reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.38 — Contracts For Improvements; Duties Of County Auditor; Seeding Of Cleared Lands.

88.38 CONTRACTS FOR IMPROVEMENTS; DUTIES OF COUNTY AUDITOR; SEEDING OF CLEARED LANDS.
Within ten days after the filing in the office of the auditor of the order of the county board establishing and ordering any improvement under the provisions of sections 88.28 to 88.46, the auditor shall give notice of a time and place for receiving bids for the making of the improvement in accordance with the provisions of General Statutes 1923, section 6689, and the provisions of that section, so far as applicable, shall govern the receiving of bids and the letting of contracts for the making of the improvement. The auditor may let separate contracts for each separate tract upon which any part of the improvement is to be made, or may let one contract for the whole thereof, or for the clearing of land on the whole or on any number of such tracts. The contract shall specifically provide for the removal of the trees, brush, stumps, and other similar material located on the tracts of land covered by the contract, and shall specify what disposition shall be made of all such clearing debris in accordance with the direction of the county board. The county board may order and require that the contract shall contain provisions for the burning or destruction of all such debris or materials, or for the removal thereof, or for the use of that material where use can be made thereof. Where the material removed from any tract of land can be utilized for any purposes that will result in advantage to the owner of the land, the county board in the contract may provide for making such use of the trees or other products, and the assessments against such tract of land shall be lessened accordingly. To prevent the return of the land to its wild state and the consequent danger of forest fires, the county board may require that the land so cleared shall be seeded to grasses and clover, when it appears that the owner does not contemplate cropping the land so cleared at the next planting season following the completion of the clearing thereof.
History:
(4031-46) 1925 c 263 s 11
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.39 — Work Of Improvement; Duties Of Engineers; Payments To Contractors.

88.39 WORK OF IMPROVEMENT; DUTIES OF ENGINEERS; PAYMENTS TO CONTRACTORS.
It shall be the duty of the engineer from time to time as occasion may require to visit the premises and examine the work performed by the contractor and when and as often as ten percent or more of the work is completed the engineer may issue a certificate to the contractor and a duplicate to the county auditor, therein certifying the amount of work that has been done by the contractor and the value thereof. Upon the filing by the contractor of such certificate with the county auditor, the auditor may draw a warrant in favor of the contractor for a sum not to exceed 75 percent of the contract price of the work done since the last report. When the contractor shall have notified the engineer of the completion of the work, the engineer shall make careful examination and report findings of fact to the county auditor; and, on finding the contract to be completed in accordance with the terms thereof, the engineer shall so certify. Thereupon the county auditor shall notify the owners of the land that a hearing will be had upon the report of the engineer that the contract is completed, which hearing shall be held by the county board at the next meeting following the filing of the report, if not less than 15 days thereafter; otherwise, as soon as possible. At the hearing all parties interested may appear before the county board; and, if the county board shall find the contract fully completed, it shall order payment of the balance owing under the contract.
History:
(4031-47) 1925 c 263 s 12; 1986 c 444
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.40 — Bond Issues To Pay For Improvements.

88.40 BOND ISSUES TO PAY FOR IMPROVEMENTS.
The county board of each county wherein any improvement is ordered constructed under the provisions of sections 88.28 to 88.46 is hereby authorized to issue the bonds of the county in such amount as may be necessary to defray, in whole or in part, the expense incurred or to be incurred in establishment and completion of the improvement, together with all expenses incidental thereto; and the provisions of General Statutes 1923, section 6696, shall apply thereto and the county board is hereby authorized to exercise all the authority specified in General Statutes 1923, section 6696, in providing the funds for the completion of any improvement authorized by the provisions of sections 88.28 to 88.46; and where the term "drainage ditch" or "drainage bond" appears in General Statutes 1923, section 6696, the same, for the purposes of sections 88.28 to 88.46, shall be construed as reading "improvement" or "land improvement bond," as the case may be. In the event the bonds authorized under the terms of sections 88.28 to 88.46 are not sold at advertised sale, the county board may let contracts as herein provided when the contractor is willing to accept payment for the contract in bonds at par; provided, that no county may incur any indebtedness for the purposes of sections 88.28 to 88.46 in excess of five percent of its taxable valuation, exclusive of money and credits.
History:
(4031-48) 1925 c 263 s 13
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.41 — County Auditors; Tabular Statements; Powers And Duties.

88.41 COUNTY AUDITORS; TABULAR STATEMENTS; POWERS AND DUTIES.
At as early a date as possible after letting the contract or contracts under any improvement authorized by sections 88.28 to 88.46, and as soon as the cost of the improvement and expenses connected therewith can be ascertained, the auditor of the county shall make in tabular form a list and statement as provided by General Statutes 1923, section 6703, and the cost of making the improvement of each tract, together with its proportionate share of the total expense, shall be assessed against such tract, and the provisions of General Statutes 1923, section 6703, so far as applicable, shall govern the proceedings under sections 88.28 to 88.46. The auditor is hereby authorized to exercise all the rights and authority granted by General Statutes 1923, section 6703, and in all places where the term "ditch" or "drainage ditch" shall appear therein, the same, for all purposes of sections 88.28 to 88.46 shall be construed as reading "improvement," and General Statutes 1923, section 6703, used and applied accordingly. The auditor, after preparing this statement, shall cause a duplicate thereof to be recorded in the office of the county recorder in and for the county, as provided in General Statutes 1923, section 6705, and the provisions thereof shall apply to the proceedings under sections 88.28 to 88.46. The auditor and county recorder are hereby authorized to exercise the rights and authority and perform the duties here specified, and the provisions of General Statutes 1923, sections 6712 and 6713, shall apply to and govern the proceedings under sections 88.28 to 88.46. The county auditor, the county treasurer, and the county recorder are each hereby authorized and required to perform in all proceedings under sections 88.28 to 88.46 the duties specified in General Statutes 1923, sections 6712 and 6713; and in all cases where the term "ditch" or "ditches" or any other similar term appears therein, the same, for all purposes of sections 88.28 to 88.46, shall be construed as reading "improvement."
History:
(4031-49) 1925 c 263 s 14; 1976 c 181 s 2; 2005 c 4 s 14
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.42 — Improvements By Towns And Cities; Limitation Of Indebtedness.

88.42 IMPROVEMENTS BY TOWNS AND CITIES; LIMITATION OF INDEBTEDNESS.
All towns and cities are hereby authorized and empowered to contract debts and pledge the public credit for, and to engage in, any work reasonably tending to prevent or abate forest fires; provided, that the amount of the indebtedness so contracted or assumed shall never be such as to increase the total public indebtedness of any such town or city beyond the limits now or hereafter fixed by the laws specifically relating thereto, except in case of actual emergency to be declared at or subsequent to the time by resolution or other appropriate action of the town board or city council, or other governing body, as the case may be. For such emergencies the total public indebtedness shall never be increased at any time so as to be more than five percent in excess of the maximum provided by general law.
History:
(4031-50) 1925 c 263 s 15; 1973 c 123 art 5 s 7
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.43 — Firebreaks; Clearing Lands.

88.43 FIREBREAKS; CLEARING LANDS.
Subdivision 1.
Distance.
The governing body of any town or city may construct and continuously maintain good and sufficient firebreaks for the protection of life and property within such municipality. For such purposes any city may completely clear all land and remove all combustible or inflammable materials therefrom within 1,000 feet next beyond and outside of the boundary lines of the city whenever and wherever such improvement will reasonably tend to prevent or abate forest fires.
Subd. 2.
Benefits; assessment; lien.
If any clearing or other improvement of land made by any town or city benefits any person, or benefits some and damages others, then the amount of both such benefits and damages shall be ascertained in the same manner as provided by law with respect to damages in condemnation proceedings by power of eminent domain. All provisions of law relating to the determination of the amount of damages in condemnation proceedings shall apply to the determination of the value of benefits under this section, as far as practicable. Any benefits so found shall be assessed against, and be a lien upon, the real property so benefited and shall be noted upon the public records and collected upon the same terms and in substantially the same manner as now provided by law for the collection of ditch and drainage assessments pursuant to chapter 103E.
History:
(4031-51, 4031-52) 1925 c 263 s 16,17; 1961 c 560 s 10; 1973 c 123 art 5 s 7; 1985 c 172 s 99; 1990 c 391 art 8 s 18; 2006 c 214 s 20
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.44 — Acquiring Property.

88.44 ACQUIRING PROPERTY.
Subdivision 1.
Certificate of indebtedness; bond issues; tax levies.
For any of the purposes authorized in sections 88.28 to 88.46 and within the limits therein fixed, any county, town, or city may borrow money and issue bonds for the payment thereof, with the approval of a majority of the voters, as provided by the general laws relating to bond issues; may make all necessary, proper, and convenient provisions for sale of such bonds at not less than par, for payment of interest thereon at not more than six percent per annum, and of the principal thereof at maturity, or contingently at an earlier date; may issue promissory notes or certificates of indebtedness as far as reasonably necessary to procure funds in case of emergency not affording time to submit the matter to the voters; and for such purposes may levy and collect taxes annually upon all taxable property of such municipalities. As to counties, the powers conferred by this section shall be deemed supplementary to, but in no way lessening or detracting from, the powers and authority conferred by section 88.40.
Subd. 2.
How acquired.
When necessary in the exercise of the powers and authority conferred by sections 88.28 to 88.46, any county, town, or city may acquire property or property rights by gift, by purchase, or by condemnation, in any manner now or hereafter provided by law.
History:
(4031-53, 4031-54) 1925 c 263 s 18,19; 1973 c 123 art 5 s 7
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.45 — Municipalities To Cooperate.

88.45 MUNICIPALITIES TO COOPERATE.
Counties doing anything under sections 88.28 to 88.46 shall act by and through county boards; towns, by and through town boards; and cities, by and through their councils or other governing bodies. It shall be the duty of all such municipalities and their officials and employees to cooperate, as far as possible, with the director and other employees in the forestry service. In all cases where forest fires are actually burning the orders and directions of the director and district rangers shall be binding upon, and must be obeyed by, all officials and employees of any municipality until the fires shall have been extinguished.
History:
(4031-55) 1925 c 263 s 20; 1973 c 123 art 5 s 7; 1992 c 464 art 1 s 13
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.46 — Laws Applicable.

88.46 LAWS APPLICABLE.
Where in sections 88.28 to 88.46 it is provided that any section or provision of General Statutes 1913 or 1923, or any session laws or general laws, shall be deemed applicable in sections 88.28 to 88.46 for any purpose, the sections and provisions of these other laws so incorporated in sections 88.28 to 88.46 by such reference shall include all existing amendments thereto made prior to the year 1925, but not thereafter. If any such law so incorporated by reference shall be hereafter repealed, the same shall nevertheless be and remain a part of sections 88.28 to 88.46, unless the repeal expressly and explicitly provides to the contrary through direct reference to sections 88.28 to 88.46.
History:
(4031-56) 1925 c 263 s 21
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.491 — Expired Contracts.

88.491 EXPIRED CONTRACTS.
Subdivision 1.
[Repealed, 1Sp2015 c 4 art 4 s 150]
Subd. 2.
Effect of expired contract.
When auxiliary forest contracts expire, or prior to expiration by mutual agreement between the landowner and the appropriate county office, the lands previously covered by an auxiliary forest contract automatically qualify for inclusion under the provisions of the Sustainable Forest Incentive Act; provided that when such lands are included in the Sustainable Forest Incentive Act prior to expiration of the auxiliary forest contract, they will be transferred and a tax paid as provided in section 88.49, subdivision 5, upon application and inclusion in the sustainable forest incentive program. The landowner shall pay taxes in an amount equal to the difference between:
(1) the sum of:
(i) the amount which would have been paid from the date of the recording of the contract had the land under contract been subject to the Minnesota Tree Growth Tax Law; plus
(ii) beginning with taxes payable in 2003, the taxes that would have been paid if the land had been enrolled in the sustainable forest incentive program; and
(2) the amount actually paid under section 88.51, subdivision 1, and Minnesota Statutes 2014, section 88.51, subdivision 2.
History:
1974 c 411 s 1,2; 1Sp2001 c 5 art 8 s 3; 2005 c 4 s 18; 1Sp2015 c 4 art 4 s 50
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.50 — Taxation.

88.50 TAXATION.
Every auxiliary forest in this state must be taxed according to sections 88.49 to 88.53 and not otherwise. Except as expressly permitted by sections 88.49 to 88.53, no auxiliary forest shall be taxed for, or directly or indirectly made to contribute to, or become liable for the payment of, any tax or assessment, general or special, or any bond, certificate of indebtedness, or other public obligation of any name or kind, made, issued, or created subsequent to the filing of the contract creating the auxiliary forest, provided that temporary buildings, structures, or other fixtures located upon land within an auxiliary forest shall be valued and assessed as personal property and classified as class 3 under the general system of ad valorem taxation. In any proceeding for the making of a special improvement under the laws of this state by which any auxiliary forest will be benefited, the owner may subject the lands to assessment in the manner provided by law, by filing the owner's written consent to the assessment in the tribunal in which the proceeding is pending. The lands shall for the purposes of the improvement and assessment not be treated as lands in an auxiliary forest; but the lien of any assessment levied on lands in any auxiliary forest is subject to the provisions of the contract creating the auxiliary forest and subordinate to the lien of any tax imposed under the provisions of sections 88.49 to 88.53.
History:
(4031-64) 1927 c 247 s 5; 1963 c 418 s 2; 1986 c 444; 1Sp2015 c 4 art 4 s 51
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.51 — Auxiliary Forests; Tax Rate, Special Taxes.

88.51 AUXILIARY FORESTS; TAX RATE, SPECIAL TAXES.
Subdivision 1.
Annual tax.
(a) From and after the filing of the contract creating any tract of land an auxiliary forest under sections 88.49 to 88.53 and hereafter upon any tract heretofore created as an auxiliary forest, the surface of the land, exclusive of mineral or anything of value thereunder, must be taxed annually at the rate of 10 cents per acre. This tax must be levied and collected, and the payment of the tax, with penalties and interest, enforced in the same manner as other taxes on real estate, and must be credited to the funds of the taxing districts affected in the proportion of their interest in the taxes on this land if it had not been so made an auxiliary forest; provided, that such tax is due in full on or before May 31, after the levy thereof. Failure to pay when due any tax so levied is cause for cancellation of the contract.
(b) The levy upon the land of the taxes provided for by section 88.49, subdivision 5, upon the cancellation of a contract, discharges and annuls all unpaid taxes levied or assessed on the land.
Subd. 2.
[Repealed, 1Sp2015 c 4 art 4 s 150]
Subd. 3.
Determining estimated market value.
In determining the net tax capacity of property within any taxing district, the value of the surface of lands within any auxiliary forest in the taxing district, as determined by the county board, shall, for all purposes except the levying of taxes on lands within any such forest, be deemed the estimated market value of those surface lands.
History:
(4031-65) 1927 c 247 s 6; 1929 c 245 s 1; 1945 c 269 s 3,5; 1947 c 467 s 2,3; 1953 c 246 s 2; 1957 c 694 s 1; 1975 c 339 s 8; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20; 2013 c 143 art 14 s 6; 1Sp2015 c 4 art 4 s 52,53
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.523 — Auxiliary Forest Contracts; Supplemental Agreements.

88.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.
Upon application of the owner, any auxiliary forest contract may be made subject to any provisions of law enacted subsequent to the execution of the contract and in force at the time of application, so far as not already applicable, with the approval of the county board and the commissioner of natural resources. A supplemental agreement in a format prescribed by the commissioner must be executed by the commissioner in behalf of the state and by the owner. The supplemental agreement must be filed and recorded in like manner as the supplemental contract under section 88.49, subdivision 9, and takes effect upon filing and recording.
History:
1953 c 246 s 4; 1969 c 1129 art 10 s 2; 1Sp2015 c 4 art 4 s 59; 2017 c 93 art 2 s 42
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.53 — Disposal After Land Ceases To Be Auxiliary Forest; Rules.

88.53 DISPOSAL AFTER LAND CEASES TO BE AUXILIARY FOREST; RULES.
Subdivision 1.
Time for disposal.
When land ceases to be an auxiliary forest, the owners have five years within which to dispose of the land, any provisions of general law to the contrary notwithstanding.
Subd. 2.
Rules.
The director shall make rules and adopt and prescribe such forms and procedure as is necessary in carrying out the provisions of sections 88.49 to 88.53; and the director and every county board, county recorder, registrar of titles, assessor, tax collector, and every other person in official authority having any duties to perform under or growing out of sections 88.49 to 88.53 are hereby severally vested with full power and authority to enforce such rules, employ help and assistance, acquire and use equipment and supplies, or do any other act or thing reasonably necessary to the proper performance of duties under or arising from the administration and enforcement of sections 88.49 to 88.53. The director must cause periodic inspections to be made of all auxiliary forests for the purpose of determining whether relative contract and statutory provisions are being complied with.
Subd. 3.
Application.
Auxiliary forests shall be subject to all applicable provisions of sections 88.03 to 88.21, except as expressly provided otherwise in sections 88.49 to 88.53.
History:
(4031-67, 4031-68, 4031-69) 1927 c 247 s 8-10; 1976 c 181 s 2; 1985 c 248 s 70; 1986 c 444; 1Sp2015 c 4 art 4 s 60,61,148
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.641 — Definitions.

88.641 DEFINITIONS.
Subdivision 1.
Applicability.
For the purposes of sections 88.641 to 88.648, the following words, terms, and phrases shall have the meanings herein given, unless otherwise specifically defined, or unless another intention clearly appears or the context otherwise requires.
Subd. 1a.
Decorative boughs.
"Decorative boughs" means decorative materials that are side branches or slashings that have been cut from any growing coniferous or deciduous trees, bushes, saplings, seedlings, or shrubs and that are intended to be sold or used for decorative purposes.
Subd. 1b.
Decorative materials.
"Decorative materials" means forest products that are collected or harvested from growing coniferous or deciduous trees, bushes, saplings, seedlings, shrubs, or herbaceous plants, including the tops, branches, or other parts cut from any of the foregoing, untrimmed or in their natural condition, intended to be sold or used for decorative purposes. Nursery stock is not included in this definition.
Subd. 2.
Decorative trees.
"Decorative trees" means decorative materials that are growing coniferous or deciduous trees, bushes, saplings, seedlings, or shrubs, including the tops cut from any of the foregoing, untrimmed or in their natural condition, intended to be sold or used for decorative purposes. Nursery stock shall not be included in this definition.
Subd. 3.
[Repealed, 1983 c 133 s 5]
Subd. 4.
[Duplication of subd 3]
Subd. 4.
[Repealed, 1Sp2001 c 2 s 162]
Subd. 4a.
Officer.
"Officer" means a forest officer, conservation officer, or other peace officer.
Subd. 5.
[Repealed, 1Sp2001 c 2 s 162]
Subd. 6.
Written consent.
"Written consent" means written permission, a bill of sale, or a governmental or reservation permit.
History:
1949 c 546 s 1; 1983 c 133 s 1; 1Sp2001 c 2 s 91-95
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.6435 — Decorative Materials; Buyers.

88.6435 DECORATIVE MATERIALS; BUYERS.
Subdivision 1.
MS 2018 [Repealed by amendment, 1Sp2019 c 4 art 3 s 38]
Subd. 1a.
License.
(a) A person must have a buyer's license for decorative materials to:
(1) buy more than 100 pounds of decorative boughs in any calendar year;
(2) buy more than 50 spruce stems or branches greater than six inches in length in any calendar year; or
(3) buy more than 50 birch stems or branches greater than one-inch large-end diameter in any calendar year.
(b) The annual fee for a buyer's license for decorative materials for a resident or nonresident is $25.
Subd. 2.
Record requirements.
(a) When buying or otherwise receiving decorative materials, a person licensed under this section must record:
(1) the seller's name and address;
(2) the form of written consent; and
(3) the government permit number or legal description or property tax identification number of the land from which the decorative materials were obtained.
(b) The information under paragraph (a) must be recorded on a form furnished or otherwise approved by the commissioner of natural resources and must be exhibited to an officer upon request.
(c) A licensed buyer may not purchase decorative materials if the seller fails to exhibit the written consent required under section 88.642, subdivision 1. Decorative materials must conform to standards specified in the written consent.
(d) Records must be maintained from July 1 until June 30 of the following calendar year and must be open to inspection to an officer during reasonable hours.
(e) Customer name and address records created and maintained by licensees under this section are classified as private or nonpublic government data.
Subd. 3.
Penalties.
(a) The commissioner may deny, modify, suspend, or revoke a license issued under this section for cause, including for falsifying records required under this section or for violating sections 88.641 to 88.648.
(b) A person convicted of two or more violations of sections 88.641 to 88.648 within three years may not obtain a buyer's license for decorative materials for three years after the date of the last conviction.
Subd. 4.
Special forest products account; disposition of fees.
(a) The special forest products account is established in the state treasury in the natural resources fund.
(b) Fees for licenses issued under this section must be deposited in the state treasury and credited to the special forest products account and, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, are annually appropriated to the commissioner of natural resources for costs associated with special forest product information and education programs for harvesters and buyers.
History:
1Sp2001 c 2 s 97; 1Sp2005 c 1 art 2 s 69; 2014 c 248 s 6; 1Sp2015 c 4 art 4 s 62; 1Sp2019 c 4 art 3 s 38
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.645 — Enforcement.

88.645 ENFORCEMENT.
Subdivision 1.
Search warrants.
A court having authority to issue warrants in criminal cases may issue a search warrant, in the manner provided by law for issuing search warrants for stolen property, to search for and seize decorative materials affected by or involved in an offense under sections 88.641 to 88.648. The warrant may be directed to and executed by any officer authorized to make arrests and seizures by sections 88.641 to 88.648.
Subd. 2.
Complaint.
An officer having knowledge of an offense under sections 88.641 to 88.648 shall make a complaint against the offender before a court having jurisdiction of the offense and request the court to issue a warrant of arrest in the case.
History:
1949 c 546 s 5; 1983 c 359 s 3; 1Sp2001 c 2 s 98
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.647 — Relation To Existing Laws.

88.647 RELATION TO EXISTING LAWS.
Sections 88.641 to 88.6435 do not supersede any existing provision of law relating to any matter within the scope thereof but shall be construed as supplementary thereto.
History:
1949 c 546 s 7; 1Sp2001 c 2 s 99
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.648 — Criminal Penalties; Misdemeanor.

88.648 CRIMINAL PENALTIES; MISDEMEANOR.
(a) A person who makes a false statement in any application, form, or other statement as described in sections 88.641 to 88.6435 is guilty of a misdemeanor.
(b) Except as otherwise provided in this section, a person who violates a provision of sections 88.641 to 88.6435 is guilty of a misdemeanor.
History:
1949 c 546 s 8; 1983 c 133 s 4; 1Sp2001 c 2 s 100
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.73 — Administration; Delegated Powers And Duties.

88.73 ADMINISTRATION; DELEGATED POWERS AND DUTIES.
(a) The director is hereby empowered and directed to administer and enforce sections 88.03 to 88.22; and, to that end, may make and enforce all necessary or convenient rules not inconsistent with the provisions and purposes of these sections. In every case the powers delegated to, and the duties imposed upon, the director, and other state or municipal representatives by sections 88.03 to 88.22 shall be exercised and performed in good faith, without undue oppression, and in a manner as reasonable as the exigencies of the situation will permit.
(b) Nothing in sections 88.03 to 88.22 shall be construed as abrogating the laws specifically governing state parks or other public parks, or state or municipal forests. The provisions of all such laws and of sections 88.03 to 88.22 shall be harmonized and both given effect wherever possible.
(c) Nothing in sections 88.03 to 88.22 shall be construed as restricting the state, or any political subdivision thereof, in the exercise of any power, right, or privilege which may be conferred by separate enactment of the legislature under authority of the so-called forest fire prevention amendment to the state constitution, approved by vote of the electors of this state at the general election held in November 1924.
History:
(4031-32, 4031-33) 1925 c 407 s 32,33; 1978 c 735 s 6; 1985 c 248 s 70; 1986 c 444
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.76 — Rewards.

88.76 REWARDS.
Upon conviction of any person for violating any of the provisions of sections 88.03 to 88.22, the director may pay, from any money placed at the director's disposal under those sections, a reward of not more than $1,000 to the person or persons giving the information leading to such conviction.
History:
(4031-31) 1925 c 407 s 31; 1978 c 735 s 8; 1986 c 444; 1987 c 271 s 3; 1993 c 328 s 31
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.77 — Disposition Of Fines And Penalties.

88.77 DISPOSITION OF FINES AND PENALTIES.
Except as otherwise expressly provided in sections 88.03 to 88.22, all money received as penalties for violations of the provisions of those sections, less the cost of collection, shall be paid into the treasury of the county in which the penalties for these violations were imposed; provided, that fines collected for violations of those sections, where prosecutions are instituted upon the complaint of town or city officers duly appointed by the director as fire wardens, shall be paid into the treasury of the town or city where the offense was committed.
History:
(4031-29) 1913 c 159 s 7; 1925 c 407 s 29; 1973 c 123 art 5 s 7; 1978 c 735 s 9
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.78 — Appeals.

88.78 APPEALS.
(a) No appeal shall be allowed from a judgment in any prosecution under sections 88.03 to 88.22, unless the person appealing shall, within the time prescribed by law, enter into a recognizance, with sufficient sureties, or deposit cash bail in twice the amount of the fine and costs.
(b) The judge may examine the proposed sureties under oath and shall make and keep a record of their answers in respect to the kinds and amount of their property not exempt from execution. The judge shall furnish a copy of the record to the director.
(c) Upon an arrest being made for violation of any of the provisions of sections 88.03 to 88.22, or upon information of a violation being lodged, the county attorney of the county in which the offense was committed shall prosecute the accused.
History:
(4031-30) 1913 c 159 s 6; 1925 c 407 s 30; 1978 c 735 s 10; 1983 c 247 s 40; 1986 c 444
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.79 — State Forest Service To Private Owners.

88.79 STATE FOREST SERVICE TO PRIVATE OWNERS.
Subdivision 1.
Employing competent foresters; service to private owners.
The commissioner of natural resources may employ competent foresters to furnish owners of forest lands within the state of Minnesota who own not more than 1,000 acres of forest land, forest management services consisting of:
(1) advice in management and protection of timber, including written stewardship and forest management plans;
(2) selection and marking of timber to be cut;
(3) measurement of products;
(4) aid in marketing harvested products;
(5) provision of tree-planting equipment;
(6) advice in community forest management; and
(7) such other services as the commissioner of natural resources deems necessary or advisable to promote maximum sustained yield of timber and other benefits upon such forest lands.
Subd. 2.
Charge for service; receipts to special revenue fund.
Notwithstanding section 16A.1283, the commissioner of natural resources may, by written order published in the State Register, establish fees the commissioner determines to be fair and reasonable that are charged to owners receiving services under subdivision 1. The charges must account for differences in the value of timber and other benefits. The receipts from the services shall be credited to the special revenue fund and are annually appropriated to the commissioner for the purposes specified in subdivision 1.
Subd. 3.
Cost-sharing conservation practices.
The commissioner of natural resources may provide cost sharing of conservation practices to nonindustrial owners of less than 5,000 acres of private land within this state, provided that the landowners successfully complete conservation practices approved by the commissioner. The cost shared by the commissioner may not exceed 75 percent of the actual cost of the conservation practice.
Subd. 4.
Rulemaking exemption.
The charge for forest management services and cost-sharing conservation practices under this section are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
History:
1947 c 580 s 1; 1969 c 399 s 1; 1969 c 1129 art 10 s 2; 1987 c 226 s 1; 1989 c 335 art 4 s 106; 1993 c 172 s 42; 1997 c 216 s 70; 2004 c 221 s 27; 2006 c 281 art 3 s 8; 2007 c 57 art 1 s 45,46; 2010 c 361 art 4 s 42
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.80 — Aspen Recycling Program.

88.80 ASPEN RECYCLING PROGRAM.
Subdivision 1.
Establishment.
The commissioner must establish and accelerate an aspen recycling program providing for the betterment of public lands owned by the state by clearing trees which because of age, disease, pests, or other cause are unmarketable or increase the hazard of forest fires or infestation, permitting the regeneration of stands of healthy aspen capable of economic management, harvesting, and marketing. The financing of this program is determined to be a necessary and proper public purpose for the issuance of state bonds under the provisions of article XI, section 5 of the constitution relating to the betterment of public land, the promotion of reforestation, and prevention and abatement of forest fires and the clearing and improving of wild lands. The program shall designate priority areas on state lands for aspen recycling.
Subd. 2.
Pilot project.
The commissioner shall establish an aspen recycling program pilot project in the highest priority area on state lands in order to develop effective program procedures and practices. With respect to the pilot project, the commissioner may restrict bidding on contracts for the cutting, removal, and disposal of aspens, and for related activities, to loggers and others residing in the pilot project area designated under the program that are financially distressed. The commissioner may establish standards and procedures for awarding logging contracts relating to eligibility for employment for conservation work projects.
Subd. 3.
Report.
The commissioner shall report to the legislature by January 1, 1987, the results of the pilot project and a plan to recycle the overmature aspen stands of the state.
History:
1Sp1985 c 13 s 218; 1986 c 383 s 11; 1988 c 690 art 1 s 3; 1997 c 187 art 1 s 8
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.81 — Forest Management Practices In Litigation.

88.81 FOREST MANAGEMENT PRACTICES IN LITIGATION.
The commissioner may not implement new or revised forest management practices as part of agreements relating to litigation until the commissioner has reported the forest management practices to the chairs of the environment and natural resources committees of the legislature at the next regular session of the legislature.
History:
1990 c 594 art 1 s 48
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.82 — Minnesota Releaf Program.

88.82 MINNESOTA RELEAF PROGRAM.
The Minnesota releaf program is established in the Department of Natural Resources to encourage, promote, and fund the inventory, planting, assessment, maintenance, improvement, protection, and restoration of trees and forest resources in this state to enhance community forest ecosystem health and sustainability as well as to reduce atmospheric carbon dioxide levels and promote energy conservation.
History:
1991 c 254 art 2 s 20; 2007 c 57 art 1 s 47
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.002 — Policies.

89.002 POLICIES.
Subdivision 1.
Forest resource management policy.
The commissioner shall manage the forest resources of state forest lands under the authority of the commissioner according to the principles of multiple use and sustained yield. The forest resource management policy shall not supersede any existing duty or authority of the commissioner in managing forest lands, but the duties and authorities, as far as practicable, shall be exercised consistently with this policy. The forest resource management policy is not intended to exclude extractive uses of forest lands under the authority of the commissioner pursuant to state law.
Subd. 2.
Reforestation policy.
(a) The commissioner shall maintain all forest lands under authority of the commissioner in appropriate forest cover with species of trees, degree of stocking, rate of growth and stand conditions designed to secure optimum public benefits according to multiple use, sustained yield principles and consistent with applicable forest management plans.
(b) Each year the commissioner shall strive to assure that (1) reforestation occurs annually on an acreage at least equal to the acreage harvested that year on all forest lands under the authority of the commissioner; (2) additional reforestation is accomplished on areas previously harvested but not adequately reforested so that the backlog of reforestation work can be eliminated; and (3) poorly stocked forest land, or forest land damaged by natural causes, shall be returned to a state of productivity.
Subd. 3.
Forest road policy.
The commissioner shall provide a system of forest roads and trails which provides access to state forest land and other forest land under the commissioner's authority which is adequate to permit the commissioner to manage, protect, and develop those lands and their forest resources consistent with the forest resource management policy, and to meet demands for forest resources.
History:
1982 c 511 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.011 — Forest Planning Coordination.

89.011 FOREST PLANNING COORDINATION.
Subdivision 1.
[Repealed, 2006 c 281 art 3 s 20]
Subd. 2.
[Repealed, 2006 c 281 art 3 s 20]
Subd. 3.
[Repealed, 2006 c 281 art 3 s 20]
Subd. 4.
Federal coordination.
The Department of Natural Resources shall coordinate all forest resources planning efforts with the appropriate federal agencies in order to achieve optimum public benefit, to obtain federal assistance, to participate in the federal forestry planning process, and to enhance the productivity and multiple use management of forest resources.
Subd. 5.
Public and private coordination.
The Department of Natural Resources shall coordinate all forest resources planning efforts with counties and other public agencies and private organizations engaged in forest resource management and research.
Subd. 6.
[Repealed, 2006 c 281 art 3 s 20]
History:
1982 c 511 s 5
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.012 — Unit Forest Resource Plans.

89.012 UNIT FOREST RESOURCE PLANS.
(a) Each geographic administrative unit of the Division of Forestry identified by the commissioner as an appropriate unit for forest resource planning shall have a unit forest resource plan which is consistent with the forest resource management policy and plan, including state reforestation and road policies. The scope and content of the plan shall be determined by the commissioner. The plan is not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply. A unit plan shall not be implemented until approved by the commissioner by written order that is published in the State Register.
(b) A unit plan shall set forth the specific goals and objectives for the management, protection, development, and production of forest resources in the administrative unit. A unit plan shall be integrated with other uses not managed under the multiple use, sustained yield principles policy when those uses have been authorized and approved according to law, including compliance with environmental review procedures. Unit plans shall be revised as necessary to remain consistent with the forest resource management plan.
History:
1982 c 511 s 6; 2004 c 221 s 28
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.015 — Southern Minnesota Tree Species; Research.

89.015 SOUTHERN MINNESOTA TREE SPECIES; RESEARCH.
Research shall be carried on by the University of Minnesota School of Forestry in cooperation with the Division of Lands and Forestry of the Department of Natural Resources, North Central Forest Experiment Station of the United States Forest Service, individual timber landowners and others directly concerned on such valuable southern Minnesota tree species as basswood, red elm, rock elm, red and white oak, black walnut, black cherry, butternut and green ash to develop means of increasing the contribution of the large acreage of farm woodlands to the agricultural economy. The research effort will be concentrated on such important problems as means of reproducing basswood, development of planting stock, selection of superior strains of these species, methods of field planting, management of existing stands, and methods of increasing the representation of these species in woodlands and forests in need of rehabilitation because of past damage from high-grading, burning, and grazing.
History:
1957 c 765 s 1; 1961 c 223 s 3; 1967 c 905 s 9; 1969 c 1129 art 10 s 2; 1971 c 25 s 28
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.016 — Forest Campgrounds.

89.016 FOREST CAMPGROUNDS.
The commissioner must hold a public meeting before closing a campground in a state forest for a camping season. The public meeting must be held near the state forest where the campground is to be closed.
History:
1987 c 404 s 109
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.0211 — Sale Of State Forest Lands Adjacent To Platted Areas.

89.0211 SALE OF STATE FOREST LANDS ADJACENT TO PLATTED AREAS.
Notwithstanding section 89.021, the commissioner may sell state forest lands that are adjacent to areas platted under section 92.46 in accordance with the applicable procedures in chapter 92 or 94.
History:
1995 c 108 s 1
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.022 — Disposal Of Tillable Land In Memorial Hardwood Forest.

89.022 DISPOSAL OF TILLABLE LAND IN MEMORIAL HARDWOOD FOREST.
Subdivision 1.
Exchange or sale required.
If any parcel acquired for the Memorial Hardwood Forest after July 1, 1977, contains more than ten contiguous acres of tillable land adjacent to other tillable land or to a maintained public road or a farm homestead consisting of a residence and farm buildings abutting a maintained public road, the commissioner of natural resources shall either exchange the land for other land suitable for forest purposes or declare the land as surplus land. Tillable land is land classified as class 1, 2, or 3 as defined by the United States Natural Resources Conservation Service. Notwithstanding any law to the contrary neither the state nor any of its subdivisions shall be required to construct or maintain any street, highway or other road to provide access to any parcel of land sold or exchanged pursuant to this section. The commissioner of natural resources may retain easements over parcels sold or exchanged pursuant to this section as are required for purposes of providing access to public waters or forest lands or access to insure stream bank stabilization and protection.
Subd. 2.
Exemption.
The commissioner of natural resources may apply to the county board for an exemption from the exchange or sale requirements of subdivision 1 in instances where it can be demonstrated that tillable land has been or will be acquired for natural resource and public access purposes. The county board may approve or disapprove the exemption. If the application for exemption is not decided by the county board within 90 days, the application shall be deemed to have been approved.
Subd. 3.
Disposition.
Money collected pursuant to this section shall be deposited in the natural resources fund established under section 16A.531, subdivision 2.
History:
1979 c 248 s 1,2; 1988 c 690 art 1 s 1; 1989 c 335 art 1 s 269; 2006 c 243 s 21; 2014 c 217 s 2; 2015 c 21 art 1 s 109
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.025 — Dorer Memorial Hardwood Forest; Land Use Restricted.

89.025 DORER MEMORIAL HARDWOOD FOREST; LAND USE RESTRICTED.
After June 1, 1993, the commissioner may not allow the use of additional state forest lands within the boundaries of the Richard J. Dorer Memorial Hardwood State Forest for development or operation of a motor sports area for use by all-terrain vehicles, motorcycles, or four-wheel drive trucks without legislative approval. This restriction does not apply to recreational trails.
History:
1993 c 203 s 2
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.03 — Advancing Education.

89.03 ADVANCING EDUCATION.
The commissioner may advance education in forestry within the state by publications and lectures, and upon the invitation of the director of the School of Forestry of the University of Minnesota may cooperate with the school, and the school shall furnish such aid to the commissioner as, in the circumstances, is consistent with its own proper functions.
History:
(4031-12) 1925 c 407 s 12; 1961 c 223 s 4; 1986 c 444
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.031 — Management And Control.

89.031 MANAGEMENT AND CONTROL.
All state forest lands shall be under the management and control of the commissioner who shall have authority to make, establish, promulgate and enforce all necessary rules not inconsistent with the laws of the state for the care and management of state forest lands.
History:
1943 c 171 s 2; 1961 c 223 s 5; 1985 c 248 s 70