2000 Minnesota Statutes

     18.0225 Grasshopper control program. 

    (a) The commissioner of agriculture shall develop and 
 implement a grasshopper control program to prevent crop damage 
 in the grasshopper control zone.  Within grasshopper control 
 zones the commissioner, counties, local weed inspectors, and 
 landowners have the same authorities and duties under chapter 18 
 for grasshoppers as if grasshoppers are noxious weeds under 
 chapter 18.  After consultation and cooperation with the 
 Minnesota extension service entomologist, the commissioner must 
 develop the program to economically and efficiently control 
 grasshoppers and to minimize adverse environmental impact, 
 including the selection of pesticides and prescription of 
 application rates. 

    (b) Notwithstanding the provisions of this chapter, the 
 board of a town designated by the commissioner as a grasshopper 
 control zone may appoint a grasshopper control advisory 
 committee of members who are residents of the township.  The 
 advisory committee must include: 

    (1) at least one owner of land enrolled in the conservation 
 reserve program if any land is enrolled and an owner of enrolled 
 land is willing to serve; and 

    (2) at least one dairy farmer if dairying occurs in the 
 township and a dairy farmer is willing to serve. 

    If the town board appoints a grasshopper control advisory 
 committee, the board must seek the advice of the advisory 
 committee before the issuance of each order for grasshopper 
 control or the advisory committee may adopt guidelines for 
 issuing grasshopper control orders. 

    (c) The grasshopper control program must utilize proven 
 methods of grasshopper control and the commissioner may make 
 grants for experimental methods of control in selected areas. 

    (d) Before any grasshopper control measures, including, but 
 not limited to, spraying or the deposit of pelletized controls, 
 are applied on or to streams, lakes, waterways, or public 
 waters, the commissioner shall seek the review and approval of 
 the commissioner of natural resources.  As used in this 
 paragraph, "streams, lakes, waterways, or public waters," does 
 not include farm ditches, drainage ditches, or county ditches. 

    (e) The commissioner, upon written request from any person 
 or organization, may exempt from grasshopper control measures a 
 parcel of land that the commissioner, in consultation with the 
 commissioner of natural resources, determines to be of 
 particular, unique scientific or natural significance or is 
 particularly sensitive to the use of insecticides or other 
 control methods being used.  The commissioner must consider 
 previous pesticide applications to the property to be exempted 
 and agricultural practices conducted on the property.  The 
 exemption may be conditional, may apply to all or part of the 
 property requested, and may be revoked by the commissioner at 
 any time.  An exemption granted under this paragraph is for 
 mandatory grasshopper control and does not affect liability 
 under other law. 

    (f) The request for exemption must include at least the 
 following: 

    (1) the name and address of the person or organization 
 making the request; 

    (2) the acreage and legal description of the parcel; 

    (3) a statement of the specific reasons why an exemption is 
 requested; and 

    (4) any agreements for grasshopper control and any other 
 information required by the commissioner. 

    (g) Upon notice of the approval of an exemption, the owner 
 of the exempted property must mail the following notice to 
 adjoining landowners: 

    "(Name of exempt landowner) has requested and the 
 commissioner of agriculture has exempted (description of land 
 exempted) from mandatory grasshopper control measures due to the 
 scientific or natural significance or sensitivity to 
 insecticides of the property.  It is the intent of (landowner's 
 name) not to control grasshoppers on the property.  If you have 
 questions about how you may make an agreement for grasshopper 
 control you may contact (exempt landowner's name, address, and 
 phone number). 

    Cost-sharing may be available for treatment of grasshoppers 
 on your property.  For more information contact the commissioner 
 of agriculture. 

    The exemption does not affect liability under other law."  

    (h) A decision of the commissioner under paragraph (e) must 
 be in writing and delivered to the person or organization making 
 the request and the clerk of the town in which the property is 
 located.  The commissioner, counties, towns, and their agents 
 are not liable for damages from exemptions granted under this 
 section. 

    (i) From funds appropriated for this purpose, the 
 commissioner must reimburse a person for the cost of grasshopper 
 control measures in a 20-rod wide buffer area on property 
 adjacent to property exempted from grasshopper control measures 
 under paragraph (e), to the extent funds are available.  
 Reimbursement to a person must be made only upon receipt of a 
 completed application form indicating the need for treatment 
 based on an inspector's determination that the exempted property 
 has grasshoppers in densities greater than the density 
 determined by the commissioner to cause economic or potential 
 economic damage for all affected lands and identifying the 
 location of the treatment.  For each application, reimbursement 
 must be 50 percent of cost not to exceed $4 reimbursement per 
 acre for aerial spraying and $2.50 reimbursement per acre for 
 ground spraying. 

    HIST: 1989 c 350 art 10 s 3; 1990 c 607 s 1