piers109uk/MN-Statutes huggingface dataset:
85B.06 ANNUAL REPORT.
(a) The board shall submit a report to the chairs of the senate Jobs, Energy and Community Development and the house of representatives Commerce, Jobs, and Economic Development Policy Committees of the legislature and the governor on the activities of the corporation and its contractors and lessees by February 1 of each year. The report must include at least the following:
(1) a description of each of the programs that the corporation has provided or undertaken at some time during the previous year;
(2) an identification of the sources of funding in the previous year for the corporation and its programs including federal, state and local government, foundations, gifts, donation, fees, and all other sources;
(3) a description of the administrative expenses of the corporation during the previous year;
(4) a listing of the assets and liabilities of the corporation at the end of the previous fiscal year;
(5) a description of any changes made to the operational plan during the previous year; and
(6) a description of any newly adopted or significant changes to bylaws, policies, rules, or programs created or administered by the corporation during the previous year.
(b) Reports must be made to the legislature as required by section 3.195.
86A.04 COMPOSITION OF SYSTEM.
The outdoor recreation system shall consist of all state parks; state recreation areas; state trails established pursuant to sections 84.029, subdivision 2, 85.015, 85.0155, and 85.0156; state scientific and natural areas; state wilderness areas; state forests; state wildlife management areas; state aquatic management areas; state water-access sites, which include all lands and facilities established by the commissioner of natural resources or the commissioner of transportation to provide public access to water; state wild, scenic, and recreational rivers; state historic sites; state rest areas, which include all facilities established by the commissioner of transportation for the safety, rest, comfort and use of the highway traveler, and shall include all existing facilities designated as rest areas and waysides by the commissioner of transportation; and any other units not listed in this section that are classified under section 86A.05. Each individual state park, state recreation area, and so forth is called a "unit."
86B.105 SHERIFF'S SAFETY PROGRAM.
(a) The sheriff of each county shall maintain a program of search, rescue, buoying or marking, patrol, removal of hazards to navigation, and inspection of watercraft for rent, lease, or hire. The sheriff shall prohibit the use of any watercraft or safety equipment for rent, lease, or hire that does not comply with the standards of safety for the watercraft or equipment prescribed by the commissioner. The sheriff shall investigate watercraft accidents and drownings and report findings to the commissioner on a form prescribed by the commissioner.
(b) The county board may authorize the employment of additional personnel to carry out the provisions of this section.
85.0155 LAKE SUPERIOR WATER TRAIL.
A water trail is created along the Lake Superior shoreline from Park Point in Duluth to the border with Canada. The trail must be primarily developed for kayakers and campers, using existing public lands for designated rest areas.
The commissioner of natural resources must coordinate the creation of the water trail by placing signs for rest areas along the lake and working with other public agencies and private resorts owning land along the lake to do the same. At the earliest opportunity, the commissioner shall make available a water trail map depicting the designated rest areas for the touring public.
The commissioner of natural resources is authorized to accept donations of land, or easements in land, for rest areas along the Lake Superior water trail, and may seek and accept money for this purpose from other public and private sources.
85B.07 PROPERTY TAX EXEMPTION.
Property of the corporation is exempt from taxation on its value in the same manner as property listed in section 272.02.
86B.106 BARRING VEHICLES FROM UNSAFE ICE.
(a) Whenever ice conditions on a body of water deteriorate to such an extent that there is substantial danger to persons using motorized vehicles, including snowmobiles and all-terrain vehicles, the sheriff of the county where the body of water is located may prohibit or restrict the use of motorized vehicles on all or a portion of the body of water. If the body of water is located in more than one county, all counties involved must coordinate any prohibitions or restrictions that are imposed. A county sheriff acting under this section shall, as soon as practicable, post all common access sites and publicize the prohibitions or restrictions. The commissioner must be notified immediately and may review and suspend any restrictions imposed. Restrictions may be lifted as soon as conditions warrant.
(b) A person may not operate a motorized vehicle in violation of a prohibition or restriction imposed under this section.
(c) This section does not apply to a person who:
(1) is a member of a sanctioned circuit watercross association and can provide proof of membership;
(2) operates a snowmobile with a silenced exhaust and is practicing for a sanctioned event; and
(3) receives written permission from a conservation officer who must set the date, time, and location of the practice.
85.0156 MISSISSIPPI WHITEWATER TRAIL.
An urban whitewater trail is created along the Mississippi River in the St. Anthony Falls area in Minneapolis. The trail must be primarily developed for whitewater rafters, canoers, and kayakers.
(a) The commissioner of natural resources must coordinate the creation of the Whitewater Trail by placing designation signs near and along the river and must publicize the designation.
(b) In designating the Mississippi Whitewater Trail, the commissioner must work with other federal, state, and local agencies and private businesses and organizations interested in the trail.
The commissioner of natural resources is authorized to accept, on behalf of a nonprofit corporation, donations of land or easements in land for the Whitewater Trail and may seek and accept money for the trail from other public and private sources.
86A.055 PROHIBITION ON SALES OF OUTDOOR RECREATION SYSTEM LANDS FOR CERTAIN PURPOSES.
Notwithstanding Laws 2005, chapter 156, article 2, section 45, as amended by Laws 2007, chapter 148, article 2, section 73, or other law to the contrary, a state agency shall not sell land that, on or after May 8, 2009, is classified as a unit of the outdoor recreation system under section 86A.05, for the purpose of anticipated savings to the general fund.
86B.1065 COUNTY SHERIFF COSTS FOR UNSAFE ICE SEARCH AND RESCUE.
A county sheriff may be reimbursed for costs that are over and above the county sheriff's regular operating budget and that are incurred from search and rescue operations due to recreational activities on unsafe ice. Reimbursement may include reimbursements made by the commissioner of natural resources with available appropriations or other available federal, state, and local funds. Reimbursement under this section is limited to 50 percent of the reimbursable costs subject to a maximum state payment of $5,000 per agency for each search and rescue operation.
85B.08 DISSOLUTION.
Upon dissolution of the corporation for any reason, its wholly owned assets become state property. Partially owned assets become state property to the extent that state money was used to acquire them.
85.016 BICYCLE TRAIL PROGRAM.
The commissioner of natural resources must establish a program for the development of bicycle trails utilizing the state trails authorized by section 85.015, other state parks and recreation land, and state forests. "Bicycle trail," as used in this section, has the meaning given in section 169.011. The program must be coordinated with the local park trail-grant program established by the commissioner pursuant to section 85.019, with the state bicycle routes established by the commissioner of transportation pursuant to section 160.266, and with existing and proposed local bikeways. In the metropolitan area as defined in section 473.121, the program must be developed in accordance with plans and priorities established by the Metropolitan Council. The commissioner must provide technical assistance to local units of government in planning and developing bicycle trails in local parks. The bicycle trail program must, as a minimum, describe the location, design, construction, maintenance, and land acquisition needs of each component trail. The program must be developed after consultation with the state trail council and regional and local units of government and bicyclist organizations.
86B.107 REMOVING SUBMERGED VEHICLES FROM STATE WATERS.
(a) For purposes of this section, "vehicle" means a motor vehicle as defined in section 97A.015, subdivision 32, or a watercraft as defined in section 86B.005, subdivision 18.
(b) For purposes of this section, "owner" means the registered owner, last registered owner, or legal owner of a vehicle if the vehicle is not registered.
(a) The owner of a submerged vehicle is responsible for removing the vehicle from waters of the state, unless the vehicle is permitted or otherwise exempt from removal. Removal must be completed within 30 days of the vehicle entering the water or being discovered in the water, unless the owner is notified in writing by the political subdivision having jurisdiction that the removal must be completed sooner. Upon request of the political subdivision the commissioner may extend the 30-day time period for removal.
(b) The owner of the vehicle shall report that the vehicle is submerged in a body of water. The owner shall report the date and the circumstances surrounding the submergence to the sheriff of the county where the body of water is located within 48 hours of the vehicle entering the water.
(c) If the vehicle is not removed according to paragraph (a), the political subdivision in whose jurisdiction the lake or watercourse is located shall remove the vehicle. The owner of the vehicle is subject to a civil penalty of not less than twice nor more than five times the costs incurred by the political subdivision to remove, process, and dispose of the vehicle. Civil penalties imposed under this section may be enforced and distributed as provided in section 115A.99.
(d) The owner of a submerged vehicle is not responsible for removal of the vehicle if the vehicle was used without the owner's knowledge. This includes, but is not limited to, the operation of a vehicle that was under the control of a member of the owner's household. If the driver or operator of the vehicle is known, the driver or operator is responsible for removing the vehicle according to this section.
86A.08 AUTHORIZATION OF SECONDARY UNITS.
A unit of the outdoor recreation system may be authorized wholly or partially within the boundaries of another unit only when the authorization is consistent with the purposes and objectives of the respective units.
A unit shall be administered by the managing agency to which it is assigned by section 86A.05 even when located wholly or partially within another unit administered by a different managing agency, unless otherwise specifically provided by law or by agreement between the agencies involved.
85.017 TRAIL REGISTRY.
The commissioner of natural resources shall compile and maintain a current registry of cross-country skiing, hiking, horseback riding and snowmobiling trails in the state and shall publish and distribute the information in the manner prescribed in section 86A.11. The Metropolitan Council, the commissioner of employment and economic development, the Minnesota Historical Society, and local units of government shall cooperate with and assist the commissioner in preparing the registry.
86A.07 AUTHORIZATION AND ACQUISITION OF UNITS.
A unit of the outdoor recreation system shall be deemed to be authorized upon the enactment of a law (1) describing the land, water, or facility which shall comprise the unit; (2) designating the unit's classification pursuant to section 86A.05; (3) directing and authorizing acquisition of the unit thus described; and (4) specifying the methods of acquisition and the types of interests in land that may be acquired.
Upon authorization of a unit pursuant to subdivision 1, the managing agency shall as soon as possible acquire the lands, waters, or facilities as authorized.
In any instance where a managing agency, or the commissioner of administration on behalf of the managing agency, is specifically empowered by law to acquire lands or waters or any interest in lands or waters for the purpose of establishing units of the outdoor recreation system a unit may be authorized upon (1) the acquisition of land and waters pursuant to the lawful exercise of the power to acquire and (2) the designation by the managing agency of the land and waters as a classified unit of the outdoor recreation system by written order published in the State Register. Designations are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply.
86B.115 USING DOCKS AND STRUCTURES FOR ADVERTISING.
A person may not use a fixed or anchored structure on the waters of this state, not a part of a pier or dock extending from shore, for advertising purposes.
86A.06 RULES.
Each managing agency shall promulgate rules relating to the units of the outdoor recreation system within its jurisdiction, which shall provide for administration of the units in the manner specified in section 86A.05 and the laws relating to each type of unit.
86B.111 NAVIGATION MARKERS AND BUOYS.
The commissioner may require that a permit is obtained for the placement of a structure or device determined by the commissioner to constitute a hazard to navigation.
Except as authorized by the commissioner, a person may not obstruct, remove, damage, or destroy a buoy or structure placed in the waters of this state in accordance with this chapter or by authority of the United States.
A person may not place buoys or other waterway markers unless the markers conform with the uniform marking system established by the commissioner.
The marking of certain hazards to navigation on, in, or adjacent to the waters of this state by a governmental agency does not incur a duty to mark all navigational hazards by the agency or another agency.
86B.121 RACES, COMPETITIONS, AND EXHIBITIONS.
(a) A person may not hold or sponsor any scheduled or public race, regatta, tournament or other competition or exhibition, or trial race on water or ice, whether or not involving watercraft, without first having obtained a written permit from the sheriff of the county where the event is to originate.
(b) The sheriff, in the permit, may exempt watercraft from any of the provisions of this chapter relating to the licensing, operation, and equipment of watercraft while participating in the event authorized.
(c) The county's issuance of a permit under this section does not make the county liable for any injury occurring at the event.
86B.125 LEASED WATERCRAFT.
The commissioner shall prescribe safety standards for watercraft offered for lease, rent, or hire.
(a) The commissioner may suspend or revoke the license of a watercraft offered for rent, lease, or hire:
(1) that does not comply with the safety standards for the watercraft; and
(2) for which the watercraft owner fails to keep a record of the name and address of the person renting, leasing, or hiring the watercraft, the license number of the watercraft, the date and time the person takes possession, and the expected time of return of the watercraft.
(b) The record of renting, leasing, or hiring must be preserved for at least six months.
86A.11 REGISTRY OF UNITS.
The commissioner of natural resources and the director of the Minnesota Historical Society shall each compile and maintain a current registry of the name, location, size, and description of all units of the outdoor recreation system under their respective jurisdictions, and shall publish and distribute the information contained in the registry in a form and manner suitable to assist persons wishing to use these units.
86B.13 AQUATIC INVASIVE SPECIES PREVENTION PROGRAM.
The commissioner shall establish a statewide course in preventing the spread of aquatic invasive species. The commissioner must develop an educational course and testing program that address identification of aquatic invasive species and best practices to prevent the spread of aquatic invasive species when moving water-related equipment, as defined under section 84D.01, subdivision 18a.
A person who is convicted of or subject to a final order for a violation of chapter 84D involving water-related equipment must successfully complete the training course in subdivision 1 before continuing operation or use of water-related equipment.
[Repealed, 1Sp2015 c 4 art 4 s 150]
The commissioner may contract for services to provide training and testing services under this section.
[Repealed, 1Sp2015 c 4 art 4 s 150]
86B.201 STATE LAW AND LOCAL ORDINANCE AUTHORITY.
The provisions of this chapter and of other applicable laws of this state shall govern the operation, equipment, numbering, and all other related matters for a watercraft operated on the waters of this state, or the time when an activity regulated by this chapter may take place.
(a) This chapter does not limit the authority of a political subdivision of this state to adopt regulations that are not inconsistent with this chapter and the rules of the commissioner relating to the use of waters of this state that are wholly or partly within the territorial boundaries of a county or entirely within the boundaries of a city.
(b) A city of the first class of over 200,000 or the park board of the city may forbid the use of motorboats or boats with attached motors on its lakes.
A person may access any public waters through public land with a hand-carried nonmotorized watercraft.
The commissioner, after consulting with the governmental units and contractors involved in a construction project, may adopt, by written order, temporary water surface use controls for recreational uses at public construction and maintenance sites that cross or are adjacent to waters of the state for a period of time not to exceed the duration of the construction or maintenance project. Temporary controls adopted under this subdivision are exempt from the rulemaking requirements of chapter 14, and section 14.386 does not apply.
85.021 ACQUIRING LAND; MINNESOTA VALLEY TRAIL.
The commissioner of natural resources on determining that it is necessary to acquire any interest in a part of a tract or parcel of real estate for purposes of the Minnesota Valley Trail, may acquire in fee the whole or any additional parts of the tract or parcel that the commissioner deems to be in the best interests of the state.
Within one year after acquiring excess real estate pursuant to subdivision 1, the commissioner of natural resources shall notify the governor that the excess real estate is available for sale. The commissioner shall then publish notice of sale for three successive weeks in a newspaper of general circulation in the territory from which bids are likely to be received. After receipt of sealed bids, and upon recommendation of the commissioner of natural resources, the governor shall convey the excess real estate by quitclaim deed in a form approved by the attorney general in the name of the state to the highest responsible bidder. The deed may contain restrictive clauses limiting the use of the real estate in the interest of preserving the integrity of the trail when the commissioner finds that the restrictions are reasonably necessary.
The commissioner may lease for the term between the acquisition and sale thereof and for a fair rental rate and upon terms and conditions that the commissioner deems proper, any excess real estate acquired under the provisions of this section and any real estate acquired in fee for natural resources purposes and not presently needed therefor. All rents received from the leases shall be paid into the state treasury.
85.04 ENFORCEMENT DIVISION EMPLOYEES.
The commissioner of natural resources may employ peace officers as defined under section 626.84, subdivision 1, paragraph (c), to enforce laws governing the use of state parks, state monuments, state recreation areas, and state waysides.
The commissioner of natural resources may designate certain employees according to section 84.0835 to enforce laws governing the use of state parks, state monuments, state recreation areas, state waysides, state forest lands when incidental to normal forestry duties, and state forest subareas.
86A.20 DEFINITIONS.
For the purposes of sections 86A.20 to 86A.24, the terms defined in this section have the meanings given them.
"Commissioner" means the commissioner of natural resources.
"Mooring facility" means one or more anchorage or boat slips provided for the safe and convenient docking of boats, which may also provide utility, fuel, or sewage pump-out services to the docked boats.
"Small craft harbor" means a protected harbor with boat tie-ups consisting of piers or moorings, boat launches, and support facilities such as roads and parking areas.
"Marina" means a mooring facility providing additional services to boats, such as repairs, haul-out, winter storage, food and beverage service, and services and facilities of a related nature.
86A.21 POWERS AND DUTIES OF COMMISSIONER.
(a) The commissioner may:
(1) acquire, construct, and maintain small craft harbors, channels, and facilities for recreational watercraft in the navigable waters lying within the locations identified in Laws 1993, chapter 333, section 1;
(2) acquire by purchase, lease, gift, or condemnation the lands, rights-of-way, easements, and other interests necessary for small craft harbors, channels, mooring facilities, marinas, launching ramps, and facilities normally used to support harbors of refuge, channels, docks, and launching ramps;
(3) provide the public within the boundaries of small craft harbors, through leases of public property, with mooring facilities and marinas developed and operated by public or nonpublic entities at no cost to the state or its political subdivisions;
(4) charge fees for both seasonal and daily moorage at state-operated or state-assisted small craft harbors and mooring facilities; and
(5) collect the proceeds from the sale of marine fuel at small craft harbors or mooring facilities operated by the state.
(b) Fees and proceeds collected under paragraph (a) must be credited to the water recreation account. The sale prices of marine fuel and petroleum supplies and fees under paragraph (a) are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply. The commissioner may establish the fees under paragraph (a) notwithstanding section 16A.1283. The fees and proceeds are appropriated to the commissioner of natural resources and must be used for purposes relating to mooring facilities and small craft harbors, including:
(1) operation and maintenance;
(2) purchase of marine fuel and other petroleum supplies;
(3) replacement or expansion; or
(4) debt service on funds provided through the sale of state bonds.
(c) Fees collected at small craft harbors and boating facilities constructed or operated by local units of government with financial assistance from the state shall, after payment of the costs of operating and maintaining the facilities, be used for purposes relating to mooring facilities and small craft harbors, including:
(1) operation and maintenance;
(2) replacement or expansion; or
(3) debt service on funds provided through the sale of state bonds.
86B.211 WATER SAFETY RULES.
The commissioner shall adopt rules that relate to:
(1) the application for, form, and numbering of watercraft licenses;
(2) the size, form, reflectorized material, and display of watercraft license numbers, which must comply with the requirements of the federal watercraft numbering system;
(3) placement and regulation of docks, piers, buoys, mooring or marking devices, and other structures in the waters of this state;
(4) rules of the road for watercraft navigation;
(5) standards for equipment used in the towing of persons on water skis, aquaplanes, surfboards, saucers, and other devices;
(6) standards for lights, signals, fire extinguishers, bilge ventilation, and lifesaving equipment;
(7) standards of safe load and power capacity;
(8) accounting, procedural, and reporting requirements for county sheriff;
(9) designation of swimming or bathing areas;
(10) standards of safety for watercraft offered for rent, lease, or hire;
(11) the use of surface waters of this state by watercraft as provided and in accordance with section 86B.205, subdivision 9, paragraphs (c) and (d), including:
(i) standards and criteria for resolving conflicts in the use of water surfaces by watercraft;
(ii) procedures for dealing with problems involving more than one local governmental unit;
(iii) procedures for local enforcement; and
(iv) procedures for enforcing the restrictions in section 86B.205, subdivision 9, paragraph (c); and
(12) other rules determined by the commissioner to be necessary to implement the provisions of this chapter.
85.045 ADOPT-A-PARK PROGRAM.
The Minnesota adopt-a-park program is established. The commissioner shall coordinate the program through the regional offices of the Department of Natural Resources.
The purpose of the program is to encourage business and civic groups or individuals to assist, on a volunteer basis, in improving and maintaining state parks, state recreation areas, monuments, historic sites, and trails.
(a) The commissioner shall enter into informal agreements with business and civic groups or individuals for volunteer services to maintain and make improvements to real and personal property in state parks, monuments, historic sites, and trails in accordance with plans devised by the commissioner after consultation with the groups.
(b) The commissioner may erect appropriate signs to recognize and express appreciation to groups and individuals providing volunteer services under the adopt-a-park program.
(c) The commissioner may provide assistance to enhance the comfort and safety of volunteers and to facilitate the implementation and administration of the adopt-a-park program.
The commissioner may not enter into any agreement that has the purpose of or results in the displacement of public employees by volunteers participating in the adopt-a-park program under this section. The commissioner must certify to the appropriate bargaining agent that the work performed by a volunteer will not result in the displacement of currently employed workers or workers on seasonal layoff or layoff from a substantially equivalent position, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits.
86A.22 AUTHORITY OF LOCAL UNITS OF GOVERNMENT.
Counties, towns, and home rule charter and statutory cities of this state abutting on Lake Superior or inland waterways connected with Lake Superior for navigation and shelter of recreational watercraft are authorized by majority vote of their respective governing bodies to enter into contracts and agreements with the commissioner to accomplish the purposes of sections 86A.20 to 86A.24.
86B.30 DEFINITIONS.
The definitions in this section apply to sections 86B.30 to 86B.341.
"Accompanying operator" means a person 21 years of age or older who:
(1) is in a personal watercraft or other type of motorboat;
(2) is within immediate reach of the controls of the motor; and
(3) possesses a valid operator's permit or is an exempt operator.
"Adult operator" means a motorboat operator, including a personal watercraft operator, who is 12 years of age or older and who was:
(1) effective July 1, 2025, born on or after July 1, 2004;
(2) effective July 1, 2026, born on or after July 1, 2000;
(3) effective July 1, 2027, born on or after July 1, 1996; and
(4) effective July 1, 2028, born on or after July 1, 1987.
"Exempt operator" means a motorboat operator, including a personal watercraft operator, who is 12 years of age or older and who:
(1) possesses a valid license to operate a motorboat issued for maritime personnel by the United States Coast Guard under Code of Federal Regulations, title 46, part 10, or a marine certificate issued by the Canadian government;
(2) is not a resident of the state, is temporarily using the waters of the state for a period not to exceed 60 days, and:
(i) meets any applicable requirements of the state or country of residency; or
(ii) possesses a Canadian pleasure craft operator's card;
(3) is operating a motorboat under a dealer's license according to section 86B.405; or
(4) is operating a motorboat during an emergency.
"Motorboat rental business" means a person engaged in the business of renting or leasing motorboats, including personal watercraft, for a period not exceeding 30 days. Motorboat rental business includes a person's agents and employees but does not include a resort business.
"Resort business" means a person that is engaged in the business of providing lodging and recreational services to transient guests and that is classified as a resort under section 273.13, subdivision 22 or 25. A resort business includes a person's agents and employees.
"Young operator" means a motorboat operator, including a personal watercraft operator, younger than 12 years of age.
86B.301 WATERCRAFT LICENSES REQUIRED.
Except as provided in subdivisions 2 and 3, a person may not operate or give permission for the operation of a watercraft that requires a watercraft license on the waters of this state unless:
(1) a watercraft license for the watercraft has been issued and is valid during the period of operation;
(2) the license number is affixed to the watercraft as prescribed by the commissioner; and
(3) a valid registration sticker is affixed to the watercraft as prescribed by the commissioner.
A watercraft license is not required for:
(1) a watercraft that is covered by a license or number in full force and effect under federal law or a federally approved licensing or numbering system of another state, or a watercraft that is owned by a person from another state and that state does not require licensing that type of watercraft, and the watercraft has not been within this state for more than 90 consecutive days, which does not include days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
(2) a watercraft from a country other than the United States that has not been within this state for more than 90 consecutive days, which does not include days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
(3) a watercraft owned by the United States, an Indian tribal government, a state, or a political subdivision of a state, except watercraft used for recreational purposes;
(4) a ship's lifeboat;
(5) a watercraft that has been issued a valid marine document by the United States government;
(6) a waterfowl boat during waterfowl-hunting season;
(7) a rice boat during the harvest season;
(8) a seaplane;
(9) a nonmotorized watercraft ten feet in length or less; and
(10) a watercraft that is covered by a valid license or number issued by a federally recognized Indian tribe in the state under a federally approved licensing or numbering system and that is owned by a member of that tribe.
A person may operate a watercraft and allow another person to operate a watercraft for which a temporary license certificate has been issued during the period the certificate is valid.
86A.23 OPEN FACILITIES; LIABILITY EXEMPTION.
Facilities in harbors and connecting waterways established under sections 86A.20 to 86A.24 shall be public and open to all users on equal and reasonable terms. Users shall have no cause of action against owners of land adjacent to small craft harbors and mooring facilities for damage as a result of noise and dust generated by facilities of iron-producing industries.
85.0505 FOOD AND BEVERAGE SERVICE IN STATE PARKS.
Minnesota-produced wine and beer may be sold and consumed by the drink at the restaurant in Douglas Lodge in Itasca State Park, subject to other laws relating to the sale of intoxicating liquor.
[Repealed, 2009 c 176 art 1 s 52]
MS 2020 [Repealed, 1Sp2021 c 6 art 2 s 134]
86A.24 FINANCING HARBORS AND FACILITIES.
The commissioner may take actions necessary to:
(1) provide the finances required of nonfederal sponsors as a condition for United States participation in any project in which the commissioner is empowered to participate;
(2) enter into agreements with the United States Army Corps of Engineers to provide the funds and other items of local cooperation required as a condition precedent to the construction of a harbor, mooring facility, or marina project; and
(3) enter into agreements with political subdivisions of this state regarding participation with the United States in any project within the commissioner's authority, and to make adjustments which in the judgment of the commissioner are in the best interest of the state.
86B.302 WATERCRAFT OPERATOR'S PERMIT.
The commissioner must issue a watercraft operator's permit to a person 12 years of age or older who successfully completes a water safety course and written test according to section 86B.304, paragraph (a), or who provides proof of completing a program subject to a reciprocity agreement or certified by the commissioner as substantially similar.
The commissioner may issue a permit under this section to a person who is at least 11 years of age, but the permit is not valid until the person becomes an adult operator.
(a) A person who is required to have a watercraft operator's permit must have in personal possession:
(1) a valid watercraft operator's permit;
(2) a driver's license that has a valid watercraft operator's permit indicator issued under section 171.07, subdivision 20; or
(3) an identification card that has a valid watercraft operator's permit indicator issued under section 171.07, subdivision 20.
(b) A person who is required to have a watercraft operator's permit must display one of the documents described in paragraph (a) to a conservation officer or peace officer upon request.
If a person uses an electronic device to display a document described in subdivision 3 to a conservation officer or peace officer:
(1) the officer is immune from liability for any damage to the device, unless the officer does not exercise due care in handling the device; and
(2) this does not constitute consent for the officer to access other contents on the device.
85.0506 LAKE VERMILION-SOUDAN UNDERGROUND MINE STATE PARK; HOISTS.
The Lake Vermilion-Soudan Underground Mine State Park mine tour operation is exempt from sections 326B.163 to 326B.191. The federal mine code for hoists that lift people under Code of Federal Regulations, title 30, part 57, subpart R, applies to the Lake Vermilion-Soudan Underground Mine State Park hoist. The commissioner shall employ a hoist safety expert to conduct an annual inspection of the hoist system at the Lake Vermilion-Soudan Underground Mine State Park.
86B.303 OPERATING PERSONAL WATERCRAFT AND OTHER MOTORBOATS.
An adult operator may not operate a motorboat, including a personal watercraft, unless:
(1) the adult operator possesses a valid watercraft operator's permit;
(2) the adult operator is an exempt operator; or
(3) an accompanying operator is in the motorboat.
(a) A young operator may not operate a personal watercraft or any motorboat powered by a motor with a factory rating of more than 75 horsepower.
(b) A young operator may operate a motorboat that is not a personal watercraft and that is powered by a motor with a factory rating of less than 75 horsepower if an accompanying operator is in the motorboat.
For purposes of this section and section 169A.20, an accompanying operator, as well as the actual operator, is operating and is in physical control of a motorboat.
An owner or other person in lawful control of a motorboat may not allow the motorboat to be operated contrary to this section.
Notwithstanding the other provisions of this section, a person of any age may operate a motorboat that is not a personal watercraft that is powered by a motor with a factory rating of 25 horsepower or less without possessing a valid watercraft operator's permit and without an accompanying operator in the motorboat.
86B.304 WATERCRAFT SAFETY PROGRAM.
(a) The commissioner must establish a water safety course and testing program for personal watercraft and watercraft operators and must prescribe a written test as part of the course. The course must be approved by the National Association of State Boating Law Administrators and must be available online. The commissioner may allow designated water safety courses administered by third parties to meet the requirements of this paragraph and may enter into reciprocity agreements or otherwise certify boat safety education programs from other states that are substantially similar to in-state programs. The commissioner must establish a working group of interested parties to develop course content and implementation. The course must include content on best management practices for mitigating aquatic invasive species, reducing conflicts among user groups, and limiting the ecological impacts of watercraft.
(b) The commissioner must create or designate a short boater safety examination to be administered by motorboat rental businesses, as required by section 86B.306, subdivision 3. The examination developed under this paragraph must be one that can be administered electronically or on paper, at the option of the motorboat rental business administering the examination.
86B.305 YOUTH OPERATORS.
(a) Except in case of an emergency, a person under age 12 may not operate or be allowed to operate a watercraft propelled by a motor with a factory rating of more than 25 horsepower unless there is present in the watercraft, in addition to the operator, at least one person age 21 or older who is within immediate reach of the controls of the motor. For purposes of section 169A.20, the person age 21 or older, as well as the actual operator, is in physical control of the motorboat.
(b) A person under age 12 may not operate or be allowed to operate a watercraft propelled by a motor with a factory rating of more than 75 horsepower.
Except as provided in this subdivision, a person age 12 or older and younger than age 18 may not operate a motorboat powered by a motor over 25 horsepower without possessing a valid watercraft operator's permit from this state or from the operator's state of residence unless there is a person age 21 or older in the motorboat who is within immediate reach of the controls of the motor. For purposes of section 169A.20, the person age 21 or older, as well as the actual operator, is in physical control of the motorboat.
An owner of a watercraft may not allow a watercraft to be operated contrary to the provisions of subdivision 2.
86B.306 MOTORBOAT RENTAL BUSINESSES.
A motorboat rental business must not rent or lease a motorboat, including a personal watercraft, to any person for operation on waters of this state unless the renter or lessee:
(1) has a valid watercraft operator's permit or is an exempt operator; and
(2) is 18 years of age or older.
A motorboat rental business must list on each motorboat rental or lease agreement the name and age of each operator who is authorized to operate the motorboat or personal watercraft. The renter or lessee of the motorboat must ensure that only listed authorized operators operate the motorboat or personal watercraft.
(a) A motorboat rental business must provide each authorized operator a summary of the statutes and rules governing operation of motorboats and personal watercraft in the state and instructions for safe operation.
(b) Each authorized operator, other than those holding a valid watercraft operator's permit or an exempt operator, must review the summary provided under this subdivision and must take a short boater safety examination in a form approved by the commissioner before the motorboat or personal watercraft leaves the motorboat rental business premises, unless the authorized operator has taken the examination during the previous 180 days.
A motorboat rental business must provide to all persons who rent a personal watercraft, at no additional cost, a United States Coast Guard (USCG) approved wearable personal flotation device with a USCG label indicating it either is approved for or does not prohibit use with personal watercraft or water-skiing and any other required safety equipment.
86B.311 GENERAL RULES FOR OPERATION.
A person may not operate or allow the operation of a watercraft or use a device relating to the use of the watercraft:
(1) in a careless or heedless manner in disregard of the rights or safety of others;
(2) in a reckless or grossly negligent manner that causes personal injury to another or damage to the property of another;
(3) upon the waters of this state without the equipment required by this chapter and the rules adopted under this chapter; or
(4) that is loaded with passengers or cargo beyond the watercraft's safe carrying capacity or is equipped with a motor or other propulsion machinery beyond the watercraft's safe power capacity.
A person may not operate a watercraft in a manner that obstructs or tends to obstruct normal and ordinary navigation on the waters of this state.
A person may not moor, attach, or hold in any manner a watercraft to a buoy or any other marking device or guide placed in the waters of this state pursuant to lawful authority. This subdivision does not apply to a mooring buoy.
A person may not operate a watercraft within a water area that has been marked off or set aside as a swimming or bathing area as prescribed by the commissioner's rules.
A person may not ride or sit and a person may not operate a motorboat while a person is riding or sitting on (i) the starboard or port gunwales; (ii) the decking over the bow, sides, or stern; or (iii) the transom, of a motorboat while underway unless the motorboat is provided with adequate guards or railing to prevent passengers from falling overboard.
When approaching and passing a law enforcement watercraft with its emergency lights activated, the operator of a watercraft must safely move the watercraft away from the law enforcement watercraft and maintain a slow-no wake speed while within 150 feet of the law enforcement watercraft.
85.055 STATE PARK PERMIT FEES.
(a) The fee for state park permits for:
(1) an annual use of state parks is $35;
(2) a second or subsequent vehicle state park permit is $26;
(3) a state park permit valid for one day is $7;
(4) a daily vehicle state park permit for groups is $5;
(5) an annual permit for motorcycles is $30;
(6) an employee's state park permit is without charge; and
(7) a state park permit for persons with disabilities under section 85.053, subdivision 7, paragraph (a), clauses (1) to (3), is $12.
(b) The fees specified in this subdivision include any sales tax required by state law.
Notwithstanding section 16A.1283, the commissioner of natural resources may, by written order, provide a special patron permit allowing persons to pay an additional amount above the annual permit fee required in subdivision 1. The additional amount paid under this subdivision is not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
Except as otherwise specified in law, and notwithstanding section 16A.1285, subdivision 2, the commissioner may by written order authorize waiver or reduction of state park entrance fees.
The fees collected under this section shall be deposited in the natural resources fund and credited to the state parks account. Money in the account, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, and the state park reservation system fee established by the commissioner under section 85.052, subdivisions 5 and 6, is available for appropriation to the commissioner to operate and maintain the state park system.
85.056 STATE PARKS AND TRAILS DONATION ACCOUNT.
The state parks and trails donation account is established as a separate account in the natural resources fund. The account shall be administered by the commissioner of natural resources as provided in this section.
The state parks and trails donation account shall consist of contributions made under section 168.1295 and other contributions. The contributions may be made in cash, property, land, or interests in land.
Money in the account is appropriated to the commissioner of natural resources to operate and maintain the state parks and trails system.
86B.315 TOWING PERSON ON WATER SKIS OR OTHER DEVICE.
A person may not operate a watercraft on waters of this state and create a wake for a wake surfer or tow a person on water skis, an aquaplane, a surfboard, a saucer, or a similar device unless:
(1) there is another person in the watercraft in addition to the operator who is in a position to continually observe the person being towed; or
(2) the boat is equipped with a mirror providing the operator a wide field of vision to the rear.
On waters of this state, from one-half hour after sunset to sunrise of the following day, a person may not:
(1) wake surf;
(2) operate a watercraft creating a wake for a wake surfer;
(3) be towed by a watercraft; or
(4) operate a watercraft towing a person on water skis, an aquaplane, a surfboard, a saucer, or another device.
85.06 SCHOOLHOUSES IN CERTAIN STATE PARKS.
The commissioner is hereby authorized to allow the construction and use of schoolhouses in any state park the area of which is not less than 3,000 acres.
86B.321 NOISE LIMITS.
A person may not operate a motorboat under any condition of load, acceleration, or deceleration in a manner that exceeds the noise limits contained in subdivision 2.
(a) The noise limits for the total noise from the marine engine or motorboat may not exceed:
(1) for marine engines or motorboats manufactured before January 1, 1982, a noise level of 84 decibels on the A scale measured at a distance of 50 feet from the motorboat or equivalent noise levels at other distances as specified by the commissioner in a pass-by test or 86 decibels on the A scale measured at idle in a stationary test at least four feet above the water and at least four feet behind the transom of the motorboat being tested; and
(2) for marine engines or motorboats manufactured on or after January 1, 1982, a noise level of 82 decibels on the A scale measured at a distance of 50 feet from the motorboat or equivalent noise levels at other distances as specified by the commissioner in a pass-by test or 84 decibels on the A scale measured at idle in a stationary test at least four feet above the water and at least four feet behind the transom of the motorboat being tested.
(b) The noise limits in paragraph (a) do not preclude enforcement of other laws relating to motorboat noise. The officer or deputy doing the testing shall determine which test or tests shall be used. Failure to pass either the pass-by or stationary idle test is a violation of this section.
(c) Equivalent noise levels under paragraph (a) shall be specified by the commissioner by written order and published in the State Register. The noise level determinations are exempt from the rulemaking provisions of chapter 14, and section 14.386 does not apply.
The provisions of this section do not apply to motorboats operating under a permit issued under section 86B.121 or a United States Coast Guard marine event permit in a regatta or race while on trial runs or while on official trials for speed records during the time and in the designated area authorized by the permit.