2003 Minnesota Statutes

     18.78 Control or eradication of noxious weeds. 

    Subdivision 1.    Generally.  A person owning land, a 
 person occupying land, or a person responsible for the 
 maintenance of public land shall control or eradicate all 
 noxious weeds on the land at a time and in a manner ordered by 
 the county agricultural inspector or a local weed inspector. 

    Subd. 2.    Control of purple loosestrife.  An owner of 
 nonfederal lands underlying public waters or wetlands designated 
 under section 103G.201 is not required to control or eradicate 
 purple loosestrife below the ordinary high water level of the 
 public water or wetland.  The commissioner of natural resources 
 is responsible for control and eradication of purple loosestrife 
 on public waters and wetlands designated under section 103G.201, 
 except those located upon lands owned in fee title or managed by 
 the United States.  The officers, employees, agents, and 
 contractors of the commissioner of natural resources may enter 
 upon public waters and wetlands designated under section 
 103G.201 and, after providing notification to the occupant or 
 owner of the land, may cross adjacent lands as necessary for the 
 purpose of investigating purple loosestrife infestations, 
 formulating methods of eradication, and implementing control and 
 eradication of purple loosestrife.  The commissioner of natural 
 resources shall, by June 1 of each year, compile a priority list 
 of purple loosestrife infestations to be controlled in 
 designated public waters.  The commissioner of natural resources 
 must distribute the list to county agricultural inspectors, 
 local weed inspectors, and their appointed agents.  The 
 commissioner of natural resources shall control listed purple 
 loosestrife infestations in priority order within the limits of 
 appropriations provided for that purpose.  This procedure shall 
 be the exclusive means for control of purple loosestrife on 
 designated public waters by the commissioner of natural 
 resources and shall supersede the other provisions for control 
 of noxious weeds set forth elsewhere in this chapter.  The 
 responsibility of the commissioner of natural resources to 
 control and eradicate purple loosestrife on public waters and 
 wetlands located on private lands and the authority to enter 
 upon private lands ends ten days after receipt by the 
 commissioner of a written statement from the landowner that the 
 landowner assumes all responsibility for control and eradication 
 of purple loosestrife under sections 18.78 to 18.88.  State 
 officers, employees, agents, and contractors of the commissioner 
 of natural resources are not liable in a civil action for 
 trespass committed in the discharge of their duties under this 
 section and are not liable to anyone for damages, except for 
 damages arising from gross negligence. 

    HIST: 1992 c 500 s 4; 2003 c 128 art 3 s 14