2006 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 with herbicides 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
funding allocated for that purpose. This procedure 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.
History: 1992 c 500 s 4; 2003 c 128 art 3 s 14; 2004 c 243 s 2