2007 Minnesota Statutes

CHAPTER 89A. SUSTAINABLE FOREST RESOURCES

89A.01 DEFINITIONS.
    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, have the meanings given.
    Subd. 2. Advisory committee. "Advisory committee" means the Forest Resources Research
Advisory Committee established under section 89A.08.
    Subd. 3. Biological diversity. "Biological diversity" means the variety and abundance of
species, their genetic composition, and the communities and landscapes in which they occur,
including the ecological structures, functions, and processes occurring at all of these levels.
    Subd. 4. Commissioner. "Commissioner" means the commissioner of natural resources or
agent of the commissioner.
    Subd. 5. Council. "Council" means the Minnesota Forest Resources Council established by
section 89A.03.
    Subd. 6. Department. "Department" means the Department of Natural Resources.
    Subd. 7. Forest resources. "Forest resources" has the meaning given in section 89.001,
subdivision 8 .
    Subd. 8. Guidelines. "Guidelines" means the comprehensive timber harvesting and forest
management guidelines developed under section 89A.05.
    Subd. 9. Landscape. "Landscape" means a heterogenous land area composed of interacting
sustainable forest resources that are defined by natural features and socially defined attributes.
    Subd. 10. Landscape-level. "Landscape-level" means typically long-term or broad-based
efforts that may require extensive analysis or planning over large areas that may involve or
require coordination across land ownerships.
    Subd. 10a. Peer review. "Peer review" means a scientifically based review conducted by
individuals with substantial knowledge and experience in the subject matter.
    Subd. 11. Regional committee. "Regional committee" means a regional forest resources
committee established under section 89A.06.
    Subd. 12. Site-level. "Site-level" means efforts affecting operational procedures used in
the planning and implementation of timber harvesting and forest management activities on an
individual site or local scale.
    Subd. 13. Sustainable. "Sustainable" means meeting the needs of the present without
compromising the ability of future generations to meet their own needs.
History: 1995 c 220 s 78,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 114,191;
1Sp2001 c 2 s 151; 2002 c 379 art 1 s 108

89A.02 POLICY.
It is the policy of the state to:
(1) pursue the sustainable management, use, and protection of the state's forest resources to
achieve the state's economic, environmental, and social goals;
(2) encourage cooperation and collaboration between public and private sectors in the
management of the state's forest resources;
(3) recognize and consider forest resource issues, concerns, and impacts at the site and
landscape levels; and
(4) recognize the broad array of perspectives regarding the management, use, and protection
of the state's forest resources, and establish processes and mechanisms that seek and incorporate
these perspectives in the planning and management of the state's forest resources.
Nothing in this chapter abolishes, repeals, or negates any existing authorities related to
managing and protecting the state's forest resources.
History: 1995 c 220 s 79,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 115,191;
1Sp2001 c 2 s 151; 2002 c 379 art 1 s 108

89A.03 MINNESOTA FOREST RESOURCES COUNCIL.
    Subdivision 1. Membership. The governor must appoint a chair and 15 other members to
the Minnesota Forest Resources Council. The Indian Affairs Council will appoint one additional
member. When making appointments to the council, the governor must appoint knowledgeable
individuals with an understanding of state forest resource issues who fairly reflect a balance of the
various interests in the sustainable management, use, and protection of the state's forest resources
in order to achieve the purpose and policies specified in subdivision 2 and section 89A.02. The
council membership appointed by the governor must include the following individuals:
(1) two representatives from organizations representing environmental interests within
the state;
(2) a representative from an organization representing the interests of management of game
species;
(3) a representative from a conservation organization;
(4) a representative from an association representing forest products industry within the state;
(5) a commercial logging contractor active in a forest product association;
(6) a representative from a statewide association representing the resort and tourism industry;
(7) a faculty or researcher of a Minnesota research or higher educational institution;
(8) an owner of nonindustrial, private forest land of 40 acres or more;
(9) an owner of nonindustrial, private forest land;
(10) a representative from the department;
(11) a county land commissioner who is a member of the Minnesota Association of County
Land Commissioners;
(12) a representative from the United States Forest Service unit with land management
responsibility in Minnesota;
(13) a representative from a labor organization with membership having an interest in forest
resource issues;
(14) an individual representing a secondary wood products manufacturing organization; and
(15) a chair.
    Subd. 2. Purpose. The council must develop recommendations to the governor and to
federal, state, county, and local governments with respect to forest resource policies and practices
that result in the sustainable management, use, and protection of the state's forest resources. The
policies and practices must:
(1) acknowledge the interactions of complex sustainable forest resources, multiple ownership
patterns, and local to international economic forces;
(2) give equal consideration to the long-term economic, ecological, and social needs and
limits of the state's forest resources;
(3) foster the productivity of the state's forests to provide a diversity of sustainable benefits
at site-levels and landscape-levels;
(4) enhance the ability of the state's forest resources to provide future benefits and services;
(5) foster no net loss of forest land in Minnesota;
(6) encourage appropriate mixes of forest cover types and age classes within landscapes to
promote biological diversity and viable forest-dependent fish and wildlife habitats;
(7) encourage collaboration and coordination with multiple constituencies in planning and
managing the state's forest resources; and
(8) address the environmental impacts and implement mitigations as recommended in the
generic environmental impact statement on timber harvesting.
    Subd. 3. Council meetings. At a minimum, meetings of the council and all of the committees,
task forces, technical teams, regional committees, and other groups the council may establish must
be conducted in accordance with chapter 13D. Except where prohibited by law, the council must
establish additional processes to broaden public involvement in all aspects of its deliberations.
    Subd. 4. Council staff. The council shall employ an executive director who shall have the
authority to employ staff. Technical expertise that will enable the council to carry out its functions
must be provided to the council by those interests represented on the council.
    Subd. 5. Membership regulation. Terms, compensation, nomination, appointment, and
removal of council members are governed by section 15.059. Section 15.059, subdivision 5, does
not govern the expiration date of the council.
    Subd. 6. Report. The council must report to the governor and to the legislative committees
and divisions with jurisdiction over environment and natural resource policy and finance by
February 1 of each year. The report must describe the progress and accomplishments made by the
council during the preceding year.
    Subd. 7.[Repealed by amendment, 1999 c 231 s 116]
History: 1995 c 220 s 80,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1998 c 401 s 30; 1999
c 231 s 116,191; 1Sp2001 c 2 s 151; 2002 c 379 art 1 s 108

89A.04 PARTNERSHIP.
It is the policy of the state to encourage forest landowners, forest managers, and loggers to
establish a partnership in which the implementation of council recommendations can occur
in a timely and coordinated manner across ownerships. The partnership shall serve as a
forum for discussing operational implementation issues and problem solving related to forest
resources management and planning concerns, and be responsive to the recommendations of the
council. This partnership shall also actively foster collaboration and coordination among forest
managers and landowners in addressing landscape-level operations and concerns. In fulfilling its
responsibilities as identified in this chapter, the partnership may advise the council. Nothing in
this section shall imply extra rights or influence for the partnership.
History: 1995 c 220 s 81,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 117,191;
1Sp2001 c 2 s 151; 2002 c 379 art 1 s 108

89A.05 TIMBER HARVESTING AND FOREST MANAGEMENT GUIDELINES.
    Subdivision 1. Development. The council shall coordinate the development of
comprehensive timber harvesting and forest management guidelines. The guidelines must address
the water, air, soil, biotic, recreational, and aesthetic resources found in forest ecosystems by
focusing on those impacts commonly associated with applying site-level forestry practices.
The guidelines must reflect a range of practical and sound practices based on the best available
scientific information, and be integrated to minimize conflicting recommendations while being
easy to understand and implement. By June 30, 2003, the council shall review the guidelines and
identify potential revisions. If deemed necessary, the council shall update the guidelines by
June 30, 2005. Changes to the guidelines shall be peer reviewed prior to final adoption by the
council. By December 1999, the council must undertake a peer review of the recommendations
in the forest management guidelines adopted in December 1998 for protecting forest riparian
areas and seasonal ponds.
    Subd. 2. Economic considerations. Before the implementation of timber harvesting and
forest management guidelines, new site-level practices and landscape-level programs, the council
shall analyze the costs and benefits of new site-level practices and landscape-level programs.
When the analysis concludes that new landscape-level programs and site-level practices will
result in adverse economic effects, including decreased timber supply and negative effects on
tourism, opportunities to offset those effects must be explored. The council shall also:
(1) identify and quantify forest and timberland acreages that will no longer be available
for harvest; and
(2) encourage public resource agencies to provide sustainable, predictable supplies of
high-quality forest resource benefits, including timber supplies that are consistent with their
multiple mandates and diverse management objectives. These benefits should be provided by
public resource agencies in proportion to their forest land's capability to do so.
    Subd. 2a. Review. In reviewing the guidelines, the council must consider information from
forest resources, practices, compliance, and effectiveness monitoring programs of the department.
The council's recommendations relating to revisions to the forest management guidelines must be
subject to peer reviewers appointed by the council. The council must consider recommendations
of peer reviewers prior to final adoption of revisions to the guidelines.
    Subd. 3. Application. The timber harvesting and forest management guidelines are
voluntary. Prior to their actual use, the council must develop guideline implementation goals for
each major forest land ownership category. If the information developed as a result of forest
resources, practices, compliance, and effectiveness monitoring programs conducted by the
department or other information obtained by the council indicates the implementation goals for
the guidelines are not being met and the council determines significant adverse impacts are
occurring, the council shall recommend to the governor additional measures to address those
impacts. The council must incorporate the recommendations as part of the council's biennial
report required by section 89A.03, subdivision 6.
    Subd. 4. Monitoring riparian forests. The commissioner, with program advice from the
council, shall accelerate monitoring the extent and condition of riparian forests, the extent to
which harvesting occurs within riparian management zones and seasonal ponds, and the use
and effectiveness of timber harvesting and forest management guidelines applied in riparian
management zones and seasonal ponds. This information shall, to the extent possible, be
consistent with the monitoring programs identified in section 89A.07. Information gathered
on riparian forests and timber harvesting in riparian management zones and seasonal ponds
as specified in this subdivision shall be presented to the legislature by February 2001 and in
subsequent reports required in section 89A.03, subdivision 6.
History: 1995 c 220 s 82,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 118,191;
1Sp2001 c 2 s 151; 2002 c 376 s 4; 2002 c 379 art 1 s 108

89A.06 LANDSCAPE-LEVEL FOREST RESOURCE PLANNING AND
COORDINATION.
    Subdivision 1. Framework. The council must establish a framework that will enable
long-range strategic planning and landscape coordination to occur, to the extent possible, across
all forested regions of the state and across all ownerships. The framework must include:
(1) identification of the landscapes within which long-range strategic planning of forest
resources can occur, provided that the landscapes must be delineated based on broadly defined
ecological units and existing classification systems, yet recognize existing political and
administrative boundaries and planning processes;
(2) a statement of principles and goals for landscape-based forest resource planning; and
(3) identification of a general process by which landscape-based forest resource planning
occurs, provided that the process must give considerable latitude to design planning processes
that fit the unique needs and resources of each landscape; reflect a balanced consideration of the
economic, social, and environmental conditions and needs of each landscape; and interface and
establish formats that are compatible with other landscape-based forest resource plans.
    Subd. 2. Regional forest resource committees. To foster landscape-based forest resource
planning, the council must establish regional forest resource committees. Each regional committee
shall:
(1) include representative interests in a particular region that are committed to and involved
in landscape planning and coordination activities;
(2) serve as a forum for landowners, managers, and representative interests to discuss
landscape forest resource issues;
(3) identify and implement an open and public process whereby landscape-based strategic
planning of forest resources can occur;
(4) integrate its report with existing public and private landscape planning efforts in the
region;
(5) facilitate landscape coordination between existing regional landscape planning efforts of
land managers, both public and private;
(6) identify and facilitate opportunities for public participation in existing landscape planning
efforts in this region;
(7) identify sustainable forest resource goals for the landscape and strategies to achieve
those goals; and
(8) provide a regional perspective to the council with respect to council activities.
    Subd. 2a. Regional forest committee reporting. The council must report annually on the
activities and progress made by the regional forest committees established under subdivision
2, including the following:
(1) by December 1, 1999, the regional committee for the council's northeast landscape
will complete the identification of draft desired future outcomes, key issues, and strategies for
the landscape;
(2) by July 1, 2000, the council will complete assessments for the council's north central and
southeast landscape regions;
(3) by July 1, 2001, the regional committees for the north central and southeast landscapes
will complete draft desired future outcomes, key issues, and strategies for their respective
landscapes; and
(4) by June 30, 2002, all remaining landscape regions must complete assessments and by
June 30, 2003, desired future outcomes and strategies for all remaining regions except the
northern, east central, metropolitan, and prairie regions. By June 30, 2004, the northern region
must complete desired future outcomes and strategies, and by June 30, 2005, the east central
region must complete desired future outcomes and strategies.
    Subd. 3. Regional committee officers and staff. The council chair may appoint a chair from
the regional committee participants. The council must include in its budget request sufficient
resources for each regional committee to carry out its mission as defined in this section.
    Subd. 4. Report. Each regional committee must report to the council its work activities
and accomplishments.
History: 1995 c 220 s 83,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 119,191;
1Sp2001 c 2 s 102,151; 2002 c 376 s 5; 2002 c 379 art 1 s 108

89A.07 MONITORING.
    Subdivision 1. Forest resource monitoring. The commissioner shall establish a program for
monitoring broad trends and conditions in the state's forest resources at statewide, landscape, and
site levels. The council shall provide oversight and program direction for the development and
implementation of the monitoring program. To the extent possible, the information generated
under the monitoring program must be reported in formats consistent with the landscape regions
used to accomplish the planning and coordination activities specified in section 89A.06. To the
extent possible, the program must incorporate data generated by existing resource monitoring
programs. The commissioner shall report to the council information on current conditions and
recent trends in the state's forest resources.
    Subd. 2. Practices and compliance monitoring. The commissioner shall establish a
program for monitoring silvicultural practices and application of the timber harvesting and
forest management guidelines at statewide, landscape, and site levels. The council shall provide
oversight and program direction for the development and implementation of the monitoring
program. To the extent possible, the information generated by the monitoring program must be
reported in formats consistent with the landscape regions used to accomplish the planning and
coordination activities specified in section 89A.06. The commissioner shall report to the council
on the nature and extent of silvicultural practices used, and compliance with the timber harvesting
and forest management guidelines.
    Subd. 3. Effectiveness monitoring. The commissioner, in cooperation with other research
and land management organizations, shall evaluate the effectiveness of practices to mitigate
impacts of timber harvesting and forest management activities on the state's forest resources. The
council shall provide oversight and program direction for the development and implementation of
this monitoring program. The commissioner shall report to the council on the effectiveness of
these practices.
    Subd. 4. Other studies and programs. The council shall monitor the implementation of
other programs, formal studies, and initiatives affecting Minnesota's forest resources.
    Subd. 5. Citizen concerns. The council shall facilitate the establishment of a process to
accept comments from the public on negligent timber harvesting or forest management practices.
History: 1995 c 220 s 84,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s
120,121,191; 1Sp2001 c 2 s 151; 2002 c 379 art 1 s 108

89A.08 RESEARCH ADVISORY COMMITTEE.
    Subdivision 1. Establishment. The council shall appoint a Forest Resources Research
Advisory Committee. The committee must consist of representatives of:
(1) the College of Natural Resources, University of Minnesota;
(2) the Natural Resources Research Institute, University of Minnesota;
(3) the department;
(4) the North Central Forest Experiment Station, United States Forest Service; and
(5) other organizations as deemed appropriate by the council.
    Subd. 2. Purpose. The purpose of the advisory committee is to foster the identification and
undertaking of priority forest resources research activities by encouraging:
(1) collaboration between organizations with responsibilities for conducting forest resources
research;
(2) linkages between researchers in different disciplines in conducting forest resources
research; and
(3) interaction and communication between researchers and practitioners in the development
and use of forest resources research.
    Subd. 3. Research assessment. The advisory committee shall periodically undertake an
assessment of strategic directions in forest resources research. The assessment must be based on
input provided by administrators, researchers, practitioners, and the general public, and include:
(1) an assessment of the current status of forestry resources research in the state;
(2) an identification of important forest resource issues in need of research;
(3) an identification of priority forest research activities whose results will enable a better
understanding of site-level and landscape-level impacts resulting from timber harvesting and
forest management activities; and
(4) an assessment of the progress toward addressing the priority forest resources research
needs identified.
The forest resources research assessment must be made widely available to the research
community, forest managers and users, and the public.
    Subd. 4. Research delivery. Based on the priority forest resources research activities
identified in subdivision 3, the advisory committee shall promote these research needs and the
dissemination of findings to the research community, forest managers and users, and the public.
    Subd. 5. Research and practitioner linkages. The advisory committee shall periodically
facilitate forums to increase communications between the individuals and organizations
conducting forest resources research and the users of the research.
    Subd. 6. Report. The advisory committee shall report to the council its accomplishments in
fulfilling the responsibilities identified in this section.
History: 1995 c 220 s 85,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 191;
1Sp2001 c 2 s 151; 2002 c 379 art 1 s 108

89A.09 INTERAGENCY INFORMATION COOPERATIVE.
    Subdivision 1. Establishment. The dean of the University of Minnesota, College of Natural
Resources, shall be encouraged to coordinate the establishment of an Interagency Information
Cooperative. Members of the cooperative must include:
(1) the University of Minnesota, College of Natural Resources;
(2) the University of Minnesota, Natural Resources Research Institute;
(3) the department;
(4) the Land Management Information Center;
(5) the Minnesota Association of County Land Commissioners;
(6) the United States Forest Service; and
(7) other organizations as deemed appropriate by the members.
    Subd. 2. Purpose. The purposes of the cooperative are to:
(1) coordinate the development and use of forest resources data in the state;
(2) promote the development of statewide guidelines and common language to enhance the
ability of public and private organizations and institutions to share forest resources data;
(3) promote the development of information systems that support access to important forest
resources data;
(4) promote improvement in the accuracy, reliability, and statistical soundness of
fundamental forest resources data;
(5) promote linkages and integration of forest resources data to other natural resource
information;
(6) promote access and use of forest resources data and information systems in
decision-making by a variety of public and private organizations;
(7) promote expanding the capacity and reliability of forest growth, succession, and other
types of ecological models; and
(8) conduct a needs assessment for improving the quality and quantity of information
systems.
    Subd. 3. Report. The information cooperative shall report to the council its accomplishments
in fulfilling the responsibilities identified in this section.
History: 1995 c 220 s 86,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 191;
1Sp2001 c 2 s 151; 2002 c 379 art 1 s 108; 2004 c 241 s 4

89A.10 CONTINUING EDUCATION; CERTIFICATION.
It is the policy of the state to encourage timber harvesters and forest resource professionals
to establish continuing education programs within their respective professions that promote
sustainable forest management. The council shall, where appropriate, facilitate the development
of these programs.
History: 1995 c 220 s 87,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 122,191;
1Sp2001 c 2 s 151; 2002 c 379 art 1 s 108

89A.11 REPEALER.
    Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 89A.07; 89A.08; 89A.09;
89A.10; and 89A.11, are repealed June 30, 2017.
History: 2002 c 379 art 1 s 28; 2007 c 57 art 1 s 75