement by
mutual agreement of the landowner if the commissioner determines the termination would be
in the public interest.
Subd. 5. Highways.
The establishment of a heritage forest shall not, by itself, impose any
additional restrictions upon the commissioner of transportation or a local road authority, to
construct, improve, or maintain a highway, as defined in section
160.02, subdivision 26
Subd. 6. State regulation and control.
Nothing in this chapter shall be used to authorize the
acceptance of grants or agreements that would preempt state regulation and control of state lands.
Subd. 7. Rulemaking exemption.
Designations under subdivisions 1 and 2 are not subject to
the rulemaking provisions of chapter 14 and section
does not apply.
History: 2000 c 375 s 2; 2004 c 221 s 29-31
89.0211 SALE OF STATE FOREST LANDS ADJACENT TO PLATTED AREAS.
, the commissioner may sell state forest lands that are
adjacent to areas platted under section
in accordance with the applicable procedures
in chapter 92 or 94.
History: 1995 c 108 s 1
89.022 DISPOSAL OF TILLABLE LAND IN MEMORIAL HARDWOOD FOREST.
Subdivision 1. Exchange or sale required.
If any parcel acquired for the Memorial
Hardwood Forest after July 1, 1977 contains more than ten contiguous acres of tillable land
adjacent to other tillable land or to a maintained public road or a farm homestead consisting of
a residence and farm buildings abutting a maintained public road, the commissioner of natural
resources shall either exchange the land for other land suitable for forest purposes or declare the
land as surplus land to the commissioner of administration. The commissioner of administration
shall offer the land for sale in the manner provided by law not less than six months after acquisition
by the state and once thereafter in each of the next two years. Tillable land is land classified as
class 1, 2, or 3 as defined by the United States Soil Conservation Service. Notwithstanding any
law to the contrary neither the state nor any of its subdivisions shall be required to construct
or maintain any street, highway or other road to provide access to any parcel of land sold or
exchanged pursuant to this section. The commissioner of natural resources may retain easements
over parcels sold or exchanged pursuant to this section as are required for purposes of providing
access to public waters or forest lands or access to insure stream bank stabilization and protection.
Subd. 2. Exemption.
The commissioner of natural resources may apply to the
Legislative-Citizen Commission on Minnesota Resources for an exemption from the exchange
or sale requirements of subdivision 1 in instances where it can be demonstrated that unique
recreational, historical or scientific values would be destroyed by the exchange or sale of tillable
land or a farm homestead. Exemptions shall be decided by the commission on an individual basis.
If the application for exemption is not decided by the commission within 90 days, the application
shall be deemed to have been denied.
Subd. 3. Disposition.
Money collected pursuant to section
shall be deposited in
the general fund.
History: 1979 c 248 s 1,2; 1988 c 690 art 1 s 1; 1989 c 335 art 1 s 269; 2006 c 243 s 21
89.025 DORER MEMORIAL HARDWOOD FOREST; LAND USE RESTRICTED.
After June 1, 1993, the commissioner may not allow the use of additional state forest lands
within the boundaries of the Richard J. Dorer Memorial Hardwood State Forest for development
or operation of a motor sports area for use by all-terrain vehicles, motorcycles, or four-wheel drive
trucks without legislative approval. This restriction does not apply to recreational trails.
History: 1993 c 203 s 2
89.03 ADVANCEMENT OF EDUCATION.
The commissioner may advance education in forestry within the state by publications and
lectures, and upon the invitation of the director of the School of Forestry of the University
of Minnesota may cooperate with the school, and the school shall furnish such aid to the
commissioner as, in the circumstances, is consistent with its own proper functions.
History: (4031-12) 1925 c 407 s 12; 1961 c 223 s 4; 1986 c 444
89.031 MANAGEMENT AND CONTROL.
All state forest lands shall be under the management and control of the commissioner
who shall have authority to make, establish, promulgate and enforce all necessary rules not
inconsistent with the laws of the state for the care and management of state forest lands.
History: 1943 c 171 s 2; 1961 c 223 s 5; 1985 c 248 s 70
89.032 ACQUISITION OF LAND.
Subdivision 1. Acquisition for state use and development.
The commissioner may acquire
administrative sites or rights-of-way by eminent domain, in the manner provided by law, or
by purchase any lands or interest in lands in the state forests as created by law, which the
commissioner deems necessary for state use, and development.
Subd. 2. Acquisition for state forests.
The commissioner may acquire lands or interest in
lands for state forest purposes subject to mineral reservations.
Subd. 3. Leases for forestry purposes.
The commissioner may lease any land which the
commissioner deems necessary for use for buildings, lookout towers, or other facilities for
forestry purposes for such period as deemed necessary.
History: 1943 c 171 s 3; 1955 c 115 s 1; 1961 c 223 s 6; 1986 c 444
The commissioner may accept for and in behalf of the state, any gift, bequest, devise, or
grant of land or interest in lands in any state forests, or of money or personal property of any kind,
which the commissioner may deem suitable for use in connection with the operation, control,
development, or use of any state forest.
History: 1943 c 171 s 4; 1961 c 223 s 7; 1986 c 444
89.034 TAX-FORFEITED LANDS, INCLUSION IN STATE FORESTS.
Whenever the board of county commissioners, by resolution duly adopted, resolves that
any lands, forfeited for nonpayment of taxes, lying within the boundaries of any of the forests
hereinabove designated, or that certain tax-forfeited land lying outside of such boundaries
and classified as conservation lands are suitable primarily for the growing of timber and
timber products, it may submit such resolution to the commissioner. If, upon investigation, the
commissioner determines that the lands covered by such resolution can best be managed and
developed as state forest lands or as a portion of an existing state forest, the commissioner shall
make a certificate describing the lands and reciting the acceptance thereof on behalf of the state
as state forest lands. The commissioner shall transmit the certificate to the county auditor, who
shall note the same upon records of the auditor and record the same with the county recorder.
The title to all lands so accepted shall be held by the state free from any trust in favor of any and
all taxing districts, and such lands shall thereafter be managed and devoted to the purposes of
state forest lands in the same manner as lands hereinabove set apart as state forest lands, and
subject to all the provisions of law.
History: 1943 c 171 s 5; 1961 c 223 s 8; 1976 c 181 s 2; 1986 c 444
89.035 INCOME FROM STATE FOREST LANDS; DISPOSITION.
All income which may be received from lands acquired by the state heretofore or hereafter
for state forest purposes by gift, purchase or eminent domain and tax-forfeited lands to which the
county has relinquished its equity to the state for state forest purposes shall be paid into the state
treasury and credited as provided in this section, except where the conveyance to and acceptance
by the state of lands for state forest purposes provides for other disposition of receipts. The
income derived from timber sales receipts shall be credited to the forest management investment
account and the amounts derived from all other receipts shall be credited to the general fund.
History: 1943 c 171 s 6; 1961 c 223 s 9; 1989 c 335 art 4 s 27; 1992 c 513 art 2 s 23;
2004 c 241 s 2
89.039 FOREST MANAGEMENT INVESTMENT ACCOUNT.
Subdivision 1. Account established; sources.
The forest management investment account
is created in the natural resources fund in the state treasury and money in the account may be
spent only for the purposes provided in subdivision 2. The following revenue shall be deposited in
the forest management investment account:
(1) timber sales receipts transferred from the consolidated conservation areas account as
provided in section
84A.51, subdivision 2
(2) timber sales receipts from forest lands as provided in section
(3) money transferred from the forest suspense account according to section
(4) interest accruing from investment of the account.
Subd. 2. Purposes of account.
Subject to appropriation by the legislature, money in the
forest management investment account may be spent by the Department of Natural Resources
in accordance with the forest resource management policy and plan for any of the following
(1) reforestation and timber stand improvement, including forest pest management;
(2) timber sales administration, contract marking of commercial thinning sales, cultural
resource reviews, and other timber sales costs; and
(3) state forest road maintenance costs that exceed appropriations under section
History: 2004 c 241 s 3; 1Sp2005 c 1 art 2 s 70
89.05 ACCOUNTING SYSTEM.
The Department of Natural Resources shall consolidate and simplify the accounting system
within the department for receipts from department managed lands, disbursements made on a
regular basis, and the program for federal aids and grant reimbursements. The new accounting
system shall be implemented with the cooperation and under the supervision of the Department
History: 1982 c 511 s 12; 1999 c 99 s 12
89.06 NURSERY AND TREE IMPROVEMENT PLAN.
By February 1, 1983, the commissioner, with the assistance of the agricultural experiment
station of the University of Minnesota, shall submit a plan to the legislature on the benefits and
costs of making the nursery and tree improvement program in this chapter self-supporting. The
plan shall include, but not be limited to, at least the following elements:
(a) tree species and stand improvement;
(b) adoption of a seed certification system;
(c) development of specialized seed tree orchards;
(d) implementation of modern nursery techniques;
(e) contractual arrangements with users of tree seedlings; and
(f) an economic analysis of surcharges and user fees that would make the nursery and tree
improvement program self-supporting.
History: 1982 c 511 s 13
89.17 LEASES AND PERMITS.
The commissioner shall have power to grant and execute, in the name of the state, leases and
permits for the use of any forest lands under the authority of the commissioner for any purpose
which in the commissioner's opinion is not inconsistent with the maintenance and management of
the forest lands, on forestry principles for timber production. Every such lease or permit shall be
revocable at the discretion of the commissioner at any time subject to such conditions as may be
agreed on in the lease. The approval of the commissioner of administration shall not be required
upon any such lease or permit. No such lease or permit for a period exceeding ten years shall
be granted except with the approval of the Executive Council.
Hunting of wild game is prohibited on any land which has been posted by the lessee to
prohibit hunting. Such prohibition shall apply to all persons including the lessee.
History: (6513-6) 1931 c 263 s 6; 1957 c 136 s 1; 1959 c 473 s 1; 1961 c 223 s 10; 1965 c
382 s 2; 1986 c 444; 1988 c 462 s 3
89.18 ROADS THROUGH STATE FORESTS, PERMITS.
No public highway, other than a state trunk highway, shall be established or laid out through
any state forest as the same shall be created and withdrawn from public sale and entry by existing
or subsequent act, without the consent of the commissioner, certified in writing to the public
authority having power to establish or lay out such highway. In any judicial proceeding affecting
the laying out of a highway, the court may either sustain or reverse the action of the commissioner
as the court, in its discretion, may deem proper. The limitations and restrictions provided in this
section shall not apply to state-owned lands which have not been expressly withdrawn from sale
and created and reserved as state forests. No state forest lands or right or easement therein shall be
taken by eminent domain for any purpose without the consent of the commissioner, certified in
writing to the authority or corporation exercising such power of eminent domain.
History: (6513-7) 1931 c 263 s 7; 1961 c 223 s 11; 1986 c 444; 2006 c 214 s 20
Subdivision 1. Rulemaking authority.
The commissioner may prescribe rules governing the
use of forest lands under the authority of the commissioner and state forest roads, or any parts
thereof, by the public and governing the exercise by holders of leases or permits on forest lands
and state forest roads of all their rights under the leases or permits.
Subd. 2. Rulemaking exemption.
Designations of forest trails and changes to the
designations by the commissioner shall be by written order published in the State Register.
Designations and changes to designations are not subject to the rulemaking provisions of chapter
14 and section
does not apply. Before designating or changing a designation of forest
trails, the commissioner shall hold a public meeting in the county where the largest portion of the
forest lands are located to provide information to and receive comment from the public regarding
the proposed trail designation or change in designation. Sixty days before the public meeting,
notice of the proposed forest trail designation or change in designation shall be published in the
legal newspapers that serve the counties in which the lands are located, in a statewide Department
of Natural Resources news release, and in the State Register.
History: (6513-8) 1931 c 263 s 8; 1961 c 223 s 12; 1985 c 248 s 70; 1988 c 462 s 4; 1988 c
686 art 4 s 3; 2004 c 221 s 32; 1Sp2005 c 1 art 2 s 71
89.20 POSTED LAND, TRESPASS.
Camping on posted state forest land or the erection of any type of building without written
authorization shall be considered trespass. Any violation of the terms of this section shall
constitute a misdemeanor. This does not prohibit temporary camping on unrestricted areas for
such purposes as hunting, fishing, berry picking, or other similar uses of state forest land.
History: 1961 c 223 s 13
89.21 CAMPGROUNDS, ESTABLISHMENT AND FEES.
(a) The commissioner is authorized to establish and develop state forest campgrounds and
may establish minimum standards not inconsistent with the laws of the state for the care and use
of such campgrounds and charge fees for such uses as specified by the commissioner of natural
(b) Notwithstanding section
, the commissioner shall, by written order, establish
fees providing for the use of state forest campgrounds. The fees are not subject to the rulemaking
provisions of chapter 14 and section
does not apply.
(c) All fees shall be deposited in the general fund.
History: 1963 c 657 s 1; 1967 c 905 s 9; 1969 c 1129 art 10 s 2; 1989 c 335 art 4 s 29;
2004 c 221 s 33
89.22 USES OF STATE FOREST LANDS; FEES.
Subdivision 1. Establishing fees.
, the commissioner
may, by written order published in the State Register, establish fees providing for the use of
state forest lands, including motorcycle, snowmobile, and sports car rallies, races, or enduros;
orienteering trials; group campouts that do not occur at designated group camps; dog sled races;
dog trials; large horse trail rides; and commercial uses. The fees are not subject to the rulemaking
provisions of chapter 14 and section
does not apply.
Subd. 2. Receipts to special revenue fund.
Fees collected under subdivision 1 shall be
credited to the special revenue fund and are annually appropriated to the commissioner to recoup
the costs of developing, operating, and maintaining facilities necessary for the specified uses in
subdivision 1 or to prevent or mitigate resource impacts of those uses.
History: 2006 c 281 art 3 s 9; 2007 c 57 art 1 s 56
89.26 STATE WATER POWERS WITHDRAWN FROM SALE.
All water powers having a possible average development of 100 horsepower or more owned
by or subject to the control of the state and all lands so owned, controlled, or held in trust by the
state lying within one mile of such water powers are hereby withdrawn from sale and held for
the purpose of the improvement and utilization of the same for the purpose of having paper
manufactured by plants built at and using the power of such water powers.
History: (6519) 1917 c 360 s 1
89.27 LAND SUITABLE FOR REFORESTATION WITHDRAWN FROM SALE.
All lands owned, controlled, or held in trust by the state, which lands would be overflowed
by the complete and full development of the water powers referred to in section
reserved and withdrawn from sale in order that they may be overflowed by the improvement of
the water powers within whose basin of overflow they lie. All lands unfit for agricultural and
suitable for reforestation purposes are hereby withdrawn from sale. The commissioner is hereby
requested and directed to ascertain all the water powers and lands referred to in section
with all due speed and to withdraw from sales all such lands and to report such withdrawals,
including in such report the description of the land, the present character and the growth thereon,
the estimated value of the land, and of the timber, if any, now growing thereon; also the quantity
and character of the timber suitable for use in the manufacture of paper growing on the land and
the most accessible method of transportation of the timber of use in the manufacture of paper to
the nearest reserved water power or any water power which in the opinion of the commissioner
can advantageously be procured by the state by condemnation or purchase for the purposes
provided in sections
History: (6520) 1917 c 360 s 2
89.28 PULPWOOD INVESTIGATION.
The commissioner shall make an investigation of the possibility of the state securing by
purchase or condemnation water powers in the vicinity of state lands wherein pulpwood is
now growing or upon which it may be profitably grown in the future. For such purpose the
commissioner may call upon the state drainage engineer for assistance.
History: (6521) 1917 c 360 s 3; 1986 c 444
89.35 TREE PLANTING.
Subdivision 1. Definitions.
The definitions in this subdivision apply to sections
(a) "Tree" means any species of tree, woody perennial, shrub, or vine approved by the
commissioner for the purposes authorized in sections
, except cultivated varieties
that are capable of producing fruit for human consumption.
(b) "Planting stock" or "tree planting stock" means trees native to this state and includes
native tree hybrids that have been improved for conservation purposes.
Subd. 2. Purpose of planting.
The purposes for which trees may be produced, procured,
distributed, and planted under sections
shall include auxiliary forests, woodlots,
windbreaks, shelterbelts, erosion control, soil conservation, water conservation, provision
of permanent food and cover for wild life, environmental education, and afforestation and
reforestation on public or private lands of any kind, but shall not include the raising of fruit for
human consumption or planting for purely ornamental purposes. It is hereby declared that all such
authorized purposes are in furtherance of the public health, safety, and welfare.
History: 1947 c 94 s 1; 1969 c 1129 art 10 s 2; 1978 c 578 s 1; 1980 c 509 s 20; 1993 c 224
art 14 s 2; 1997 c 119 s 1
89.36 PRODUCING AND PROCURING PLANTING STOCK.
Subdivision 1. Production at state nurseries.
The commissioner of natural resources may
produce tree planting stock for the purposes of sections
upon any lands under
control of the commissioner which may be deemed suitable and available therefor so far as not
inconsistent with other uses to which such lands may be dedicated by law. The commissioner may
not produce more than 10,000,000 units of planting stock annually, after January 1, 2003.
Subd. 2. Purchase of stock.
The commissioner of natural resources may purchase tree
planting stock for the purposes herein authorized under the provisions of sections
or any other applicable law now or hereafter in force. The commissioner must give preference
for Minnesota grown planting stock.
Subd. 3. Sale or exchange of stock.
In carrying out the provisions of sections
, the commissioner may sell to or exchange surplus tree planting stock and seed with other
states or the federal government for the following purposes:
(1) to acquire tree planting stock of a species which is in short supply in the commissioner's
(2) to acquire tree planting stock of a species not grown by the commissioner;
(3) to acquire tree planting stock genetically superior to that grown by the commissioner; and
(4) to utilize tree planting stock or seed not needed for the reforestation program in the state.
Subd. 4. Annual report.
The commissioner shall submit an annual report to the legislature
relating to the production of planting stock at state nurseries. The report must include the
(1) sales figures;
(2) income figures; and
(3) expenses for operations and administration.
Copies of the report must be filed with the Legislative Reference Library and made available
to the public.
The commissioner shall also provide any additional information requested by the legislature
relating to the production of planting stock at state nurseries.
History: 1947 c 94 s 2; 1969 c 1129 art 10 s 4; 1973 c 234 s 1; 1980 c 509 s 21; 1983 c 196
s 1; 1986 c 444; 1994 c 551 s 1; 1997 c 119 s 2,3; 2002 c 351 s 3; 1Sp2005 c 1 art 2 s 72
89.37 DISTRIBUTING PLANTING STOCK.
Subdivision 1. Planting conditions.
The commissioner of natural resources may supply
planting stock produced or procured hereunder for use on any public or private lands within the
state for the purposes herein authorized under such conditions as the commissioner may prescribe
for planting, care, and maintenance in furtherance of such purposes.
Subd. 2. Public lands; auxiliary forests of nonprofit corporations.
Such planting stock
may be supplied for use on any lands owned by or subject to an easement or right-of-way held
by the state or by any political subdivision of the state upon payment of the cost of such stock
and expenses of distribution, as the commissioner may determine. Such planting stock may be
supplied under like conditions for use in any auxiliary forest owned and maintained by any
corporation organized for religious, social, moral, educational, scientific, benevolent, charitable,
fraternal, or reformatory purposes and not for profit.
Subd. 3. Private lands.
The commissioner may supply only bare root seedlings, woody
cuttings, and transplant material for use on private land, provided that such material must be sold
in lots of not less than 500 for a sum determined by the commissioner to be equivalent to the cost
of the materials and the expenses of their distribution. The commissioner may not directly or
indirectly supply any other planting stock for use on private lands.
Subd. 3a. Sales of trees to soil and water conservation districts.
The commissioner of
natural resources may supply tree planting stock to organized soil and water conservation districts
for soil, water, wildlife and conservation purposes or as prescribed in section
89.35, subdivision 2
upon payment of the cost of the stock and expenses of distribution.
There is no minimum limitation on the number of trees going on an individual location. The
district shall make the determination of the numbers of trees going to each location.
Resale of trees with roots attached by the districts to their cooperators is permitted if planted
in accordance with conservation purposes set forth in section
89.35, subdivision 2
The soil and water conservation districts are permitted to resell trees with an adequate
amount added to defray costs of handling, grading, transportation, storage, salaries and other costs
directly related to planting the stock.
The district shall keep a record of all trees planted and the locations of the plantings. A
record of the plantings shall be sent to the commissioner of natural resources.
Soil and water conservation districts may establish joint distribution centers, if necessary,
to facilitate distribution or improve quality of tree planting stock when approved by the
commissioner of natural resources and the soil and water conservation districts so affected.
Subd. 3b. Sales to nurseries.
To promote the availability and use of native plant material,
the commissioner may sell native tree seed to licensed, private Minnesota nurseries when supplies
of seed from geographically adapted sources are not available from private Minnesota seed
dealers. The commissioner may also sell native trees and shrubs in lots of ten or more to nonprofit
groups and local units of government.
Subd. 4. Proceeds of sale.
All money received in payment for tree planting stock supplied
under this section shall be deposited in the state treasury and credited to a forest nursery account
and are available to the commissioner of natural resources for the purposes of sections
, including up to $250,000 per year for forestry education and technical assistance.
Subd. 5. Investment income.
Income earned from the investment of funds in the forest
nursery account beginning July 1, 1989, shall be credited to the account and are annually
appropriated to the commissioner of natural resources for the purposes of sections
Subd. 6. Promotional activities.
All promotional materials for public cost-share programs
for tree planting shall address the eligibility of private nursery planting stock.
Subd. 7. Rulemaking exemption.
The sale price of planting stock and native tree seeds
distributed by the commissioner under this section is not subject to the rulemaking provisions of
chapter 14 and section
does not apply. The commissioner may establish the sale price of
planting stock and native tree seeds notwithstanding section
History: 1947 c 94 s 3; 1953 c 580 s 1,2; 1969 c 399 s 1; 1969 c 1129 art 10 s 2; 1973 c 234
s 2; 1982 c 511 s 14-17; 1986 c 444; 1989 c 335 art 4 s 106; 1991 c 199 art 2 s 6; 1992 c 513 art
2 s 24,25; 1994 c 551 s 2; 1997 c 119 s 4,5; 2004 c 221 s 34; 1Sp2005 c 1 art 2 s 73
89.38 PROHIBITION; PENALTIES.
It shall be unlawful for a period of ten years from the date of purchase for any person who
purchases trees from the commissioner to use or permit the use of planting stock furnished
hereunder for any purpose not authorized hereunder, or to sell, give, remove, or permit the
removal with roots attached of any tree previously planted from stock furnished hereunder for
replanting on any ground not owned by the purchaser or for any purpose not authorized hereunder.
Any violation of this section shall be a misdemeanor.
History: 1947 c 94 s 4; 1973 c 234 s 3; 1978 c 773 s 3; 1986 c 444
89.39 PURCHASE AGREEMENTS AND PENALTIES.
Every individual, partnership, or private corporation to whom any planting stock is supplied
for planting on private land hereunder shall execute an agreement, upon a form approved by the
attorney general, to comply with all the requirements of sections
and all conditions
prescribed by the commissioner hereunder. Any party to such an agreement who shall violate
any provision thereof shall, in addition to any other penalties that may be applicable, be liable to
the state in a sum equal to three times the reasonable value of the trees affected by the violation
at the time the same were shipped for planting; provided, that if such trees are sold or offered
for sale for any purpose not herein authorized, such penalty shall be equal to three times the sale
price. Such penalties shall be recoverable in a civil action brought in the name of the state by
the attorney general.
History: 1947 c 94 s 5; 1980 c 509 s 22
89.391 NURSERY INSPECTION CERTIFICATES; LIMITATIONS ON ISSUANCE.
No certificate of inspection shall be issued pursuant to section
by the commissioner
of agriculture to a person who is determined by the commissioner of natural resources to have
purchased trees pursuant to sections
and who is selling, giving, removing, or
permitting the removal of the trees with roots attached, in violation of section
History: 1973 c 234 s 4; 1978 c 773 s 4; 1986 c 444; 2004 c 228 art 1 s 20
89.41 EDUCATIONAL UNITS MAY ESTABLISH AND MAINTAIN FORESTS.
Any school district in the state, however organized, the University of Minnesota, or any
branch thereof, any state university, community college, or other public educational institution or
agency of the state, all herein referred to as agencies, may establish and maintain forests as herein
provided, subject to the approval of the commissioner of natural resources. Any such agency may
use for the purpose of such a forest any land belonging to it, or may acquire land therefor by gift
or with contributed funds. For the purposes of such forest any tax-forfeited lands may be sold by
the county board to any such agency or may be conveyed by the commissioner of revenue to any
such agency in like manner as provided for the sale or conveyance of such lands to governmental
subdivisions under section
and amendments thereof.
History: 1949 c 431 s 1; 1957 c 576 s 1,2; 1969 c 1129 art 10 s 2; 1973 c 349 s 2; 1973
c 582 s 3; 1975 c 321 s 2
89.42 SALE OF FOREST PRODUCTS.
Any such agency may sell or otherwise dispose of timber or other forest products grown in
any such forest in such manner as the governing authority of such agency may determine, subject
to the approval of the commissioner of natural resources. The proceeds of such sales shall be paid
into the treasury of the agency, and may be used for maintenance or improvement of the forest,
for acquisition of additional land for such forests, or for any other purpose within the lawful
powers of the agency, as its governing authority may determine.
History: 1949 c 431 s 2; 1969 c 1129 art 10 s 2
89.421 FOREST RESOURCE ASSESSMENT PRODUCTS AND SERVICES ACCOUNT.
Subdivision 1. Creation.
The forest resource assessment products and services account is
created in the state treasury in the natural resources fund.
Subd. 2. Receipts.
Money received from forest resource assessment product sales and
services provided by the commissioner under sections
84.025, subdivision 9
shall be credited to the forest resource assessment products and services account. Forest resource
assessment products and services include the sale of aerial photography, remote sensing, and
satellite imagery products and services.
Subd. 3. Use of money in account.
Money credited to the forest resource assessment
products and services account under subdivision 2 is annually appropriated to the commissioner
and shall be used to maintain the staff and facilities producing the aerial photography, remote
sensing, and satellite imagery products and services.
History: 2007 c 57 art 1 s 57
89.43 TREE SEEDS AND CONES, PAYMENTS FROM APPROPRIATIONS.
Notwithstanding any provision of law to the contrary, out of any money appropriated to the
commissioner of natural resources for the purchase of tree seeds and seed cones the commissioner
of finance shall pay to the commissioner upon request the amounts deemed necessary by the
commissioner to maintain an inventory of tree seeds and seed cones to assure an adequate supply
for the nursery and forestry development needs of the department and to pay for the seeds and
seed cones in cash at the time of delivery.
The commissioner shall deposit any money received pursuant to this section in a state
depository subject to withdrawal for disbursement by check for the purposes described by the
commissioner or authorized agent.
The commissioner of finance shall prescribe rules by which the commissioner of natural
resources shall account for the expenditures made pursuant to this section and may require an
additional bond to cover all money paid to the commissioner of natural resources for disbursement
pursuant to this section. Any bond premiums shall be paid by the commissioner from money
available for that purpose.
Unless the legislature specifically otherwise directs in any act appropriating money to the
commissioner of natural resources for the purchase of tree seeds and seed cones, money paid to
the commissioner pursuant to this section shall not cancel on June 30 of any fiscal year and shall
be available for expenditure in the ensuing fiscal year.
History: 1961 c 172 s 1; 1967 c 905 s 5; 1969 c 1129 art 10 s 2; 1973 c 492 s 14; 1981 c
356 s 279; 1986 c 444; 2003 c 112 art 2 s 50
FOREST PESTS, GENERALLY
MS 1957 [Renumbered
Subdivision 1. Applicability.
For the purposes of sections
the terms described
in this section have the meanings ascribed to them.
Subd. 2. Person.
Person, shall include any individual, firm, partnership, corporation, public
or private, association or any other business entity whether or not incorporated.
Subd. 3. Commissioner.
Commissioner, shall mean the commissioner of natural resources.
Subd. 4. Director, Division of Lands and Forestry.
Director, Division of Lands and
Forestry shall include Department of Natural Resources and Department of Agriculture personnel
deputized by the director, Division of Lands and Forestry.
Subd. 5. Control.
Control, includes prevent, retard, suppress, eradicate or destroy.
Subd. 6. Infestation.
"Infestation" includes actual, potential, incipient, or emergent
infestation or infection by forest pests or shade tree pests.
Subd. 7. Cooperators.
Cooperators, shall include state, federal, county, municipal and
private governmental and business organizations and their legal representatives.
Subd. 8.[Repealed, 2007 c 57 art 1 s 170
Subd. 9. Forest land or forest.
"Forest land" or "forest" means land on which occurs a
stand or potential stand of trees valuable for timber products, watershed or wildlife protection,
recreational uses, community forest benefits, or other purposes, and shall include lands owned or
controlled by the state of Minnesota.
Subd. 10. Timber.
Timber, includes forest trees standing or down, alive or dead.
History: 1955 c 676 s 1; 1957 c 295 s 1,2; 1961 c 113 s 1; 1967 c 905 s 5; 1969 c 1129 art 3
s 1; 1976 c 16 s 1; 2007 c 57 art 1 s 58-60
MS 1957 [Renumbered
89.52 SURVEYS, INVESTIGATIONS.
The commissioner shall make surveys and investigations to determine the presence of
infestations of forest pests or shade tree pests. For this purpose, duly designated representatives
of the commissioner may enter at reasonable times on public and private lands to conduct the
surveys and investigations.
History: 1955 c 676 s 2; 1957 c 295 s 3; 2007 c 57 art 1 s 61
MS 1957 [Renumbered
89.53 CONTROL OF FOREST PESTS AND SHADE TREE PESTS.
Subdivision 1. Commissioner's duties; notice of control measures.
commissioner finds that an area in the state is infested or threatened to be infested with forest
pests or shade tree pests, the commissioner shall determine whether measures of control are
needed, what control measures are to be applied, and the area over which the control measures
shall be applied. The commissioner shall prescribe a proposed zone of infestation covering the
area in which control measures are to be applied and shall publish notice of the proposal once
a week, for two successive weeks in a newspaper having a general circulation in each county
located in whole or in part in the proposed zone of infestation. Prescribing zones of infestation
and prescribing measures of control are exempt from the rulemaking provisions of chapter 14
does not apply.
Subd. 2. Notice requirements; public comment.
The notice shall include a description of
the boundaries of the proposed zone of infestation, the control measures to be applied, and a time
and place where municipalities and owners of forest lands or shade trees in the zone may show
cause orally or in writing why the zone and control measures should or should not be established.
The commissioner shall consider any statements received in determining whether the zone shall
be established and the control measures applied.
Subd. 3. Experimental programs.
The commissioner may establish experimental programs
for the control of forest pests or shade tree pests and for municipal reforestation.
History: 1955 c 676 s 3; 1957 c 295 s 4; 1986 c 444; 2004 c 221 s 35; 2007 c 57 art 1 s 62
MS 1957 [Renumbered
89.54 ZONES OF INFESTATION, ESTABLISHMENT.
Upon the decision by the commissioner that the establishment of a zone of infestation is
necessary, the commissioner shall make a written order establishing the zone, and upon making
the order, the zone shall be established. Notice of the establishment of the zone shall thereupon be
published in a newspaper having a general circulation in each county located in whole or in part
in the proposed zone and posted on the Department of Natural Resources Web site.
History: 1955 c 676 s 4; 1957 c 295 s 5; 1986 c 444; 2007 c 57 art 1 s 63
MS 1957 [Renumbered
89.55 INFESTATION CONTROL, COSTS.
Upon the establishment of the zone of infestation, the commissioner may apply measures
of infestation prevention and control on public and private forest and other lands within an
infected zone and to any trees, plants, wood or wood products, or contaminated soil harboring
or which may harbor the forest pests or shade tree pests. For this purpose, the duly authorized
representatives of the commissioner are authorized to enter upon any lands, public or private
within the zone. The commissioner may enter into agreements with owners of the lands in the
zone covering the control work on their lands, and fixing the pro rata basis on which the cost of
the work will be shared between the commissioner and the owner.
History: 1955 c 676 s 5; 1957 c 295 s 6; 2007 c 36 s 1; 2007 c 57 art 1 s 64
89.551 APPROVED FIREWOOD REQUIRED.
(a) After the commissioner issues an order under paragraph (b), a person may not possess
firewood on land administered by the commissioner of natural resources unless the firewood:
(1) was obtained from a firewood distribution facility located on land administered by the
(2) was obtained from a firewood dealer who is selling firewood that is approved by the
commissioner under paragraph (b); or
(3) has been approved by the commissioner of natural resources under paragraph (b).
(b) The commissioner of natural resources shall, by written order published in the State
Register, approve firewood for possession on lands administered by the commissioner. The order
is not subject to the rulemaking provisions of chapter 14 and section
does not apply.
(c) A violation under this section is subject to confiscation of firewood and after May 1,
2008, confiscation and a $100 penalty. A firewood dealer shall be subject to confiscation and
assessed a $100 penalty for each sale of firewood not approved under the provisions of this
section and sold for use on land administered by the commissioner.
(d) For the purposes of this section, "firewood" means any wood that is intended for use in a
campfire, as defined in section
88.01, subdivision 25
History: 2007 c 36 s 2
MS 1957 [Renumbered
Subdivision 1. Statement of expenses; cost to owners.
At the end of each fiscal year and
upon completion of the infestation control measures in any zone of infestation, the commissioner
shall prepare a certified statement of expenses incurred in carrying out the measures, including
expenses of owners covered by agreements entered into pursuant to section
. The statement
shall show the amount that the commissioner determines to be the commissioner's share of the
expenses. The share of the commissioner may include funds and the value of other contributions
made available by the federal government and other cooperators. The balance of the costs shall
constitute a charge on an acreage basis as provided herein against the owners of lands in the zone
containing trees affected or likely to be affected by the forest pests or shade tree pests for which
control measures were conducted. In fixing the rates at which charges shall be made against each
owner, the commissioner shall consider the present commercial value of the trees on the land, the
present and potential benefits to the owner from the application of the control measures, the cost of
applying the measures to the land, and such other factors as in the discretion of the commissioner
will enable determination of an equitable distribution of the cost to all owners. No charge shall be
made against owners to the extent that they have individually or as members of a cooperative
association contributed funds, supplies, or services pursuant to agreement under this section.
Subd. 2. Notice of costs; review.
Notice of said charge and the amount thereof shall be given
to the owner by delivery or by depositing the same in the United States mails in an envelope
properly addressed to the owner and bearing sufficient postage. The owner shall have the right to
protest such charge to the commissioner within 60 days from the date of such notice, and shall
also have the same right to review of such charge as is provided with respect to ad valorem
property assessments. Application for such review shall be made within 60 days from the date of
action by the commissioner on any protest.
Subd. 3. Collection.
The unpaid charges assessed under sections
actions of the commissioner on any protests filed pursuant to subdivision 2, shall be reported to
the tax levying authority for the county in which the lands for which the charges are assessed are
situated and shall be made a public record. Any charges finally determined to be due shall become
a special assessment and shall be payable in the same manner and with the same interest and
penalty charges and with the same procedure for collection as apply to ad valorem property taxes.
Upon collection of the charges, the county treasurer shall forthwith cause the amounts thereof
to be paid to the forest pest and shade tree pest control account created by section
unpaid charge or lien against the lands shall not be affected by the sale thereof or by dissolution
of the zone of infestation.
History: 1955 c 676 s 6; 1957 c 295 s 7; 1967 c 905 s 5; 1976 c 16 s 2; 1986 c 444; 1987 c
384 art 2 s 1; 2007 c 57 art 1 s 65,66
MS 1957 [Renumbered
89.57 DISSOLUTION OF ZONE INFESTATION.
Whenever the commissioner shall determine that forest pest or shade tree pest control work
within an established zone of infestation is no longer necessary or feasible, the commissioner
shall dissolve the zone.
History: 1955 c 676 s 7; 1957 c 295 s 8; 2007 c 57 art 1 s 67
MS 1957 [Renumbered
89.58 FOREST PEST AND SHADE TREE PEST CONTROL ACCOUNT.
All money collected under the provisions of sections
, together with such
money as may be appropriated by the legislature or allocated by the Legislative Advisory
Commission for the purposes of sections
, and such money as may be contributed
or paid by the federal government, or any other public or private agency, organization or
individual, shall be deposited in the state treasury, to the credit of the forest pest and shade tree
pest control account, which account is hereby created, and any moneys therein are appropriated to
the commissioner for use in carrying out the purposes of sections
History: 1955 c 676 s 8; 1957 c 295 s 9; 1975 c 271 s 6; 1990 c 594 art 3 s 4; 2007 c 57
art 1 s 68
MS 1957 [Renumbered
The commissioner may cooperate with the United States or agencies thereof, other agencies
of the state, county or municipal governments, agencies of neighboring states, or other public or
private organizations or individuals and may accept such funds, equipment, supplies, or services
from cooperators and others as the commissioner may provide in agreements with the United
States or its agencies for matching of federal funds as required under laws of the United States
relating to forest pests and shade tree pests.
History: 1955 c 676 s 9; 1957 c 295 s 10; 2007 c 57 art 1 s 69
MS 1957 [Renumbered
89.60 DUTIES, RULES; COMMISSIONER.
The commissioner is authorized to employ personnel in accordance with the laws of this
state, to procure necessary equipment, supplies, and service, to enter into contracts, to provide
funds to any agency of the United States for work or services under sections
, and to
designate or appoint, as the commissioner's representatives, employees of cooperators, including
employees of the United States or any agency thereof. The commissioner may prescribe rules
for carrying out the purposes of this section.
History: 1955 c 676 s 10; 1957 c 295 s 11; 1985 c 248 s 70; 2007 c 57 art 1 s 70
89.62 SHADE TREE PEST CONTROL; GRANT PROGRAM.
Subdivision 1. Grants.
The commissioner may make grants to aid in the control of a
shade tree pest. To be eligible, a grantee must have a pest control program approved by the
(1) defines tree ownership and who is responsible for the costs associated with control
(2) defines the zone of infestation within which the control measures are to be applied;
(3) includes a tree inspector certified under section
and having the authority to enter
and inspect private lands;
(4) has the means to enforce measures needed to limit the spread of shade tree pests; and
(5) provides that grant money received will be deposited in a separate fund to be spent only
for the purposes authorized by this section.
Subd. 2. Grant eligibility.
The following are eligible for grants under this section:
(1) a home rule charter or statutory city or a town that exercises municipal powers under
or any general or special law;
(2) a special park district organized under chapter 398;
(3) a special-purpose park and recreation board;
(4) a soil and water conservation district;
(5) a county; or
(6) any other organization with the legal authority to enter into contractual agreements.
Subd. 3. Rules; applicability to municipalities.
The rules and procedures adopted under
this section by the commissioner apply in a municipality unless the municipality adopts an
ordinance determined by the commissioner to be more stringent than the rules and procedures of
the commissioner. The rules and procedures of the commissioner or the municipality apply to
all state agencies, special purpose districts, and metropolitan commissions as defined in section
473.121, subdivision 5a
, that own or control land adjacent to or within a zone of infestation.
History: 2007 c 57 art 1 s 72
89.63 CERTIFICATION OF TREE INSPECTORS.
(a) The governing body of a municipality may appoint a qualified tree inspector. Two or
more municipalities may jointly appoint a tree inspector for the purpose of administering their
respective pest control programs.
(b) Upon a determination by the commissioner that a candidate for the position of tree
inspector is qualified, the commissioner shall issue a certificate of qualification to the tree
inspector. The certificate is valid for one year. A person certified as a tree inspector by the
commissioner may enter and inspect any public or private property that might harbor forest pests
or shade tree pests. The commissioner shall offer an annual tree inspector certification workshop,
upon completion of which participants are qualified as tree inspectors.
(c) The commissioner may suspend and, upon notice and hearing, decertify a tree inspector if
the tree inspector fails to act competently or in the public interest in the performance of duties.
History: 2007 c 57 art 1 s 73
This chapter does not supersede the authority of the Department of Agriculture under chapter
History: 2007 c 57 art 1 s 74
89.65 FORESTRY EDUCATION.
Subdivision 1. Report on forester education.
By March 1, 1983, the commissioner shall
provide to the respective standing committees on natural resources and finance of the house and
the senate a report on continuing education needs of public and private foresters. The report
shall be done with the assistance and cooperation of the University of Minnesota's Agricultural
Extension Service, Agricultural Experiment Station and College of Forestry, and shall detail the
benefits and costs, including recommendations on licensing and course curricula, of developing a
cooperative continuing education program for forestry professionals.
Subd. 2. Forester continuing education.
By July 1, 1983, the commissioner shall implement
a continuing education program for state foresters in the employ of the Department of Natural
Resources. The program shall be based on recommendations made in the report required in
Subd. 3. Forest management manual.
The commissioner shall prepare and distribute a
forest management manual, stressing the concept of multiple use and education and management
concerns for small landowners who own at least ten acres of woodlands. The manual shall be
prepared with the assistance and cooperation of the University of Minnesota's Agricultural
Extension Service, Agricultural Experiment Station and College of Forestry, and other public
and private forestry organizations.
History: 1982 c 511 s 18
89.66 FORESTRY RESEARCH AND EXTENSION.
Subdivision 1. Agriculture experiment station.
The director of the state agricultural
experiment station at the University of Minnesota is authorized to conduct, support and cooperate
in research activities deemed necessary to obtain scientific information about forest resources.
Activities conducted under this section shall include, but not be limited to, the following:
(a) forest resources management research, including activities related to managing,
reproducing and growing forest vegetation for forest resources purposes;
(b) forest environmental research, including activities related to management of watersheds,
controlling erosion, improving wildlife habitats, reducing water and air pollution and related
(c) forest protection research, including activities related to protection of forest vegetation
from fire, insects, diseases, animals, noxious plants, and air pollutants;
(d) forest utilization research, including activities related to harvesting, transportation,
marketing, and utilization of wood; and
(e) forest resource assessment research, including activities required to inventory and survey
the type and extent of forest resources.
To ensure efficient and effective accomplishment of forest research goals and objectives,
the director of the state agricultural experiment station shall cooperate with other public and
with private forestry organizations seeking scientific forestry information through research,
and provide to the commissioner appropriate forest research results in the development and
implementation of the forest resources management policy and plan.
Subd. 2. Agricultural Extension Service.
The director of the Agricultural Extension
Service at the University of Minnesota is authorized to conduct, support, and cooperate in forestry
extension activities including, but not limited to, the following:
(a) Providing educational programs that will enable individuals to recognize and capture
opportunities for managing forests for purposes of recreation, timber, water, wildlife, forage,
and other purposes;
(b) Using educational programs to disseminate the results of forestry research;
(c) Providing for the forestry educational needs of the private, nonindustrial forest landowner;
(d) Assisting in providing continuing education programs for professionally trained resource
(e) Providing educational programs that will enhance in harvesting, processing, and
marketing of wood;
(f) Assisting in the identification of topics in need of forestry research.
In implementing this subdivision, all appropriate educational methods may be used.
To ensure efficient and effective accomplishment of forestry extension goals and objectives,
the director of the state Extension Service shall cooperate with the commissioner in the
development and implementation of the forest resources management policy and plan, and shall
encourage close cooperation between forestry extension staffs in county, state, and federal
service, and between personnel involved in forestry research and land management in all public
and private agencies.
History: 1982 c 511 s 19
89.70 STATE FOREST ROAD ACCOUNT.
There is created in the state treasury a state forest road account in the special revenue fund,
consisting of money credited under section
296A.18, subdivision 7
. Money in the state forest road
account is appropriated to the commissioner and remains available until expended for:
(1) acquisition, development, maintenance, and administration of state forest roads under
the jurisdiction of the commissioner of natural resources; and
(2) the commissioner's share of the cost of cooperative maintenance agreements made with
other providers of forest roads.
History: 1988 c 686 art 4 s 4; 1998 c 299 s 30
89.71 FOREST ROADS.
Subdivision 1. Designation, inventory, recording.
The commissioner shall designate forest
roads by written order published in the State Register. Designated forest roads, bridges, and
other improvements administered under section
89.002, subdivision 3
, are designated to the
width of the actual use including ditches, backslopes, fills, and maintained right-of-way, unless
otherwise specified in a prior easement of record. The commissioner may undesignate, by written
order published in the State Register, all or part of a state forest road that is not needed to carry
out forest resource management policy. Designations and undesignations are not subject to the
rulemaking provisions of chapter 14 and section
does not apply. The commissioner shall
maintain and keep current an inventory listing and describing roads in which the state claims a
right or property interest for state forest road purposes. The commissioner may file for record with
a county recorder or registrar of titles appropriate documents setting forth the state's interest in
all or part of any state forest road.
Subd. 2. Right-of-way.
Additional rights-of-way and easements, including easements
needed for drainage or slopes, may be acquired by the commissioner by purchase or gift and by
condemnation for safety or environmental protection on existing roads and to provide access to
tracts of public land larger than 1,000 acres having no access, following a public meeting in the
area affected. Rights-of-way and easements shall be designated as state forest roads when needed
for construction, maintenance, or safety of roads.
Subd. 3. Construction; maintenance.
The commissioner shall develop specifications for
the design and construction of state forest roads and shall establish maintenance schedules for
forest roads consistent with their intended use.
Subd. 4. Rules.
In adopting rules relating to the use of state forest roads, the commissioner
may incorporate into the rules, by reference, traffic regulations contained in chapters 169 and
Subd. 5. Posting of minimum-maintenance forest roads.
The commissioner may designate
a state forest road as a minimum-maintenance forest road to be maintained at a level consistent
with the intended use. Designation of a state forest road as a minimum-maintenance forest road
is effective on the posting of signs, at entry points to the road and at regular intervals along the
road, to the effect that the road is a minimum-maintenance forest road and that the user travels on
the road at the user's risk. Posting of the signs is prima facie evidence that adequate notice of
minimum-maintenance status has been given to the public. Liability on a road designated under
this subdivision is governed by section
160.095, subdivision 4
Subd. 6. Conveyance of unneeded roads to other governments.
When the commissioner
undesignates a state forest road and determines that the road is no longer needed for any state
purpose, the commissioner may convey by mutual agreement, in the manner provided in section
, the state interest in the road to the United States, the state of Minnesota, or any of its
subdivisions, whether or not the road is on state land.
Subd. 7. Commissioner not a road authority under highway laws.
Except as otherwise
provided, the commissioner is not a road authority under chapters 160 to 168, and chapters 160 to
168 do not apply to forest roads unless specifically made applicable by law or rule.
History: 1988 c 686 art 4 s 5; 2000 c 478 art 2 s 7; 2004 c 221 s 36; 2005 c 141 s 1
89.715 ALTERNATIVE RECORDING FOR STATE FOREST ROAD.
Subdivision 1. Authorization.
The commissioner may adopt a recorded state forest road map
under this section to record the department's state forest road prescriptive easements. For purposes
of this section, "recorded state forest road map" means the official map of state forest roads.
Subd. 2. Map requirements.
The recorded state forest road map must:
(1) show state forest roads at the time the map is adopted;
(2) be prepared at a scale of at least four inches equals one mile;
(3) include section numbers;
(4) include a north point arrow;
(5) include the name of the county and state;
(6) include a blank and a description under the blank for the date of public hearing and
date of adoption;
(7) include blanks for signatures and dates of signatures for the commissioner; and
(8) include a list of legal descriptions of all parcels crossed by state forest road prescriptive
Subd. 3. Procedure to adopt map.
(a) The commissioner must prepare an official map
for each county or smaller geographic area as determined by the commissioner as provided in
subdivision 2, and set a time, place, and date for a public hearing on adopting a recorded state
forest road map to record roads.
(b) The hearing notice must state that the roads to be recorded will be to the width of the
actual use including ditches, backslopes, fills, and maintained rights-of-way, unless otherwise
specified in a prior easement of record. The hearing notice must be published once a week for two
successive weeks in a qualified newspaper of general circulation that serves the county or smaller
geographic areas as determined by the commissioner, the last publication to be made at least ten
days before the date of the public hearing. At least 30 days before the hearing, the hearing notice
must be sent by certified mail to the property owners directly affected in the county or smaller
geographic areas as determined by the commissioner at the addresses listed on the tax assessment
notices at least seven days before appearing in the qualified newspaper. The hearing notice may
be sent with the tax assessment, but all additional costs incurred shall be billed to the department.
(c) After the public hearing is held, the commissioner may amend and adopt the recorded
state forest road map. The recorded state forest road map must be dated and signed by the
commissioner and must be recorded with the county recorder within 90 days after the map
(d) The recorded state forest road map that is recorded with the county recorder must comply
with the standards of the county recorder where the state forest roads are located.
(e) A recorded state forest road map that was prepared by using aerial photographs to
establish road centerlines and that has been duly recorded with the county recorder is an adequate
description for purposes of recording road easements and the map is the legally constituted
description and prevails when a deed for a parcel abutting a road contains no reference to a road
easement. Nothing prevents the commissioner from accepting a more definitive metes and bounds
or survey description of a road easement for a road of record if the description of the easement is
referenced to equal distance on both sides of the existing road centerline.
(f) The commissioner shall consult with representatives of county land commissioners,
county auditors, county recorders, and Torrens examiners in implementing this subdivision.
Subd. 4. Appeal.
(a) Before filing an appeal under paragraph (b), a person may seek
resolution of concerns regarding a decision to record a road under this section by contacting the
commissioner in writing.
(b) A person may appeal a decision to record or exclude recording a road under this section to
the district court within 120 days after the date the commissioner adopts the state forest road map.
Subd. 5. Unrecorded road or trail not affected.
This section does not affect or diminish the
legal status or state obligations of roads and trails not shown on the recorded state forest road map.
Subd. 6. Exemption.
Adoption of a recorded state forest road map under this section is
exempt from the rulemaking requirements of chapter 14 and section
does not apply.
History: 2005 c 101 s 1
89.72 COUNTY FOREST ACCESS ROAD ACCOUNT.
There is created in the state treasury a county forest access road account in the special
revenue fund, consisting of money credited under section
296A.18, subdivision 7
. Money in the
county forest access road account is appropriated to the commissioner for distribution to counties
managing forest lands administered through a county land department under the jurisdiction
of a land commissioner appointed under section
. The payments must be made by July
15 and January 15 of each year through the commissioner and in proportion to each county's
ownership of commercial forest lands, for purposes of constructing, reconstructing, acquiring,
and maintaining county management access roads, including the acquisition of rights-of-way or
easements as may be needed.
History: 1988 c 686 art 4 s 6; 1998 c 299 s 30