reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.032 — Acquiring Land.

89.032 ACQUIRING LAND.
Subdivision 1.
Acquiring for state use and development.
The commissioner may acquire administrative sites or rights-of-way by eminent domain, in the manner provided by law, or by purchase any lands or interest in lands in the state forests as created by law, which the commissioner deems necessary for state use, and development.
Subd. 2.
Acquiring for state forests.
The commissioner may acquire lands or interest in lands for state forest purposes. The land or interests in land may be subject to mineral reservations.
Subd. 3.
Leases for forestry purposes.
The commissioner may lease any land which the commissioner deems necessary for use for buildings, lookout towers, or other facilities for forestry purposes for such period as deemed necessary.
History:
1943 c 171 s 3; 1955 c 115 s 1; 1961 c 223 s 6; 1986 c 444; 2011 c 3 s 4
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.033 — Gifts.

89.033 GIFTS.
The commissioner may accept for and in behalf of the state, any gift, bequest, devise, or grant of land or interest in lands in any state forests, or of money or personal property of any kind, which the commissioner may deem suitable for use in connection with the operation, control, development, or use of any state forest.
History:
1943 c 171 s 4; 1961 c 223 s 7; 1986 c 444
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.034 — Tax-forfeited Lands; Inclusion In State Forests.

89.034 TAX-FORFEITED LANDS; INCLUSION IN STATE FORESTS.
Whenever the board of county commissioners, by resolution duly adopted, resolves that any lands, forfeited for nonpayment of taxes, lying within the boundaries of any of the forests hereinabove designated, or that certain tax-forfeited land lying outside of such boundaries and classified as conservation lands are suitable primarily for the growing of timber and timber products, it may submit such resolution to the commissioner. If, upon investigation, the commissioner determines that the lands covered by such resolution can best be managed and developed as state forest lands or as a portion of an existing state forest, the commissioner shall make a certificate describing the lands and reciting the acceptance thereof on behalf of the state as state forest lands. The commissioner shall transmit the certificate to the county auditor, who shall note the same upon records of the auditor and record the same with the county recorder. The title to all lands so accepted shall be held by the state free from any trust in favor of any and all taxing districts, and such lands shall thereafter be managed and devoted to the purposes of state forest lands in the same manner as lands hereinabove set apart as state forest lands, and subject to all the provisions of law.
History:
1943 c 171 s 5; 1961 c 223 s 8; 1976 c 181 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.035 — Income From State Forest Lands; Disposition.

89.035 INCOME FROM STATE FOREST LANDS; DISPOSITION.
All income which may be received from lands acquired by the state heretofore or hereafter for state forest purposes by gift, purchase or eminent domain and tax-forfeited lands to which the county has relinquished its equity to the state for state forest purposes shall be paid into the state treasury and credited as provided in this section, except where the conveyance to and acceptance by the state of lands for state forest purposes provides for other disposition of receipts. The income derived from timber sales receipts shall be credited to the forest management investment account and the amounts derived from all other receipts shall be credited to the general fund.
History:
1943 c 171 s 6; 1961 c 223 s 9; 1989 c 335 art 4 s 27; 1992 c 513 art 2 s 23; 2004 c 241 s 2
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.0385 — Forest Management Investment Account; Cost Certification.

89.0385 FOREST MANAGEMENT INVESTMENT ACCOUNT; COST CERTIFICATION.
(a) The commissioner shall certify the total costs incurred for forest management, forest improvement, and road improvement on state-managed lands during each fiscal year. The commissioner shall distribute forest management receipts credited to various accounts according to this section.
(b) The amount of the certified costs incurred for forest management activities on state lands shall be transferred from the account where receipts are deposited to the forest management investment account in the natural resources fund, except for those costs certified under section 16A.125. Transfers may occur quarterly, based on quarterly cost and revenue reports, throughout the fiscal year, with final certification and reconciliation after each fiscal year. Transfers in a fiscal year cannot exceed receipts credited to the account.
(c) The amount of the certified costs incurred for forest management activities on nonstate lands managed under a good neighbor or joint powers agreement must be transferred from the account where receipts are deposited to the forest management investment account in the natural resources fund. Transfers for costs incurred may occur after projects or timber permits are finalized.
History:
1Sp2011 c 2 art 4 s 5; 2013 c 114 art 4 s 21; 2016 c 189 art 3 s 30
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.039 — Forest Management Investment Account.

89.039 FOREST MANAGEMENT INVESTMENT ACCOUNT.
Subdivision 1.
Account established; sources.
The forest management investment account is created in the natural resources fund in the state treasury and money in the account may be spent only for the purposes provided in subdivision 2. The following revenue shall be deposited in the forest management investment account:
(1) timber sales receipts transferred from the consolidated conservation areas account as provided in section 84A.51, subdivision 2;
(2) timber sales receipts from forest lands as provided in section 89.035;
(3) money transferred from the forest suspense account according to section 16A.125, subdivision 5;
(4) interest accruing from investment of the account; and
(5) money transferred from other accounts according to section 89.0385.
Subd. 2.
Purposes of account.
Subject to appropriation by the legislature, money in the forest management investment account may be spent by the Department of Natural Resources in accordance with the forest resource management policy and plan for any of the following purposes:
(1) reforestation and timber stand improvement, including forest pest management;
(2) timber sales administration, contract marking of commercial thinning sales, cultural resource reviews, and other timber sales costs; and
(3) state forest road maintenance costs that exceed appropriations under section 89.70.
History:
2004 c 241 s 3; 1Sp2005 c 1 art 2 s 70; 1Sp2011 c 2 art 4 s 6
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.05 — Accounting System.

89.05 ACCOUNTING SYSTEM.
The Department of Natural Resources shall consolidate and simplify the accounting system within the department for receipts from department managed lands, disbursements made on a regular basis, and the program for federal aids and grant reimbursements. The new accounting system shall be implemented with the cooperation and under the supervision of the Department of Management and Budget.
History:
1982 c 511 s 12; 1999 c 99 s 12; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.17 — Leases And Permits.

89.17 LEASES AND PERMITS.
(a) Notwithstanding the permit procedures of chapter 90, the commissioner may grant and execute, in the name of the state, leases and permits for the use of any forest lands under the authority of the commissioner for any purpose that in the commissioner's opinion is not inconsistent with the maintenance and management of the forest lands, on forestry principles for timber production. Every such lease or permit is revocable at the discretion of the commissioner at any time subject to such conditions as may be agreed on in the lease. The approval of the commissioner of administration is not required upon any such lease or permit. No such lease or permit for a period exceeding 21 years shall be granted except with the approval of the Executive Council.
(b) Public access to the leased land for outdoor recreation is the same as access would be under state management.
(c) Notwithstanding section 16A.125, subdivision 5, after deducting the reasonable costs incurred for preparing and issuing the lease, all remaining proceeds from leasing school trust land and university land for roads on forest lands must be deposited into the respective permanent fund for the lands.
(d) The commissioner may require a performance bond, security deposit, or other form of security for removing any improvements or personal property left on the leased premises by the lessee upon termination or cancellation of the lease.
(e) In addition to other payments required by this section, the applicant must reimburse the state for costs incurred for cultural resources review, monitoring, or other services provided by the Minnesota Historical Society under contract with the commissioner of natural resources or the State Historic Preservation Office of the Department of Administration in connection with reviewing the lease request, preparing the lease terms, or monitoring construction of improvements on the leased premises.
History:
(6513-6) 1931 c 263 s 6; 1957 c 136 s 1; 1959 c 473 s 1; 1961 c 223 s 10; 1965 c 382 s 2; 1986 c 444; 1988 c 462 s 3; 2010 c 361 art 4 s 43; 2011 c 107 s 46; 2017 c 54 s 2; 2018 c 186 s 1; 1Sp2021 c 6 art 2 s 43
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.18 — Roads Through State Forests.

89.18 ROADS THROUGH STATE FORESTS.
No public highway, other than a state trunk highway, shall be established or laid out through any state forest as the same shall be created and withdrawn from public sale and entry by existing or subsequent act, without the consent of the commissioner, certified in writing to the public authority having power to establish or lay out such highway. In any judicial proceeding affecting the laying out of a highway, the court may either sustain or reverse the action of the commissioner as the court, in its discretion, may deem proper. The limitations and restrictions provided in this section shall not apply to state-owned lands which have not been expressly withdrawn from sale and created and reserved as state forests. No state forest lands or right or easement therein shall be taken by eminent domain for any purpose without the consent of the commissioner, certified in writing to the authority or corporation exercising such power of eminent domain.
History:
(6513-7) 1931 c 263 s 7; 1961 c 223 s 11; 1986 c 444; 2006 c 214 s 20
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.19 — Rules.

89.19 RULES.
Subdivision 1.
Rulemaking authority.
The commissioner may prescribe rules governing the use of forest lands under the authority of the commissioner and state forest roads, or any parts thereof, by the public and governing the exercise by holders of leases or permits on forest lands and state forest roads of all their rights under the leases or permits.
Subd. 2.
Rulemaking exemption.
Designations of forest trails and changes to the designations by the commissioner shall be by written order published in the State Register. Designations and changes to designations are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. Before designating or changing a designation of forest trails, the commissioner shall hold a public meeting in the county where the largest portion of the forest lands are located to provide information to and receive comment from the public regarding the proposed trail designation or change in designation. Sixty days before the public meeting, notice of the proposed forest trail designation or change in designation shall be published in the legal newspapers that serve the counties in which the lands are located, in a statewide Department of Natural Resources news release, and in the State Register.
History:
(6513-8) 1931 c 263 s 8; 1961 c 223 s 12; 1985 c 248 s 70; 1988 c 462 s 4; 1988 c 686 art 4 s 3; 2004 c 221 s 32; 1Sp2005 c 1 art 2 s 71
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.20 — Posted Land; Trespass.

89.20 POSTED LAND; TRESPASS.
Camping on posted state forest land or the erection of any type of building without written authorization shall be considered trespass. Any violation of the terms of this section shall constitute a misdemeanor. This does not prohibit temporary camping on unrestricted areas for such purposes as hunting, fishing, berry picking, or other similar uses of state forest land.
History:
1961 c 223 s 13
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.21 — Campgrounds; Establishment And Fees.

89.21 CAMPGROUNDS; ESTABLISHMENT AND FEES.
(a) The commissioner is authorized to establish and develop state forest campgrounds and may establish minimum standards not inconsistent with the laws of the state for the care and use of such campgrounds and charge fees for such uses as specified by the commissioner of natural resources.
(b) Notwithstanding section 16A.1283, the commissioner shall, by written order, establish fees providing for the use of state forest campgrounds. The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
(c) All fees shall be deposited in an account in the natural resources fund and are appropriated annually to the commissioner.
History:
1963 c 657 s 1; 1967 c 905 s 9; 1969 c 1129 art 10 s 2; 1989 c 335 art 4 s 29; 2004 c 221 s 33; 1Sp2011 c 2 art 4 s 7
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.22 — Uses Of State Forest Lands; Fees.

89.22 USES OF STATE FOREST LANDS; FEES.
Subdivision 1.
Establishing fees.
Notwithstanding section 16A.1283, the commissioner may, by written order published in the State Register, establish fees providing for the use of state forest lands, including motorcycle, snowmobile, and sports car rallies, races, or enduros; orienteering trials; group campouts that do not occur at designated group camps; dog sled races; dog trials; large horse trail rides; and commercial uses. The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
Subd. 2.
Receipts to special revenue fund.
Fees collected under subdivision 1 shall be credited to the special revenue fund and are annually appropriated to the commissioner to recoup the costs of developing, operating, and maintaining facilities necessary for the specified uses in subdivision 1 or to prevent or mitigate resource impacts of those uses.
History:
2006 c 281 art 3 s 9; 2007 c 57 art 1 s 56
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.26 — State Water Powers Withdrawn From Sale.

89.26 STATE WATER POWERS WITHDRAWN FROM SALE.
All water powers having a possible average development of 100 horsepower or more owned by or subject to the control of the state and all lands so owned, controlled, or held in trust by the state lying within one mile of such water powers are hereby withdrawn from sale and held for the purpose of the improvement and utilization of the same for the purpose of having paper manufactured by plants built at and using the power of such water powers.
History:
(6519) 1917 c 360 s 1
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.27 — Land Suitable For Reforestation Withdrawn From Sale.

89.27 LAND SUITABLE FOR REFORESTATION WITHDRAWN FROM SALE.
All lands owned, controlled, or held in trust by the state, which lands would be overflowed by the complete and full development of the water powers referred to in section 89.26 are hereby reserved and withdrawn from sale in order that they may be overflowed by the improvement of the water powers within whose basin of overflow they lie. All lands unfit for agricultural and suitable for reforestation purposes are hereby withdrawn from sale. The commissioner is hereby requested and directed to ascertain all the water powers and lands referred to in section 89.26 with all due speed and to withdraw from sales all such lands and to report such withdrawals, including in such report the description of the land, the present character and the growth thereon, the estimated value of the land, and of the timber, if any, now growing thereon; also the quantity and character of the timber suitable for use in the manufacture of paper growing on the land and the most accessible method of transportation of the timber of use in the manufacture of paper to the nearest reserved water power or any water power which in the opinion of the commissioner can advantageously be procured by the state by condemnation or purchase for the purposes provided in sections 89.26 to 89.28.
History:
(6520) 1917 c 360 s 2
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.28 — Pulpwood Investigation.

89.28 PULPWOOD INVESTIGATION.
The commissioner shall make an investigation of the possibility of the state securing by purchase or condemnation water powers in the vicinity of state lands wherein pulpwood is now growing or upon which it may be profitably grown in the future. For such purpose the commissioner may call upon the state drainage engineer for assistance.
History:
(6521) 1917 c 360 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.35 — Tree Planting.

89.35 TREE PLANTING.
Subdivision 1.
Definitions.
The definitions in this subdivision apply to sections 89.35 to 89.39.
(a) "Tree" means any species of tree, woody perennial, shrub, or vine approved by the commissioner for the purposes authorized in sections 89.35 to 89.39, except cultivated varieties that are capable of producing fruit for human consumption.
(b) "Planting stock" or "tree planting stock" means trees native to this state and includes native tree hybrids that have been improved for conservation purposes.
Subd. 2.
Purpose of planting.
The purposes for which trees may be produced, procured, distributed, and planted under sections 89.35 to 89.39 shall include auxiliary forests, woodlots, windbreaks, shelterbelts, erosion control, soil conservation, water conservation, provision of permanent food and cover for wild life, environmental education, and afforestation and reforestation on public or private lands of any kind, but shall not include the raising of fruit for human consumption or planting for purely ornamental purposes. It is hereby declared that all such authorized purposes are in furtherance of the public health, safety, and welfare.
History:
1947 c 94 s 1; 1969 c 1129 art 10 s 2; 1978 c 578 s 1; 1980 c 509 s 20; 1993 c 224 art 14 s 2; 1997 c 119 s 1
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.36 — Producing And Procuring Planting Stock.

89.36 PRODUCING AND PROCURING PLANTING STOCK.
Subdivision 1.
Production at state nurseries.
The commissioner of natural resources may produce tree planting stock for the purposes of sections 89.35 to 89.39 upon any lands under control of the commissioner which may be deemed suitable and available therefor so far as not inconsistent with other uses to which such lands may be dedicated by law. The commissioner may not produce more than 10,000,000 units of planting stock annually, after January 1, 2003.
Subd. 2.
Purchasing stock.
The commissioner of natural resources may purchase tree planting stock for the purposes herein authorized under the provisions of sections 89.35 to 89.39, or any other applicable law now or hereafter in force. The commissioner must give preference for Minnesota-grown planting stock.
Subd. 3.
Sale or exchange of stock.
In carrying out the provisions of sections 89.35 to 89.39, the commissioner may sell to or exchange surplus tree planting stock and seed with other states or the federal government for the following purposes:
(1) to acquire tree planting stock of a species which is in short supply in the commissioner's inventory;
(2) to acquire tree planting stock of a species not grown by the commissioner;
(3) to acquire tree planting stock genetically superior to that grown by the commissioner; and
(4) to utilize tree planting stock or seed not needed for the reforestation program in the state.
Subd. 4.
Annual report.
(a) The commissioner shall submit an annual report to the legislature relating to the production of planting stock at state nurseries. The report must include the following:
(1) sales figures;
(2) income figures; and
(3) expenses for operations and administration.
(b) Copies of the report must be filed with the Legislative Reference Library and made available to the public.
(c) The commissioner shall also provide any additional information requested by the legislature relating to the production of planting stock at state nurseries.
History:
1947 c 94 s 2; 1969 c 1129 art 10 s 4; 1973 c 234 s 1; 1980 c 509 s 21; 1983 c 196 s 1; 1986 c 444; 1994 c 551 s 1; 1997 c 119 s 2,3; 2002 c 351 s 3; 1Sp2005 c 1 art 2 s 72
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.38 — Prohibition; Penalties.

89.38 PROHIBITION; PENALTIES.
It shall be unlawful for a period of ten years from the date of purchase for any person who purchases trees from the commissioner to use or permit the use of planting stock furnished hereunder for any purpose not authorized hereunder, or to sell, give, remove, or permit the removal with roots attached of any tree previously planted from stock furnished hereunder for replanting on any ground not owned by the purchaser or for any purpose not authorized hereunder. Any violation of this section shall be a misdemeanor.
History:
1947 c 94 s 4; 1973 c 234 s 3; 1978 c 773 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.39 — Purchase Agreements And Penalties.

89.39 PURCHASE AGREEMENTS AND PENALTIES.
Every individual, partnership, or private corporation to whom any planting stock is supplied for planting on private land under sections 89.35 to 89.39 must execute an agreement, in a format approved by the commissioner, to comply with the requirements of sections 89.35 to 89.39 and conditions prescribed by the commissioner thereunder. Any party to such an agreement who violates the agreement is, in addition to any other penalties that may be applicable, liable to the state in a sum equal to three times the reasonable value of the trees affected by the violation at the time the trees were shipped for planting; provided, that if the trees are sold or offered for sale for any purpose not authorized under sections 89.35 to 89.39, the penalty is equal to three times the sale price. The penalties are recoverable in a civil action brought in the name of the state by the attorney general.
History:
1947 c 94 s 5; 1980 c 509 s 22; 2017 c 93 art 2 s 43
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.391 — Nursery Inspection Certificates; Limitations On Issuance.

89.391 NURSERY INSPECTION CERTIFICATES; LIMITATIONS ON ISSUANCE.
No certificate of inspection shall be issued pursuant to section 18H.05 by the commissioner of agriculture to a person who is determined by the commissioner of natural resources to have purchased trees pursuant to sections 89.35 to 89.39 and who is selling, giving, removing, or permitting the removal of the trees with roots attached, in violation of section 89.38.
History:
1973 c 234 s 4; 1978 c 773 s 4; 1986 c 444; 2004 c 228 art 1 s 20
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.41 — School Forests.

89.41 SCHOOL FORESTS.
Subdivision 1.
Establishing and maintaining school forests.
Any school district in the state, however organized, the University of Minnesota, or any branch thereof, any state university, community college, or other public educational institution or agency of the state, all herein referred to as agencies, may establish and maintain school forests according to this section, subject to the approval of the commissioner of natural resources. For the purpose of a school forest, an agency may use land the agency owns or uses under an agreement or may acquire land by gift or with contributed funds.
Subd. 2.
Conveying tax-forfeited land for school forest use.
For the purposes of school forests established under this section, any tax-forfeited lands may be sold by the county board to an agency or may be conveyed by the commissioner of revenue to an agency in like manner as provided for the sale or conveyance of tax-forfeited lands to governmental subdivisions under section 282.01. A conveyance under this subdivision is made without monetary compensation or consideration for the conveyance, but the conveyance is subject to the conditional use and reversion provisions under section 282.01, subdivisions 1c and 1d, paragraph (e).
Subd. 3.
Monitoring and reporting.
The commissioner shall annually monitor tax-forfeited lands conveyed according to subdivision 2 to determine whether the lands continue to be used as school forests. The commissioner shall submit an annual monitoring report to the commissioner of revenue that identifies any lands no longer used as school forests.
History:
1949 c 431 s 1; 1957 c 576 s 1,2; 1969 c 1129 art 10 s 2; 1973 c 349 s 2; 1973 c 582 s 3; 1975 c 321 s 2; 2013 c 73 s 2
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.42 — Sale Of Forest Products.

89.42 SALE OF FOREST PRODUCTS.
Any such agency may sell or otherwise dispose of timber or other forest products grown in any such forest in such manner as the governing authority of such agency may determine, subject to the approval of the commissioner of natural resources. The proceeds of such sales shall be paid into the treasury of the agency, and may be used for maintenance or improvement of the forest, for acquisition of additional land for such forests, or for any other purpose within the lawful powers of the agency, as its governing authority may determine.
History:
1949 c 431 s 2; 1969 c 1129 art 10 s 2
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.421 — Forest Resource Assessment Products And Services Account.

89.421 FOREST RESOURCE ASSESSMENT PRODUCTS AND SERVICES ACCOUNT.
Subdivision 1.
Creation.
The forest resource assessment products and services account is created in the state treasury in the natural resources fund.
Subd. 2.
Receipts.
Money received from forest resource assessment product sales and services provided by the commissioner under sections 84.025, subdivision 9; 84.026; and 84.0855 shall be credited to the forest resource assessment products and services account. Forest resource assessment products and services include the sale of aerial photography, remote sensing, and satellite imagery products and services.
Subd. 3.
Use of money in account.
Money credited to the forest resource assessment products and services account under subdivision 2 is annually appropriated to the commissioner and shall be used to maintain the staff and facilities producing the aerial photography, remote sensing, and satellite imagery products and services.
History:
2007 c 57 art 1 s 57
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.43 — Tree Seeds And Cones; Payments From Appropriations.

89.43 TREE SEEDS AND CONES; PAYMENTS FROM APPROPRIATIONS.
(a) Notwithstanding any provision of law to the contrary, out of any money appropriated to the commissioner of natural resources for the purchase of tree seeds and seed cones the commissioner of management and budget shall pay to the commissioner upon request the amounts deemed necessary by the commissioner to maintain an inventory of tree seeds and seed cones to assure an adequate supply for the nursery and forestry development needs of the department and to pay for the seeds and seed cones in cash at the time of delivery.
(b) The commissioner shall deposit any money received pursuant to this section in a state depository subject to withdrawal for disbursement by check for the purposes described by the commissioner or authorized agent.
(c) The commissioner of management and budget shall prescribe rules by which the commissioner of natural resources shall account for the expenditures made pursuant to this section and may require an additional bond to cover all money paid to the commissioner of natural resources for disbursement pursuant to this section. Any bond premiums shall be paid by the commissioner from money available for that purpose.
(d) Unless the legislature specifically otherwise directs in any act appropriating money to the commissioner of natural resources for the purchase of tree seeds and seed cones, money paid to the commissioner pursuant to this section shall not cancel on June 30 of any fiscal year and shall be available for expenditure in the ensuing fiscal year.
History:
1961 c 172 s 1; 1967 c 905 s 5; 1969 c 1129 art 10 s 2; 1973 c 492 s 14; 1981 c 356 s 279; 1986 c 444; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.51 — Definitions.

89.51
MS 1957 [Renumbered 18.341]
89.51 DEFINITIONS.
Subdivision 1.
Applicability.
For the purposes of sections 89.51 to 89.64 the terms described in this section have the meanings ascribed to them.
Subd. 2.
Person.
"Person" shall include any individual, firm, partnership, corporation, public or private, association or any other business entity whether or not incorporated.
Subd. 3.
Commissioner.
"Commissioner" shall mean the commissioner of natural resources.
Subd. 4.
Director, Division of Lands and Forestry.
"Director, Division of Lands and Forestry" shall include Department of Natural Resources and Department of Agriculture personnel deputized by the director, Division of Lands and Forestry.
Subd. 5.
Control.
"Control" includes prevent, retard, suppress, eradicate or destroy.
Subd. 6.
Infestation.
"Infestation" includes actual, potential, incipient, or emergent infestation or infection by forest pests or shade tree pests.
Subd. 7.
Cooperators.
"Cooperators" shall include state, federal, county, municipal and private governmental and business organizations and their legal representatives.
Subd. 8.
[Repealed, 2007 c 57 art 1 s 170]
Subd. 9.
Forest land or forest.
"Forest land" or "forest" means land on which occurs a stand or potential stand of trees valuable for timber products, watershed or wildlife protection, recreational uses, community forest benefits, or other purposes, and shall include lands owned or controlled by the state of Minnesota.
Subd. 10.
Timber.
"Timber" includes forest trees standing or down, alive or dead.
History:
1955 c 676 s 1; 1957 c 295 s 1,2; 1961 c 113 s 1; 1967 c 905 s 5; 1969 c 1129 art 3 s 1; 1976 c 16 s 1; 2007 c 57 art 1 s 58-60
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.52 — Surveys And Investigations.

89.52
MS 1957 [Renumbered 18.351]
89.52 SURVEYS AND INVESTIGATIONS.
The commissioner shall make surveys and investigations to determine the presence of infestations of forest pests or shade tree pests. For this purpose, duly designated representatives of the commissioner may enter at reasonable times on public and private lands to conduct the surveys and investigations.
History:
1955 c 676 s 2; 1957 c 295 s 3; 2007 c 57 art 1 s 61
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.53 — Control Of Forest Pests And Shade Tree Pests.

89.53
MS 1957 [Renumbered 18.361]
89.53 CONTROL OF FOREST PESTS AND SHADE TREE PESTS.
Subdivision 1.
Commissioner's duties; notice of control measures.
Whenever the commissioner finds that an area in the state is infested or threatened to be infested with forest pests or shade tree pests, the commissioner shall determine whether measures of control are needed, what control measures are to be applied, and the area over which the control measures shall be applied. The commissioner shall prescribe a proposed zone of infestation covering the area in which control measures are to be applied and shall publish notice of the proposal once a week, for two successive weeks in a newspaper having a general circulation in each county located in whole or in part in the proposed zone of infestation. Prescribing zones of infestation and prescribing measures of control are exempt from the rulemaking provisions of chapter 14 and section 14.386 does not apply.
Subd. 2.
Notice requirements; public comment.
The notice shall include a description of the boundaries of the proposed zone of infestation, the control measures to be applied, and a time and place where municipalities and owners of forest lands or shade trees in the zone may show cause orally or in writing why the zone and control measures should or should not be established. The commissioner shall consider any statements received in determining whether the zone shall be established and the control measures applied.
Subd. 3.
Experimental programs.
The commissioner may establish experimental programs for the control of forest pests or shade tree pests and for municipal reforestation.
History:
1955 c 676 s 3; 1957 c 295 s 4; 1986 c 444; 2004 c 221 s 35; 2007 c 57 art 1 s 62
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.54 — Zones Of Infestation; Establishment.

89.54
MS 1957 [Renumbered 18.371]
89.54 ZONES OF INFESTATION; ESTABLISHMENT.
Upon the decision by the commissioner that the establishment of a zone of infestation is necessary, the commissioner shall make a written order establishing the zone, and upon making the order, the zone shall be established. Notice of the establishment of the zone shall thereupon be published in a newspaper having a general circulation in each county located in whole or in part in the proposed zone and posted on the Department of Natural Resources website.
History:
1955 c 676 s 4; 1957 c 295 s 5; 1986 c 444; 2007 c 57 art 1 s 63
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.55 — Infestation Control; Costs.

89.55
MS 1957 [Renumbered 18.381]
89.55 INFESTATION CONTROL; COSTS.
Upon the establishment of the zone of infestation, the commissioner may apply measures of infestation prevention and control on public and private forest and other lands within an infected zone and to any trees, plants, wood or wood products, or contaminated soil harboring or which may harbor the forest pests or shade tree pests. For this purpose, the duly authorized representatives of the commissioner are authorized to enter upon any lands, public or private within the zone. The commissioner may enter into agreements with owners of the lands in the zone covering the control work on their lands, and fixing the pro rata basis on which the cost of the work will be shared between the commissioner and the owner.
History:
1955 c 676 s 5; 1957 c 295 s 6; 2007 c 36 s 1; 2007 c 57 art 1 s 64
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.551 — Approved Firewood Required.

89.551 APPROVED FIREWOOD REQUIRED.
(a) After the commissioner issues an order under paragraph (b), a person may not possess firewood on land administered by the commissioner of natural resources unless the firewood:
(1) was obtained from a firewood distribution facility located on land administered by the commissioner;
(2) was obtained from a firewood dealer who is selling firewood that is approved by the commissioner under paragraph (b); or
(3) has been approved by the commissioner of natural resources under paragraph (b).
(b) The commissioner of natural resources shall, by written order published in the State Register, approve firewood for possession on lands administered by the commissioner. The order is not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
(c) A violation under this section is subject to confiscation of firewood and after May 1, 2008, confiscation and a $100 penalty. A firewood dealer shall be subject to confiscation and assessed a $100 penalty for each sale of firewood not approved under the provisions of this section and sold for use on land administered by the commissioner.
(d) For the purposes of this section, "firewood" means any wood that is intended for use in a campfire, as defined in section 88.01, subdivision 25.
History:
2007 c 36 s 2
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.57 — Dissolution Of Infestation Zone.

89.57
MS 1957 [Renumbered 18.401]
89.57 DISSOLUTION OF INFESTATION ZONE.
Whenever the commissioner shall determine that forest pest or shade tree pest control work within an established zone of infestation is no longer necessary or feasible, the commissioner shall dissolve the zone.
History:
1955 c 676 s 7; 1957 c 295 s 8; 2007 c 57 art 1 s 67
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.58 — Forest Pest And Shade Tree Pest Control Account.

89.58
MS 1957 [Renumbered 18.411]
89.58 FOREST PEST AND SHADE TREE PEST CONTROL ACCOUNT.
All money collected under the provisions of sections 89.51 to 89.64, together with such money as may be appropriated by the legislature or allocated by the Legislative Advisory Commission for the purposes of sections 89.51 to 89.64, and such money as may be contributed or paid by the federal government, or any other public or private agency, organization or individual, shall be deposited in the state treasury, to the credit of the forest pest and shade tree pest control account, which account is hereby created, and any moneys therein are appropriated to the commissioner for use in carrying out the purposes of sections 89.51 to 89.64.
History:
1955 c 676 s 8; 1957 c 295 s 9; 1975 c 271 s 6; 1990 c 594 art 3 s 4; 2007 c 57 art 1 s 68
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.59 — Cooperation.

89.59
MS 1957 [Renumbered 18.421]
89.59 COOPERATION.
The commissioner may cooperate with the United States or agencies thereof, other agencies of the state, county or municipal governments, agencies of neighboring states, or other public or private organizations or individuals and may accept such funds, equipment, supplies, or services from cooperators and others as the commissioner may provide in agreements with the United States or its agencies for matching of federal funds as required under laws of the United States relating to forest pests and shade tree pests.
History:
1955 c 676 s 9; 1957 c 295 s 10; 2007 c 57 art 1 s 69
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.60 — Commissioner's Authority.

89.60
MS 1957 [Renumbered 18.422]
89.60 COMMISSIONER'S AUTHORITY.
The commissioner is authorized to employ personnel in accordance with the laws of this state, to procure necessary equipment, supplies, and service, to enter into contracts, to provide funds to any agency of the United States for work or services under sections 89.51 to 89.64, and to designate or appoint, as the commissioner's representatives, employees of cooperators, including employees of the United States or any agency thereof. The commissioner may prescribe rules for carrying out the purposes of this section.
History:
1955 c 676 s 10; 1957 c 295 s 11; 1985 c 248 s 70; 2007 c 57 art 1 s 70
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.61 — Act Supplemental.

89.61
MS 1957 [Renumbered 18.423]
89.61 ACT SUPPLEMENTAL.
Provisions of sections 89.51 to 89.64 are supplementary to and not to be construed to repeal existing legislation.
History:
1955 c 676 s 11; 2007 c 57 art 1 s 71
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.62 — Shade Tree Pest Control; Grant Program.

89.62 SHADE TREE PEST CONTROL; GRANT PROGRAM.
Subdivision 1.
Grants.
The commissioner may make grants to aid in the control of a shade tree pest. To be eligible, a grantee must have a pest control program approved by the commissioner that:
(1) defines tree ownership and who is responsible for the costs associated with control measures;
(2) defines the zone of infestation within which the control measures are to be applied;
(3) includes a tree inspector certified under section 89.63 and having the authority to enter and inspect private lands;
(4) has the means to enforce measures needed to limit the spread of shade tree pests; and
(5) provides that grant money received will be deposited in a separate fund to be spent only for the purposes authorized by this section.
Subd. 2.
Grant eligibility.
The following are eligible for grants under this section:
(1) a home rule charter or statutory city or a town that exercises municipal powers under section 368.01 or any general or special law;
(2) a special park district organized under chapter 398;
(3) a special-purpose park and recreation board;
(4) a soil and water conservation district;
(5) a county; or
(6) any other organization with the legal authority to enter into contractual agreements.
Subd. 3.
Rules; applicability to municipalities.
The rules and procedures adopted under this section by the commissioner apply in a municipality unless the municipality adopts an ordinance determined by the commissioner to be more stringent than the rules and procedures of the commissioner. The rules and procedures of the commissioner or the municipality apply to all state agencies, special purpose districts, and metropolitan commissions as defined in section 473.121, subdivision 5a, that own or control land adjacent to or within a zone of infestation.
History:
2007 c 57 art 1 s 72
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.63 — Certification Of Tree Inspectors.

89.63 CERTIFICATION OF TREE INSPECTORS.
(a) The governing body of a municipality may appoint a qualified tree inspector. Two or more municipalities may jointly appoint a tree inspector for the purpose of administering their respective pest control programs.
(b) Upon a determination by the commissioner that a candidate for the position of tree inspector is qualified, the commissioner shall issue a certificate of qualification to the tree inspector. The certificate is valid for one year. A person certified as a tree inspector by the commissioner may enter and inspect any public or private property that might harbor forest pests or shade tree pests. The commissioner shall offer an annual tree inspector certification workshop, upon completion of which participants are qualified as tree inspectors.
(c) The commissioner may suspend and, upon notice and hearing, decertify a tree inspector if the tree inspector fails to act competently or in the public interest in the performance of duties.
History:
2007 c 57 art 1 s 73
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.65 — Forestry Education.

89.65 FORESTRY EDUCATION.
Subdivision 1.
Report on forester education.
By March 1, 1983, the commissioner shall provide to the respective standing committees on natural resources and finance of the house of representatives and the senate a report on continuing education needs of public and private foresters. The report shall be done with the assistance and cooperation of the University of Minnesota's Agricultural Extension Service, Agricultural Experiment Station and College of Forestry, and shall detail the benefits and costs, including recommendations on licensing and course curricula, of developing a cooperative continuing education program for forestry professionals.
Subd. 2.
Forester continuing education.
By July 1, 1983, the commissioner shall implement a continuing education program for state foresters in the employ of the Department of Natural Resources. The program shall be based on recommendations made in the report required in subdivision 1.
Subd. 3.
Forest management manual.
The commissioner shall prepare and distribute a forest management manual, stressing the concept of multiple use and education and management concerns for small landowners who own at least ten acres of woodlands. The manual shall be prepared with the assistance and cooperation of the University of Minnesota's Agricultural Extension Service, Agricultural Experiment Station and College of Forestry, and other public and private forestry organizations.
History:
1982 c 511 s 18
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.70 — State Forest Road Account.

89.70 STATE FOREST ROAD ACCOUNT.
There is created in the state treasury a state forest road account in the special revenue fund, consisting of money credited under section 296A.18, subdivision 7. Money in the state forest road account is appropriated to the commissioner and remains available until expended for:
(1) acquisition, development, maintenance, and administration of state forest roads under the jurisdiction of the commissioner of natural resources; and
(2) the commissioner's share of the cost of cooperative maintenance agreements made with other providers of forest roads.
History:
1988 c 686 art 4 s 4; 1998 c 299 s 30
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 89 — State Forests; Tree Planting; Forest Roads › Section 89.72 — County Forest Access Road Account.

89.72 COUNTY FOREST ACCESS ROAD ACCOUNT.
There is created in the state treasury a county forest access road account in the special revenue fund, consisting of money credited under section 296A.18, subdivision 7. Money in the county forest access road account is appropriated to the commissioner for distribution to counties managing forest lands administered through a county land department under the jurisdiction of a land commissioner appointed under section 282.13. The payments must be made by July 15 and January 15 of each year through the commissioner and in proportion to each county's ownership of commercial forest lands, for purposes of constructing, reconstructing, acquiring, and maintaining county management access roads, including the acquisition of rights-of-way or easements as may be needed.
History:
1988 c 686 art 4 s 6; 1998 c 299 s 30