reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.515 — Sirens And Sound-producing Devices.

86B.515 SIRENS AND SOUND-PRODUCING DEVICES.
Subdivision 1.
Sound-producing devices.
Motorboats 16 feet or more in overall length using the waters of this state must carry sound-producing devices as prescribed by the commissioner. The operator of a motorboat shall sound these devices only when reasonably necessary to insure safe operation.
Subd. 2.
Sirens.
(a) A siren may not be carried or used on a watercraft other than patrol watercraft.
(b) A siren carried or used in violation of this subdivision may be removed and seized by the sheriff. A seized siren becomes the property of the county where it was seized and may be used or disposed of as the county board determines.
History:
1990 c 391 art 9 s 29
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.521 — Motorboat Noise Control.

86B.521 MOTORBOAT NOISE CONTROL.
Subdivision 1.
Exhaust muffling system required.
A motor may not be used on a motorboat unless it is equipped with an efficient muffler, underwater exhaust, or other device that adequately muffles or suppresses the sound of the exhaust of the motor so as to prevent excessive or unusual noise. A motor may not be equipped with an altered muffler, muffler cutout, muffler bypass, or any other device designed or installed so that it can be used to continually or intermittently bypass any muffler or muffler system installed in the motorboat or to reduce or eliminate the effectiveness of such a muffler or muffler system.
Subd. 2.
Sale of motor that exceeds noise limits prohibited.
A person may not sell or offer for sale a marine engine or motorboat that would exceed the noise limits contained in section 86B.321, subdivision 2, under a test procedure approved by the commissioner if the motor is maintained according to the manufacturer's specifications.
Subd. 3.
Modifying engine to exceed noise limits prohibited.
(a) A person may not modify a marine engine or motorboat in a manner that will amplify or increase the noise emitted by the marine engine or motorboat above the noise limits contained in section 86B.321, subdivision 2, under a test procedure approved by the commissioner.
(b) A person may not operate a motorboat with an engine modified to increase noise above the noise limits.
Subd. 4.
Sale of parts that cause excessive noise prohibited.
(a) A person may not sell or offer for sale replacement or additional parts for a marine engine or motorboat which when installed in the marine engine or motorboat will amplify or increase the noise emitted by the marine engine or motorboat above the noise limits contained in section 86B.321, subdivision 2, under a test procedure approved by the commissioner.
(b) A person may not operate a motorboat incorporating parts prohibited to be sold under paragraph (a).
Subd. 5.
Applicability.
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.
Subd. 6.
Rulemaking exemption.
The test procedures under subdivisions 2, 3, and 4 shall be established by written order by the commissioner and published in the State Register. The establishment of test procedures is exempt from the rulemaking provisions of chapter 14, and section 14.386 does not apply.
History:
1990 c 391 art 9 s 30; 2004 c 221 s 26; 2004 c 255 s 25,26
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.525 — Device For Arresting Backfire.

86B.525 DEVICE FOR ARRESTING BACKFIRE.
A motor other than a detachable outboard motor may not be used on a watercraft unless each carburetor is fitted with a device for arresting or safely deflecting backfire which is approved or prescribed by the United States Coast Guard. The devices must be maintained in serviceable condition.
History:
1990 c 391 art 9 s 31
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.531 — Fire Extinguishers And Fuel Area Ventilation.

86B.531 FIRE EXTINGUISHERS AND FUEL AREA VENTILATION.
Subdivision 1.
Fire extinguishers.
Inboard motorboats, houseboats, and other motorboats carrying or using fuel or other inflammable or toxic fluid in an enclosure of the boat must be provided with the number, size, and type of fire extinguishers as may be approved by the commissioner. Fire extinguishers approved by the commissioner shall comply with requirements of the United States Coast Guard. The extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible.
Subd. 2.
Fuel area ventilation.
Inboard motorboats, houseboats, and other motorboats carrying or using fuel or other inflammable or toxic fluid in an enclosure of the boat must be provided with means for properly and efficiently ventilating the bilges of the engine and fuel tank compartments as prescribed by the commissioner to remove explosive or flammable gases.
History:
1990 c 391 art 9 s 32
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.535 — Marine Toilets.

86B.535 MARINE TOILETS.
Subdivision 1.
Retention device required.
A watercraft or other marine conveyance on the waters of the state may not be equipped with a marine toilet unless also equipped with a retention device acceptable to the Pollution Control Agency.
Subd. 2.
List of retention devices.
(a) The Pollution Control Agency shall, upon request, furnish a list of the types of retention devices currently available and considered acceptable for the purposes of this section for use with marine toilets.
(b) The commissioner of natural resources shall furnish the sheriff of each county with a list of retention facilities acceptable to the Pollution Control Agency.
History:
1990 c 391 art 9 s 33
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.601 — Scuba Diving.

86B.601 SCUBA DIVING.
Subdivision 1.
Flag required.
(a) A person who swims in waters of the state, except designated swimming areas under section 86B.311, subdivision 4, while wearing or carrying a breathing apparatus allowing the swimmer to breathe while under water, except a snorkel that is not attached to an artificial container of compressed air, must display a diver's flag above the surface of the water.
(b) A person who places a diver's flag must remain within 50 feet of the flag, measured on the surface of the water.
(c) A person shall not place a diver's flag where it will obstruct navigation.
(d) A diver's flag shall measure at least 15 inches horizontally and 12 inches vertically, and both sides shall have a red-colored background bisected diagonally by a three-inch-wide white stripe having its upper end adjacent to the flagstaff.
(e) A diver's flag shall be displayed in a vertical plane extended from a rigid flagstaff equipped to maintain the upper edge of the flag at least 30 inches above the water surface.
(f) A diver's flag may be reflectorized or fluorescent provided the entire surface is uniformly reflectorized or fluorescent.
(g) A diver's flag may be anchored or secured to the bottom when a safety hazard would result from towing the flag.
(h) If at the discretion of the diver it would be safer and more visible, the flag may be displayed on a watercraft. If the flag is displayed on the watercraft, the craft must be at anchor or, if not at anchor, attended by a diver or a person appointed by the diver to tend the craft. Only watercraft displaying an official diver's flag are authorized in the diving area.
Subd. 2.
Group diving.
(a) Not more than four divers may dive under one flag.
(b) If a group of divers is operating in a contained area, the perimeter must be marked and be outside of the normal area of navigation. The markings shall consist of the official diver's flag and be placed on the perimeter of the diving area at intervals not exceeding 150 feet.
Subd. 3.
Light required for night diving.
A person may not scuba or skin dive in waters of this state from one hour after sunset to sunrise on the following day unless the diver has in possession a diver's light that is visible from above the water at a distance of at least 150 feet, except that a diver's light is not required in an emergency, salvage, repair, or construction operation.
Subd. 4.
Night diving with spear prohibited.
A person may not scuba or skin dive while in possession of a spear from sunset to sunrise.
History:
1990 c 391 art 9 s 34; 1992 c 464 art 1 s 12
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.705 — Allocating Water Recreation Account, Fines, And Forfeited Bail Money.

86B.705 ALLOCATING WATER RECREATION ACCOUNT, FINES, AND FORFEITED BAIL MONEY.
Subdivision 1.
Water recreation account.
(a) A portion of the money in the water recreation account shall be utilized by the commissioner of natural resources to implement this chapter and a portion shall be paid to counties and in an amount the commissioner shall determine and be used to defray the expenses of enforcement of the provisions of this chapter and the expenses of a county sponsored or administered watercraft and swimming safety instructional program.
(b) The commissioner may withhold up to $25,000 per biennium of the allocation for the purpose of payments to counties and other political subdivisions for specific boat and water safety projects beyond the capability of previously allocated funds.
(c) Counties and other political subdivisions shall make application for payment of the funds on forms and for purposes as prescribed by the commissioner.
Subd. 2.
Fines and bail money.
(a) All fines, installment payments, and forfeited bail money collected from persons convicted of violating this chapter or rules adopted thereunder must be deposited in the state treasury.
(b) Half the receipts must be credited to the general fund, and half the receipts must be credited to the water recreation account for the purpose of boat and water safety.
History:
1990 c 391 art 9 s 36; 1Sp1997 c 2 s 6; 2000 c 478 art 2 s 7; 2001 c 185 s 19; 2009 c 83 art 2 s 5; 1Sp2021 c 6 art 3 s 5
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.706 — Water Recreation Account; Receipts And Purpose.

86B.706 WATER RECREATION ACCOUNT; RECEIPTS AND PURPOSE.
Subdivision 1.
Creation.
The water recreation account is created in the state treasury in the natural resources fund.
Subd. 2.
Money deposited in account.
The following shall be deposited in the state treasury and credited to the water recreation account:
(1) fees from titling and licensing of watercraft under this chapter;
(2) fines, installment payments, and forfeited bail according to section 86B.705, subdivision 2;
(3) mooring fees and receipts from the sale of marine gas at state-operated or state-assisted small craft harbors and mooring facilities according to section 86A.21;
(4) the unrefunded gasoline tax attributable to watercraft use under section 296A.18; and
(5) fees for permits issued to control or harvest aquatic plants other than wild rice under section 103G.615, subdivision 2.
Subd. 3.
Purposes.
The money in the account may be expended only as appropriated by law for the following purposes:
(1) as directed under section 296A.18, subdivision 2, for acquisition, development, maintenance, and rehabilitation of public water access and boating facilities on public waters; lake and river improvements; and boat and water safety;
(2) from the fees collected at state-operated or state-assisted small craft harbors and mooring facilities from daily and seasonal moorings and the sale of marine gas, for maintenance, operation, replacement, and expansion of these facilities and for the debt service on state bonds sold to finance these facilities;
(3) for administration and enforcement of this chapter as it pertains to titling and licensing of watercraft and use and safe operation of watercraft; grants for county-sponsored and administered boat and water safety programs; and state boat and water safety efforts;
(4) for management of aquatic invasive species and the implementation of chapter 84D as it pertains to aquatic invasive species, including control, public awareness, law enforcement, assessment and monitoring, management planning, and research; and
(5) for management of aquatic plants and the implementation of section 103G.615 as it pertains to aquatic plants, including plant removal permitting, control, public awareness, law enforcement, assessment and monitoring, management planning, and research.
History:
1Sp2005 c 1 art 2 s 65; 2007 c 57 art 1 s 43
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.801 — Enforcement Authority.

86B.801 ENFORCEMENT AUTHORITY.
Subdivision 1.
Authority.
(a) A sheriff or conservation officer may stop, inspect, and detain for a reasonable time a watercraft observed in violation of Minnesota statutes or rules, and is empowered to issue a summons and complaint for violations of this chapter in the same manner as for violations of game and fish laws.
(b) As used in this subdivision, "inspect" does not mean the authority to board a watercraft.
Subd. 2.
Enforcement duties.
The sheriff of each county and conservation officers shall enforce the provisions of this chapter.
History:
1990 c 391 art 9 s 37
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.805 — Enforcement Watercraft.

86B.805 ENFORCEMENT WATERCRAFT.
Subdivision 1.
Water safety enforcement watercraft.
Watercraft used primarily for enforcement shall be marked to be visible from both sides of the watercraft. The markings shall at a minimum identify the operating agency and be of a contrasting color to the background. Lettering used for identification, other than that used in an agency symbol, shall be of block character and not less than three inches in height.
Subd. 2.
Game and fish enforcement watercraft.
Watercraft that are used primarily for enforcement of game and fish laws, when coincidentally enforcing this section, shall either be marked through the flying of a pennant of a size and marking prescribed by the commissioner or through marking of the watercraft itself under this section.
Subd. 3.
Exemptions for enforcement watercraft.
The restrictions on hours and location of operation in this chapter do not apply to emergency, safety, and enforcement watercraft.
History:
1990 c 391 art 9 s 38; 1998 c 400 s 5
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.811 — Criminal Penalties.

86B.811 CRIMINAL PENALTIES.
Subdivision 1.
Misdemeanors.
Unless a different penalty is specified, a person is guilty of a misdemeanor who:
(1) violates a provision of this chapter or a rule of the commissioner adopted under this chapter;
(2) operates any watercraft that does not conform to the requirements of this chapter; or
(3) operates a watercraft if the operation is prohibited under subdivision 2.
Subd. 1a.
[Repealed, 2012 c 272 s 98]
Subd. 2.
Youth operator violations.
(a) An operator age 13 or older but younger than age 18 adjudicated by a juvenile court as having violated section 86B.311, subdivision 1, 86B.341, or 169A.20, shall have the operator's permit revoked by the commissioner.
(b) The commissioner shall issue a new permit to the operator one year after the revocation upon successful completion by the operator of a watercraft safety course.
(c) The judge of a juvenile court that adjudicates an operator of violating any of the laws or rules listed above shall require the surrender of the person's watercraft operator's permit and shall forward the operator's permit to the commissioner with a record of the adjudication.
History:
1990 c 391 art 9 s 39; 1Sp1997 c 2 s 67; 2000 c 478 art 2 s 7; 2011 c 107 s 41
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.815 — Violation As Evidence In Civil Action.

86B.815 VIOLATION AS EVIDENCE IN CIVIL ACTION.
Subdivision 1.
Prima facie evidence of negligence.
In all civil actions, a violation of this chapter by a party is not negligence per se but is prima facie evidence of negligence.
Subd. 2.
Conviction record not admissible.
The record of the conviction of a person for a violation of this chapter is not admissible as evidence in a court in a civil action.
History:
1990 c 391 art 9 s 40
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.840 — Transfer By Owner.

86B.840 TRANSFER BY OWNER.
Subdivision 1.
Voluntary transfer.
(a) An owner who transfers a titled watercraft must execute the assignment and warranty of title to the person to whom the watercraft is transferred in the space provided on the certificate of title where the watercraft is delivered.
(b) The person acquiring the watercraft must obtain a new certificate of title by applying to the commissioner or a deputy registrar on a form prescribed by the commissioner, and submitting the required fee. The application for certificate of title must be filed within 15 days after delivery of the watercraft to the person acquiring the watercraft.
(c) Upon request of the owner or the person who acquired the watercraft, a secured party in possession of the certificate of title must deliver the certificate to the person acquiring the watercraft, the commissioner, or a deputy registrar, unless the transfer is a breach of the security agreement. The delivery of the certificate does not affect the rights of the secured party under the security agreement.
(d) If a security interest or encumbrance is first created at the time of transfer of ownership, the certificate must be retained by or delivered to the secured party.
Subd. 2.
Transfer by law.
(a) Except as otherwise provided in this chapter, if the ownership of a titled watercraft is transferred by operation of law, including inheritance or bequest, order in bankruptcy, insolvency, replevin, execution, sale, or satisfaction of mechanic's lien, or repossession upon default in performance of the terms of a security agreement, the person acquiring the watercraft by operation of law must promptly submit the last certificate of title, if available, or the manufacturer's or importer's certificate or other satisfactory proof of the transfer of ownership to the commissioner or deputy registrar with the application for a new certificate of title and the required fee.
(b) If a secured party acquires a titled watercraft under the terms of a security agreement or by operation of law, the secured party must promptly submit to the commissioner, a deputy registrar, or the person acquiring the watercraft from the secured party the last certificate of title, if available, an application for a new certificate of title with the required fee, and an affidavit by the secured party or an authorized representative stating the facts entitling the secured party to possession and ownership of the watercraft, including a copy of the journal entry, court order, or instrument upon which the claim of possession and ownership is founded. If the secured party cannot produce the required proof of ownership, the secured party may submit other evidence with the application and the commissioner may issue a new certificate of title if the evidence provides satisfactory proof of ownership.
History:
1989 c 335 art 1 s 226; 1990 c 391 art 10 s 3
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.845 — Temporary Watercraft Use Permits.

86B.845 TEMPORARY WATERCRAFT USE PERMITS.
Subdivision 1.
Issuance to title applicant.
(a) The commissioner may issue a temporary watercraft use permit to a person applying for a certificate of title for a new or used watercraft to allow that person to operate the watercraft on the waters of this state pending completion of the titling and watercraft licensing process.
(b) The watercraft use permit must be carried aboard the watercraft to allow immediate inspection. The watercraft use permit must contain a description of the watercraft, including its trade name, if any, year, series or model, hull material, length, hull identification number, and other information prescribed by the commissioner. A permit is valid only for the watercraft for which it is issued.
Subd. 2.
Distribution to dealers.
The commissioner may distribute permits in booklet form to licensed dealers. If the dealer issues a permit, the dealer must submit a watercraft use permit information form to the commissioner. The commissioner must provide information forms that require the name of the person to whom the watercraft use permit was issued, the watercraft description, dates of issue and expiration, and other information prescribed by the commissioner.
History:
1989 c 335 art 1 s 227; 1990 c 391 art 10 s 3
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.850 — Duplicate Certificate.

86B.850 DUPLICATE CERTIFICATE.
Subdivision 1.
Form and issuance.
(a) The commissioner may issue a duplicate certificate of title under this section. The duplicate certificate of title must be a certified copy plainly marked "duplicate" across its face and must contain the legend: "This duplicate certificate of title may be subject to the rights of a person under the original certificate." It must be mailed to the owner. The commissioner shall indicate in the department records that a duplicate has been issued.
(b) As a condition to issuing a duplicate certificate of title, the commissioner may require a bond from the applicant in the manner and form prescribed in section 86B.830, subdivision 4, paragraph (b).
Subd. 2.
[Repealed, 2011 c 107 s 108]
Subd. 3.
Loss of original certificate.
If a certificate of title is lost, stolen, or destroyed, the owner or legal representative of the owner named in the certificate may obtain a duplicate by applying to the commissioner, furnishing information the commissioner requires concerning the original certificate, and the circumstances of its loss or destruction.
Subd. 4.
Mutilated or illegible certificate.
If an original certificate of title is mutilated or rendered illegible, the person in possession of the title must return it to the commissioner with the application for a duplicate.
Subd. 5.
Recovery of lost or stolen certificate.
If a lost or stolen certificate of title for which a duplicate has been issued is recovered, the lost or stolen certificate of title must be surrendered promptly to the commissioner for cancellation.
History:
1989 c 335 art 1 s 228; 1990 c 391 art 10 s 3; 2011 c 107 s 44
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.855 — Suspending Or Revoking Certificate.

86B.855 SUSPENDING OR REVOKING CERTIFICATE.
Subdivision 1.
Suspension or revocation.
The commissioner shall suspend or revoke a certificate of title upon notice and reasonable opportunity to be heard if authorized by law or if the commissioner finds that:
(1) the certificate of title was fraudulently procured or erroneously issued; or
(2) the watercraft has been scrapped, dismantled, or destroyed.
Subd. 2.
Duties of owner.
If the commissioner suspends or revokes a certificate of title, the owner or person in possession of the certificate of title, immediately upon receiving notice of the suspension or revocation, shall mail or deliver the certificate to the commissioner.
Subd. 3.
Seizure or impoundment.
The commissioner may seize and impound a certificate of title that has been suspended or revoked.
Subd. 4.
Subsequent good faith purchaser.
Suspension or revocation of a certificate of title does not affect the validity of a subsequent transfer to a purchaser relying in good faith on the assignment of a suspended or revoked title if the certificate of title was not surrendered to or seized by the commissioner under subdivisions 2 and 3, and the commissioner shall issue a new certificate of title to an applicant who is a good faith purchaser for value in those circumstances.
History:
1989 c 335 art 1 s 229; 1990 c 391 art 10 s 3
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.860 — Responsibilities Of Commissioner.

86B.860 RESPONSIBILITIES OF COMMISSIONER.
The commissioner shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests, and other notices and forms necessary to implement this chapter. In addition, the commissioner may:
(1) make necessary investigations to procure information required to implement this chapter;
(2) assign a new hull identification number to a watercraft if the watercraft does not have a number or the number is destroyed or obliterated; or
(3) adopt and enforce rules necessary to implement this chapter.
History:
1989 c 335 art 1 s 230; 1990 c 391 art 10 s 3
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.865 — Penalties.

86B.865 PENALTIES.
Subdivision 1.
Felony.
A person is guilty of a felony and punishable by imprisonment for a term of not more than four years, or payment of a fine of not more than $5,000, or both, if the person with fraudulent intent:
(1) uses a false or fictitious name or address, makes a material false statement, fails to disclose a security interest, or conceals any other material fact in an application for a certificate of title; or
(2) submits a false, forged, or fictitious document in support of an application for a certificate of title.
Subd. 2.
Misdemeanor.
A person is guilty of a misdemeanor if that person:
(1) with fraudulent intent permits another to use or possess a certificate of title who is not entitled to use or possess the certificate of title;
(2) willfully fails to mail or deliver a certificate of title to the commissioner or a deputy registrar within ten days after the time required;
(3) willfully fails to deliver to a person acquiring a watercraft a certificate of title within ten days after the time required;
(4) commits a fraud in an application for a certificate of title; or
(5) fails to notify the commissioner of a fact as required by law.
History:
1989 c 335 art 1 s 231; 1990 c 391 art 10 s 3
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.870 — Title Fees.

86B.870 TITLE FEES.
Subdivision 1.
Fees.
(a) The fee to be paid to the commissioner:
(1) for issuing an original certificate of title, including the concurrent notation of an assignment of the security interest and its subsequent release or satisfaction, is $15;
(2) for each security interest when first noted upon a certificate of title, including the concurrent notation of an assignment of the security interest and its subsequent release or satisfaction, is $10;
(3) for transferring the interest of an owner and issuing a new certificate of title, is $10;
(4) for each assignment of a security interest when first noted on a certificate of title, unless noted concurrently with the security interest, is $1; and
(5) for issuing a duplicate certificate of title, is $4.
(b) In addition to other statutory fees and taxes, a filing fee of $7 is imposed on every watercraft title application. The filing fee must be shown as a separate item on title renewal notices sent by the commissioner.
Subd. 2.
Concurrent applications.
If a person applies for an original or a new certificate of title for a watercraft concurrently with an application for transfer of license of the watercraft to the applicant, the fee prescribed in subdivision 1 is in lieu of the fee prescribed by sections 86B.125, 86B.301, and 86B.401 to 86B.421 for a transfer of ownership or license of the watercraft to the applicant.
Subd. 3.
Fees paid before title issued.
Subject to subdivision 2, the commissioner may not issue a certificate of title for a watercraft until the fees prescribed by subdivision 1 and sections 86B.125, 86B.301, and 86B.401 to 86B.421 for a prior transfer of ownership or license of the watercraft have been paid.
Subd. 4.
Deposit of fee.
Fees collected under this section must be deposited in the state treasury and credited to the water recreation account, except a deputy registrar who originates an application shall retain the filing fee under subdivision 1, paragraph (b).
History:
1989 c 335 art 1 s 232; 1990 c 391 art 10 s 3; 1995 c 220 s 75; 2003 c 128 art 1 s 48
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.875 — Inapplicable Liens And Security Interests.

86B.875 INAPPLICABLE LIENS AND SECURITY INTERESTS.
The requirements of this chapter relating to security interests and certificate of title do not apply to or affect:
(1) a lien given by statute or rule of law to a supplier of services or materials for the watercraft while the watercraft is in the possession of the lienholder;
(2) a lien given by statute to the United States, this state, or a political subdivision of this state; or
(3) a security interest in a watercraft created by a manufacturer or dealer who holds the watercraft for sale.
History:
1989 c 335 art 1 s 233; 1990 c 391 art 10 s 3
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.880 — Security Interests.

86B.880 SECURITY INTERESTS.
Subdivision 1.
Validity.
Unless excepted by section 86B.875, a security interest in a titled watercraft is not valid against creditors of the owner or subsequent transferees or secured parties of the watercraft unless perfected as provided in this chapter.
Subd. 2.
Perfection.
A security interest is perfected by the delivery to the commissioner of the existing certificate of title, if any, or an application for a certificate of title, containing the name and address of the secured party, the date of the security agreement, and the required fee. A security interest is perfected as of the time of the delivery. The method provided in this chapter is exclusive.
History:
1989 c 335 art 1 s 234; 1990 c 391 art 10 s 3; 2001 c 195 art 1 s 1
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.885 — Owner-created Security Interest.

86B.885 OWNER-CREATED SECURITY INTEREST.
Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft.
(a) The owner shall immediately execute the application in the space provided on the certificate of title or on a separate form prescribed by the commissioner, show the name and address of the secured party on the certificate, and have the certificate, application, and required fee delivered to the secured party.
(b) The secured party shall immediately have the certificate, application, and required fee mailed or delivered to the commissioner.
(c) A second or subordinate secured party does not affect the rights of the first secured party under the security agreement.
(d) Upon receiving the certificate of title, application, and required fee, the commissioner shall either endorse on the certificate or issue a new certificate containing the name and address of the new secured party, and mail or deliver the certificate to the owner. The secured party or parties shall be issued a notification that the security interest has been recorded.
History:
1989 c 335 art 1 s 235; 1990 c 391 art 10 s 3; 2011 c 107 s 45
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.890 — Licensed Watercraft Previously Perfected.

86B.890 LICENSED WATERCRAFT PREVIOUSLY PERFECTED.
(a) If a security interest in a previously licensed watercraft is perfected under other applicable Minnesota law on January 1, 1991, the security interest continues perfected:
(1) until its perfection lapses under the law under which it was perfected or would lapse in the absence of a further filing; or
(2) until a certificate of title for the watercraft is issued and the security interest is perfected under section 86B.880.
(b) The assignment, release, or satisfaction of a security interest in a previously licensed watercraft is governed by the laws under which it was perfected.
History:
1989 c 335 art 1 s 236; 1990 c 391 art 10 s 3
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.895 — Satisfaction Of Security Interest.

86B.895 SATISFACTION OF SECURITY INTEREST.
Subdivision 1.
Release.
Upon the satisfaction of a security interest in a watercraft for which the certificate of title is in the possession of the secured party, the secured party, within 15 days, shall execute a release of the security interest in the space provided on the certificate or as prescribed by the commissioner, and mail or deliver the certificate and release to the next secured party named or, if none, to the owner or a person who delivers to the secured party an authorization from the owner to receive the certificate. The owner, other than a dealer holding the watercraft for resale, shall promptly have the certificate, the release, and the required fee mailed or delivered to the commissioner, who shall release the secured party's rights on the certificate or issue a new certificate.
Subd. 2.
Release of subordinate security interest.
Upon the satisfaction of a security interest in a watercraft for which the certificate of title is in the possession of a prior secured party, the secured party whose security interest is satisfied shall execute a release in the form prescribed by the commissioner and, within 15 days after satisfaction, deliver the release to the owner or a person who delivers to the secured party.
History:
1989 c 335 art 1 s 237; 1990 c 391 art 10 s 3
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.900 — Disclosing Security Agreement.

86B.900 DISCLOSING SECURITY AGREEMENT.
A secured party named in a certificate of title, upon written request of the owner or other secured party named on the certificate, must disclose pertinent information about the security agreement and the indebtedness secured by it.
History:
1989 c 335 art 1 s 238; 1990 c 391 art 10 s 3
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.905 — Effect Of Suspension Or Revocation On Security Interest.

86B.905 EFFECT OF SUSPENSION OR REVOCATION ON SECURITY INTEREST.
Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
History:
1989 c 335 art 1 s 239; 1990 c 391 art 10 s 3
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.910 — Undisclosed Security Interests.

86B.910 UNDISCLOSED SECURITY INTERESTS.
If the commissioner is not satisfied that there are no undisclosed security interests created before the watercraft is initially titled, the commissioner may, in addition to its options under section 86B.830, subdivision 4, issue a distinctive certificate of title for the watercraft containing the legend: "This watercraft may be subject to an undisclosed lien," and any other information the commissioner prescribes.
History:
1989 c 335 art 1 s 240; 1990 c 391 art 10 s 3
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.915 — Liens Attaching To Watercraft.

86B.915 LIENS ATTACHING TO WATERCRAFT.
(a) A nonpossessory lien on a titled watercraft is not perfected unless a lien statement is filed with the commissioner.
(b) The lien statement must include:
(1) the watercraft owner's name and address;
(2) the statute under which the lien is taken;
(3) the name and address of the lienholder; and
(4) the title number of the watercraft.
(c) The commissioner shall note the time and date of filing the lien statement.
History:
1989 c 335 art 1 s 241; 1990 c 391 art 10 s 3
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 86B — Water Safety And Watercraft › Section 86B.920 — Stolen Watercraft.

86B.920 STOLEN WATERCRAFT.
Subdivision 1.
Duty of peace officers.
A peace officer aware of a stolen or converted watercraft shall immediately furnish the commissioner with information concerning the theft or conversion.
Subd. 2.
Duty of commissioner.
The commissioner, upon receiving a report of the theft or conversion of a watercraft, shall record the report information, including the make of the stolen or converted watercraft and its builder's hull identification number, if any. The commissioner shall prepare a list of watercraft reported stolen and those recovered as disclosed by the reports submitted. The report may be distributed as the commissioner deems advisable.
Subd. 3.
Duty of owner.
If a stolen or converted watercraft is recovered, the owner shall immediately notify the commissioner.
History:
1989 c 335 art 1 s 242; 1990 c 391 art 10 s 3
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 87A — Shooting Ranges › Section 87A.01 — Definitions.

87A.01 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to sections 87A.01 to 87A.08.
Subd. 2.
Person.
"Person" means an individual, association, proprietorship, partnership, corporation, club, political subdivision, or other legal entity.
Subd. 3.
Shooting range or range.
"Shooting range" or "range" means an area or facility designated or operated primarily for the use of firearms, as defined in section 97A.015, subdivision 19, or archery, and includes shooting preserves as described in section 97A.115 or any other Minnesota law.
Subd. 4.
Shooting range performance standards.
"Shooting range performance standards" means the best practices for shooting range performance standards identified in section 87A.02.
Subd. 5.
Local unit of government.
"Local unit of government" means a home rule charter or statutory city, county, town, or other political subdivision.
History:
2005 c 105 s 1; 2012 c 277 art 1 s 16
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 87A — Shooting Ranges › Section 87A.02 — Shooting Range Performance Standards; Best Practices.

87A.02 SHOOTING RANGE PERFORMANCE STANDARDS; BEST PRACTICES.
Subdivision 1.
[Repealed, 2012 c 277 art 1 s 91]
Subd. 2.
Best practices.
For purposes of this chapter, the November 1999 revised edition of the National Rifle Association's Range Source Book: A Guide to Planning and Construction shall serve as best practices for shooting range performance standards.
History:
2005 c 105 s 2; 2012 c 277 art 1 s 17
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 87A — Shooting Ranges › Section 87A.03 — Compliant Ranges; Authorized Activities.

87A.03 COMPLIANT RANGES; AUTHORIZED ACTIVITIES.
Subdivision 1.
Authorized activities.
A shooting range that operates in compliance with the shooting range performance standards must be permitted to do all of the following within its geographic boundaries, under the same or different ownership or occupancy, if done in accordance with shooting range performance standards:
(1) operate the range and conduct activities involving the discharge of firearms;
(2) expand or increase its membership or opportunities for public participation related to the primary activity as a shooting range;
(3) make those repairs or improvements desirable to meet or exceed requirements of shooting range performance standards;
(4) increase events and activities related to the primary activity as a shooting range;
(5) conduct shooting activities and discharge firearms daily between 7:00 a.m. and 10:00 p.m. A local unit of government with zoning jurisdiction over a shooting range may extend the hours of operation by the issuance of a special or conditional use permit; and
(6) acquire additional lands to be used for buffer zones or noise mitigation efforts or to otherwise comply with this chapter.
Subd. 2.
Nonconforming use.
A shooting range that is a nonconforming use shall be allowed to conduct additional shooting activities within the range's lawful property boundaries as of the date the range became a nonconforming use, provided the shooting range remains in compliance with noise and shooting range performance standards under this chapter.
Subd. 3.
Compliance with other law.
Nothing in this section exempts any newly constructed or remodeled building on a shooting range from compliance with fire safety, disability accessibility, elevator safety, bleacher safety, or other provisions of the State Building Code that have mandatory statewide application.
History:
2005 c 56 s 1; 2005 c 105 s 3
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 87A — Shooting Ranges › Section 87A.04 — Mitigation Area.

87A.04 MITIGATION AREA.
(a) Except for those uses, developments, and structures in existence or for which approval has been granted by October 1, 2005, or as provided in paragraph (b), no change in use, new development, or construction of a structure shall be approved for any portion of property within 750 feet of the perimeter property line of an outdoor shooting range if the change in use, development, or construction would cause an outdoor shooting range in compliance with this chapter to become out of compliance.
(b) A change in use, new development, or construction of a structure subject to this section may be approved if the person seeking the approval or, at the discretion of the governing body, the approving authority agrees to provide any mitigation required to keep the range in compliance with this chapter. The person requesting an approval subject to this section is responsible for providing documentation if no mitigation is required under this section. Failure to provide the documentation or any mitigation required under this section exempts the range from being found out of compliance with the shooting range performance and noise standards of this chapter with regard to the property responsible for the mitigation if the failure to provide the documentation or required mitigation is the sole basis for the range being out of compliance with the shooting range performance standards. Any action brought by the owner of the property against the range is subject to section 87A.06. With the permission of the range operator, any mitigation required under this section may be provided on the range property.
History:
2005 c 105 s 4
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 87A — Shooting Ranges › Section 87A.05 — Noise Standards.

87A.05 NOISE STANDARDS.
Allowable noise levels for the operation of a shooting range are the levels determined by replacing the steady state noise L10 and L50 state standards for each period of time within each noise area's classification with a single Leq(h) standard for impulsive noise that is two dBA lower than that of the L10 level for steady state noise. The noise level shall be measured outside of the range property at the location of the receiver's activity according to Minnesota Rules, parts 7030.0010 to 7030.0080, as in effect on May 28, 2005. For purposes of this section, "Leq(h)" means the energy level that is equivalent to a steady state level that contains the same amount of sound energy as the time varying sound level for a 60-minute time period.
History:
2005 c 105 s 5
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 87A — Shooting Ranges › Section 87A.06 — Nuisance Actions; Compliance With Shooting Range Performance Standards.

87A.06 NUISANCE ACTIONS; COMPLIANCE WITH SHOOTING RANGE PERFORMANCE STANDARDS.
A person who owns, operates, or uses a shooting range in this state that is in compliance with shooting range performance standards is not subject to any nuisance action for damages or equitable relief based on noise or other matters regulated by the shooting range performance standards. This section does not prohibit other actions.
History:
2005 c 105 s 6
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 87A — Shooting Ranges › Section 87A.07 — Closure Of Shooting Ranges.

87A.07 CLOSURE OF SHOOTING RANGES.
Subdivision 1.
Closure.
Except as otherwise provided in sections 87A.01 to 87A.08, a shooting range that is in compliance with shooting range performance standards and the requirements of sections 87A.01 to 87A.08 shall not be forced to permanently close or permanently cease any activity related to the primary use of the shooting range unless the range or activity is found to be a clear and immediate safety hazard by a court of competent jurisdiction. In any action brought to compel the permanent closure of any range in compliance with shooting range performance standards and this chapter, or to permanently cease any activity related to the primary use of the shooting range, there is a rebuttable presumption that the range or activity is not a clear and immediate safety hazard. If the shooting range provides evidence that the cause of a proven safety hazard can be mitigated so as to eliminate the safety hazard, the court shall not order the permanent closure of the range, or permanent ceasing of the activity found to be a clear and immediate safety hazard, unless the range operator fails to implement the necessary mitigation to remove the safety hazard by the date that is determined reasonable by the court.
Subd. 2.
Preliminary injunctions.
Nothing in this section prohibits a court from granting a preliminary injunction against any activity determined to be a probable clear and immediate safety hazard, or against any individual determined to be the probable cause of an alleged clear and immediate safety hazard, pending the final determination of the existence of the safety hazard.
Subd. 3.
Permanent injunctions.
A court may grant a permanent injunction only against a particular activity or person instead of permanently closing the range unless the court finds that the remaining operations also pose a safety hazard under this section.
History:
2005 c 105 s 7
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 87A — Shooting Ranges › Section 87A.08 — Applicability Of Other Laws.

87A.08 APPLICABILITY OF OTHER LAWS.
Subdivision 1.
Public safety laws; zoning.
(a) Nothing in this chapter prohibits enforcement of any federal law. To the extent consistent with this chapter, other state laws regarding the health, safety, and welfare of the public may be enforced. To the extent consistent with this chapter, a local unit of government with zoning authority jurisdiction over a shooting range may enforce its applicable ordinances and permits. Nothing in this chapter shall supersede more restrictive regulation of days and hours of operation imposed by the terms and conditions of ordinances and permits that are in effect on May 28, 2005.
(b) If the operator of the shooting range shows evidence that the range can be brought into compliance with the applicable state law, local ordinance, or permit, the range may not be permanently closed unless the range operator fails to bring the range into compliance with the applicable law, ordinance, or permit under this section by the date that the court determines reasonable. Nothing in this section prohibits a court from granting a preliminary injunction against any activity determined to be a violation of a law, ordinance, or permit under this section or against any individual determined to be causing an alleged violation, pending the final determination of the existence of the violation.
Subd. 2.
Permanent injunctions.
A court may grant a permanent injunction only against a particular activity or person instead of permanently closing the range unless the court finds that the remaining operations also create a violation under this section.
History:
2005 c 105 s 8