piers109uk/MN-Statutes huggingface dataset:
97B.903 USE OF BODY-GRIPPING TRAPS.
A person may not set, place, or operate, except as a water set, a body-gripping or conibear-type trap on public lands and waters that has a maximum jaw opening when set greater than 6-1/2 inches and less than 7-1/2 inches measured from the inside edges of the body-gripping portions of the jaws, unless:
(1) the trap is in a baited or unbaited enclosure and the trap trigger is recessed seven inches or more from the top and frontmost portion of the open end of the enclosure;
(2) no bait, lure, or other attractant is placed within 20 feet of the trap; or
(3) the trap is elevated at least three feet above the surface of the ground or snowpack.
97A.535 POSSESSING AND TRANSPORTING DEER, BEAR, ELK, AND MOOSE.
(a) A person may not possess or transport deer, bear, elk, or moose taken in the state unless the person has the required license and validation for that animal as prescribed by the commissioner.
(b) The license must be validated at the site of the kill as prescribed by the commissioner.
[See Note.]
Deer, bear, elk, and moose must be registered as prescribed by the commissioner.
[See Note.]
A deer that has been validated as required in subdivision 1 may be quartered at the site of the kill. The animal's head must remain attached to one of the quarters. The quarters must be presented together for registration under subdivision 2 and must remain together until the deer is processed for storage.
[See Note.]
A person may transport deer, bear, one elk, or moose during the open season and the two days following the season, and afterwards as prescribed by the commissioner.
A person other than the licensee may transport deer, bear, elk, or moose that the licensee has registered as prescribed by the commissioner. The person transporting the animal must possess documentation with the address, license number, and full legal name of the licensee and the locations from which and to which the animal is being transported.
[See Note.]
A resident that has a license to take deer, bear, elk, or moose may transport the head or hide of the animal within or out of the state for mounting or tanning. The hides of deer, bear, elk, and moose, and the claws of bear legally taken and with the tags that are required by this section, may be bought, sold, and transported at any time.
97A.545 TRANSPORTING GAME BIRDS.
A resident that ships game birds to the resident by common carrier without being in the vehicle may not make more than three shipments during a license year. A shipment may not contain more than the resident's daily limit.
A nonresident that ships game birds to the nonresident by common carrier without being in the vehicle must obtain a shipping permit from the commissioner. The commissioner shall issue the permit upon request, without a fee. The carrier receiving the shipment must cancel the permit as prescribed by the commissioner.
A person must obtain a permit from the commissioner to ship game birds to another person within or out of the state. The person must have the licenses required to take the game birds.
(a) A person may transport into the state game birds that are lawfully taken and possessed outside of this state.
(b) A resident may ship the game birds by common carrier within the state. A nonresident may ship the game birds out of the state by common carrier. Each shipment must be tagged or sealed by a conservation officer as prescribed by the commissioner.
(a) Except as provided in paragraph (b), a person may ship or otherwise transport game birds in an undressed condition only.
(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:
(1) were taken on a shooting preserve and are marked or identified in accordance with section 97A.121, subdivision 5;
(2) were taken, dressed, and lawfully shipped or otherwise transported in another state;
(3) are migratory game birds that were lawfully tagged and packed by a federally permitted migratory bird preservation facility; or
(4) are doves shipped or transported in accordance with federal law.
97A.551 POSSESSING AND TRANSPORTING FISH.
[Repealed, 1987 c 149 art 1 s 54]
A person may not transport game fish or native rough fish taken in another state or country through the state during the closed season or in excess of the possession limit unless the fish are:
(1) transported by common carrier; or
(2) tagged, sealed, or marked as prescribed by the commissioner.
A person that has a license to take fish may make three shipments of fish in a license year to any person within or out of the state after obtaining a permit for each shipment from the commissioner. A shipment may not contain more than a possession limit of one species of fish per licensee.
Walleye and northern pike may be possessed, transported, or shipped in a dressed or undressed condition.
The commissioner may adopt rules for the preparation and packing of fish for transportation.
The commissioner may, by rule, require persons taking, possessing, and transporting certain species of fish to possess an endorsement for and register the fish. A person may not possess or transport a fish species taken in the state for which a special fish-management registration is required unless the fish is registered or validated in a manner prescribed by the commissioner. The commissioner shall prescribe the manner of issuance and the type of endorsement as authorized under section 97C.087. Immediately upon reducing the fish to possession, the licensee must validate the license and the license must remain with the fish until the fish is registered. Species for which a special fish management registration is required must be transported undressed, except as otherwise prescribed by the commissioner.
[See Note.]
97B.9251 BEAVER SEASON.
The commissioner may establish open seasons and restrictions for taking beaver from 9:00 a.m. on the Saturday nearest October 26 in the North Zone and from 9:00 a.m. on the Saturday nearest October 30 in the South Zone. The seasons shall be open until May 15.
97B.926 PINE MARTEN AND FISHER ZONE.
Where a combined pine marten and fisher trapping zone exists, the commissioner must provide an option of a combined limit of fisher and marten.
97A.56 FERAL SWINE.
(a) The definitions in this subdivision apply to this section.
(b) "Domestic hogs" means members of the subspecies Sus scrofa domesticus.
(c) "Feral swine" means an animal of the family Suidae or Tayassuidae that lives in the wild or has lived in the wild during any part of the animal's lifetime. Feral swine includes released domestic hogs, unless the owner satisfies the notification requirements of section 17.457, subdivision 4, and recovers the released domestic hogs within 72 hours of notification.
(d) "Release" has the meaning given under section 17.457, subdivision 1.
(a) Unless authorized by permit under section 17.457, subdivision 3, a person may not possess or release feral swine or otherwise allow feral swine to run at large.
(b) A person may not hunt or trap feral swine, except as authorized by the commissioner for feral swine control or eradication. It is not a violation of this section if a person shoots a feral swine and reports the taking to the commissioner within 24 hours. All feral swine taken in this manner must be surrendered to the commissioner.
(c) A person who violates this subdivision is guilty of a misdemeanor.
(d) A person who violates this subdivision is liable for the actual costs incurred by the state for the possession or release of the feral swine.
(e) A person who violates this subdivision is liable for the damages caused by the possession or release of the feral swine.
A person authorized under game and fish laws to take feral swine is not liable to the owner for the value of the animals.
The commissioner, in cooperation with the commissioner of agriculture and the Board of Animal Health, must develop protocols for responding to the release of domestic hogs and feral swine, including reporting requirements, interagency communications, and other actions necessary to resolve the release.
97B.928 IDENTIFYING TRAPS AND SNARES.
(a) A person may not set or place a trap or snare, other than on property owned or occupied by the person, unless the following information is affixed to the trap or snare in a manner that ensures that the information remains legible while the trap or snare is on the lands or waters:
(1) the number and state of the person's driver's license;
(2) the person's Minnesota identification card number;
(3) the person's name and mailing address; or
(4) the license identification number issued by the Department of Natural Resources.
(b) The commissioner may not prescribe additional requirements for identification of traps or snares.
(c) Until March 1, 2013, the driver's license number under paragraph (a), clause (1), may be the person's previously issued Minnesota driver's license number.
From April 1 to August 31, the trap identification provisions of subdivision 1 do not apply to traps set for the taking of unprotected wild animals.
A person who violates subdivision 1, paragraph (a), is guilty of a petty misdemeanor.
97B.931 TENDING TRAPS.
A person may not tend a trap set for wild animals between 10:00 p.m. and 5:00 a.m. Between 5:00 a.m. and 10:00 p.m. a person on foot may use a portable artificial light to tend traps. While using a light in the field, the person may not possess or use a firearm other than a handgun or rifle capable of firing only rimfire cartridges of .17 or .22 caliber including .22 magnum.
A body-gripping, conibear-type trap need not be tended more frequently than once every third calendar day.
97B.941 TAMPERING WITH TRAPS.
A person may not remove or tamper with a trap legally set to take fur-bearing animals or unprotected wild animals without authorization. Authorized persons include the commissioner and the owner or lessee of the land where the trap is located.
97B.945 SETTING TRAPS NEAR WATER RESTRICTED.
A person may not set a trap within 50 feet of any water other than temporary surface water within 30 days before the open season for mink and muskrat without a special permit by the commissioner.
97B.951 USE OF SNARES TO TAKE UNPROTECTED MAMMALS.
A snare set for an unprotected mammal may not be left in place after March 31 except as authorized by the commissioner for the predator-control program under section 97B.671.
94.09 SALE AND DISPOSITION OF SURPLUS STATE-OWNED LAND.
All tracts or lots of real property belonging to the state and under the control and supervision of the commissioner of natural resources shall be disposed of according to sections 94.09 to 94.16, unless otherwise provided by law.
[Repealed, 2004 c 262 art 1 s 41]
The commissioner of natural resources shall send written notice to the Departments of Administration and Transportation, the Board of Water and Soil Resources, the Office of School Trust Lands, the legal or land departments of the University of Minnesota and Minnesota State Colleges and Universities, the Minnesota Indian Affairs Council, and any other state department or agency that requests to receive notices describing any lands or tracts that may be declared surplus. If a recipient of the notice desires custody of the lands or tracts, the recipient must submit a written request to the commissioner no later than four calendar weeks after mailing of the notice setting forth in detail the reasons for desiring to acquire and the intended use of the land or tract. The commissioner shall then determine whether any of the lands so requested should be declared surplus and offered for sale or otherwise disposed of by transferring custodial control to other requesting state departments or agencies or to the Board of Regents of the University of Minnesota for educational purposes, provided however that transfer to the Board of Regents is not determinative of tax exemption or immunity. If the commissioner determines that any of the lands are no longer needed for state purposes, the commissioner shall make findings of fact, describe the lands, declare the lands to be surplus state land, and state the reasons for the sale or disposition of the lands.
[Repealed, 2004 c 262 art 1 s 41]
[Repealed, 2004 c 262 art 1 s 41]
[Repealed, 2004 c 262 art 1 s 41]
94.101 VALUATION OF BOND-FINANCED PROPERTY.
Notwithstanding the valuation provisions of sections 16A.695, subdivision 3, and 94.10, subdivision 1, paragraph (a), for the sale of state bond-financed property administered by the commissioner of natural resources, the commissioner may determine the value of such property based on the data specified in section 84.0272, subdivision 3, provided that the value of the property is $50,000 or less.
94.11 TERMS OF PAYMENT.
Terms of payment for lands sold by the commissioner of natural resources before July 1, 2004, are the same as those provided for state public lands by section 92.06, subdivision 1. For lands sold by the commissioner of natural resources on or after July 1, 2004, the terms of payment are the same as those provided for state public lands by section 92.06, subdivision 1a.
94.13 RECORD OF CONTRACTS FOR DEED AND ASSIGNMENTS; EFFECT.
(a) A contract for deed issued before July 1, 2004, pursuant to sections 94.09 to 94.16, or any assignment thereof, executed and acknowledged as provided by law for the execution and acknowledgment of deeds may be recorded in the office of the county recorder of any county in the state in the same manner and with like effect as deeds are therein recorded. This contract for deed shall entitle the purchaser thereof, or the heirs and assigns of the purchaser, to the exclusive possession of the land therein described, provided its terms have been in all respects complied with, and the contract for deed and the record thereof shall be conclusive evidence of title in the purchaser, or the heirs and assigns of the purchaser, for all purposes and against all persons, except the state of Minnesota in case of forfeiture.
(b) When a contract for deed or partial interest in a contract for deed is assigned, the assignment must be made on a form provided by the commissioner, executed by the assignor and assignee, and consented to by the commissioner. An assignment of a partial interest must state that payment to date has been made to the commissioner.
(c) When the assignee satisfies the terms of the assignment and corresponding terms of the contract for deed, the commissioner shall issue a deed to the assignee.
94.12 CONTRACT FOR DEED AND QUITCLAIM DEED.
In the event the terms and conditions of a contract for deed for lands sold before July 1, 2004, are completely fulfilled or if a purchaser makes a lump-sum payment for the subject property in lieu of entering into a contract for deed, the commissioner shall sign and cause to be issued a quitclaim deed on behalf of the state. Said quitclaim deed shall be in a form prescribed by the attorney general and shall vest in purchaser all of the state's interest in the subject property except as provided in section 94.14.
On or after July 1, 2004, when total payment is made within 90 days of the sale, the commissioner of natural resources shall sign and cause to be issued a quitclaim deed on behalf of the state. The quitclaim deed shall be in a form prescribed by the attorney general and shall vest in the purchaser all of the state's interest in the subject property, except as provided in section 94.14.
94.14 RESERVATION OF MINERALS.
The state hereby reserves for its own use all the iron, coal, copper, and other valuable minerals in or upon all lands which may be sold under the provisions of sections 94.09 to 94.16 and any contract for deed or quitclaim deed shall contain a clause reserving all such minerals for the use of the state.
94.16 DISPOSITION OF PROCEEDS FROM SURPLUS STATE-OWNED LAND.
Money received from the sale of surplus state-owned land shall be credited to the general fund except as provided in this section.
A portion of the proceeds from the sale equal in amount to the survey, appraisal, legal, advertising, real estate broker fee, and other expenses incurred by the commissioner of natural resources in rendering the property salable and sold shall be remitted to the account from which the expenses were paid, and are appropriated and immediately available for expenditure in the same manner as other money in the account.
(a) Except as provided in paragraphs (b) and (c), the remainder of the proceeds from the sale of lands classified as a unit of the outdoor recreation system under section 86A.05 that were under the control and supervision of the commissioner of natural resources shall be credited to the land acquisition account in the natural resources fund.
(b) The remainder of the proceeds from the sale of administrative sites under the control and supervision of the commissioner of natural resources shall be credited to the facilities management account established under section 84.0857 and used to acquire facilities or renovate existing buildings for administrative use or to acquire land for, design, and construct administrative buildings for the Department of Natural Resources.
(c) The remainder of the proceeds from the sale of land not within a unit of the outdoor recreation system under section 86A.05 and not an administrative site, but under the control and supervision of the commissioner of natural resources, shall be credited to the school trust lands account established under section 92.83.
94.165 LAND ACQUISITION ACCOUNT.
There is created in the state treasury a land acquisition account.
Money in the account is appropriated to the commissioner of natural resources for:
(1) the acquisition of natural resource lands or interests in lands within the outdoor recreation system established in chapter 86A;
(2) payment of expenses incurred by the commissioner in rendering saleable any state-owned property administered by the commissioner; and
(3) payment of expenses incurred by the commissioner in exchanging any state-owned property administered by the commissioner.
The commissioner must file a report to the house of representatives Ways and Means and the senate Finance Committees and the Environment and Natural Resources Committees of the senate and house of representatives by October 1 of each year indicating all purchases and sales from this account.
94.17 GIFTS TO STATE FOR CAPITOL OR INSTITUTION; ACCEPTANCE.
When any real property or rights or estates therein may be or may have been granted or conveyed or assigned or turned over as a gift by any person or municipality to the state of Minnesota to be owned, held, occupied, or used by the state in connection with the Capitol, or any state institution, or the grounds of the same or any of them, the governor shall issue in duplicate under the great seal of the state a certificate of acceptance and cause all the conditions of the gift to be performed and the property so given to be improved, maintained, and ornamented in the method and so far as the legislature may appropriate money therefor.
94.18 LANDS OBTAINED BY CONDEMNATION.
When any corporation, municipal or otherwise, shall convey, assign, or turn over to the state any rights it may have obtained by condemnation, the use of the land in which these rights were obtained by the state in any of the ways or for any of the purposes mentioned in section 94.17 shall not be deemed an abandonment of nor work a forfeiture of the rights obtained by condemnation, but shall be considered a use incidental to and within the purposes of the condemnation.
94.19 CERTIFICATE OF ACCEPTANCE; RECORD.
(a) The certificate of acceptance shall be executed in duplicate and one filed in the Office of the Secretary of State and the other recorded in the office of the county recorder of the county in which the land is situated; and, after being recorded, kept with the records of the institution in connection with which the land is used.
(b) After the certificates of acceptance are filed and recorded under paragraph (a), the conveyance and transfer of the rights, interests, and estates involved shall be deemed complete.
94.31 COUNTIES ASSUMING BONDS OF TOWNS OR SCHOOL DISTRICTS IN REFORESTATION AREA.
Any county wherein a state reforestation or flood control project or other public state purposes, as created by sections 84A.20 to 84A.30, is located may voluntarily assume the obligation to pay the same ratio or proportion of the principal and interest of bonds now outstanding issued before the approval and acceptance of the project by any school district or town situated in the county lying wholly or partly within the project as the last assessed valuation prior to the acceptance of the project of lands acquired by the state pursuant to sections 84A.20 to 84A.30 on July 1, 1936, bears to the total assessed valuation for the same year of the school district or town, this assumption to be evidenced by the adoption of a resolution by the county board of the county authorizing the issuance of bonds for such purpose or otherwise providing for the payment of the principal and interest of the school or town bonds assumed.
94.33 FAILURE TO ASSUME AND PAY; WITHHOLDING FUNDS.
In the event any such county shall fail or neglect to assume that portion of the school district or town bonds as provided in sections 94.31 and 94.32 and any such bonds remain unpaid at maturity, upon demand of the governing body of the school district or town or the holder of any such bonds, the commissioner of management and budget shall withhold from the payments to be made to the county under the provisions of section 84A.23 the sum necessary to pay such portion and pay the same to the treasurer of the school district or town. All money received by any school district or town pursuant to sections 94.31 and 94.32 shall be applied solely to the payment of past due bonds and interest.
94.32 ISSUANCE OF COUNTY BONDS; ADJUSTMENT OF DEBT.
The county board of any such county may by resolution provide for the issuance of bonds for the purpose of assuming the principal and interest of the school district or town bonds, whether matured or not matured, in the manner provided by Laws 1935, chapter 119, and the county board is authorized to effect agreements for the adjustment of the debt so assumed and the exchange of such county bonds for the bonds so assumed. Prior to July 1, 1936, such bonds may be issued in an amount not in excess of 50 percent of the estimated amount of the principal and interest of the school district or town bonds which are to be assumed by the county, the balance of such bonds to be issued after July 1, 1936.
94.44 GRANT BY MUNICIPAL CORPORATION.
When the United States shall desire land for any purpose of the government which is owned by any city, town, county, or other municipal or quasi-municipal corporation or in which such corporation has any right it shall be lawful for the governing body of such corporation to grant and convey the same to the United States.
94.45 UNITED STATES SURVEY; DAMAGES.
Any person employed pursuant to the laws of the United States in the execution of a survey may enter upon any land in the state for the purpose of doing any act which may be necessary thereto, and may establish permanent station marks, and erect the necessary signals and temporary observatories. If the parties interested cannot agree upon the amount to be paid for damages caused thereby either may petition the district court for the county in which the land is situated to assess the damages. The court shall appoint a time for a hearing as soon as may be, and order at least 20 days' notice thereof to be given to all parties interested, and shall, with or without view of the premises, as the court may determine, hear the parties and assess the damages. The person so entering upon the land may tender to the injured party damages and if, in case of a petition, the damages assessed do not exceed the amount tendered, the person entering shall recover costs; otherwise the other party shall recover costs.
94.46 INJURY TO SIGNAL.
Whoever willfully defaces, injures, or removes any signal, monument, building, or other property of the United States erected or used in the coast and geodetic survey, pursuant to the laws of the United States, shall forfeit not exceeding $50 for each offense, and shall be liable to the United States for all damages sustained by it in consequence thereof, to be recovered in a civil action.
94.48 EXPENDING MONEY ON LEASED LAND.
When lands are obtained by lease from the United States government under sections 94.47 to 94.51 the commissioner shall be authorized to make expenditures from any funds not otherwise obligated for the management, development, and utilization of such areas; to sell or otherwise dispose of products from such lands and make necessary rules to carry out the purposes of sections 94.47 to 94.51. Unless otherwise provided all incomes derived from such leased lands shall be paid into the state treasury and credited to the state forest fund, and the same is hereby annually reappropriated for the use of the commissioner in the acquisition, management, development, and use of such leased lands until all obligations incurred have been paid in full. Thereafter all revenues received therefrom shall be distributed in accordance with Laws 1933, chapter 313.
94.47 PURCHASING LANDS FROM UNITED STATES.
The commissioner is hereby authorized to purchase, to accept by gift or lease, or by tenure title, any lands owned by the United States government, including timber thereon, within the townships in which state forests, or state parks or game refuges or public shooting grounds have been set apart, or will hereafter be set apart by the legislature. These tracts when the title thereto has become vested in the state shall become and be a part of the state forests, or state parks, or game refuges, or public shooting grounds subject to all laws and rules relating to state forests, or state parks, or game refuges, or public shooting grounds.
94.41 RELINQUISHMENT OF LANDS TO UNITED STATES.
When any land has been erroneously certified or conveyed to the state by the United States, the governor may execute, under the seal of the state, a relinquishment or reconveyance thereof.
94.50 SELLING AND EXCHANGING LANDS.
The commissioner, with the approval of the Executive Council, shall have full power and authority to sell, exchange, or lease lands under jurisdiction of the commissioner when it is deemed advantageous to the state in the interests of the highest development, utilization, and management of state forests. Such sale, lease, or exchange of lands shall not be contrary to the terms of any contract which has been entered into and shall not apply to state trust fund lands.
94.521 DISTRIBUTING FEDERAL AID.
All sums of money heretofore or which may hereafter be received from the United States government on account of the Act of Congress approved June 28, 1934 (Statutes at Large, volume 48, page 1273), amended by act approved June 26, 1936 (Statutes at Large, volume 49, page 1978), and the act approved June 28, 1938 (Statutes at Large, volume 52, page 1221), or any amendments thereof heretofore or hereafter enacted shall be expended as follows:
One-half for public schools and the remainder for public roads in the counties in which the land producing such money is situated.
There is hereby appropriated to the public schools or counties entitled to such payment, from such money in the state treasury not otherwise appropriated, an amount sufficient to make the payments as provided herein.
94.522 PAYMENTS TO COUNTY TREASURERS; USE OF PROCEEDS.
It shall be the duty of the commissioner of management and budget to transmit payments from the state treasury to the county treasurer of the respective counties for the sums that may be due in accordance with section 94.521, which sums are hereby appropriated out of the state treasury from the amounts received from the United States government pursuant to the aforesaid acts of Congress, and such money shall be used by the counties receiving the same for the purposes and in the proportions herein provided.
94.53 PAYMENTS TO COUNTY TREASURERS; FEDERAL LOANS TO COUNTIES.
It shall be the duty of the commissioner of management and budget to transmit payments from the state treasury to the county treasurers of the respective counties for the sum that may be due in accordance with sections 94.52 to 94.54, which sum or sums are hereby appropriated out of the state treasury from the amounts received from the United States government pursuant to the aforesaid act of Congress. The commissioner of management and budget, upon being notified by the federal government or any agencies thereof that a loan has been made to any such county the repayment of which is to be made from such fund, is authorized to transmit a payment to the federal government or any agency thereof sufficient to repay such loan out of any money apportioned or due to such county under the provisions of such act of Congress, approved May 23, 1908 (Statutes at Large, volume 35, page 260).
94.52 EXPENDITURE OF STATE'S PERCENTAGE OF PROCEEDS OF SALE OF LAND TO UNITED STATES.
All sums heretofore or that may hereafter be received from the United States government, on account of an Act of Congress approved May 23, 1908 (35 Stat. 260), or any amendments thereof hereafter enacted shall be expended as follows:
One-half for public schools and the remainder for public roads in the counties in which the national forests are situated; provided, that any county coming within the provisions of said act of Congress is hereby authorized to borrow money from the federal government or any of its agencies and to use moneys received pursuant to the provisions of said act of Congress or amendments thereto for the purpose of repaying any loan or loans made to such county by the federal government or any of its agencies. In the case of the Superior National Forest, the counties of Cook, Lake, Koochiching, and St. Louis shall share in the distribution of the sum received from that source in the same proportion that the federally owned lands in each county which are within the boundaries of said forest bear to the total number of acres of federally owned lands in said forest area. In the case of the Chippewa National Forest, the counties of Cass, Itasca, and Beltrami shall share in the distribution of the sum received from that source in the same proportion that the federally owned lands in each county, which are within the boundaries of said forest bear to the total number of acres of federally owned lands in said forest area.
(a) Any distribution made by the state of moneys received from the United States government on account of said act of Congress is hereby legalized and made valid and effective to the same extent as though the method of distribution used was provided for by the legislative enactment prior to the distribution thereof.
(b) There is hereby appropriated from such moneys in the state treasury not otherwise appropriated to the public schools or the counties as provided by this section, an amount sufficient to make the necessary payments as are provided herein.
94.49 PAYMENT OF OBLIGATIONS.
Obligations for the acquisition of lands by lease incurred under the authority of sections 94.47 to 94.51 shall be paid solely and exclusively from revenues derived from such lands and shall not impose any liability under the general credit and taxing power of the state.
94.51 RULEMAKING AUTHORITY.
The commissioner is hereby authorized to make such rules as may be necessary to carry out the purposes of sections 94.47 to 94.51 and is hereby authorized to enter into cooperative agreements with appropriative officials of the United States for and on behalf of the state of Minnesota in order to secure the full benefits to this state of the provisions of an Act of Congress introduced March 21, 1935, as H.R. 6914, and all other acts of Congress which have been or may be passed providing for ways and means of authorizing cooperation with the states for the purpose of stimulating the acquisition, development, and management of state lands and coordinating federal and state activities in carrying out a national program of land use and management, and for other similar purposes; that sections 94.47 to 94.51 and all other acts and amendments thereto and all rules and agreements made hereunder shall be liberally construed for the purpose of making possible the complete cooperation of the agencies of this state with the agencies of the federal government.
94.55 TRANSFER OF STATE-OWNED IMPROVEMENTS.
The commissioner may sell or transfer an improvement located on state-owned lands, the compensation for which shall be determined by the commissioner. The sale or transfer shall be accomplished by a bill of sale, describing the improvement transferred and the terms and conditions of the sale or transfer. Proceeds resulting from the sale or transfer must be deposited in the state treasury and credited to the land acquisition account established in section 94.165.
94.54 SCHOOLS AND ROADS NEAR NATIONAL FORESTS.
It shall be the duty of the county board of each county receiving such money to use the portion allotted to public schools to aid in maintaining those school districts that may be situated within or near the national forest, and the portion allotted for public roads shall be used, as far as practicable, in the construction and repair of roads within or near the national forests. This section shall not apply to any such sums of money which may have been allotted or set aside for the purpose of paying loans which may have been made by any county pursuant to the provisions of sections 94.52 and 94.53.
103A.001 CITATION; WATER LAW.
Chapters 103A, 103B, 103C, 103D, 103E, 103F, and 103G constitute the water law of this state and may be cited as the "Water Law."
103D.001 CITATION.
This chapter may be cited as the "Watershed Law."
103C.001 CITATION; WATER LAW.
This chapter and chapters 103A, 103B, 103D, 103E, 103F, and 103G constitute the water law of this state and may be cited as the "Water Law."
103B.001 CITATION; WATER LAW.
Chapters 103A, 103B, 103C, 103D, 103E, 103F, and 103G constitute the water law of this state and may be cited as the "Water Law."
103F.001 CITATION; WATER LAW.
This chapter and chapters 103A, 103B, 103C, 103D, 103E, and 103G constitute the water law of this state and may be cited as the "Water Law."
103C.005 SOIL AND WATER CONSERVATION POLICY.
Maintaining and enhancing the quality of soil and water for the environmental and economic benefits they produce, preventing degradation, and restoring degraded soil and water resources of this state contribute greatly to the health, safety, economic well-being, and general welfare of this state and its citizens. Land occupiers have the responsibility to implement practices that conserve the soil and water resources of the state. Soil and water conservation measures implemented on private lands in this state provide benefits to the general public by reducing erosion, sedimentation, siltation, water pollution, and damages caused by floods. The soil and water conservation policy of the state is to encourage land occupiers to conserve soil, water, and the natural resources they support through the implementation of practices that:
(1) control or prevent erosion, sedimentation, siltation, and related pollution in order to preserve natural resources;
(2) ensure continued soil health, as defined under section 103C.101, subdivision 10a, and soil productivity;
(3) protect water quality;
(4) prevent impairment of dams and reservoirs;
(5) reduce damages caused by floods;
(6) preserve wildlife;
(7) protect the tax base; and
(8) protect public lands and waters.
103A.201 REGULATORY POLICY.
To conserve and use water resources of the state in the best interests of its people, and to promote the public health, safety, and welfare, it is the policy of the state that:
(1) subject to existing rights, public waters are subject to the control of the state;
(2) the state, to the extent provided by law, shall control the appropriation and use of waters of the state; and
(3) the state shall control and supervise activity that changes or will change the course, current, or cross section of public waters, including the construction, reconstruction, repair, removal, abandonment, alteration, or the transfer of ownership of dams, reservoirs, control structures, and waterway obstructions in public waters.
(a) Wetlands identified in the state under section 103G.005, subdivision 19, do not:
(1) grant the public additional or greater right of access to the wetlands;
(2) diminish the right of ownership or usage of the beds underlying the wetlands, except as otherwise provided by law;
(3) affect state law forbidding trespass on private lands; and
(4) require the commissioner to acquire access to the wetlands.
(b) The legislature finds that the wetlands of Minnesota provide public value by conserving surface waters, maintaining and improving water quality, preserving wildlife habitat, providing recreational opportunities, reducing runoff, providing for floodwater retention, reducing stream sedimentation, contributing to improved subsurface moisture, helping moderate climatic change, and enhancing the natural beauty of the landscape, and are important to comprehensive water management, and that it is in the public interest to:
(1) achieve no net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands;
(2) increase the quantity, quality, and biological diversity of Minnesota's wetlands by restoring or enhancing diminished or drained wetlands;
(3) avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands; and
(4) replace wetland values where avoidance of activity is not feasible and prudent.
103B.102 LOCAL WATER MANAGEMENT; ACCOUNTABILITY AND OVERSIGHT.
The legislature finds that a process is needed to monitor the performance and activities of local water management entities. The process should be preemptive so that problems can be identified early and systematically. Underperforming entities should be provided assistance and direction for improving performance in a reasonable time frame.
For the purposes of this section, "local water management entities" means watershed districts, soil and water conservation districts, metropolitan water management organizations, and counties operating separately or jointly in their role as local water management authorities under chapter 103B, 103C, 103D, or 103G and chapter 114D.
The Board of Water and Soil Resources shall evaluate performance, financial, and activity information for each local water management entity. The board shall evaluate the entities' progress in accomplishing their adopted plans on a regular basis as determined by the board based on budget and operations of the local water management entity, but not less than once every ten years. The board shall maintain a summary of local water management entity performance on the board's website. Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis of local water management entity performance to the chairs of the house of representatives and senate committees having jurisdiction over environment and natural resources policy.
(a) In addition to other authorities, the Board of Water and Soil Resources may, based on its evaluation in subdivision 3, reduce, withhold, or redirect grants and other funding if the local water management entity has not corrected deficiencies as prescribed in a notice from the board within one year from the date of the notice.
(b) The board may defer a decision on a termination petition filed under section 103B.221, 103C.225, or 103D.271 for up to one year to conduct or update the evaluation under subdivision 3 or to communicate the results of the evaluation to petitioners or to local and state government agencies.
103C.009 CITATION.
This chapter may be cited as the "Soil and Water Conservation District Law."
103D.101 BOARD OF WATER AND SOIL RESOURCES.
The board has the authority after the filing of an establishment petition to:
(1) establish a watershed district;
(2) define the boundaries of the watershed district; and
(3) appoint the first board of managers of a watershed district.
To implement this chapter and to hold hearings, the chair and members of the board may subpoena witnesses, administer oaths, and compel the production of books, records, and other evidence.
(a) The right to examine and cross-examine witnesses in board hearings is in the same manner as in civil actions.
(b) All persons must be sworn in before testifying.
(c) Witnesses must receive the same fees and mileage as in civil actions.
The board must keep a record of all proceedings before it and maintain the record on file. Copies of the record may be obtained on terms and conditions prescribed by the board.
The board may adopt rules of practice for its proceedings and hearings that are consistent with this chapter and other provisions of law.
103A.202 WETLAND POLICY.
The legislature finds that it is in the public interest to preserve the wetlands of the state to conserve surface waters, maintain and improve water quality, preserve wildlife habitat, reduce runoff, provide for floodwater retention, reduce stream sedimentation, contribute to improved subsurface moisture, enhance the natural beauty of the landscape, and promote comprehensive and total water management planning.
103A.203 HYDROPOWER POLICY.
The legislature finds that:
(1) the public health, safety, and welfare of the state are also promoted by the use of state waters to produce hydroelectric or hydromechanical power in a manner consistent with laws relating to dam construction, reconstruction, repair, and maintenance; and
(2) the leasing of existing dams and potential dam sites primarily for power generation is a valid public purpose.
103F.06 SOIL HEALTH PRACTICES PROGRAM.
(a) In this section, the following terms have the meanings given:
(1) "board" means the Board of Water and Soil Resources;
(2) "local units of government" has the meaning given under section 103B.305, subdivision 5; and
(3) "soil health" has the meaning given under section 103C.101, subdivision 10a.
(a) The board must administer a financial and technical support program to produce soil health practices that achieve water quality, soil productivity, climate change resiliency, or carbon sequestration benefits or reduce pesticide and fertilizer use.
(b) The program must include but is not limited to no till, field borders, prairie strips, cover crops, and other practices sanctioned by the board or the United States Department of Agriculture's Natural Resources Conservation Service.
(a) The board may provide financial and technical support to local units of government, private sector organizations, and farmers to establish soil health practices and related practices with climate and water-quality benefits.
(b) The board must establish practices and costs that are eligible for financial and technical support under this section.
(a) The board may employ staff or enter into external agreements to implement this section.
(b) The board must assist local units of government in achieving the objectives of the program, including assessing practice standards and program effectiveness.
The board must regularly review and optimize the availability of federal funds and programs to supplement or complement state and other efforts consistent with the purposes of this section.
The board, in consultation with the commissioner of agriculture, may cooperate with the United States Department of Agriculture, other federal and state agencies, local governments, and private sector organizations to establish soil health goals for the state that will achieve water quality, soil productivity, climate change resiliency, and carbon sequestration benefits and reduce pesticide and fertilizer use.
103C.101 DEFINITIONS.
The definitions in this section apply to this chapter.
"Appropriate agencies" means local, state, or federal agencies that possess expertise, involvement, or authority concerning the use and development of land and water resources, but does not include districts or the state board.
"District" means a soil and water conservation district.
"District board" means the board of supervisors of a soil and water conservation district.
"Due notice" means notice published at least twice, with an interval of at least seven days between the two publication dates, in a legal newspaper, and by posting at three conspicuous places within an appropriate area. Posting must include, if possible, posting at public places where it is customary to post notices concerning county or municipal affairs. A hearing held pursuant to a notice at the time and place designated in the notice may be adjourned, from time to time, without renewing the notice for the adjourned dates.
"Federal" means the United States, the Natural Resources Conservation Service of the United States Department of Agriculture, and agencies or instrumentalities, corporate or otherwise, of the United States.
"Government" means the state or the United States, or an agency or instrumentality of the state or the United States.
"Land occupier" means a person, corporation, or legal entity that holds title to or is in possession of land within a district as an owner, lessee, tenant, or otherwise.
"Nominating petition" means a petition filed under section 103C.305, subdivision 2, to nominate candidates for the office of supervisor.
"Resident owner" has the meaning given in section 103D.011, subdivision 25.
"Soil and water conservation district" means a governmental subdivision organized under this chapter.
"Soil health" means the continued capacity of soil to function as a vital living system that sustains plants, animals, and humans. Indicators of soil health include water infiltration capacity; organic matter content; water holding capacity; biological capacity to break down plant residue and other substances and to maintain soil aggregation; nutrient sequestration and cycling capacity; carbon sequestration; and soil resistance.
"State agency" means a political subdivision, agency, or instrumentality, corporate or otherwise, of the state.
"State board" means the Board of Water and Soil Resources.
"Supervisor" means a member of a district board.
"Watershed project" means a project that is approved and authorized to be carried out by the district in a watershed area in accordance with a watershed work plan.
"Watershed work plan" means a plan for constructing works of improvement in a watershed area, including structural and land treatment measures for flood prevention or the conservation, development, utilization, and disposal of water that is developed by the district, with or without federal assistance.
103D.105 BOARD HEARINGS.
(a) A rulemaking hearing must be conducted under chapter 14.
(b) Notwithstanding chapter 14, other hearings under this chapter, except hearings under paragraph (a), shall be conducted by the board under this section. The board may refer the hearing to one or more members of the board or an administrative law judge to hear evidence and make findings of fact and report them to the board.
(a) If the board finds that a watershed management plan or petition that would be given a hearing under subdivision 1, paragraph (b), is noncontroversial, the board may, except in a proceeding to establish or terminate a watershed district, proceed under this subdivision.
(b) The board must give notice that the watershed management plan or petition has been filed. The notice must be made:
(1) by publication in a legal newspaper in each county affected by the watershed district;
(2) by mail to the auditor of each county affected by the watershed management plan or petition; and
(3) by mail to the chief executive officer of each city affected.
(c) The notice must:
(1) describe the actions proposed by the plan or petition;
(2) invite written comments on the plan or petition for consideration by the board;
(3) state that a person who objects to the actions proposed in the plan or petition may submit a written request for hearing to the board within 30 days of the last publication of the notice of filing of the plan or petition; and
(4) state that if a timely request for hearing is not received, the board may make a decision on the plan or petition at a future meeting of the board.
(d) If one or more timely requests for hearing are received, the board must hold a hearing on the plan or petition.