reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89A — Sustainable Forest Resources › Section 89A.01 — Definitions.

89A.01 DEFINITIONS.
Subdivision 1.
Applicability.
Unless the language or context clearly indicates that a different meaning is intended, the following terms, for the purpose of this chapter, have the meanings given.
Subd. 2.
Advisory committee.
"Advisory committee" means the Forest Resources Research Advisory Committee established under section 89A.08.
Subd. 3.
Biological diversity.
"Biological diversity" means the variety and abundance of species, their genetic composition, and the communities and landscapes in which they occur, including the ecological structures, functions, and processes occurring at all of these levels.
Subd. 4.
Commissioner.
"Commissioner" means the commissioner of natural resources or agent of the commissioner.
Subd. 5.
Council.
"Council" means the Minnesota Forest Resources Council established by section 89A.03.
Subd. 6.
Department.
"Department" means the Department of Natural Resources.
Subd. 7.
Forest resources.
"Forest resources" has the meaning given in section 89.001, subdivision 8.
Subd. 8.
Guidelines.
"Guidelines" means the comprehensive timber harvesting and forest management guidelines developed under section 89A.05.
Subd. 9.
Landscape.
"Landscape" means a heterogeneous land area composed of interacting sustainable forest resources that are defined by natural features and socially defined attributes.
Subd. 10.
Landscape-level.
"Landscape-level" means typically long-term or broad-based efforts that may require extensive analysis or planning over large areas that may involve or require coordination across land ownerships.
Subd. 10a.
Peer review.
"Peer review" means a scientifically based review conducted by individuals with substantial knowledge and experience in the subject matter.
Subd. 11.
Regional committee.
"Regional committee" means a regional forest resources committee established under section 89A.06.
Subd. 12.
Site-level.
"Site-level" means efforts affecting operational procedures used in the planning and implementation of timber harvesting and forest management activities on an individual site or local scale.
Subd. 13.
Sustainable.
"Sustainable" means meeting the needs of the present without compromising the ability of future generations to meet their own needs.
History:
1995 c 220 s 78,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 114,191; 1Sp2001 c 2 s 151; 2002 c 379 art 1 s 108
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89A — Sustainable Forest Resources › Section 89A.02 — Policy.

89A.02 POLICY.
It is the policy of the state to:
(1) pursue the sustainable management, use, and protection of the state's forest resources to achieve the state's economic, environmental, and social goals;
(2) encourage cooperation and collaboration between public and private sectors in the management of the state's forest resources;
(3) recognize and consider forest resource issues, concerns, and impacts at the site level and landscape level; and
(4) recognize the broad array of perspectives regarding the management, use, and protection of the state's forest resources, and establish and maintain processes and mechanisms that seek and incorporate these perspectives in the planning and management of the state's forest resources.
Nothing in this chapter abolishes, repeals, or negates any existing authorities related to managing and protecting the state's forest resources.
History:
1995 c 220 s 79,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 115,191; 1Sp2001 c 2 s 151; 2002 c 379 art 1 s 108; 2014 c 289 s 31
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89A — Sustainable Forest Resources › Section 89A.04 — Partnership.

89A.04 PARTNERSHIP.
It is the policy of the state to encourage forest landowners, forest managers, and loggers to maintain a partnership in which the implementation of council recommendations can occur in a timely and coordinated manner across ownerships. The partnership shall serve as a forum for discussing operational implementation issues and problem solving related to forest resources management and planning concerns, and be responsive to the recommendations of the council. This partnership shall also actively foster collaboration and coordination among forest managers, landowners, and loggers in addressing landscape-level operations and concerns. In fulfilling its responsibilities as identified in this chapter, the partnership may advise the council. Nothing in this section shall imply extra rights or influence for the partnership.
History:
1995 c 220 s 81,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 117,191; 1Sp2001 c 2 s 151; 2002 c 379 art 1 s 108; 2014 c 289 s 34
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89A — Sustainable Forest Resources › Section 89A.05 — Timber Harvesting And Forest Management Guidelines.

89A.05 TIMBER HARVESTING AND FOREST MANAGEMENT GUIDELINES.
Subdivision 1.
Development and revision.
The council shall coordinate the development and periodic revision of comprehensive timber harvesting and forest management guidelines based on the information derived from forest resources, practices, implementation, and effectiveness monitoring programs, and other information deemed appropriate by the council. The guidelines must address the water, air, soil, biotic, recreational, cultural, and aesthetic resources found in forest ecosystems by focusing on those impacts commonly associated with applying site-level forestry practices. The guidelines must reflect a range of practical and sound practices based on the best available scientific information, and be integrated to minimize conflicting recommendations while being easy to understand and implement. Changes to the guidelines shall be peer reviewed prior to final adoption by the council.
Subd. 2.
Economic considerations.
Before the implementation of timber harvesting and forest management guidelines, new site-level practices and landscape-level programs, the council shall analyze the costs and benefits of new site-level practices and landscape-level programs. When the analysis concludes that new landscape-level programs and site-level practices will result in adverse economic effects, including decreased timber supply and negative effects on tourism, opportunities to offset those effects must be explored. The council shall also:
(1) identify and quantify forest and timberland acreages that will no longer be available for harvest; and
(2) encourage public resource agencies to provide sustainable, predictable supplies of high-quality forest resource benefits, including timber supplies that are consistent with their multiple mandates and diverse management objectives. These benefits should be provided by public resource agencies in proportion to their forest land's capability to do so.
Subd. 2a.
[Repealed, 2014 c 289 s 70]
Subd. 3.
Application.
The timber harvesting and forest management guidelines are voluntary. The council must develop and periodically assess guideline implementation goals that will sustain forest resources. If the information developed as a result of forest resources, practices, implementation, and effectiveness monitoring programs conducted by the department or other information obtained by the council indicates the implementation goals for the guidelines are not being met and the council determines significant adverse impacts are occurring, the council shall recommend to the governor additional measures to address those impacts. The council must incorporate the recommendations as part of the council's biennial report required by section 89A.03, subdivision 6.
Subd. 4.
[Repealed, 2014 c 289 s 70]
History:
1995 c 220 s 82,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 118,191; 1Sp2001 c 2 s 151; 2002 c 376 s 4; 2002 c 379 art 1 s 108; 2014 c 289 s 35,36
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89A — Sustainable Forest Resources › Section 89A.07 — Monitoring.

89A.07 MONITORING.
Subdivision 1.
Forest resource monitoring.
The commissioner shall maintain a program for monitoring broad trends and conditions in the state's forest resources at statewide, landscape, and site levels. The council shall provide oversight and program direction for the implementation of the monitoring program. To the extent possible, the information generated under the monitoring program must be reported in formats consistent with the landscape regions used to accomplish the planning and coordination activities specified in section 89A.06. To the extent possible, the program must incorporate data generated by existing resource monitoring programs.
Subd. 2.
Implementation monitoring.
The commissioner shall maintain a program for monitoring application of the timber harvesting and forest management guidelines at statewide, landscape, and site levels. The council shall provide oversight and program direction for the implementation of the monitoring program. To the extent possible, the information generated by the monitoring program must be reported in formats consistent with the landscape regions used to accomplish the planning and coordination activities specified in section 89A.06. The commissioner shall report to the council on the nature and extent of the implementation of the timber harvesting and forest management guidelines.
Subd. 3.
Effectiveness evaluation.
The council, in cooperation with research and land management organizations, shall evaluate the effectiveness of practices to mitigate impacts of timber harvesting and forest management activities on the state's forest resources.
Subd. 4.
[Repealed by amendment, 2014 c 289 s 40]
Subd. 5.
Citizen concerns.
The council shall administer a public concerns registration process to accept comments from the public on timber harvesting or forest management practices.
History:
1995 c 220 s 84,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 120,121,191; 1Sp2001 c 2 s 151; 2002 c 379 art 1 s 108; 2014 c 289 s 40
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89A — Sustainable Forest Resources › Section 89A.08 — Research Advisory Committee.

89A.08 RESEARCH ADVISORY COMMITTEE.
Subdivision 1.
Establishment.
The council chair shall appoint a Forest Resources Research Advisory Committee and a chair of that committee. The committee must consist of representatives of:
(1) the College of Food, Agricultural and Natural Resource Sciences, University of Minnesota;
(2) the Natural Resources Research Institute, University of Minnesota, Duluth;
(3) the department;
(4) the Northern Research Station, United States Department of Agriculture Forest Service; and
(5) other organizations as deemed appropriate by the council.
Subd. 2.
Purpose.
The purpose of the advisory committee is to identify and initiate priority forest resources research activities by encouraging:
(1) collaboration between organizations with responsibilities for conducting forest resources research;
(2) linkages between researchers in different disciplines in conducting forest resources research;
(3) interaction and communication between researchers and practitioners in the development and use of forest resources research; and
(4) communication with the legislature on funding the council's priority forest resources research activities.
Subd. 3.
Research assessment.
The advisory committee shall periodically undertake an assessment of strategic directions in forest resources research. The assessment must be based on input provided by administrators, researchers, practitioners, and the general public, and include:
(1) an assessment of the current status of forest resources research in the state;
(2) an identification of important forest resource issues in need of research;
(3) an identification of priority forest research activities whose results will enable a better understanding of site-level and landscape-level impacts resulting from timber harvesting and forest management activities; and
(4) an assessment of the progress toward addressing the priority forest resources research needs identified.
The forest resources research assessment must be made widely available to the research community, forest managers and users, and the public.
Subd. 4.
Research delivery.
Based on the priority forest resources research activities identified in subdivision 3, the advisory committee shall promote these research needs and the dissemination of findings to the research community, forest managers and users, and the public.
Subd. 5.
Research and practitioner linkages.
The advisory committee shall periodically facilitate forums to increase communications between the individuals and organizations conducting forest resources research and the users of the research.
Subd. 6.
Report.
The advisory committee shall report to the council its accomplishments in fulfilling the responsibilities identified in this section.
History:
1995 c 220 s 85,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 191; 1Sp2001 c 2 s 151; 2002 c 379 art 1 s 108; 2009 c 78 art 6 s 6; 2014 c 286 art 8 s 9; 2014 c 289 s 41-43
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89A — Sustainable Forest Resources › Section 89A.09 — Interagency Information Cooperative.

89A.09 INTERAGENCY INFORMATION COOPERATIVE.
Subdivision 1.
Establishment.
The dean of the College of Food, Agricultural and Natural Resource Sciences, University of Minnesota, is encouraged to maintain an Interagency Information Cooperative that must include members from:
(1) the College of Food, Agricultural and Natural Resource Sciences, University of Minnesota;
(2) the Natural Resources Research Institute, University of Minnesota, Duluth;
(3) the department;
(4) the Minnesota Geospatial Information Office;
(5) the Minnesota Association of County Land Commissioners;
(6) the United States Department of Agriculture Forest Service; and
(7) other organizations as deemed appropriate by the members of the cooperative.
Subd. 2.
Purpose.
The purposes of the cooperative are to:
(1) coordinate the development and use of forest resources data in the state;
(2) promote the development of statewide guidelines and common language to enhance the ability of public and private organizations and institutions to share forest resources data;
(3) promote the development of information systems that support access to important forest resources data;
(4) promote improvement in the accuracy, reliability, and statistical soundness of fundamental forest resources data;
(5) promote linkages and integration of forest resources data to other natural resource information;
(6) promote access and use of forest resources data and information systems in decision-making by a variety of public and private organizations; and
(7) promote expanding the capacity and reliability of forest growth, succession, and other types of ecological models.
Subd. 3.
Report.
By November 1 of each even-numbered year, the information cooperative shall report to the council its accomplishments in fulfilling the responsibilities identified in this section.
History:
1995 c 220 s 86,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 191; 1Sp2001 c 2 s 151; 2002 c 379 art 1 s 108; 2004 c 241 s 4; 2009 c 101 art 2 s 107; 2014 c 289 s 44
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89A — Sustainable Forest Resources › Section 89A.10 — Continuing Education.

89A.10 CONTINUING EDUCATION.
It is the policy of the state to encourage timber harvesters and forest resource professionals to maintain continuing education programs within their respective professions that promote sustainable forest management, including the Minnesota Logger Education Program and the University of Minnesota Sustainable Forests Education Cooperative, respectively.
History:
1995 c 220 s 87,141,142; 1995 c 263 s 12; 1996 c 351 s 1; 1999 c 231 s 122,191; 1Sp2001 c 2 s 151; 2002 c 379 art 1 s 108; 2014 c 289 s 45
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89A — Sustainable Forest Resources › Section 89A.11 — Sunset.

89A.11 SUNSET.
Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 89A.07; 89A.08; 89A.09; 89A.10; 89A.105; and 89A.11 expire June 30, 2033.
History:
2002 c 379 art 1 s 28; 2007 c 57 art 1 s 75; 2014 c 289 s 47; 1Sp2021 c 6 art 2 s 45; 2023 c 60 art 4 s 36
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.005 — Surveyor General Office Abolished; Functions Transferred To Natural Resources Commissioner.

90.005 SURVEYOR GENERAL OFFICE ABOLISHED; FUNCTIONS TRANSFERRED TO NATURAL RESOURCES COMMISSIONER.
Subdivision 1.
[Repealed, 1996 c 310 s 1]
Subd. 2.
Interpreting references.
Whenever in any other general law, or resolution of the legislature heretofore or hereafter adopted, or in any document, record, or proceeding authorized by the same, any word or phrase is used in reference to or descriptive of the surveyor general, or officer or employee thereof, or their respective activities, whose powers, duties, or activities are by Laws 1967, chapter 568 assigned or transferred to the commissioner of natural resources, such word, phrase, or reference shall hereafter be deemed to refer to, include, and describe the commissioner of natural resources, or officers or employees of the commissioner.
Subd. 3.
Continuation of surveyor general powers and duties.
The Department of Natural Resources is deemed and held to constitute a continuation of the Office of the Surveyor General as to powers and duties of the surveyor general transferred by Laws 1967, chapter 568, and not a new authority for the purpose of succession to all rights, powers, duties and obligations of the surveyor general as constituted at the time of such assignment or transfer, with the same force and effect as if such powers and duties had not been assigned or transferred.
Subd. 4.
[Repealed, 1996 c 310 s 1]
Subd. 5.
[Repealed, 1996 c 310 s 1]
Subd. 6.
Unexpended funds.
All unexpended funds appropriated to the surveyor general for the purpose of any of its functions, powers, or duties which are transferred by Laws 1967, chapter 568 to the commissioner of natural resources, are hereby transferred to the commissioner. Where unexpended funds appropriated to the surveyor general for the purposes of any of its functions, powers or duties are changed by Laws 1967, chapter 568 so that the functions, powers or duties are in more than one department, commission, or agency, the commissioner of administration shall allocate the appropriation between the state departments, commissions, or agencies concerned, and the funds so allocated are reappropriated therefor.
Subd. 7.
Employees.
Except as otherwise provided in Laws 1967, chapter 568, all persons in the classified service and employed by the surveyor general for the purposes of any of its functions, powers or duties which are transferred by Laws 1967, chapter 568 to the commissioner of natural resources are hereby transferred to such commissioner. The positions of all persons in the unclassified service and employed by the surveyor general for the purposes of powers or duties which are transferred by Laws 1967, chapter 568 to the commissioner of natural resources are hereby abolished.
History:
1967 c 568 s 1; 1969 c 1129 art 10 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.02 — Citation; Statement Of Policy.

90.02 CITATION; STATEMENT OF POLICY.
(a) This chapter may be cited as the "State Timber Act."
(b) It is the intent and desire of the Minnesota legislature to provide equal opportunity for all segments of our society to participate in the sale process; and attempt to prevent the purchase or acquisition of excessive volumes of the state's timber resources by any one individual or corporation.
(c) The commissioner shall establish specific timber sale allocation standards to reach this objective; including provision for sale of all timber species by each method of sale specified in this chapter; and maintaining reasonable proportions of volume in each method of sale. The standards shall be included in each edition of the timber sales manual published by the commissioner. The standards are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
History:
(6394-1) 1925 c 276 s 1; 1975 c 106 s 1; 1985 c 248 s 70; 2004 c 241 s 5
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.031 — Executive Council And Commissioner Powers.

90.031 EXECUTIVE COUNCIL AND COMMISSIONER POWERS.
Subdivision 1.
[Repealed, 1967 c 66 s 3]
Subd. 2.
[Repealed, 1967 c 66 s 3]
Subd. 3.
Settlement.
The commissioner may make settlement for not less than the full value of any timber cut by lessees of state lands holding under section 92.50.
Subd. 4.
Timber rules.
The Executive Council may formulate and establish, from time to time, rules it deems advisable for the transaction of timber business of the state, including approval of the sale of timber on any tract in a lot exceeding 12,000 cords in volume when the sale is in the best interests of the state, and may abrogate, modify, or suspend rules at its pleasure.
Subd. 5.
Appointment of agents.
The Executive Council may appoint one or more agents to gather evidence in any action brought by the state or to investigate the correctness of any state appraiser's or scaler's report or to ascertain whether any timber proposed to be sold is subject to sale, or whether any trespass has been committed on state lands, and may send such agent to examine such timber or lands. Such agents of the Executive Council, independently of the commissioner, state appraisers, or scalers shall report, in writing, to the governor, and the money necessary to defray expenses in connection therewith shall be paid upon verified accounts from any funds available for the expenses of the Executive Council.
History:
(6394-8) 1925 c 276 s 8; 1933 c 375 s 1; 1937 c 368 s 2; 1939 c 32 s 1; 1961 c 202 s 7; 1965 c 337 s 1; 1967 c 568 s 3; 1981 c 305 s 1; 1984 c 613 s 2; 1987 c 109 s 4; 1993 c 172 s 43; 1996 c 295 s 3; 2013 c 114 art 4 s 27
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.045 — Appraisal Standards.

90.045 APPRAISAL STANDARDS.
By July 1, 1983, the commissioner shall establish specific timber appraisal standards according to which all timber appraisals will be conducted under this chapter. The standards shall include a specification of the maximum allowable appraisal sampling error, including the procedures for tree defect allowance, tract area estimation, product volume estimation, and product value determination. The timber appraisal standards shall be included in each edition of the timber sales manual published by the commissioner. In addition to the duties pursuant to section 90.061, every state appraiser shall work within the guidelines of the timber appraisal standards. The standards shall not be subject to the rulemaking provisions of chapter 14.
History:
1982 c 424 s 130; 1982 c 511 s 21; 1986 c 444; 2013 c 114 art 4 s 34
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.051 — Supervising Sales; Bond.

90.051 SUPERVISING SALES; BOND.
The department employee delegated to supervise state timber appraisals and sales shall be bonded in a form to be prescribed by the commissioner and in the sum of not less than $25,000, conditioned upon the faithful and honest performance of duties.
History:
(6394-11) 1925 c 276 s 11; 1961 c 202 s 10; 1986 c 444; 2017 c 93 art 2 s 48
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.101 — Timber Sold At Public Auction.

90.101 TIMBER SOLD AT PUBLIC AUCTION.
Subdivision 1.
Sale requirements.
The commissioner may sell the timber on any tract of state land and may determine the number of sections or fractional sections of land to be included in the permit area covered by any one permit issued to the purchaser of timber on state lands, or in any one contract or other instrument relating thereto. No timber shall be sold, except (1) to the highest responsible bidder at public auction, or (2) if unsold at public auction, the commissioner may offer the timber for private sale for a period of no more than one year after the public auction to any responsible bidder who pays the appraised value for the timber. The minimum price shall be the appraised value as fixed by the report of the state appraiser. Sales may include tracts in more than one contiguous county or forestry administrative area and shall be held either in the county or forestry administrative area in which the tract is located or in an adjacent county or forestry administrative area that is nearest the tract offered for sale or that is most accessible to potential bidders. In adjoining counties or forestry administrative areas, sales may not be held less than two hours apart.
Subd. 2.
Sale list and notice.
At least 30 days before the date of sale, the commissioner shall compile a list containing a description of each tract of land upon which any timber to be offered is situated and a statement of the estimated quantity of timber and of the appraised price of each kind of timber thereon as shown by the report of the state appraiser. No description shall be added after the list is posted and no timber shall be sold from land not described in the list. Copies of the list must be furnished to all interested applicants. At least 30 days before the date of sale, a copy of the list must be posted on the Internet or conspicuously posted in the forest office or other public facility most accessible to potential bidders. The commissioner may give other published or posted notice as the commissioner deems proper to reach prospective bidders.
History:
(6394-13) 1925 c 276 s 13; 1961 c 202 s 12; 1963 c 44 s 1; 1967 c 110 s 1; 1969 c 366 s 2; 1975 c 106 s 2; 1981 c 305 s 3; 1986 c 444; 1987 c 109 s 6; 1990 c 443 s 1; 1993 c 172 s 45; 1994 c 551 s 3,4; 1996 c 295 s 6; 2003 c 73 s 2; 2004 c 241 s 6; 2005 c 141 s 6; 2013 c 114 art 4 s 36; 2017 c 93 art 2 s 49
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.121 — Intermediate Auction Sales; Maximum Lots Of 3,000 Cords.

90.121 INTERMEDIATE AUCTION SALES; MAXIMUM LOTS OF 3,000 CORDS.
(a) The commissioner may sell the timber on any tract of state land in lots not exceeding 3,000 cords in volume, in the same manner as timber sold at public auction under section 90.101, and related laws, subject to the following special exceptions and limitations:
(1) the commissioner shall offer all tracts authorized for sale by this section separately from the sale of tracts of state timber made pursuant to section 90.101;
(2) no bidder may be awarded more than 25 percent of the total tracts offered at the first round of bidding unless fewer than four tracts are offered, in which case not more than one tract shall be awarded to one bidder. Any tract not sold at public auction may be offered for private sale as authorized by section 90.101, subdivision 1, 30 days after the auction to responsible bidders eligible under this section at the appraised value; and
(3) no sale may be made to a responsible bidder having more than 30 employees. For the purposes of this clause, "employee" means an individual working in the timber or wood products industry for salary or wages on a full-time or part-time basis.
(b) The auction sale procedure set forth in this section constitutes an additional alternative timber sale procedure available to the commissioner and is not intended to replace other authority possessed by the commissioner to sell timber in lots of 3,000 cords or less.
(c) Another bidder or the commissioner may request that the number of employees a bidder has pursuant to paragraph (a), clause (3), be confirmed by signed affidavit if there is evidence that the bidder may be ineligible due to exceeding the employee threshold. The commissioner shall request information from the commissioners of labor and industry and employment and economic development including the premiums paid by the bidder in question for workers' compensation insurance coverage for all employees of the bidder. The commissioner shall review the information submitted by the commissioners of labor and industry and employment and economic development and make a determination based on that information as to whether the bidder is eligible. A bidder is considered eligible and may participate in intermediate auctions until determined ineligible under this paragraph.
History:
1981 c 305 s 4; 1991 c 92 s 1; 1993 c 172 s 46; 1994 c 551 s 5; 1996 c 295 s 7; 2000 c 485 s 2; 2003 c 73 s 3; 2005 c 141 s 7; 2010 c 361 art 4 s 45; 2013 c 114 art 4 s 37
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.145 — Purchaser Qualifications, Registration, And Requirements.

90.145 PURCHASER QUALIFICATIONS, REGISTRATION, AND REQUIREMENTS.
Subdivision 1.
Purchaser requirements.
(a) In addition to any other requirements imposed by this chapter, the purchaser of a state timber permit issued under section 90.151 must meet the requirements in paragraphs (b) to (e).
(b) The purchaser or the purchaser's agents, employees, subcontractors, and assigns conducting logging operations on the timber permit must comply with general industry safety standards for logging adopted by the commissioner of labor and industry under chapter 182. The commissioner of natural resources may require a purchaser to provide proof of compliance with the general industry safety standards.
(c) The purchaser or the purchaser's agents, subcontractors, and assigns conducting logging operations on the timber permit must comply with the mandatory insurance requirements of chapter 176. The commissioner may require a purchaser to provide a copy of the proof of insurance required by section 176.130 before the start of harvesting operations on any permit.
(d) Before the start of harvesting operations on any permit, the purchaser must certify that a foreperson or other designated employee who has a current certificate of completion, which includes instruction in site-level forest management guidelines or best management practices, from the Minnesota Logger Education Program (MLEP), the Wisconsin Forest Industry Safety and Training Alliance (FISTA), or any similar continuous education program acceptable to the commissioner, is supervising active logging operations.
(e) The purchaser and the purchaser's agents, employees, subcontractors, and assigns who will be involved with logging or scaling state timber must be in compliance with this chapter.
Subd. 2.
Purchaser registration.
To facilitate the sale of permits issued under section 90.151, the commissioner may establish a registration system to verify the qualifications of a person or affiliate as a responsible bidder to purchase a timber permit. Any system implemented by the commissioner shall be limited in scope to only that information that is required for the efficient administration of the purchaser qualification requirements of this chapter. The registration system established under this subdivision is not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply.
History:
2006 c 281 art 3 s 11; 2013 c 114 art 4 s 38; 2017 c 93 art 2 s 51
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.162 — Securing Timber Permits With Cutting Blocks.

90.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.
In lieu of the security deposit equal to the value of all timber covered by the permit required by section 90.161, a purchaser of state timber may elect in a format prescribed by the commissioner to give good and valid surety to the state of Minnesota equal to the purchase price for any designated cutting block identified on the permit before the date the purchaser enters upon the land to begin harvesting the timber on the designated cutting block.
History:
1991 c 61 s 1; 2000 c 485 s 8; 2002 c 351 s 5; 2013 c 114 art 4 s 48; 2017 c 93 art 2 s 53
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.164 — Timber Permit Development Option.

90.164 TIMBER PERMIT DEVELOPMENT OPTION.
With the completion of the presale conference requirement under section 90.151, subdivision 6, a permit holder may access the permit area in advance of the permit being fully secured as required by section 90.161, for the express purpose of clearing approved landings and logging roads. No cutting of state timber except that incidental to the clearing of approved landings and logging roads is allowed under this section.
History:
2013 c 114 art 4 s 49
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.171 — Assignment Of Auction Timber Permits.

90.171 ASSIGNMENT OF AUCTION TIMBER PERMITS.
Any permit sold at public auction may be assigned upon written approval of the commissioner. The assignment of any permit shall be signed and acknowledged by the permit holder. The commissioner shall not approve any assignment until the assignee has been determined to meet the qualifications of a responsible bidder and has given to the state a security deposit which shall be substantially in the form of, and shall be deemed of the same effect as, the security deposit required of the original purchaser. The commissioner may accept an agreement of the assignee and any corporate surety upon an original bond, substituting the assignee in the place of the original purchaser and continuing the original bond in full force and effect, as to the assignee. Thereupon but not otherwise the permit holder making the assignment shall be released from all liability arising or accruing from actions taken after the assignment became effective.
History:
(6394-19) 1925 c 276 s 19; 1961 c 202 s 16; 1969 c 366 s 4; 1986 c 444; 2013 c 114 art 4 s 50
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.181 — Statement Of Timber Cut.

90.181 STATEMENT OF TIMBER CUT.
Subdivision 1.
Passage of title to timber.
(a) The commissioner shall transmit to the permit holder a statement of the amount due therefor by the terms of the permit upon completion of the cutting or at least annually in the case of an auction permit. Any partial payment received may be applied to any items on the statement as the commissioner shall determine.
(b) The title to the timber shall not pass from the state until the timber has been scaled as required by the permit, full payment for the timber has been received, and all other provisions of the permit have been fully complied with.
Subd. 2.
Deferred payments.
(a) If the amount of the statement is not paid or the payment is not postmarked within 30 days of the statement date, the amount bears interest at the rate determined pursuant to section 16A.124, except that the purchaser is not required to pay interest that totals $1 or less. If the amount is not paid within 60 days, the commissioner shall place the account in the hands of the commissioner of revenue according to chapter 16D, who shall proceed to collect the amount due. When deemed in the best interests of the state, the commissioner shall take possession of the timber for which an amount is due wherever it may be found and sell the timber informally or at public auction after giving reasonable notice.
(b) The proceeds of the sale must be applied, first, to the payment of the expenses of seizure and sale and, second, to the payment of the amount due for the timber, with interest. The surplus, if any, belongs to the state. In case a sufficient amount is not realized to pay these amounts in full, the balance must be collected by the attorney general. Payment of the amount, recovery of judgment for the amount, satisfaction of the judgment, or seizure and sale of timber does not:
(1) release the sureties on any security deposit given pursuant to this chapter;
(2) preclude the state from afterwards claiming that the timber was cut or removed contrary to law and recovering damages for the trespass thereby committed; or
(3) preclude the state from prosecuting the offender criminally.
History:
(6394-30, 31) 1925 c 276 s 30,31; 1933 c 375 s 2; 1961 c 202 s 23,24; 1965 c 337 s 2; 1967 c 110 s 11; 1967 c 568 s 8; 1969 c 366 s 5; 1981 c 305 s 9; 2000 c 485 s 10; 2004 c 241 s 9; 2013 c 114 art 4 s 51; 2023 c 60 art 4 s 37
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.191 — Informal Sales Of State Timber; Maximum Lots Of 500 Cords.

90.191 INFORMAL SALES OF STATE TIMBER; MAXIMUM LOTS OF 500 CORDS.
Subdivision 1.
Sale requirements.
The commissioner may sell the timber on any tract of state land in lots not exceeding 500 cords in volume, without formalities but for not less than the full appraised value thereof, to any person. No sale shall be made under this section to any person holding more than four permits issued hereunder which are still in effect.
Subd. 2.
Time frame for cutting and removal.
Upon receipt of a down payment for the full appraised value, the commissioner may issue a permit according to section 90.151 to cut timber within the time period specified by the commissioner, which shall not exceed two years from the date of sale.
Subd. 3.
[Repealed, 2004 c 241 s 15]
Subd. 4.
[Repealed, 2004 c 241 s 15]
Subd. 5.
Additional procedure.
The sale procedure under this section is an additional alternative timber sale procedure available to the commissioner and is not intended to replace other authority of the commissioner to sell timber in lots of 500 cords or less.
History:
(6394-10) 1925 c 276 s 10; 1939 c 352 s 1; 1949 c 182 s 1; 1951 c 662 s 1; 1959 c 385 s 1; 1961 c 202 s 9; 1963 c 64 s 1; 1967 c 24 s 1-3; 1967 c 27 s 2; 1967 c 568 s 9; 1969 c 366 s 6; 1969 c 1129 art 10 s 2; 1975 c 106 s 5; 1978 c 640 s 1,2; 1981 c 305 s 10; 1986 c 444; 1994 c 551 s 9; 1996 c 295 s 8; 2003 c 73 s 10,11; 2004 c 241 s 10,11; 2013 c 114 art 4 s 52
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.193 — Extension Of Timber Permits.

90.193 EXTENSION OF TIMBER PERMITS.
The commissioner may, in the case of an exceptional circumstance beyond the control of the timber permit holder which makes it unreasonable, impractical, and not feasible to complete cutting and removal under the permit within the time allowed, grant one regular extension for one year. A written request for the regular extension must be received by the commissioner before the permit expires. The request must state the reason the extension is necessary and be signed by the permit holder. An interest rate of five percent may be charged for the period of extension.
History:
1984 c 613 s 4; 1994 c 551 s 10; 1998 c 395 s 1; 1998 c 401 s 31; 2013 c 114 art 4 s 53; 1Sp2015 c 4 art 4 s 64
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.195 — Special Use And Product Permit.

90.195 SPECIAL USE AND PRODUCT PERMIT.
(a) The commissioner may issue a fuelwood permit to salvage or cut not to exceed 12 cords of fuelwood per year for personal use from either or both of the following sources:
(1) dead, down, and damaged trees; or
(2) other trees that are of negative value under good forest management practices.
(b) The fuelwood permits under paragraph (a) may be issued for a period not to exceed one year. The commissioner must charge a fee for the permit as provided under section 90.041, subdivision 10. The fee must not exceed the current market value of fuelwood of similar species, grade, and volume that is being sold in the area where the salvage or cutting is authorized under the permit.
(c) The commissioner may issue a permit for harvesting or collecting incidental volumes of special forest products. The value of the products is the current market value of the products that are being sold in the area. The permit may be issued for a period not to exceed one year, and the commissioner must charge a fee for the permit as provided under section 90.041, subdivision 10.
(d) The commissioner may issue a special use permit for incidental volumes of timber from approved right-of-way road clearing across state land to access a state timber permit. The permit must include the volume and value of timber to be cleared and may be issued for a period not to exceed one year. A presale conference as required under section 90.151, subdivision 6, must be completed before the start of any activities under the permit.
History:
1967 c 25 s 1; 1980 c 614 s 78; 1Sp1981 c 4 art 2 s 10; 1Sp2005 c 1 art 2 s 74; 2013 c 114 art 4 s 54; 1Sp2019 c 4 art 3 s 40
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.201 — Void Timber Sales; Refunds; Adjustment Of Sale Terms.

90.201 VOID TIMBER SALES; REFUNDS; ADJUSTMENT OF SALE TERMS.
Subdivision 1.
Void sales; refunds.
Any sale of timber made by fraud or mistake or in violation of the provisions of this chapter shall be void, the permit issued thereon shall be of no effect, and the holder shall be required to surrender the same. In case of a sale made by mistake the amount paid shall be refunded to the permit holder, or at the request of the permit holder the commissioner may credit the refund as payment upon any other timber purchased by the permit holder. If timber has been cut on a permit which required cancellation due to error by the state, it may be sold at single stumpage rate without formalities.
Subd. 2.
Refunds on final billing.
The commissioner shall refund to a permit holder any amount paid on a timber sale which exceeds the value of the timber cut under that sale as determined on a final statement transmitted pursuant to section 90.181. The commissioner may credit a refund to any other permit held by the same permit holder if the permit is delinquent as provided in section 90.181, subdivision 2, and may credit a refund to any other permit to which the permit holder requests that it be credited.
Subd. 2a.
Prompt payment of refunds.
Any refund of cash that is due to a permit holder as determined on a final statement transmitted pursuant to section 90.181 or a refund of cash made pursuant to section 90.161, subdivision 1, shall be paid to the permit holder according to section 16A.124 unless the refund is credited on another permit as provided in this chapter.
Subd. 3.
Settlement of permit obligations.
When a permit holder dies or becomes permanently incapacitated, the commissioner may cancel the permit and compromise and settle the remaining obligations to the state.
Subd. 4.
Damaged timber; reappraisal.
When standing timber under a valid permit is damaged through fire, windstorm, flood, or other natural cause, the commissioner may reappraise the timber and modify the permit. The commissioner shall ensure that the reappraisal is in the best interest of the state and the trust.
History:
(6394-20) 1925 c 276 s 20; 1961 c 202 s 17; 1967 c 23 s 1; 1982 c 511 s 20; 1986 c 444; 1993 c 172 s 47; 2000 c 485 s 11,12; 2013 c 114 art 4 s 55
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.211 — Purchase Money; When Forfeited.

90.211 PURCHASE MONEY; WHEN FORFEITED.
If the holder of an effective permit begins to cut and then fails to complete any part of the permit before the expiration of the permit, the permit holder shall nevertheless pay the price therefor; but under no circumstances shall timber be cut after the expiration of the permit or extension thereof.
History:
(6394-21) 1925 c 276 s 21; 1967 c 27 s 3; 1986 c 444; 2005 c 141 s 10; 2013 c 114 art 4 s 56
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.221 — Timber Sales Records.

90.221 TIMBER SALES RECORDS.
The commissioner shall keep timber sales records, including the description of each tract of land from which any timber is sold; the date of the report of the state appraisers; the kind, amount, and value of the timber as shown by such report; the date of the sale; the price for which the timber was sold; the name of the purchaser; the number, date of issuance and date of expiration of each permit; the date of any assignment of the permit; the name of the assignee; the dates of the filing and the amounts of the respective security deposits by the purchaser and assignee; the names of the sureties thereon; the amount of timber taken from the land; the date of the report of the scaler and state appraiser; the names of the scaler and the state appraiser who scaled the timber; and the amount paid for such timber and the date of payment.
History:
(6394-29) 1925 c 276 s 29; 1957 c 202 s 1; 1961 c 202 s 22; 1967 c 568 s 10; 2013 c 114 art 4 s 57
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.231 — Timber Sales; Marking Boundaries.

90.231 TIMBER SALES; MARKING BOUNDARIES.
Whenever timber on a tract of state-owned land is sold, prior to the removal of the timber, the commissioner shall designate the boundaries of such tract.
History:
1961 c 757 s 1; 1969 c 366 s 7
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.252 — Scaling Agreement; Weight-measurement Services; Fees.

90.252 SCALING AGREEMENT; WEIGHT-MEASUREMENT SERVICES; FEES.
Subdivision 1.
Scaling agreement.
The commissioner may enter into an agreement with either a timber sale permittee or the purchaser of the cut products, or both, so that the scaling of the cut timber and the collection of the payment for the same can be consummated by the state. The agreement must be approved as to form and content by the commissioner and must provide for a bond or cash in lieu of a bond and other safeguards as are necessary to protect the interests of the state. The scaling and payment collection procedure may be used for any state timber sale, except that no permittee who is also the consumer shall both cut and scale the timber sold unless the scaling is supervised by a state scaler.
Subd. 2.
Weight-measurement services; fees.
The commissioner may enter into an agreement with the owner or operator of any weight scale inspected, tested, and approved under chapter 239 to provide weight measurements for scaling state timber according to section 90.251. The agreement must be in a format prescribed by the commissioner, becomes part of the official record of any state timber permit so scaled, and must contain safeguards that are necessary to protect the interests of the state. Except as otherwise provided by the commissioner, the cost of any agreement to provide weight measurement of state timber must be paid by the permit holder of any state timber permit so measured, and the cost must be included in the statement of the amount due for the permit under section 90.181, subdivision 1.
History:
1969 c 366 s 10; 2000 c 485 s 13; 2004 c 241 s 12; 2013 c 114 art 4 s 58; 2017 c 93 art 2 s 54
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 90 — Timber Lands › Section 90.281 — Rescales, Recounts, And Reestimates.

90.281 RESCALES, RECOUNTS, AND REESTIMATES.
(a) Upon complaint of any interested permit holder questioning the accuracy of any scale, count, or estimate of timber made by any state appraiser, or at any other time the commissioner determines in the absence of a complaint, the commissioner may cause a rescale, recount, or reestimate thereof to be made jointly by any two or more state appraisers, which when made shall supersede and for all purposes take the place of the original scale, count, or estimate, if and only when the scale or count varies more than ten percent from the original or the estimate exceeds the standards established by section 90.045.
(b) As a condition precedent to the making of a rescale, recount, or reestimate upon the complaint of any person, the commissioner may require the person to make available such sum of money as the commissioner deems necessary for the actual expenses thereof and to forfeit the same to the state if the rescale and recount does not vary more than ten percent from the original or the reestimate does not exceed the standards established by section 90.045. All forfeited money shall be paid into the state treasury and credited to the fund or account from which the expenses of the rescale, recount, or reestimate were paid.
History:
(6394-12) 1925 c 276 s 12; 1961 c 202 s 11; 1967 c 568 s 12; 1986 c 444; 2000 c 485 s 14