reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.111 — Natural Wild Rice Harvesting.

84.111 NATURAL WILD RICE HARVESTING.
Subdivision 1.
Watercraft restrictions.
It shall be unlawful to use, in harvesting wild rice in any public waters in this state, any watercraft other than a boat, skiff, or canoe propelled by hand, which boat, skiff, or canoe may have a top width of not more than 36 inches and a length of not more than 18 feet, or any machine or mechanical device for gathering or harvesting the grain other than with flails not over 30 inches in length nor over one pound in weight, which flails must be held and operated by hand.
Subd. 2.
Pole restrictions.
It is unlawful to use any pole for propelling any watercraft used in such harvesting which is not forked at the end, with each branch less than 12 inches in length.
Subd. 3.
Machine restrictions.
It is unlawful to use in such harvesting any machine or device for gathering the grain other than a flail not over 30 inches in length nor over one pound in weight, held and operated by hand.
Subd. 4.
Harvest hours.
It is unlawful to harvest any wild rice in any public waters between 3:00 p.m. and 9:00 a.m. following except as otherwise expressly permitted in writing by an authorized committee member or other agent of the commissioner pursuant to rules of the commissioner.
Subd. 5.
Fee holder provisions.
Notwithstanding the provisions of subdivisions 1 to 3, any person holding fee title to all property surrounding a body of public waters may use mechanical harvesting devices to harvest wild rice in those waters. This subdivision does not apply to:
(1) any body of public waters greater than 125 acres in size;
(2) any body of public waters to which the public has access directly or through a channel or watercourse;
(3) any body of public waters within the original boundaries of any Indian reservation; or
(4) harvesting of wild rice for use or sale by any person other than the owner of the surrounding property.
History:
1949 c 506 s 3,4; 1959 c 684 s 1; 1963 c 174 s 1; 1982 c 543 s 1; 1985 c 248 s 70; 1986 c 444
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.15 — Commissioner's Authority; Rice Harvesting.

84.15 COMMISSIONER'S AUTHORITY; RICE HARVESTING.
Subdivision 1.
Authority to restrict harvest.
The commissioner may restrict or prohibit the harvesting of wild rice grain on public waters of any designated area when, upon investigation of conditions, it shall be determined necessary or advisable to protect against undue depletion of the crop so as to retard reseeding or restocking of such area or so as to endanger its effective use as a natural food for waterfowl.
Subd. 2.
Harvest for research or planting.
The commissioner may harvest not to exceed 10,000 pounds of wild rice in any calendar year for the purposes of obtaining wild rice seed for experimental and research purposes and replanting in public waters of the state, including waters within the original boundaries of the Minnesota Indian reservations.
History:
(6131-15) 1939 c 231 s 12; 1949 c 628 s 1; 1957 c 85 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.152 — Wild Rice.

84.152 WILD RICE.
Subdivision 1.
Rules.
The commissioner shall prescribe rules for harvesting and possessing wild rice.
Subd. 2.
License required.
A person who buys wild rice within the state for resale to anyone except consumers, or sells wild rice imported from outside the state to anyone within the state except consumers must have a wild rice dealer's license.
Subd. 3.
Application.
(a) An application for a wild rice dealer's license must be made under a written oath. The form of a wild rice dealer's license application must include:
(1) the amount of wild rice, whether raw or processed, bought or sold by the applicant during the preceding calendar year;
(2) the amount of wild rice the applicant estimates will be bought or sold under the license; and
(3) other pertinent information required by the commissioner.
(b) The license fee must be paid in advance, based on the applicant's estimate. A license may not be issued for a fee based on a lesser amount of wild rice than was bought or sold by the applicant during the preceding calendar year.
Subd. 4.
Supplemental license.
A wild rice dealer may not buy or sell wild rice for which a license is required in excess of the amount covered by the license. If a wild rice dealer desires to buy or sell wild rice in excess of the licensed amount, the dealer must apply for a supplemental license. The supplemental license shall be issued for the additional amount of wild rice upon payment of the prescribed fee, less credit for the fees paid for the previous license or licenses issued for the same calendar year. When the supplemental license is issued, the previous licenses held by the dealer shall be surrendered to the commissioner.
Subd. 5.
[Repealed, 1989 c 350 art 19 s 2]
Subd. 6.
Penalties.
(a) A person is guilty of a misdemeanor who:
(1) willfully makes a false statement in an application for a license or in a required report or record; or
(2) violates a provision relating to wild rice dealers.
(b) Each violation is a separate offense. An acquittal prohibits later prosecution based on a similar charge involving other wild rice in the same transaction.
(c) If a wild rice dealer is convicted of two offenses under this subdivision within three years, the dealer's license is null and void and the dealer may not be issued a license for one year after the date of the conviction.
History:
1986 c 386 art 4 s 13
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.1525 — Stromatolites.

84.1525 STROMATOLITES.
Subdivision 1.
Permit required.
A person may not possess, move, or disturb a stromatolite located in waters of the state except under a permit issued by the commissioner.
Subd. 2.
Rules.
The commissioner may adopt rules establishing criteria and procedures for:
(1) the issuance of stromatolite permits with reasonable conditions; and
(2) the denial, modification, suspension, or revocation of stromatolite permits for cause.
History:
1992 c 462 s 2; 1993 c 231 s 2
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.153 — Property; Leasing, Renting.

84.153 PROPERTY; LEASING, RENTING.
(a) The commissioner is hereby authorized at public or private vendue and at such prices and under such terms and conditions as the commissioner may prescribe, to lease any buildings or lands not now authorized to be leased, acquired in the name of the state of Minnesota by any of the several divisions of the department which are not presently needed for the uses and purposes of any of the divisions of the department. The purposes for which such leases may be executed shall be in the furtherance of the interests of conservation and such uses shall not result in any permanent injury to the land. No such lease shall be made for a term to exceed two years and shall contain a provision for cancellation at any time by the commissioner upon three months written notice. All money received from these leases shall be credited to the fund from which the property was acquired, except an amount equal to the cost of maintenance of the leased property shall be credited to the fund charged with the cost of maintenance. Money credited for leased property maintenance is appropriated to the commissioner for that purpose.
(b) The commissioner is hereby authorized to rent or lease to employees of the various divisions of the department such cabins, buildings, or living quarters as are now or may hereafter be constructed upon state-owned lands under the control of the several divisions of the department, when this occupancy is found to be necessary or beneficial to the work of the department. These leases or rental agreements shall be upon a month to month basis and provide for surrender by the lessee upon demand at any time the lessee's services with the state may be terminated, without the necessity of any written notice. All receipts from rents shall be paid in to the commissioner of management and budget and credited to the fund charged with the cost of maintenance of such buildings and are hereby appropriated for such use.
(c) All instruments and transactions so negotiated shall be approved as to form, validity, and execution by the attorney general.
(d) Hunting of wild game is prohibited on any land which has been posted by the lessee to prohibit hunting. Such prohibition shall apply to all persons including the lessee.
History:
1941 c 291 s 1-3; 1965 c 382 s 1; 1986 c 444; 2002 c 376 s 1; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.156 — Interest In Certain Lands Transferred To United States.

84.156 INTEREST IN CERTAIN LANDS TRANSFERRED TO UNITED STATES.
Subdivision 1.
Grant of easement to United States.
There is hereby granted to the United States an easement and right to flow and overflow by water the right-of-way of any and all town, county and state roads or highways lying within the Lac qui Parle water control project in Chippewa, Lac qui Parle, Big Stone, and Swift Counties, below the 945.0 foot elevation on project datum, and no claims for damage shall be maintainable against the United States by the state or any of its governmental subdivisions for any damage or injury to such roadways or highways, below such 945.0 foot elevation, because of the operation of any of the dams in said project or the maintenance of any water levels thereby.
Subd. 2.
Commissioner to acquire certain titles.
The commissioner of natural resources of the state of Minnesota is hereby authorized to acquire by gift, purchase or condemnation, the underlying fee title to the right-of-way of any township or county roads or highways lying within such water control project and not now in public ownership, or the right to flow and overflow the same. The commissioner is further authorized to convey such fee title or flowage easements to the United States, together with any fee titles or easements heretofore obtained by or on behalf of the state, the counties or townships involved, to the right-of-way of any such roads or highways, when such conveyances are required to carry out the purposes of Laws 1943, chapter 476, and Laws 1941, chapter 518.
Subd. 3.
Grant effective upon acceptance.
The grant contained in subdivision 1 herein shall become effective upon the acceptance of title or easements by the United States to lands adjacent to each such road or highway.
Subd. 4.
Certain laws continued in effect.
Nothing herein shall be deemed to repeal or supersede Laws 1943, chapter 476, or Laws 1941, chapter 518, but the same and the whole thereof shall be continued in effect.
History:
1945 c 325 s 1-4; 1969 c 1129 art 10 s 2
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.161 — Land Acquisition For Certain Purposes.

84.161 LAND ACQUISITION FOR CERTAIN PURPOSES.
The commissioner of natural resources is hereby authorized to acquire on behalf of the Department of Natural Resources, state of Minnesota, all dam site and flowage easements and other interests in land by gift, purchase, condemnation or otherwise which may be necessary to accomplish the purposes of this section and to construct all dams, structures and control works needed to restore and control the water levels of Goose and Mud Lakes, Cass County, Minnesota, which authority to condemn shall include the condemnation of state-owned land whether held in trust or otherwise and whether or not the same be set aside as lake shore property or other special use under other provisions of law and the commissioner may further use any land of the state under the commissioner's jurisdiction for this project; all for the purpose of improving habitat for fish, wild fowl and game, wild rice and for forestry and fire protection.
History:
1957 c 69 s 1; 1969 c 1129 art 10 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.162 — Powers Of Commissioner; Flowage Rights.

84.162 POWERS OF COMMISSIONER; FLOWAGE RIGHTS.
The commissioner of natural resources is hereby authorized to enter into contracts and agreements with the United States and any authorized agency thereof for the use by the state of any flowage rights and other interests in land held by the United States needed for the flowage of land for this project and the commissioner of natural resources may acquire such property in fee and may further contract and cooperate with the United States for the operation and control of the levels of said water and the construction and maintenance of any of the structures needed therefor upon such terms and conditions as the commissioner may deem necessary and proper not otherwise inconsistent with law.
History:
1957 c 69 s 2; 1969 c 1129 art 10 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.362 — Removal Of Structures.

84.362 REMOVAL OF STRUCTURES.
Until after the sale of any parcel of tax-forfeited land, whether classified as agricultural or nonagricultural hereunder, the county auditor may, with the approval of the commissioner, provide:
(1) for the sale or demolition of any structure located on the land that has been determined by the county board to be especially liable to fire or so situated as to endanger life or limb or other buildings or property in the vicinity because of age, dilapidated condition, defective chimney, defective electric wiring, any gas connection, heating apparatus, or other defect; and
(2) for the sale of salvage material, if any, therefrom.
History:
1941 c 278 s 8; 2005 c 136 art 9 s 1
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.363 — Sale Of Dead And Down Timber.

84.363 SALE OF DEAD AND DOWN TIMBER.
The county auditor may with the approval of the county board sell dead, down and mature timber upon any tract of agricultural land designated by the commissioner of natural resources. Such sale of timber products shall be for cash at not less than the appraised value thereof, as determined by the commissioner, to the highest bidder after not less than one week's published notice in an official paper within the county. Any timber offered at such public sale and not sold may thereafter be sold at private sale by the county auditor at not less than the appraised value thereof. The forestry practices to be followed in the cutting of this timber shall be approved by the commissioner.
History:
1941 c 278 s 9; 1969 c 1129 art 10 s 2
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.42 — Violations; Penalties.

84.42 VIOLATIONS; PENALTIES.
Subdivision 1.
Penalties.
Any person violating any of the provisions of sections 84.091 to 84.15, or any of the orders of the commissioner promulgated in pursuance of the provisions thereof, shall be guilty of a misdemeanor; and, upon a second conviction within a period of three years, the person's license shall become null and void and no license of the same kind shall be issued to the person for one year after the date of such conviction; and any person violating, or threatening to violate, any provisions of sections 84.091 to 84.15 and Laws 1939, chapter 231, may be restrained by injunction proceedings brought in the name of the state by the attorney general or by any county attorney.
Subd. 2.
[Repealed, 1965 c 45 s 73]
History:
(3109-6, 6131-19) 1939 c 207 s 6; 1939 c 231 s 16; 1969 c 129 s 1; 1986 c 444; 1996 c 410 s 58
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.525 — Maintaining Campsites In Bwca.

84.525 MAINTAINING CAMPSITES IN BWCA.
All reservation fees paid to the state attributable to state-owned lands within the Boundary Waters Canoe Area must be credited to an account in the special revenue fund and are appropriated to the commissioner of natural resources for maintenance of state-owned campsites within the Boundary Waters Canoe Area. The commissioner may enter into cooperative agreements with the federal government for maintenance of the campsites.
History:
1992 c 513 art 2 s 21
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.625 — Conveying Conservation Easements.

84.625 CONVEYING CONSERVATION EASEMENTS.
Notwithstanding any law to the contrary, the commissioner of natural resources may, on state-owned lands administered by the commissioner and on behalf of the state, convey conservation easements as defined in section 84C.01, upon such terms and conditions, including reversion in the event of nonuse, as the commissioner may determine. Any terms and conditions obligating the state to incur costs related to monitoring or maintaining a conservation easement must acknowledge the state is liable for the costs only to the extent of an available appropriation according to section 16A.138.
History:
1Sp2021 c 6 art 2 s 21
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.632 — Conveyance Of Unneeded State Easements.

84.632 CONVEYANCE OF UNNEEDED STATE EASEMENTS.
(a) Notwithstanding section 92.45, the commissioner of natural resources may, in the name of the state, release all or part of an easement acquired by the state upon application of a landowner whose property is burdened with the easement if the easement is not needed for state purposes.
(b) All or part of an easement may be released by payment of the market value of the easement. The release must be in a form approved by the attorney general.
(c) Money received under paragraph (b) must be credited to the account from which money was expended for purchase of the easement. If there is no specific account, the money must be credited to the land acquisition account established in section 94.165.
(d) In addition to payment under paragraph (b), the commissioner of natural resources shall assess a landowner who applies for a release under this section an application fee of $2,000 for reviewing the application and preparing the release of easement. The applicant shall pay the application fee to the commissioner of natural resources. The commissioner shall not issue the release of easement until the applicant has paid the application fee in full. The commissioner shall not return the application fee, even if the application is withdrawn or denied.
(e) Money received under paragraph (d) must be credited to the land management account in the natural resources fund and is appropriated to the commissioner of natural resources to cover the reasonable costs incurred under this section.
(f) Notwithstanding paragraphs (a) to (e), the commissioner of natural resources may elect to assume the application fee under paragraph (d) and waive or assume some or all of the remaining fees and costs imposed under this section if the commissioner determines that issuing the easement release will benefit the state's land management interests.
History:
1988 c 628 s 3; 1993 c 285 s 2; 2009 c 37 art 1 s 16; 2023 c 9 s 3
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.64 — Conservation Restrictions.

84.64 CONSERVATION RESTRICTIONS.
Subdivision 1.
Acquisition.
A conservation restriction for a definite period or in perpetuity may be acquired by:
(1) the commissioner of natural resources, in the name of the state, by gift, purchase or exchange, with funds specifically made available for that purpose;
(2) a nonprofit charitable corporation whose purposes include conservation of land or water areas; or
(3) a home rule charter or statutory city.
Subd. 2.
Definition.
For the purpose of this section, a "conservation restriction" means a right, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of land or in any order of taking, appropriate to retaining land or water areas predominately in their natural, scenic, open or wooded condition, or as suitable habitat for fish and wild life, to forbid or limit any or all:
(1) construction or placing of buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground;
(2) dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials;
(3) removal or destruction of trees, shrubs or other vegetation;
(4) excavation, dredging or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface;
(5) surface use except for purposes permitting the land or water area to remain predominately in its natural condition;
(6) activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wild life habitat preservation; or
(7) other acts or uses detrimental to such retention of land or water areas.
History:
1974 c 531 s 1; 1975 c 163 s 1; 1979 c 159 s 1
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.65 — Conservation Restrictions; Effect Of Recording; Release Of Restrictions; Enforcement.

84.65 CONSERVATION RESTRICTIONS; EFFECT OF RECORDING; RELEASE OF RESTRICTIONS; ENFORCEMENT.
Subdivision 1.
Enforceability; notice; recording.
No conservation restriction defined in section 84.64 and acquired pursuant to section 84.64, subdivision 1, shall be unenforceable on account of lack of privity of estate or contract or lack of benefit to particular land. Nonprofit charitable corporations or home rule charter or statutory cities acquiring such conservation restrictions shall file a notice of each such acquisition with the Department of Natural Resources within 90 days. All restrictions shall be duly recorded and indexed in the office of the county recorder or the registrar of titles for the county where the land lies so as to affect its title, in the manner of other conveyances of interests in land, and shall describe the land subject to the restrictions by adequate legal description or by reference to a recorded plat showing its boundaries.
Subd. 2.
Remedy; right to enter.
The restriction may be enforced by injunction and shall entitle representatives of the holder of it to enter the land in a reasonable manner and at reasonable times to assure compliance.
Subd. 3.
Conveyance; release; reversion.
The restriction may be conveyed in the same manner as any other interest in land. Notwithstanding any other provision to the contrary, a restriction may be released by the holder of the restriction or the dominant interest to the holder of the fee title or the servient interest. In the event a corporation, defined in section 84.64, subdivision 1, clause (2), no longer holds a license to do business in Minnesota, and said corporation has made no provision for the disposition of a conservation restriction held by it by transfer to another nonprofit corporation, the conservation restriction shall revert to and vest in the state of Minnesota and be administered by the commissioner of natural resources.
Subd. 4.
Construction.
This section shall not be construed to imply that any restriction, easement, covenant or condition which does not have the benefit of this section shall, on account of any provision hereof, be unenforceable. Nothing in this section or section 84.64 shall diminish the powers granted by law to the commissioner of natural resources or to any other state agency or political subdivision to acquire by purchase, gift, eminent domain or otherwise and to use land for public purposes.
History:
1974 c 531 s 2; 1975 c 163 s 2,3; 1976 c 181 s 2; 1979 c 159 s 2
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.67 — Forests For The Future Revolving Account.

84.67 FORESTS FOR THE FUTURE REVOLVING ACCOUNT.
A forests for the future revolving account is created in the natural resources fund. Money in the account is appropriated to the commissioner of natural resources for the acquisition of forest lands that meet the eligibility criteria in section 84.66, subdivision 4. The commissioner shall sell the lands acquired under this section, subject to an easement as provided in section 84.66. Money received from the sale of forest lands acquired under this section and interest earned on the account shall be deposited into the account.
History:
2008 c 357 s 6; 2008 c 368 art 1 s 7; 2012 c 272 s 3
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.76 — Apprentice Riders.

84.76 APPRENTICE RIDERS.
Subdivision 1.
Definition.
For the purpose of this section, "accompanied by" means within a distance of another person that permits uninterrupted visual contact and verbal communication.
Subd. 2.
Apprentice riders; requirements.
Notwithstanding sections 84.793, 84.862, 84.925, and 84.9256, a person who is age 12 or over and who does not possess a required safety certificate may participate in up to two trail-riding events sponsored by the commissioner in state parks, state trails, state recreation areas, and state forests that are designed to involve apprentice riders. The person must be accompanied by an adult with a valid safety certificate. All vehicles must be properly registered for use in Minnesota.
History:
2012 c 272 s 4
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.765 — Operating Off-road Recreational Vehicles While Impaired.

84.765 OPERATING OFF-ROAD RECREATIONAL VEHICLES WHILE IMPAIRED.
Subdivision 1.
Definitions.
As used in this section, "controlled substance," "intoxicating substance," and "off-road recreational vehicle" have the meanings given in section 169A.03.
Subd. 2.
Acts prohibited.
(a) An owner or other person having charge or control of an off-road recreational vehicle must not authorize or allow an individual the person knows or has reason to believe is under the influence of alcohol, a controlled substance, or an intoxicating substance to operate the off-road recreational vehicle anywhere in the state or on the ice of a boundary water of the state.
(b) A person who operates or is in physical control of an off-road recreational vehicle anywhere in the state or on the ice of a boundary water of the state is subject to chapter 169A.
(c) The provisions of chapters 169A, 171, and 609 relating to revoking, suspending, or canceling a driver's license, an instruction permit, or a nonresident operating privilege for alcohol, controlled substance, or intoxicating substance violations apply to operators of off-road recreational vehicles and operating privileges for off-road recreational vehicles.
(d) The commissioner of public safety must notify a person of the period during which the person is prohibited from operating an off-road recreational vehicle under section 169A.52, 169A.54, or 171.177.
(e) The court must promptly forward to the commissioner of public safety copies of all convictions and criminal and civil sanctions imposed under chapter 169A and section 171.177.
(f) If the person operating or in physical control of an off-road recreational vehicle is a program participant in the ignition interlock device program described in section 171.306, the off-road recreational vehicle may be operated only if it is equipped with an approved ignition interlock device and all requirements of section 171.306 are satisfied. For purposes of this paragraph, "program participant" and "ignition interlock device" have the meanings given in section 171.306, subdivision 1.
Subd. 3.
Penalties.
(a) A person who violates subdivision 2, paragraph (a), or an ordinance conforming to subdivision 2, paragraph (a), is guilty of a misdemeanor.
(b) A person who operates an off-road recreational vehicle during the period the person is prohibited from operating an off-road recreational vehicle under subdivision 2, paragraph (d), is subject to the penalty provided in section 171.24.
History:
1Sp2021 c 6 art 3 s 1
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.771 — Off-highway Vehicle Definition.

84.771 OFF-HIGHWAY VEHICLE DEFINITION.
For the purposes of sections 84.771 to 84.930, "off-highway vehicle" means an off-highway motorcycle, as defined under section 84.787, subdivision 7; an off-road vehicle, as defined under section 84.797, subdivision 7; or an all-terrain vehicle, as defined under section 84.92, subdivision 8.
History:
2003 c 128 art 1 s 18
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.773 — Restrictions On Operation.

84.773 RESTRICTIONS ON OPERATION.
Subdivision 1.
Restrictions.
A person may not intentionally operate an off-highway vehicle:
(1) on a trail on public land that is designated or signed for nonmotorized use only;
(2) on restricted areas within public lands that are posted or where gates or other clearly visible structures are placed to prevent unauthorized motorized vehicle access;
(3) except as specifically authorized by law or rule adopted by the commissioner, in unfrozen public waters, as defined in section 103G.005; in a state park; in a scientific and natural area; or in a wildlife management area; or
(4) in a calcareous fen, as identified by the commissioner.
Subd. 2.
Wetland disturbance.
A person may not operate an off-highway vehicle in a manner to:
(1) indicate a willful, wanton, or reckless disregard for the safety of persons or property;
(2) carelessly upset the natural and ecological balance of a wetland or public waters wetland; or
(3) impact a wetland or public waters wetland in excess of the amounts authorized in section 103G.2241, subdivision 9, unless:
(i) sequencing of the impact is followed according to section 103G.222, subdivision 1, paragraph (b), and the impact is repaired under section 103G.2242, and rules adopted pursuant to that section; or
(ii) the activity is exempt under section 103G.2241.
Subd. 3.
Private land access.
The commissioner may grant up to a ten-year permit to exempt a private landowner or leaseholder from this section when the only reasonable access to a permit applicant's land is across state land.
History:
2003 c 128 art 1 s 19; 2004 c 255 s 6
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.774 — Off-highway Vehicle Criminal Penalties.

84.774 OFF-HIGHWAY VEHICLE CRIMINAL PENALTIES.
(a) Except as provided in paragraph (b) and section 169A.20, a person who violates a provision of sections 84.773; 84.777; 84.788 to 84.795; 84.798 to 84.804; 84.90; or 84.922 to 84.928 or rules of the commissioner relating to off-highway vehicle use is guilty of a misdemeanor.
(b) A person is guilty of a gross misdemeanor if the person violates section 84.773, subdivision 2, clause (2), and the person recklessly upsets the natural and ecological balance of a wetland or public waters wetland.
(c) A person is prohibited from operating an off-highway vehicle for a period of one year if the person is:
(1) convicted of a gross misdemeanor under paragraph (b);
(2) convicted of or subject to a final order under section 84.775 for a violation of the prohibition on the intentional operation on unfrozen public water, in a state park, in a scientific and natural area, or in a wildlife management area under section 84.773, subdivision 1, clause (3);
(3) convicted of or is subject to a final order under section 84.775 for a violation of the prohibition on the willful, wanton, or reckless disregard for the safety of persons or property under section 84.773, subdivision 2, clause (1); or
(4) convicted of or subject to a final order under section 84.775 for a violation of the prohibition on carelessly upsetting the natural and ecological balance of a wetland or public waters wetland under section 84.773, subdivision 2, clause (2).
(d) The commissioner shall notify the person of the time period during which the person is prohibited from operating an off-highway vehicle.
History:
2009 c 176 art 1 s 4; 1Sp2021 c 6 art 3 s 12
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.777 — Off-highway Vehicles And Snowmobiles; Use Of State Lands Restricted.

84.777 OFF-HIGHWAY VEHICLES AND SNOWMOBILES; USE OF STATE LANDS RESTRICTED.
Subdivision 1.
Designated trails.
(a) Except as otherwise allowed by law or rules adopted by the commissioner, effective June 1, 2003, notwithstanding sections 84.787 to 84.804 and 84.92 to 84.928, the use of off-highway vehicles is prohibited on state land administered by the commissioner of natural resources, and on county-administered forest land within the boundaries of a state forest, except on roads and trails specifically designated and posted by the commissioner for use by off-highway vehicles.
(b) Paragraph (a) does not apply to county-administered land within a state forest if the county board adopts a resolution that modifies restrictions on the use of off-highway vehicles on county-administered land within the forest.
Subd. 2.
Seasonal restrictions.
(a) Except for designated forest roads, a person must not operate an off-highway vehicle or snowmobile on state forest lands during the firearms deer-hunting season in areas of the state where deer may be taken by rifle. This paragraph does not apply to a person in possession of a valid deer-hunting license operating an off-highway vehicle or snowmobile before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
(b) The commissioner may designate and post winter trails on state forest lands for use by off-highway vehicles.
(c) For the purposes of this subdivision, "state forest lands" means forest lands under the authority of the commissioner as defined in section 89.001, subdivision 13, and lands managed by the commissioner under section 282.011.
Subd. 3.
Mapped trails.
(a) Except as provided in sections 84.926 and 84.928, after completion of official department off-highway vehicle maps for the area, a person must not operate an off-highway vehicle on state land that is not mapped for the type of off-highway vehicle. This paragraph does not apply to state forest land north of U.S. Highway 2 until after June 30, 2009.
(b) This subdivision does not apply to a forest access route in a managed forest north of U.S. Highway 2 that the commissioner has not designated as a road or trail. Forest access routes will not be signed or maintained and will not be included on published user maps of the forest. Off-highway vehicle operation on forest access routes is subject to the prohibitions on causing erosion, rutting, damage to trees or crops, and construction of unauthorized trails contained in Minnesota Rules. Damaged routes are subject to closure to off-highway vehicle use.
Subd. 4.
Rulemaking exemption.
Determinations of the commissioner under this section may be by written order published in the State Register and are exempt from the rulemaking provisions of chapter 14. Section 14.386 does not apply.
History:
2003 c 128 art 1 s 21; 2007 c 57 art 1 s 24; 2007 c 131 art 1 s 3; 2009 c 176 art 1 s 50; 2010 c 361 art 4 s 7; 2011 c 107 s 6; 2014 c 290 s 4
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.780 — Off-highway Vehicle Damage Account.

84.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.
(a) The off-highway vehicle damage account is created in the natural resources fund. Money in the off-highway vehicle damage account is appropriated to the commissioner of natural resources for the repair or restoration of property damaged by the illegal operation of off-highway vehicles or the operation of off-highway vehicles in an unpermitted area after August 1, 2003, and for the costs of administration for this section. Before the commissioner may make a payment from this account, the commissioner must determine whether the damage to the property was caused by the unpermitted or illegal use of off-highway vehicles, that the applicant has made reasonable efforts to identify the responsible individual and obtain payment from the individual, and that the applicant has made reasonable efforts to prevent reoccurrence.
(b) Determinations of the commissioner under this section may be made by written order and are exempt from the rulemaking provisions of chapter 14. Section 14.386 does not apply.
(c) Money in the account is available until expended.
History:
2003 c 128 art 1 s 22; 2004 c 221 s 8; 1Sp2005 c 1 art 2 s 20; 2007 c 57 art 1 s 25
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.781 — Use Of Department Resources.

84.781 USE OF DEPARTMENT RESOURCES.
The commissioner of natural resources may permit Department of Natural Resources personnel and equipment to be used to assist local units of government in developing and maintaining off-highway vehicle grant-in-aid trails located on property owned by or under the control of the local unit of government.
History:
1Sp2005 c 1 art 2 s 21; 2014 c 248 s 5
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.787 — Definitions.

84.787 DEFINITIONS.
Subdivision 1.
Scope.
The definitions in this section apply to sections 84.787 to 84.795.
Subd. 2.
Accompanied.
"Accompanied" means subject to continuous direction or control.
Subd. 3.
City.
"City" means a statutory or home rule charter city.
Subd. 4.
Commissioner.
"Commissioner" means the commissioner of natural resources.
Subd. 5.
Dealer.
"Dealer" means a person engaged in the business of selling off-highway motorcycles at wholesale or retail.
Subd. 6.
Manufacturer.
"Manufacturer" means a person engaged in the business of manufacturing off-highway motorcycles.
Subd. 7.
Off-highway motorcycle.
(a) "Off-highway motorcycle" means a motorized, off-highway vehicle traveling on two wheels and having a seat or saddle designed to be straddled by the operator and handlebars for steering control, including a vehicle that is registered under chapter 168 for highway use if it is also used for off-highway operation on trails or unimproved terrain.
(b) Off-highway motorcycle does not include an electric-assisted bicycle as defined in section 169.011, subdivision 27.
Subd. 8.
Owner.
"Owner" means a person, other than a person with a security interest, that has a property interest in or title to an off-highway motorcycle and is entitled to the use and possession of the motorcycle.
Subd. 9.
Person.
"Person" has the meaning given it in section 336.1-201(b)(27).
Subd. 10.
Public road right-of-way.
"Public road right-of-way" means the entire right-of-way of a town road or a county, county state-aid, or trunk highway, including the traveled portions, banks, ditches, shoulders, and medians.
Subd. 11.
Register.
"Register" means the act of assigning a registration number to an off-highway motorcycle.
History:
1993 c 311 art 1 s 1; 2004 c 162 art 3 s 2; 2009 c 176 art 1 s 50; 1Sp2021 c 5 art 4 s 3
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.789 — Requirements Of Makers Of Off-highway Motorcycles; Sound Emissions.

84.789 REQUIREMENTS OF MAKERS OF OFF-HIGHWAY MOTORCYCLES; SOUND EMISSIONS.
Subdivision 1.
Identification number.
An off-highway motorcycle made after January 1, 1994, and sold in the state, must have a manufacturer's permanent identification number stamped in letters and numbers on the vehicle in the form and at a location prescribed by the commissioner.
Subd. 2.
Registration number.
An off-highway motorcycle made after January 1, 1995, and sold in the state, must be designed and made to provide an area to affix the registration number. This area must be at a location and of dimensions prescribed by the commissioner.
Subd. 3.
Sound emissions.
(a) On and after July 1, 2006, off-highway motorcycles, when operating on public lands, shall at all times be equipped with a silencer or other device that limits sound emissions according to this subdivision.
(b) Sound emissions of competition off-highway motorcycles manufactured on or after January 1, 1998, are limited to not more than 96 dbA and, if manufactured prior to January 1, 1998, to not more than 99 dbA, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable.
(c) Sound emissions of all other off-highway motorcycles are limited to not more than 96 dbA if manufactured on or after January 1, 1986, and not more than 99 dbA if manufactured prior to January 1, 1986, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable.
(d) Off-highway motorcycles operating in closed course competition events are excluded from the requirements of this subdivision.
History:
1993 c 311 art 1 s 3; 1Sp2005 c 1 art 2 s 24
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.79 — Rulemaking; Accident Report.

84.79 RULEMAKING; ACCIDENT REPORT.
(a) With a view of achieving proper use of off-highway motorcycles consistent with protection of the environment, the commissioner, in consultation with the commissioners of public safety and transportation, shall adopt rules under chapter 14 relating to:
(1) registration of off-highway motorcycles and display of registration numbers;
(2) use of off-highway motorcycles insofar as game and fish resources are affected;
(3) use of off-highway motorcycles on public lands and waters under the jurisdiction of the commissioner;
(4) uniform signs to be used by the state, counties, and cities necessary or desirable to control, direct, or regulate the operation and use of off-highway motorcycles; and
(5) off-highway motorcycle sound levels.
(b) The commissioner of public safety, in consultation with the commissioners of natural resources and transportation, may adopt rules under chapter 14 regulating the use of off-highway motorcycles on public roads.
(c) The operator and an officer investigating an accident of an off-highway motorcycle resulting in injury requiring medical attention or hospitalization to or death of a person or total damage to an extent of $500 or more shall forward within ten days a written report of the accident to the commissioner on a form prescribed by the commissioner.
History:
1993 c 311 art 1 s 4
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.793 — Youthful Operators; Prohibitions.

84.793 YOUTHFUL OPERATORS; PROHIBITIONS.
Subdivision 1.
Prohibitions on youthful operators.
(a) A person six years or older but less than 16 years of age operating an off-highway motorcycle on public lands or waters must possess a valid off-highway motorcycle safety certificate issued by the commissioner.
(b) Except for operation on public road rights-of-way that is permitted under section 84.795, subdivision 1, a driver's license issued by the state or another state is required to operate an off-highway motorcycle along or on a public road right-of-way.
(c) A person under 12 years of age may not:
(1) make a direct crossing of a public road right-of-way;
(2) operate an off-highway motorcycle on a public road right-of-way in the state; or
(3) operate an off-highway motorcycle on public lands or waters unless accompanied by a person 18 years of age or older or participating in an event for which the commissioner has issued a special use permit.
(d) Except for public road rights-of-way of interstate highways, a person less than 16 years of age may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway only if that person is accompanied by a person 18 years of age or older who holds a valid driver's license.
(e) A person less than 16 years of age may operate an off-highway motorcycle on public road rights-of-way in accordance with section 84.795, subdivision 1, paragraph (a), only if that person is accompanied by a person 18 years of age or older who holds a valid driver's license.
(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may operate an off-highway motorcycle on public lands or waters if the nonresident youth has in possession evidence of completing an off-road safety course offered by the Motorcycle Safety Foundation or another state as provided in section 84.791, subdivision 4.
Subd. 2.
Helmet required.
A person less than 18 years of age may not operate an off-highway motorcycle on public land, public waters, or on a public road right-of-way unless wearing a safety helmet approved by the commissioner of public safety.
Subd. 3.
Prohibitions on owner.
An owner of an off-highway motorcycle may not knowingly allow it to be operated contrary to this section.
Subd. 4.
Eye protection required.
A person may not operate an off-highway motorcycle without an eye-protective device.
History:
1993 c 311 art 1 s 7; 2009 c 176 art 1 s 6; 2010 c 361 art 4 s 9; 2017 c 93 art 2 s 5
2023 Minnesota Statutes › Chapters 83A - 84 — Natural Resources › Chapter 84 — Department Of Natural Resources › Section 84.794 — Off-highway Motorcycle Account; Receipts And Allocations.

84.794 OFF-HIGHWAY MOTORCYCLE ACCOUNT; RECEIPTS AND ALLOCATIONS.
Subdivision 1.
Registration revenue.
Fees from the registration of off-highway motorcycles and the unrefunded gasoline tax attributable to off-highway motorcycle use under section 296A.18 must be deposited in the state treasury and credited to the off-highway motorcycle account in the natural resources fund.
Subd. 2.
Purposes.
(a) Subject to appropriation by the legislature, money in the off-highway motorcycle account may only be spent for:
(1) administration, enforcement, and implementation of sections 84.787 to 84.795;
(2) acquisition, maintenance, and development of off-highway motorcycle trails and use areas;
(3) grants-in-aid to counties and municipalities to construct and maintain off-highway motorcycle trails and use areas; and
(4) grants for enforcement and public education to local law enforcement agencies.
(b) The distribution of funds made available for grants-in-aid must be guided by the statewide comprehensive outdoor recreation plan.
History:
1993 c 311 art 1 s 8; 1994 c 587 art 12 s 1; 1998 c 299 s 30; 2009 c 176 art 1 s 50; 1Sp2019 c 4 art 3 s 17