agency-158•Minnesota Rules — Natural Resources Department
Minnesota Rules — Natural Resources Department
agency-158Minn. R. (Natural Resources Department)Regulation
Chapter 6100 OUTDOOR RECREATION
Minn. R. 6100.0100 Statutory Authority
Parts 6100.0100 to 6100.2400 are authorized by Minnesota Statutes, sections 16A.1285, 84.03, 85.052, 85.053, 85.20, 86A.05, 86A.06, 89.031, 89.19, 89.20, 89.21, and 89.71, subdivision 4.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 18 SR 1145; 24 SR 208
Minn. R. 6100.0200 Purpose
The purpose of parts 6100.0100 to 6100.2400 is to regulate public use and promote public enjoyment of state parks and forest lands in ways that will leave them unimpaired and minimize conflicts among users.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 24 SR 208
Minn. R. 6100.0300 Scope
Unless stated otherwise, parts 6100.0100 to 6100.2400 apply to all state parks and forest lands under the control of or operated by the commissioner of natural resources.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 18 SR 1145; 24 SR 208
Minn. R. 6100.0400 [Repealed, 24 SR 208]
[Repealed, 24 SR 208]
Minn. R. 6100.0500 Definitions
Subpart 1. Scope.
For the purpose of parts 6100.0100 to 6100.2400, unless a different meaning is manifest from the context, the terms defined in this part have the meanings given them.
Subp. 1a. All-terrain vehicle or ATV.
"All-terrain vehicle" or "ATV" has the meaning given in Minnesota Statutes, section 84.92, subdivision 8.
Subp. 2. Beach.
"Beach" means that part of a body of water and shore designated for swimming and sunning.
Subp. 3. Commissioner.
"Commissioner" means the commissioner of natural resources, state of Minnesota, acting directly or through authorized agents.
Subp. 3a.
[Repealed, 24 SR 208]
Subp. 3b. Dispersed camping.
"Dispersed camping" means camping overnight outside of established campgrounds or designated campsites.
Subp. 3c. Firearm.
"Firearm" has the meaning given in Minnesota Statutes, section 97A.015, subdivision 19.
Subp. 4. Forest campground.
"Forest campground" means those areas developed and maintained by the commissioner on forest lands for camping and related recreational activities.
Subp. 5. Forest day use area.
"Forest day use area" means a designated area on forest lands to be used for daytime activities, such as picnic areas, swimming beaches, and boat accesses.
Subp. 5a. Forest lands.
"Forest lands" has the same meaning as the term "forest lands under the authority of the commissioner" as defined in Minnesota Statutes, section 89.001, subdivision 13, and includes forest campgrounds, forest day use areas, and forest recreation areas.
Subp. 5b. Forest officer.
"Forest officer" means a Department of Natural Resources employee authorized by Minnesota Statutes and designated by the commissioner as a forest officer to enforce laws and rules and also includes Minnesota conservation officers.
Subp. 5c.
[Repealed, 24 SR 208]
Subp. 5d.
[Repealed, 24 SR 208]
Subp. 5e. Forest recreation area.
"Forest recreation area" means an area on forest lands that is posted as a recreation site including campgrounds, campsites, picnic areas, day use areas, beaches, parking lots, interpretive sites, and trailheads.
Subp. 5f. Forest road.
"Forest road" has the meaning given in Minnesota Statutes, section 89.001, subdivision 14, inventoried pursuant to Minnesota Statutes, section 89.71, subdivision 1.
Subp. 5g. Forest trail.
"Forest trail" means a trail that is either constructed, maintained, or located on forest lands administered by the commissioner for recreational activities on forest lands. Forest trail does not include state recreational trails as defined in Minnesota Statutes, section 85.015.
Subp. 5h. Horse.
"Horse" includes a horse, mule, donkey, llama, alpaca, or other ungulate or ruminant that is used to transport people, equipment, or materials.
Subp. 6. Intoxicating liquor.
"Intoxicating liquor" has the meaning given in Minnesota Statutes, section 340A.101, subdivision 14.
Subp. 7. Motor vehicle.
"Motor vehicle" means any self-propelled vehicle including, but not limited to, automobiles, trucks, dune buggies, minibikes, motorcycles, trail bikes, and all-terrain vehicles (ATV's), but not including snowmobiles.
Subp. 7a. Park manager.
"Park manager" means all managers of state parks acting directly or through authorized employees.
Subp. 7b. Park officer.
"Park officer" means a Department of Natural Resources employee authorized by Minnesota Statutes and designated by the commissioner as a state park officer to enforce laws and rules and also includes Minnesota conservation officers.
Subp. 7c.
[Repealed, 24 SR 208]
Subp. 8. Person.
"Person" means any individual, partnership, corporation, or association.
Subp. 8a. Restricted area.
"Restricted area" means an area posted to prohibit entrance or posted to allow specific activities that may require a special use permit or payment of a fee.
Subp. 8b. Road or highway.
"Road" or "highway" has the meaning given in Minnesota Statutes, section 160.02, subdivision 26. Road or highway does not include forest roads.
Subp. 8c. Rock climbing.
"Rock climbing" means activities associated with a person moving upon, along, or across a nonhorizontal rock surface, including but not limited to scrambling, bouldering, free climbing, assisted climbing, and technical climbing.
Subp. 8d. Scramble area.
"Scramble area" means an area that is posted and designated to permit motor vehicles to operate unrestricted by the limitations imposed in part 6100.1950.
Subp. 8e. Service animal.
"Service animal" means an animal that performs tasks or assists in performing tasks for a person that are associated with major life activities and includes a seeing eye or hearing ear dog.
Subp. 9. Shelter.
"Shelter" means equipment used to sleep in or on, excluding sleeping bags. Examples are tents, trailers, pickup campers, buses, station wagons, motor homes, and boats.
Subp. 10. Snowmobile.
"Snowmobile" has the meaning given in Minnesota Statutes, section 84.81, subdivision 3.
Subp. 10a. Special event.
"Special event" means an event held in a state park or on forest lands that is not normally allowed, that causes significant environmental effects, or that is likely to attract large numbers of people that could disrupt normal use of the state park or forest lands. Special events include, but are not limited to, 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; and commercial uses.
Subp. 11. State park.
"State park" has the meaning given in Minnesota Statutes, section 85.012, and includes state monuments, state recreation areas, and state waysides as defined in Minnesota Statutes, section 85.013, and state historic sites under the authority of the commissioner.
Subp. 12. Watercraft.
"Watercraft" has the meaning given in Minnesota Statutes, section 86B.005, subdivision 18.
Subp. 13. Off-highway motorcycle or OHM.
"Off-highway motorcycle" or "OHM" has the meaning given in Minnesota Statutes, section 84.787, subdivision 7.
Subp. 14. Off-road vehicle or ORV.
"Off-road vehicle" or "ORV" has the meaning given in Minnesota Statutes, section 84.797, subdivision 7.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: L 1985 c 305 art 3 s 1; 14 SR 2497; 17 SR 1279; 18 SR 1145; 24 SR 208
Minn. R. 6100.0525 Penalty
A person who violates any of parts 6100.0100 to 6100.2400 is guilty of a misdemeanor and subject to immediate removal from the state park or forest lands and to other appropriate legal action, including revocation of any permits issued.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 24 SR 208
Minn. R. 6100.0550 Special Events
Subpart 1. Permit required.
Special events and commercial uses or operations may not be conducted in state parks or on forest lands except with a written permit from the commissioner obtained prior to the event, or under contract, lease, or other written agreement from the commissioner.
Subp. 2. Fees and insurance.
A. The commissioner shall establish and charge fees for special events and commercial uses of state parks and forest lands. Fees shall be set to recoup the costs of developing, operating, and maintaining facilities necessary for the specified uses, or to prevent or mitigate resource impacts of those uses.
B. The commissioner may require sponsors or permittees of special events or commercial uses to furnish a certificate of liability insurance valid for the effective dates of the permit, listing the state of Minnesota as a named insured. The amount of coverage shall be at least as much as the state's limits of liability under the Minnesota Tort Claims Act, Minnesota Statutes, section 3.736.
C. The commissioner may require sponsors or permittees of special events or commercial uses to provide security such as a bond or cashier's check to ensure that appropriate cleanup measures, removal of signs, repair of damage, and other required actions are completed.
Subp. 3. Protection from peddling and soliciting.
It is unlawful for a person to engage in or solicit business of any nature whatsoever from visitors, or to post signs, handbills, or advertisements, except for authorized concessions, without the prior written consent of the park manager or forest officer.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 24 SR 208
Minn. R. 6100.0600 Hours and Days of Operation
Subpart 1. State parks.
State parks will be open each day of the year from 8:00 a.m. to 10:00 p.m., except trails otherwise posted, and except during emergencies.
After 10:00 p.m. and until 8:00 a.m. the next day, no person shall enter or remain in a state park unless as a registered overnight guest, except that during these hours, park managers may, at their discretion, allow entrance for direct access to specific locations within the park so that guests may engage in specific approved activities. Between the hours of 10:00 p.m. and 8:00 a.m., motor vehicle travel by registered overnight guests shall be restricted to entering their registered place of lodging, or exiting their lodging area for specific locations, as above, or to leave the park.
Subp. 2. Forest lands.
Forest lands are open at all times unless otherwise posted, except as provided in this subpart. After 10:00 p.m. and until 8:00 a.m. the next day, no person shall enter or remain in a forest campground unless as a member of a registered camping party. Forest day use areas are open from 6:00 a.m. to 10:00 p.m.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 24 SR 208
Minn. R. 6100.0650 Restricted Areas
It is unlawful to enter by any means a restricted area that has been posted to prohibit entrance.
It is unlawful for a person to use a state park or forest lands facility that requires a special use permit or a fee, without first obtaining a permit or paying the fee.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 24 SR 208
Minn. R. 6100.0700 Personal Conduct and Prohibitions
Subpart 1. Disorderly conduct.
It is unlawful for a person to engage in disorderly conduct, as provided under Minnesota Statutes, section 609.72.
Subp. 2. Noise.
Without prior permission from the park manager or forest officer, no person shall make noise reasonably tending to arouse alarm or resentment of others by means of a public address system, radio, stereo, amplifier, or power equipment, or by any other means.
Subp. 3. Liquor.
It is unlawful for a person in a state park, forest campground, or forest day use area to consume intoxicating liquors, or to display in public intoxicating liquor containers. Possession of 3.2 beer in a keg is unlawful without written permission of the park manager or forest officer.
Subp. 4. Disturbance.
No person shall engage in brawling or fighting, or use offensive, obscene, or abusive language, or engage in boisterous, noisy, or threatening conduct reasonably tending to arouse alarm, anger, or resentment in others.
Subp. 5. Drugs.
A person's possession and use of drugs shall be in accordance with state laws.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 16 SR 197; 24 SR 208
Minn. R. 6100.0800 Public Safety; Hunting; Firearms; Weapons
Subpart 1. Restrictions.
A. While in a state park, or while in or within 200 feet of a forest recreation area, except as provided in subpart 2 or by special permit from the commissioner, it is unlawful for a person to:
B. It is unlawful while hunting to pursue wildlife into a state park or to chase wildlife out of a state park without permission of a park officer.
Subp. 2. Exceptions.
A. When hunting, trapping, or taking wild animals is authorized in a state park, the restrictions in subpart 1 on firearms, bows and arrows, and traps are waived to the extent necessary to allow the authorized activity.
B. During the open seasons for hunting, a person may carry an unloaded, uncased firearm or bow and arrows from a forest recreation area to engage in hunting outside of the forest recreation area.
Subp. 3.
[Repealed, 24 SR 208]
Subp. 4.
[Repealed, 24 SR 208]
Subp. 5. Hunting and shooting; forest lands.
Forest lands are open to hunting and to target, trap, and recreational shooting except where prohibited by law, posted or designated closed for management or public safety purposes, or otherwise restricted by this part.
Subp. 6. Shooting ranges; forest lands.
Items A to G govern the use of designated shooting ranges on forest lands.
A. Shooting range hours are from sunrise to sunset, except that no shooting is allowed before 8:00 a.m. or after 8:00 p.m.
B. Shooting ranges are closed during the firearms deer season.
C. Alcoholic beverages and glass containers are prohibited on a shooting range.
D. Firearms must be unloaded and cased unless on the firing line.
E. Use of a firing point is limited to one hour when others are waiting.
F. Shooting is permitted only from the designated firing points on ranges where they are provided.
G. Targets permitted are:
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 24 SR 208
Minn. R. 6100.0900 Environmental Protection
Subpart 1. Generally.
Unless otherwise provided by law, no person in a state park or forest recreation area shall disturb, destroy, injure, damage, deface, molest, or remove any state property, including, but not limited to, wildflowers or vegetation of any kind dead or alive, ruins, wild animals, geological formations, historical or archaeological artifacts or sites, historic structures, signs, or facilities, except edible fruit, mushrooms, legally taken wild animals, and vegetation unavoidably damaged or destroyed by the ordinary recreational uses of these areas as specifically permitted by parts 6100.0100 to 6100.2400. Collections for scientific and educational purposes may be made only with the written permission of the commissioner. It is unlawful to damage vegetation or damage and deface rock formations with rock-climbing equipment.
Subp. 2. State parks.
A. Within a state park, collecting, harvesting, or taking a tangible object for resale or commercial use is prohibited, except by written permission of the commissioner. The commissioner may further restrict collecting, harvesting, or taking a plant, animal, or other tangible object for scientific, educational, commercial, or any other purpose if the commissioner finds it necessary for the protection of the park's resources.
B. Collection of firewood in state parks, except where expressly permitted, is prohibited.
C. Subject to posted restrictions, rock specimens and fossils may be collected at Hill Annex Mine State Park for noncommercial use.
D. Harvesting wild rice on bodies of water totally enclosed within a state park boundary is prohibited except by written permission of the commissioner.
E. Collecting or possessing naturally occurring plants in a fresh state in state parks is prohibited, except that edible fruit and mushrooms may be harvested for personal, noncommercial use.
F. Except for scientific research conducted under special permit from the commissioner and with a field archaeology license issued by the state archaeologist, the use of metal detectors in state parks is permitted only for locating specifically identified items of lost personal property. Metal detectors may be used only with prior written permission from the park manager and under the supervision of the park manager.
G. It is unlawful at any time to construct, occupy, or use an elevated scaffold or other elevated device in a state park, except that a portable tree stand may be used for hunting or watching wild animals if the stand is removed each day and does no permanent damage to the tree in which it is placed.
H. A person may not release, place, or transplant plant or animal life in a state park unless approved by the commissioner. This item does not apply to a person operating under a contract, lease, license, or permit from the commissioner that allows releasing, placing, or transplanting plant or animal life in a state park.
Subp. 3. Forest lands.
A. Wood that is dead and lying on the ground on forest lands may be used to build fires, as long as it is used on forest lands and not removed, except under permit issued by the commissioner.
B. No person may cut live merchantable trees on forest lands for constructing an elevated scaffold, except that shrubs, the lateral branches of trees, and saplings measuring smaller than four inches in diameter at 4-1/2 feet off the ground may be removed.
C. A person may not release, place, or transplant plant or animal life on forest lands unless approved by the commissioner. This item does not apply to a person operating under a contract, lease, license, or permit from the commissioner that allows releasing, placing, or transplanting plant or animal life on forest lands.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 24 SR 208
Minn. R. 6100.1000 Fires and Refuse
Subpart 1. Prohibition and permitted uses.
It is unlawful to build or maintain a fire in a state park, forest campground, or forest day use area except in a fireplace or a fire ring provided for that purpose. However, portable gas- or liquid-fueled camp stoves or charcoal burners may be used within a camping or day use area if the use does not create a hazard or danger to the area or to others. It is unlawful to disobey a park officer or forest officer when ordered to extinguish a fire in any location at any time.
Subp. 2. Fire bans.
In times of fire emergency, as prescribed by Minnesota Statutes, sections 88.02 to 88.22, the commissioner may limit or ban the building of fires. The notice shall be posted conspicuously at the entrance of the area affected.
Subp. 3. Firewood.
If firewood is provided at no charge, the removal of the firewood from the state park, forest campground, or forest day use area is prohibited.
Subp. 4. Refuse.
It is unlawful to place refuse anywhere except in receptacles provided. If no receptacle is available, the refuse shall be removed from the state park, forest campground, or forest day use area. It is unlawful to place refuse generated outside the state park, forest campground, or forest day use area into the receptacles.
Subp. 5. Littering.
Minnesota Statutes, sections 85.20, subdivision 6, 115A.99, and 609.68, forbidding littering, are incorporated in this part by reference.
Subp. 6. Hot coal disposal.
The disposal of hot coals or ashes anywhere within state parks, except in special containers for that purpose or other sites approved by the park manager, is prohibited.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 24 SR 208
Minn. R. 6100.1100 Pets
In a state park, forest campground, or forest day use area:
A. No person shall allow a dog, cat, or other pet animal, except a service animal, to enter a building or beach or permit a dog, cat, or other pet animal to be unrestrained. Pet animals shall be personally attended at all times and shall be effectively restrained by a portable enclosure or by a leash not exceeding six feet in length, and the animals shall not disrupt other persons or deprive them from using an area.
B. Pet waste deposited in mowed or maintained areas must be immediately cleaned up by the pet owner or caretaker and deposited in an appropriate waste container. Horse waste must be removed, by the owner or custodian, from all areas except designated horse trails.
C. Pets and horses are prohibited on ski trails during the winter skiing season.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 24 SR 208
Minn. R. 6100.1200 Picnicking
No person or group of persons shall unreasonably exclude others from a picnic area or shelter, except when the shelter has been reserved with consent of the park manager or forest officer.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 24 SR 208
Minn. R. 6100.1250 Camping
Subpart 1. Camping in state parks.
The camping restrictions in items A to J apply in state parks.
A. A campsite's occupancy is limited to one camping group of six people or less, one camping shelter, and one vehicle. Additional persons, shelters, or vehicles are permitted only with prior approval of the park manager. These limits do not apply in designated group camping areas.
B. Camping is permitted only at assigned sites in designated camping areas or in watercraft subject to the restrictions described in item A.
C. A person, other than a campground host, may not camp in the same state park for more than 14 days in succession, provided, however, that the park manager may allow camping for additional days when use conditions warrant.
D. Each camping party must register. Registration must be in person. A responsible person of a camping party shall register for the group, giving the number in the party. The names of all persons in the party must be provided when requested by the park manager.
E. The rental period begins with the day of registration and all fees must be paid in full at the time of registration. The campsite must be occupied by a member of the party on the first night of the rental period. Camping equipment placed on a campsite by an unregistered party, any equipment on a site that is not occupied on the first night of the rental period, or any equipment left on a site after the end of the rental period may be removed by the park manager to allow registered campers to occupy the site.
F. Camping permits expire at 4:00 p.m. and the campsite shall be vacated by 4:00 p.m. On departure, the campsite shall be left in a neat and clean condition.
G. Campers occupying a campsite must reregister by 11:00 a.m. to hold the campsite for that night.
H. Power units used to generate electricity shall not be operated between the hours of 10:00 p.m. and 8:00 a.m., nor at other hours of the day if the operation causes a disturbance for other visitors.
I. In a designated horse camping area, portable corrals may be set up if they do not unreasonably exclude others from using the area and they comply with conditions posted at that site.
J. Camping in designated group camps is limited to registered groups or individual campers assigned to the area by the park manager.
Subp. 2. Camping in forest campgrounds and use of forest day use areas.
The restrictions in items A to J apply in forest campgrounds and day use areas.
A. A campsite's occupancy is limited to one camping group of eight people or less, two camping shelters, and two vehicles, except that not more than one camping trailer or motorized camper may occupy the site. Additional persons, shelters, or vehicles are permitted only with the prior approval of the forest officer. These limits do not apply in designated group camping areas.
B. Camping is permitted only at designated sites.
C. Camping shall be limited to a total period of 14 days in any one forest campground during the period from the first Saturday in May through the second Sunday in September, or 21 days the rest of the year, provided, however, that camping for longer periods may be allowed at the discretion of the forest officer in a forest campground when use conditions warrant.
D. A camping fee per campsite per night shall be charged in certain forest campgrounds. Camping fees shall be set to recoup the costs of developing, operating, and maintaining facilities or to prevent or mitigate resource impacts. Campers must pay the camping fee immediately upon occupying a campsite. If a party occupies a campsite and fails to pay the camping fee immediately, an additional charge equivalent to one night's camping fee shall be assessed if department personnel must visit the campsite to collect the camping fee.
E. In fee camping areas, each camping party must register. A responsible person in the camping party shall register for the group, giving the number in the party. The rental period begins with the day of registration. The campsite must be occupied by a member of the party on the first night of the rental period. Camping equipment placed on a campsite by an unregistered party, any equipment on a site that is not occupied on the first night of the rental period, or any equipment left on a site after the end of the rental period may be removed by a forest officer to allow registered campers to occupy the site.
F. Camping permits in fee campgrounds expire at 4:00 p.m. The site shall be vacated upon expiration of the camping permit. On departure, the campsite shall be left in a neat and clean condition.
G. Setting up camp between the hours of 10:00 p.m. and 8:00 a.m. is prohibited.
H. Any group desiring to occupy more than six campsites must obtain prior approval from the forest officer.
I. Disposal of sewage waste from a camping trailer or motorized camper must be in accordance with chapter 4630. Liquid wastes from cooking and washing shall be disposed of in the sump provided for that purpose. If a sump is not provided, the wastes may be disposed of on the surface of the ground at least 150 feet from a water body in a manner that does not endanger a water supply, pollute a surface water, create a nuisance, or otherwise constitute a hazard to the public health or safety.
J. In a designated horse camping area, portable corrals may be set up if they do not unreasonably exclude others from using the area and they comply with conditions posted at that site.
Subp. 3. Other prohibitions.
In a state park, forest campground, or forest day use area, a person may not:
A. install or affix in a permanent manner a camping facility, equipment, or a structure;
B. move or remove picnic tables, fire rings, or other facilities from a campsite, day use area, or campground;
C. dig or excavate; or
D. make a noise at a level above that of a quiet conversation in camping areas between the hours of 10:00 p.m. and 8:00 a.m., which are designated quiet hours.
Subp. 4. Watercraft.
A watercraft used for shelter or sleeping that is tied to, beached on, or docked on water frontage of a state park, state forest campground, or forest day use area, or anchored in waters that are completely within the boundary of a state park, constitutes camping and is subject to parts 6100.0100 to 6100.2400.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 24 SR 208
Minn. R. 6100.1300 [Repealed, 24 SR 208]
[Repealed, 24 SR 208]
Minn. R. 6100.1350 Dispersed Camping
Subpart 1. Dispersed camping.
Dispersed camping is permitted on forest lands. A person who dispersed camps may not:
A. dig or trench around tents or other camping shelters;
B. camp on forest lands that are posted or designated to prohibit camping;
C. collect firewood, unless it is dead and laying on the ground. Wood collected and used for campfires may not be removed from state land;
D. camp on forest lands within one mile of a fee campground without paying a fee, unless in a designated remote campsite;
E. construct permanent camping structures; or
F. place wood, nails, screws, or other fasteners in a living tree at a campsite.
Subp. 2. Waste disposal.
A. Areas used for dispersed camping must be kept in a neat, clean, sanitary condition. All litter must be removed from the site and disposed of according to state law.
B. Disposal of human wastes in areas used for dispersed camping where no latrine or holding tank is available shall be accomplished by burying wastes in the immediate vicinity, at least 150 feet from a water body, in a manner that does not endanger a water supply, pollute a surface water, create a nuisance, or otherwise constitute a hazard to the public health and safety.
C. No person shall discharge sewage on the ground from a camping vehicle or trailer in areas used for dispersed camping. Holding tanks or other containers must be used and properly emptied at a trailer sanitation station or other suitable facility, except that liquid wastes from cooking and washing may be disposed of on the surface of the ground in a manner that does not endanger a water supply, pollute a surface water, create a nuisance, or otherwise constitute a hazard to the public health and safety.
Subp. 3. Occupancy limited.
Dispersed camping on forest lands shall be limited to a total period of 14 days in any one section, township, and range from the first Saturday in May to the second Sunday in September, or 21 days the rest of the year. If a camp location is changed during a calendar year, the new camp shall be established at least 15 miles from the previous camp.
Subp. 4. Occupation; abandonment.
Dispersed camps set up on forest lands must be occupied by a responsible person of the camping party during the time the equipment is left on state land. A tent or other camping structure unoccupied for more than 14 days shall be removed by a forest officer, stored for 30 days to allow the owner time to claim it, and then deemed abandoned and transferred to the custody of the commissioner of administration for disposal in accordance with state law.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 24 SR 208
Minn. R. 6100.1355 Nonmotorized Use
Subpart 1. On foot, ski, or snowshoe.
People on foot, ski, or snowshoe may go anywhere in state parks or forest lands that is not posted to prohibit foot, ski, or snowshoe use or is not further limited by subparts 2 to 8.
Subp. 2. Horses.
Within a state park and in the Richard J. Dorer Memorial Hardwood Forest, no person shall ride, lead, or have a horse except on trails and areas designated for use by horses. Horses are prohibited from using forest campgrounds unless the area has been specifically designated for use by horses or a special use permit from a forest officer has been obtained. Horses are permitted on all other forest lands except where it is posted to prohibit the use of horses.
Subp. 3. Bicycles.
Within a state park and in the Richard J. Dorer Memorial Hardwood Forest, people riding bicycles may travel only on designated bike trails or where motor vehicles are allowed, except in areas posted to prohibit bicycle use. Bicycles are permitted on all other forest lands except where it is posted to prohibit bicycle use.
Subp. 4. Restricted sensitive areas.
Hikers, skiers, and snowshoers shall not knowingly enter deer yards or other sensitive restricted areas.
Subp. 5. Ski trails.
On groomed and tracked ski trails, activities which tend to damage the track or interfere with and disrupt use by skiers are prohibited.
Subp. 6. Dogsledding.
In state parks, dogsledding is permitted only on trails designated for dogsled use, or as approved by the park manager. Any other dogsledding use in state parks is prohibited. Dogsledding is permitted on all other forest lands except where it is posted to prohibit dogsledding.
Subp. 7. Speed.
No person in a state park, forest campground, or forest day use area shall bicycle, ski, or ride a horse in a reckless or careless manner, at an unreasonable or out of control speed, or in any way that unnecessarily endangers the person or other users.
Subp. 8. Rock climbing.
In state parks, rock climbing is allowed only in designated areas and only by permit. Rock climbing is permitted on all other forest lands except where it is posted to prohibit rock climbing.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 24 SR 208
Minn. R. 6100.1400 Boating
Boating conforming to Minnesota laws, rules, and local ordinances is permitted on waters within or adjacent to state parks, forest campgrounds, and forest day use areas except that:
A. no person shall operate a watercraft or motor on a body of water or portion of a body of water specifically posted prohibiting that use;
B. no person shall moor a watercraft on a beach or area specifically posted prohibiting that use;
C. on a lake entirely within a state park, no person shall water-ski or operate a motorized watercraft in excess of ten miles per hour, unless the lake is otherwise designated and posted; and
D. no person shall tie, anchor, or fasten a watercraft to a dock or pier in a manner that prevents free access to the dock or pier, except for short periods of time not to exceed 30 minutes to allow launching or loading of a watercraft or where signs are posted to permit tie ups for longer periods of time.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 24 SR 208
Minn. R. 6100.1500 Fishing
Subpart 1. Fish only.
In waters entirely within state parks, fishing for fish only is permitted when conforming to Minnesota laws and rules. Taking of minnows, turtles, frogs, mussels, and other aquatic life other than fish is prohibited. When spear fishing or bow and arrow fishing is permitted, the restriction on spears or bows and arrows is waived to the extent necessary to allow the activity.
Subp. 2. Fish cleaning.
In a state park, forest campground, or forest day use area, if a fish-cleaning facility is provided, no person shall clean fish and dispose of the remains except at that facility. In state parks, if a fish cleaning facility is not provided, fish cleaning shall take place only in areas or sites approved by the park manager.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 24 SR 208
Minn. R. 6100.1600 Swimming
Swimming is permitted in state parks, forest campgrounds, and forest day use areas according to items A to H.
A. Activities in and upon the beaches and swimming areas shall be under the direction of the lifeguard, if one is present.
B. No person shall swim in or enter a body of water or area posted closed to swimming.
C. No person shall allow a dog or other pet to enter the water with swimmers.
D. No person shall enter the water before sunrise or after sunset.
E. No person shall possess glass containers; enter a swimming area with a boat, canoe, or raft; fish; or engage in an activity that is hazardous and could cause injury to others.
F. No person shall use soap, detergent, or shampoo.
G. When a facility for changing clothes is provided, it is unlawful to change clothes in any other building or facility.
H. In a state park, while in the water, no person shall use an air mattress, inner tube, or other flotation device that is not approved by the Coast Guard, except when an area is specifically designated for that use.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 24 SR 208
Minn. R. 6100.1610 [Repealed, 24 SR 208]
[Repealed, 24 SR 208]
Minn. R. 6100.1650 Storing and Abandoning Personal Property
Subpart 1. Obstructing passage.
No person shall leave standing, whether attended or unattended, a motor vehicle, trailer, boat, fish house, or other equipment or personal property so as to block, obstruct, or limit the use of a road, trail, waterway, water access, parking area, or winter sport facility.
Subp. 2. Abandonment.
No vehicle, trailer, boat, fish house, or other equipment or personal property may be stored or abandoned in a state park or on forest lands. In state parks, overnight parking and storage of equipment is permitted only in connection with the use of campsites or fish houses, except by prior approval of the park manager. The temporary storage of personal property by a person who remains in the immediate vicinity is permitted. In state forest campgrounds and forest day use areas, overnight parking is permitted in designated parking areas.
Subp. 3. Disposal.
A vehicle, trailer, boat, or other equipment or personal property left for a period longer than 14 days, except fish houses located on the ice surface of a body of water, shall be deemed abandoned and shall be transferred to the custody of the commissioner of administration for disposal in accordance with state law.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 24 SR 208
Minn. R. 6100.1700 State Park Motor Vehicle Permits
A. Motor vehicles entering state parks shall comply with the motor vehicle permit requirements stated in Minnesota Statutes, section 85.053.
B. Permits may not be transferred to another vehicle.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 24 SR 208
Minn. R. 6100.1710 State Park Group Daily Vehicle Permits
State park managers may issue special group daily vehicle permits to groups consisting of ten vehicles or more. The permit shall be issued for one day of use between 8:00 a.m. and 10:00 p.m. The group daily vehicle permit shall be sold only for days when the park manager determines that use in the particular park is normally minimal, such as weekdays, weekends in some parks, or off-season weekends.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 24 SR 208
Minn. R. 6100.1800 [Repealed, 24 SR 208]
[Repealed, 24 SR 208]
Minn. R. 6100.1900 Motor Vehicles and Snowmobiles in State Parks, Forest Campgrounds, and Day Use Areas
Subpart 1. Motor vehicle use.
Only motor vehicles licensed for use on Minnesota highways may be operated within state parks, forest campgrounds, and forest day use areas. The operator must have a valid driver's license. Snowmobiles or other motor vehicles may operate in a forest campground or forest day use area on a trail or road that is posted and designated for that use. Operation must comply with all applicable laws and rules.
Subp. 2. Designated roads.
Licensed motor vehicles may be operated only on designated roads and parking areas and may be parked only in designated parking areas or parking spurs. Motor vehicles may not be driven on roads that are posted, chained, or gated. Parking in an area not designated as a parking area is prohibited and subjects the vehicle to being towed at the owner's expense.
Subp. 3. Speed limit.
A motor vehicle shall not be operated in excess of posted speeds or in a reckless, careless, or exhibitive manner. No person shall operate a vehicle in such a manner as to create unnecessary engine noise, tire squeals, skidding, or sliding.
Subp. 4. Motor vehicle law.
Minnesota Statutes, chapter 169, governing motor vehicle use on public roads and highways, applies to all roads within state parks.
Subp. 5. Snowmobiles.
No person shall operate a snowmobile in a state park unless on trails and areas posted and designated for snowmobile use, under conditions of snow cover considered adequate for protection of the park by the park manager. Within state parks no snowmobile shall be operated before 8:00 a.m. or after 10:00 p.m., except as otherwise posted.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 24 SR 208
Minn. R. 6100.1905 [Repealed, 24 SR 208]
[Repealed, 24 SR 208]
Minn. R. 6100.1910 [Repealed, 24 SR 208]
[Repealed, 24 SR 208]
Minn. R. 6100.1920 [Repealed, 24 SR 208]
[Repealed, 24 SR 208]
Minn. R. 6100.1930 [Repealed, 24 SR 208]
[Repealed, 24 SR 208]
Minn. R. 6100.1950 Motor Vehicles and Snowmobiles; Forest Lands
Subpart 1. Classified forest lands.
The operation of motor vehicles and snowmobiles on forest lands classified by the commissioner for purposes of motor vehicle use according to subpart 2 and Minnesota Statutes, section 89.002, is regulated according to items A to C.
A. On forest lands classified as managed, a person may operate a motor vehicle only on forest roads and forest trails that are not posted and designated closed and in areas that are posted and designated to allow motor vehicle use, subject to the limitations and exceptions in this part.
B. On forest lands classified as limited, a person may operate a motor vehicle only on forest roads that are not posted and designated closed and on forest trails or areas that are posted and designated to allow motor vehicle use, subject to the limitations and exceptions in this part.
C. No person shall operate a motor vehicle or snowmobile on forest lands classified as closed, unless on frozen public waters where operation is not otherwise prohibited. Motor vehicles that are licensed for use on public highways may be operated on forest roads that are not posted or gated closed. Snowmobiles may operate on designated trails.
Subp. 2. Criteria for classification.
The following criteria shall be considered when classifying forest lands for motor vehicle use:
A. resource sensitivity and management objectives;
B. resource impact by motorized and nonmotorized use, including erosion, rutting, and impacts on vegetation, wildlife, air, water, or natural habitats;
C. motorized and nonmotorized recreational opportunity in area;
D. user needs, such as trails, parking, signs, and access;
E. the degree and trend of motor vehicle use in the area;
F. the degree and trend of nonmotor vehicle use in the area;
G. competing interests among different user groups; and
H. public safety and law enforcement concerns.
Subp. 3. Notice and public meeting.
Before changing the classification of forest lands for motor vehicle use, the commissioner shall provide notice and a public meeting according to items A to C.
A. A public meeting shall be held 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 classification change.
B. Sixty days before the public meeting, notice of the proposed classification change shall be published in legal newspapers that serve the counties in which the lands are located and in a statewide Department of Natural Resources news release and in the State Register. The notice shall include a summary of the proposed action, a request for public comment, and notice of the public meeting.
C. Twenty-one days before the public meeting, notice of the meeting shall be announced in a statewide Department of Natural Resources news release.
Subp. 4. Commissioner's decision.
The commissioner shall make a decision about the proposed classification change after considering the criteria listed in subpart 2 and any public comment received and explaining how the nature and magnitude of the criteria and comments relate to the classification.
Subp. 5. Nonmotorized trails.
No person shall operate a motor vehicle or snowmobile on forest lands on a designated nonmotorized trail, including ski, foot, horse, bike, or accessible trail, unless the trail is also posted open for a motorized use.
Subp. 6. Lakes, rivers, and streams.
No person shall operate a motor vehicle on forest lands on or over the beds of lakes, rivers, or streams when ice is not covering the water body, except on a bridge, culvert, or similar structure or designated low water crossing.
Subp. 7. Other prohibitions and exceptions.
A. No person shall operate a motor vehicle or snowmobile on forest lands in a manner that causes erosion or rutting or injures, damages, or destroys trees or growing crops. The rutting prohibition does not apply on trails that are designated and maintained for motorized use.
B. No person shall operate motor vehicles or snowmobiles on forest lands within the boundaries of an area that is posted and designated as closed to the operation of motor vehicles or snowmobiles.
C. No person shall operate a motor vehicle or snowmobile in the Richard J. Dorer Memorial Hardwood Forest, except on forest roads that are not posted and designated as closed, and on forest trails or areas that are posted and designated to allow the use of motor vehicles or snowmobiles. The exception under item D does not apply.
D. Except as provided in item C, on forest lands classified as managed or limited, a person may use an ATV off forest trails in a manner consistent with this subpart when lawfully:
E. No person shall construct an unauthorized permanent trail on forest lands.
F. Subpart 1 does not apply to motor vehicles used to carry out silvicultural activities, including timber cruising, and the harvest and transport of forest products for commercial purposes.
G. The commissioner may grant a variance from the requirements of subpart 1 to private landowners and leaseholders when the only reasonable access to their land is across state forest lands.
Subp. 8. Forest roads.
A. A motor vehicle on a forest road shall travel at a speed that is reasonable and prudent. It is a violation of this part to exceed a posted speed limit.
B. All posted parking and traffic regulations, including signs designating speed limits, stop signs, one-way traffic, and do not enter, shall be obeyed on a forest road.
C. No person, passenger, or operator of a motor vehicle shall travel on or along a forest road that is designated as closed with signs, barricaded, or blocked with a gate.
D. Removing snow from a forest road is prohibited when the road is posted for no snow removal.
E. No person shall operate, nor shall an owner permit the operation of a motor vehicle, on a forest road or trail in a manner that causes damage to the road, land, or other natural resources.
History
- Statutory Authority: MS s 14.045; 14.388; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 24 SR 208; 25 SR 782; 27 SR 27
Minn. R. 6100.2000 [Repealed, 24 SR 208]
[Repealed, 24 SR 208]
Minn. R. 6100.2100 [Repealed, 24 SR 208]
[Repealed, 24 SR 208]
Minn. R. 6100.2200 Aircraft in State Parks
It is unlawful for any person to land any aircraft on lands or waters totally within the boundaries of any state park except by permit, or on a designated airport, or landing strip, or in making an emergency landing, conducting rescue operations, or in conducting or assisting in official business of the United States of America, the state of Minnesota, or the county in which the park is located.
History
- Statutory Authority: MS s 84.03; 85.052; 85.20; 89.031; 89.19; 89.21
- History: 14 SR 2497
Minn. R. 6100.2300 [Repealed, 24 SR 208]
[Repealed, 24 SR 208]
Minn. R. 6100.2350 Official Use and Variance
Parts 6100.0100 to 6100.2400 do not apply to a licensed peace officer or an employee or agent of the Department of Natural Resources while engaged in the performance of official duties. The commissioner may grant a variance from the requirements of parts 6100.0100 to 6100.2400 when the commissioner considers it necessary for maintenance, conservation, or public safety purposes.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 24 SR 208
Minn. R. 6100.2400 Suspending Rules
In situations of emergency or in the case of authorized special events, the commissioner may provide temporary exceptions to parts 6100.0100 to 6100.2400 by posting notice of the exception at the site.
History
- Statutory Authority: MS s 14.045; 84.03; 85.052; 85.053; 85.20; 86A.05; 86A.06; 89.031; 89.19 to 89.21; 89.71
- History: 14 SR 2497; 18 SR 1145; 24 SR 208
Minn. R. 6100.3000 Purpose
It is the purpose of these statewide rules to provide for public use of designated state recreational trails while protecting the quality of the trail environment to promote long-term trail use and enjoyment.
History
- Statutory Authority: MS s 84.03; 84.86
Minn. R. 6100.3100 Statutory Authority and Scope
These parts are adopted under the authority of Minnesota Statutes, sections 84.03 and 84.86, and apply to authorized state trail units as described in the Outdoor Recreation Act of 1975, Minnesota Statutes, chapter 86A, when designated by the commissioner of natural resources by order filed with the secretary of state.
These parts shall not apply to any person lawfully engaged in the performance of duties in the development, maintenance, and operation of such trails, including but not limited to the commissioner of natural resources, the commissioner's agents, employees, those persons operating under contract with the Department of Natural Resources, and law enforcement officers.
History
- Statutory Authority: MS s 84.03; 84.86
- History: 9 SR 694; 17 SR 1279
Minn. R. 6100.3200 Severability
The provisions of these parts shall be severable, and the invalidity of any paragraph, subparagraph, or subdivision thereof shall not make void any other paragraph, subparagraph, subdivision, or any other part.
History
- Statutory Authority: MS s 84.03; 84.86
Minn. R. 6100.3300 Definitions
Subpart 1. Scope.
For the purpose of these parts, the terms defined in this part have the meanings given them.
Subp. 2. Bicycle.
"Bicycle" means any land based vehicle powered by human muscle.
Subp. 3. Commissioner.
"Commissioner" means the commissioner of natural resources, state of Minnesota, acting directly or through an authorized agent.
Subp. 4. Drug.
"Drug" means any drug, controlled substance, or immediate precursor found in schedules I through V of Minnesota Statutes, section 152.02, and marijuana, as defined in Minnesota Statutes, section 152.01, subdivision 9.
Subp. 5. Horseback riding.
"Horseback riding" includes all modes of human travel produced at least in part by nonhuman muscle.
Subp. 6. Intoxicating liquor.
"Intoxicating liquor" for the purposes of these rules means liquors which are intoxicating pursuant to Minnesota Statutes, section 340A.101, subdivision 14, and malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight.
Subp. 7. Motor vehicle.
"Motor vehicle" means any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle including, but not limited to, automobiles, trucks, dune buggies, minibikes, motorcycles, trail bikes, and all-terrain vehicles (ATV's).
Subp. 8. Person.
"Person" means any individual, partnership, corporation, or association.
Subp. 9. Snowmobile.
"Snowmobile" means any self-propelled vehicle designed for travel on snow or ice and steered by skis or runners.
Subp. 10. Special event.
"Special event" means an organized rally, race, exhibit, demonstration, or other similar activity of limited duration which is conducted according to a prearranged schedule and in which general public interest is manifested.
Subp. 11. Trail.
"Trail" means all of that land contained within the area designated as a state recreational trail by the commissioner.
Subp. 12. Treadway.
"Treadway" means that part of the trail constructed for travel.
History
- Statutory Authority: MS s 84.03; 84.86
- History: L 1985 c 305 art 3 s 1; 17 SR 1279
Minn. R. 6100.3400 Trail Uses
Subpart 1. In general.
Subject to the limitations imposed by these parts and other duly enacted statutes, rules, and ordinances, or unless specifically prohibited by the commissioner, trails may be used for snowmobiling and all nonmotorized forms of recreation, including but not limited to hiking, bicycling, horseback riding, snowshoeing, cross-country skiing, camping, and picnicking.
Subp. 2. Motor vehicles.
No motor vehicle, other than a snowmobile, shall be operated within a trail, except upon a legal road or highway as those terms are defined in Minnesota Statutes, section 160.02, subdivision 26, and except as authorized by the commissioner.
Subp. 3. Snowmobiles.
No snowmobile shall be operated within a trail except upon treadways designated for such use and under conditions considered adequate for the protection of the trail by the commissioner.
Subp. 4. Horses.
No one shall ride, lead, or drive a horse or other beast of burden upon a trail except upon treadways designated for such use.
Subp. 5. Trail hours.
Any specific use of a trail may be limited to hours designated by the commissioner and any use in violation of such limitation is unlawful.
Subp. 6. Traffic control.
Traffic control:
A. Trail signs shall be obeyed.
B. When on a trail treadway, all trail users must stay on the right half of the treadway when meeting or being passed by another trail user.
C. When passing another trail user traveling in the same direction, a trail user must pass on the left half of the treadway and may pass only when such left half is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safety of any trail user approaching from the opposite direction or any trail user overtaken.
D. Any trail user who is about to enter onto or cross a trail treadway, shall yield the right of way to any trail user already on the treadway to be entered or crossed.
E. When at approximately the same time, two trail users are about to enter an otherwise unmarked treadway intersection from different treadways or are approaching an otherwise unmarked merger of two treadways from any two directions, the trail user on the left shall yield the right-of-way to the trail user on the right.
Subp. 7. Special events.
No special events shall be held within a trail except with a written permit of the commissioner previously obtained. Such permit may exempt the holder and other participants from the operation of any of the rules contained herein, and may be revoked or suspended by the commissioner at any time.
History
- Statutory Authority: MS s 84.03; 84.86
Minn. R. 6100.3500 Using Camping and Rest Areas
Subpart 1. Camping.
Camping:
A. Overnight camping is restricted to designated camping areas.
B. The duration of the stay of any person at said areas shall be no more than two consecutive nights except where otherwise posted.
C. A fee may be prescribed by order of the commissioner for use of the camping areas and facilities, and if such a fee is prescribed, it shall be paid before the area or facility is used.
D. There shall be no digging or trenching within the camping or rest areas.
E. No persons or group of persons shall unreasonably exclude others from campgrounds or rest areas.
Subp. 2. Fires.
It is unlawful to build a fire within a trail except in a fireplace or a fire ring provided for that purpose. However, portable gas or liquid fueled camp stoves may be used within a camping or rest area if such use does not create a hazard or danger to the trail or to others.
History
- Statutory Authority: MS s 84.03; 84.86
Minn. R. 6100.3600 Hunting
No firearm or bow and arrow shall be discharged within the trail at any time, except for the purpose of lawful hunting during the period from September 15 to March 30 only. No rifle, shotgun with slug, or bow and arrow shall be discharged upon, over, or across the trail treadway at any time.
History
- Statutory Authority: MS s 84.03; 84.86
Minn. R. 6100.3700 Trapping
The commissioner may forbid the placement of any manner of animal trap in any area of a trail by order.
History
- Statutory Authority: MS s 84.03; 84.86
Minn. R. 6100.3800 Protecting Trails
Subpart 1. Environment.
No person shall disturb, destroy, injure, damage, or remove any property within trails including but not limited to vegetation, ruins, wildlife, geological formations, signs, or facilities except edible fruit and wild animals legally taken under the provisions of parts 6100.3600 and 6100.3700 and vegetation unavoidably damaged or destroyed by the ordinary uses of the trail as specifically permitted by these parts. Collections for scientific and educational purposes may be made with the written consent of the commissioner previously obtained.
Subp. 2. Bill posting.
No persons shall post, paste, fasten, paint, or affix any placard, bill, notice, or sign upon any structure, tree, stone, fence, or enclosure in a trail.
Subp. 3. Obstructions.
No person shall place or cause to remain within any trail, any snowmobile, trailer, horse, bicycle, or other object so as to obstruct the free use and enjoyment of said trail. Any such obstruction shall be removed at the owner's expense. If not claimed and payment of expenses offered within a reasonable time, which in no case shall be more than 30 days, it shall be disposed of according to the provisions of Minnesota Statutes, section 16B.25 concerning the disposal of lost or abandoned property.
Subp. 4. Refuse.
No person shall burn or dispose of garbage, refuse, litter, or trash within a trail except in receptacles provided for that purpose.
History
- Statutory Authority: MS s 84.03; 84.86
Minn. R. 6100.3900 Protecting Other Users
Subpart 1. Personal conduct.
Within a trail, no person, knowing or having reasonable grounds to know that it will, or will tend to, alarm, anger, or disturb others, or provoke an assault, shall breach the peace by engaging in the following conduct:
A. brawling, fighting, or other violent conduct directed toward another; or
B. offensive, obscene, or abusive language, or boisterous and noisy conduct which might be reasonably expected to arouse alarm, anger, or resentment in others.
Subp. 2. Intoxication.
No person while within a trail shall be in a state of intoxication brought about by the consumption of intoxicating liquor.
Subp. 3. Drugs.
No person shall use, be in the possession of, or be under the influence of drugs within a trail unless such use, possession, or influence is pursuant to and in compliance with a prescription from a licensed physician.
Subp. 4. Pets.
No persons shall allow any pet animal to be unrestrained or unattended except dogs used for hunting during legal hunting seasons in accordance with part 6100.3600. Such pets shall be restrained by a leash not exceeding six feet.
Subp. 5. Peddling or soliciting.
No person shall peddle or solicit business of any nature, within a trail, or use any of the lands or structures as a base for commercial operations.
Subp. 6. Safety.
While being ridden or operated within a trail, horses, bicycles, and snowmobiles must be under the control of the operator at all times.
History
- Statutory Authority: MS s 84.03; 84.86
Minn. R. 6100.4000 Adjacent Land
Subpart 1. Access.
A trail shall not be used as an access to private lands without the consent of the landowner, lessee, occupant, or agent.
Subp. 2. Posting.
Failure to post private lands does not imply such consent for trail users.
History
- Statutory Authority: MS s 84.03; 84.86
- History: 17 SR 1279
Minn. R. 6100.4100 Other Laws
All uses of trails will be subject to commissioner's orders, snowmobile rules and safety laws, and bicycle rules and state laws.
Each component of the designated state recreational trail system shall be subject to the provisions of these parts, provided that in the event of conflict with some other law or rule of this state, the more restrictive provision will apply.
No regulation or ordinance adopted by a local unit of government may be inconsistent with these rules, except that local regulations or ordinances concerning the use of firearms, bows and arrows, and traps may be more restrictive than these rules.
History
- Statutory Authority: MS s 84.03; 84.86
Minn. R. 6100.4200 Suspending Rules
The commissioner may provide exceptions to the general rules for a specific trail by order filed with the secretary of state, if such exceptions authorize activities which are not inconsistent with the purposes for which the trail is established or better serve the public interest.
History
- Statutory Authority: MS s 84.03; 84.86
Minn. R. 6100.4300 Penalty
Any person who shall violate any rules promulgated herein shall be guilty of a misdemeanor and subject to arrest.
History
- Statutory Authority: MS s 84.03; 84.86
Minn. R. 6100.5000 Snowmobile Registration
Subpart 1. Application.
Application for snowmobile registration shall be made to the commissioner of natural resources or authorized agent on the form prescribed. Registrants must be 18 years of age or older prior to applying for registration of a snowmobile. Upon presentation of a bill of sale in the form prescribed by the commissioner, and payment of the fee required, a snowmobile registration certificate will be issued to the applicant. Registration certificates are valid for a period of three years. The registration number remains the same if renewed by July 1 following the expiration date.
Subp. 2. Required information.
The applicant shall furnish all the information required by the application for snowmobile registration.
Subp. 3.
[Repealed, L 2023 c 60 art 4 s 112]
Subp. 4.
[Repealed, L 2023 c 60 art 4 s 112]
Subp. 5.
[Repealed, L 2023 c 60 art 4 s 112]
Subp. 6. Duplicate certificate.
A duplicate registration certificate will be issued upon application by the owner to the commissioner on the form prescribed and upon payment of the fee required by law. Replacement registration decals may be obtained from the Department of Natural Resources License Center or any conservation officer.
Subp. 7. Transferring ownership.
Application for transfer of ownership shall be made to the commissioner within 15 days of the date of transfer. An "Application for Transfer" form is to be executed by the registered owner and the purchaser and submitted together with the fee required by law, the owner's registration certificate, and a bill of sale in the form prescribed by the commissioner.
Subp. 8. Reporting abandoned, stolen, or destroyed snowmobiles.
Abandoned, stolen, or destroyed snowmobiles shall be reported to the commissioner within 15 days by completing the reverse side of the registration certificate. No fee is charged for the reporting.
History
- Statutory Authority: MS s 84.86; L 2023 c 60 art 4 s 98; art 4 s 103
- History: 17 SR 1279; L 2003 c 2 art 1 s 45; 48 SR 697
Minn. R. 6100.5001 Dealer's and Manufacturer's Registration
Subpart 1. Demonstration or testing purposes.
Application for registration of all snowmobiles owned by a dealer and operated for demonstration or testing purposes shall be made to the commissioner. Upon payment of the fee required by law, three registration plates will be issued, together with a registration certificate which shall be conspicuously displayed by the dealer in the dealer's place of business.
Subp. 2. Research, experimentation, or demonstration purposes.
Application for registration of all snowmobiles owned by a manufacturer and operated for research testing, experimentation, or demonstration purposes shall be made to the commissioner. Upon payment of the fee required by law, 12 registration plates will be issued, together with a registration certificate which shall be conspicuously displayed by the manufacturer in the place of manufacture.
Subp. 3. Duplicate plates.
Additional duplicate registration plates may be purchased by a dealer or manufacturer upon payment of a fee of $3 per plate.
Subp. 4. Display required.
No dealer or manufacturer shall operate, or permit to be operated, within this state, any snowmobile owned by or under the control of such dealer or manufacturer unless a valid registration plate is clearly displayed on such snowmobile.
Subp. 5. Nontransferability.
Dealer and manufacturer registrations are not transferable.
History
- Statutory Authority: MS s 84.86
- History: 17 SR 1279; L 2003 c 2 art 1 s 45
Minn. R. 6100.5002 Special Permits
Upon written application by the responsible event sponsor to the commissioner, special operating permits for limited periods of time not to exceed 30 days may be issued to operators of snowmobiles from states which do not require registration when such snowmobiles are to be used in connection with a responsibly organized group outing, trailride, race, rally, or other promotional events. The permit is valid only when the snowmobile is used in connection with the event for which the permit was issued and for the period of time shown on the permit.
History
- Statutory Authority: MS s 84.027; 84.86; 97A.485
- History: 49 SR 1416
Minn. R. 6100.5100 [Repealed, L 2014 c 290 s 70]
[Repealed, L 2014 c 290 s 70]
Minn. R. 6100.5200 Use of Snowmobiles on Public Lands and Waters
Subpart 1. Permitted uses and exceptions.
Snowmobiles may be operated on public lands or waters under the jurisdiction of the commissioner of natural resources except that no persons shall operate a snowmobile in any of the following, except for law enforcement purposes:
A. in any state park, state recreation area, state historic site, or state scientific and natural area with the exception of posted snowmobile trails or areas;
B. in any state wildlife management area without the written permission of the agent in charge thereof in that part of the state lying south and west of a line described as follows: U.S. Highway No. 2 from East Grand Forks easterly to Bemidji; thence southerly along U.S. Highway No. 71 to Wadena; thence easterly along U.S. Highway No. 10 to Staples and U.S. Highway No. 210 to Carlton; thence east in a straight line to the easterly boundary of the state; and
C. in any area in which such operation is or may hereafter be prohibited by law, regulations, order, or directive.
Subp. 2. Regulation by government subdivisions of state.
Governmental subdivisions of the state may by resolution or ordinance regulate the operation of snowmobiles on public waters within their boundaries, provided such resolution or ordinance is not inconsistent with law or these parts. No resolution or ordinance restricting the period of time within which snowmobiles may be operated on public waters shall be valid with respect to such restriction unless first submitted to the commissioner of natural resources and approved by the commissioner in writing.
Subp. 3. No dumping.
No person shall deposit any garbage, rubbish, offal, the body of any dead animal, or other litter upon public lands or waters or the ice thereon, other than in containers, provided thereof, or, without the consent of the owner, on private lands or water or ice thereon.
Subp. 4. Speed limits.
Speed limits:
A. It shall be unlawful for any person to drive or operate any snowmobile at a rate of speed greater than is reasonable or proper under all of the surrounding circumstances or at a rate that is greater than that set by the commissioner of natural resources pursuant to item B, on public lands or waters of this state under the jurisdiction of the commissioner of natural resources, provided that the operation of any snowmobile at a rate of speed in excess of 50 miles per hour on such lands or waters shall be unreasonable and unlawful unless operated pursuant to and in accordance with the provisions of item C.
B. Where necessary, the commissioner of natural resources may establish and post at reasonable intervals, a reasonable and safe maximum speed limit for the operation of snowmobiles along a specific portion of public trail or in a specific area of public land or water that is under the commissioner's jurisdiction. Such speed limit shall be effective when signs are erected and any operation of a snowmobile within such posted portion of trail or area in excess of the posted speed limit is unlawful.
C. The speed limits established by item A and by the commissioner of natural resources under the authority of item B may be waived in writing by the commissioner during the pendency of an organized race or similar competitive event held upon such lands or waters.
History
- Statutory Authority: MS s 84.86
- History: 17 SR 1279
Minn. R. 6100.5300 Uniform Signs
Subpart 1. In general.
The signs in subparts 2 to 10 are designated as necessary and desirable to control, direct, or regulate the operation and use of snowmobiles for the purposes indicated.
Subp. 2. Informational blazer.
Informational blazer to be used in indicating intersections or major changes in trail direction through use of the 7-1/2 inch decals shown below, or comparable screened insignia.
Subp. 3. Directional blazer.
Directional blazer to be used in indicating minor changes in trail direction through use of the 5-1/4 inch arrow decal shown below or comparable screened insignia.
Subp. 4. Reassuring blazer.
Reassuring blazer placed along trail often enough to reassure that the user is on trail.
Subp. 5. Color of blazers.
The blazers in subparts 2 to 4 are to be orange Scotchlite #3274 or its equivalent.
Subp. 6. Directional decals.
The following directional decals are to be used:
A. Directional decal to be used on the 14 inch by 18-1/4 inch informational blazer.
B. Directional decal to be used on the 9-1/4 inch by 12 inch directional blazer.
Subp. 7. Intersectional decals.
Intersectional decals to be used on the 14 inch by 18-1/4 inch informational blazer.
Subp. 8. Intersectional decals.
Decals in subparts 6 and 7 to have background or orange Scotchlite #3274 or equivalent with insignia screened black.
Subp. 9. Stop sign.
Stop sign to be used along trail prior to road or highway crossing. Placement to be approximately 25 feet from such crossing point. Colors and reflectorization to conform to highway standards.
Subp. 10. No snowmobiling sign.
No snowmobiling to be used to indicate trails and areas where snowmobile use is prohibited. Background color is to be orange Scotchlite #3274 or equivalent; snowmobile symbol to be 60 percent black, prohibiting slash and letters solid black.
From and after October 1, 1970, no sign intended for any of the purposes indicated in the preceding paragraph shall be erected by the state or its governmental subdivisions unless such sign is substantially in the form, shape, dimensions, and colors shown in the preceding paragraph.
Detailed plans and specifications of such signs will be available upon written request to the commissioner.
History
- Statutory Authority: MS s 84.86
- History: 17 SR 1279
Minn. R. 6100.5400 Snowmobile Accident Reports
Subpart 1. Definitions.
For the purposes of this part, certain terms or words used herein shall be interpreted as follows:
A. "Injury requiring medical attention" means an injury of such a degree that its proper treatment requires consultation with or a visit to a doctor or hospital emergency room.
B. "Involved in an accident" means every snowmobile which either strikes or is struck by another person, snowmobile, motor vehicle, or other animate or inanimate object.
C. "Operator" means every person who operates or is in actual physical control of a snowmobile.
D. "Promptly" means that such written report shall be forwarded as soon as possible after an accident but not more than 48 hours after such accident.
E. "Total damage" means total apparent property damage resulting to each snowmobile and its related equipment or to any other property which is involved in the accident.
Subp. 2. General requirement.
The operator of any snowmobile involved in an accident resulting in injury requiring medical attention or hospitalization to or death of any person or total damage to an extent of $100 or more, shall promptly forward a written report of the accident on the form prescribed.
History
- Statutory Authority: MS s 84.86
- History: L 2003 c 2 art 1 s 45
Minn. R. 6100.5500 Snowmobile Education and Training Programs
Subpart 1. Administration.
Snowmobile education and training programs will be administered by the snowmobile safety coordinator, Department of Natural Resources.
Subp. 2. Purpose.
Training programs will be conducted in each county for the purpose of qualifying persons 12 years of age or older, but less than 18, for a snowmobile safety certificate.
Subp. 3. Course content.
The course content will include the following: machine nomenclature, control familiarization, machine safety features, operating procedures, snowmobile and highway laws and regulations, loading and towing procedures, snowmobile code of ethics, safety hazards of operation, including possible hearing damage, environmental consequences of snowmobile use, and performance and written tests.
Subp. 4. Fee.
The fee for enrollment in a training program class is $2, payable in advance. A student who fails to pass may take the class over when available, without additional fee. Persons age 18 or over, or age 11 may be admitted to a class to the extent facilities permit upon payment of the $2 fee.
Subp. 5. Safety certificate.
Upon successful completion of the training program by a student, the instructor will submit the name, address, and date of birth of the student to the snowmobile safety coordinator who will issue to the student, on behalf of the commissioner, a snowmobile safety certificate. A duplicate certificate will be issued if the original is lost or destroyed, upon application and payment of $2. No snowmobile safety certificate shall be issued to any person less than 12 years of age except to the parents or guardian of that person, to be held by such parent or guardian until the person's 12th birthday.
Subp. 6. Age limitations.
Each snowmobile safety certificate issued shall show on its face the birthdate of the person to whom it was issued. No person less than 14 years of age or any other person 14 years of age but less than 18 years of age who does not possess a snowmobile safety certificate may make a direct crossing of a street or highway at any time.
History
- Statutory Authority: MS s 84.86
- History: 17 SR 1279
Minn. R. 6100.5600 Suspended Snowmobile Safety Certificates
Subpart 1. Form.
When the judge of a juvenile court or any of its duly authorized agents shall determine that any person, while less than 18 years of age, has violated the provisions of Minnesota Statutes, sections 84.81 to 84.88 or any other state or local law or ordinance regulating the operation of snowmobiles, the judge or duly authorized agent shall immediately report such a determination to the commissioner on the form prescribed. The judge, or duly authorized agent, may indicate upon the form prescribed a recommendation as to whether or not the person's snowmobile safety certificate should be suspended and the length of such suspension, if any.
Subp. 2. Certificate surrender.
A person under 18 years of age shall surrender the person's snowmobile safety certificate to the judge, or duly authorized agent, in all cases when such judge, or agent, recommends the suspension of such certificate. The snowmobile safety certificate shall be transmitted to the commissioner in all cases where suspension thereof is recommended and where such recommended period of suspension exceeds 15 days.
Subp. 3. Retention.
The commissioner shall retain possession of suspended snowmobile safety certificates during the period of the suspension, all other certificates shall be returned immediately upon a determination that they will not be suspended.
History
- Statutory Authority: MS s 84.86
- History: 17 SR 1279; L 2003 c 2 art 1 s 45
Minn. R. 6100.5700 Required Equipment
Subpart 1. Snowmobiles.
No snowmobile shall be operated upon public lands, waters, streets, or highways unless it is equipped as follows:
A. At least one head lamp having a minimum candlepower of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile operator.
B. At least one red tail lamp, having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during hours of darkness, under normal atmospheric conditions.
C. Reflector material of a minimum area of 16 square inches mounted on each side forward of the handle bars. Reflector material shall have at least the minimum intensity values as prescribed in Table II of federal specifications L-S-300A, dated January 1, 1970. The manufacturer's trade name or other decorative material, if meeting minimum reflectorization standards, may be included in computing the required 16-square-inch area.
D. Brakes adequate to control the movement of, and to stop and to hold the snowmobile track under normal conditions of operation.
E. "Street or highway" means the entire width between boundary lines or any way or place when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic.
Subp. 2. Sled, trailer, or device towed by snowmobile.
Any sled, trailer, or other device being towed by a snowmobile during the hours of darkness under normal atmospheric conditions shall be equipped as follows:
A. Unobstructed and visible reflector material shall be mounted on each side and at the rear of the sled, trailer, or vehicle.
B. The reflector material required herein shall have at least the minimum intensity values set forth in subpart 1, item C or it shall be in accordance with Reflex Reflectors, SAE J594E.
Subp. 3. Maker's permanent identification number.
All snowmobiles made after June 30, 1972, and sold in Minnesota shall bear the maker's permanent identification number so placed and of such size as follows:
A. be stamped into the right outside vertical surface of the track tunnel in an area within 12 inches of the rearmost edge of the track tunnel, or other approved location;
B. have a height of numerals and letters of not less than one-fourth inch;
C. have a depth of embossing of not less than 0.010 inch; and
D. be readable without moving any part of the vehicle. Each snowmobile so manufactured shall bear an individual number which is not duplicated by that maker at any time within the succeeding ten years.
Subp. 4.
[Repealed, L 2023 c 60 art 4 s 112]
Subp. 5. Mufflers.
Mufflers:
A. No person shall operate a snowmobile unless it is equipped with a muffler as required by law and these rules, except that snowmobiles may be operated in organized events as authorized by Minnesota Statutes, section 84.871, without such a muffler.
B. No snowmobile manufactured on or after June 30, 1970, and before February 1, 1972, for sale in Minnesota, except snowmobiles designed for competition purposes only, shall be sold, or offered for sale, unless it is equipped with a muffler that limits engine noise to not more than 86 decibels on the A scale at 50 feet.
C. No snowmobile manufactured on or after February 1, 1972, for sale in Minnesota, except snowmobiles designed for competition purposes only, shall be sold, or offered for sale, unless it is equipped with a muffler that limits engine noise to not more than 82 decibels on the A scale at 50 feet.
D. No snowmobile manufactured on or after April 1, 1975, except a snowmobile designed for competition purposes only, shall be sold, offered for sale, or operated in Minnesota unless it is so equipped and has been certified by the manufacturer to conform to a sound level limitation of not more than 78 decibels on the A scale at 50 feet as originally equipped.
E. In certifying that a new snowmobile complies with the noise limitation requirements of this rule, a manufacturer shall make such a certification based on measurements made in accordance with the SAE Recommended Practice J192(a), as set forth in the Report of the Vehicle Sound Level Committee, as approved by the Society of Automotive Engineers September 1970 and revised November 1973.
F. No snowmobile shall be sold or offered for sale in Minnesota unless its maker has previously furnished the commissioner with a certificate of compliance certifying that all snowmobiles made by that maker meet or exceed the applicable noise level restrictions established by these rules. The certification of compliance shall be in the form of a "Snowmobile Safety Certification Committee" label conspicuously attached to the machine showing certification by the Snowmobile Safety and Certification Committee, Inc., or a label showing compliance with Snowmobile Safety Certification Committee standards accompanied by a letter containing test results of an evaluation of noise levels by a competent independent testing laboratory. Snowmobiles intended for competition purposes only shall be exempt from this part provided a separate placard identifying that such snowmobile is not so equipped is conspicuously and permanently affixed thereto.
G. Except for organized events as authorized by Minnesota Statutes, section 84.871, no snowmobile shall be modified by any person in any manner that shall amplify or otherwise increase total noise level above that emitted by the snowmobile as originally equipped, regardless of date of manufacture.
History
- Statutory Authority: MS s 84.86; L 2023 c 60 art 4 s 98; art 4 s 103
- History: 8 SR 1859; 48 SR 697
Minn. R. 6100.5800 Penalties
Subpart 1. In general.
Any person who shall violate any of the provisions of these parts shall be guilty of a misdemeanor.
Subp. 2. Manufacturer's penalty.
A manufacturer who certifies that a new snowmobile can meet the sound level limitations imposed by these parts shall be subject to the penalty provisions of subpart 1 for each machine so certified which does not meet the applicable sound level limitations.
History
- Statutory Authority: MS s 84.86
Minn. R. 6100.6000 [Repealed, L 2003 c 2 art 1 s 45]
[Repealed, L 2003 c 2 art 1 s 45]
Minn. R. 6100.7000 Definitions
Subpart 1. Allocations.
"Allocations" means the amount of land and water conservation fund moneys assigned annually to the state of Minnesota.
Subp. 2. Bureau.
"Bureau" means the Bureau of Outdoor Recreation.
Subp. 3. Fund.
"Fund" means the land and water conservation fund.
Subp. 4. LAWCON.
"LAWCON" means the land and water conservation fund administered by the Bureau of Outdoor Recreation.
Subp. 5. Local projects.
"Local projects" means projects sponsored by local governmental units below state level.
Subp. 6. Metropolitan area.
"Metropolitan area" means Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties.
Subp. 7. Open space.
"Open space" means the urban acquisition grant program administered by the Department of Housing and Urban Development.
Subp. 8. Public Law 566.
"Public Law 566" means the small watershed protection and flood control program administered by the Department of Agriculture.
Subp. 9. Project proposal.
"Project proposal" means a proposal for acquisition of land and/or water or development of facilities contributing to outdoor recreation.
Subp. 10. State agency.
"State agency" means the Minnesota Department of Natural Resources.
History
- Statutory Authority: MS s 86.71
Minn. R. 6100.7100 Criteria for Proposed Recreational Projects
Subpart 1. Purpose.
The following criteria will be used in evaluating outdoor recreation project proposals to establish priorities which have otherwise been determined eligible for financial assistance from the land and water conservation fund.
Subp. 2. Three-step evaluation.
Evaluation of project proposals by the state agency will be made in three steps: classification of the general project, application of state criteria, and assignment of priorities.
Subp. 3. State criteria.
The following acquisition and development projects shall receive priority over other projects which otherwise possess the same characteristics:
A. projects identified in a county or municipal plan which has been approved by a county or an established regional authority as required by part 6100.7400, subpart 4, items A and B and incorporated in an action program of the county or regional authority which approved the project application;
B. those types of outdoor recreation facilities and functions for which the applying agency is normally responsible to supply; see part 6100.7200;
C. proposed projects which cannot be funded from other grants-in-aid programs (i.e., open space, Public Law 566, etc.);
D. projects having regional or statewide significance when applicants adequately demonstrate their inability in finance the project without federal LAWCON assistance;
E. projects promoting an environment of natural beauty as compared to those having unsightly conditions (environmental intrusions) or reservations in the title which may create such intrusions; and
F. local projects having regional significance, and state projects having statewide significance.
History
- Statutory Authority: MS s 86.71
Minn. R. 6100.7200 Governmental Responsibilities in Outdoor Recreation
Subpart 1. In general.
Although there is not clear-cut separation between the responsibility of the private and public segments, the public endeavor may enter into competition with the private entrepreneur. If any separation in responsibility does exist, it follows that where facilities or services can be supplied by the private entrepreneur for profit, the public will not enter into competition. An example of this may be deluxe type of camping area. On the other hand a primitive type of camping area will remain a public responsibility. To identify responsibility by governmental levels the following are examples of areas and facilities which will ordinarily be considered to be of a public nature for outdoor recreation purposes. This does not include those areas of concern for the cultural or aesthetic amenities such as roadside beautification, air and water quality, preservation of historic sites, etc.
Subp. 2. Type of areas and facilities in public responsibility.
Pursuant to Laws of Minnesota 1965, chapter 810, section 21 (codified as Minnesota Statutes, section 86.71), the governor, or such state agency or agencies as the governor may designate, is designated as the state agency to apply for, accept, receive, and disburse federal funds and private funds which are granted to the state of Minnesota from the Federal Land and Water Fund Act. The governor on June 24, 1965, designated the Department of Conservation as the state agency to act for the governor in applying for, receiving, accepting, and disbursing such funds.
A. Municipal area of responsibility.
B. County area of responsibility.
C. State area of responsibility.
History
- Statutory Authority: MS s 86.71
- History: 17 SR 1279
Minn. R. 6100.7300 Application of State Criteria to Projects of the Same Classification; Priorities
Subpart 1. Acquisition projects classification.
Acquisition projects will be classified as follows:
A. areas which will provide multipurpose sites for needed mass use type of recreational activity to meet the needs of urban and local populations;
B. areas having a combination of significantly outstanding natural, scientific, cultural, historic, educational, and recreational values, particularly those providing habitat for rare and endangered species of plants and animals, and those preserving scarce ecological associations, historic and cultural features, or unique geologic formations, which will, when acquired and developed, be open to public recreation use;
C. areas which will provide sites for only a single purpose or tenancy type of recreational use;
D. areas which will provide for dispersed recreation uses, including but not limited to: public access, scenic areas, fish and wildlife habitat areas, and roadside, trail side, and waterfront zones.
Subp. 2. General acquisition project priorities.
A. The priority of specific acquisition projects within any one classification will be determined by the state criteria in part 6100.7100, subpart 3 provided each project complies with Minnesota Statutes 1967, section 86.71, subdivision 4. "Compatibility" as used therein shall mean in agreement with the currently accepted state outdoor recreation plan promulgated in accordance with Minnesota Statutes 1967, section 86.71, subdivision 3.
B. Projects having the highest priority will be programmed as defined in part 6100.7400, within the limits of allocations available to the state and in conformity with the distribution of the funds provided in Minnesota Statutes.
C. Projects having a low priority will not be programmed for funding when funds are limited.
Subp. 3. Development projects classification.
For purposes of priority evaluation, outdoor recreation development projects will be classified as follows:
A. Projects which are essential to the protection and perpetuation of the site and its environment providing the site is of unique character and of public interest.
B. Projects which are essential for protecting the health and safety of the user.
C. Projects essential to provide access to dispersed use areas including, but not limited to: water access sites, hiking, horseback, snowmobile, and other trails.
D. Projects which are essential to meet the need for facilities within an area to provide multipurpose recreational opportunities to the general public, rather than a segment of the public, and which provide for mass use needs and have combinations of facilities including, but not limited to: picnic grounds, playgrounds, launching ramps, swimming beaches, ski areas, playing fields. Consideration should be given to the needs of persons with disabilities, the aged, and underprivileged groups.
E. Projects which are essential in providing tenancy for outdoor recreation users such as campgrounds, where such facilities are not of sufficient capacity to meet the present needs.
F. Single-purpose projects which are essential in providing for mass use including, but not limited to: picnic areas, playgrounds, playing fields, swimming pools and beaches, ski areas, or ball fields.
Subp. 4. General development project priorities.
A. The priority of specific development projects within any one classification will first be judged for the quality of the site itself and its suitability for the planned purposes as defined in the acquisition development priority schedule of the currently approved state outdoor recreation plan.
B. Secondly, the priority of said projects will be determined in accordance with the state criteria in part 6100.7100, subpart 3 provided each project complies with Minnesota Statutes 1967, section 86.71, subdivision 4. "Compatibility" as used therein shall mean in agreement with the currently accepted state outdoor recreation plan promulgated in accordance with Minnesota Statutes 1967, section 86.71, subdivision 3.
C. Projects having sufficient priority will be programmed as defined in part 6100.7400 within the limits of the allocation available to the state and in conformity with the distribution of the fund as provided in Minnesota Statutes 1967, section 86.71, or any amendment or superseding statute thereto.
D. Projects having a low priority rating will not be programmed for funding when funds are limited.
History
- Statutory Authority: MS s 86.71
- History: L 2005 c 56 s 2
Minn. R. 6100.7400 Project Programming or Scheduling Procedure
Subpart 1. State allocation.
Preliminary allocations to the states are usually released approximately 30 days following the beginning of a fiscal year. The final amount available for state use is amended in the last quarter of the fiscal year. However, later adjustments in the state allocation may subsequently be made by the bureau to reflect the actual receipts in the fund.
Subp. 2. Distribution of state allocation.
Minnesota Statutes 1967, section 86.71, subdivision 4, provides that 50 percent of the state allocation be distributed for projects to be acquired, developed, and maintained by local units of government. The remaining 50 percent will be made available to state agencies. This law further provides that "any guidelines established by the state for distribution of moneys made available to the state under subdivision 1 shall, after July 1, 1967, be distributed on a statewide and regional priorities basis other than a formula based on population and land areas."
Subp. 3. Submission of project proposals.
Submission of project proposals:
A. The programming or scheduling of projects for funding from the local government share of the state allocation for each fiscal year following July 1, 1967, will be accomplished by the review and evaluation of all project proposals in the hands of the state agency on or before November 15 and May 15, or the nearest workday should these dates fall on Saturday or Sunday. Project proposals from state agencies will likewise be reviewed and evaluated if in hand on or before September 15 and March 15 or on the nearest workday.
B. Each applying agency will certify by accompanying letter or statement that they have the financial authority and capability to support 100 percent of an acquisition or 75 percent of a development project until reimbursement is received.
C. Projects programmed by the state agency and recommended to the bureau normally require about four months after date submitted for bureau action.
D. Any state agency, county, municipality, or other local public entity in Minnesota may submit project proposals to acquire land for outdoor recreational purposes, or for the development of such acquired area, or on areas now held under an acceptable title in fee or an acceptable leasehold.
E. Local units of government will submit the project proposals, on forms as prescribed by the state agency for acquisition projects or for development projects, with the required attachments.
F. State agencies will submit their project proposals using forms as presented by the federal Bureau of Outdoor Recreation for acquisition projects and for development projects, along with the required attachments.
G. The required attachments for all project proposals shall consist of the following: a preliminary site plan, drawn to scale and showing the area boundary, and any development, both existing or planned by appropriate symbol, must accompany a proposal. Acquisition proposals will list each individual ownership as a parcel. These parcels should be indicated on the site map. The size of the map should not be larger than necessary to show the required detail. Proposals covering programmed projects will be prepared and submitted to the bureau by the state agency.
Subp. 4. Local plan.
Local plan:
A. Projects proposed by local units of government or state agencies are subject to review and coordination by the state agency (Minnesota Statutes 1967, section 86.71, subdivision 3.) Local projects must be a part of a comprehensive outdoor recreation plan (preferably part of a coordinated land use plan) for the county or an established regional authority, and must be a part of the five-year action program of such a plan after January 1, 1969. (Minnesota Statutes 1967, section 86.71, subdivision 4.) Counties or an established regional authority not having a comprehensive plan in which outdoor recreation is a planning element, may prepare an interim outdoor recreation plan for the review by the State Planning Agency and the state agency. Such a plan must contain a five-year action program for acquisition and development which covers the entire county area and all jurisdictions therein, and which is approved by the county board.
B. Projects will be rated by the county or regional authority as to priority in the county or regional action program. Only local projects having top priority will be considered by the state agency for funding.
C. On a statewide or regional basis, the state agency will program for funding those projects included in the highest priority groups of the state plan first.
Subp. 5. Local review of project proposals.
Local review:
A. Any project proposal to be submitted to the Legislative Advisory Committee for state natural resource assistance subsequent to bureau approval must be reviewed by the county board and the county planning committee of the regional planning committee if such a committee has been established. (Minnesota Statutes 1967, section 86.75.) Local review of all project proposals, and not just those enumerated, is desirable and in the best interest of good planning and programming. Such local review will provide adequate intracounty coordination, and where regional planning authority exists, adequate intercounty coordination. The review comments may be presented to the state agency by letter or copy of a resolution signed by the board or committee chair.
B. Laws of Minnesota 1967, chapter 896, provides for a review of land and water conservation fund applications by the Metropolitan Council, when such a review is required by federal law or by the federal agency. Pursuant to President's Executive Order 11237 and Public Law 89.754 (80 Statutes at Large 1263) the federal government requires such a review when the application concerns acquisition of land in metropolitan areas such as the seven-county metropolitan area. The council's review will be such as is required by law with respect to planning and programming. The council's recommendations will accompany the preliminary proposal when filed with the state agency for program review.
Subp. 6. State agency evaluation.
All of the preliminary proposals received 30 days prior to a semiannual programming date will be evaluated by that date. Applications will either be submitted to the bureau for approval, held for future action, or disqualified if the project does not meet the standards herein established. The applicant will be duly notified by letter of the state agency's action. The standards against which a proposed project will be weighed are as follows:
A. The project must meet the qualifications for an outdoor recreation project established by the Land and Water Conservation Fund Act and the regulations of the Bureau of Outdoor Recreation.
B. The project must be consistent with the currently accepted state comprehensive outdoor recreation plan.
C. Total cost for each proposed project will be in excess of $5,000. Administration cost at a local, state, and federal level for a smaller project would be excessive.
D. The project proposal must receive a high priority as judged using state criteria in parts 6100.7000 to 6100.7300.
E. All applicants will certify that if the grant is approved they will have the capability of financing 100 percent of an acquisition project and at least 75 percent of a development project until reimbursement from the fund is received. Applicants will also certify as to their financial and organizational ability to maintain and administer the project if a grant were provided.
History
- Statutory Authority: MS s 86.71
- History: 17 SR 1279
Chapter 6102 RECREATIONAL VEHICLES
Minn. R. 6102.0001 Scope and Purpose
The scope and purpose of this chapter is to provide regulation of off-highway motorcycles, off-road vehicles, and all-terrain vehicles pursuant to Minnesota Statutes, sections 84.787 to 84.796, 84.797 to 84.805, and 84.92 to 84.929.
History
- Statutory Authority: MS s 84.787 to 84.805; 84.92 to 84.929
- History: 22 SR 1026
Minn. R. 6102.0002 Definitions
Subpart 1. Scope.
For the purposes of parts 6102.0002 to 6102.0080, the terms defined in this part have the meanings given them.
Subp. 2. ATV.
"ATV" means an all-terrain vehicle.
Subp. 3. Commissioner.
"Commissioner" means the commissioner of natural resources.
Subp. 4. Department.
"Department" means the Department of Natural Resources.
Subp. 5. OHM.
"OHM" means an off-highway motorcycle.
Subp. 6. ORV.
"ORV" means an off-road vehicle.
Subp. 7. Vehicle.
"Vehicle" means an OHM, ORV, or ATV.
History
- Statutory Authority: MS s 84.787 to 84.805; 84.92 to 84.929
- History: 22 SR 1026
Minn. R. 6102.0010 Vehicle Registration and Display of Numbers
Subpart 1. Application.
Application for vehicle registration shall be made to the commissioner or authorized agent providing information relevant to registration in the format prescribed by the commissioner. Applicants must be 18 years of age or older before applying for registration. Upon presentation of a bill of sale and payment of the fee as required by Minnesota Statutes, sections 84.788, 84.798, and 84.922, a registration certificate shall be issued. Registration is valid for up to three years beginning January 1 of the year in which the vehicle is registered. Private use ATV registration certificates and decals are valid until ownership is transferred as prescribed by Minnesota Statutes, section 84.922, subdivision 2a.
Subp. 2. Required information.
The applicant shall furnish all the information completely and accurately as required by the application for registration.
Subp. 3. Display of number and decals.
The current ATV registration numbers and decal must be displayed on a plate not less than four inches high and 7-1/2 inches wide, which is clearly visible on the back of the vehicle, at least 12 inches from the ground. The decal must be displayed in the upper-left section of the plate. The plate, registration numbers, and registration decal must be maintained in a clear and legible condition.
ATVs registered for private use as prescribed by Minnesota Statutes, section 84.922, subdivision 2a, must display the private use decal in the upper-right section of the plate. If registered only for private use, no numbers need be displayed.
Subp. 4. Description of decal and number.
Letters and numbers shall be:
A. at least 1-1/2 inches high and 3/16 inch stroke;
B. in English language characters placed to read from left to right; and
C. in a color that contrasts with the background to which they are applied.
Subp. 5. Replacement card, numbers, decals.
A replacement registration card shall be issued upon application by the owner to the commissioner providing information relevant to registration in the format provided and upon payment of the fee as required by Minnesota Statutes, sections 84.788, subdivision 4; 84.798, subdivision 5; and 84.922, subdivision 3. A replacement registration decal may be obtained from the department's License Bureau, or any conservation officer. When any previously affixed registration number or decal is lost or destroyed, a replacement shall be affixed in the same manner as the original.
Subp. 6.
[Repealed, 22 SR 1026]
Subp. 7. Reporting of abandoned, stolen, or destroyed vehicles.
A vehicle registered under this part that is abandoned, stolen, or destroyed must be reported to the commissioner within 15 days by completing the reverse side of the registration certificate completely and accurately. A fee is not charged for the reporting.
History
- Statutory Authority: MS s 84.787 to 84.805; 84.92 to 84.929
- History: 18 SR 1145; 22 SR 1026; 33 SR 1411
Minn. R. 6102.0020 Dealer's and Manufacturer's Registration
Subpart 1. Demonstration or testing purposes.
Application for registration of all vehicles owned by a dealer and operated for demonstration or testing purposes within this state shall be made to the commissioner providing information relevant to registration in the format prescribed by the commissioner. Upon payment of the fee as required by Minnesota Statutes, sections 84.788, subdivision 6; 84.798, subdivision 6; and 84.922, subdivision 5, a registration certificate and one registration plate shall be issued. The registration certificate shall be conspicuously displayed by the dealer in the dealer's place of business.
Subp. 2. Research, experimentation, or demonstration purposes.
Application for registration of all vehicles owned by a manufacturer and operated for research, testing, experimentation, or demonstration purposes shall be made to the commissioner providing information relevant to registration in the format prescribed by the commissioner. Upon payment of the fee as required by Minnesota Statutes, sections 84.788, subdivision 6; 84.798, subdivision 6; and 84.922, subdivision 5, a registration certificate and one registration plate shall be issued. The registration certificate shall be conspicuously displayed by the manufacturer in the manufacturer's place of business.
Subp. 2a. Duplicate registration plates.
A duplicate registration plate may be purchased by a registered dealer or registered manufacturer upon payment of the fee as required by Minnesota Statutes, sections 84.788, subdivision 6; 84.798, subdivision 6; and 84.922, subdivision 5.
Subp. 3. Display required.
A dealer or manufacturer may not operate or permit to be operated within this state any vehicle owned by or under the control of a dealer or manufacturer unless a valid registration plate is clearly displayed on the vehicle in the manner prescribed by part 6102.0010, subpart 3.
History
- Statutory Authority: MS s 84.787 to 84.805; 84.92 to 84.929
- History: 18 SR 1145; 22 SR 1026
Minn. R. 6102.0030 Special Operating Permits
Subpart 1. Issuance.
Upon written application by the responsible event sponsor to the commissioner, special operating permits for limited periods of time not to exceed 30 days may be issued to operators of vehicles from states that do not require registration when the special operating permits are to be used in connection with an organized group outing, trail ride, race, rally, or other promotional event. The permit shall be in the format prescribed by the commissioner and is valid only under the terms and conditions specified by the permit for the event. The permit must be carried by the vehicle operator.
Subp. 2. Commissioner's review.
If a special operating permit is granted with conditions or is denied, the applicant may file with the commissioner a written request for review. The commissioner shall review the permit application and render a decision within 15 days of the request for review.
Subp. 3. Contested case hearing.
If the applicant wishes to appeal the decision of the commissioner after review under subpart 2, the applicant may file with the commissioner a written request for a contested case hearing under Minnesota Statutes, chapter 14.
History
- Statutory Authority: MS s 84.787 to 84.805; 84.92 to 84.929
- History: 18 SR 1145; 22 SR 1026
Minn. R. 6102.0040 Required Equipment
Subpart 1. Vehicle.
A vehicle shall not be operated on public lands, waters, and trails or on public streets and highways which are open to vehicle use unless equipped according to items A to E.
A. When operating during hours of darkness or reduced visibility, a vehicle must have at least one headlamp in operation, having a minimum candlepower of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead under normal atmospheric conditions. The headlamp must be so aimed that glaring rays are not projected into the eyes of oncoming vehicle operators.
B. When operating during hours of darkness or reduced visibility, a vehicle must have at least one red tail lamp in operation, having a minimum candlepower of sufficient intensity to exhibit a red light, plainly visible from a distance of 500 feet to the rear under normal atmospheric conditions.
C. A vehicle must have brakes adequate to control the movement of, to stop, and to hold the vehicle under normal operating conditions.
D. A vehicle must have a throttle so designed that when pressure used to advance the throttle is removed, the engine will immediately and automatically return to idle.
E. An ORV must have a seat belt for each human occupant. All human occupants must wear seat belts when the vehicle is in operation.
Subp. 2. Sled, trailer, or device towed by a vehicle.
A sled, trailer, or other device being towed by a vehicle must be equipped with a straight arm bar if the sled, trailer, or other device being towed by a vehicle contains one or more human passengers, except that a disabled vehicle being towed by any means may contain one human passenger if necessary to steer the vehicle. During the hours of darkness under normal atmospheric conditions the device being towed must also be equipped according to items A and B.
A. Unobstructed and visible reflective material of at least 16 square inches must be mounted on each side and at the rear of the sled, trailer, or device.
B. The reflection material required must have at least the minimum intensity values prescribed in Table II of the Federal Specifications L-S-300C, dated March 29, 1977, Code of Federal Regulations, title 49, chapter V, section 571.108, S5.7.2, or be in accordance with Reflex Reflectors, Society of Automotive Engineers, SAE J594F, which are incorporated by reference, are not subject to frequent change, and are available through the Minitex interlibrary loan system. The manufacturer's trade name, or other decorative material, if meeting minimum reflectorization standards, may be included in computing the required 16 square inch area.
Subp. 3. Maker's permanent identification number.
All ATVs made after January 1, 1995, and OHMs made after January 1, 1994, that are sold in this state must bear the maker's permanent identification number. All ATVs and OHMs so manufactured shall bear an individual number that is not duplicated by that maker at any time within the succeeding ten years. The maker's permanent identification number must:
A. be permanently stamped into the steering head or on a frame member on the forward half of the vehicle;
B. have numerals and letters of not less than four millimeters in height, and in English language characters placed to read from left to right; and
C. be readable without removing any part of the vehicle.
Subp. 4. Mufflers.
A. No person shall operate a vehicle unless it is equipped with a muffler having a spark arrestor approved by the United States Forest Service as described by Code of Federal Regulations, title 36, chapter II, section 261.52, paragraph (j).
B. Vehicles shall not be sold, offered for sale, or operated in this state unless equipped so that overall noise emission does not exceed a sound level limitation of not more than 99 decibels on the A scale from a distance of 20 inches using test procedures and instrumentation as set forth in the Society of Automotive Engineers' Standard, SAE J1287, June 1988, or, if different procedures or instrumentation are used, a noise level equivalent to that level.
C. No noise suppressing system or muffler shall be equipped with a cutout, bypass, or similar device and no person shall modify or alter that system or its operation in any manner which will amplify or increase the noise emitted by the vehicle's motor to exceed the noise limits established in this subpart, except for organized events as authorized by Minnesota Statutes, sections 84.795, subdivision 7; 84.804, subdivision 5; and 84.928, subdivision 5.
History
- Statutory Authority: MS s 84.787 to 84.805; 84.92 to 84.929
- History: 18 SR 1145; 22 SR 1026
Minn. R. 6102.0050 Operational Restrictions
Subpart 1. Traffic control.
To control traffic on public lands, waters, and trails, all vehicle operators must comply with items A to G.
A. Signs posted by the department must be obeyed. Signs shall be posted when necessary and desirable to control, direct, or regulate the operation and use of a vehicle, or to protect natural resources or public safety. Signs may also be posted restricting access to certain areas.
B. One-way trails must be traveled in the direction indicated.
C. When on a trail treadway, an operator must stay on the right half of the treadway when meeting or being passed by another trail user.
D. When passing another trail user traveling in the same direction, an operator must pass on the left half of the treadway and may pass only when the left half is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit overtaking and passing to be completely made without interfering with the safety of any trail user.
E. Any trail user who is about to enter onto or cross a trail treadway shall yield the right-of-way to any trail user already on the treadway to be entered or crossed.
F. When two trail users are about to enter an otherwise unmarked treadway intersection from different treadways at approximately the same time, or are approaching an otherwise unmarked merger of two treadways from any two directions at approximately the same time, the trail user on the right shall have the right-of-way.
G. Trail users shall yield to nonmotorized trail users and shall shut off their vehicles when meeting a horse until the horse has passed or until waved on by the rider or driver of the horse.
Subp. 2. Operation of vehicles.
It is unlawful on any public lands, waters, trails, or public road rights-of-way open for vehicle use for any person to drive or operate a vehicle in any of the following ways:
A. At a speed greater than is reasonable or proper under all of the surrounding circumstances or greater than the posted speed limit. When necessary, the commissioner may establish and post at reasonable intervals a reasonable and safe maximum speed limit for the operation of a vehicle along a specific portion of the trail or in areas under the commissioner's jurisdiction. The speed limit is effective when signs are erected and any operation of a vehicle within the posted portion of the trail or area in excess of the posted speed limit is unlawful. The speed limit may be waived in writing by the commissioner for an organized race or similar competitive event held upon lands, waters, or trails under the jurisdiction of the commissioner.
B. Without a lighted headlamp and tail lamp when operated at night or during reduced visibility.
Subp. 3. Regulations by governmental subdivisions.
Governmental subdivisions may, by ordinance, regulate the operation of a vehicle on public waters within their boundaries, provided the ordinance is approved by the commissioner and is not inconsistent with law or rule. An ordinance affecting vehicle use on public waters is not valid with respect to such action unless first submitted to the commissioner and approved in writing.
Subp. 4.
[Repealed, 22 SR 1026]
History
- Statutory Authority: MS s 84.787 to 84.805; 84.92 to 84.929
- History: 18 SR 1145; 22 SR 1026
Minn. R. 6102.0060 Uniform Signs
Subpart 1. In general.
The department shall post signs when necessary and desirable to control, direct, or regulate the operation and use of vehicles, or to protect natural resources or public safety. The department may post signs restricting access to certain areas. Specifications for signs used by the state or any of its subdivisions shall be pursuant to the department sign manual. Detailed plans and specifications for signs are available upon request to the commissioner.
Subp. 2.
[Repealed, 22 SR 1026]
Subp. 3.
[Repealed, 22 SR 1026]
Subp. 4.
[Repealed, 22 SR 1026]
Subp. 5.
[Repealed, 22 SR 1026]
Subp. 6.
[Repealed, 22 SR 1026]
Subp. 7.
[Repealed, 22 SR 1026]
Subp. 8.
[Repealed, 22 SR 1026]
Subp. 9.
[Repealed, 22 SR 1026]
History
- Statutory Authority: MS s 84.787 to 84.805; 84.92 to 84.929
- History: 18 SR 1145; 22 SR 1026
Minn. R. 6102.0070 Education and Training Programs for Atv and Ohm
Subpart 1. Administration.
The education and training program shall be administered by the safety coordinator, Enforcement Division, Department of Natural Resources.
Subp. 2. Course content.
The course content shall include the following:
A. machine nomenclature;
B. control familiarization;
C. machine safety features;
D. operating procedures;
E. OHM and ATV laws and rules;
F. loading and towing procedures;
G. OHM and ATV code of ethics;
H. safety hazards of operation including possible hearing damage;
I. environmental consequences of OHM and ATV use; and
J. written tests.
Subp. 3. Safety certificate.
Upon successful completion of the training program, a student may submit the student's name, address, and date of birth to the safety coordinator who shall issue to the student, on behalf of the commissioner, a safety certificate. A duplicate certificate shall be issued if the original is lost or destroyed, upon application and payment of the current issuance fee. Each safety certificate issued shall show on its face the name and birth date of the person to whom it was issued.
History
- Statutory Authority: MS s 84.787 to 84.805; 84.92 to 84.929
- History: 22 SR 1026
Minn. R. 6102.0080 Official Use and Variance
The requirements of parts 6102.0010 to 6102.0050 do not apply to a licensed peace officer or an employee or agent of the department while engaged in the performance of official duties. In addition, the commissioner may grant a variance from the requirements of parts 6102.0010 to 6102.0050 when the commissioner considers it necessary for maintenance, conservation, or public safety purposes.
History
- Statutory Authority: MS s 84.787 to 84.805; 84.92 to 84.929
- History: 22 SR 1026
Chapter 6105 WILD, SCENIC, AND RECREATIONAL RIVERS
Minn. R. 6105.0010 Policy
It is in the interest of present and future generations to preserve and protect the outstanding scenic, recreational, natural, historical, and scientific values of certain Minnesota rivers and their adjacent lands. Accordingly, the commissioner of natural resources does hereby provide standards and criteria for the preservation, protection, and management of such rivers, as authorized by Laws of Minnesota 1973, chapter 271.
History
- Statutory Authority: MS s 104.34
Minn. R. 6105.0020 Purpose
The standards and criteria established in parts 6105.0010 to 6105.0250 will provide minimum statewide requirements for the selection, classification, management, and control of wild, scenic, and recreational rivers and their land use districts.
History
- Statutory Authority: MS s 104.34
Minn. R. 6105.0030 Scope
The standards and criteria for wild, scenic, and recreational rivers hereby established in parts 6105.0010 to 6105.0250 shall pertain to public waters and to public and private lands within the land use districts as defined in the management plan.
The extent of the lands so covered is a maximum of 320 acres per each mile of river on both sides (not each side) of those rivers or river segments which the commissioner of natural resources has designated as components of the Minnesota wild and scenic rivers system.
All state, local, and special governmental units, councils, commissions, boards, districts, agencies, departments, and other authorities shall exercise their powers so as to further the purpose of the Minnesota Wild and Scenic Rivers Act and management plans adopted thereunder.
Land owned by the state, its agencies and subdivisions shall be administered in accordance with the management plan. No land so owned within the land use district shall be transferred if the commissioner determines such transfer is inconsistent with the plan.
In case of conflict between a provision of the Minnesota Wild and Scenic Rivers Act of these parts and some other law of this state or provisions of existing local ordinances, the more protective provision shall apply.
History
- Statutory Authority: MS s 104.34
Minn. R. 6105.0040 Definitions
Subpart 1. Shall; measurement of distances.
For the purpose of these parts, certain terms or words used herein shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distances unless otherwise specified shall be measured horizontally.
Subp. 2. Agricultural use.
"Agricultural use" means the management of land for production of farm crops such as vegetables, fruit trees, grain, and other crops, and their storage on the area, as well as for the raising thereon of farm poultry, domestic pets, and domestic farm animals.
Subp. 3. Bluffline.
"Bluffline" means a line along the top of a slope connecting the points at which the slope becomes less than 13 percent. This applies to those slopes within the land use district which are beyond the setback provision from the normal high water mark.
Subp. 4. Building line.
"Building line" means that line measured across the width of the lot at the point where the main structure is placed in accordance with setback provisions.
Subp. 5. Campground.
"Campground" means an area accessible by vehicle and containing campsites or camping spurs for tent and trailer camping.
Subp. 6. Clear cutting.
"Clear cutting" means the removal of an entire stand of vegetation.
Subp. 7. Cluster development.
"Cluster development" means a pattern of subdivision development which places housing units into compact groupings while providing a network of commonly owned or dedicated open space.
Subp. 8. Commissioner.
"Commissioner" means the commissioner of the Department of Natural Resources.
Subp. 9. Conditional use.
"Conditional use" means a use of land which is permitted within a zoning district only when allowed by the county board of commissioners or their legally designated agent after a public hearing, if certain conditions are met which eliminate or minimize the incompatibility with other permitted uses of the district.
Subp. 10. Essential services.
"Essential services" means underground or overhead gas, electrical, steam, or water distribution systems; collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, or other similar equipment and accessories in conjunction therewith; but not including buildings or transmission services.
Subp. 11. Forestry.
"Forestry" means the management, including logging, of a forest, woodland, or plantation and related research and educational activities, including the construction, alteration, or maintenance of woodroads, skidways, landings, and fences.
Subp. 12. Land use district.
"Land use district" means those lands designated by the commissioner as the protected land corridor along those rivers or river segments which the commissioner has designated as components of the Minnesota wild and scenic rivers system. The boundaries of such land use district shall include not more than 320 acres per each mile of river on both sides (not each side) of the river.
Subp. 13. Mining operation.
"Mining operation" means the removal from the land of stone, sand and gravel, coal, salt, iron, copper, nickel, granite, petroleum products, or other material for commercial, industrial, or governmental purposes.
Subp. 14. Nonconforming use.
"Nonconforming use" means any use of land established before the effective date of a county or local ordinance which does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard dimensions of a conforming use.
Subp. 15. Normal high water mark.
"Normal high water mark" means a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. In areas where the normal high water mark is not evident, setbacks shall be measured from the stream bank.
Subp. 16. Open space recreational uses.
"Open space recreational uses" means recreation use particularly oriented to and utilizing the outdoor character of an area; including hiking and riding trails, primitive campsites, campgrounds, waysides, parks, and recreation areas.
Subp. 17. Primitive campsites.
"Primitive campsites" means an area that consists of individual remote campsites accessible only by foot or water.
Subp. 18. Scenic easement.
"Scenic easement" means an interest in land, less than the fee title, which limits the use of the land for the purpose of protecting the scenic, recreational, or natural characteristics of wild, scenic, or recreational river areas. Unless otherwise expressly and specifically provided by the parties, such easement shall be: perpetually held for the benefit of the people of Minnesota; specifically enforceable by its holder or any beneficiary; and binding on the holder of the servient estate, the holder's heirs, successors, and assigns. Unless specifically provided by the parties, no such easement shall give the holder or any beneficiary the right to enter on the land except for enforcement of the easement.
Subp. 19. Selective cutting.
"Selective cutting" means the removal of single scattered trees.
Subp. 20. Setback.
"Setback" means the minimum horizontal distance between a structure and the normal high water mark or between a structure and a road or highway.
Subp. 21. Sewage disposal system.
"Sewage disposal system" means any system for the collection, treatment, and dispersion of sewage including but not limited to septic tanks, soil absorption systems, and drain fields.
Subp. 22. Single-family dwelling.
"Single-family dwelling" means a detached building containing one dwelling unit.
Subp. 23. Structure.
"Structure" means any building, sign, or appurtenance thereto, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, or gas lines, including towers, poles, and other supporting appurtenances.
Subp. 24. Subdivision.
"Subdivision" means improved or unimproved land or lands which are divided for the purpose of ready sale or lease, or divided successively within a five-year period for the purpose of sale or lease, into three or more lots or parcels of less than five acres each, contiguous in area and which are under common ownership or control.
Subp. 25. Substandard use.
"Substandard use" means any use of shorelands existing prior to the date of enactment or amendment of a county or local ordinance which is permitted within the applicable land use district but does not meet the minimum lot area, length of water frontage, structure setbacks, or other dimensional standards of the ordinance.
Subp. 26. Variance.
"Variance" means a modification or variation of the provisions of the local ordinance where it is determined that, by reason of exceptional circumstances, the strict enforcement of any provision of the local ordinance would cause unnecessary hardship, or that strict conformity with the provisions of the local ordinance would be unreasonable, impractical, or not feasible under the circumstances. This shall be evaluated according to the provisions contained in parts 6105.0220 to 6105.0250.
Subp. 27. Watershed management or flood control structure.
"Watershed management or flood control structure" means a dam, floodwall, wing dam, dike, diversion channel, or an artificially deepened or widened stream channel following the same or approximately the same course as the natural channel, or any other structure for altering or regulating the natural flow condition of a river or stream. The term "watershed management or flood control structure" does not include pilings, retaining walls, gabion baskets, rock riprap, or other facilities intended primarily to prevent erosion and which must be authorized by permit from the commissioner.
Subp. 28. Wetland.
"Wetland" means land which is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp, or marsh.
History
- Statutory Authority: MS s 104.34
- History: 17 SR 1279
Minn. R. 6105.0050 Severability
The provisions of these rules shall be severable, and the invalidity of any paragraph, subparagraph, or subdivision thereof shall not make void any other paragraph, subparagraph, subdivision, or any other part.
History
- Statutory Authority: MS s 104.34
Minn. R. 6105.0060 Rivers Eligible for Inclusion in River System
Subpart 1. General characterization and classification.
To be eligible for inclusion in the Minnesota wild and scenic rivers system, a river or segment of a river, and its adjacent lands must possess outstanding scenic, recreational, natural, historical, scientific, or similar values. The river or its segments shall be classified into one or more of the three classes of rivers: wild, scenic, and recreational. Each river shall be managed so as to preserve and protect the values which qualify it for designation and classification.
Subp. 2. Wild rivers.
Wild rivers are those that exist in a free-flowing state with excellent water quality and with adjacent lands that are essentially primitive.
A. "Free-flowing" means existing in natural condition without significant artificial modification such as impoundment, diversion, or straightening. The existence, however, of low dams, diversion works, or other minor structures shall not automatically bar its inclusion as a wild, scenic, or recreational river.
B. "Excellent water quality" means that the water quality is in or approaches natural condition with no significant evidence of human activities.
C. "Adjacent lands that are essentially primitive" means that the river's adjacent lands should possess a wilderness or natural-like appearance. These adjacent lands should be substantially free of habitation and other evidence of human intrusion. However, the existence of a few unobtrusive structures along the river would not bar a river from wild river classification nor would a limited amount of domestic livestock grazing and pasture land, and cropland developed for the production of hay. Wild rivers should not be paralleled by conspicuous and well-traveled roads or railroads. Short, inconspicuous, and well-screened stretches would not bar a river from wild river classification, nor would a bridge or utility crossings.
Subp. 3. Scenic rivers.
Scenic rivers are those rivers that exist in a free-flowing state and with adjacent lands that are largely undeveloped.
A. "Free-flowing state" has the same meaning for scenic rivers as it does for wild rivers.
B. "Adjacent lands that are largely undeveloped" means that the adjacent lands still present an overall natural character, but in places may have been developed for agricultural, residential, or other land uses. Small communities that are limited to short reaches of the total area would not bar a river from scenic river classification. Although roads and railroads may occasionally bridge certain rivers, this will not bar such rivers from scenic river classification, nor will short stretches of conspicuous roads and railroads and longer stretches of inconspicuous and well screened roads or railroads paralleling the river.
Subp. 4. Recreational rivers.
Recreational rivers are those rivers that may have undergone some impoundment or diversion in the past and that may have adjacent lands which are considerably developed, but that are still capable of being managed so as to further the purposes of this act.
A. "May have undergone some impoundment or diversion in the past" means that there may be preexisting water resource development and diversions having an environmental impact greater than that described for wild and scenic rivers.
B. "May have adjacent lands that are considerably developed" means that the bordering lands may have already been developed for a full range of agricultural or other land uses. Recreational rivers also may be readily accessible by preexisting roads or railroads.
History
- Statutory Authority: MS s 104.34
- History: 17 SR 1279
Minn. R. 6105.0070 Procedure for Including a River: Management Plans
Subpart 1. In general.
For each river proposed to be included in the wild and scenic rivers system, the commissioner shall prepare a management plan. The plan shall:
A. give emphasis to the preservation and protection of the area's scenic, recreational, natural, historic, and similar values;
B. place no unreasonable restrictions upon compatible, preexisting, economic uses of particular tracts of land.
Subp. 2. Contents of plan.
Each management plan shall include:
A. The proposed classification of the river or appropriate segments.
B. The proposed land use district boundaries which shall not exceed 320 acres per each mile of river on both sides (not each side) of the river.
C. The proposed methods for preserving the river and its adjacent lands. Land use controls, applied through local zoning ordinances, will be employed to preserve and protect the values of the river which justified its selection and classification. Scenic easements or fee title to land may be acquired when preservation dictates stricter limits on shoreland development than land use controls can impose. Fee ownership, or, when sufficient, use easements, may be acquired for campsites, accesses, launch areas, trails, and other public uses of land. The commissioner can acquire fee and lesser interests in land by purchase, grant, gift, devise, exchange, or lease.
D. The proposed regulations for local land use control. These shall be consistent with the river classification, but may differ from the standards and criteria of parts 6105.0010 to 6105.0250 to the extent necessary to take account of the particular attributes of the area.
E. The proposed regulations, if any, for water surface use of the river.
F. The proposed plan for recreational management within the land use district.
G. The proposed plan for administration of the management plan.
History
- Statutory Authority: MS s 104.34
Minn. R. 6105.0080 Land Use
In order to preserve and protect those rivers and adjacent lands which possess outstanding scenic, recreational, natural, historical, scientific, and similar values, to reduce the effects of overcrowding and poorly planned development of such adjacent lands, to prevent pollution, to provide ample space on lots for sanitary facilities, to preserve natural beauty and quietude, to maintain property values, and to promote the general welfare, land use ordinances and official zoning district maps shall be enacted or amended by the county or municipality to comply with the management plan promulgated for lands within the jurisdiction of the local authority.
History
- Statutory Authority: MS s 104.34
Minn. R. 6105.0090 Land Use Districts
Subpart 1. Scope.
The land use controls set forth herein shall apply to the area within the land use district boundaries described in the management plan, and determined in accordance with part 6105.0070, subpart 2, item B.
Subp. 2. Types of districts.
The following land use districts shall be established in accordance with the classification of the river in the management plan:
A. wild river land use district;
B. scenic river land use district; and
C. recreational river land use district.
History
- Statutory Authority: MS s 104.34
Minn. R. 6105.0100 Use Within Land Use Districts
Subpart 1. Nonconforming uses.
All uses in existence prior to the effective date of enactment or amendment of the ordinance which do not conform to the use restrictions of the newly established land use district are nonconforming uses. Under the authority permitted by law, local authorities may adopt provisions to regulate and control, reduce the number or extent of, or gradually eliminate nonconforming uses. Local authorities shall provide for the gradual elimination of sanitary facilities inconsistent with part 6120.1300, subpart 3, items B, C, and E over a period of time not to exceed five years from the date of enactment of the local ordinance.
Subp. 2. Substandard uses.
All uses in existence prior to the effective date of enactment or amendment of the ordinance which are permitted uses within the newly established land use district, but do not meet the minimum lot area, setbacks, or other dimensional requirements of the ordinance are substandard uses. All substandard uses, except for substandard signs, shall be allowed to continue subject to the following conditions and exceptions:
A. Any structural alteration or addition to a substandard use which will increase the substandard dimensions shall not be allowed.
B. Each local authority shall provide for the gradual amortization of substandard signs over a period of time not to exceed five years from the enactment or amendment of the ordinance.
Subp. 3. Permitted and conditional uses.
In the following table of uses P means permitted use, C means conditional use, and N means nonpermitted use.
Certain of the following uses are subject to the zoning dimension provisions and sanitary provisions in parts 6105.0110 and 6105.0120. All of the following uses are subject to the vegetative cutting provisions and the grading and filling provisions in parts 6105.0150 and 6105.0160.
All uses not listed as permitted or conditional uses shall not be allowed within the applicable land use district.
History
- Statutory Authority: MS s 104.34
Minn. R. 6105.0110 Zoning Dimensions
Subpart 1. Substandard lots.
Lots of record in the office of the county register of deeds or registrar of titles on the effective date of enactment or amendment of the local land use ordinance, which do not meet the requirements of this part shall be allowed as building sites provided the proposed use is consistent with the local ordinance and the sanitary provisions, part 6105.0120, and the zoning dimension provisions, part 6105.0110, are complied with to the greatest extent practicable.
If in a group of two or more contiguous lots under a single ownership any individual lot does not meet the lot width requirements of the local ordinance, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land each meeting the lot width requirements of the local ordinance, or to the greatest extent practicable.
Subp. 2. Lot size.
For lots platted or created by metes and bounds description, the minimum size shall be:
A. for wild rivers, at least six acres in area, and at least 300 feet in width at the building line and at least 300 feet at the water line for lots abutting a wild river;
B. for scenic rivers, at least four acres in area, and at least 250 feet in width at the building line and at least 250 feet at the water line for lots abutting a scenic river;
C. for recreational rivers, at least two acres in area and at least 200 feet in width at the building line and at least 200 feet at the water line for lots abutting a recreational river. Smaller lot sizes may be permitted for planned cluster developments. See part 6105.0140.
Subp. 3. Structures.
Structures:
A. Density of dwelling units. The density of dwelling units shall not exceed one dwelling unit per lot.
B. Setback. Structures, except signs specified in part 6105.0100, subpart 3, item N, essential services, private roads, and minor public streets, shall be placed so as to satisfy all setback requirements of subitems (1) to (3):
C. Placement of structures. Structures shall not be located on slopes greater than 13 percent unless such structures can be screened and sewage disposal system facilities can be installed so as to comply with the sanitary provisions in part 6105.0120. Where a floodplain ordinance exists, no structure shall be located in the floodway of a stream as defined in Minnesota Statutes, section 103F.111, subdivision 5, and furthermore shall be placed at an elevation consistent with any such applicable floodplain management ordinances. Where no floodplain ordinances exist, the elevation to which the lowest floor of a structure, including a basement, shall be placed, shall be determined after an evaluation of available flood information and shall be consistent with the statewide standards and criteria for management of floodplain areas of Minnesota.
D. Structure height shall not exceed 35 feet.
History
- Statutory Authority: MS s 104.34; 103F.321
Minn. R. 6105.0120 Sanitary Standards
The sanitary provision standards set forth in part 6120.1300 shall apply to wild, scenic, and recreational river land use districts. However, the provisions of part 6120.1300, subpart 3, item D are superseded by the following setback provisions for septic tank and soil absorption systems:
History
- Statutory Authority: MS s 104.34
Minn. R. 6105.0130 Watershed Management and Flood Control Structures
Minnesota Statutes, section 103G.245, requires a permit from the commissioner of natural resources before any change is made in the course, current, or cross-section of public waters.
History
- Statutory Authority: MS s 104.34; 103F.321
Minn. R. 6105.0140 Subdivisions
Subpart 1. Land suitability.
No land may be subdivided which is held unsuitable by the local authority, or the commissioner, for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or of the community.
Subp. 2. Subdivision standards.
The provisions otherwise set forth in parts 6105.0080 to 6105.0200 shall apply to all plats except planned cluster developments.
Subp. 3. Planned cluster developments.
Local ordinances shall contain provisions for allowing planned cluster developments when the proposed clustering provides a means of preserving agricultural land, open space, woods, scenic views and other features of the natural environment. Smaller lot sizes than those permitted in part 6105.0110, subpart 2 may be allowed for planned cluster developments provided:
A. Preliminary plans are approved by the commissioner of natural resources prior to their enactment by the local authority.
B. Central sewage facilities are installed which at least meet the applicable standards, criteria, or rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency.
C. Open space is preserved. This may be accomplished through the use of restrictive deed covenants, public dedication, granting of scenic easements, or other methods.
D. There is not more than one centralized boat launching facility for each cluster.
History
- Statutory Authority: MS s 104.34
Minn. R. 6105.0150 Vegetative Cutting
Subpart 1. In general.
On lands within 200 feet of the normal high water mark of wild rivers, 150 feet of the normal high water mark of scenic rivers, 100 feet of the normal high water mark of recreational rivers and lands within 100 feet of the normal high water mark of tributaries designated in the management plan and on lands 40 feet landward of the bluffline on wild rivers, 30 feet landward of the bluffline on scenic rivers, and 20 feet landward of the bluffline on recreational rivers, the following standards shall apply:
A. Clear cutting, except for any authorized public services such as roads and utilities, shall not be permitted.
B. Selective cutting of trees in excess of four inches in diameter at breast height is permitted provided that cutting is spaced in several cutting operations and a continuous tree cover is maintained, uninterrupted by large openings. In cases where the existing tree cover has been interrupted by large openings in the past, selective cutting should be performed so as to maintain a continuous tree cover in the remaining wooded areas.
C. The above cutting provisions will not be deemed to prevent:
Subp. 2. Clear cutting restrictions.
Clear cutting anywhere in wild, scenic, or recreational river land use districts is subject to the following standards and criteria:
A. Clear cutting shall not be used as a cutting method where soil, slope, or other watershed conditions are fragile and subject to injury.
B. Clear cutting shall be conducted only where clear-cut blocks, patches, or strips are, in all cases, shaped and blended with the natural terrain.
C. The size of clear-cut blocks, patches, or strips shall be kept at the minimum necessary.
D. Where feasible all clear cuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clear cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring, or the following spring.
History
- Statutory Authority: MS s 104.34
Minn. R. 6105.0160 Grading and Filling
Subpart 1. In general.
Grading and filling in of the natural topography which is not accessory to a permitted or conditional use shall not be permitted in the land use district. Grading and filling in of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earth moving, erosion, tree clearing, and the destruction of natural amenities and shall be controlled by the local ordinance.
Subp. 2. Additional standards.
Grading and filling in of the natural topography shall also meet the following standards:
A. the smallest amount of bare ground is exposed for as short a time as feasible;
B. temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted;
C. methods to prevent erosion and trap sediment are employed; and
D. fill is stabilized to accepted engineering standards.
Subp. 3. Excavation.
Excavation of material from, or filling in a wild, scenic, or recreational river, or construction of any permanent structures or navigational obstructions therein is prohibited, unless authorized by a permit from the commissioner pursuant to Minnesota Statutes, section 103G.245.
Subp. 4. Draining or filling wetlands prohibited.
No state or local authority shall authorize the drainage or filling in of wetlands within wild, scenic, or recreational river land use districts.
History
- Statutory Authority: MS s 104.34; 103F.321
Minn. R. 6105.0170 Permits for Utility Transmission Crossings
Subpart 1. Requirement.
All utility crossings (transmission and distribution) of wild, scenic, or recreational rivers, or of state lands within their land use districts which are under the control of the commissioner, require a permit from the commissioner pursuant to Minnesota Statutes, section 84.415 or 103G.245. In reviewing permit applications for such crossings, primary consideration shall be given to crossings that are proposed to be located with or adjacent to existing public facilities, such as roads and utilities.
Subp. 2. Conditional use permit.
Utility transmission crossings of lands within the jurisdiction of the local authority within wild, scenic, or recreational river land use districts, require a conditional use permit from the local authority. Transmission means electric power, telephone, and telegraph lines, cables, or conduits which are used to transport large blocks of power between two points (with respect to electric power, generally, 69 kilovolts or more) or main or pipeline crossings for gas, liquids, or solids in suspension which are used to transport large amounts of gas, liquids, or solids in suspension between two points. A conditional use permit is not required for high voltage (200 kilovolts or greater) transmission lines under the control of the Environmental Quality Board, pursuant to Minnesota Statutes, section 216E.10.
"Distribution" means lines, cables, or conduits or mains or pipelines used to distribute power, water, gas, or other essential services to the utility company's customers. These are essential services. A conditional use permit is not required for essential services.
History
- Statutory Authority: MS s 104.34; 103F.321
Minn. R. 6105.0180 Standards and Criteria for Utility Transmission Crossings of Lands Within the Jurisdiction of the Local Authority
Subpart 1. Policy.
It is essential to regulate utility transmission crossings of lands within the jurisdiction of the local authority within wild, scenic, or recreational river land use districts in order to provide maximum protection and preservation of the natural environment and to minimize any adverse effects which may result from such utility crossings. These standards and criteria provide a basic framework of environmental considerations concerning such a proposed crossing. The considerations deal with route design, structure design, construction methods, safety considerations, and right-of-way maintenance.
Subp. 2. Applicant requirements.
For each environmental consideration listed in these standards and criteria, the applicant shall indicate how the applicant is satisfying the consideration, where applicable, or if not, why not. In dealing with route design considerations the applicant must, where applicable, also supply data on relevant site conditions. The local authority shall issue a conditional use permit if the applicant shows that the applicant has satisfied, to the extent feasible, these environmental considerations.
In general, avoid wild, scenic, and recreational river land use districts, especially wild river land use districts, whenever practicable. But if there is no feasible alternative, the following standards and criteria shall apply.
Subp. 3. Route design.
Route design:
A. With regard to topography:
B. With regard to location, avoid entering areas within 200 feet of wild, scenic, and recreational rivers and avoid entering areas within 100 feet of designated tributaries with wild, scenic, or recreational river land use districts except where the utility has been authorized by the commissioner to cross wild, scenic, or recreational rivers or tributaries within their land use districts.
C. With regard to vegetation:
D. With regard to soil characteristics:
E. With regard to crossing of public waters, utility crossings of public waters requires a permit from the commissioner pursuant to Minnesota Statutes, section 84.415 or 103G.245.
F. With regard to open space recreation areas, avoid them whenever practicable.
Subp. 4. Structure design.
Structure design:
A. With regard to locating the utility overhead or underground, primary considerations must be given to underground placement in order to minimize visual impact. If the proposal is for overhead placement, the applicant shall explain the economic, technological, or land characteristic factors, which make underground placement infeasible. Economic considerations alone shall not be the major determinant. If overhead placement is necessary, the crossing should be hidden from view as much as practicable.
B. With regard to the appearance of the structures, they shall be made as compatible as practicable with the natural area with regard to height and width, materials used, and color.
C. With regard to the width of the right-of-way, the cleared portion of the right-of-way should be kept to a minimum.
Subp. 5. Construction methods.
Construction methods:
A. Construct across wetlands in the winter in order to minimize damage to vegetation, and in order to prevent erosion and sedimentation.
B. Construct at times when local fish and wildlife are not spawning or nesting.
C. Effective erosion and sedimentation control programs shall be conducted during all clearing, construction, or reconstruction operations in order to prevent the degradation of the river and adjacent lands.
Subp. 6. Safety considerations.
Applicants must adhere to applicable federal and state safety regulations, both with regard to prevention (such as safety valves and circuit breakers) and with regard to emergency procedures in the event of failure (fire suppression, oil spill cleanup).
Subp. 7. Right-of-way maintenance.
Right-of-way maintenance:
A. If possible, natural vegetation of value to fish or wildlife, and which does not pose a hazard to or restrict reasonable use of the utility, shall be allowed to grow in the right-of-way.
B. Where vegetation has been removed, new vegetation consisting of native grasses, herbs, shrubs, and trees, should be planted and maintained on the rights-of-way.
C. Chemical control of vegetation is discouraged. But where such methods are justified, chemicals used and the manner of their use must be in accordance with rules and other requirements of all state and federal agencies with authority over the use.
D. The management plan may identify areas suitable for utility corridors.
History
- Statutory Authority: MS s 104.34; 103F.321
- History: 17 SR 1279
Minn. R. 6105.0190 Public Road Permits
Subpart 1. Requirement.
A permit as established in Minnesota Statutes, section 103G.245, is required for the construction or reconstruction, removal, or abandonment of any road or railroad crossing, of a public water.
In reviewing permit applications required for road or railroad crossings, primary consideration shall be given to crossings located with or adjacent to existing facilities, such as roads and utilities.
Subp. 2. Conditional use permit.
A conditional use permit from the local authority shall be required for any construction of new public roads, or the reconstruction of any existing public roads within wild, scenic, or recreational river land use districts. Public roads include township, county, and municipal roads and highways which serve or are designed to serve flows of traffic between communities or other traffic generating areas. Public roads also include public streets and roads which serve as feeders or traffic-ways between minor public streets and major roads. A conditional use permit is not required for minor public streets which are streets intended to serve primarily as an access to abutting properties.
History
- Statutory Authority: MS s 104.34; 103F.321
Minn. R. 6105.0200 Standards and Criteria for Construction of New Public Roads or Reconstruction of Existing Roads
Subpart 1. Policy.
It is essential to regulate the construction of new public roads and reconstruction of existing public roads within wild, scenic, and recreational river land use districts in order to provide maximum protection and preservation of the natural environment and to minimize any adverse effects which may result from such development. These standards and criteria provide a basic framework of environmental considerations concerning such proposed road construction. The considerations deal with route design, construction methods, safety considerations, right-of-way maintenance, and waysides.
Subp. 2. Applicant's requirement.
For each environmental consideration listed below, the applicant shall indicate how the applicant is satisfying the consideration, where applicable, or if not, why not. In dealing with route design considerations, the applicant must, where applicable, also supply data on relevant site conditions. The local authority shall issue a conditional use permit if the applicant shows that the applicant has satisfied, to the extent feasible, these environmental considerations.
In general, avoid wild, scenic, and recreational river land use districts, especially wild river land use districts, whenever practicable. But if there is no feasible alternative, the following standards and criteria shall apply.
Subp. 3. Route design.
Route design:
A. With regard to topography:
B. With regard to location, avoid new public road construction within 200 feet of wild, scenic, and recreational rivers and avoid new public road construction within 100 feet of designated tributaries within wild, scenic, or recreational river land use districts, except where a crossing of a wild, scenic, or recreational river has been authorized by the commissioner.
C. With regard to vegetation:
D. With regard to soil characteristics:
E. With regard to crossing of public waters, a permit from the commissioner is required for a road or railroad crossing, or reconstruction, removal, or abandonment of any existing road or railroad crossing, of a public water.
F. With regard to open space recreation areas, avoid them whenever practicable.
Subp. 4. Construction methods.
Construction methods:
A. Construct new roads so they rest as lightly on the land as feasible, avoiding cuts and fills so as to blend into the natural terrain so that it appears to be a part of the natural landscape.
B. Reconstruction of an existing public road or railroad should be performed in a manner that would minimize any adverse effect on the natural beauty and environment of the river.
C. Effective erosion and sedimentation control programs shall be conducted during all clearing, construction, or reconstruction operations in order to prevent the degradation of the river and its adjacent lands.
D. Construct across wetlands in a manner which minimizes damage to vegetation, and in a manner preventing erosion and sedimentation.
E. Construct at times when local fish and wildlife are not spawning or nesting.
Subp. 5. Safety considerations.
Applicants must adhere to applicable federal and state safety regulations with regard to new road construction or reconstruction of an existing road.
Subp. 6. Right-of-way maintenance.
Right-of-way maintenance:
A. If possible, natural vegetation of value to fish or wildlife, and which does not pose a safety hazard, shall be allowed to grow in the roadside right-of-way.
B. Where vegetation has been removed, new vegetation consisting of native grasses, herbs, shrubs, and trees should be planted and maintained on the roadside right-of-way.
C. Chemical control of vegetation is discouraged. But where such methods are justified, chemicals used and the manner of their use must be in accordance with rules, regulations, and other requirements of all state and federal agencies with authority over their use.
Subp. 7. Highway waysides.
Highway waysides shall be designed in such a manner so as to harmonize with the surroundings.
History
- Statutory Authority: MS s 104.34
- History: 17 SR 1279
Minn. R. 6105.0210 Public Use of Waters and Lands Within Wild, Scenic, and Recreational River Land Use Districts
Subpart 1. Policy.
In order to protect the rights of private landowners, to ensure quietude, to prohibit trespassing, to prevent littering, and to maintain the essential quality of wild, scenic, and recreational rivers and their land use districts, the commissioner and local governments shall adopt measures to manage the use and enjoyment of the rivers and their land use districts by the public.
The public use and enjoyment of wild, scenic, and recreational rivers and their land use districts is limited to the public waters and designated publicly owned lands and interests in land within the land use districts. Private lands which may be located within the land use district do not become public in any sense. As otherwise provided in parts 6105.0010 to 6105.0070, private landowners may grant scenic easements in their land to the state of Minnesota. However, unless specifically provided by the parties, no such easement shall give the holder or any beneficiary the right to enter on the land except for enforcement of the easement.
The restrictions set forth in subpart 2 shall not apply to persons who have been authorized by the commissioner or by the appropriate local government to possess such items for the sole purpose of removing such items from the area.
Subp. 2. Restrictions.
Restrictions:
A. Pursuant to Minnesota Statutes, section 609.68, whoever unlawfully deposits garbage, rubbish, offal, or the body of a dead animal, or other litter in or upon any public highway, public waters or the ice thereon, public lands, or without the consent of the owner, private lands or water or ice thereon, may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $100.
B. No person shall discharge a firearm while traveling on or using a wild, scenic, or recreational river, except for the purpose of hunting during those times and in those areas in which hunting for protected animals is allowed.
C. No person traveling over or using publicly owned lands within wild, scenic, or recreational river land use districts shall use trail bikes, all-terrain vehicles, or vehicles of a similar nature, provided that snowmobiles may be provided for in accordance with the management plan. This provision shall not apply to the lawful use of such vehicles on public roads and public streets.
D. Overnight camping, fires, or campfires shall not be allowed on publicly owned lands within wild, scenic, or recreational river land use districts, except in areas posted or designated by the commissioner for such purposes.
E. No person traveling on or using a wild, scenic, or recreational river shall enter upon private lands within the land use district without permission from the landowner, lessee, or occupant.
F. Anyone violating any of the provisions of this subpart shall be guilty of a misdemeanor.
Subp. 3. Water surface zoning.
Any regulations which may be necessary to reduce conflicts among users of a particular river, or between users and nearby residents, shall be promulgated as part of the management plan for the river, or as amendments thereto. The boundaries of such areas shall be described with particularity in the management plan.
History
- Statutory Authority: MS s 104.34
- History: 17 SR 1279
Minn. R. 6105.0220 Implementation of Proposed Management Plan
Adoption of the management plan, and adoption or amendment of local ordinances to comply with the management plan, shall be carried out pursuant to the procedures described in Laws of Minnesota 1973, chapter 271, sections 5 and 6.
On deeming it necessary to expedite the preservation and protection of the designated river, the commissioner may request the local authority to initially implement the land use controls described in the adopted management plan by passing an interim zoning resolution, providing such a resolution would be otherwise lawful.
History
- Statutory Authority: MS s 104.34
- History: 17 SR 1279
Minn. R. 6105.0230 Reviews and Certification of Local Land Use Decisions
Subpart 1. Procedure established.
In order to ensure that the standards herein are not nullified by unjustified exceptions in particular cases, and to promote uniformity in the treatment of applications for such exceptions, a review and certification procedure is hereby established for certain local land use decisions. These certain decisions consist of any decisions which directly affect the use of land within a wild, scenic, or recreational river land use district, and are one of the following types of action:
A. Adopting or amending an ordinance regulating the use of land, including rezoning of particular tracts of land.
B. Granting a variance from a provision of the local land use ordinance which relates to the zoning dimension provisions of part 6105.0110 and any other zoning dimension provisions established in the management plan.
C. Approving a plat which is inconsistent with the local land use ordinance.
Subp. 2. Compliance with decision guides.
No such action shall be effective unless and until the commissioner has certified that the action complies with the Minnesota Wild and Scenic Rivers Act, the statewide standards and criteria, and the management plan; and conforms to the following decision guides:
A. A land use ordinance or amendment must comply with the act, the statewide standards and criteria, and the management plan.
B. The grant of a variance requires the presence of these conditions:
C. Approval of a plat which is inconsistent with the local land use ordinance is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal.
Subp. 3. Procedures for the certification process.
Procedures:
A. A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider zoning amendments, variances, or inconsistent plats under the local ordinance shall be received by the commissioner at least 30 days prior to such hearings or meetings to consider such actions. The notice or application shall include a copy of the proposed ordinance or amendment, or a copy of the proposed inconsistent plat, or a description of the requested variance.
B. The local authority shall notify the commissioner of its final decision on the proposed action, within ten days of the decision.
C. The commissioner shall, no later than 30 days after receiving notice of the final decision, communicate to the local authority either certification of approval, with or without conditions, or notice of nonapproval.
D. The action becomes effective when and only when either:
E. In the case of notice of nonapproval of an ordinance or a variance or an inconsistent plat, either the applicant, or the chief executive officer of the county or municipality, may, within 30 days of said notice, file with the commissioner a demand for hearing. If the demand for hearing is not made within the 30 days, the notice of nonapproval becomes final. Also:
History
- Statutory Authority: MS s 104.34; 103F.321
- History: 17 SR 1279
Minn. R. 6105.0240 Review of Applications for Conditional Use Permits
A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider issuance of a conditional use permit shall be received by the commissioner at least 30 days prior to such hearings or meetings to consider issuance of a conditional use permit. A copy of the decision shall be forwarded to the commissioner within ten days of such action.
History
- Statutory Authority: MS s 104.34
Minn. R. 6105.0250 Copies of Plats Supplied to Commissioner
Copies of all plats within the boundaries of wild, scenic, or recreational river land use districts shall be forwarded to the commissioner within ten days of approval by the local authority.
History
- Statutory Authority: MS s 104.34
Minn. R. 6105.0300 Statutory Authority and Purpose
These parts are authorized by Minnesota Statutes, section 86B.205, subdivision 9, and are promulgated in order to promote the full use by all of the people, now and in the future, of the water surface of the Lower Saint Croix River in a manner consistent with safety for persons and property and with the enjoyment of the scenic and recreational values which caused the river to be designated a national scenic riverway.
History
- Statutory Authority: MS s 104.25; 103F.351
Minn. R. 6105.0310 Scope
These parts apply to the waters of the Lower Saint Croix River from the dam at Taylors Falls to its confluence with the Mississippi River.
History
- Statutory Authority: MS s 104.25
Minn. R. 6105.0320 Definitions
Subpart 1. Scope of terms; shall.
For the purpose of these rules the word "shall" is mandatory, not permissive, and certain words or terms shall be interpreted as follows.
Subp. 2. Mile.
"Mile" means distance in miles above the confluence of the Saint Croix River with the Mississippi River.
Subp. 3. Motorboat.
"Motorboat" means any watercraft propelled in any respect by machinery, including watercraft temporarily equipped with detachable motors.
Subp. 4. Slow-no wake.
"Slow-no wake" means operation of a motorboat at the slowest possible speed necessary to maintain steerage.
Subp. 5. Slow speed.
"Slow speed" means operation of a motorboat at a leisurely speed, less than planing speed, whereby the wake or wash created by the motorboat is minimal.
Subp. 6. Watercraft.
"Watercraft" means any contrivance used or designed for navigation on water other than duck boat during the duck hunting season, rice boat during the harvest season, or seaplane.
History
- Statutory Authority: MS s 104.25
Minn. R. 6105.0330 Restricted Speed Zones
Subpart 1. Slow speed zone.
No motorboat shall at any time be operated in excess of a slow speed from the dam at Taylors Falls to the sandbars located approximately at mile 31.0.
Subp. 2. Slow-no wake speed.
No motorboat shall be operated in excess of a slow-no wake speed in the following areas:
A. at the narrows located approximately at mile 28.6, which is 0.4 miles downstream from the Arcola High Bridge;
B. between the Coast Guard navigational buoys designating location of the navigation channel from the railroad swing bridge located at approximately mile 17.3 to the south side of the southernmost bridge in the Interstate Highway 94 corridor located at approximately mile 16.1 and from shore to shore in the area known as South Hudson Bay, downstream from the Hudson dike road to the embankment of Interstate Highway 94;
C. between the Coast Guard navigational buoys designating the Kinnickinnic River delta narrows from approximately mile 6.6 to approximately mile 6.0;
D. at the Prescott Narrows from the north side of U.S. Highway No. 10 bridge located approximately at mile 0.3 to the confluence of the Saint Croix River with the Mississippi River;
E. within 100 feet of shore (including the shores of islands) and of swimmers, from sandbars located approximately at mile 31.0 to the confluence of the Saint Croix River with the Mississippi River;
F. in that area known as Andersen Bay, located approximately at mile 20.0;
G. from shore to shore in the area known as Afton-Catfish Bar, located approximately at mile 11.4 to 11.8 as measured in the navigational channel, and established by regulatory buoys; and
H. between the dam at Taylors Falls to the confluence of the Saint Croix River with the Mississippi River, whenever the water level reaches 683.0 feet, mean sea level, as measured at the Stillwater gauge.
Subp. 3. Exception.
Any motorboat designated for law enforcement shall be exempt from this part in circumstances involving emergencies or violation of law.
History
- Statutory Authority: MS s 86B.205; 104.25
- History: 15 SR 2492; 20 SR 1196
Minn. R. 6105.0340 Water Skiing
Subpart 1. Between sunrise and sunset.
No watercraft towing a person on water skis, aquaplane, or similar device shall be operated between sunset and sunrise on the Saint Croix River from the dam at Taylors Falls to its confluence with the Mississippi River.
Subp. 2. Restricted speed zone.
No watercraft towing a person on water skis, aquaplane, or similar device shall be operated at any time in any zone designated a restricted speed zone under part 6105.0330; provided, however, that any watercraft launching or landing a person on water skis, aquaplane, or similar device by the most direct route to open water shall be exempt from part 6105.0320, subpart 2, item E.
Subp. 3. At sandbars.
From May 15 through September 15, inclusive, no watercraft towing a person on water skis, aquaplane, or similar device shall operate after 12:00 noon on Saturdays, Sundays, and legal holidays, from the sandbars located approximately at mile 31.0 to the upper end of the federal nine-foot navigation channel approximately at mile 24.5.
History
- Statutory Authority: MS s 104.25; 361.26
- History: 9 SR 2476
Minn. R. 6105.0350 Penalty
Any person violating any of the provisions of parts 6105.0300 to 6105.0340 shall be guilty of a misdemeanor.
History
- Statutory Authority: MS s 104.25
Minn. R. 6105.0351 Statement of Policy
In order to protect and preserve the outstanding scenic, recreational, geologic, fish and wildlife, historic, cultural, and other similar values of the Lower Saint Croix National Scenic Riverway in a manner consistent with the National Wild and Scenic Rivers Act, Public Law 90-542, and the Federal Lower Saint Croix River Act, Public Law 92-560, the commissioner of natural resources does hereby provide minimum standards and criteria for the management and development of the Lower Saint Croix National Scenic Riverway in Minnesota, as authorized by Minnesota Statutes, section 103F.351, subdivisions 3 to 5.
History
- Statutory Authority: MS s 104.25; 103F.351
Minn. R. 6105.0352 Scope
Subpart 1. Standards and criteria.
To achieve the policies declared in part 6105.0351, the commissioner hereby sets forth minimum standards and criteria for the wise management and development of the Lower Saint Croix National Scenic Riverway in parts 6105.0351 to 6105.0550 which include:
A. designation of the Saint Croix Riverway and establishing rural and urban districts;
B. rules designating types of land uses compatible with the Saint Croix Riverway;
C. rules providing minimum dimensions for the size and width of lots suitable for building sites;
D. rules governing the placement of structures in relation to shorelines, slopes, and blufflines;
E. rules governing the height and color of structures;
F. rules governing the alteration of natural shorelands and blufflands;
G. rules governing the type and placement of sanitary and waste disposal facilities;
H. rules governing the subdivision of shorelands and blufflands;
I. rules governing marinas and other intrusions in public waters; and
J. provisions for the administration and enforcement of Saint Croix Riverway ordinances.
Subp. 2. Adopting ordinances.
These standards and criteria provide minimum requirements for the Lower Saint Croix National Scenic Riverway in Minnesota. Local units of government shall have 90 days from the date of promulgation of the standards and criteria for the Lower Saint Croix National Scenic Riverway by the commissioner to adopt Saint Croix Riverway ordinances which reflect local needs and existing conditions, and which are in compliance with these standards and criteria. On the date of adoption of a Saint Croix Riverway ordinance by the local unit of government after approval by the commissioner, the critical area designation and the interim development regulations are no longer in effect for lands and waters under their jurisdiction. If any local unit of government fails to adopt an adequate Saint Croix Riverway ordinance within the 90-day period, the commissioner may adopt such an ordinance for the local unit of government in the manner and with the effect specified in Minnesota Statutes, section 103F.215. Nothing shall prevent the local units of government from adopting Saint Croix Riverway ordinances or applying other existing rules or ordinances which are more protective than these minimum standards and criteria.
History
- Statutory Authority: MS s 104.25; 103F.351
Minn. R. 6105.0353 Jurisdiction
The standards and criteria for the Lower Saint Croix National Scenic Riverway in Minnesota, as hereby set forth in parts 6105.0351 to 6105.0550, apply to both incorporated and unincorporated areas, public and private lands, and public waters within the riverway boundary established in the Lower Saint Croix River master plan prepared pursuant to Public Law 92-560 and Minnesota Statutes, section 103F.351.
All federal, state, local, and special governmental units, councils, commissions, boards, districts, agencies, departments, and other authorities shall exercise their powers so as to further the purposes of the federal and state Lower Saint Croix River acts, the master plan, and these standards and criteria.
History
- Statutory Authority: MS s 104.25; 103F.351
Minn. R. 6105.0354 Definitions
Subpart 1. Scope.
For the purpose of these standards and criteria, certain terms or words used herein shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally.
Subp. 2. Accessory use.
"Accessory use" means a use subordinate to and serving the principal use on the same lot and customarily incidental thereto, such as vegetative cutting and grading and filling.
Subp. 3. Agriculture.
"Agriculture" means the utilization of land for production of farm crops such as vegetables, fruit trees, grain, and other crops, as well as for the raising of poultry and domestic farm animals.
Subp. 4. Appurtenance.
"Appurtenance" means a structure subordinate to and serving the principal structure on the same lot and customarily incidental thereto such as garages, decks, essential services, signs, docks, and stairways and lifts, except that appurtenance does not include private water supply and sewage and waste disposal systems below the ground.
Subp. 5. Bluffline.
"Bluffline" means a line along the top of a slope connecting the points at which the slope, proceeding away from the river or adjoining watershed channel, becomes less than 12 percent; except that bluffline does not include the tops of slopes not visible from the river assuming no vegetation cover or the tops of slopes associated with minor undulations or roadside ditches, provided that the construction and presence of any proposed structure near the tops of such slopes will not cause erosion and that the structure will not be visible from the river. The location of the bluffline for any particular property shall be certified by a licensed land surveyor or the local authority. More than one bluffline may be encountered proceeding away from the river or adjoining watershed channel. All setbacks required herein shall be applicable to each bluffline.
Subp. 6. Building line.
"Building line" means a line measured across the width of the lot at that point where the principal structure is placed in accordance with setback provisions.
Subp. 7. Channel.
"Channel" means a natural or artificial depression of perceptible extent, with a definite bed and banks to confine and conduct flowing water either continuously or periodically.
Subp. 8. Commissioner.
"Commissioner" means the commissioner of natural resources.
Subp. 9. Conservancy.
"Conservancy" means the practice or implementation of policies for the protection and preservation of the natural character of lands for their value to scenic enjoyment, wildlife, water and soil conservation, flood plain management, forestry, and other such purposes.
Subp. 10. Dwelling unit.
"Dwelling unit" means a residential accommodation which is arranged, designed, used, or intended for use exclusively as living quarters for one family.
Subp. 11. Harbor.
"Harbor" means a portion of a body of water along or landward of the natural shoreline deep enough for recreational watercraft navigation, and so situated with respect to shoreline features as to provide protection from winds, waves, ice, and currents. Natural harbors consist of bays and estuaries, while artificial harbors are constructed by dredging.
Subp. 12. Local authority.
"Local authority" means that person or body of persons affiliated with a county or municipal government which has authority to take whatever action or decision these standards and criteria are referring to when the term is used, including but not limited to boards of commissioners, councils, boards of adjustment, planning commissions, zoning administrators, and tree inspectors.
Subp. 13. Lot.
"Lot" means a parcel, piece, or portion of land designated by metes and bounds, registered land survey, plat, or other means and separated from other parcels or portions by said description that is recorded in the office of the county register of deeds.
Subp. 14. Marina.
"Marina" means an area of concentrated small craft mooring, where ancillary facilities may be provided for some or all of such services as fueling, sewage pumpout, boat launching, boat repair, and boat storage; except that marina does not mean temporary docks associated with riparian residential development if the mooring area is of a size not to exceed the resource limitations of the site and the needs of the residents of the development.
Subp. 15. Nonconforming use.
"Nonconforming use" means any use of land established before the effective date of a Saint Croix Riverway ordinance which does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard dimensions of a conforming use.
Subp. 16. Ordinary high-water mark.
"Ordinary high-water mark" means a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high-water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In areas where the ordinary high-water mark is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters, and sloughs.
Subp. 17. Planned cluster development.
"Planned cluster development" means a pattern of subdivision development which places dwelling units into compact groupings while providing a network of commonly owned or dedicated open space.
Subp. 18. Public roads.
"Public roads" means county, municipal, and township roads and highways which serve or are designed to serve flows of traffic between communities or other traffic-generating areas.
Subp. 19. Public waters.
"Public waters" means any waters of the state which serve a beneficial public purpose as defined in Minnesota Statutes, section 105.37, subdivision 6.
Subp. 20. Riverway boundary.
"Riverway boundary" means a legally described line delineating the landward extent of the Saint Croix Riverway.
Subp. 21. Saint Croix Riverway.
"Saint Croix Riverway" means all lands and public waters within the riverway boundary subject to the standards and criteria for the Lower Saint Croix National Scenic Riverway in Minnesota.
Subp. 22. Saint Croix Riverway ordinance.
"Saint Croix Riverway ordinance" means a set of rules and any amendments thereto, adopted by a local unit of government in accordance with the standards and criteria for the Lower Saint Croix National Scenic Riverway, which regulates the use of land within any particular rural or urban district.
Subp. 23. Scenic easement.
"Scenic easement" means an interest in land, less than fee title, that limits the use of the land for the purpose of protecting the scenic, recreational, and natural characteristics of areas in the Saint Croix Riverway. Unless otherwise expressly and specifically provided by mutual agreement of the parties, the easement shall be: perpetually held for the benefit of the people of Minnesota; specifically enforceable by its holder or any beneficiary; and binding on the holder of the servient estate, the holder's heirs, successors, or assigns. Unless specifically provided by the parties, no such easement shall give the holder or any beneficiary the right to enter on the land except for enforcement of the easement.
Subp. 24. Screening.
"Screening" means the presence of vegetation or topography which makes any structure on any property visually inconspicuous in summer months as viewed from the river.
Subp. 25. Setback.
"Setback" means the minimum horizontal distance between any part of a structure and the ordinary high-water mark or a bluffline.
Subp. 26. Single family residential.
"Single family residential" means the use of a parcel of land for living accommodations including or intending to include a detached building containing one dwelling unit.
Subp. 27. Slope.
"Slope" means all lands between the ordinary high-water mark and the riverway boundary having an angle of ascent or descent of more than 12 percent from the horizontal.
Subp. 28. Structure.
"Structure" means any building or appurtenance thereto, except transmission services.
Subp. 29. Subdivision.
"Subdivision" means improved or unimproved land or lands which are divided for the purpose of ready sale or lease, or divided successively within a five-year period for the purpose of sale or lease, into three or more lots or parcels of less than five acres each, contiguous in area, and which are under common ownership or control.
Subp. 30. Substandard structure.
"Substandard structure" means any structure established before the effective date of a Saint Croix Riverway ordinance which is permitted within a particular zoning district but does not meet the structure setbacks or other dimensional standards of the ordinance.
Subp. 31. Transmission services.
"Transmission services" means electric power, telephone, and telegraph lines, cables, and conduits that are used to transport large blocks of power, convey intelligence, or transport material between two points. In the case of electrical power, this will generally mean 69 kilovolts or more. For mains or pipelines, this means those conduits used to transport large amounts of gas, liquids, or solids in suspension. This should not be confused with distribution lines, cables, and conduits used to provide power, water, gas, or other essential services to utility company customers.
Subp. 32. Variance.
"Variance" means any modification or variation of the dimensional standards of a Saint Croix Riverway ordinance where it is determined that, because of hardships, strict enforcement of the ordinance is impractical.
Subp. 33. Visually inconspicuous.
"Visually inconspicuous" means difficult to see or not readily noticeable in summer months as viewed from the river.
Subp. 34. Watercourse.
"Watercourse" means a channel in which a flow of water occurs either continuously or intermittently. The term applies to either natural or artificially constructed channels.
Subp. 35. Wetlands.
"Wetlands" means lands which are annually subject to periodic or continual inundation by water and commonly referred to as bogs, swamps, marshes, or sloughs.
History
- Statutory Authority: MS s 104.25
- History: 17 SR 1279; L 1998 c 324 s 9
Minn. R. 6105.0360 St. Croix Riverway Designation and Establishment of Districts
These standards and criteria designate a Saint Croix Riverway coinciding with the riverway boundary established in the Lower Saint Croix National Scenic Riverway Master Plan. These standards and criteria, as administered by local authorities through the adoption of Saint Croix Riverway ordinances, shall apply to all lands and waters in the Saint Croix Riverway.
For the purpose of these standards and criteria, there shall be two types of districts in the Saint Croix Riverway because of the variation in development patterns:
A. Rural districts, which consist of those lands in the Saint Croix Riverway in:
B. Urban districts, which consist of those lands in the Saint Croix Riverway in the cities of:
History
- Statutory Authority: MS s 104.25
Minn. R. 6105.0370 Use Standards and Criteria
Subpart 1. Purpose.
The purpose of establishing standards and criteria for uses in the Saint Croix Riverway shall be to protect and preserve existing natural, scenic, and recreational values, to maintain proper relationships between various land use types, and to prohibit new residential, commercial, or industrial uses that are inconsistent with the National Wild and Scenic Rivers Act, and the federal and state Lower Saint Croix River Acts.
Subp. 2. Permitted uses.
All structures associated with the following uses are permitted in the Saint Croix Riverway subject to the dimensional requirements of a Saint Croix Riverway ordinance:
A. conservancy;
B. agriculture;
C. single-family residential;
D. governmental highway waysides, rest areas, information areas, and scenic overlooks; and
E. governmental resource management and interpretive activities.
Subp. 3. Accessory uses in general.
The following standards and criteria are provided to preserve vegetative and topographical screening, and to retard surface runoff, soil erosion, and nutrient loss.
Subp. 4. Vegetative cutting; permit required.
On lands within 200 feet of the ordinary high water mark in rural districts, 100 feet of the ordinary high water mark in urban districts, and 40 feet landward of blufflines and on slopes greater than 12 percent in all districts, there shall be no vegetative cutting of live trees or shrubs without a permit from the local authority. A permit may be issued only if:
A. the cutting, including topping, involves trees less than six inches in diameter at breast height;
B. the cutting, including topping, involves vegetation which is not screening any structure from view from the river; and
C. the essential character, quality, and density of existing growths is preserved and continuous canopy cover is maintained; or
D. diseased trees are to be removed, and their removal is in the public interest; or
E. the cutting is necessary for the maintenance of transportation or utility rights-of-way.
Subp. 5. Vegetative cutting; no permit required.
A separate vegetative cutting permit is not required for the following; however, the vegetative cutting shall be accomplished in such a manner that the essential character, quality, and density of existing growths is preserved and continuous canopy cover is maintained as viewed from the river:
A. clearing the minimum area necessary for a structure, sewage disposal system, and private road and parking area, undertaken pursuant to a validly issued building permit;
B. maintenance trimming or pruning on any particular property or in transportation or utility rights-of-way;
C. vegetative cutting in areas of the Saint Croix Riverway not covered under subpart 4, provided that the cutting, including topping, involves vegetation which is not screening any structure from view from the river.
Subp. 6. Grading and filling; permit required.
Grading, filling, excavating, or otherwise changing the topography landward of the ordinary high water mark shall not be conducted without a permit from the local authority. A permit may be issued only if:
A. slopes greater than 12 percent are not altered where erosion and visual scars may result;
B. earth moving, erosion, vegetative cutting, draining or filling of wetlands, and the destruction of natural amenities is minimized;
C. the smallest amount of ground is exposed for as short a time as feasible;
D. temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted;
E. methods to prevent erosion and trap sediment are employed; and
F. fill is stabilized to accepted engineering standards.
Subp. 7. Grading and filling; permit not required.
A separate grading and filling permit is not required for grading, filling, or excavating the minimum area necessary for a structure, sewage disposal system, and private road and parking area undertaken pursuant to a validly issued building permit. However, the standards and criteria of subpart 6 shall be required as conditions of the building permit.
Subp. 8. Conditional uses.
Conditional uses:
A. In urban districts, uses permitted without a rezoning in specific districts by existing local ordinances in effect on May 1, 1974, may be allowed as conditional uses by the local authority, subject to the provisions of part 6105.0510, subpart 2. The local authority shall establish special zoning districts coinciding with the boundaries of zoning districts in effect on May 1, 1974, and shall specify standards and criteria by which conditional uses may be allowed within special zoning districts.
B. In rural districts, marinas may be allowed as conditional uses by the local authority, subject to the provisions of part 6105.0510, subpart 2, between the Boomsite Highway Wayside and Stillwater, and where provided in part 6105.0410, subpart 1, item B. No other conditional uses shall be allowed in rural districts.
Subp. 9. Prohibited uses.
The following uses shall be prohibited in all districts:
A. sand and gravel operations;
B. junkyards;
C. mobile home parks;
D. downhill ski areas;
E. marinas upstream from the Boomsite Highway Wayside; and
F. all uses not authorized in a Saint Croix Riverway ordinance.
Subp. 10. Nonconforming uses.
Prohibited uses in existence prior to the effective date of adoption of a Saint Croix Riverway ordinance are nonconforming uses and shall not be enlarged or expanded. Under authority permitted by law, local authorities may adopt provisions to regulate and control, reduce the number or extent of, or gradually eliminate nonconforming uses. Local authorities shall provide for the elimination of sanitary facilities inconsistent with part 6105.0390, subpart 3, item B, C, and E over a period of time not to exceed five years from the date of adoption of a Saint Croix Riverway ordinance or where required at an earlier date by existing county shoreland ordinances.
Subp. 11. Substandard structures.
All structures in existence prior to the effective date of adoption of a Saint Croix Riverway ordinance which are permitted within a particular zoning district but do not meet the structure setbacks or other dimensional standards of the ordinance are substandard structures and shall be subject to the following conditions:
A. Substandard structures and substandard sanitary facilities shall be allowed to continue.
B. In no instance shall the extent to which a structure or sanitary facility violates a setback standard be increased.
C. Any alteration or expansion of a substandard structure which increases the horizontal or vertical riverward building face shall not be allowed unless it can be demonstrated that the structure will be visually inconspicuous in summer months as viewed from the river.
D. If a substandard structure needs replacing due to destruction, deterioration, or obsolescence, such replacement shall comply with the dimensional standards of a Saint Croix Riverway ordinance.
History
- Statutory Authority: MS s 104.25
Minn. R. 6105.0380 Dimensional Standards and Criteria
Subpart 1. Purpose.
The purpose of establishing dimensional standards and criteria in the Saint Croix Riverway shall be to protect riverway lands by means of acreage, frontage, setback, and height requirements on development. Specific objectives shall be to maintain the aesthetic integrity of the Saint Croix Riverway's dominant natural setting, to reduce the adverse effects of poorly planned shoreland and bluffland development, to provide sufficient space on lots for sanitary facilities, to minimize flood damage, to prevent pollution of surface and ground water, to minimize soil erosion, and to provide a natural buffer between the river and developed areas.
Subp. 2. Substandard lots.
Lots recorded in the office of the county register of deeds prior to May 1, 1974, that do not meet the requirements of subpart 3, may be allowed as building sites when:
A. the proposed use is permitted in the zoning district;
B. the lot has been in separate ownership from abutting lands since May 1, 1974;
C. it can be demonstrated that a proper and adequate sewage disposal system can be installed in accordance with the provisions of part 6105.0390, subpart 3; and
D. the dimensional standards of a Saint Croix Riverway ordinance are complied with to the greatest extent practicable. A Saint Croix Riverway ordinance may, consistent with these standards and criteria, set a minimum size for substandard lots or impose other restrictions on the development of substandard lots.
Subp. 3. Lot size.
For lots created after May 1, 1974, the minimum size shall be:
A. In rural districts, not less than 2-1/2 acres in area; not less than 200 feet in width at the building line; and not less than 200 feet in width on the side abutting or nearest the river.
B. In urban districts:
Subp. 4. Number of dwelling units.
There shall not be more than one dwelling unit per lot, with the exception of planned cluster developments that shall be subject to the provisions of part 6105.0400, subpart 4.
Subp. 5. Structure setbacks.
Structure setbacks:
A. The following minimum setbacks from the ordinary high water mark and blufflines shall apply to all structures and private roads and parking areas, except those specified as exceptions herein:
B. Exceptions to the minimum setbacks:
Subp. 6. Placement of structures.
In addition to the setback requirements of subpart 5, placement of structures shall be controlled as follows:
A. Structures shall not be permitted on slopes greater than 12 percent, with the exception of stairways and lifts. Regardless of the number of blufflines on a given property, structures on slopes shall not be permitted. The physical alteration of slopes shall not be permitted for the purpose of overcoming this limitation.
B. When a floodplain ordinance exists, no structure shall be located in the floodway, as defined in Minnesota Statutes, section 103F.111, subdivision 5. Outside the floodway, structures shall be placed at an elevation consistent with any applicable floodplain management ordinance. Local units of government lacking such ordinances shall adopt floodplain management regulations in accordance with Minnesota Statutes, section 103F.121, subdivisions 1 and 2. Until such adoption, the elevation to which the lowest floor of a structure, including a basement, shall be placed, shall be determined after an evaluation of available flood information, and shall be consistent with the statewide standards and criteria for management of floodplain areas in Minnesota.
C. The total area of all impervious surfaces on a lot shall not exceed 20 percent of the total lot area.
Subp. 7. Structure height.
The distance between the average ground level at the building line and the uppermost point of the structure shall not exceed 35 feet.
Subp. 8. Color of structures.
The exterior color of new structures, including roofs, shall be of earth or summer vegetation tones, unless completely screened from the river by topography. This standard is recommended when repainting and reroofing existing structures visible from the river.
History
- Statutory Authority: MS s 104.25; 103F.351
- History: L 2014 c 289 s 70
Minn. R. 6105.0390 Sanitary Standards and Criteria
Subpart 1. Purpose.
In order to ensure safe and healthful conditions, to prevent pollution and contamination of surface and ground waters, and to guide development compatible with the natural characteristics of blufflands, shorelands, and related water resources, Saint Croix Riverway ordinances shall control individual water supply and waste disposal systems with respect to location, construction, repair, use, and maintenance; and shall control commercial, agricultural, industrial and public waste disposal, and solid waste disposal sites.
Subp. 2. Water supply.
Any public or private supply of water for domestic purposes shall conform to Minnesota Department of Health standards for water quality. Private wells shall be placed in areas not subject to flooding and upslope from any source of contamination.
Subp. 3. Sewage and waste disposal.
Any premises used for human occupancy shall be provided with an adequate method of sewage disposal to be maintained in accordance with acceptable practices.
A. Public or municipal collection and treatment facilities shall be used where available or feasible.
B. All private sewage and other sanitary waste disposal systems shall conform to applicable standards, criteria, and rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency, and any applicable local government regulations in terms of size, construction, use, and maintenance.
C. Location and installation of a septic tank and soil absorption system shall be such that, with reasonable maintenance, it will function in a sanitary manner and will not create a nuisance, endanger the quality of any domestic water supply, nor pollute or contaminate any waters of the state. In determining a suitable location for the system, consideration shall be given to the size and shape of the lot, slope of natural and finished grade, soil permeability, high groundwater elevation, geology, proximity to existing or future water supplies, accessibility for maintenance, and possible expansion of the system.
D. Septic tank and soil absorption systems shall be set back the following distances:
E. Soil absorption systems shall not be allowed in the following areas for disposal of domestic sewage:
F. Saint Croix Riverway ordinances may require or allow alternative methods of sewage disposal, such as holding tanks, privies, electric or gas incinerators, biological and/or tertiary waste treatment plants, or land disposal systems, provided such facilities meet the standards, criteria, and rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency.
G. Public sewage disposal and commercial, agricultural, and solid waste disposal shall be subject to the standards, criteria, and rules of the Minnesota Pollution Control Agency.
History
- Statutory Authority: MS s 104.25
Minn. R. 6105.0400 Subdivisions
Subpart 1. Land suitability.
Land may be subdivided only where it is demonstrated by the applicant that all lots are suitable for residential development. No land shall be subdivided which is held unsuitable by the local authority, or the commissioner, for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.
Subp. 2. Subdivision standards.
The provisions otherwise set forth in parts 6105.0360 to 6105.0440 shall apply to all plats except planned cluster developments.
Subp. 3. Preliminary plan approval.
Preliminary plans for all plats, including planned cluster developments, shall be approved by the commissioner prior to their approval by the local authority.
Subp. 4. Planned cluster developments.
A pattern of subdivision development which places dwelling units into compact groupings may be allowed when the proposed clustering provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands, and other features of the natural environment than traditional subdivision development. Except for minimum setbacks and height limits, altered dimensional standards may be allowed as exceptions to Saint Croix Riverway ordinances for planned cluster developments provided:
A. the number of dwelling units allowed shall not exceed 50 percent more than the total number of dwelling units allowed if the development was based on the minimum lot size requirements for a single-family residential subdivision;
B. open space is preserved, including at least 50 percent of the length of shoreland or bluffland frontage as viewed from the river on which the placement of structures is otherwise permitted in part 6105.0380;
C. temporary docks, if allowed, shall be centralized and of a size not to exceed the needs of the residents of the development;
D. central sewage facilities, if allowed, shall meet the applicable standards, criteria, or rules of the Minnesota Department of Health, the Minnesota Pollution Control Agency, and any applicable local government regulations; and
E. the provisions otherwise set forth in parts 6105.0360 to 6105.0440 shall apply to all planned cluster developments.
Subp. 5. Public hearings required.
Public hearings shall be held in accordance with part 6105.0530, subparts 2 to 5 to consider all plats, including planned cluster developments.
History
- Statutory Authority: MS s 104.25
Minn. R. 6105.0410 Marinas
Subpart 1. District location.
New marinas may only be allowed between the Boomsite Highway Wayside and Stillwater and downstream from the northern city limits of Stillwater in urban districts.
Exception: for rural districts downstream from Stillwater, where marina proposals have water permits pending and/or environmental assessments or impact statements have been ordered under the state or federal environmental impact statement process before the date of notice of hearing for these standards and criteria, the prohibition of marinas does not necessarily apply. These marina proposals may be permitted, modified, or denied on the basis of water permit hearings. This exception shall not be construed to limit or restrict any federal or state agency or court from basing a decision in any permit proceeding on the intent and purposes of the National Wild and Scenic Rivers Act (Public Law 92-560); Minnesota Statutes, section 103F.351, subdivisions 3 to 5; and any other applicable state or federal statutes and regulations.
Subp. 2. Design standards.
New marinas or marina expansions may be permitted only if they are in the public interest, their size does not exceed the resource limitations of the site, and their design involves utilization of existing harbors in the watercourse or construction of harbors landward of the watercourse.
The design of a marina shall allow for screening between the harbor and the main channel of the watercourse so as to make marina facilities visually inconspicuous in summer months as viewed from the river.
An alternative to use of the water surface for new marinas or marina expansions could be the provision of drydocking facilities for the storage of boats during the open-water season.
Subp. 3. Permit requirements.
No construction or development associated with a marina shall begin until all of the following authorizations have been obtained by the applicant:
A. Land authorization. Marinas must be listed as a conditional use in a Saint Croix Riverway ordinance. For uses and structures above the ordinary high-water mark associated with a marina, a public hearing shall be held by the local authority to consider a marina as a conditional use in accordance with part 6105.0530, subparts 2 to 5. The local authority may approve or deny the marina as a result of the public hearing. If the local authority approves the marina, final issuance of the local permit shall be conditioned upon the granting of all state and federal permits required for a marina.
B. Water authorization.
C. Sanitary authorization. All fueling and sanitary facilities associated with a marina shall conform to applicable standards, criteria, and rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency, and any applicable local government regulations in terms of location, size, construction, use, and maintenance.
History
- Statutory Authority: MS s 104.25; 103F.351
Minn. R. 6105.0420 Alterations in Public Waters
Changing the course, current, or cross-section of public waters requires a permit from the commissioner of natural resources under Minnesota Statutes, section 103G.245. The standards in part 6105.0410, subpart 3, item B, subitems (4) to (6) shall apply to any alterations in public waters.
Under section 10 of the River and Harbor Act of 1899 and/or section 404 of the Federal Water Pollution Control Act Amendments of 1972, a permit for any structure and/or fill is also required from the Army Corps of Engineers.
Prior to the issuance of a permit for alterations in public waters, the commissioner may hold a public hearing in the manner provided by Minnesota Statutes, section 103G.311.
History
- Statutory Authority: MS s 104.25; 103F.351
Minn. R. 6105.0430 Transmission Services
A permit from the commissioner is required pursuant to Minnesota Statutes, section 84.415 or 103G.245 before transmission services may cross state-owned lands or public waters.
Rules of the Department of Natural Resources relating to utility crossings of public lands and waters, parts 6135.0100 to 6135.1800, shall apply to proposed transmission services crossings of state-owned lands and public waters. The performance standards in these rules as they relate to transmission services shall apply when securing approval from the local authority to cross other lands in the Saint Croix Riverway.
Prior to the issuance of permit for a transmission services crossing of state-owned lands or public waters in the Saint Croix Riverway, the commissioner may hold a public hearing in the manner provided by Minnesota Statutes, section 103G.311.
History
- Statutory Authority: MS s 104.25; 103F.351
Minn. R. 6105.0440 Public Roads
A permit from the commissioner is required pursuant to Minnesota Statutes, section 103G.245 before construction, reconstruction, removal, or abandonment of any road or railroad crossing of public waters. In reviewing permit applications required for road or railroad crossings, consideration shall be given to crossings with or adjacent to existing facilities, such as roads and utilities.
Rules of the Department of Natural Resources relating to the wild, scenic, and recreational rivers system, part 6105.0200 shall apply to road crossings of public waters. The performance standards in these rules as they relate to public roads shall also apply when securing approval from the local authority to cross other lands in the Saint Croix Riverway.
Prior to the issuance of a permit for road crossing of public waters in the Saint Croix Riverway, the commissioner may hold a public hearing in the manner provided by Minnesota Statutes, section 103G.311.
History
- Statutory Authority: MS s 104.25; 103F.351
Minn. R. 6105.0500 Joint Exercise of Powers
In order to facilitate more logical, consistent, and efficient administration of Saint Croix Riverway ordinances, counties and cities are encouraged, whenever feasible and practicable, to enter into joint powers agreements with adjacent or otherwise similarly situated local units of government for the purpose of jointly administering and enforcing Saint Croix Riverway ordinances pursuant to the procedures and authority of Minnesota Statutes, sections 394.32 and 471.59.
History
- Statutory Authority: MS s 104.25
Minn. R. 6105.0510 Local Permit Procedures
Subpart 1. Permitted uses.
In order to facilitate orderly and efficient administration and enforcement of Saint Croix Riverway ordinances, local units of government shall establish permit procedures for permitted and accessory uses and associated structures.
Subp. 2. Conditional uses.
In accordance with the provisions of part 6105.0370, subpart 8, conditional uses are subject to the following procedures:
A. establishment of special zoning districts, conditional uses, and specific standards and criteria by which conditional uses may be allowed, shall be approved by the commissioner prior to adoption of a Saint Croix Riverway ordinance; and
B. public hearings shall be held in accordance with part 6105.0530, subparts 2 to 5 to consider conditional use permits.
History
- Statutory Authority: MS s 104.25
Minn. R. 6105.0520 Variances
Variances shall only be granted where there are particular hardships which make the strict enforcement of a Saint Croix Riverway ordinance impractical. Hardship means the proposed use of the property and associated structures in question cannot be established under the conditions allowed by a Saint Croix Riverway ordinance; the plight of the landowner is due to circumstances unique to the property, not created by the landowner after May 1, 1974; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property and associated structures exists under the conditions allowed by a Saint Croix Riverway ordinance. In addition, no variance shall be granted that would permit any use that is prohibited in a Saint Croix Riverway ordinance in which the subject property is located. Conditions may be imposed in the granting of variances to ensure compliance and to protect adjacent properties and the public interest, especially in regard to the view from the river.
History
- Statutory Authority: MS s 104.25
- History: 17 SR 1279
Minn. R. 6105.0530 Public Hearings
Subpart 1. Requirement.
In addition to public hearings required by Minnesota Statutes, sections 375.51 and 462.357, prior to the adoption of a Saint Croix Riverway ordinance or amendments thereto, public hearings shall be held before any conditional use permit, any variance, and any proposal for a subdivision is approved or denied in the Saint Croix Riverway by the local authority.
Subp. 2. Requirements of the applicant.
The applicant shall submit sufficient copies of the following information to the local authority 30 days prior to the public hearing on the application for a conditional use, variance, or subdivision:
A. Plat of survey showing the property location, boundaries, dimensions, elevations, blufflines, utility and roadway corridors, the ordinary high water mark, floodway, and floodplain.
B. The most recent aerial photo of the property with property lines drawn in.
C. Location of existing and proposed structures including height and setback dimensions.
D. Location of existing and proposed alterations of vegetation and topography.
E. Adjoining water-oriented uses.
F. Suitability of the area for on-site waste disposal. Type, size, and location of the system shall be indicated. If a public or municipal wastewater collection and treatment system is to be utilized, the applicant must submit a written agreement from the municipality or sanitary authority indicating that the system has the capacity to handle the development.
G. Water supply system.
H. An estimate of permanent and transient residents.
Subp. 3. Review of application.
No less than 20 days prior to the public hearing, the local authority shall send copies of the above information to the following agencies for review and comment: Department of Natural Resources, county or city planning commission, regional planning commission, and Minnesota-Wisconsin Boundary Area Commission.
Subp. 4. Hearing record and decision.
The hearing record shall contain the comments of the agencies listed in subpart 3 and any other interested parties when such comments have been submitted. The decision by the local authority shall address the following items:
A. preserving the scenic and recreational resources of the Saint Croix Riverway, especially in regard to the view from and use of the river;
B. the maintenance of safe and healthful conditions;
C. the prevention and control of water pollution, including sedimentation;
D. the location of the site with respect to floodways, floodplains, slopes, and blufflines;
E. the erosion potential of the site based on degree and direction of slope, soil type, and vegetative cover;
F. potential impact on game and fish habitat;
G. location of the site with respect to existing or future access roads;
H. the amount of wastes to be generated and the adequacy of the proposed disposal systems;
I. the anticipated demand for police, fire, medical, and school services and facilities; and
J. the compatibility of the proposed development with uses on adjacent land.
Subp. 5. Forwarding the decision.
A copy of the final decision by the local authority on the application for a conditional use, variance, or subdivision shall be forwarded to the commissioner within ten days of such action.
History
- Statutory Authority: MS s 104.25
Minn. R. 6105.0540 Certifying Certain Actions
Subpart 1. In general.
In order to ensure that the standards and criteria herein are not nullified by unjustified exceptions in particular cases, and to promote uniformity in the treatment of applications for such exceptions, a review and certification procedure is hereby established for certain land use decisions. These certain decisions consist of any decisions which directly affect the use of the land in the Saint Croix Riverway, and are one of the following types of action:
A. Adopting or amending a Saint Croix Riverway ordinance regulating the use of land, including rezoning of particular tracts of land.
B. Granting a variance from the provisions of a Saint Croix Riverway ordinance which relates to the dimensional standards and criteria of part 6105.0380.
Subp. 2. Effective date of action.
No such action becomes effective unless and until the commissioner has certified that the action complies with the intent of the National Wild and Scenic Rivers Act, the federal and state Lower Saint Croix River acts and the master plan adopted thereunder, and these standards and criteria. In determining the acceptability of the proposed action, the items in part 6105.0530, subpart 4 shall also be considered.
Subp. 3. Certification process.
Certification process:
A. A copy of all notices of any public hearings to consider adoption or amendment of a Saint Croix Riverway ordinance, or variance application shall be received by the commissioner at least 20 days prior to such hearings to consider such actions. The notice shall include a copy of the proposed Saint Croix Riverway ordinance or amendments, or a description of the requested variance.
B. The local authority shall notify the commissioner of its final decision on the proposed action within ten days of the decision.
C. The commissioner shall, no later than 30 days after receiving notice of the final decision, communicate to the local authority either certification of approval, with or without conditions; or notice of nonapproval.
D. The action becomes effective when and only when either:
E. In the case of notice of nonapproval of a Saint Croix Riverway ordinance, amendment, or variance, either the local authority or the applicant may, within 30 days of said notice, file with the commissioner a demand for hearing. If the demand for hearing is not made within the 30 days, the notice of nonapproval becomes final. If a public hearing is demanded:
History
- Statutory Authority: MS s 104.25; 103F.351
- History: 17 SR 1279
Minn. R. 6105.0550 Implementation and Enforcement Assistance
The Department of Natural Resources shall provide assistance to the local units of government under the jurisdiction of the federal and state Lower St. Croix River Acts to implement and enforce St. Croix Riverway ordinances adopted pursuant to these standards and criteria.
History
- Statutory Authority: MS s 104.25
Minn. R. 6105.0600 Statutory Authority
Parts 6105.0600 to 6105.0760 are authorized by Minnesota Statutes 1974, section 104.35.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0605 Designation of River
That portion of the Kettle River from the Carlton-Pine county line to its confluence with the Saint Croix River is designated a component of the Minnesota wild and scenic rivers system.
History
- Statutory Authority: MS s 104.34; 104.35
- History: 12 SR 365
Minn. R. 6105.0610 Scope
Parts 6105.0600 to 6105.0760 apply to those portions of the river and its designated wild and scenic river land use districts indicated by the land use district legal descriptions of part 6105.0730.
History
- Statutory Authority: MS s 104.34; 104.35
- History: 12 SR 365
Minn. R. 6105.0620 Purpose
Parts 6105.0600 to 6105.0760 provide standards and criteria for state and local management of the designated land use districts of the Kettle River wild and scenic river. They establish the manner in which public recreational use of the river and public and private development of the land use districts may take place.
History
- Statutory Authority: MS s 104.34; 104.35
- History: 12 SR 365
Minn. R. 6105.0625 Classification of River
The Kettle River from the Carlton-Pine county line downstream to the Kettle River dam site at Sandstone is classified as scenic. The Kettle River from the dam downstream to its confluence with the Saint Croix River is classified as wild.
History
- Statutory Authority: MS s 104.34; 104.35
- History: 12 SR 365
Minn. R. 6105.0630 Recreation Management
Subpart 1. Policy.
As provided for in the management plan, the recreation management policy is to provide for the orderly use of public lands and waters within the wild and scenic river land use districts. The development of selected land- and river-oriented recreational facilities and the maintenance of these will help protect the rights of private landowners, ensure quietude, prohibit trespassing, and maintain the essential quality of wild and scenic river land use districts, as provided for in part 6105.0210.
Subp. 2. Design specifications.
As provided for in part 6105.0100, subpart 3 and the Kettle River management plan, the development of public or private recreational facilities within the wild or scenic river land use districts shall conform to the design specification guidelines as shown in part 6105.0760, subparts 1 to 6.
Subp. 3. Camping.
No public river-oriented camping facilities will be provided in close proximity to private recreational developments which are designed to serve the public demand for these.
Subp. 4. Corridor trails.
No Department of Natural Resources state corridor trails shall be established in either the wild or scenic river land use districts other than those identified in the Kettle River management plan.
A. The Kettle River crossing for the Minnesota-Wisconsin Boundary Trail shall be by a temporary bridge. The exact location, nature, and design of the crossing shall conform to the provisions of parts 6105.0190 and 6105.0200.
B. If additional recreational trails are desired by local residents and landowners, it is recommended that these be developed through the Department of Natural Resources trail assistance programs. Through the department's trail assistance programs, funds for local trail development and maintenance are made available to local units of government.
C. Existing state trails will not be closed, and new trails within state management units may be developed in conformity with the guidelines shown in part 6105.0760, subpart 1.
Subp. 5. Regulation of use.
The recreational use of the Kettle River and adjacent public lands will be regulated where necessary to ensure that the use does not adversely affect the values for which the river qualified for designation.
Subp. 6. Management maps.
The commissioner of natural resources adopts the recreation management maps, plates 1 to 8 in part 6105.0710 for the protection recreational use, and management of public lands or interests in land, for the Kettle River and its adjacent lands within the wild and scenic river land use districts.
Subp. 7. Funds and litter patrols.
The Division of Parks and Recreation shall allocate funds for maintenance of the Kettle River, and its adjacent lands, from the department's river development and maintenance account; and that the possibility of using local volunteer litter patrols be investigated as a means of supplementing the department's maintenance program.
Subp. 8. Allocation of responsibilities.
The department's Enforcement Division shall enter into discussions with the local units of government concerning the delineation of responsibilities for enforcement of applicable wild and scenic river regulations.
Subp. 9. Use study.
The Division of Parks and Recreation shall arrange for a recreational use study of the Kettle River.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0640 Land Management
Subpart 1. Permitted utility crossings.
No permit will be issued for a utility crossing of the designated land use districts of the Kettle River, except for those utility crossings identified below:
A. County State-Aid Highway (CSAH) 46 crossing;
B. CSAH 52 crossing;
C. CSAH 41 crossing;
D. CSAH 61 crossing;
E. CSAH 33 crossing;
F. Section 14-15, Township 40N, Range 20W power line crossing; and
G. Township road bridge crossing in SW 1/4 Section 10, T44N-R20W. Further, utility crossings are particularly inappropriate within the wild river land use district. However, additional crossings would be allowed at the existing line crossing (Section 14-15, Township 40N, Range 20W) only if the preferred alternative of using a crossing above the designated area or using one of the corridors in the scenic portion of the river would generate even greater adverse environmental effects and if the crossings can be installed without significant additional right-of-way clearing within the land use district.
Subp. 2. Tributaries.
The designated tributaries referred to in parts 6105.0110, subpart 3, item B, subitem (3) and 6105.0120 shall be:
A. Birch Creek;
B. Moose River;
C. Willow River;
D. Pine River;
E. Cane Creek;
F. Wolf Creek;
G. Deer Creek;
H. Fox Brook;
I. Grindstone River;
J. Cedar Creek;
K. Deer Brook; and
L. Kennedy Brook.
Subp. 3. Management area.
The commissioner of natural resources adopts the land use district legal descriptions of part 6105.0730 according to part 6105.0070, subpart 2 for the protection and management of lands within the wild and scenic river land use districts.
A. The regulations contained in parts 6105.0010 to 6105.0250 shall be applicable to all unincorporated lands, at the time of designation, within the wild and scenic river land use districts, except for those under federal jurisdiction.
B. The lands or interests in land recommended to be acquired in this plan will be acquired where funds are available for such purchases from willing sellers, as provided for in Minnesota Statutes, section 103F.331.
C. The land use regulations contained in parts 6120.2600 to 6120.3900 shall be applied to all incorporated lands, and shall be administered in conformity with the provisions of parts 6105.0220 to 6105.0250, as applicable.
D. Because acquisition of land, or interests in land, is from willing sellers, at the appraised value, some lands recommended for scenic easement acquisition may be purchased in fee title. This change from the recommended acquisition would be based on the mutual agreement by and between the state of Minnesota and the landowner(s). Furthermore, additional lands, or interests in land, may be purchased in order to further the policies established in Minnesota Statutes, chapter 271, and this management plan.
E. Land exchanges will be expedited, wherever feasible, in order to acquire lands within the land use district boundaries. These exchanges will be expedited in the manner prescribed by state law. However, land exchanges will not be recommended if such exchanges would adversely affect other Department of Natural Resources management programs.
History
- Statutory Authority: MS s 104.34; 104.35; 103F.321; 103F.351
- History: 12 SR 365
Minn. R. 6105.0650 Administration of Plan
Subpart 1. Pine County.
Pine County shall enact or amend ordinances and maps as necessary to:
A. establish the wild river and scenic river land use districts identified in the land use district legal descriptions of part 6105.0730 within Pine County; and
B. conform to the provisions of parts 6105.0010 to 6105.0250.
Subp. 2. Willow River, Rutledge, and Sandstone.
The municipalities of Willow River, Rutledge, and Sandstone shall enact or amend ordinances as necessary to:
A. Establish the scenic river land use districts as delineated for their jurisdictions in the land use district legal descriptions.
B. Conform to the provisions of parts 6105.0010 to 6105.0090 and 6105.0110 to 6105.0250 with the following exceptions to the dimensional standards and provisions of these parts:
C. Conform to the provisions and administrative procedures of parts 6105.0010 to 6105.0070; 6105.0130 to 6105.0200; and 6105.0210 to 6105.0250.
Subp. 3. More protective rules.
Nothing in parts 6105.0010 to 6105.0250 or this management plan shall preclude Pine County or its subdivisions or the municipalities of Willow River, Rutledge, or Sandstone from adopting regulations more protective than those adopted in this management plan, subject to approval by the commissioner of Natural Resources.
Subp. 4. Department assistance.
The Department of Natural Resources shall assist the local units of government in the implementation of parts 6105.0010 to 6105.0250, in accordance with the provisions of Minnesota Statutes 1974, section 104.36, subdivision 2. The Department of Natural Resources shall delineate the land use district boundaries on the appropriate zoning maps, for the affected local units of government.
History
- Statutory Authority: MS s 104.34; 104.35
- History: 12 SR 365
Minn. R. 6105.0700 [Repealed, 12 SR 365]
[Repealed, 12 SR 365]
Minn. R. 6105.0710 Recreation Management Maps
Subpart 1. Plate 1.
Subp. 2. Plate 2.
Subp. 3. Plate 3.
Subp. 4. Plate 4.
Subp. 5. Plate 5.
Subp. 6. Plate 6.
Subp. 7. Plate 7.
Subp. 8. Plate 8.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0720 Property Descriptions and Acreage
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0730 Land Use District Acreage
Subpart 1. T 45 N - R 20 W.
The land use district acreage for T 45 N - R 20 W is as follows:
Subp. 2. T 44 N - R 20 W.
The land use district acreage for T 44 N - R 20 W is as follows:
Subp. 3. T 43 N - R 20 W.
The land use district acreage for T 43 N - R 20 W is as follows:
Subp. 4. T 42 N - R 20 W.
The land use district acreage for T 42 N - R 20 W is as follows:
Subp. 5. T 42 N - R 20 W.
The land use district acreage for T 41 N - R 20 W is as follows:
Subp. 6. T 40 N - R 20 W.
The land use district acreage for T 40 N - R 20 W is as follows:
Subp. 7. T 40 N - R 19 W.
The land use district acreage for T 40 N - R 19 W is as follows:
Subp. 8. T 39 N - R 19 W.
The land use district acreage for T 39 N - R 19 W is as follows:
Subp. 9. Total.
The total land use acreage for this part is 15,288.93 acres.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0740 Scenic Easement Acreage
Subpart 1. T 45 N - R 20 W.
The scenic easement acreage for T 45 N - R 20 W is as follows:
Subp. 2. T 44 N - R 20 W.
The scenic easement acreage for T 44 N - R 20 W is as follows:
Subp. 3. T 41 N - R 20 W.
The scenic easement acreage for T 41 N - R 20 W is as follows:
Subp. 4. T 40 N - R 20 W.
The scenic easement acreage for T 40 N - R 20 W is as follows:
Subp. 5. Total.
The total scenic easement acreage for this part is 2,117.44 acres; this equals 13.84 percent of the land use district.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0750 Acquisition Acreage
Subpart 1. T 44 N - R 20 W.
The acquisition acreage for T 44 N - R 20 W is as follows:
Subp. 2. T 43 N - R 20 W.
The acquisition acreage for T 43 N - R 20 W is as follows:
Subp. 3. T 42 N - R 20 W.
The acquisition acreage for T 42 N - R 20 W is as follows:
Subp. 4. T 41 N - R 20 W.
The acquisition acreage for T 41 N - R 20 W is as follows:
Subp. 5. T 40 N - R 20 W.
The acquisition acreage for T 40 N - R 20 W is as follows:
Subp. 6. T 40 N - R 19 W.
The acquisition acreage for T 40 N - R 19 W is as follows:
Subp. 7. T 39 N - R 19.
The acquisition acreage for T 39 N - R 19 W is as follows:
Subp. 8. Total.
The total acquisition acreage for this part is 1,342.92 acres; this equals 8.78 percent of the land use district.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0760 Typical Trail Design
Subpart 1. Trail design typical.
Subp. 2. Figure 2.
Subp. 3. Figure 3.
Subp. 4. Figure 4.
Subp. 5. Figure 5.
Subp. 6. Figure 6.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0800 Designation of River
That portion of the Mississippi River from the County State-Aid Highway No. 7 bridge at Saint Cloud to the northwestern boundaries of the city of Anoka and the city of Champlin is hereby designated a component of the Minnesota wild, scenic, and recreational rivers system.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0810 Statutory Authority
This designation is made by the commissioner of natural resources pursuant to the authority of the Minnesota Wild and Scenic Rivers Act, Minnesota Statutes, sections 103F.301 to 103F.345.
History
- Statutory Authority: MS s 104.35; 103F.325
Minn. R. 6105.0820 Scope
The designation and parts 6105.0800 to 6105.0960 apply to the river and the adjacent lands as provided in the land management maps in part 6105.0950, plates 1 to 9 and the property descriptions for the land use districts.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0830 Classification: Scenic River
That portion of the Mississippi River and adjacent lands from the County State-Aid Highway No. 7 bridge at Saint Cloud to the county line at the Clearwater River between Stearns and Wright Counties, and State Highway No. 24 in Sherburne County, is classified as scenic.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0840 Classification: Recreational
That portion of the designated river and adjacent lands from the county line at the Clearwater River between Stearns and Wright Counties, and State Highway No. 24 in Sherburne County, to the northwestern boundaries of the city of Anoka and the city of Champlin is classified as recreational, in accordance with the provision of Minnesota Statutes, sections 103F.311, subdivision 4, and 103F.315, subdivision 2, and part 6105.0060.
History
- Statutory Authority: MS s 104.35; 103F.325
Minn. R. 6105.0850 Recreation Management
Subpart 1. Policy.
As provided for in the management plan, the recreation management policy is to provide for the orderly use of public lands and waters within the scenic and recreational river land use district. The development of selected land and river-oriented recreational facilities and the maintenance of these will help protect the rights of private landowners, ensure quietude, prohibit trespassing, and maintain the essential quality of wild and scenic river land use districts as provided in part 6105.0210, subpart 1.
Subp. 2. Design specifications.
As provided for in part 6105.0100, subpart 3 and the management plan, the development of public or private recreational facilities within the scenic and recreational river land use districts shall conform to the design specification guidelines as shown on figures 1 to 6 in part 6105.0940.
Subp. 3. Camping.
No public river-oriented camping facilities will be provided in close proximity to private recreational developments which are designed to serve the public demand for these.
Subp. 4. Regulated use.
The recreational use of the Mississippi Scenic and Recreational River and adjacent public lands will be regulated where necessary to ensure that the use does not adversely affect the values for which the river qualified for designation.
Subp. 5. Management maps.
The commissioner of natural resources adopts the recreation management maps, plates 1 to 9 in part 6105.0960, for the protection, recreational use, and management of public lands or interests in land, for the Mississippi Scenic and Recreational River and its adjacent lands within the recreational river land use districts.
Subp. 6. Funds.
The Division of Parks and Recreation shall allocate funds for maintenance of the Department of Natural Resources' recreational facilities within the Mississippi River land use districts from the department's river development and maintenance account.
Subp. 7. Division of responsibilities.
The department's Enforcement Division shall enter into discussions with the local units of government concerning delineation of responsibility for enforcement of applicable wild, scenic, and recreational river regulations.
Subp. 8. Islands.
All islands acquired by or transferred to the Department of Natural Resources, shall be managed in a manner consistent with the policy established in the Minnesota Wild and Scenic Rivers Act, Minnesota Statutes 1974, sections 104.31 to 104.40.
Subp. 9. Wildlife studies.
Wildlife studies will be completed, if possible, in cooperation with local groups and individuals before permanently siting any Department of Natural Resources recreational facilities within the Mississippi Scenic and Recreational River area.
Subp. 10. Volunteers.
The assistance of volunteer groups will be encouraged to help in the removal of litter from Department of Natural Resources water access campsites and rest areas.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0860 Land Management
Subpart 1. Tributaries.
The designated tributaries referred to in parts 6105.0110, subpart 3, item B, subitem (3) and 6105.0120 shall be:
A. Saint Augusta Creek (Johnson Creek on USGS quadrangles);
B. Plum Creek;
C. Clearwater River;
D. Bend Creek (Fish Creek on USGS quadrangles);
E. Silver Creek;
F. Otter Creek;
G. Creek at Otsego;
H. Elk River; and
I. North Fork Crow River.
Subp. 2. Management maps.
The commissioner of natural resources hereby adopts the land management maps, plates 1 to 9 in part 6105.0950 to the area identified in the legal description and according to part 6105.0070, subpart 2, item B for the protection and management of lands within the scenic and recreational river land use districts.
A. Parts 6105.0010 to 6105.0250 shall apply to all lands within the scenic and recreational river land use districts that are within unincorporated areas of the counties at the time of designations. Federal lands, however, are not subject to these parts.
B. The land or interests in land recommended to be acquired in this plan will be acquired where funds are available for such purchases, in the manner as provided for in Minnesota Statutes 1974, section 104.37.
C. Portions of the scenic or recreational land use districts which are within the boundaries of municipalities on the date of designation shall be covered by various provisions of parts 6105.0010 to 6105.0250 and parts 6120.2600 to 6120.3900, as specified in part 6105.0870, subparts 5 to 9.
D. Because acquisition of land, or interests in land, is from willing sellers, at the appraised value, some lands recommended for scenic easement acquisition may be purchased in fee title. This change from the recommended acquisition would be based on the mutual agreement by and between the state of Minnesota and the landowner(s). Furthermore, additional lands, or interests in land, may be purchased in order to further the policies established in Minnesota Statutes, section 103F.305, and this management plan.
E. Land exchanges will be expedited, wherever feasible, in order to acquire lands within the land use district boundaries. These exchanges will be expedited in the manner described by law. However, land exchanges will not be recommended if such exchanges would adversely affect other Department of Natural Resources management programs.
History
- Statutory Authority: MS s 104.35; 103F.325
Minn. R. 6105.0870 Administration of Management Plan
Subpart 1. Scope.
The land use controls referenced herein shall apply to the entire area within the land use district boundaries as identified on the land management maps, plates 1 to 9 in part 6105.0950, and the land use district property descriptions and determined in accordance with part 6105.0070, subpart 2, item B. In accordance with the Minnesota wild and scenic rivers act, Minnesota Statutes 1974, section 104.36 each local government shall, within six months of designation of the scenic and recreational river, adopt or amend its local ordinances and land use district maps to the extent necessary to comply with the statewide standards and criteria and the management plan as follows.
Subp. 2. Stearns County.
Stearns County shall enact or amend such ordinances and maps as necessary to:
A. establish a scenic river land use district, as identified on the land management maps, plates 1 to 9 in part 6105.0950, and the land use district property descriptions for Stearns County; and
B. conform to the provisions of parts 6105.0010 to 6105.0250.
Subp. 3. Sherburne County.
Sherburne County shall enact or amend such ordinances and maps as necessary to:
A. establish scenic and recreational river land use districts, as identified on the land management maps, plates 1 to 9 in part 6105.0950, and the land use district property descriptions for Sherburne County; and
B. conform to the provisions of parts 6105.0010 to 6105.0250.
Subp. 4. Wright County.
Wright County shall enact or amend such ordinances and maps as necessary to:
A. establish a recreational river land use district, as identified on the land management maps, plates 1 to 9 in part 6105.0950, and the land use district property descriptions for Wright County; and
B. conform to the provisions of parts 6105.0010 to 6105.0250.
Subp. 5. Saint Cloud.
The municipality of Saint Cloud shall enact or amend such ordinances and maps as necessary to:
A. establish a scenic river land use district as identified on the land management maps, plate 1 in part 6105.0950, subpart 1, and the land use district property descriptions;
B. adopt the general development standards for lands within the scenic river land use district in accordance with the provisions of parts 6120.2600 to 6120.3900 and administer these provisions according to parts 6105.0220 to 6105.0250, as applicable; and
C. conform to the provisions and administrative procedures of parts 6105.0010 to 6105.0070; and 6105.0150 to 6105.0250.
Subp. 6. Clearwater, Monticello, and Elk River.
The municipalities of Clearwater, Monticello, and Elk River shall enact or amend such ordinances and maps as necessary to:
A. establish a recreational river land use district as identified on the land management maps, plates 1 to 9 in part 6105.0950 and the land use district property descriptions;
B. adopt the general development standards for land within the recreational river land use districts in accordance with the provisions of parts 6120.2600 to 6120.3900, as applicable, except that marinas shall not be allowed; and
C. conform to the provisions and administrative procedures of parts 6105.0010 to 6105.0070; and 6105.0150 to 6105.0250.
Subp. 7. Becker, Dayton, and Ramsey.
The municipalities of Becker, Dayton, and Ramsey shall enact or amend such ordinances and maps as necessary to:
A. establish a recreational river land use district as identified on the land management maps, plates 1 to 9 in part 6105.0950, and the land use district property descriptions; and
B. conform to the provisions of parts 6105.0010 to 6105.0250, except that the lot size requirements of part 6120.3300, subpart 2, item A, for natural environment waters under the statewide standards and criteria for the management of municipal shoreland areas of Minnesota shall be substituted for the lot size requirements of part 6105.0110, subpart 2, item A, subitem (3).
Subp. 8. Elk River Township.
Elk River Township, excluding the presently incorporated city of Elk River, shall be subject to parts 6105.0010 to 6105.0250 until such time as it may be consolidated and incorporated. At that time those regulations required for the city of Elk River (see subpart 6) will apply to the newly incorporated area as well. In addition, the minimum setback for any new structure shall be 100 feet rather than 75 feet.
Subp. 9. Power plants.
The Northern States Power Company Sherco and Monticello power plant sites shall be listed in the Sherburne and Wright county ordinances as permitted uses. Northern States Power Company shall work with the Department of Natural Resources in determining the most appropriate location for the development of any structures or related facilities that may be located within the scenic and recreational land use district boundary. Such development shall be consistent with all other provisions of parts 6105.0080 to 6105.0200.
Subp. 10. Land in annexation area.
The portion of the land use district which is within the orderly annexation area established by the Minnesota Municipal Board adjacent to the city of Monticello in 1972 legally described in the land use district as Government Lots 1, 2, 3 and 4 of Section 18 and Government Lots 1, 2 and 3 of Section 8, Township 121 N. Range 24 W. of Wright County, shall be governed by the recreational development standards of parts 6120.2600 to 6120.3900. The zoning authority shall also conform to the provisions of parts 6105.0010 to 6105.0070; and 6105.0150 to 6105.0250.
Subp. 11. Otsego.
The municipality of Otsego shall enact or amend such ordinances and maps as necessary to:
A. establish a recreational river land use district, as identified on the land management maps, plates 1 to 9 in part 6105.0950, and the land use district property descriptions;
B. for the recreational river land use district within Sections 10, 11, 13, 14, and 15, Township 121 North, Range 24 West and Sections 7 and 18, Township 121 North, Range 23 West, conform to the provisions of parts 6105.0010 to 6105.0250, except that minimum lot size shall be 2-1/2 acres; and
C. for the recreational river land use district west of State Highway 101 within Sections 14, 23, 26 and Government Lot 1 and the East 1/2 of the East 1/2 of the Southeast 1/4 of Section 15, Township 121 North, Range 23 West and for the recreational river land use district west of CSAH 42 in Section 26, Township 121 North, Range 23 West, conform to the provisions and administrative procedures of parts 6105.0010 to 6105.0090; 6105.0100, subparts 1 and 2; Urban river class standards in parts 6120.3100, 6120.3200, and 6120.3300, subpart 2b; 6120.3300, subparts 7 to 12; 6120.3800; and 6105.0110 to 6105.0250 with the following exceptions to the provisions of these parts:
D. for the recreational river land use district within Sections 10, 14, 15, 16, 17, 23, 25, 26, and 36, Township 121 North, Range 23 West that is not listed in item C, conform to the provisions and administrative procedures listed in item C, except minimum lot size shall be 2-1/2 acres and maximum total lot area covered by impervious surface shall be 25 percent and not subject to variability.
History
- Statutory Authority: MS s 103F.321; 104.35
- History: 18 SR 1751
Minn. R. 6105.0880 Interagency Recommendations
Subpart 1. Federal and state relations.
As authorized under Minnesota Statutes 1974, section 161.142, subdivision 4 the commissioner of transportation "...may act as agent for any other department of state, public corporation, or political subdivision of the state in accepting federal aid in their behalf for the purposes expressed in subdivisions 1 to 7." This relates to the planning, acquisition, development, maintenance, and overall administration of the Great River Road. Accordingly, it is recommended that a portion of any federal funds made available to the state of Minnesota for expenditure on the Great River Road be accepted by the commissioner of transportation, on behalf of the Department of Natural Resources, for the purposes of land acquisition related to preservation of areas adjacent to the designated recreational river and the Great River Road.
It is further recommended that any proposed development, acquisition or related action concerning the Great River Road be conducted and administered in accordance with this management plan and the provisions of parts 6105.0010 to 6105.0250.
Since the Department of Natural Resources is responsible for administering the Mississippi as a scenic and recreational river, it is recommended that the state of Minnesota, through the appropriate application process, apply for those islands presently administered by the Bureau of Land Management to be transferred to the Department of Natural Resources under the authority granted the commissioner of natural resources in Minnesota Statutes 1974, section 104.35.
The Department of Natural Resources is presently working in cooperation with the Bureau of Outdoor Recreation, U.S. Department of Interior, on their study of the Mississippi River from Itasca to Anoka for possible inclusion in the national wild and scenic rivers system. This study area includes that portion of the river from Saint Cloud to Anoka hereby designated as a state scenic and recreational river. If the entire federal study area is recommended for inclusion in the national wild and scenic rivers system it is recommended that the portion from Saint Cloud to Anoka continue to be administered by the Department of Natural Resources.
Subp. 2. Other governmental units.
Other governmental units:
A. In order to further the purposes of the Minnesota Wild and Scenic Rivers Act, it is recommended that all Department of Transportation lands within the recreational river land use districts be administered in accordance with the provisions of parts 6105.0010 to 6105.0250 and this management plan. In particular, it is stated in part 6105.0100, subpart 3, item C that public accesses within the recreational river land use district will be subject to management plan specifications and will be considered as permitted uses. Also, part 6105.0200, subpart 7 states that highway waysides shall be designed in such a manner so as to harmonize with the surroundings.
B. No Department of Natural Resources corridor trails are proposed in this management plan for the Mississippi scenic or recreational river area. Local residents and landowners may desire specific recreational trails for their area. If so, it is recommended that such trails be developed through the Department of Natural Resources' trail assistance programs. Through the department's trail assistance programs, funds for local trail development and maintenance are made available to local units of government.
C. It is recommended that the Minnesota Department of Transportation, in cooperation with the Department of Natural Resources, Governor's Trail Advisory Committee, counties, municipalities, and other agencies and groups, conduct a study to determine an appropriate route for a bicycle route paralleling the Mississippi River from the Twin Cities to Saint Cloud.
D. To help ensure that the outstanding heritage of the Mississippi River will be protected for future generations, it is recommended that the Minnesota Historical Society conduct an inventory of all historical and archaeological sites within the proposed scenic and recreational river land use districts, and recommend appropriate methods for preservation of those having outstanding historical significance.
E. It is recommended that the Minnesota Pollution Control Agency be appropriated sufficient funds to conduct ongoing analysis and monitoring of water quality information, and to allow for appropriate measures to ensure that water quality regulations and standards be maintained for the Mississippi River.
F. It is recommended that Stearns County and the city of Saint Cloud work with local groups and the Department of Natural Resources to determine the best site for location of an access to the river below the Saint Cloud Dam.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0900 Land Management Totals
Subpart 1. Land use district acreages.
Land use district acreages are as follows:
A. East Bank:
B. West Bank:
Subp. 2. Scenic easement acreages.
Scenic easement acreages are as follows:
A. East Bank:
B. West Bank:
Subp. 3. Fee title acreages.
Fee title acreages are as follows:
A. East Bank:
B. West Bank:
History
- Statutory Authority: MS s 104.34; 104.35
- History: 13 SR 38
Minn. R. 6105.0910 Land Use District Acreages
Subpart 1. T 35 N - R 31 W.
The land use district acreages for T 35 N - R 31 W in Sherburne County are as follows:
Subp. 2. T 35 N - R 30 W.
The land use district acreages for T 35 N - R 30 W in Sherburne County are as follows:
Subp. 3. T 34 N - R 30 W.
The land use district acreages for T 34 N - R 30 W in Sherburne County are as follows:
Subp. 4. T 34 N - R 29 W.
The land use district acreages for T 34 N - R 29 W in Sherburne County are as follows:
Subp. 5. T 33 N - R 29 W.
The land use district acreages for T 33 N - R 29 W in Sherburne County are as follows:
Subp. 6. T 33 N - R 28 W.
The land use district acreages for T 33 N - R 28 W in Sherburne County are as follows:
Subp. 7. T 33 N - R 27 W.
The land use district acreages for T 33 N - R 27 W in Sherburne County are as follows:
Subp. 8. T 33 N - R 26 W.
The land use district acreages for T 33 N - R 26 W in Sherburne County are as follows:
Subp. 9. T 32 N - R 28 W.
The land use district acreage for T 32 N - R 28 W in Sherburne County are as follows:
Subp. 10. T 32 N - R 27 W.
The land use district acreages for T 32 N - R 27 W in Sherburne County are as follows:
Subp. 11. T 32 N - R 26 W.
The land use district acreages for T 32 N - R 26 W in Sherburne County are as follows:
Subp. 12. T 32 N - R 25 W.
The land use district acreages for T 32 N - R 25 W in Anoka County are as follows:
Subp. 13. T 124 N - R 28 W.
The land use district acreages for T 124 N - R 28 W in Stearns County are as follows:
Subp. 14. T 123 N - R 28 W.
The land use district acreage for T 123 N - R 28 W in Stearns County is as follows:
Subp. 15. T 123 N - R 27 W.
The land use district acreages for T 123 N - R 27 W in Stearns County are as follows:
Subp. 16. T 123 N - R 27 W.
The land use district acreage for T 123 N - R 27 W in Wright County are as follows:
Subp. 17. T 122 N - R 27 W.
The land use district acreages for T 122 N - R 27 W in Wright County are as follows:
Subp. 18. T 122 N - R 26 W.
The land use district acreages for T 122 N - R 26 W in Wright County are as follows:
Subp. 19. T 122 N - R 25 W.
The land use district acreages for T 122 N - R 25 W in Wright County are as follows:
Subp. 20. T 121 N - R 25 W.
The land use district acreages for T 121 N - R 25 W in Wright County are as follows:
Subp. 21. T 121 N - R 24 W.
The land use district acreages for T 121 N - R 24 W in Wright County are as follows:
Subp. 22. T 121 N - R 23 W.
The land use district acreages for T 121 N - R 23 W in Wright County are as follows:
Subp. 23. T 121 N - R 23 W.
The land use district acreage for T 121 N - R 23 W in Hennepin County are as follows:
Subp. 24. T 121 N - R 22 W.
The land use district acreage for T 121 N - R 22 W in Hennepin County are as follows:
Subp. 25. T 120 N - R 22 W.
The land use district acreages for T 120 N - R 22 W in Hennepin County are as follows:
Subp. 26. Total acreages.
The total land use district acreages for Sherburne, Anoka, Stearns, Wright, and Hennepin Counties are as follows:
History
- Statutory Authority: MS s 104.34; 104.35
- History: 13 SR 38
Minn. R. 6105.0911 [Amendment merged into 6105.0910, 9 SR 2341]
[Amendment merged into 6105.0910, 9 SR 2341]
Minn. R. 6105.0920 Scenic Easements
Subpart 1. T 35 N - R 31 W.
The scenic easements for T 35 N - R 31 W in Sherburne County are as follows:
Subp. 2. T 35 N - R 30 W.
The scenic easements for T 35 N - R 30 W in Sherburne County are as follows:
Subp. 3. T 34 N - R 30 W.
The scenic easements for T 34 N - R 30 W in Sherburne County are as follows:
Subp. 4. T 34 N - R 30 W.
The scenic easements for T 34 N - R 30 W in Sherburne County are as follows:
Subp. 5. T 34 N - R 29 W.
The scenic easements for T 34 N - R 29 W in Sherburne County are as follows:
Subp. 6. T 33 N - R 29 W.
The scenic easements for T 33 N - R 29 W in Sherburne County are as follows:
Subp. 7. T 33 N - R 29 W.
The scenic easements for T 33 N - R 29 W in Sherburne County are as follows:
Subp. 8. T 33 N - R 28 W.
The scenic easements for T 33 N - R 28 W in Sherburne County are as follows:
Subp. 9. T 32 N - R 27 W.
The scenic easements for T 32 N - R 27 W in Sherburne County are as follows:
Subp. 10. T 33 N - R 27 W.
The scenic easements for T 33 N - R 27 W in Sherburne County are as follows:
Subp. 11. T 32 N - R 27 W.
The scenic easements for T 32 N - R 27 W in Sherburne County are as follows:
Subp. 12. T 33 N - R 27 W.
The scenic easements for T 33 N - R 27 W in Sherburne County are as follows:
Subp. 13. T 32 N - R 26 W.
The scenic easements for T 32 N - R 26 W in Sherburne County are as follows:
Subp. 14. T 32 N - R 25 W.
The scenic easements for T 32 N - R 25 W in Anoka County are as follows:
Subp. 15. T 124 N - R 28 W.
The scenic easements for T 124 N - R 28 W in Stearns County are as follows:
Subp. 16. T 123 N - R 28 W.
The scenic easements for T 123 N - R 28 W in Stearns County are as follows:
Subp. 17. T 123 N - R 27 W.
The scenic easements for T 123 N - R 27 W in Stearns County are as follows:
Subp. 18. T 122 N - R 27 W.
The scenic easements for T 122 N - R 27 W in Wright County are as follows:
Subp. 19. T 122 N - R 26 W.
The scenic easements for T 122 N - R 26 W in Wright County are as follows:
Subp. 20. T 122 N - R 25 W.
The scenic easements for T 122 N - R 25 W in Wright County are as follows:
Subp. 21. T 122 N - R 25 W.
The scenic easements for T 122 N - R 25 W in Wright County are as follows:
Subp. 22. T 121 N - R 24 W.
The scenic easements for T 121 N - R 24 W in Wright County are as follows:
Subp. 23. T 121 N - R 23 W.
The scenic easements for T 121 N - R 23 W in Wright County are as follows:
Subp. 24. T 120 N - R 22 W.
The scenic easements for T 120 N - R 22 W in Hennepin County are as follows:
Subp. 25. Total acreages.
The total scenic easement district acreages for Sherburne, Anoka, Stearns, Wright, and Hennepin Counties are as follows:
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0930 Fee Acquisitions
Subpart 1. T 35 N - R 31 W.
The fee acquisitions for T 35 N - R 31 W in Sherburne County are as follows:
Subp. 2. T 33 N - R 29 W.
The fee acquisitions for T 33 N - R 29 W in Sherburne County are as follows:
Subp. 3. T 33 N - R 26 W.
The fee acquisitions for T 33 N - R 26 W in Sherburne County are as follows:
Subp. 4. T 32 N - R 27 W.
The fee acquisitions for T 32 N - R 27 W in Sherburne County are as follows:
Subp. 5. T 32 N - R 26 W.
The fee acquisitions for T 32 N - R 26 W in Sherburne County are as follows:
Subp. 6. T 32 N - R 25 W.
The fee acquisitions for T 32 N - R 25 W in Anoka County are as follows:
Subp. 7. T 124 N - R 28 W.
The fee acquisitions for T 124 N - R 28 W in Stearns County are as follows:
Subp. 8. T 123 N - R 27 W.
The fee acquisitions for T 123 N - R 27 W in Stearns County are as follows:
Subp. 9. T 121 N - R 24 W.
The fee acquisitions for T 121 N - R 24 W in Wright County are as follows:
Subp. 10. T 121 N - R 23 W.
The fee acquisitions for T 121 N - R 23 W in Wright County are as follows:
Subp. 11. T 121 N - R 22 W.
The fee acquisitions for T 121 N - R 22 W in Hennepin County are as follows:
Subp. 12. T 120 N - R 22 W.
The fee acquisitions for T 120 N - R 22 W in Hennepin County are as follows:
Subp. 13. Totals.
The total fee acquisitions for properties described in subparts 1 to 12 for Sherburne, Anoka, Stearns, Wright, and Hennepin Counties are as follows:
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0940 Sites Typical
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0950 Land Management Maps
Subpart 1. Plate 1.
Subp. 2. Plate 2.
Subp. 3. Plate 3.
Subp. 4. Plate 4.
Subp. 5. Plate 5.
Subp. 6. Plate 6.
Subp. 7. Plate 7.
Subp. 8. Plate 8.
Subp. 9. Plate 9.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.0960 Recreation Management Maps
Subpart 1. Plate 1.
Subp. 2. Plate 2.
Subp. 3. Plate 3.
Subp. 4. Plate 4.
Subp. 5. Plate 5.
Subp. 6. Plate 6.
Subp. 7. Plate 7.
Subp. 8. Plate 8.
Subp. 9. Plate 9.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1000 Designation of River
That portion of the north fork of the Crow River from the spillway at the southern end of Lake Koronis to the Meeker-Wright County line, located entirely within Meeker County, is designated a component of the Minnesota wild and scenic rivers system.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1010 Statutory Authority
This designation is made by the commissioner of the Department of Natural Resources pursuant to the authority of the Minnesota Wild and Scenic Rivers Act, Minnesota Statutes 1974, sections 104.31 to 104.40.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1020 Scope
The designation and parts 6105.1000 to 6105.1130 apply to the river and the adjacent lands indicated in the property descriptions for the land use district.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1030 Classification: Recreational River
That portion of the north fork of the Crow River in Meeker County from the spillway at the southern end of Lake Koronis to the Meeker-Wright County line, is classified as recreational, in accordance with provisions of Minnesota Statutes, sections 103F.311, subdivision 4, and 103F.315, subdivision 2, and part 6105.0060.
History
- Statutory Authority: MS s 104.35; 103F.325
Minn. R. 6105.1040 Land Use Management
Subpart 1. Adoption of land use district.
The commissioner of the Department of Natural Resources hereby adopts the recreational river land use districts as identified in the land use district property descriptions. The land use district was derived in accordance with part 6105.0070, subpart 2, item B.
A. The regulations contained in parts 6105.0010 to 6105.0250 and this management plan shall be applicable to all lands which are unincorporated at the time of designation within the recreational river land use district.
B. The land use regulations contained in parts 6120.2600 to 6120.3900 and this management plan shall be applied to all incorporated lands, and shall be administered in conformity with the provisions of parts 6105.0220 to 6105.0250, as applicable.
C. All existing local ordinances and regulations, as adopted in accordance with parts 6120.0200 to 6120.2100, which are more protective than those in parts 6105.0010 to 6105.0250 shall continue to apply within the entire land use district, as applicable.
Subp. 2. Building height.
The maximum building height restriction contained in part 6105.0110, subpart 3, item D, shall not apply to buildings used primarily for agricultural purposes.
Subp. 3. Grading and filling.
The grading and filling provisions shall be enforced by local ordinance, which shall require a grading and filling permit. Filling or drainage of federally determined type III-V wetlands (in accordance with U.S. Department of Interior circular No. 39) shall not be allowed within the land use district. A map showing the location and classification of these wetlands shall be provided to the local authority by the commissioner of the Department of Natural Resources.
Subp. 4. Clear cutting of vegetation.
Clear cutting of vegetation, in accordance with part 6105.0150, shall not be allowed within 200 feet of the normal high water mark, in order to correspond with the existing structural setback.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1050 Land Acquisition
Subpart 1. Scenic areas.
The commissioner of the Department of Natural Resources hereby adopts the scenic areas, as identified in the scenic areas property descriptions, as priority areas for land or land interest acquisition.
A. All lands shown as scenic areas are recommended for scenic easement acquisition. However, in those areas where recreational sites are needed, fee title to the lands may be acquired, when possible.
B. Because acquisition of land, or interests in land, is from willing sellers, at the appraised value, some lands shown as scenic areas and not needed for recreational sites may be purchased in fee title. Purchase of fee title to lands would be based on an agreement between the state of Minnesota and the landowner(s).
C. Other forms of acquisition, such as use easements or leases, may be used to acquire land interests in the scenic areas if considered feasible or necessary by the commissioner of the Department of Natural Resources.
Subp. 2. Purchase of lands.
Lands, or interests in land, other than those identified as scenic areas, may be purchased in order to further the policies established in the Wild and Scenic Rivers Act and the management plan.
Subp. 3. Funds.
The lands or interests in land recommended to be acquired in this plan will be acquired where funds are available for such purchases from willing sellers, as provided for in Minnesota Statutes, section 103F.331.
Subp. 4. Land exchanges.
Land exchange will be expedited, wherever feasible, in order to acquire lands within the land use district boundaries. These exchanges will be expedited in the manner described by state law. However, land exchanges will not be recommended if such exchanges would adversely affect other Department of Natural Resources management programs.
History
- Statutory Authority: MS s 104.35; 103F.325
Minn. R. 6105.1060 Recreation Management
Subpart 1. Policy.
As provided for in this management plan, the recreation management policy is to provide for the orderly use of public lands and waters within the recreational river land use district. The development of selected land and river-oriented recreational facilities and the maintenance to these could help protect the rights of private landowners, ensure quietude, prohibit trespassing, and maintain the essential quality of wild and scenic river land use districts as provided in part 6105.0210.
Subp. 2. Design specifications.
As provided for in part 6105.0100, subpart 3 and the management plan, development of public or private recreational facilities within the recreational river land use district shall conform to the design specification guidelines shown in this plan.
Subp. 3. Camping.
No public river-oriented camping facilities will be provided in close proximity to private recreational developments which are designed to meet this need.
Subp. 4. Regulation of use.
The recreational use of the north fork of the Crow recreational river and adjacent state lands will be regulated where necessary to ensure that the use does not adversely affect the values for which the river qualified for designation.
Subp. 5. Management maps.
The commissioner of the Department of Natural Resources adopts the recreation management maps for the protection, recreational use, and management of public lands or interests in land, for the north fork of the Crow recreational river and its adjacent lands within the recreational river land use district. The locations, types, and number of sites shown on the recreation management map are recommendations.
Subp. 6. Funds.
The Division of Parks and Recreation shall allocate funds for maintenance of the Department of Natural Resources' recreational facilities within the north fork of the Crow recreational river area from the department's river development and maintenance account.
Subp. 7. Division of responsibilities.
The DNR's Division of Enforcement shall enter into discussions with the local units of government concerning delineation of responsibilities for enforcement of applicable wild, scenic, and recreational river regulations.
Subp. 8. Snowmobile trails.
Additional public snowmobile trails may be established within the land use district, when developed in cooperation with the Department of Natural Resources.
Subp. 9. New recreational facilities.
Development of any new recreational facilities (other than those shown on the recreation management map) by the DNR shall be done only if assurances can be made that these facilities, and any increased use caused by them, will not adversely affect the quality of the river. Local authorities shall be consulted prior to future development of recreational facilities by the DNR.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1070 Administration of Management Plan
Subpart 1. Meeker County.
Meeker County shall enact or amend such ordinances and maps as necessary to:
A. establish the recreational river land use district identified in the land use district property descriptions as given in this management plan; and
B. conform to the provisions of parts 6105.0010 to 6105.0250 and this management plan, as applicable.
Subp. 2. Kingston.
The municipality of Kingston shall enact or amend such ordinances and maps as necessary to:
A. establish the recreational river land use district as delineated for its jurisdiction in the land use district property descriptions; and
B. conform to the provisions of parts 6120.2600 to 6120.3900 within the land use district, and administer these provisions according to parts 6105.0210 to 6105.0250, as applicable.
Subp. 3. More protective restrictions.
Meeker County, or its subdivisions, shall retain any existing regulations (adopted in accordance with parts 6120.0200 to 6120.2100) which are more protective than parts 6105.0010 to 6105.0250, and may adopt other more protective regulations as they deem appropriate.
Subp. 4. Departmental assistance.
The Department of Natural Resources shall assist the local units of government in the implementation of parts 6105.0010 to 6105.0250 and this management plan, in accordance with the provisions of Minnesota Statutes 1974, section 104.36, subdivision 2. The Department of Natural Resources shall delineate the land use district boundaries on the appropriate zoning maps, for the affected local units of government.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1080 Recommendations for Cooperation with Governmental Units
Recommendations:
A. It is recommended that Meeker County work with the board of supervisors of the Soil and Water Conservation District in setting criteria for the use of Natural Resources Conservation Service technical assistance for evaluating grading and filling permit requests relating to part 6105.0160, grading and filling provisions.
B. It is recommended that the Meeker County Highway Department and the Minnesota Department of Transportation cooperate with the Minnesota Department of Natural Resources by placing no parking signs along any bridge crossing rights-of-way that are determined to be inadequate or dangerous as river access points.
C. It is recommended that the Meeker County Park Board complete development of lands it owns along the management area. DNR assistance will be provided for development, where appropriate.
D. It is recommended that the State Planning Agency, Office of Local and Urban Affairs, give priority to any local funding to requests for fee title acquisition of land for recreational sites within the management area consistent with the goals of the State Comprehensive Outdoor Recreation Plan (SCORP).
E. No Department of Natural Resources corridor trails are proposed in this management plan for the Crow River area. Local residents and landowners may desire specific trails. If so, it is recommended that such trails be developed through DNR's trail assistance programs, which make funds for trail development and maintenance available to local units of government, and private clubs and organizations.
F. To ensure that the historical heritage of the Crow River will be protected for the enjoyment of present and future generations, it is recommended that the Minnesota Historical Society consider the feasibility of conducting a study of historical and archaeological sites within the management area.
G. It is recommended that any recreational facilities, other than those shown on the recreation management map, be developed by local units of government, to ensure that maximum local input is obtained.
History
- Statutory Authority: MS s 104.35
- History: L 2015 c 21 art 1 s 109
Minn. R. 6105.1090 Land Use District Acreage Per River Mile
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1100 Property Descriptions: Land Use District
Subpart 1. Land use districts.
Subparts 2 to 6 contain the land use district property descriptions for areas in which land use provisions apply, starting from Lake Koronis.
Subp. 2. T 121 N - R 32 W.
The property descriptions for land use districts for T 121 N - R 32 W are as follows:
Subp. 3. T 121 N - R 31 W.
The property descriptions for land use districts for T 121 N - R 31 W are as follows:
Subp. 4. T 120 N - R 31 W.
The property descriptions for land use districts for T 120 N - R 31 W are as follows:
Subp. 5. T 120 N - R 30 W.
The property descriptions for land use districts for T 120 N - R 30 W are as follows:
Subp. 6. T 120 N - R 29 W.
The property descriptions for land use districts for T 120 N - R 29 W are as follows:
Subp. 7. Total acreage.
The total acreage for the land use district properties described in subparts 2 to 6 is 11,519.02 acres.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1110 Property Descriptions: Scenic Areas
Subpart 1. Scenic area property descriptions.
Subparts 2 to 7 contain the scenic areas property descriptions for priority areas for land or land interest acquisition from willing sellers starting from Lake Koronis.
Subp. 2. T 121 N - R 32 W.
The property descriptions for scenic areas for T 121 N - R 32 W are as follows:
Subp. 3. T 121 N - R 31 W.
The property descriptions for scenic areas for T 121 N - R 31 W are as follows:
Subp. 4. T 120 N - R 31 W.
The property descriptions for scenic areas for T 120 N - R 31 W are as follows:
Subp. 5. T 120 N - R 30 W.
The property descriptions for scenic areas for T 120 N - R 30 W are as follows:
Subp. 6. T 120 N - R 29 W.
The property descriptions for scenic areas for T 120 N - R 29 W are as follows:
Subp. 7. Total acreage.
The total acreage for the scenic areas described in subparts 2 to 6 is 2,671.20.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1120 Crow River Recreation Management Plan
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1130 Sites Typical
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1200 Designation of River
That portion of the Minnesota River from the Lac qui Parle Dam to the Redwood County State-Aid Highway 11 bridge near Franklin is designated a component of the Minnesota wild and scenic rivers system.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1210 Statutory Authority
This designation is made by the commissioner of natural resources pursuant to the authority of the Minnesota Wild and Scenic Rivers Act, Minnesota Statutes 1974, sections 104.31 to 104.40.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1220 Scope
The designation and parts 6105.1200 to 6105.1370 apply to the river and the adjacent lands indicated by the land use district descriptions. The land use district boundaries were delineated in accordance with part 6105.0070, subpart 2, item B.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1230 Severability
The provisions of these rules shall be severable, and the invalidity of any paragraph, subparagraph, or subdivision thereof shall not make void any other paragraph, subparagraph, subdivision, or any other part.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1240 Stipulation
The commissioner of the Department of Natural Resources will not request the inclusion of that portion of the Minnesota River from the Lac qui Parle Dam to the Redwood County State-Aid Highway 11 bridge near Franklin into the federal wild and scenic rivers system without the consent of the county board of commissioners of Lac qui Parle, Chippewa, Yellow Medicine, Redwood, and Renville Counties.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1250 River Classifications
River classifications:
A. That portion of the Minnesota River and adjacent lands from the Lac qui Parle Dam to the U.S. Highway 212 bridge in the corporate limits of Montevideo is classified as scenic.
B. That portion of the Minnesota River and adjacent lands from the U.S. Highway 212 bridge in the corporate limits of Montevideo to the Great Lakes Pipeline one-quarter mile downstream of the Minnesota Falls Dam is classified as recreational.
C. That portion of the Minnesota River and adjacent lands from the Great Lakes Pipeline one-quarter mile downstream of the Minnesota Falls Dam to the Redwood County State-Aid Highway 11 bridge is classified as scenic. These classifications are made in accordance with the provisions of Minnesota Statutes, sections 103F.311, subdivisions 3, 4, 7, and 9, and 103F.315, subdivision 2; and part 6105.0060.
History
- Statutory Authority: MS s 104.35; 103F.325
Minn. R. 6105.1260 Land Management; Zoning
Subpart 1. County ordinances.
The counties of Lac qui Parle, Chippewa, Yellow Medicine, Renville, and Redwood shall each enact or amend such ordinances and maps as necessary to:
A. establish scenic and recreational river land use districts as applicable according to part 6105.1250, to include the lands identified by the land use district descriptions; and
B. conform to the provisions of parts 6105.0010 to 6105.0250 except for extraction of sand and gravel which shall continue to be a conditional use under the regulatory discretion of local governments.
Subp. 2. Municipality ordinances.
The municipalities of Montevideo, Granite Falls, North Redwood, and Morton shall enact or amend such ordinances and maps as necessary to:
A. establish scenic and recreational river land use districts as applicable according to part 6105.1250 to include the lands identified by the land use district descriptions;
B. conform to the use, dimensional, and sanitary provisions of the recreational development classification of parts 6120.3100; 6120.3300, subparts 2, 3, 5, and 6; 6120.3400; and the provisions of parts 6105.0130 to 6105.0190 and 6105.0210 to 6105.0250; and
C. the vegetative cutting provisions of part 6105.0150 shall conform to the structural setback pattern specified in parts 6120.3100 to 6100.3800.
Subp. 3. Transferred land.
If land is annexed, incorporated, or in any other way transferred to another jurisdiction, a moratorium shall exist on all construction, grading and filling, and vegetative cutting until the newly responsible unit of government adopts zoning for that land. The zoning shall meet the provisions of this management plan which applied to the land before the transfer. This provision does not apply to work for which lawful permits were previously issued.
Subp. 4. More protective rules.
All local ordinances and regulations which are more protective than those required to be adopted by this management plan may be continued.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1270 Land Acquisition
Subpart 1. Acquisition funds.
The lands or interests in land recommended to be acquired in this plan will be acquired when funds are available for such purchases from willing sellers, as provided for in Minnesota Statutes 1974, section 104.37.
A. Fee title acquisition is recommended in those areas where recreational sites are needed. These areas are identified in the fee title descriptions.
B. Scenic easement acquisition is recommended in those areas having outstanding scenic or natural characteristics as identified in the scenic easement descriptions.
C. Because fee title acquisition or scenic easement acquisition is from willing sellers at the appraised market value, some lands recommended for scenic easement acquisition may be purchased in fee title. Some lands recommended for fee title acquisition may be purchased in scenic easement. This change from the recommended acquisition would be based on the mutual agreement by and between the state of Minnesota and the landowner(s).
Subp. 2. Other forms of acquisition.
Other forms of acquisition, such as use easements or leases, may be used to acquire interests in lands within the land use districts.
Subp. 3. Land exchange.
Land will be exchanged, whenever feasible, to acquire lands within the land use districts. These exchanges will be done in the manner prescribed by state law. However, land exchanges will not be recommended if such exchanges would adversely affect this or any other Department of Natural Resources management program.
Subp. 4. Additional lands or interests.
Additional lands or interests in land may be purchased within the land use districts from willing sellers to further the policies established in Minnesota Statutes, section 103F.305, and this management plan.
Subp. 5. Eminent domain authority.
Land acquisition authority contained in this subpart is promulgated under Minnesota Statutes 1974, section 104.37, which does not give the commissioner of the Department of Natural Resources eminent domain authority within the river land use districts. If in the future, eminent domain authority is granted as a method of land acquisition under Minnesota Statutes, section 103F.331, it shall not be utilized in the river land use districts without explicit repromulgation or amendment of this rule. This provision does not apply when the commissioner of the Department of Natural Resources is ordered by the legislature to use eminent domain authority within the river land use districts.
History
- Statutory Authority: MS s 104.35; 103F.325
Minn. R. 6105.1280 Recreation Management
Subpart 1. Policy.
Recreation management in the scenic and recreational river land use districts shall conform to the policies and provisions of part 6105.0210.
Subp. 2. Design specifications.
As provided for in part 6105.0100 and the management plan, the development of public or private recreational facilities within the scenic and recreational river land use districts shall conform to the design specification guidelines as shown on the recreational site typicals with the addition of a gate to the service trail for primitive campsites.
Subp. 3. Camping.
No Department of Natural Resources river-oriented camping facilities will be provided close to private river-oriented camping facilities which are designed to serve the same needs.
Subp. 4. Regulated use.
The recreational use of the Minnesota scenic and recreational river and adjacent public lands will be regulated where necessary to ensure that the use does not adversely affect the values which qualified the river for designation.
Subp. 5. Snowmobiling.
Snowmobiling in the land use district will be allowed: on private lands only with permission from appropriate landowners; on trails specifically designated for snowmobiling in state parks, or designated by local governments or the legislature.
Subp. 6. Purchase of land.
On areas which are not presently publicly owned, some type of land interest must be purchased before lands are available for public use.
Subp. 7. Funds.
The Division of Parks and Recreation shall allocate funds for the maintenance of Department of Natural Resources recreational facilities within the Minnesota River land use districts from the department's river development and maintenance account.
Subp. 8. Priority areas for recreational development.
Priority areas for recreational development are shown:
A. in the fee title descriptions on land which is not presently publicly owned;
B. on publicly owned lands:
Subp. 9. Distribution of responsibilities.
The department's Enforcement Division shall enter into discussions with the local units of government concerning the delineation of responsibilities for the enforcement of applicable wild, scenic, and recreational river regulations. The Enforcement Division shall extend sufficient effort to meet enforcement responsibilities in the Minnesota River land use districts.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1290 Land Use District Descriptions and Acreages
Subpart 1. General.
All acreages shown in the land use district section are from the original government survey. Because of certain apparent deficiencies in the survey, a grid system was used to ensure that no river mile exceeds 320 acres.
The following abbreviations are used in the land use descriptions in subparts 2 to 18.
A. (C) = Chippewa County;
B. (YM) = Yellow Medicine County;
C. (RED) = Redwood County;
D. (REN) = Renville County; and
E. (LQP) = Lac qui Parle County.
Subp. 2. T 118 N - R 42 W.
The land use district descriptions and acreages for T 118 N - R 42 W are as follows:
Subp. 3. T 118 N - R 41 W.
The land use district descriptions and acreages for T 118 N - R 41 W are as follows:
Subp. 4. T 117 N - R 41 W.
The land use district descriptions and acreages for T 117 N - R 41 W are as follows:
Subp. 5. T 117 N - R 40 W.
The land use district descriptions and acreages for T 117 N - R 40 W are as follows:
Subp. 6. T 116 N - R 40 W.
The land use district descriptions and acreages for T 116 N - R 40 W are as follows:
Subp. 7. T 116 N - R 39 W.
The land use district descriptions and acreages for T 116 N - R 39 W are as follows:
Subp. 8. T 116 N - R 39 W.
The land use district descriptions and acreages for T 116 N - R 39 W are as follows:
Subp. 9. T 115 N - R 39 W.
The land use district descriptions and acreages for T 115 N - R 39 W are as follows:
Subp. 10. T 115 N - R 38 W.
The land use district descriptions and acreages for T 115 N - R 38 W are as follows:
Subp. 11. T 114 N - R 38 W.
The land use district descriptions and acreages for T 114 N - R 38 W are as follows:
Subp. 12. T 114 N - R 37 W.
The land use district descriptions and acreages for T 114 N - R 37 W are as follows:
Subp. 13. T 114 N - R 36 W.
The land use district descriptions and acreages for T 114 N - R 36 W are as follows:
Subp. 14. T 113 N - R 36 W.
The land use district descriptions and acreages for T 113 N - R 36 W are as follows:
Subp. 15. T 113 N - R 35 W.
The land use district descriptions and acreages for T 113 N - R 35 W are as follows:
Subp. 16. T 113 N - R 34 W.
The land use district descriptions and acreages for T 113 N - R 34 W are as follows:
Subp. 17. T 112 N - R 35 W.
The land use district descriptions and acreage for T 112 N - R 35 W are as follows:
Subp. 18. T 112 N - R 34 W.
The land use district descriptions and acreages for T 112 N - R 34 W are as follows:
Subp. 19. Total.
The total acreage for the descriptions contained in subparts 2 to 18 is 22,249.75 acres.
History
- Statutory Authority: MS s 104.34; 104.35
- History: 11 SR 454
Minn. R. 6105.1291 [Amendment merged into 6105.1290, 11 SR 454]
[Amendment merged into 6105.1290, 11 SR 454]
Minn. R. 6105.1300 Scenic Easement Descriptions and Acreages
Subpart 1. General.
Scenic easement acreages are based on the original government land office survey. Certain acreages, however, have been estimated because of an apparent conflict with the survey. These estimates are denoted by an asterisk (*).
Subp. 2. T 118 N - R 42 W.
The scenic easement descriptions and acreages for T 118 N - R 42 W in Lac Qui Parle County are as follows:
Subp. 3. T 118 N - R 41 W.
The scenic easement descriptions and acreages for T 118 N - R 41 W in Lac Qui Parle County are as follows:
Subp. 4. T 117 N - R 41 W.
The scenic easement descriptions and acreages for T 117 N - R 41 W in Lac Qui Parle County are as follows:
Subp. 5. T 117 N - R 40 W.
The scenic easement descriptions and acreages for T 117 N - R 40 W in Yellow Medicine County are as follows:
Subp. 6. T 116 N - R 40 W.
The scenic easement descriptions and acreages for T 116 N - R 40 W in Yellow Medicine County are as follows:
Subp. 7. T 115 N - R 38 W.
The scenic easement descriptions and acreages for T 115 N - R 38 W in Yellow Medicine County are as follows:
Subp. 8. T 114 N - R 38 W.
The scenic easement descriptions and acreages for T 114 N - R 38 W in Yellow Medicine County are as follows:
Subp. 9. T 118 N - R 42 W.
The scenic easement descriptions and acreages for T 118 N - R 42 W in Chippewa County are as follows:
Subp. 10. T 118 N - R 41 W.
The scenic easement descriptions and acreages for T 118 N - R 41 W in Chippewa County are as follows:
Subp. 11. T 117 N - R 41 W.
The scenic easement descriptions and acreages for T 117 N - R 41 W in Chippewa County are as follows:
Subp. 12. T 117 N - R 40 W.
The scenic easement descriptions and acreages for T 117 N - R 40 W in Chippewa County are as follows:
Subp. 13. T 116 N - R 40 W.
The scenic easement descriptions and acreages for T 116 N - R 40 W in Chippewa County are as follows:
Subp. 14. T 116 N - R 39 W.
The scenic easement descriptions and acreages for T 116 N - R 39 W in Chippewa County are as follows:
Subp. 15. T 115 N - R 39 W.
The scenic easement descriptions and acreages for T 115 N - R 39 W in Chippewa County are as follows:
Subp. 16. T 114 N - R 39 W.
The scenic easement descriptions and acreages for T 114 N - R 39 W in Renville County are as follows:
Subp. 17. T 114 N - R 37 W.
The scenic easement descriptions and acreages for T 114 N - R 37 W in Renville County are as follows:
Subp. 18. T 114 N - R 36 W.
The scenic easement descriptions and acreages for T 114 N - R 36 W in Renville County are as follows:
Subp. 19. T 113 N - R 36 W.
The scenic easement descriptions and acreages for T 113 N - R 36 W in Renville County are as follows:
Subp. 20. T 113 N - R 35 W.
The scenic easement descriptions and acreages for T 113 N - R 35 W in Renville County are as follows:
Subp. 21. T 112 N - R 34 W.
The scenic easement descriptions and acreages for T 112 N - R 34 W in Renville County are as follows:
Subp. 22. T 114 N - R 37 W.
The scenic easement descriptions and acreages for T 114 N - R 37 W in Redwood County are as follows:
Subp. 23. T 114 N - R 36 W.
The scenic easement descriptions and acreages for T 114 N - R 36 W in Redwood County are as follows:
Subp. 24. T 113 N - R 35 W.
The scenic easement descriptions and acreages for T 113 N - R 35 W in Redwood County are as follows:
Subp. 25. T 112 N - R 34 W.
The scenic easement descriptions and acreages for T 112 N - R 34 W in Redwood County are as follows:
Subp. 26. Totals.
The total scenic easement acreage described in subparts 1 to 25 for Lac Qui Parle, Yellow Medicine, Chippewa, Renville, and Redwood Counties is as follows:
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1310 Fee Title Descriptions and Acreages
Subpart 1. General.
Fee title acreages are based on the original government land office survey. Certain acreages, however, have been estimated because of an apparent conflict with the survey. These estimates are denoted by an asterisk (*).
Subp. 2. T 117 N - R 41 W.
The fee title descriptions and acreages for T 117 N - R 41 W in Lac qui Parle County are as follows:
Subp. 3. T 116 N - R 40 W.
The fee title descriptions and acreages for T 116 N - R 40 W in Yellow Medicine County are as follows:
Subp. 4. T 116 N - R 39 W.
The fee title descriptions and acreages for T 116 N - R 39 W in Yellow Medicine County are as follows:
Subp. 5. T 115 N - R 39 W.
The fee title descriptions and acreages for T 115 N - R 39 W in Yellow Medicine County are as follows:
Subp. 6. T 113 N - R 35 W.
The fee title descriptions and acreages for T 113 N - R 35 W in Redwood County are as follows:
Subp. 7. T 114 N - R 37 W.
The fee title descriptions and acreages for T 114 N - R 37 W in Renville County are as follows:
Subp. 8. Totals.
The total fee title descriptions and acreages for Lac qui Parle, Yellow Medicine, Redwood, and Renville Counties are as follows:
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1320 Primitive Campsite
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1330 Rest Area
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1340 Boat Access
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1350 Canoe Access
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1360 Campground
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1370 Trail Design
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1400 Designation of River
That portion of the Rum River from the Ogechie Lake spillway to a line crossing the river between the center lines of Rice Street and Madison Street in the city of Anoka is hereby designated a component of the Minnesota wild, scenic, and recreational rivers system.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1410 Statutory Authority
This designation is made by the commissioner of the Department of Natural Resources pursuant to the authority of the Minnesota Wild and Scenic Rivers Act, Minnesota Statutes, sections 103F.301 to 103F.345.
History
- Statutory Authority: MS s 104.35; 103F.325
Minn. R. 6105.1420 Scope
The designation and parts 6105.1400 to 6105.1500 apply to the river and the adjacent lands as provided for in the land use district descriptions, in part 6105.1480.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1430 Classification of River
Classification:
A. That portion of the Rum River and adjacent lands (excluding the shoreland of Shakopee Lake), from the Ogechie Lake spillway to the river's northernmost confluence with Lake Onamia is classified wild.
B. Those portions of the Rum River and adjacent lands from the Mille Lacs CSAH 20 bridge to the Mille Lacs CSAH 9 bridge, and from the Mille Lacs CSAH 13 bridge to the T 31 N -- T 32 N line on the southern border of the Anoka County Fairgrounds in the city of Anoka, are classified scenic.
C. Those portions of the Rum River and adjacent lands from the State Highway 27 bridge in Onamia to the Mille Lacs CSAH 20 bridge, from the Mille Lacs CSAH 9 bridge to the Mille Lacs CSAH 13 bridge, and from the T 31 N -- T 32 N line on the southern border of the Anoka County Fairgrounds in the city of Anoka to a line crossing the river between the center lines of Madison Street and Rice Street are classified recreational, in accordance with the provisions of Minnesota Statutes, sections 103F.311, subdivision 4, and 103F.315, subdivision 2, and part 6105.0060.
History
- Statutory Authority: MS s 104.35; 103F.325
Minn. R. 6105.1440 Land Use Management
Subpart 1. Adoption of land use districts.
The commissioner of the Department of Natural Resources hereby adopts the wild, scenic, and recreational land use districts as identified in the land use district descriptions in part 6105.1480. The land use districts were derived in accordance with part 6105.0070, subpart 2, item B.
A. Parts 6105.0010 to 6105.0250 shall apply to all lands in the wild, scenic, and recreational land use districts, except as specified in subpart 4, item G.
B. If land is annexed, incorporated, or in any other way transferred to another jurisdiction, a moratorium shall exist on all construction, grading and filling, and vegetative cutting until the newly responsible unit of government adopts zoning for that land. The zoning shall meet the provisions of this management plan which applied to the land before the transfer. This provision does not apply to work for which lawful permits were previously issued.
Subp. 2. Tributaries.
Parts 6105.0110, subpart 3, item B, subitem (3); 6105.0120; and 6105.0150, subpart 1 specify regulations concerning designated tributaries. Designated tributaries along the Rum River shall be:
A. Bradbury Brook;
B. Tibbetts Brook;
C. Vandell Brook;
D. Bogus Brook;
E. West Branch of Rum River;
F. Spencer Brook;
G. Green Lake Brook;
H. Stanchfield Creek;
I. Lower Stanchfield Brook;
J. Isanti Brook;
K. Seelye Brook;
L. Cedar Creek; and
M. Trott Brook.
Subp. 3. Grading and filling.
The grading and filling provision, part 6105.0160, shall be enforced by local ordinance which shall require a grading and filling permit.
Subp. 4. Modifications of other rules.
Certain provisions of parts 6105.0010 to 6105.0250 are modified for purposes of the management plan, as follows:
A. Because of the erosive nature of soils along much of the Rum River, part 6105.0110, subpart 3, item C is modified to read: Structures shall not be located on slopes greater than 12 percent, unless such structures are screened from the river view with natural vegetation where practicable, the sanitary provisions of this plan are complied with, and the building permit applicant can prove to the local zoning authority that any potential erosion or sedimentation problems related to locating a structure either do not exist or that adequate measures will be taken to prevent any of these problems through special construction methods.
B. Because of land forms and high groundwater levels encountered on lands adjacent to much of the Rum River and to help further the enforcement of Minnesota Department of Health and Minnesota Pollution Control Agency (PCA) standards relating to on-site sewage disposal systems, parts 6105.0120 and 6120.3400 are modified by adding a new subdivision reading: Local units of government shall require that both percolation-rate tests and soils boring tests be done on any proposed sites prior to approval of an on-site sewage disposal system installation permit. When new on-site sewage disposal system standards are officially adopted by the PCA, those standards shall take precedence over those of this program.
C. Because of land forms and high groundwater levels found along the Rum River and to further the enforcement of the sanitary provisions and the subdivision regulations, parts 6105.0140 and 6120.3500 to 6120.3800 are modified by adding the following sentence to these regulations: No plat or subdivision within the land use district shall be approved by a local unit of government until the applicant for the plat or subdivision has proven to the local zoning authority, through the methods described in item B as modified in this plan that every newly platted lot found within the land use district has adequate area and a suitable location for the installation of a conforming septic tank and soil absorption system.
D. Because of the large number of existing plats along some sections of the Rum River, part 6105.0110, subpart 1, is clarified by replacing the final phrase, "or to the greatest extent practicable," with this clause: "except that such lots which meet or exceed 60 percent or more of the lot width standards of these regulations may be considered as a separate parcel of land for the purpose of sale or development, if on-site sewage disposal systems can be installed so as to comply with these regulations." This provision shall also apply in urban areas.
E. Because parts 6105.0080 to 6105.0200 provides neither the necessary flexibility nor the control over the great recreational development potential of the Rum River, the table of land use district uses in part 6105.0100, subpart 3 is modified so that the uses specified in part 6105.0100, subpart 3, items A, B, C, D, F, and G are amended by adding to their descriptions the following phrase: "and approval by the commissioner of natural resources." This provision shall also apply in urban areas but shall not apply to the areas and facilities noted in part 6105.1460, subpart 4.
F. Because agricultural uses are permitted in the land use district area and because of the preexistence of agricultural buildings along most of the Rum River's adjacent lands, the maximum building height restriction contained in part 6105.0110, subpart 3, item D shall not apply to buildings used primarily for agriculture purposes.
G. Because some areas along the Rum River have been considerably developed, have or soon will have public sewer and water available, and because the Wild and Scenic Rivers Act states that management plans shall be prepared "with no unreasonable restrictions upon compatible, preexisting, economic uses of particular tracts of land ...", the following areas are exempted from the provisions of part 6105.1440, subpart 1, item A. Within the boundaries of the municipalities, at the time of designation, of Onamia, Milaca, Princeton, Cambridge, Isanti, Anoka, Saint Francis (that portion located in the S 1/2 of Section 29, T34N-R24W, west of river only; Section 32, T34N-R24W; and the N 1/2 of Section 5, T33N-R24W) and Ramsey (that portion located in the S 1/2 Section 19, T32N-R24W; and Sections 25, 36, plus the S 1/2 of Section 24, T32N-R23W). These areas shall be considered urban areas and the following regulations shall apply within the wild, scenic, or recreational land use districts of these areas, regardless of the classification of the river, as follows: parts 6105.0010 to 6105.0070; 6105.0100, subpart 3, items A, B, C, D, F, and G; and 6105.0150 (within the building setback areas required in urban areas); parts 6105.0160, subparts 1, 2, and 4; 6105.0190; 6105.0200; part 6105.0210; parts 6105.0220 to 6105.0250; part 6120.2500 (where certain terms are not defined in parts 6105.0010 to 6105.0070); parts 6120.3100 and 6120.3200; part 6120.3300, subparts 2 and 3 (For recreational development waters); part 6120.3300, subpart 4, item C; part 6120.3300, subpart 5; part 6120.3400 (For recreational development waters); parts 6120.3500 and 6120.3800; and 6120.3900, subparts 2 and 4.
Subp. 5. Bridges.
The proposed bridges across the Rum River located at about Section 25, T 32 N-R 25 W and at about Sections 13 and 24, T 32 N-R 25 W (also referred to as the Anoka County Road No. 20 and No. 57 bridge proposals) and the three proposed bridge crossings for U.S. Highway No. 169 in Mille Lacs County shall be considered preexisting uses of riverside lands, because they have been included in existing long-range thoroughfare plans for the area or environmental impact statements have been finalized. However, any development of these bridges shall comply with the construction and permit requirements of parts 6105.0190 and 6105.0200. In addition, reconstruction, replacement, or upgrading of existing bridge crossings shall be considered in compliance with the policy of the management plan when the procedures of parts 6105.0190 to 6105.0200 are followed.
Subp. 6. Substandard structures.
Replacement of substandard structures may be allowed, limited, or prohibited by the local ordinance.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1450 Land Acquisition
Subpart 1. Priority areas.
The commissioner of the Department of Natural Resources hereby adopts the fee title and scenic easement lands, as identified in the fee title descriptions and scenic easement descriptions in parts 6105.1490 and 6105.1500, as priority areas for these types of acquisition:
A. Fee title acquisition is recommended in those areas where recreational sites are needed, and to consolidate existing blocks of public ownership, as identified in the fee title descriptions in part 6105.1500.
B. Scenic easement acquisition is recommended in those areas having outstanding scenic, natural, or similar values as identified in the scenic easement descriptions in part 6105.1490.
C. Because acquisition of lands or interests in land is from willing sellers at market value, some lands recommended for scenic easement acquisition may be purchased in fee title and some lands recommended for fee title acquisition may be purchased as scenic easements. These changes from the recommended acquisition can be done only with the mutual agreement by and between the state of Minnesota and the landowner(s). Furthermore, additional land or interests in land other than those recommended may be purchased within the land use districts to further the policies established in Minnesota Statutes, section 103F.305 and the management plan.
D. Other forms of acquisition such as use easements or leases, may be substituted for the recommended acquisition or used to acquire interests in other lands within the land use districts, when such purchases further the policies of this plan and Minnesota Statutes, section 103F.305.
Subp. 2. Funds for acquisition.
Land or interests in land recommended to be acquired in the plan will be acquired from willing sellers when funds are available for such purposes as provided for in Minnesota Statutes, section 103F.331.
Subp. 3. Land exchange.
Whenever feasible, land will be exchanged in a manner prescribed by state law to acquire land in the land use districts. Land will not be exchanged, however, if such exchanges would adversely affect this or other Department of Natural Resources (DNR) management programs.
Subp. 4. Islands.
All islands acquired by or transferred to the DNR shall be managed in a manner consistent with policy established in the Minnesota Wild and Scenic Rivers Act and this management plan.
History
- Statutory Authority: MS s 104.35; 103F.325
Minn. R. 6105.1460 Recreation Management
Subpart 1. Policy.
As provided for in this management plan, the recreation management policy is to provide for the orderly use of public lands and waters within the wild, scenic, and recreational river land use districts. The development of selected land- and river-oriented recreational facilities and the maintenance of these will help protect the rights of private landowners, ensure quietude, prohibit trespassing, and maintain the essential quality of wild and scenic river land use districts, as provided for in part 6105.0210, subpart 1. A specific recreation management policy shall be the enforcement of the statutes and regulations pertaining to littering (Minnesota Statutes, section 609.68 and part 6105.0210, subpart 2) and the promotion and advertising of a carry-in, carry-out philosophy, that is, for river users to take their trash home with them.
Subp. 2. Regulated use.
The recreational use of the Rum Wild, Scenic, and Recreational River and adjacent state lands will be regulated when and where considered necessary by the commissioner to ensure that the use does not adversely affect the values which qualified the river for designation.
Subp. 3. Design specifications.
As provided for in part 6105.0100, subpart 3 and the management plan, the development of public or private recreational facilities within the wild, scenic, and recreational river land use districts shall conform to the design specification guidelines shown in part 6105.0940 and the management plan.
Subp. 4. Priority areas.
Priority areas for recreational development include:
A. Certain privately owned lands, which may be acquired by the DNR from willing sellers. The proposed lands and proposed uses of these lands are shown in the fee title descriptions in part 6105.1500. The exact locations of these sites may vary, depending on the availability of willing sellers, however, the total numbers of priority sites shall remain constant.
B. Certain publicly owned lands should be developed for certain recreational uses as follows:
Subp. 5. Maintenance funds.
The Division of Parks and Recreation shall allocate funds for maintenance of DNR recreational facilities within the Rum River land use districts from the department's river development and maintenance account.
Subp. 6. Distribution of responsibilities.
The DNR's Enforcement Division shall discuss with the local units of government the delineation of responsibilities for the enforcement of wild, scenic, and recreational river user regulations in part 6105.0210. The Division of Enforcement shall also take appropriate action, within the limits of available funding and personnel, to insure expeditious enforcement of wild, scenic, and recreational river user regulations.
Subp. 7. Snowmobiles.
Snowmobile use on lands in the wild, scenic, and recreational land use district shall be allowed:
A. on private lands, only with the permission of the appropriate landowners; and
B. on public trails specifically designated for snowmobile use.
Subp. 8. Use study.
The Division of Parks and Recreation of the DNR shall arrange for a recreational use study of the Rum River, when funds are appropriated for such a purpose.
Subp. 9. Recreational development.
Any recreational development proposed in Mille Lacs Kathio State Park shall not be subject to the provisions of part 6105.1440, subpart 4, item E, or 6105.1460, subpart 4, but shall comply with the terms of any plan approved in accordance with the Outdoor Recreation Act.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1470 Administration of Management Plan
Subpart 1. Mille Lacs County.
Mille Lacs County shall enact or amend such ordinances and maps as necessary to:
A. establish the wild, scenic, and recreational river land use districts in Mille Lacs County according to part 6105.1430, to include the lands identified in the land use district descriptions in part 6105.1480; and
B. conform to the provisions of parts 6105.0010 to 6105.0250 and this management plan, as applicable.
Subp. 2. Sherburne and Isanti Counties.
Sherburne and Isanti Counties shall enact or amend such ordinances and maps as necessary to:
A. establish the scenic river land use district in Sherburne and Isanti Counties identified in the land use district descriptions in part 6105.1480; and
B. conform to the provisions of parts 6105.0010 to 6105.0250 and this management plan, as applicable.
Subp. 3. Anoka County.
Anoka County shall enact or amend such ordinances and maps as necessary to:
A. establish the scenic and recreational river land use districts in Anoka County according to part 6105.1430, to include lands identified in the land use district descriptions in part 6105.1480; and
B. conform to the provisions of parts 6105.0010 to 6105.0250 and this management plan, as applicable.
Subp. 4. Certain municipalities.
The municipalities which are listed in part 6105.1440, subpart 4, item G as urban areas shall enact or amend such ordinances and maps as necessary to establish the land use district as identified in the land use district descriptions in part 6105.1480 and conform to the provisions required in part 6105.1440, subpart 4, item G.
Subp. 5. Saint Francis, Ramsey, and Andover.
The municipalities of Saint Francis (all, except the S 1/2 of Section 29, T 34 N-R 24 W, west of river only; Section 32, T 34 N-R 24 W; and the N 1/2 of Section 5, T 33 N-R 24 W), Ramsey (all, except the S 1/2 of Section 19, T 32 N-R 24 W; and Sections 25, 36 and the S 1/2 of Section 24, T 32 N-R 23 W) and Andover shall enact or amend such ordinances and maps as necessary to:
A. establish the scenic river land use district in each municipality according to part 6105.1430, to include lands identified in the land use district descriptions in part 6105.1480 for each; and
B. conform to the provisions of parts 6105.0010 to 6105.0250, and this management plan.
Subp. 6. More restrictive rules.
Any of the involved counties or cities may retain or adopt regulations which are more restrictive than those required by this plan.
Subp. 7. Departmental assistance.
The DNR shall assist local units of government in implementing parts 6105.0010 to 6105.0250 and this management plan, in accordance with the provisions of Minnesota Statutes, section 103F.335, subdivision 1.
Subp. 8. District boundaries.
The DNR shall delineate the land use district boundaries on the appropriate zoning maps for the affected local units of government.
History
- Statutory Authority: MS s 104.35; 103F.325
Minn. R. 6105.1480 Land Use District Descriptions Starting from Mile 145.7 at Ogechie Lake Spillway
Subpart 1. T 42 N - R 27 W.
The land use district descriptions and acreages for T 42 N - R 27 W in Mille Lacs County are as follows:
Subp. 2. T 42 N - R 26 W.
The land use district descriptions and acreages for T 42 N - R 26 W in Mille Lacs County are as follows:
Subp. 3. T 41 N - R 26 W.
The land use district descriptions and acreages for T 41 N - R 26 W in Mille Lacs County are as follows:
Subp. 4. T 40 N - R 27 W.
The land use district descriptions and acreages for T 40 N - R 27 W in Mille Lacs County are as follows:
Subp. 5. T 40 N - R 26 W.
The land use district descriptions and acreages for T 40 N - R 26 W in Mille Lacs County are as follows:
Subp. 6. T 39 N - R 27 W.
The land use district descriptions and acreages for T 39 N - R 27 W in Mille Lacs County are as follows:
Subp. 7. T 38 N - R 27 W.
The land use district descriptions and acreages for T 38 N - R 27 W in Mille Lacs County are as follows:
Subp. 8. T 37 N - R 27 W.
The land use district description and acreages for T 37 N - R 27 W in Mille Lacs County are as follows:
Subp. 9. T 37 N - R 26 W.
The land use district descriptions and acreages for T 37 N - R 26 W in Mille Lacs County are as follows:
Subp. 10. T 36 N - R 26 W.
The land use district descriptions and acreages for T 36 N - R 26 W in Mille Lacs County are as follows:
Subp. 11. T 35 N - R 26 W.
The land use district descriptions and acreages for T 35 N - R 26 W in Sherburne County are as follows:
Subp. 12. T 35 N - R 25 W.
The land use district descriptions and acreages for T 35 N - R 25 W in Isanti County are as follows:
Subp. 13. T 36 N - R 25 W.
The land use district description and acreage for T 36 N - R 25 W in Isanti County are as follows:
Subp. 14. T 36 N - R 24 W.
The land use district descriptions and acreages for T 36 N - R 24 W in Isanti County are as follows:
Subp. 15. T 36 N - R 23 W.
The land use district descriptions and acreages for T 36 N - R 23 W in Isanti County are as follows:
Subp. 16. T 35 N - R 23 W.
The land use district descriptions and acreages for T 35 N - R 23 W in Isanti County are as follows:
Subp. 17. T 35 N - R 24 W.
The land use district descriptions and acreages for T 35 N - R 24 W in Isanti County are as follows:
Subp. 18. T 34 N - R 24 W.
The land use district descriptions and acreages for T 34 N - R 24 W in Isanti County are as follows:
Subp. 19. T 34 N - R 24 W.
The land use district descriptions and acreages for T 34 N - R 24 W in Anoka County are as follows:
Subp. 20. T 33 N - R 24 W.
The land use district descriptions and acreages for T 33 N - R 24 W in Anoka County are as follows:
Subp. 21. T 32 N - R 24 W.
The land use district descriptions and acreages for T 32 N - R 24 W in Anoka County are as follows:
Subp. 22. T 32 N - R 25 W.
The land use district descriptions and acreages for T 32 N - R 25 W in Anoka County are as follows:
Subp. 23. T 31 N - R 25 W.
The land use district descriptions and acreages for T 31 N - R 25 W in Anoka County are as follows:
Subp. 24. T 31 N - R 24 W.
The land use district description and acreage for T 31 N - R 24 W in Anoka County are as follows:
Subp. 25. Totals.
The total acreage for the land use districts described in subparts 1 to 25 for Mille Lacs, Sherburne, Isanti, and Anoka Counties is as follows:
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1490 Scenic Easement Acquisition Starting at Mile 145.7
Subpart 1. T 42 N - R 26 W.
The scenic easement descriptions and acreages for T 42 N - R 26 W in Mille Lacs County are as follows:
Subp. 2. T 41 N - R 26 W.
The scenic easement descriptions and acreages for T 41 N - R 26 W in Mille Lacs County are as follows:
Subp. 3. T 40 N - R 26 W.
The scenic easement descriptions and acreages for T 40 N - R 26 W in Mille Lacs County are as follows:
Subp. 4. T 40 N - R 27 W.
The scenic easement descriptions and acreages for T 40 N - R 27 W in Mille Lacs County are as follows:
Subp. 5. T 39 N - R 27 W.
The scenic easement descriptions and acreages for T 39 N - R 27 W in Mille Lacs County are as follows:
Subp. 6. T 38 N - R 27 W.
The scenic easement descriptions and acreages for T 38 N - R 27 W in Mille Lacs County are as follows:
Subp. 7. T 37 N - R 26 W.
The scenic easement descriptions and acreages for T 37 N - R 26 W in Mille Lacs County are as follows:
Subp. 8. T 36 N - R 26 W.
The scenic easement descriptions and acreages for T 36 N - R 26 W in Mille Lacs County are as follows:
Subp. 9. T 35 N - R 26 W.
The scenic easement descriptions and acreages for T 35 N - R 26 W in Sherburne County are as follows:
Subp. 10. T 35 N - R 25 W.
The scenic easement descriptions and acreages for T 35 N - R 25 W in Isanti County are as follows:
Subp. 11. T 36 N - R 24 W.
The scenic easement descriptions and acreages for T 36 N - R 24 W in Isanti County are as follows:
Subp. 12. T 36 N - R 23 W.
The scenic easement descriptions and acreages for T 36 N - R 23 W in Isanti County are as follows:
Subp. 13. T 35 N - R 23 W.
The scenic easement descriptions and acreages for T 35 N - R 23 W in Isanti County are as follows:
Subp. 14. T 35 N - R 24 W.
The scenic easement descriptions and acreages for T 35 N - R 24 W in Isanti County are as follows:
Subp. 15. T 35 N - R 24 W.
The scenic easement descriptions and acreages for T 35 N - R 24 W in Isanti County are as follows:
Subp. 16. T 34 N - R 24 W.
The scenic easement descriptions and acreages for T 34 N - R 24 W in Isanti County are as follows:
Subp. 17. T 34 N - R 24 W.
The scenic easement descriptions and acreages for T 34 N - R 24 W in Anoka County are as follows:
Subp. 18. T 33 N - R 24 W.
The scenic easement descriptions and acreages for T 33 N - R 24 W in Anoka County are as follows:
Subp. 19. T 32 N - R 24 W.
The scenic easement descriptions and acreages for T 32 N - R 24 W in Anoka County are as follows:
Subp. 20. T 32 N - R 25 W.
The scenic easement descriptions and acreages for T 32 N - R 25 W in Anoka County are as follows:
Subp. 21. T 32 N - R 24 W.
The scenic easement descriptions and acreages for T 32 N - R 24 W in Anoka County are as follows:
Subp. 22. Totals.
The total acreage of scenic easements as described in subparts 1 to 21 for Mille Lacs, Sherburne, Isanti, and Anoka Counties, is as follows:
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1500 Fee Title Descriptions
Subpart 1. T 42 N - R 27 W.
The fee title description, acreage, and proposed use or purpose of land for T 42 N - R 27 W in Mille Lacs County are as follows:
Subp. 2. T 37 N - R 27 W.
The fee title description, acreage, and proposed use or purpose of land for T 37 N - R 27 W in Mille Lacs County are as follows:
Subp. 3. T 38 N - R 27 W.
The fee title description, acreage, and proposed use or purpose of land for T 38 N - R 27 W in Mille Lacs County are as follows:
Subp. 4. T 37 N - R 26 W.
The fee title description, acreage, and proposed use or purpose of land for T 37 N - R 26 W in Mille Lacs County are as follows:
Subp. 5. T 36 N - R 26 W.
The fee title description, acreage, and proposed use or purpose of land for T 36 N - R 26 W in Mille Lacs County are as follows:
Subp. 6. T 35 N - R 26 W.
The fee title description, acreage, and proposed use or purpose of land for T 35 N - R 26 W in Sherburne County are as follows:
Subp. 7. T 35 N - R 25 W.
The fee title description, acreage, and proposed use or purpose of land for T 35 N - R 25 W in Isanti County are as follows:
Subp. 8. T 36 N - R 24 W.
The fee title description, acreage, and proposed use or purpose of land for T 36 N - R 24 W in Isanti County are as follows:
Subp. 9. T 36 N - R 23 W.
The fee title description, acreage, and proposed use or purpose of land for T 36 N - R 23 W in Isanti County are as follows:
Subp. 10. T 35 N - R 24 W.
The fee title description, acreage, and proposed use or purpose of land for T 35 N - R 24 W in Isanti County are as follows:
Subp. 11. T 34 N - R 24 W.
The fee title description, acreage, and proposed use or purpose of land for T 34 N - R 24 W in Isanti County are as follows:
Subp. 12. T 33 N - R 24 W.
The fee title description, acreage, and proposed use or purpose of land for T 33 N - R 24 W in Anoka County are as follows:
Subp. 13. Totals.
The total acreage as described in subparts 1 to 12 for Mille Lacs, Sherburne, Isanti, and Anoka Counties is as follows:
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1550 Designation of River
That portion of the Cannon River from the northern city limits of Faribault (the common border of the SE 1/4 and the NE 1/4 of Section 19, T110N-R20W) to its confluence with the Mississippi River is hereby designated a component of the Minnesota wild, scenic, and recreational rivers system.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1560 Statutory Authority
This designation is made by the commissioner of natural resources pursuant to the authority of the Minnesota Wild and Scenic Rivers Act, Minnesota Statutes, sections 103F.301 to 103F.345.
History
- Statutory Authority: MS s 104.35; 103F.325
Minn. R. 6105.1570 Scope
The designation and parts 6105.1550 to 6105.1700 apply to the river and the adjacent lands as provided for in the land use district descriptions. The land use district boundaries were drawn in accordance with part 6105.0070, subpart 2, item B.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1580 Definition of Normal High Water Mark
The definition of "normal high water mark" (part 6105.0040) shall be changed to read: "Ordinary high water mark" means a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. In areas where the ordinary high water mark is not evident, setbacks shall be measured from the top of the bank of the river channel. A channel is a natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct flowing water either continuously or periodically.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1590 Severability
The provisions of parts 6105.1550 to 6105.1700 shall be severable, and the invalidity of any paragraph, subparagraph, or subdivision thereof shall not make void any other paragraph, subparagraph, subdivision, or any other part.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1600 Classification of Rivers
The following classifications are made in accordance with the provisions of part 6105.0060:
A. Recreational: that portion of the Cannon River and its adjacent lands from the northern city limits of Faribault (the common border of the north and south halves of Sections 19 and 20, T110N-R20W) to the State Highway 56 bridge, and from the Lake Byllesby Dam (the common border of Sections 13 and 14, T112N-R18W) to the common border of Sections 7 and 8, T112N-R17W, in Cannon Falls. The Lake Byllesby Reservoir is excluded from this segment.
B. Scenic: that portion of the Cannon River and adjacent lands from the common border of Sections 7 and 8, T112N-R17W, in Cannon Falls to the river's confluence with the Mississippi River.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1610 Land Use Management
Subpart 1. Adoption of land use district descriptions.
The commissioner of natural resources hereby adopts the scenic and recreational land use districts as identified in the land use district descriptions of parts 6105.1550 to 6105.1700. The land use districts were derived in accordance with part 6105.0070, subpart 2, item B.
Subp. 2. Scope.
Parts 6105.0010 to 6105.0250 shall apply to all lands within the scenic and recreational land use districts, except as specified in parts 6105.1550 to 6105.1700.
Subp. 3. Special rules for Cannon Falls, Dundas, and Northfield.
Because some areas along the Cannon River have been considerably developed, and because the Wild and Scenic Rivers Act states that management plans shall be prepared with no unreasonable restrictions upon compatible, preexisting, economic uses of particular tracts of land (Minnesota Statutes, section 103F.325), the municipalities of Cannon Falls, Dundas, and Northfield shall adopt rules as specified in part 6105.1670.
Subp. 4. Moratoriums.
When land in the land use district is annexed, incorporated, or in any other way transferred to another jurisdiction, a moratorium shall exist on all subdivision platting, building permits, construction, grading and filling, and vegetative cutting until the newly responsible unit of government adopts zoning for that land. The zoning shall meet the provisions of these rules that applied to the land before the transfer. This provision does not apply to work for which lawful permits were previously issued.
Subp. 5. Sand and gravel extraction.
Because the Cannon River valley is a major source of sand and gravel in the area and because this resource can be extracted in a manner that will have minor environmental impact, sand and gravel extraction shall be allowed as a conditional use, subject to the following conditions:
A. Commercial manufacturing of sand and gravel by-products shall be nonpermitted uses in the land use district.
B. The following shall be submitted to the local authority as part of the application for a conditional use permit:
C. Mining operations shall not take place within 300 feet of the river. This distance does not apply to water pumps needed for the mining operation. However, appropriation of water from the river shall require a permit from the DNR, Division of Waters.
D. No sand and gravel operation shall be conducted on parcels of land or a combination of parcels of less than 20 acres.
Subp. 6. Litter.
To reduce the effects of litter along the river, canoe and inner tube rental establishments shall:
A. provide disposable refuse containers to those renting canoes and inner tubes; and
B. require the return of refuse containers along with all refuse from the river trip.
Subp. 7. Welch.
Existing development in the unincorporated area of Welch in E 1/2, W 1/2, NE 1/4 of Section 28, T113N-R16W, north of the river, shall be allowed to continue as now identified by the Goodhue County zoning ordinance, as amended in 1976.
Subp. 8. Agricultural buildings.
Because agricultural uses are permitted in the land use district and because of the preexistence of agricultural buildings along the Cannon River, part 6105.0110, subpart 3, item D, shall be amended to read: structure height shall not exceed 35 feet, except for buildings used primarily for agricultural purposes.
Subp. 9. Structures.
Part 6105.0110, subpart 3, item C, subitem (1) shall be modified to read:
Structures shall be allowed on slopes of greater than 13 percent or on blufflines if structures can meet the following criteria:
A. Sewage system facilities must be installed so as to comply with the sanitary provisions of part 6105.0120.
B. Structures must be adequately screened.
C. It must be proven that any potential or actual erosion or sedimentation problems do not exist, and that adequate measures shall be taken to prevent them.
D. Where bearing capacity is in doubt soil boring samples must be taken.
E. Consideration must be given to color and architectural design (including roof slope and orientation), subject to approval of the township and county planning commission.
Subp. 10. Land use districts.
A. Part 6105.0100, subpart 3 shall be amended to include the following:
B. Parts 6105.0170 and 6105.0180 shall be amended to include: Accessory facilities to power plants (intake and outflow structures), when located in the land use district shall be screened to the maximum extent possible to minimize the visual intrusion on the landscape.
History
- Statutory Authority: MS s 104.34; 104.35; 103F.321; 103F.325
- History: 9 SR 296
Minn. R. 6105.1620 Land Acquisition
Subpart 1. Fee title acquisition.
Fee title acquisition from willing sellers is recommended in those areas where recreational sites are needed, as identified in part 6105.1640.
Subp. 2. Scenic easement acquisition.
Scenic easement acquisition from willing sellers is recommended in those areas having outstanding scenic, natural, or similar values and in areas with high development potential.
Subp. 3. Other forms of acquisition.
Other forms of acquisition, such as use easements, leases, land exchange, or gifts may be substituted for the recommended acquisition when such purchases further the policies of parts 6105.1550 to 6105.1700 and Minnesota Statutes, section 103F.305.
Subp. 4. Leasing rest areas.
The DNR shall consider leasing rest areas for an initial five-year period, with the option for longer leasing or purchase after that period.
Subp. 5. Method of acquisition.
Land or interests in land will be acquired from willing sellers, as provided for in Minnesota Statutes, section 103F.331.
Subp. 6. Condemnation prohibited.
The commissioner of natural resources shall not request or use condemnation to acquire lands in the Cannon River land use district through the wild and scenic rivers program.
History
- Statutory Authority: MS s 104.35; 103F.325
Minn. R. 6105.1630 Recreation Management in General
Subpart 1. Policy.
It is the intent of these parts to manage recreation to provide for the orderly use of public lands and waters within the scenic and recreational river land use districts. The development and maintenance of selected land- and water-oriented recreational facilities will help protect the rights of private landowners, ensure quietude, prohibit trespassing, and maintain the essential quality of wild and scenic river land use districts, as provided for in part 6105.0210, subpart 1.
Subp. 2. Penalty.
Part 6105.0210, subpart 2 shall be amended to impose the current state penalty for a misdemeanor.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1640 Recreational Uses
Recreational uses:
A. Priority areas for development of governmental recreational facilities are listed below. If these parcels are not available for use similar parcels may be used.
B. Because sufficient public land exists between Faribault and Northfield, all public recreational facilities in this area shall be located on existing public land.
C. The development of public or private facilities within the land use district shall conform to the site typicals in these rules. In addition, when establishing rest areas, sufficient land shall be acquired to provide a 300-foot buffer zone between the activity area and adjacent property.
D. DNR rest areas shall not be established closer than four miles to existing DNR rest areas and shall be inaccessible by road.
E. To establish the Cannon River as a day use river the DNR shall establish no overnight camping areas along the river.
F. All public and private camping areas established along the river shall be subject to all rules of the Minnesota Pollution Control Agency, the Minnesota Department of Health, and all local zoning ordinances.
G. If a recreational site is found in violation of Department of Public Health rules more than three times in one season, the site shall be closed.
H. No special DNR facilities solely for the use of motorboats shall be provided.
I. The DNR shall not develop or provide for trails within the land use district. This shall not include local trails or state-funded grant-in-aid trails.
J. Snowmobile use on lands in the land use district shall be allowed on private lands, only with the permission of the appropriate landowner(s); on public lands where the managing agency has designated areas for such use.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1650 Maintenance of Recreational Facilities
Maintenance:
A. The DNR shall be responsible for and shall allocate funds for maintenance of DNR recreational facilities within the Cannon River land use district. The DNR is encouraged to hire area residents to help maintain recreational facilities.
B. A carry-in, carry-out policy shall be implemented by river users. To help ensure the success of this policy, no trash receptacles shall be provided at DNR rest areas and areas shall be maintained to prevent the establishment of dumps.
C. Orientation signs identifying all recreational facilities along the river, containing the recreational rules for the river and explaining the "carry-in, carry-out" refuse policy shall be posted at accesses.
D. If heavy use of recreational facilities wears down river land, causes erosion or leads to problems with adjacent landowners, DNR sites shall be closed.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1660 Enforcement of User Rules
The DNR's Division of Enforcement shall determine with the local units of government the division of responsibilities for the enforcement of the wild and scenic river user rules (part 6105.0210). The Division of Enforcement shall also take appropriate action to ensure expeditious enforcement of wild and scenic river rules.
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1670 Administration of the Management Plan
Subpart 1. Local zoning authority.
The local zoning authority shall administer the wild and scenic rivers ordinance in accordance with the provisions of parts 6105.0220 to 6105.0250.
Subp. 2. Dakota and Goodhue Counties and city of Red Wing.
Dakota and Goodhue Counties and the city of Red Wing shall enact or amend such ordinances and maps as necessary to:
A. establish the scenic and recreational land use districts in their jurisdiction according to part 6105.1600 to include the lands identified in the land use district descriptions; and
B. conform to the provisions of parts 6105.1550 to 6105.1700, except as indicated in subparts 4, 5, and 6.
Subp. 3. Rice County.
Rice County shall enact or amend such ordinances and maps as necessary to:
A. establish the recreational land use district in its jurisdiction according to part 6105.1600, to include the lands identified in the land use district descriptions; and
B. conform to the provisions of parts 6105.1550 to 6105.1700, except as indicated in subparts 4 and 5. It is recommended that Rice County also continue to enforce present agricultural preservation zoning, as identified in Section 15 of the 1975 Rice County zoning ordinance, on lands beyond 350 feet from the ordinary high water mark.
Subp. 4. Part of Dundas and Northfield.
The municipalities of Dundas (In T111N-R20W: that portion located in the S 1/2 of the N 1/2 of Section 15; and Section 11) and Northfield (In T111N-R20W: that portion located in Section 11; Section 2, south of the river; and the SW 1/4 of the SW 1/4 of Section 1, east of the river) shall enact or amend such ordinances and maps as necessary to:
A. establish the recreational river land use districts according to part 6105.1600, to include lands identified in the land use district descriptions;
B. conform to the provisions of parts 6120.2600 to 6120.3900 for natural environment waters except part 6120.3900, subparts 3 and 6;
C. conform to the following provisions of parts 6105.0010 to 6105.0250; 6105.0040; 6105.0100, subpart 3, items A, B, C, D, F, and G; 6105.0210 to 6105.0250;
D. conform to the provisions of parts 6105.1550 to 6105.1700.
Subp. 5. Part of Dundas and Northfield.
The municipalities of Dundas (In T111N-R20W: that portion located in the N 1/2 of the N 1/2 of Section 15; and Section 10) and Northfield (In T111N-R20W: that portion located in Section 2, north of the river; and Section 1, except the SW 1/4 of the SW 1/4, east of the river. In T112N-R20W: Section 36. In T112N-R19W: Sections 30 and 31) shall enact or amend such ordinances and maps as necessary to:
A. establish the recreational river land use districts according to part 6105.1600, to include lands identified in the land use district descriptions;
B. conform to the provisions of parts 6120.2600 to 6120.3900 for general development waters except part 6120.3900, subparts 3 and 6;
C. conform to the following provisions of parts 6105.0010 to 6105.0250; 6105.0040; 6105.0100, subpart 3, items A, B, C, D, F, and G; 6105.0210 to 6105.0250; and
D. conform to the provisions of parts 6105.1550 to 6105.1700.
Subp. 6. Cannon Falls.
The municipality of Cannon Falls shall enact or amend such ordinances and maps as necessary to:
A. establish the recreational river land use district according to part 6105.1600, to include lands identified in the land use district descriptions.
B. conform to the provisions of parts 6120.2600 to 6120.3900 for recreational development waters except part 6120.3900, subparts 3 and 6;
C. conform to the following provisions of parts 6105.0010 to 6105.0250; 6105.0040; 6105.0100, subpart 3, items A, B, C, D, F, and G; 6105.0210 to 6105.0250; and
D. conform to the provisions of parts 6105.1550 to 6105.1700.
Subp. 7. More restrictive rules.
Local zoning authorities may retain or adopt regulations that are more restrictive than those required by these rules, pursuant to Minnesota Statutes, sections 394.21, 394.33, and 462.353.
Subp. 8. Departmental assistance.
The DNR shall assist local units of government in implementing these parts, in accordance with Minnesota Statutes, section 103F.335, subdivision 1.
Subp. 9. Land use district boundaries.
The DNR shall delineate the land use district boundaries on the appropriate zoning maps for the affected local units of government.
Subp. 10. Public meeting.
Every five years the DNR shall conduct a public informational meeting to determine the effectiveness, the progress, and the opportunities for improvement of these parts.
History
- Statutory Authority: MS s 104.35; 103F.325
Minn. R. 6105.1680 Land Use District Legal Descriptions
Subpart 1. General.
The abbreviations listed in items A to C are used in the land use district legal descriptions in subparts 2 to 12.
A. CRI & P RR = Chicago, Rock Island and Pacific Railroad;
B. CGW RR = Chicago - Great Western Railroad; and
C. * = undetermined acreage, generally within 1,000 feet of ordinary high-water mark.
Subp. 2. T 110 N - R 20 W.
The land use district descriptions and acreages for T 110 N - R 20 W are as follows:
Subp. 3. T 111 N - R 20 W.
The land use district descriptions and acreages for T 111 N - R 20 W are as follows:
Subp. 4. T 112 N - R 20 W.
The land use district descriptions and acreage for T 112 N - R 20 W are as follows:
Subp. 5. T 112 N - R 19 W.
The land use district descriptions and acreages for T 112 N - R 19 W are as follows:
Subp. 6. T 111 N - R 19 W.
The land use district descriptions and acreage for T 111 N - R 19 W are as follows:
Subp. 7. T 112 N - R 18 W.
The land use district descriptions and acreages for T 112 N - R 18 W are as follows:
Subp. 8. T 112 N - R 17 W.
The land use district descriptions and acreages for T 112 N - R 17 W are as follows:
Subp. 9. T 113 N - R 17 W.
The land use district descriptions and acreage for T 113 N - R 17 W are as follows:
Subp. 10. T 112 N - R 16 W.
The land use district descriptions and acreages for T 112 N - R 16 W are as follows:
Subp. 11. T 113 N - R 16 W.
The land use district descriptions and acreages for T 113 N - R 16 W are as follows:
Subp. 12. T 113 N - R 15 W.
The land use district descriptions and acreages for T 113 N - R 15 W are as follows:
Subp. 13. Total acreage.
The total acreage for the land use districts described in subparts 2 to 12 is 11,331.75; plus undetermined acreage as indicated by *, generally within 1,000 feet of ordinary high-water mark.
History
- Statutory Authority: MS s 14.388; 104.35
- History: 27 SR 585
Minn. R. 6105.1681 [Amendment merged into 6105.1680, 9 SR 296]
[Amendment merged into 6105.1680, 9 SR 296]
Minn. R. 6105.1690 Typical Signs
History
- Statutory Authority: MS s 104.35
Minn. R. 6105.1700 Typical Sites
Subpart 1. Primitive campsite.
Subp. 2. Campground.
Subp. 3. Canoe access.
Subp. 4. Boat access.
Subp. 5. Trail design.
Subp. 6. Rest area.
History
- Statutory Authority: MS s 104.35
Chapter 6106 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA
Minn. R. 6106.0010 Policy
It is in the interest of present and future generations to preserve and enhance the natural, aesthetic, economic, recreational, cultural, and historical values of the Mississippi River corridor within the Twin Cities metropolitan area and protect its environmentally sensitive areas. In furtherance of the policies declared in Minnesota Statutes, chapters 116G, 394, 462, and 473, this chapter provides standards and criteria for the preservation, protection, and management of the Mississippi River Corridor Critical Area.
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Minn. R. 6106.0020 Purpose; Designation
The minimum standards and criteria in this chapter are provided for the subdivision, use, and development of land within the Mississippi National River and Recreation Area, established pursuant to United States Code, title 16, section 460k, which is designated the Mississippi River Corridor Critical Area, according to the purposes described under Minnesota Statutes, section 116G.15, subdivision 1.
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Minn. R. 6106.0030 Scope; Other Law
Subpart 1. Applicability.
The standards and criteria established in this chapter for the Mississippi River Corridor Critical Area pertain to public waters and to nonfederal public land and private lands within the river corridor boundary.
Subp. 2. Government actions.
The state and all local governments, including councils, commissions, boards, districts, departments, and all other public authorities, must exercise their powers to further the purposes of this chapter.
Subp. 3. State land.
Land owned by the state and its agencies and subdivisions must be administered according to this chapter.
Subp. 4. Conflicting standards.
In case of a conflict between this chapter and any other rule or ordinance, the more protective provision applies.
Subp. 5. Superseding standards.
Specific standards found in this chapter supersede parts 4410.8100 to 4410.9910 for management of the Mississippi River Corridor Critical Area.
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Minn. R. 6106.0050 Definitions
Subpart 1. Scope of terms and measurement of distances.
For the purposes of this chapter, the terms used have the meanings given in this part. All distances, unless otherwise specified, are measured horizontally.
Subp. 2. Access path.
"Access path" means an area designated to provide ingress and egress to public waters.
Subp. 3. Adjacent.
"Adjacent" means having a boundary that physically touches or adjoins.
Subp. 4. Agricultural use.
"Agricultural use" has the meaning given under Minnesota Statutes, section 40A.02.
Subp. 5. Alternative design.
"Alternative design" means subdivision design methods such as conservation design, transfer of development density, or similar zoning and site design techniques that protect open space and natural areas.
Subp. 6. Barge fleeting.
"Barge fleeting" means temporarily parking and securing barges on the river, on or off channel, while tows are assembled or broken up.
Subp. 7. Biological and ecological functions.
"Biological and ecological functions" means the functions of vegetation in stabilizing soils and slopes, retaining and filtering runoff, providing habitat, and recharging groundwater.
Subp. 8. Bluff.
"Bluff" means a natural topographic feature having:
A. a slope that rises at least 25 feet and the grade of the slope averages 18 percent or greater, measured over a horizontal distance of 25 feet, as follows:
B. a natural escarpment or cliff with a slope that rises at least ten feet above the ordinary high water level or toe of the slope, whichever is applicable, to the top of the slope, with a slope of 75 degrees or greater.
Subp. 9. Bluff impact zone.
"Bluff impact zone" means the bluff and land within 20 feet of the bluff. See Figure 1.
Subp. 10. Bluffline.
"Bluffline" means a line delineating the top of the bluff. More than one bluffline may be encountered proceeding landward from the river. See also subpart 9, Figure 1, and subpart 78, "top of the bluff."
Subp. 11. Buildable area.
"Buildable area" means the area upon which structures may be placed on a lot or parcel of land and excludes land areas needed to meet requirements for setback, rights-of-way, bluff impact zones, historic properties, wetlands, designated floodways, land below the ordinary high water level of public waters, and other areas restricted from development by local ordinance.
Subp. 12. Building.
"Building" means a structure with two or more outside rigid walls and a fully secured roof and affixed to a permanent site.
Subp. 13. Certificate of compliance.
"Certificate of compliance" means a document, written after a compliance inspection, certifying that the development is in compliance with applicable requirements at the time of the inspection.
Subp. 14. Commissioner.
"Commissioner" means the commissioner of natural resources.
Subp. 15. Conditional use.
"Conditional use" has the meaning given under Minnesota Statutes, section 394.22.
Subp. 16. Conservation design.
"Conservation design" means a pattern of subdivision that is characterized by grouping lots within a portion of a parcel, where the remaining portion of the parcel is permanently protected as open space.
Subp. 17. Conventional subdivision.
"Conventional subdivision" means a pattern of subdivision that is characterized by lots that are spread regularly throughout a parcel in a lot and block design.
Subp. 18. Deck.
"Deck" means a horizontal, unenclosed, aboveground level structure open to the sky, with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site.
Subp. 19. Developer.
"Developer" has the meaning given under Minnesota Statutes, section 116G.03.
Subp. 20. Development.
"Development" has the meaning given under Minnesota Statutes, section 116G.03.
Subp. 21. Discretionary action.
"Discretionary action" means an action under this chapter related to land use that requires a public hearing by local ordinance or statute, such as preliminary plats, final subdivision plats, planned unit developments, conditional use permits, interim use permits, variances, appeals, and rezonings.
Subp. 22. Dock.
"Dock" has the meaning given under part 6115.0170.
Subp. 23. Electric power facilities.
"Electric power facilities" means equipment and associated facilities for generating electric power as identified and defined under Minnesota Statutes, section 216E.01, and devices for converting wind energy to electrical energy.
Subp. 24. Essential services.
"Essential services" means underground or overhead gas, electrical, communications, steam, or water distribution, collection, supply, or disposal systems, including stormwater. Essential services includes poles, wires, mains, drains, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, navigational structures, aviation safety facilities, or other similar equipment and accessories in conjunction with the systems. Essential services does not include buildings, treatment works as defined in Minnesota Statutes, section 115.01, electric power facilities, or transmission services.
Subp. 25. Feedlot.
"Feedlot" has the meaning given for animal feedlot under part 7020.0300.
Subp. 26. Floodplain.
"Floodplain" has the meaning given under part 6120.5000.
Subp. 27. Hard-surface trail.
"Hard-surface trail" means a trail surfaced in asphalt, crushed aggregate, or other hard surface, for multipurpose use, as determined by local, regional, or state agency plans.
Subp. 28. Historic property.
"Historic property" means an archaeological site, standing structure, site, district, or other property that is:
A. listed in the National Register of Historic Places or the State Register of Historic Places or locally designated as a historic site under Minnesota Statutes, chapter 471;
B. determined to meet the criteria for eligibility to the National Register of Historic Places or the State Register of Historic Places; or
C. an unplatted cemetery that falls under the provisions of Minnesota Statutes, chapter 307, in consultation with the Office of the State Archeologist.
Subp. 29. Impervious surface.
"Impervious surface" means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples are rooftops, decks, sidewalks, patios, parking lots, storage areas, roads, and driveways, including those with concrete, asphalt, or gravel surfaces.
Subp. 30. Intensive vegetation clearing.
"Intensive vegetation clearing" means removal of all or a majority of the trees or shrubs in a contiguous patch, strip, row, or block.
Subp. 31. Interim use.
"Interim use" has the meaning given under Minnesota Statutes, sections 394.303 and 462.3597.
Subp. 32. Land alteration.
"Land alteration" means an activity that exposes the soil or changes the topography, drainage, or cross section of the land, excluding gardening or similar minor soil disturbances.
Subp. 33. Local government.
"Local government" means counties, cities, and townships.
Subp. 34. Local park agencies.
"Local park agencies" means the Minneapolis Park and Recreation Board and the Three Rivers Park District.
Subp. 35. Lot.
"Lot" has the meaning given under part 6120.2500.
Subp. 36. Lot width.
"Lot width" means the shortest distance between lot lines measured at both the ordinary high water level and at the required structure setback from the ordinary high water level.
Subp. 37. Marina.
"Marina" has the meaning given under chapter 6115.
Subp. 38. Mooring facility.
"Mooring facility" has the meaning given under part 6115.0170.
Subp. 39. Native plant community.
"Native plant community" means a plant community that has been identified as part of the Minnesota biological survey or biological survey issued or adopted by a local, state, or federal agency.
Subp. 40. Natural-surface trail.
"Natural-surface trail" means a trail composed of native soil and rock or compacted granular stone, primarily intended for hiking, equestrian, or mountain bike use, as determined by local, regional, or state agency plans.
Subp. 41. Natural vegetation.
"Natural vegetation" means any combination of ground cover, understory, and tree canopy that, while it may have been altered by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge groundwater.
Subp. 42. Nonconformity.
"Nonconformity" has the meaning given under Minnesota Statutes, section 394.22.
Subp. 43. Nonmetallic mining.
"Nonmetallic mining" means construction, reconstruction, repair, relocation, expansion, or removal of any facility for the extraction, stockpiling, storage, disposal, or reclamation of nonmetallic minerals such as stone, sand, and gravel. Nonmetallic mining does not include ancillary facilities such as access roads, bridges, culverts, and water level control structures. For purposes of this subpart, "facility" includes all mine pits, quarries, stockpiles, basins, processing structures and equipment, and any structures that drain or divert public waters to allow mining.
Subp. 44. Off-premise advertising signs.
"Off-premise advertising signs" means those signs that direct attention to a product, service, business, or entertainment venue that is not exclusively related to the premises where the sign is located.
Subp. 45. Ordinary high water level.
"Ordinary high water level" has the meaning given under Minnesota Statutes, section 103G.005.
Subp. 46. Overlay district.
"Overlay district" means a zoning district that is applied over one or more previously established zoning districts, establishing additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning district. Overlay districts are often used to protect historic features and natural resources such as shoreland or floodplain.
Subp. 47. Parcel.
"Parcel" has the meaning given under Minnesota Statutes, section 116G.03.
Subp. 48. Patio.
"Patio" means a constructed hard surface located at ground level with no railings and open to the sky.
Subp. 49. Picnic shelter.
"Picnic shelter" means a roofed structure open on all sides, accessory to a recreational use.
Subp. 50. Planned unit development.
"Planned unit development" means a method of land development that merges zoning and subdivision controls, allowing developers to plan and develop a large area as a single entity, characterized by a unified site design, a mix of structure types and land uses, and phasing of development over a number of years. Planned unit development includes any conversion of existing structures and land uses that use this method of development.
Subp. 51. Plat.
"Plat" has the meaning given under Minnesota Statutes, sections 505.01, subdivision 3, and 515B.2-110.
Subp. 52. Port.
"Port" means a water transportation complex established and operated under the jurisdiction of a port authority according to Minnesota Statutes, chapter 458.
Subp. 53. Primary conservation areas.
"Primary conservation areas" means key resources and features, including shore impact zones, bluff impact zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage routes, unstable soils and bedrock, native plant communities, cultural and historic properties, significant existing vegetative stands, tree canopies, and other resources identified in local government plans.
Subp. 54. Professional engineer.
"Professional engineer" means an engineer licensed to practice in Minnesota.
Subp. 55. Public recreational facilities.
"Public recreational facilities" means recreational facilities provided by the state or a local government and dedicated to public use, including parks, scenic overlooks, observation platforms, trails, docks, fishing piers, picnic shelters, water access ramps, and other similar water-oriented public facilities used for recreation.
Subp. 56. Public river corridor views.
"Public river corridor views" means views toward the river from public parkland, historic properties, and public overlooks, as well as views toward bluffs from the ordinary high water level of the opposite shore, as seen during the summer months.
Subp. 57. Public transportation facilities.
"Public transportation facilities" means all transportation facilities provided by federal, state, or local government and dedicated to public use, such as roadways, transit facilities, railroads, and bikeways.
Subp. 58. Public utilities.
"Public utilities" means electric power facilities, essential services, and transmission services.
Subp. 59. Public waters.
"Public waters" has the meaning given under Minnesota Statutes, section 103G.005.
Subp. 60. Readily visible.
"Readily visible" means land and development that are easily seen from the ordinary high water level of the opposite shore during summer months.
Subp. 61. Resource agency.
"Resource agency" means a federal, state, regional, or local agency that engages in environmental, natural, or cultural resource protection or restoration activities, including planning, implementation, and monitoring.
Subp. 62. Retaining wall.
"Retaining wall" means a vertical or nearly vertical structure constructed of mortar and rubble masonry, rock, or stone regardless of size, vertical timber pilings, horizontal timber planks with piling supports, sheet pilings, poured concrete, concrete blocks, or other durable material.
Subp. 63. Riprap.
"Riprap" means coarse stones, boulders, cobbles, broken rock or concrete, or brick materials placed or constructed to armor shorelines, streambeds, bridge abutments, pilings, and other shoreline structures against scour or water or ice erosion.
Subp. 64. River corridor boundary.
"River corridor boundary" means the boundary approved and adopted by the Metropolitan Council under Minnesota Statutes, section 116G.06, as approved and adopted by the legislature in Minnesota Statutes, section 116G.15, and as legally described in the State Register, volume 43, pages 508 to 519.
Subp. 65. River-dependent use.
"River-dependent use" means the use of land for commercial, industrial, or utility purposes, where access to and use of a public water feature is an integral part of the normal conduct of business and where the use is dependent on shoreline facilities.
Subp. 66. Selective vegetation removal.
"Selective vegetation removal" means removal of isolated individual trees or shrubs that are not in a contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or understory cover.
Subp. 67. Setback.
"Setback" means a separation distance measured horizontally.
Subp. 68. Shore impact zone.
"Shore impact zone" means land located between the ordinary high water level of public waters and a line parallel to it at a setback of 50 percent of the required structure setback or, for areas in agricultural use, 50 feet landward of the ordinary high water level. See Figure 2.
Subp. 69. Shoreline facilities.
"Shoreline facilities" means facilities that require a location adjoining public waters for ingress and egress, loading and unloading, and water intake and outflow, such as barge facilities, port facilities, commodity loading and unloading equipment, watercraft lifts, marinas, short-term watercraft mooring facilities for patrons, and water access ramps. Structures that would be enhanced by a shoreline location, but do not require a location adjoining public waters as part of their function, are not shoreline facilities, such as restaurants, bait shops, and boat dealerships.
Subp. 70. Special purpose unit of government.
"Special purpose unit of government" means the University of Minnesota; the St. Paul Port Authority; watershed management organizations established under Minnesota Statutes, chapter 103B; watershed districts established under Minnesota Statutes, chapter 103D; and any other unit of government other than those listed in subparts 33 and 71.
Subp. 71. State or regional agency.
"State or regional agency" means the Metropolitan Airports Commission, Minnesota Historical Society, University of Minnesota, Department of Natural Resources, Department of Transportation, and Metropolitan Council and other state agencies.
Subp. 72. Steep slope.
"Steep slope" means a natural topographic feature with an average slope of 12 to 18 percent, measured over a horizontal distance equal to or greater than 50 feet, and any slopes greater than 18 percent that are not bluffs.
Subp. 73. Stormwater.
"Stormwater" has the meaning given under part 7090.0080.
Subp. 74. Structure.
"Structure" means a building, sign, or appurtenance thereto, except for aerial or underground utility lines, such as sewer, electric, telephone, telegraph, or gas lines, and utility line towers, poles, and other supporting appurtenances.
Subp. 75. Subdivision.
"Subdivision" has the meaning given under Minnesota Statutes, section 462.352.
Subp. 76. Subsurface sewage treatment system.
"Subsurface sewage treatment system" has the meaning given under part 7080.1100.
Subp. 77. Toe of the bluff.
"Toe of the bluff" means a line along the bottom of a bluff, requiring field verification, such that the slope above the line exceeds 18 percent and the slope below the line is 18 percent or less, measured over a horizontal distance of 25 feet. See subpart 9, Figure 1.
Subp. 78. Top of the bluff.
"Top of the bluff" means a line along the top of a bluff, requiring field verification, such that the slope below the line exceeds 18 percent and the slope above the line is 18 percent or less, measured over a horizontal distance of 25 feet. See subpart 9, Figure 1.
Subp. 79. Transmission services.
"Transmission services" means:
A. electric power lines, cables, pipelines, or conduits that are:
B. telecommunication lines, cables, pipelines, or conduits.
Subp. 80. Treeline.
"Treeline" means the more or less continuous line formed by the tops of trees in a wooded area when viewed from a particular point. The treeline is determined during all seasons as if under full foliage.
Subp. 81. Twin Cities metropolitan area.
"Twin Cities metropolitan area" is the area over which the Metropolitan Council has jurisdiction according to Minnesota Statutes, section 473.121, subdivision 2.
Subp. 82. Variance.
"Variance" has the meaning given under Minnesota Statutes, section 394.22.
Subp. 83. Water access ramp.
"Water access ramp" means a boat ramp, carry-down site, boarding dock, and approach road, or other access that allows launching and removal of a boat, canoe, or other watercraft with or without a vehicle and trailer.
Subp. 84. Water-oriented accessory structure.
"Water-oriented accessory structure" means a small building or other improvement, except stairways, fences, docks, and retaining walls, that, because of the relationship of its use to public waters, needs to be located closer to public waters than the normal structure setback. Examples include gazebos, screen houses, fish houses, pump houses, and detached decks and patios.
Subp. 85. Wetlands.
"Wetlands" has the meaning given under Minnesota Statutes, section 103G.005.
Subp. 86. Wharf.
"Wharf" has the meaning given under part 6115.0170.
History
- Statutory Authority: MS s 14.388; 116G.15
- History: 41 SR 799; 43 SR 778
Minn. R. 6106.0060 Administration of Program
Subpart 1. Purpose, terms, and time frames.
This part establishes the roles, responsibilities, and authorities for administration of this chapter. For the purposes of this chapter:
A. "plan," "ordinance," and "plan and ordinance" mean Mississippi River Corridor Critical Area plans and ordinances, and updates or amendments to the plans and ordinances, prepared to implement this chapter; and
B. time frames are measured in calendar days.
Subp. 2. Responsibilities and authorities.
The standards and criteria for the Mississippi River Corridor Critical Area established in this chapter apply to:
A. the commissioner for reviewing and approving plans and ordinances and reviewing discretionary actions;
B. the Metropolitan Council for reviewing plans and ordinances;
C. local governments when preparing, amending, and administering plans and ordinances and reviewing and approving discretionary actions and permits required under this chapter; and
D. state or regional agencies, local park agencies, and special purpose units of government for permit regulation, plan development, and management activities within their jurisdiction and to the extent they have jurisdiction.
Subp. 3. Consistent plans and ordinances.
Local governments within the Mississippi River Corridor Critical Area must adopt, administer, and enforce plans and ordinances consistent with this chapter. Plans and ordinances must be submitted to the Metropolitan Council for review and must be approved by the commissioner before they are adopted as provided under part 6106.0070. For the purpose of this part, "consistent" means that each local plan and ordinance, while it may be structured or worded differently, meets the purpose, scope, and numeric thresholds and standards set forth in this chapter. Ordinances that are not consistent with this chapter require approval of flexibility from the commissioner according to part 6106.0070, subpart 6.
Subp. 4. Greater restrictions.
Nothing in this chapter shall be construed as prohibiting or discouraging a local government from adopting and enforcing plans and ordinances that are more restrictive than this chapter.
Subp. 5. Duties of commissioner.
The commissioner must:
A. consult with the United States Army Corps of Engineers, Minnesota Department of Transportation, National Park Service, and Metropolitan Council and other state or regional agencies, special purpose units of government, local governments, and local parks and recreation agencies to ensure that the Mississippi River Corridor Critical Area is managed as a multipurpose resource, according to Minnesota Statutes, section 116G.15, subdivision 2, paragraph (a);
B. provide advice and assistance to local governments in the Mississippi River Corridor Critical Area for development, adoption, administration, and enforcement of plans and ordinances, consistent with the purposes under part 6106.0020;
C. coordinate preparation, submission, review, and modification of plans and ordinances that are prepared by local governments as provided under part 6106.0070;
D. review and approve final draft plans and ordinances before adoption by a local government as provided under part 6106.0070; and
E. consult with those government units identified in subpart 1 that own or manage land within the Mississippi River Corridor Critical Area to ensure that they administer lands and programs under their jurisdictions consistent with this chapter.
Subp. 6. Duties of Metropolitan Council.
The Metropolitan Council must:
A. incorporate the standards and criteria in this chapter into the council's planning processes;
B. work with local governments and the commissioner to ensure that the standards and criteria in this chapter are adopted and implemented; and
C. provide written comments and recommendations to the commissioner on all proposed plans and ordinances submitted by local governments as provided under part 6106.0070.
Subp. 7. Duties of cities.
Cities must:
A. prepare or amend plans and ordinances to meet or exceed the minimum standards and criteria in this chapter and as provided under part 6106.0070;
B. submit proposed plans and ordinances that affect lands within the river corridor boundary to the Metropolitan Council for review and subsequent review and approval by the commissioner, before adoption as provided under part 6106.0070, subpart 3;
C. adopt, administer, and enforce plans and ordinances as provided under part 6106.0070, subpart 3;
D. send notice of public hearings to consider plans and ordinances, and amendments thereto, and other development requiring discretionary action affecting lands within the river corridor boundary to the following parties so that the parties receive the notice at least ten days before the public hearing:
E. send notice of final decisions for actions under item D, including findings of fact, within ten days following the final decision, to those parties listed under and in the manner prescribed by item D.
Subp. 8. Duties of counties and townships.
A. Counties must prepare or amend plans and may prepare ordinances consistent with this chapter under the authority of Minnesota Statutes, chapters 394 and 473, using the process set forth in subpart 7.
B. Townships must prepare or amend plans and ordinances consistent with this chapter under the authority of Minnesota Statutes, chapters 394, 462, and 473, using the process set forth in subpart 7. If a county has adopted ordinances under this part:
Subp. 9. Duties of state or regional agencies and other government entities.
Any state or regional agency, local park agency, or special purpose unit of government that owns or manages lands within the river corridor boundary must manage the lands under its authority in a manner consistent with this chapter.
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Minn. R. 6106.0070 Preparation, Review, and Approval of Plans and Ordinances
Subpart 1. Purpose.
The purpose of this part is to establish the process, responsibilities, time frames, content requirements, and evaluation criteria for preparation, review, and approval of plans and ordinances, in order to ensure an efficient process aligned with other regional and local planning processes.
Subp. 2. Adoption of plans and ordinances.
A. The commissioner, in consultation with the Metropolitan Council, shall notify local governments of the schedule for preparing or amending plans and ordinances consistent with this chapter. The schedule must align as closely as possible with the comprehensive plan update schedule under Minnesota Statutes, section 473.864.
B. All plans and ordinances adopted by local governments pursuant to Executive Order 79-19 that are in existence on January 4, 2017, remain in effect and must be enforced until plans and ordinances are amended consistent with this chapter, approved by the commissioner, and adopted by the local government as provided under subpart 3.
C. Where a local government has not adopted plans and ordinances pursuant to Executive Order 79-19, development must be governed by this chapter until such time as plans and ordinances consistent with this chapter are approved by the commissioner and adopted by the local government as provided under subpart 3.
D. The adoption of plans and ordinances consistent with this chapter does not limit or modify the rights of a person to complete a development that has previously been authorized as provided under Minnesota Statutes, section 116G.13.
Subp. 3. Plan and ordinance review.
A. Within one year of notification from the commissioner according to subpart 2, local governments must prepare or amend plans and ordinances consistent with this chapter. The commissioner shall grant extensions to local governments if requested in writing and if the local government demonstrates it has made a good-faith effort to meet the deadline specified in this subpart. The extension, if granted, must include a timetable and plan for completion of the ordinance.
B. Local governments must formally submit drafts of plans and ordinances to the Metropolitan Council and the commissioner for review, in a format prescribed by the commissioner.
C. If ordinances prepared under item B refer to standards in underlying zoning, then the underlying zoning documents must be submitted and considered in combination with the ordinance. Both the ordinance and underlying zoning standards must be consistent with this chapter. Ordinances not consistent with this chapter must be submitted as part of a flexibility request according to subpart 6.
D. The commissioner and the Metropolitan Council must review the plan or ordinance and communicate a decision to the local government as follows:
E. Upon completing the review, the commissioner must take an action under subitem (1) or (2) and provide a copy of the decision to the Metropolitan Council and the National Park Service:
F. When the commissioner returns a draft plan and ordinance to the local government for modification, the local government must revise the draft plan and ordinance within 60 days after receipt of the commissioner's written explanation and must resubmit the revised draft plan and ordinance to the commissioner. Upon receiving the revised draft plan and ordinance from the local government, the Metropolitan Council and the commissioner must conduct the review as provided under item D.
G. Within 60 days after receiving the commissioner's approval of a draft plan or ordinance, the local government must adopt the commissioner-approved draft plan and ordinance. The local government must submit a copy of the final adopted plan and ordinance, with evidence of adoption, to the commissioner, the Metropolitan Council, and the National Park Service within ten days after the adoption.
H. Only those plans and ordinances approved by the commissioner have the force and effect of law.
I. Once in effect, the local government must implement and enforce the commissioner-approved plan and ordinance.
J. If a local government fails to prepare and submit a draft plan and ordinance within one year of notification as provided under item A, fails to incorporate necessary modifications as provided under item E, subitem (2), or fails to adopt the commissioner-approved plan or ordinance as provided under item G, the commissioner must:
K. Plans and ordinances that have been adopted by the commissioner under this subpart have the same effect as if adopted by the local government and must be administered and enforced by the local government.
L. Local governments may amend plans and ordinances at any time following the procedures under items C to I.
M. Plans must be updated regularly on the same schedule as other comprehensive plan elements according to Minnesota Statutes, section 473.864, and in a manner consistent with items C to I.
Subp. 4. Contents of plans.
A. The plan must be a component of the local government's comprehensive plan prepared according to Minnesota Statutes, section 473.859, and must be consistent with the purposes and scope of this chapter.
B. Plans must contain maps, policies, and implementation provisions to:
Subp. 5. Contents of ordinances.
A. Local ordinances must be consistent with the standards in this chapter and must include:
B. The local ordinance must be structured as an overlay district. If a conflict exists with underlying zoning, the provisions of the overlay district govern. Where specific numeric thresholds or standards are listed in this chapter, those numeric thresholds or standards must be included in the overlay district.
Subp. 6. Flexibility requests for ordinances.
A. Local governments may, under special circumstances and with the commissioner's prior approval, adopt ordinances that are not consistent with this chapter, provided that the purposes of Minnesota Statutes, section 116G.15, are met and the ordinance is consistent with the plan prepared by the local government and approved according to this chapter. Special circumstances include the following situations:
B. A local government requesting ordinance flexibility must submit a written request to the commissioner as part of the ordinance submittal required under subpart 3. The request must:
C. Within 60 days after receiving a complete request for ordinance flexibility as provided in item B, the commissioner must:
Subp. 7. Plans and projects for parks and other public lands.
State or regional agencies, local park agencies, special purpose units of government, and local governments with parks or other public lands within their jurisdiction must comply with the standards and criteria in this chapter. The agencies and government entities must include the following elements in plans and project designs for parks and other public lands they own or manage within the Mississippi River Corridor Critical Area:
A. documentation of the location of the park or other owned or managed land within the Mississippi River Corridor Critical Area and recognition of the purposes of the Mississippi River Corridor Critical Area designation and this chapter;
B. standards for public utilities and facilities consistent with those in part 6106.0130; and
C. provisions for protection of primary conservation areas and public river corridor views.
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Minn. R. 6106.0080 Administrative Provisions for Ordinances
Subpart 1. Purpose.
The purpose of this part is to identify administrative provisions that must be included in local ordinances to ensure that ordinances are administered consistent with the purposes of this chapter.
Subp. 2. Variances.
A. A local government must consider applications for variances in a manner consistent with Minnesota Statutes, sections 394.27, subdivision 7, and 462.357, subdivision 6. The local government's review must consider the potential impacts of a proposed variance on primary conservation areas, public river corridor views, and other resources identified in the local government's plan.
B. If a local government determines that a variance would negatively affect primary conservation areas, public river corridor views, or other identified resources, mitigation is required. Mitigation must be proportional to, have a relationship to, and offset the impact on the affected resource as provided in subpart 5.
C. The local government's findings of fact accompanying the issuance of any variance must include a finding and evidence supporting a finding that the requested variance is consistent with the purposes and scope of this chapter.
Subp. 3. Nonconformities.
A. The purpose of this subpart is to allow uses and structures that came into existence legally prior to January 4, 2017, and in conformance with then-applicable requirements to continue to exist and be put to productive use.
B. Nonconformities must be regulated by local governments in a manner consistent with Minnesota Statutes, sections 394.36 and 462.357, subdivision 1e.
C. Local governments may choose to allow lateral expansion of legally nonconforming principal structures that do not meet the setback requirements in part 6106.0120, provided that:
D. New structures erected in conformance with the setback averaging provisions of part 6106.0120, subpart 3, item D, are considered to be in conformance with local ordinance requirements.
E. Site alterations that were legally made prior to the effective date of local ordinances adopted under this chapter are considered conforming. Site alterations include vegetation, erosion control, stormwater control measures, and other nonstructural site improvements. Expansion of site alterations must comply with this chapter.
Subp. 4. Conditional and interim use permits.
A. In addition to meeting the requirements of Minnesota Statutes, sections 394.301, 394.303, 462.3595, and 462.3597, a local government's review of conditional and interim uses must consider potential impacts of the conditional or interim use on primary conservation areas, public river corridor views, and other resources identified in a local government's plan.
B. When evaluation and assessment identify a negative impact under item A, issuance of a conditional or interim use permit must include conditions for mitigation according to subpart 5.
Subp. 5. Mitigation.
A. In evaluating a request for a variance or conditional or interim use permit, if a local government identifies a potential negative impact to primary conservation areas, public river corridor views, or other resources identified in the local government's plan, the variance or conditional or interim use permit must require mitigation.
B. Mitigation must be directly related to and must bear a rough proportionality to the impact of the project on primary conservation areas, public river corridor views, and other resources identified in the local government's plan.
Subp. 6. Project information.
A. An applicant must submit relevant information to the responsible local government to evaluate how any development that requires discretionary action or a permit under this chapter complies with the plans and ordinances adopted under this chapter.
B. In addition to local government requirements, project information must include the following, unless the responsible local government determines that the information is not necessary:
Subp. 7. Accommodating disabilities.
Ramps or other facilities to provide persons with disabilities access to the persons' property, as required by the federal Americans with Disabilities Act and the federal Fair Housing Act and as provided by chapter 1341, are allowed, subject to the following standards:
A. parts 6106.0120 to 6106.0180 must be complied with, except as provided in item B; and
B. when parts 6106.0120 to 6106.0180 cannot be complied with, the local government may issue an interim use permit to allow ramps or other facilities that do not comply with those parts. Upon expiration of the interim use permit, the ramp or other facilities must be removed.
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Minn. R. 6106.0090 Incorporations by Reference
The following documents are incorporated by reference as guidance for complying with the plans and ordinances adopted under this chapter. Unless specified otherwise, these documents are not subject to frequent change and are available through the Minitex interlibrary loan system:
A. The Minnesota Stormwater Manual, Minnesota Pollution Control Agency (2013 and as subsequently amended);
B. Conserving Wooded Areas in Developing Communities: Best Management Practices in Minnesota, Minnesota Department of Natural Resources (1999 and as subsequently amended);
C. Design Handbook for Recreational Boating and Fishing Facilities, States Organization for Boating Access (2006 and as subsequently amended);
D. Trail Planning, Design, and Development Guidelines, Minnesota Department of Natural Resources (2007 and as subsequently amended);
E. Native Vegetation Establishment and Enhancement Guidelines, Minnesota Board of Water and Soil Resources (2015 and as subsequently amended), available online at http://www.bwsr.state.mn.us/native_vegetation/;
F. Shoreline Alterations: Riprap, Minnesota Department of Natural Resources (2012 and as subsequently amended), available online at http://www.dnr.state.mn.us/publications/waters/shoreline_alteration.html; and
G. Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, Minnesota Department of Natural Resources (2014 and as subsequently amended), available online at http://www.dnr.state.mn.us/waters/watermgmt_section/pwpermits/gp_2004_0001_manual.html.
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Minn. R. 6106.0100 Districts
Subpart 1. Establishment of districts.
For purposes of this chapter, six districts are established in the Mississippi River Corridor Critical Area, as described in this part, to protect and enhance the resources and features identified in Minnesota Statutes, section 116G.15, subdivision 3.
Subp. 2. Purpose.
The six districts are established based on the natural and built character of different areas of the river corridor. All districts include diverse land uses, including parks and open space and scenic, natural, and historic areas.
Subp. 3. Rural and open space district (CA-ROS).
A. The rural and open space district (CA-ROS) is characterized by rural and low-density development patterns and land uses, and includes land that is riparian or visible from the river, as well as large, undeveloped tracts of high ecological and scenic value, floodplain, and undeveloped islands. Many primary conservation areas exist in the district.
B. The CA-ROS district must be managed to sustain and restore the rural and natural character of the corridor and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas.
Subp. 4. River neighborhood district (CA-RN).
A. The river neighborhood district (CA-RN) is characterized by primarily residential neighborhoods that are riparian or readily visible from the river or that abut riparian parkland. The district includes parks and open space, limited commercial development, marinas, and related land uses.
B. The CA-RN district must be managed to maintain the character of the river corridor within the context of existing residential and related neighborhood development, and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas. Minimizing erosion and the flow of untreated stormwater into the river and enhancing habitat and shoreline vegetation are priorities in the district.
Subp. 5. River towns and crossings district (CA-RTC).
A. The river towns and crossings district (CA-RTC) is characterized by historic downtown areas and limited nodes of intense development at specific river crossings, as well as institutional campuses that predate designation of the Mississippi River Critical Corridor Area and that include taller buildings.
B. The CA-RTC district must be managed in a manner that allows continued growth and redevelopment in historic downtowns and more intensive redevelopment in limited areas at river crossings to accommodate compact walkable development patterns and connections to the river. Minimizing erosion and the flow of untreated stormwater into the river, providing public access to and public views of the river, and restoring natural vegetation in riparian areas and tree canopy are priorities in the district.
Subp. 6. Separated from river district (CA-SR).
A. The separated from river district (CA-SR) is characterized by its physical and visual distance from the Mississippi River. The district includes land separated from the river by distance, topography, development, or a transportation corridor. The land in this district is not readily visible from the Mississippi River.
B. The CA-SR district provides flexibility in managing development without negatively affecting the key resources and features of the river corridor. Minimizing negative impacts to primary conservation areas and minimizing erosion and flow of untreated stormwater into the Mississippi River are priorities in the district.
Subp. 7. Urban mixed district (CA-UM).
A. The urban mixed district (CA-UM) includes large areas of highly urbanized mixed use that are a part of the urban fabric of the river corridor, including institutional, commercial, industrial, and residential areas and parks and open space.
B. The CA-UM district must be managed in a manner that allows for future growth and potential transition of intensely developed areas that does not negatively affect public river corridor views and that protects bluffs and floodplains. Restoring and enhancing bluff and shoreline habitat, minimizing erosion and flow of untreated stormwater into the river, and providing public access to and public views of the river are priorities in the district.
Subp. 8. Urban core district (CA-UC).
A. The urban core district (CA-UC) includes the urban cores of Minneapolis and St. Paul.
B. The CA-UC district must be managed with the greatest flexibility to protect commercial, industrial, and other high-intensity urban uses, while minimizing negative impacts to primary conservation areas and minimizing erosion and flow of untreated stormwater into the river. Providing public access to and public views of the river are priorities in the district.
Subp. 9. District boundaries.
A. The physical boundaries of each district are delineated in the Mississippi River Corridor Critical Area District Map, Minnesota Department of Natural Resources (2016 and as subsequently amended). The map is incorporated by reference, is not subject to frequent change, and is available on the department's website at www.dnr.state.mn.us/waters/watermgmt_section/critical_area/index.html. The commissioner must maintain the map and must amend the map as provided in item C.
B. The district boundary lines on the Mississippi River Corridor Critical Area District Map are intended to follow the center lines of rivers and streams, highways, streets, lot lines, and municipal boundaries, unless a boundary line is otherwise indicated on the map. Where district boundaries cross unsubdivided property, the district boundary line is determined by use of dimensions or the scale appearing on the map.
C. The boundaries of a district established under this part must be amended according to subitems (1) to (3).
D. This subpart does not apply to the defined river corridor boundary.
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Minn. R. 6106.0110 Uses
Subpart 1. Underlying zoning.
Uses permissible within the Mississippi River Corridor Critical Area are generally determined by the local government's underlying zoning, with additional provisions for certain uses as specified by this part.
Subp. 2. Agricultural use.
Where agricultural use is allowed by the local government, perennial ground cover is required within 50 feet of the ordinary high water level and within the bluff impact zone.
Subp. 3. Feedlots.
New animal feedlots and manure storage areas are prohibited. Existing animal feedlots and manure storage areas must conform with chapter 7020.
Subp. 4. Forestry.
Where forestry is allowed by the local government, tree harvesting and biomass harvesting within woodlands, and associated reforestation, must be consistent with recommended practices in Conserving Wooded Areas in Developing Communities: Best Management Practices in Minnesota, incorporated by reference under part 6106.0090.
Subp. 5. Nonmetallic mining.
If allowed by the local government, nonmetallic mining requires a conditional use permit or interim use permit issued by the local government, subject to the following:
A. new nonmetallic mining is prohibited within the shore impact zone and bluff impact zone and within the required structure setback from the bluffline;
B. processing machinery must be located consistent with setback standards for structures as provided in part 6106.0120;
C. only one barge loading area, which must be limited to the minimum size practicable, is permitted for each mining operation;
D. new and, where practicable, existing nonmetallic mining operations must not be readily visible and must be screened by establishing and maintaining natural vegetation. The unscreened boundaries of nonmetallic mining areas are limited to only the barge loading area;
E. a site management plan must be developed by the operator and approved by the local government before new nonmetallic mining commences. Operations must be consistent with the site plan throughout the duration of operations at the site. The site management plan must:
F. existing and new nonmetallic mining operations must submit land reclamation plans to the local government compatible with the purposes of this chapter.
Subp. 6. River-dependent uses.
River-dependent uses must comply with items A to C.
A. Structures and parking areas, except shoreline facilities and private roads and conveyances serving river-dependent uses as provided in part 6106.0180, must meet the dimensional and performance standards in this chapter, must be designed so that they are not readily visible, and must be screened by establishing and maintaining natural vegetation.
B. Shoreline facilities must comply with chapter 6115 and must:
C. Dredging and placement of dredged material are subject to existing federal and state permit requirements and agreements.
Subp. 7. Wireless communication facilities.
Wireless communication facilities require a conditional use permit or interim use permit issued by the local government. In addition to the conditional use permit or interim use permit requirements under part 6106.0080, the following conditions apply:
A. the applicant must demonstrate that functional coverage cannot be provided through co-location, a tower at a lower height, or a tower at a location outside the Mississippi River Corridor Critical Area;
B. the tower must not be located in the bluff impact zone or shore impact zone; and
C. placement of the tower must minimize impacts on public river corridor views.
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Minn. R. 6106.0120 Dimensional Standards
Subpart 1. Purpose.
The purpose of this part is to establish dimensional standards that protect primary conservation areas and public river corridor views from impacts of development and ensure that new development is sited in locations consistent with part 6106.0020.
Subp. 2. Structure height.
A. Structures, including accessory structures as defined by local ordinance, must be no taller than the heights specified for each district:
B. For the purposes of this subpart, height is determined by applicable local government zoning regulations, provided it is measured on the side of the structure facing the Mississippi River.
C. The height requirements in item A do not apply to those structures and facilities identified in part 6106.0180 as exempt from these requirements, but meeting the setback requirements of subpart 3.
D. In addition to the conditional use permit requirements in part 6106.0080, criteria for considering whether to grant a conditional use permit for buildings exceeding the height limits in item A must include:
Subp. 3. Location of structures.
A. Structures and impervious surfaces must not be located in the shore impact zone and must meet the following setback requirement from the ordinary high water level of the Mississippi River and other waters within the Mississippi River Corridor Critical Area, as specified for each district:
B. Structures and impervious surfaces must not be located in the bluff impact zone and must meet the following setback requirements from the bluffline as specified for each district:
C. The requirements in items A and B do not apply to those structures and facilities listed in part 6106.0180 as exempt from these requirements.
D. Where principal structures exist on the adjoining lots on both sides of a proposed building site, the minimum setback may be altered to conform to the average of the adjoining setbacks, provided that the new structure's scale and bulk riverward or bluffward of the setbacks required under items A and B are consistent with adjoining development. No structures or impervious surfaces are allowed within the bluff impact zone or shore impact zone, except as specified under part 6106.0180.
E. Subsurface sewage treatment systems, including the septic tank and absorption area, must be located at least 75 feet from the ordinary high water level of the Mississippi River and all other public waters within the Mississippi River Corridor Critical Area.
Subp. 4. Standards for new lots.
A. Where lots are created after January 4, 2017, lot area and width standards must comply with the requirements of the underlying zoning, except the width of lots abutting the Mississippi River in the CA-ROS district must be at least 200 feet, unless alternative design methods are used that provide greater protection of the riparian areas.
B. New lots must have adequate buildable area to comply with the setback requirements in subpart 3.
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Minn. R. 6106.0130 General Development Standards for Public Facilities
Subpart 1. Purpose and scope.
The purpose of this part is to establish standards for public facilities that are consistent with best management practices and that protect primary conservation areas. Public facilities serve the public interest by providing public access to the Mississippi River corridor or require locations in or adjacent to the river corridor and therefore require some degree of flexibility.
Subp. 2. Definition of terms.
For the purpose of this part, "public facilities" means public utilities, public transportation facilities, and public recreational facilities.
Subp. 3. General design standards.
All public facilities must be designed and constructed to:
A. minimize visibility of the facility to the extent consistent with the purpose of the facility;
B. comply with the dimensional standards in part 6106.0120, except as provided in part 6106.0180;
C. be consistent with the vegetation management standards in part 6106.0150, subpart 5, and the land alteration and stormwater management standards in part 6106.0160, including use of practices identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-001, incorporated by reference under part 6106.0090, where applicable. State or regional agencies, special purpose units of government, local park agencies, and local units of government with parks within their jurisdiction are not required to obtain a vegetation management or land alteration permit under part 6106.0150 or 6106.0160, but must apply the standards and criteria that would be applied by local government, were a permit required;
D. avoid primary conservation areas, unless no alternative exists. If no alternative exists, then disturbance to primary conservation areas must be avoided to the greatest extent practicable, and design and construction must minimize impacts; and
E. minimize disturbance of spawning and nesting times by scheduling construction at times when local fish and wildlife are not spawning or nesting.
Subp. 4. Right-of-way maintenance standards.
Right-of-way maintenance for public facilities is subject to the following standards:
A. vegetation currently in a natural state must be maintained to the extent feasible;
B. where vegetation in a natural state has been removed, native plants must be planted and maintained on the right-of-way; and
C. chemical control of vegetation must be avoided when practicable, but when chemical control is necessary, chemicals used must be in accordance with the rules, regulations, and other requirements of all state and federal agencies with authority over the chemical's use.
Subp. 5. Crossings of public water or public land.
Crossings of public waters or land controlled by the commissioner are subject to approval by the commissioner according to Minnesota Statutes, sections 84.415 and 103G.245. The commissioner must give primary consideration to crossings that are proposed to be located within or adjoining existing rights-of-way for public transportation and public utilities.
Subp. 6. Public utilities.
Public utilities must, at a minimum, comply with the following standards:
A. high-voltage transmission lines, wind energy conversion systems greater than five megawatts, and pipelines are regulated according to Minnesota Statutes, chapters 216E, 216F, and 216G, respectively; and
B. if overhead placement is necessary, utility crossings must be hidden from view as much as practicable. The appearance of structures must be as compatible as practicable with the surrounding area in a natural state with regard to height and width, materials used, and color.
Subp. 7. Public transportation facilities.
Where public transportation facilities intersect or abut two or more of the districts established under part 6106.0100, the least restrictive standards apply. Public transportation facilities must be designed and constructed to give priority to:
A. providing scenic overlooks for motorists, bicyclists, and pedestrians;
B. providing safe pedestrian crossings and facilities along the river corridor;
C. providing access to the riverfront in public ownership; and
D. allowing for use of the land between the river and the transportation facility.
Subp. 8. Public recreational facilities.
A. Buildings and parking associated with public recreational facilities, except as provided under part 6106.0180, must meet the dimensional standards in part 6106.0120 and must not be placed within the bluff impact zone or shore impact zone.
B. Roads and driveways associated with public recreational facilities must not be placed in the bluff impact zone or shore impact zone unless no other placement alternative exists. If no alternative exists, then design and construction must minimize impacts to shoreline vegetation, erodible soils and slopes, and other sensitive resources.
C. Trails, access paths, and viewing areas associated with public recreational facilities and providing access to or views of the Mississippi River are allowed within the bluff impact zone or shore impact zone if design, construction, and maintenance methods are consistent with the best management practice guidelines in Trail Planning, Design, and Development Guidelines, incorporated by reference under part 6106.0090.
D. Public water access facilities are subject to the following requirements:
E. Public signs and kiosks for interpretive or directional purposes are allowed in the bluff impact zone or shore impact zone, provided they are placed and constructed to minimize disturbance to these areas and avoid visual impacts on public river corridor views.
F. Public stairways, lifts, and landings must be designed as provided in part 6106.0140, subpart 5, item C.
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Minn. R. 6106.0140 General Development Standards for Private Facilities
Subpart 1. Purpose.
The purpose of this part is to provide design standards for private facilities within the Mississippi River Corridor Critical Area that are consistent with best management practices and that minimize impacts to primary conservation areas and other identified resources.
Subp. 2. Definition.
For the purpose of this part, "private facilities" means private roads, driveways, and parking areas; private water access and viewing facilities; decks and patios in setback areas; and private signs.
Subp. 3. General design standards.
All private facilities must be developed in accordance with the land alteration, vegetation, and stormwater management requirements in parts 6106.0150 and 6106.0160.
Subp. 4. Private roads, driveways, and parking areas.
Except as provided in part 6106.0180, private roads, driveways, and parking areas must:
A. be designed and constructed to take advantage of natural vegetation and topography so that they are not readily visible;
B. comply with structure setback requirements according to part 6106.0120; and
C. not be placed within the bluff impact zone or shore impact zone, unless exempt under part 6106.0180 and designed consistent with part 6106.0130, subpart 3.
Subp. 5. Private water access and viewing facilities.
A. Private access paths must be no more than:
B. Private water access ramps must:
C. Design and construction of private stairways, lifts, and landings are subject to the following standards:
D. One water-oriented accessory structure is allowed for each riparian lot or parcel less than 300 feet in width at the ordinary high water level, with one additional water-oriented accessory structure allowed for each additional 300 feet of shoreline on the same lot or parcel. Water-oriented accessory structures are prohibited in the bluff impact zone and must:
Subp. 6. Decks and patios in setback areas.
Local governments may allow decks and at-grade patios to encroach into the required setbacks from the ordinary high water level and blufflines without a variance, in compliance with parts 6106.0150 and 6106.0160, provided that:
A. the encroachment of the deck or patio into the required setback area does not exceed 15 percent of the required structure setback;
B. the area of the deck or patio that extends into the required setback area occupies no more than 25 percent of the total area between the required setback and the 15 percent allowance, using the formula below: [required setback depth (feet) x 0.15 x lot width (feet) x 0.25 = maximum total area]; and
C. the deck or patio does not extend into the bluff impact zone.
Subp. 7. Private signs.
Placement of signs is guided by the local government's underlying zoning, with the additional provisions in items A and B.
A. If the local government allows off-premise advertising signs, the signs must:
B. If the local government allows directional signs for patrons arriving at a business by watercraft, the signs:
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Minn. R. 6106.0150 Vegetation Management Standards
Subpart 1. Purpose.
The purpose of this part is to establish standards that:
A. sustain and enhance the biological and ecological functions of vegetation;
B. preserve the natural character and topography of the Mississippi River Critical Corridor Area; and
C. maintain stability of bluffs and steep slopes and ensure stability of other areas prone to erosion.
Subp. 2. Applicability.
This part applies to:
A. shore impact zones;
B. areas within 50 feet of a wetland or natural drainage way;
C. bluff impact zones;
D. areas of native plant communities; and
E. significant vegetative stands identified in local governments' adopted plans.
Subp. 3. General provisions.
A. Intensive vegetation clearing is prohibited, except for the following activities, which are allowed by local permit:
B. The following activities are allowed without a permit:
C. Local governments must not restrict the height of ground cover vegetation in the areas listed under subpart 2, items A to E.
Subp. 4. Permit process.
A. Local governments must regulate intensive vegetation clearing activities identified in subpart 3, item A, through a permit process.
B. Local government may create a new administrative permit process or use an existing one for intensive vegetation clearing. Appeals of local government decisions on permits are subject to Minnesota Statutes, section 462.357, subdivision 6.
C. Local governments may delegate the permitting responsibilities described in this subpart to a resource agency or other qualified agent as determined by the local government.
D. Local governments must require permit applicants to submit information as needed to evaluate permits for consistency with the standards and requirements of this part and parts 6106.0080, subpart 6, and 6106.0160.
E. Local governments must grant the permit, deny the permit, or grant the permit with conditions necessary to achieve the purposes of this part, as provided under subpart 5.
Subp. 5. Permit conditions.
In reviewing and approving permit applications, the local government must ensure through permit conditions that the following performance standards are met:
A. development is sited to minimize removal of or disturbance to natural vegetation;
B. soil, slope stability, and hydrologic conditions are suitable for the proposed work as determined by a professional engineer or resource agency;
C. clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual impacts to public river corridor views;
D. any native plant communities removed are replaced with vegetation that provides equivalent biological and ecological functions. If replaced, priorities for restoration are stabilization of erodible soils, restoration or enhancement of shoreline vegetation, and revegetation of bluffs or steep slopes visible from the river;
E. all other vegetation removed is restored with natural vegetation to the greatest extent practicable. Priorities for replacement are the same as under item D;
F. any disturbance of highly erodible soils is replanted with deep-rooted vegetation with a high stem density;
G. vegetation removal activities are conducted so as to expose the smallest practical area of soil to erosion for the least possible time; and
H. other conditions as determined necessary by the local government to achieve the purpose of this part.
Subp. 6. Vegetation restoration plan requirements.
A. Reestablishment of natural vegetation is required:
B. The vegetation restoration plan must:
C. The local government must issue a certificate of compliance after determining that the restoration requirements of item B have been satisfied.
D. Vegetation management and restoration activities must be guided by Native Vegetation Establishment and Enhancement Guidelines, incorporated by reference under part 6106.0090.
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Minn. R. 6106.0160 Land Alteration and Stormwater Management Standards
Subpart 1. Purpose.
The purpose of this part is to establish standards that:
A. protect water quality from pollutant loadings of sediment, nutrients, bacteria, and other contaminants; and
B. maintain stability of bluffs, shorelines, and other areas prone to erosion.
Subp. 2. Definitions.
For the purpose of this part:
A. "fully reconstructs" means the reconstruction of an existing impervious surface that involves site grading and subsurface excavation so that soil is exposed. Mill and overlay and other resurfacing activities are not considered fully reconstructed;
B. "stormwater management facilities" means facilities for the collection, conveyance, treatment, or disposal of stormwater; and
C. "water quality impact zone" means land within the shore impact zone or within 50 feet of the boundary of a public water, wetland, or natural drainage way, whichever is greater.
Subp. 3. Land alteration.
A. Within the bluff impact zone, land alteration is prohibited, except for the following which are allowed by local government permit:
B. Within the water quality impact zone, land alteration that involves a volume of more than ten cubic yards of material or affects an area greater than 1,000 square feet requires a permit from the local government, meeting the standards in subparts 5 and 6.
Subp. 4. Rock riprap, retaining walls, and other erosion control structures.
A. Construction, repair, or replacement of rock riprap, retaining walls, and other erosion control structures located at or below the ordinary high water level must comply with parts 6115.0215, subpart 4, item E, and 6115.0216, subpart 2. The work must not proceed unless approved by the commissioner as meeting all requirements for work in public waters.
B. Construction or replacement of rock riprap, retaining walls, and other erosion control structures within the bluff impact zone and the water quality impact zone are allowed by local government permit provided that:
C. Repair of existing rock riprap retaining walls and other erosion control structures above the ordinary high water level does not require a local government permit, provided it does not involve any land alteration.
D. Nothing in this subpart shall be construed to waive any other permit requirements that are required by law.
Subp. 5. Permit process.
Local governments must regulate activities identified in subparts 3 and 4 through a permit process consistent with subpart 6 and part 6106.0150, subpart 4.
Subp. 6. Permit conditions.
In reviewing and approving land alteration permit applications, the local government must ensure that:
A. temporary and permanent erosion and sediment control measures retain sediment onsite consistent with best management practices in the Minnesota Stormwater Manual, incorporated by reference under part 6106.0090;
B. natural site topography, soil, and vegetation conditions are used to control runoff and reduce erosion and sedimentation;
C. construction activity is phased when possible;
D. all erosion and sediment controls are installed before starting any land disturbance activity;
E. erosion and sediment controls are maintained to ensure effective operation;
F. the proposed work is consistent with the vegetation standards in part 6106.0150; and
G. best management practices for protecting and enhancing ecological and water resources identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-001, incorporated by reference under part 6106.0090, are implemented where applicable, regardless of project type.
Subp. 7. Stormwater management.
A. In the bluff impact zone, stormwater management facilities are prohibited, except by local government permit if:
B. In the water quality impact zone, development that creates new impervious surface, as allowed by exemption in part 6106.0180, or fully reconstructs existing impervious surface of more than 10,000 square feet requires a postconstruction stormwater management permit from the local government consistent with the following:
C. In all other areas of the Mississippi River Critical Corridor Area, stormwater runoff must be directed away from the bluff impact zone or unstable areas.
Subp. 8. Development on steep slopes.
A local government may allow structures, impervious surfaces, land alteration, vegetation removal, or construction activities on steep slopes if:
A. the applicant can demonstrate that the development can be accomplished without increasing erosion or stormwater runoff;
B. the soil types and geology are suitable for the proposed development; and
C. vegetation is managed according to the requirements of this part.
Subp. 9. Compliance with other plans and programs.
All development must:
A. be consistent with Minnesota Statutes, chapter 103B, and local water management plans completed under chapter 8410;
B. meet or exceed the wetland protection standards under chapter 8420; and
C. meet or exceed the floodplain management standards under chapter 6120.
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Minn. R. 6106.0170 Subdivision and Land Development Standards
Subpart 1. Purpose.
The purposes of this part are to:
A. protect and enhance the natural and scenic values of the Mississippi River Critical Corridor Area during development or redevelopment of the remaining large sites within the corridor;
B. establish standards for protecting and restoring biological and ecological functions of primary conservation areas on large sites; and
C. encourage restoration of natural vegetation during development or redevelopment of large sites, where restoration opportunities have been identified in local plans.
Subp. 2. Applicability.
A. Except as provided in item B, this part applies to the following developments involving ten or more acres for parcels that abut the Mississippi River and 20 or more acres for all other parcels within the river corridor boundary, including smaller individual sites within the following developments that are part of a common plan of development but may be constructed at different times:
B. The following activities are exempt from this part:
Subp. 3. Project information.
Local governments must require detailed project information and provide for preproject review of all proposed subdivisions, redevelopments, and planned unit developments as provided under part 6106.0080, subpart 6.
Subp. 4. Design standards.
A. Local government ordinances must contain provisions, including incentives, for alternative design methods such as conservation design, transfer of development density, or other zoning and site design techniques that achieve better protection or restoration of primary conservation areas.
B. Primary conservation areas, where they exist, must be set aside for protection as open areas as provided under item H. However, where primary conservation areas exceed the thresholds in subitems (1) to (4) as a percentage of a parcel, then only the percentage in subitems (1) to (4) must be set aside:
C. If the primary conservation areas exceed the maximum percentage established in item B, then the local government may determine which primary conservation areas are to be protected, with priority given to the protection of native plant communities and natural vegetation in riparian areas.
D. If primary conservation areas exist but do not have natural vegetation, then a vegetation assessment must be completed for the areas to be protected to determine whether vegetation restoration is needed. If restoration is needed, vegetation must be restored according to part 6106.0150, subpart 6.
E. If primary conservation areas do not exist on the parcel in question, the local government must determine whether any portions of the site have been identified as potential restoration areas in local plans, according to part 6106.0070, subpart 4. When such areas have been identified, vegetation must be restored consistent with a restoration plan according to part 6106.0150, subpart 6, and the restored area must be set aside as specified in item B.
F. Stormwater treatment areas or other green infrastructure may be used to meet the requirements of this subpart if the vegetation provides biological and ecological functions.
G. Any land dedicated for public access or public facilities according to subpart 5 may be counted toward the set-aside requirements of this subpart at the discretion of the local government.
H. Areas that have been set aside under item B must be protected through:
I. Permanent protection methods under item H must ensure, within the areas set aside, the long-term management of vegetation to meet its biological and ecological functions, prohibit structures, and prohibit land alteration, except as needed to provide public recreational facilities and access to the river.
J. Protected open areas must connect open space, natural areas, and recreational areas, where present on adjacent parcels, as much as possible to form an interconnected network.
Subp. 5. Land dedication.
Local governments that require dedication of land or equivalent amounts of cash for parks and open space under Minnesota Statutes, section 394.25, subdivision 7, or 462.358, subdivision 2b, must encourage dedication of lands suitable for riverfront access, parks, open space, stormwater management, or other public facilities within the Mississippi River Corridor Critical Area.
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Minn. R. 6106.0180 Exemptions from Setbacks, Height Limits, and Other Requirements
Uses and activities not specifically exempted under this part must comply with this chapter. All exemptions in the shore impact zone (SIZ) and bluff impact zone (BIZ) are also subject to the vegetation management standards in part 6106.0150 and the land alteration and stormwater management standards in part 6106.0160. In the table, "E" means that the use is exempt; "(E)" means that the use is allowed only if no alternatives exist, and "N" means that the use is not exempt and must meet the standards in this chapter.
- River-dependent commercial, industrial, and utility structures are exempt from height limits only if greater height is required for operational reasons.
History
- Statutory Authority: MS s 116G.15
- History: 41 SR 799
Chapter 6110 WATER SAFETY; WATER SURFACE USE
Minn. R. 6110.0100 Application for Watercraft License
Application for a watercraft license shall be made to the commissioner of natural resources or authorized agents on a form the commissioner shall provide. The commissioner may specify the information required on the application, including that which may be required by federal regulation. A watercraft license number and certificate shall be issued by the commissioner upon receipt of the fee prescribed by law.
History
- Statutory Authority: MS s 86B.211; 361.25
- History: 15 SR 2430
Minn. R. 6110.0200 Display of License Certificate
No person shall operate or use a watercraft, except a nonmotorized canoe, kayak, sailboat, sailboard, paddle board, paddle boat, or rowing shell required to be licensed unless the license certificate for such watercraft is on board and available for inspection by authorized enforcement officers. Owners of nonmotorized canoes, kayaks, sailboats, sailboards, paddle boards, paddle boats, or rowing shells shall produce the license certificate for such watercraft within a reasonable time upon request of authorized enforcement officers. The owner of rental watercraft may keep the license certificate available for inspection on the premises from which the watercraft is rented, provided that the owner's business is legibly printed on the rear half and on both sides of the watercraft in the same size and manner as required for the license number in part 6110.0300.
History
- Statutory Authority: MS s 14.388; 361.25
- History: 7 SR 1121; 39 SR 860
Minn. R. 6110.0300 Display of License Number and Validation Decal on Motorized Watercraft
The license number on all watercraft, except nonmotorized canoes, kayaks, sailboats, sailboards, paddle boards, paddle boats, and rowing shells shall be securely affixed on each side of the forward half of the watercraft for which it was issued in such a position as to provide clear and legible identification. The letters and numerals must be of a color that contrasts with the background and may be decals or metal or may be painted. The letters and numerals shall read from left to right and shall not be less than three inches in height, of block type, of a stroke not less than one-half inch or more than three-fourths inch in width, not including a border. The license number shall be maintained so that it is clearly visible and legible, and the letter groups must be separated from the numeral groups by a space of not less than three inches nor more than four inches. Adjacent letters and numerals within each group must be spaced not less than one-half inch nor more than three-fourths inch apart. A state validation decal for the current license period must be affixed toward the stern of the boat and not more than four inches from the first or last letter of the license number on each side of the boat.
History
- Statutory Authority: MS s 14.388; 86B.211; 361.25
- History: 7 SR 1121; 15 SR 2430; 39 SR 860
Minn. R. 6110.0400 Marking of Nonmotorized Canoes, Kayaks, Paddle Boards, Paddle Boats, and Rowing Shells
All nonmotorized canoes, kayaks, paddle boards, paddle boats, and rowing shells shall display decals furnished by the Department of Natural Resources for such watercraft. These decals shall be securely affixed on each side of the forward half of the watercraft for which the decal was issued, in such a position as to provide clear and legible identification. If it is impossible to display the decals on the forward half of the paddle board so as to provide clear and legible identification, both decals must then be affixed to the stern of the paddle board.
History
- Statutory Authority: MS s 14.388; 361.25
- History: 7 SR 1121; 39 SR 860
Minn. R. 6110.0500 Marking of Nonmotorized Sailboats and Sailboards
All nonmotorized sailboats and sailboards shall display the decals furnished by the Department of Natural Resources for such watercraft. These decals shall be securely affixed on each side of the forward half of the watercraft for which it was issued, in such a position as to provide clear and legible identification. If it is impossible to display such decals on the forward half of such watercraft so as to provide clear and legible identification both decals must then be affixed to the stern of such watercraft.
History
- Statutory Authority: MS s 361.25
Minn. R. 6110.0600 Expired Validation Decal
All expired or otherwise invalid state validation decals shall be removed from the watercraft for which they were issued or completely covered by placement of the current decal so that only the current decal is visible.
History
- Statutory Authority: MS s 361.25
Minn. R. 6110.0700 Other Insignia
No person shall operate any watercraft, except a nonmotorized canoe, kayak, rowing shell, sailboard, paddle boat, or sailboat, which has any number, letter, design, or insignia displayed on either side thereof which is closer than 24 inches to any part of the watercraft license number or validation decal.
History
- Statutory Authority: MS s 361.25
- History: 7 SR 1121
Minn. R. 6110.0800 Dealer License Numbers
The last two characters of all dealers' license numbers shall be the letters DD. No other license number shall include both such letters. Dealers' license numbers shall be displayed in accordance with part 6110.0300, except that such numbers may be so affixed as to be readily detachable and must be attached to any watercraft owned by the dealer when such watercraft is being used for demonstration purposes or any other purpose incident to the usual and customary conduct of the business of manufacturing, selling, or trading of watercraft. A dealer may use as many detachable sets of numbers as is necessary in the conduct of the business.
History
- Statutory Authority: MS s 361.25
- History: 17 SR 1279
Minn. R. 6110.0900 Government License Numbers
The last two characters of all license numbers issued for watercraft owned by the state of Minnesota or a political subdivision thereof shall be the letters XX or XY. No other license number shall include both such letters. Application for such licenses shall be made directly to the commissioner of natural resources.
History
- Statutory Authority: MS s 14.388; 361.25
- History: 31 SR 1712
Minn. R. 6110.1000 Enforcement Pennant
The pennant required under Minnesota Statutes, section 86B.805, subdivision 2, shall be triangular in shape and of the following dimensions: four inches in depth at the staff and one foot in length. The pennant shall be of a blue background and bear a three-inch replica of the Minnesota state seal.
History
- Statutory Authority: MS s 86B.211; 361.25
- History: 15 SR 2430
Minn. R. 6110.1100 Rental of Watercraft
Subpart 1. Condition and equipment of rental watercraft.
Condition and equipment of rental watercraft:
A. No watercraft which is in a broken, rotten, or otherwise hazardous condition, including any accessory equipment, shall be rented or offered for rent.
B. No watercraft shall be rented or offered for rent unless it meets the flotation requirements for its year of manufacture, found in Code of Federal Regulations, title 33, part 183, subparts F, G, and H.
C. No watercraft shall be rented or offered for rent unless it is free of spilled gasoline and oil.
D. No watercraft which has been rented shall be permitted to depart from the premises at which it was rented if it is loaded beyond its safe carrying capacity or powered beyond its safe power capacity.
E. No other number, letter, design, or insignia shall be displayed on either side of any such watercraft which is closer than 24 inches to any part of the watercraft license number or validation decal.
F. The owner of a business which rents, leases, or hires out watercraft shall provide for each person on board the watercraft all lifesaving devices required by law or these rules, as well as all other required safety equipment for each watercraft.
Subp. 2. Persons to whom watercraft may be rented.
No watercraft shall be knowingly rented or offered for rent to any person who is under the influence of alcohol or a controlled substance.
History
- Statutory Authority: MS s 86B.211; 361.25
- History: 27 SR 1537
Minn. R. 6110.1200 Navigation of Watercraft on the Waters of the State; Safety Equipment
Subpart 1. Rules of the road.
Rules of the road:
A. When watercraft are running in the same direction, the watercraft being overtaken has right-of-way and must hold course and speed. The watercraft which is astern shall pass only when there is sufficient distance so the maneuver can be done safely and only at such speed that its wash or wake will not endanger the watercraft being passed or its occupants. No person operating a watercraft shall abruptly change its course without first determining that it can be safely done without risk of collision.
B. When watercraft are approaching each other head on, or nearly so, each shall turn to the right a sufficient distance so that they will safely pass. When the course of an approaching craft is so far to the right as not to be considered as meeting head on, each shall maintain its course and pass clear.
C. When watercraft are crossing courses, or approaching each other obliquely or at right angles, so as to involve risk of collision, the craft which has the other on its own right shall yield right-of-way.
D. A nonmotorized watercraft has right-of-way over a motor-powered watercraft except when it is the overtaking watercraft. Motor-powered watercraft should always keep clear and pass astern of nonmotorized watercraft.
E. Small watercraft shall not insist on the right-of-way, nor unnecessarily impede the passage of large commercial vessels, which are restricted in their ability to maneuver by size, draft, or speed.
F. When watercraft are in a narrow channel, each shall keep as far to the right as may be safe or practical.
G. All watercraft shall yield the right-of-way to enforcement or other authorized emergency watercraft displaying a red or blue flashing light.
Subp. 2. Mode of operation of watercraft.
Mode of operation:
A. No person shall operate a watercraft in such a manner that its wash or wake will endanger, harass, or unnecessarily interfere with any other person or property.
B. No person shall operate a watercraft in any manner as to intentionally obstruct or interfere with the takeoff, landing, or taxiing of any aircraft.
C. No person shall operate a watercraft within 150 feet of a diver's warning flag (described in Minnesota Statutes, section 86B.601).
D. No person shall operate a watercraft in the vicinity of a lock and dam on the Mississippi River from Upper St. Anthony Falls through Lock and Dam Number Eight in violation of the following:
E. The operator of any watercraft, when signaled to do so by a conservation officer, sheriff, or sheriff's deputy shall bring the watercraft to a stop or maneuver it in a manner which will allow the officer to come alongside.
Subp. 3. Personal flotation (lifesaving) devices.
Flotation devices:
A. Every person on board a watercraft or waterfowl boat shall wear or have readily accessible a U.S. Coast Guard-approved wearable personal flotation device. In addition to these devices, watercraft and waterfowl boats 16 feet or more in length, except canoes and kayaks, must also carry at least one U.S. Coast Guard-approved throwable personal flotation device. A U.S. Coast Guard-approved throwable personal flotation device may be carried in lieu of any personal flotation device required by this part, on nonmotorized watercraft operated by lifeguards within a marked swimming area, as defined in part 6110.1600.
B. Persons being towed by a watercraft on water skis or other devices shall be considered to be on board the towing watercraft for the purpose of personal flotation device requirements. A U.S. Coast Guard-approved wearable personal flotation device must be either carried in the towing watercraft or worn by the person being towed.
C. All personal flotation devices required by this subpart must be:
Subp. 4. Sound producing devices.
Sound producing devices:
A. All motorboats 16 feet or more in overall length shall carry a power-, hand-, or mouth-operated horn, or whistle capable of producing a sound for at least two seconds which is audible for at least one-half mile.
B. All motorboats 26 feet but less than 40 feet in overall length shall be equipped with a hand- or power-operated horn or whistle capable of producing a sound for at least two seconds which is audible for at least one mile.
C. All motorboats 40 feet or more in length shall be equipped with a power-operated horn or whistle capable of producing a sound for at least two seconds which is audible for at least one mile.
Subp. 5. Fire extinguishers.
Fire extinguishers:
A. All motorboats less than 26 feet in length with construction permitting the entrapment of explosive or flammable gases or vapors must have at least one B-I type hand portable U.S. Coast Guard-approved fire extinguisher fully charged and in serviceable condition on board and readily accessible.
B. All motorboats 26 feet to less than 40 feet in length must have at least two B-I U.S. Coast Guard-approved hand portable fire extinguishers, or at least one B-II type U.S. Coast Guard-approved hand portable fire extinguisher on board in serviceable condition, fully charged, and readily accessible.
C. All motorboats 40 feet to not more than 65 feet in length must have at least three B-I type U.S. Coast Guard-approved fire extinguishers; or at least one B-I type plus one B-II type approved hand portable fire extinguisher on board. These fire extinguishers must be fully charged, in serviceable condition and readily accessible.
D. All motorboats over 65 feet in length must have at least three B-II type U.S. Coast Guard-approved fire extinguishers on board. These fire extinguishers must be fully charged, in serviceable condition, and readily accessible.
E. When a motorboat is equipped with a U.S. Coast Guard-approved fixed fire extinguishing system installed in the engine compartment, one less B-I extinguisher is required. The fixed system must be in serviceable condition and fully charged.
Subp. 6. Ventilation equipment.
Ventilation equipment:
A. All motor-powered watercraft, except open watercraft, on which construction or decking-over is commenced after January 1, 1972, and which use fuel having a flash point of 110 degrees Fahrenheit or less, shall have at least two ventilator ducts, filled with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment. There shall be at least one exhaust duct installed so as to extend from the open atmosphere to the lower portion of the bilge and at least one intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake. The cowls shall be located and trimmed for maximum effectiveness so as to prevent displaced fumes from being recirculated.
B. As used in this section, the term "open watercraft" means those motor-powered watercraft with all engine and fuel tank compartments, and other spaces to which explosive or flammable gases and vapors from these compartments may flow, open to the atmosphere and so arranged as to prevent the entrapment of such gases and vapors within the watercraft.
C. Alterations necessary to make existing motor-powered watercraft comply with these requirements shall be accomplished as soon as practicable but in any case shall be completed by July 1, 1972.
Subp. 7. Lighting equipment.
Lighting equipment:
A. All motorized watercraft must display the correct lights for their class from sunset to sunrise when underway or at anchor. Red and green lights must be visible at a distance of one mile and white lights at a distance of two miles.
B. The following terms are defined for the purpose of these rules:
C. The lighting system on each watercraft must be chosen from either subitem (1) or (2):
D. All nonmotorized watercraft when under way or anchored, between sunset and sunrise, shall carry aboard but not necessarily fixed to any part of the watercraft a minimum of one lantern or flashlight capable of showing a white light visible all around the horizon at a distance of two miles or more. The light or lantern shall be displayed in sufficient time to avoid collision with another watercraft.
E. When a watercraft is moored to a buoy authorized by a permit issued under part 6110.1800 it shall not be required to display the anchor light required in items C and D.
History
- Statutory Authority: MS s 14.388; 86B.211; 86B.501; 361.25
- History: 10 SR 2346; 15 SR 2430; 20 SR 759; 27 SR 1537; L 2013 c 121 s 58; 40 SR 1619
Minn. R. 6110.1300 [Repealed, 27 SR 1537]
[Repealed, 27 SR 1537]
Minn. R. 6110.1400 Capacity Plate Information
Subpart 1. Information required.
The manufacturer's capacity plate required by law shall comply with the U.S. Coast Guard safe loading and powering standards for the year of manufacture, as set forth in Code of Federal Regulations, title 33, part 183, subparts B, C, and D.
Subp. 2. Method to determine capacity information.
The method used for determining capacity information shall comply with the U.S. Coast Guard safe loading and powering standards for the year of manufacture, as set forth in Code of Federal Regulations, title 33, part 183, subparts C and D.
Subp. 3. Definitions.
The terms "safe power capacity" and "safe carrying capacity" used in Minnesota Statutes, section 86B.311, subdivision 1, shall be that capacity displayed on the manufacturer's capacity plate. If no such plate exists, the method referred to in subpart 2 shall be used to determine the capacity.
History
- Statutory Authority: MS s 86B.211; 361.25
- History: 15 SR 2430; 27 SR 1537
Minn. R. 6110.1500 Waterway Markers
Subpart 1. In general.
Except as hereinafter provided, or as otherwise provided by law, all waterway markers placed in or upon the waters of the state by public authority or under a permit issued by the sheriff of any county for the purposes hereinafter set forth shall have the form, size, lighting, reflectorization, and coloration prescribed therefor. When referring to lights on a waterway marker, "flashing" means not more than 30 flashes per minute and "quick-flashing" means at least 60 flashes per minute.
Subp. 2. Channel marker buoys.
Channel marker buoys:
A. Every channel marker buoy shall have the external form of a cylinder having a circular transverse cross-section not less than nine inches in diameter. Channel markers must extend at least 36 inches above the water.
B. Where channel marker buoys are placed to indicate the location of a well defined boating channel, an all green buoy and an all red buoy shall be placed in opposition to each other to indicate the course of the channel is located between them. The red buoy or marker shall be situated on the right side of the channel when heading towards shore, or when heading upstream. A green flashing light shall be used in conjunction with a green buoy if it is to be lighted. When reflectorization is used with a green buoy, it shall be green in color and no less than a three-inch wide strip shall completely surround the buoy and shall be located at the top of the buoy. Number designations shall be odd. A red flashing light shall be used in conjunction with a red buoy if it is to be lighted. When reflectorization is used with a red buoy, it shall be red in color and no less than a three-inch wide strip shall completely surround the buoy and shall be located at the top of the buoy. Number designations shall be even. Red buoys may have a conical (nun) shape to the top of the buoy. Daymarks (signs) may also be used in place of buoys. The colors, lighting, minimum height above water, and numbering for daymarks shall be the same as for buoys with the same designation. Red daymarks shall be triangular in shape and green daymarks shall be rectangular in shape.
Subp. 3. Shoreward obstruction (point) buoy.
A buoy indicating that a watercraft should not pass between it and the nearest shore shall have a circular transverse cross-section measuring not less than nine inches in diameter and shall extend at least 36 inches above the surface of the water. Each such buoy shall be marked with alternating vertical black and white stripes. White reflectorization may be used on a minimum of the upper three inches of the white vertical stripe. A white quick-flashing light shall be used if the buoy is lighted.
Subp. 3a. Mid-channel or safe water buoy.
A buoy indicating the center or midpoint of a channel shall have a circular transverse cross-section measuring not less than nine inches in diameter and shall extend at least 36 inches above the surface of the water. Each such buoy shall be marked with alternating vertical red and white stripes and may have a red spherical top mark approximately the same diameter as the diameter of the buoy. White reflectorization may be used on a minimum of the upper three inches of the white vertical stripes. Red reflectorization may be used on a minimum of the upper three inches of the red vertical stripes. A white flashing light shall be used if the buoy is lighted. A daymark (sign) may be used in place of a buoy and must extend out of the water a minimum of 36 inches. The daymark must be octagonal in shape with a white border, white on the left side and red on the right side of the sign as it faces the boater.
Subp. 4. Mooring buoys.
Every buoy placed in the waters of the state for use in anchoring or mooring watercraft may be of any practicable size or shape, but must have at least eight inches extending above the waterline. No anchoring buoy may have a diameter of over 24 inches circular or a width of more than 24 inches if some other shape. No mooring or anchor buoy may be placed in any public water if it obstructs access to any public or private property or creates a navigational hazard. No mooring or anchor buoy may be placed in or upon the water of the state except by public authority or under a permit issued by the sheriff of the county. Every such buoy shall be colored white and shall be encircled by a visible blue band at least one inch wide. Mooring buoys must have a minimum total of 16 square inches of white reflectorization, part of which must be visible from any direction. Mooring buoys, if lighted, shall show a flashing white light.
Subp. 5. Regulatory and information signs and buoys.
Regulatory and information signs and buoys:
A. No regulatory or informational signs or buoys may be placed in or upon the waters of this state, except by public authority or under a permit issued by the sheriff of the county. All such signs and buoys shall be colored white except as hereinafter provided. When a buoy is used as a regulatory or informational marker (except in private swimming areas), it shall have two orange-colored horizontal bands completely around the buoy's circumference, one such band at the top, and the other just above the waterline. The appropriate geometric shape(s) indicating the buoy's purpose and any lettering or numerals shall be placed between these horizontal bands. The buoy itself shall have a circular transverse cross section of at least nine inches and shall extend at least 36 inches above the surface of the water. Except for danger areas, a white flashing light shall be used on all buoys or signs in this subpart, if the buoy or sign is lighted. If lighted, buoys or signs that mark danger areas must display a white quick-flashing light.
B. Every sign or buoy giving information for the convenience of watercraft operators shall bear a two-inch wide orange-colored band forming an upright rectangle measuring at least 14 inches in height outside dimensions.
C. Signs or buoys indicating danger to watercraft shall bear an orange-colored band of two-inch width forming an upright diamond at least 14 inches in outside height, and such signs shall bear a printed statement of the source of danger.
D. Signs or buoys indicating controlled water areas in which boating, fishing, water-skiing, skin diving, or other water activities are restricted, limited, or otherwise subjected to special rules or regulations shall bear a two-inch wide band forming a circle at least 12 inches in outside diameter. The limitation, restriction, prohibition, or regulation effective within a controlled area shall be printed inside of the orange-colored circle when possible. Signs or buoys designating state game refuges, wildlife management areas, or spawning areas shall not be subject to the provisions of this order.
E. Signs or buoys directing all watercraft to keep out of a specific water area shall bear a two-inch orange-colored band forming an upright diamond at least 14 inches in outside height, dissected vertically and horizontally by an orange-colored strip two inches wide. Signs or buoys designating state game refuges, wildlife management areas, or spawning areas shall not be subject to the provisions of this order.
F. Signs indicating winter ice dangers to persons, motor vehicles, snowmobiles, all-terrain vehicles, ice boats, or any other conveyance used to transport persons over the ice on public waters of the state shall bear a two-inch wide orange-colored band forming an upright diamond at least 14 inches in outside height and such signs shall bear a printed statement of the source of danger. Where used, except for the marking of aeration systems operating under a permit from the commissioner of natural resources, these signs shall completely line the perimeter of the ice hazard at intervals not exceeding 75 feet and shall be at least 48 inches above the ice. When a permit is issued for an aeration system, the commissioner shall specify the marking requirements for each system as a part of the permit.
G. No person shall operate any motor vehicle, snowmobile, all-terrain vehicle, ice boat, or any other conveyance used to transport persons over the ice on public waters of the state within 150 feet of a diver's warning flag described in Minnesota Statutes, section 86B.601.
H. Written material on any waterway marker sign or buoy shall be printed with black letters at least two inches in height, on a white background.
I. Every waterway marker driven into the bottom of a lake or stream, or attached to a post so driven, shall extend at least 36 inches above the surface of the water. The surface of the water shall be considered to be the normal high watermark during the local boating season.
J. Any sign may be reflectorized, provided that the entire displayed surface is uniformly reflectorized.
K. The reflectorized material required by all sections of these rules shall retain 80 percent of its dry weather reflective signal strength when submerged in water.
Subp. 6.
[Repealed, 15 SR 2430]
Subp. 7. Milfoil areas.
Buoys or signs indicating an area that is infested with Eurasian watermilfoil may be marked using a solid yellow sign or buoy. If a buoy is used, it shall be no less than four inches in diameter and extend at least 30 inches above the surface of the water. The words "Milfoil" or "Milfoil Area" must appear on opposing sides of the buoy in at least two-inch high black letters. If a sign is used, it shall be no more than 12 inches in width or more than 18 inches in height and extend at least 30 inches above the surface of the water at normal high water level. The words "Milfoil" or "Milfoil Area" must appear on the sign in at least two-inch high black letters.
Subp. 8. Exceptions.
Whenever an emergency situation requires that immediate warning be given of a hazardous condition, any appropriate marker may be used until such time as the emergency ceases to exist or until a marker complying with these rules can be obtained. In addition, the commissioner or designee may exempt specific types of waterway markers or buoys from the dimensional requirements of this part where safety would not be adversely affected and may also designate buoys or markers for purposes not previously set forth in this part.
History
- Statutory Authority: MS s 86B.211; 361.25
- History: 10 SR 2346; 15 SR 2430; 27 SR 1537
Minn. R. 6110.1600 Marking of Legally Designated Swimming Areas
Subpart 1. Individual private areas.
The owner or lessee of shoreline property may place white markers defining a swimming area adjacent to the property for personal use. This area shall not exceed 2,500 square feet in area and shall not extend more than 50 linear feet along the lake frontage of the owner or lessee. These markers must have no less than six inches but no more than 14 inches showing above the waterline. Markers in the form of a cylinder must have a diameter of at least five inches and not larger than nine inches. Markers with a shape other than a cylinder may not have a length or width greater than 14 inches. Each such marker shall bear on opposite sides a one-half inch wide band of international orange color forming an upright diamond at least five inches in outside width, dissected vertically and horizontally by a one-half inch wide strip of international orange color. The border of the diamond and cross outline shall not be less than one-half inch in width. These markers may not be spaced more than 15 feet apart and must outline all of the swimming area.
No swimming marker may obstruct watercraft traffic or unduly interfere with public use of the water. If in the opinion of the local sheriff, the sheriff's water patrol officer, or conservation officer, such conditions exist, they may direct the landowner or lessee to change the boundaries of the swimming area or have the markers removed. The landowner or lessee may appeal such a directive to the commissioner of natural resources.
Subp. 2. Other areas.
Swimming areas in public waters maintained or designated by governmental subdivisions, private corporations, private clubs, nonprofit organizations, or businesses offering public swimming facilities in any body of water where operation of motor-powered watercraft is not prohibited shall be marked in the following manner:
A. The entire perimeter of the water area shall be marked with white marking buoys no less than nine inches in diameter and extending no less than 36 inches above the surface of the water. Each marking buoy must contain two horizontal bands of orange, one such band at the top, and the other just above the waterline. Each marking buoy must also contain two diamond shapes with crosses which means "boats keep out." These diamond shapes must have a vertical diagonal of not less than 14 inches. The borders of the diamond and cross outline shall not be less than two inches in width. The color of these borders shall be orange. The diamonds shall be placed midway between the horizontal bands. The words "swim area" should also appear on each marker in no less than two-inch letters.
B. Marking buoys must not be spaced more than 75 feet apart and in no case may less than three markers be used to establish a boundary line.
C. Smaller markers may be used to add definition to the area boundaries. These smaller markers must be all white in color.
Subp. 3.
[Repealed, 15 SR 2430]
History
- Statutory Authority: MS s 86B.211; 361.25
- History: 15 SR 2430; 17 SR 1279
Minn. R. 6110.1700 Water Skiers; Length of Ski Tow Ropes
No person being towed on water skis, aquaplane, saucer, or other device shall be towed with a rope, wire, cable, or other towing device extending more than 150 feet from the towing watercraft without obtaining a permit from the local sheriff.
History
- Statutory Authority: MS s 361.25
Minn. R. 6110.1800 Placement of Temporary Structures and Buoys in the Waters of the State
Subpart 1. In general.
No person shall leave any temporary structure not extending from shore, or any buoy or sign in the waters of this state between the hours of sunset and sunrise without first obtaining a permit in writing therefor from the sheriff of the county. Mooring buoys must be placed as provided in part 6110.1500, subpart 4. Swimming area markers must be placed as provided in part 6110.1600.
Subp. 2. Permit for temporary structure or buoy.
The sheriff of any county may issue a permit for the placement of any such structure or buoy whenever, in the sheriff's opinion, the structure or buoy will not constitute an undue hazard to or illegal obstruction of navigation.
Each structure or navigational buoy placed pursuant to such permit shall have the permit number painted on it and shall have attached either a light visible in all directions, or sufficient reflectorized material so as to reflect light from all directions, which material shall retain 80 percent of its dry weather reflective signal strength when submerged in water.
Nothing in this part shall be construed to affect the provisions of Minnesota Statutes, section 103G.245, or the requirements for permits from the commissioner of natural resources thereunder, nor shall this part be construed to affect the construction of blinds built according to Minnesota Statutes, sections 97B.805 and 97B.811.
History
- Statutory Authority: MS s 86B.211; 361.25
- History: 15 SR 2430
Minn. R. 6110.1900 Reports
Subpart 1. Accident reports.
Each county sheriff shall report to the commissioner of natural resources:
A. each watercraft accident involving either a fatality, personal injury requiring treatment beyond first aid, or property damage that meets the U.S. Coast Guard reportability requirements found in Code of Federal Regulations, title 33, section 173.55; and
B. all drownings. Reports shall be submitted on forms provided by the commissioner and forwarded within ten days of the accident.
Subp. 2. Other reports.
Each county sheriff shall maintain copies of watercraft citations or written warnings and rental boat inspection reports for a minimum of three years following the year in which they were issued or completed.
History
- Statutory Authority: MS s 86B.211; 361.25
- History: 10 SR 2346; 15 SR 2430; 27 SR 1537
Minn. R. 6110.2000 [Repealed, 37 SR 697]
[Repealed, 37 SR 697]
Minn. R. 6110.2100 Reimbursement of County Sheriffs for Search and Rescue Operations
Payments for annual appropriations for search and rescue operations shall be made pursuant to the provisions hereof in order of presentation until expended.
A search and rescue operation resulting from or related to water-related recreational activities will qualify for reimbursement if the incident necessitating the operation is of an unusual and nonrecurring nature. Reimbursable items of expense are those which are over and above the sheriff's regular operating budget, and include rental of private equipment and employment of personnel hired expressly for the search and rescue operation.
Payment by the state is limited to 50 percent of the reimbursable items of expense, subject to maximum state payment of $2,500 for each search and rescue operation.
A sheriff claiming reimbursement shall submit in duplicate an itemized invoice, verified by the county auditor, together with a statement showing that the operation qualified for reimbursement, to the Department of Natural Resources. All claims will be subject to audit by the state.
History
- Statutory Authority: MS s 86B.211; 361.25
- History: 15 SR 2430
Minn. R. 6110.2200 Penalties
Any person who shall violate any of the provisions of parts 6110.0100 to 6110.2300 shall be guilty of a misdemeanor.
History
- Statutory Authority: MS s 361.25
Minn. R. 6110.2300 Previous Orders Superseded
Parts 6110.0100 to 6110.2300 supersede all previous orders of the commissioner of natural resources relating to boat and water safety.
History
- Statutory Authority: MS s 361.25
Minn. R. 6110.3000 Policy
It is the policy of this state to promote full use and enjoyment of waters of the state, to promote safety for persons and property in connection with such use, and to promote uniformity of laws relating to such use.
History
- Statutory Authority: MS s 361.25
Minn. R. 6110.3100 Scope
As part of implementing that policy, Minnesota Statutes, sections 86B.205, subdivisions 2 to 5; 103G.605; 103G.621; and 459.20 authorize counties, cities, and towns to regulate by ordinance the use of surface waters by watercraft, upon approval of any such ordinance by the commissioner. Minnesota Statutes, section 86B.205, subdivision 9, paragraph (a), authorizes the commissioner to regulate such use by rule, upon request of a county, city, or town, and after the rule is approved by the majority of the counties affected. Parts 6110.3000 to 6110.4200, however, shall not apply to units of government other than counties, cities, and towns, or to counties, cities, or towns adopting ordinances identical to and on the same body of water as a lake conservation district ordinance.
History
- Statutory Authority: MS s 361.25; 86B.211
Minn. R. 6110.3200 Goal of Water Surface Use Management
The goal of water surface use management shall be to enhance the recreational use, safety, and enjoyment of the water surface of Minnesota and to preserve these water resources in a way that reflects the state's paramount concern for the protection of its natural resources. In pursuit of that goal, an ordinance or rule shall:
A. where practical and feasible, accommodate all compatible recreational uses;
B. minimize adverse impact on natural resources;
C. minimize conflicts between users in a way that provides for maximum use, safety, and enjoyment; and
D. conform to the standards set in part 6110.3700.
History
- Statutory Authority: MS s 361.25
Minn. R. 6110.3300 Statutory Authority
Parts 6110.3000 to 6110.4200 are required by Minnesota Statutes, section 86B.211. They provide procedures for the development and approval of rules and ordinances for resolving water surface use conflict by regulating:
A. type and size of watercraft;
B. type and horsepower of motors;
C. speed of watercraft;
D. time of use;
E. area of use; and
F. the conduct of other activities on the water body where necessary to secure the safety of the public and the most general public use.
History
- Statutory Authority: MS s 361.25; 86B.211
Minn. R. 6110.3400 Jurisdiction of Commissioner
The commissioner shall exercise the commissioner's discretion under Minnesota Statutes, section 86B.205, subdivision 9, to regulate a water body when so requested by a county, city, or town only when the water body:
A. is traversed by a state or international boundary; or
B. is within the jurisdiction of two or more counties which cannot agree on the content of ordinances; and
C. regulation is necessary to achieve the goals in part 6110.3200. In all other cases, water surface use regulation shall be by county, city, or town ordinance as specified in Minnesota Statutes, sections 86B.205, subdivisions 2 to 5; 103G.605; 103G.621; and 459.20. If a body of water is located within the jurisdiction of two or more cities or towns which cannot agree on the content of ordinances, any such city or town may petition the county in which they are located to adopt an ordinance.
History
- Statutory Authority: MS s 361.25; 86B.211
- History: 17 SR 1279
Minn. R. 6110.3500 Existing Ordinances and Rules
All existing ordinances and rules adopted on or after January 1, 1975, affecting water surface use shall be brought into compliance with parts 6110.3000 to 6110.4200 within a reasonable time period after promulgation of these parts.
History
- Statutory Authority: MS s 361.25
Minn. R. 6110.3600 Assessment of Conditions
Subpart 1. Factors to consider.
The commissioner of any governmental unit formulating, amending, or deleting controls for surface waters shall acquire and consider the following information, noting factors that are not relevant:
A. Physical characteristics:
B. Existing development:
C. Ownership of shoreland: to include the location and managing governmental unit of shoreline in federal, state, county, or city ownership as well as private, semipublic, or corporate lands.
D. Public regulations and management: to include federal, state, or local regulations and management plans and activities having direct effects on watercraft use of surface waters.
E. History of accidents which have occurred on the surface waters.
F. Watercraft use: to include information obtained in the morning, afternoon, and evening on at least one weekday and one weekend day, concerning the number and types of watercraft in each of the following categories: kept or used by riparians, rented by or gaining access through resorts or marinas, using each public watercraft launching facility, in use on the waterbody.
G. Conflict perception and control preferences: to include opinions gained by surveys or through public meetings or hearings of riparians, transients, local residents, and the public at large.
Subp. 2. Written statement.
Any governmental unit formulating, amending, or deleting controls for surface waters shall submit to the commissioner the following:
A. the information requested in subpart 1, portrayed on a map to the extent reasonable;
B. a statement evaluating whether the information reveals significant conflicts and explaining why the particular controls proposed were selected;
C. the proposed ordinance; and
D. a description of public hearings held concerning the proposed controls, including an account of the statement of each person testifying.
Subp. 3. Commissioner review and approval.
The commissioner shall require the ordinance proposer to provide additional information of the kind described in subpart 1 when needed in order to make an informed decision. The commissioner shall approve the ordinance if it conforms with these rules.
History
- Statutory Authority: MS s 361.25
Minn. R. 6110.3700 Water Surface Management Standards
Subpart 1. Purpose.
To promote uniformity of ordinances or rules on the use of watercraft on surface waters of this state, to encourage compliance and to ease enforcement, the commissioner and any government unit formulating such ordinances or rules shall follow these standards. When formulating an ordinance or rule, it is not required that all the standards listed below be incorporated into every ordinance or rule. Rather, the commissioner or governmental unit shall select from the standards listed below such standard(s) as are needed to regulate the surface use of waters.
Subp. 2. Watercraft type and size.
Controls may be formulated concerning the type and/or size of watercraft permissible for use on surface water body(ies) or portions thereof.
Subp. 3. Motor type and size.
Controls, if any, concerning the maximum total horsepower of motor(s) powering watercraft on surface waters shall utilize one or more of the following horsepower cutoffs or motor types: 25 hp; 10 hp; electric motors; no motors.
Subp. 4. Direction of travel.
Directional controls, if used, shall mandate watercraft to follow a counterclockwise path of travel.
Subp. 5. Speed limits.
Controls, if any, concerning the maximum speeds allowable for watercraft on surface waters shall utilize one or more of the following miles-per-hour cutoffs:
A. "Slow-No Wake" means operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five mph.
B. 15 mph.
C. 40 mph.
Subp. 6. Effective time.
Controls must use one or more of the following time periods.
A. sunrise to sunset or sunset to sunrise the following day;
B. 9:00 a.m. to 6:00 p.m. or 6:00 p.m. to 9:00 a.m. the following day;
C. noon to 6:00 p.m. or 6:00 p.m. to noon the following day;
D. all 24 hours of the day. Controls must be in effect during one of the following calendar divisions: all year; Memorial Day weekend through Labor Day weekend; on all weekends and legal holidays occurring within Memorial Day weekend through Labor Day weekend. Controls governing the use of watercraft may be adopted which are placed into effect based upon specific water elevations.
Subp. 7. Area zoning.
Controls shall clearly specify which portion of the water body is affected by such controls.
Area controls may be formulated concerning any of the subject matter covered in the water surface management standards in subparts 2 to 9.
Controls concerning a "Slow-No Wake" shall be established for the entire water body or portion thereof according to the following criteria: within 100 feet or 150 feet from the shore; or where watercraft speed or wake constitutes a hazard to persons, property, or the natural resources; or where it has been determined that such control(s) would enhance the recreational use and enjoyment of the majority of users.
Subp. 8. Conduct of other activities on a body of water.
Controls formulated by a governmental unit which restricts other activities (such as swimming or scuba diving) shall conform to part 6110.3200.
Subp. 9. Emergencies.
In situations of local emergency, temporary special controls may be enacted by a county, city, or town for a period not more than 30 days without the commissioner's approval. The commissioner shall be notified, however, as soon as practicable during this 30-day period.
Subp. 10. Additional evidence.
A government unit may submit additional evidence if it feels that variance from the afore-stated standards is necessary to best address a particular problem. The commissioner will review such evidence and shall grant a variance if there are circumstances peculiar to the body or bodies of water in question of such magnitude as to overshadow the goal of uniformity.
History
- Statutory Authority: MS s 14.388; 361.25
- History: 40 SR 1619
Minn. R. 6110.3800 Administrative Provisions
Subpart 1. Enforcement and penalties.
Any government unit adopting ordinances pursuant to Minnesota Statutes, sections 86B.205, subdivisions 2 to 5; 103G.605; 103G.621; and 459.20 shall provide for their enforcement and prescribe penalties for noncompliance. Rules established pursuant to Minnesota Statutes, section 86B.201, subdivisions 1 and 2, or 86B.205, subdivisions 1 and 9, shall be enforced by conservation officers of the Department of Natural Resources and the sheriff of each county.
Rules or ordinances shall contain a provision exempting authorized resource management, emergency, and enforcement personnel when acting in the performance of their assigned duties. They may also provide for temporary exemptions from controls through the use of permits issued by the unit of government adopting the ordinance or rule.
Subp. 2. Commissioner's approval for proposed ordinances.
Any governmental unit formulating ordinances or desiring amendments and deletions to existing ordinances shall submit the written statement required by these rules with the proposed ordinance to the commissioner pursuant to Minnesota Statutes, section 86B.205, subdivisions 2 to 5, for approval or disapproval. Determination of approval or disapproval shall be based upon the written statement and the compatibility of the ordinance with these rules. If the proposed ordinance is disapproved by the commissioner and a satisfactory compromise cannot be established, the governmental unit may initiate a contested case hearing to settle the matter.
The commissioner shall notify the governmental unit in writing of approval or disapproval of proposed ordinances within 120 days after receiving them pursuant to Minnesota Statutes, section 86B.205, subdivisions 2 to 5. Failure to so notify shall be considered approval.
Subp. 3. Public notice.
Any governmental unit adopting ordinances shall provide for adequate notification of the public, which shall include placement of a sign at each public watercraft launching facility outlining essential elements of such ordinances, as well as the placement of necessary buoys and signs. All such signs and buoys shall meet requirements specified in Minnesota Statutes, chapter 86B, and parts 6110.1500 to 6110.1900.
The commissioner shall publish and update at the commissioner's discretion a listing of watercraft use rules and ordinances on surface waters of the state for distribution to the public.
History
- Statutory Authority: MS s 361.25; 86B.211
- History: 17 SR 1279
Minn. R. 6110.4000 Watercraft Operation on Square Lake, Washington County
Subpart 1. Scope.
This part shall apply to the waters of Square Lake (82-46) T. 31 N., R. 20 W., S. 23 & 26, in Washington County, Minnesota.
Subp. 2. Restricted speed zone.
There shall be a restricted speed zone between the shoreline and a line approximately following the 40 foot depth contour which shall be clearly marked by the placement of informational buoys, as shown on the map in subpart 5.
No motorized watercraft shall at any time be operated at a speed in excess of five miles per hour in the restricted speed zone.
Subp. 3. Open speed zone.
There shall be an open speed zone which shall consist of all that portion of the lake surface not included in the restricted speed zone defined in subpart 2 as shown on the attached map.
Within the open speed zone, there shall be no speed limit on motorized watercraft during the open speed periods set forth below, but during such periods, all motorized watercraft shall travel in a counterclockwise direction around the lake.
Within the open speed zone, no motorized watercraft shall be operated at a speed in excess of five miles per hour during times other than the open speed periods set forth below.
The open speed periods, during which there is no restriction on the speed of motorized watercraft operating in the open speed zone, are as follows: Monday through Friday, 12:00 noon to 6:00 p.m.; Saturday, Sunday, and holidays, 12:00 noon to 4:00 p.m.
Subp. 4. Penalties.
Any person who shall violate any of the provisions of these regulations shall be guilty of a misdemeanor and be punished by a fine of not more than $300, or by imprisonment for not more than 90 days, or both.
Subp. 5. Map of Square Lake.
History
- Statutory Authority: MS s 361.26
Minn. R. 6110.4100 Watercraft Operation on Tanners Lake, Washington County
Subpart 1. Scope.
This part shall apply to the waters of Tanners Lake (82-115) T. 29 N., R. 21 W., S. 31., in Washington County, Minnesota.
Subp. 2. Speed restriction.
No motorized watercraft shall at any time be operated at a speed in excess of ten miles per hour on the waters of this lake.
Subp. 3. Penalties.
Any person who shall violate any of the provisions of this part shall be guilty of a misdemeanor and be punished by a fine of not more than $300, or by imprisonment for not more than 90 days, or both.
History
- Statutory Authority: MS s 361.26
Minn. R. 6110.4200 Watercraft Operation on Brown Lake, Mille Lacs County
Subpart 1. Scope.
This part shall apply to the waters of Brown Lake (48-15) T. 43 N., R. 27 W., S. 7., in Mille Lacs County, Minnesota.
Subp. 2. Motorized watercraft restriction.
No watercraft propelled in any respect by machinery, except those watercraft temporarily equipped with a detachable electric motor of less than one-half horsepower rating, shall at any time be operated on the waters of this lake.
Subp. 3. Penalties.
Any person who shall violate any of the provisions of this part shall be guilty of a misdemeanor and be punished by a fine of not more than $300, or by imprisonment for not more than 90 days, or both.
History
- Statutory Authority: MS s 361.26
Chapter 6115 PUBLIC WATER RESOURCES
Minn. R. 6115.0010 Statutory Authority
The commissioner of natural resources is authorized by Minnesota Statutes, sections 103G.301, subdivision 2 to 5, and 103G.315, subdivision 12, to establish fee schedules for permit applications, field inspections, and monitoring, with regard to permits required by Minnesota Statutes, chapter 103G.
History
- Statutory Authority: MS s 105.44; 103G.301; 103G.315
- History: 10 SR 236
Minn. R. 6115.0020 Scope
The fees established in parts 6115.0010 to 6115.0100 shall not be imposed on any state or federal agency.
History
- Statutory Authority: MS s 105.44
- History: 10 SR 236
Minn. R. 6115.0030 Definitions
Words used in parts 6115.0010 to 6115.0100 have the meanings normally ascribed to them except:
A. "Appropriation of water," "waters of the state," and "public waters" have the meanings given by Minnesota Statutes, section 103G.005.
B. "Field inspection" means an on-site determination of relevant characteristics of the area involved in or affected by the proposed or permitted project.
C. "Monitoring" means checking on the status or progress of activities authorized by permit, and checking and inspecting special aspects of proposed permit applications, during construction, implementation, or after completion of permitted activities.
D. "Division" means the Division of Waters, Department of Natural Resources.
E. "Commissioner" means the commissioner of natural resources or the commissioner's authorized representative.
F. "Project cost" means the total cost of all materials, services, equipment purchase or rental, and labor expended for the portion of the project proposed in the permit application which are directly governed by protected waters permit rules, parts 6115.0150 to 6115.0280.
G. "Protected waters" means those waters of the state identified as public waters or wetlands under Minnesota Statutes, sections 103G.005, subdivisions 15 and 15a, and 103G.201.
H. "Ordinary high water mark" means the boundary of protected waters as defined in Minnesota Statutes, section 103G.005, subdivision 14.
I. "Shoreline" means:
J. "State agency" has the meaning given in Minnesota Statutes, section 16B.01, subdivision 2.
History
- Statutory Authority: MS s 105.44; 103G.301; 103G.315
- History: 10 SR 236
Minn. R. 6115.0040 [Repealed, 10 SR 236]
[Repealed, 10 SR 236]
Minn. R. 6115.0050 [Repealed, 10 SR 236]
[Repealed, 10 SR 236]
Minn. R. 6115.0060 Permit Fees Applications
Subpart 1. Fee.
A permit application fee of $75 shall accompany permit applications submitted under Minnesota Statutes, section 103G.271, appropriation and use of water, Minnesota Statutes, section 103G.531, subdivision 2, relating to dams, and Minnesota Statutes, section 105.391, relating to water bank.
Subp. 2. Protected waters; fee.
The permit application fee for works affecting protected waters, authorized under Minnesota Statutes, sections 103G.245 and 103G.297, shall be based on estimated project cost, the amount of material deposited in or removed from the protected waters, and the amount of shoreline affected by the project. The commissioner shall make the final determination of project costs used to calculate the permit application fee. The permit application fee shall be the greater of the fees calculated from the following parameter schedules, but not less than $75 nor more than $500:
A. Project cost parameter. If the project cost is greater than $7,500, the fee shall be one percent of the project cost. If a dispute arises between the commissioner and a permit applicant over project cost, the commissioner may require the permit applicant to submit a project cost estimate prepared by a registered professional engineer, contractor, planning consultant, or other qualified professional entity.
B. Shoreline affected parameter. If the project affects more than 100 feet of shoreline, the fee shall be 75 cents per foot of shoreline affected. For channel excavation projects, the shoreline affected is the difference in length in feet between the existing channel and the proposed channel.
C. Fill-excavation parameter. If the project requires more than 100 cubic yards of fill or excavation, the fee shall be 75 cents per cubic yard of material filled or excavated. For channel excavation projects, the volume in cubic yards is only that material filled or excavated in existing protected waters.
D. The permit application fee for protection of shoreline from erosion by placement of riprap and to recover shoreland lost by erosion or other natural forces, shall be limited to $75.
Subp. 3. Failure to remit.
If the permit application fee does not accompany the application, the applicant will be so notified. If no fee is received within 30 days from mailing of the written notice, the commissioner shall consider the application withdrawn and no further action shall be taken on it unless the applicant submits a new application accompanied by the minimum fee.
Subp. 4. Multiple applications.
If a project requires several permit applications, the permit application fee must accompany each application. Projects that involve a combination of work that results in both the alteration of protected waters and the use of waters of the state, shall be required to submit only one permit application and one set of fees. The type of permit application to be used and the fees to be charged shall be determined by the ultimate purpose of the project.
Subp. 5. Nonrefundable.
The permit application fee is not returnable, whether the application is permitted, modified, or denied, unless the commissioner determines the activity does not require a permit.
Subp. 6. Applications after commencement.
The permit application fee for permit applications filed after the work applied for has been partially or wholly completed, except for emergency work provided for in existing permit rules and policies, shall be double the amount that would have been charged if a timely application had been filed. In the case of a belated permit application, the permit application fee shall accompany the application or the commissioner shall proceed to issue a restoration order under Minnesota Statutes, section 103G.315, subdivision 7.
Subp. 7. Fees following a hearing.
If a hearing is demanded, and if the outcome of the hearing is a decision to issue a permit, payment of all required fees must precede issuance. The fee charged will be based on the schedules contained in this part regardless of whether a permit application has been filed.
Subp. 8. Form of payment.
Payment of all fees covered by parts 6115.0010 to 6115.0030, 6115.0060, 6115.0080 to 6115.0100, and 6115.0130 shall be made by check or money order payable to the Minnesota Department of Natural Resources. Cash cannot be accepted.
History
- Statutory Authority: MS s 105.44; 103G.301; 103G.315
- History: 10 SR 236; 13 SR 2825
Minn. R. 6115.0065 Amendment and Transfer Fee
Each request by a permittee to amend or transfer an existing permit shall be accompanied by a $75 fee, unless exempted under part 6115.0120. Any amendment initiated by the department is exempt from fees. Projects that involve a combination of transfer and amendment requests shall only be required to pay the $75 fee.
History
- Statutory Authority: MS s 105.44
- History: 10 SR 236; 13 SR 2825
Minn. R. 6115.0070 [Repealed, 10 SR 236]
[Repealed, 10 SR 236]
Minn. R. 6115.0080 Field Inspection Fees
Subpart 1.
[Repealed, 13 SR 2825]
Subp. 2. Computation.
If a field inspection is conducted, field inspection fees shall be charged only for: (1) projects requiring an environmental assessment worksheet (EAW) or environmental impact statement (EIS) pursuant to Minnesota Statutes, chapter 116D, and the environmental review program rules, parts 4410.0200 to 4410.6500. Projects that do not require a mandatory environmental assessment worksheet (EAW) or environmental impact statement (EIS) under parts 4410.4300 and 4410.4400, at the time the permit application is made, shall not be charged field inspection fees; (2) projects undertaken without a permit or application as required by Minnesota Statutes, section 84.083, and chapters 103A, 103B, and 103E to 103G; or (3) projects undertaken in excess of limitations established in an issued permit.
The fee charged will be the actual cost of the field inspection, but shall not be less than $100. Examples of field inspection costs are:
A. state salaries, including fringe benefits and overhead, (travel and inspection time of state employees multiplied by actual hourly rates);
B. transportation to and from inspection site, laboratories and other documented travel sites, based on current Department of Administration rates or rates specified in applicable bargaining unit agreements;
C. expense of purchase, rental, or repair of special equipment and supplies;
D. living expenses away from home, based on current Department of Administration rates or rates specified in applicable bargaining unit agreements;
E. inspection and consultant services contracted for by the state; and
F. laboratory expenses and analysis of data.
Subp. 2a. Dams and water level controls.
Field inspection fees shall not be charged for any dam subject to parts 6115.0300 to 6115.0520. Such dams are subject to the inspection fee requirements of part 6115.0520. Field inspection fees for all other water level control structures shall be charged pursuant to parts 6115.0010 to 6115.0130.
Subp. 3.
[Repealed by amendment, 10 SR 236]
History
- Statutory Authority: MS s 105.44; 103G.301; 103G.315
- History: 10 SR 236; 13 SR 2825
Minn. R. 6115.0090 Fees for Monitoring Activities
If the project requires an environmental assessment worksheet (EAW) or environmental impact statement (EIS) pursuant to Minnesota Statutes, chapter 116D, and parts 4410.0200 to 4410.6500, the commissioner shall charge an additional fee for monitoring subject to the following:
A. Where the commissioner determines that a permitted activity requires monitoring of water or related land resources, the permit shall specify the procedures and scope of such monitoring. Actual costs of the monitoring shall be paid by the permittee in accordance with procedures set forth in the permit.
B. When the commissioner determines after the permit is issued, that there is a need for monitoring, the commissioner shall notify the permittee in writing of the nature of and reasons for the monitoring, and after opportunity for hearing, shall modify the permit accordingly. The actual costs of the monitoring shall be paid by the permittee. Actual costs incurred and charged by the state are determined in the same manner as prescribed for field inspections. The commissioner may allow the permittee to provide the monitoring service or employ a consultant for that purpose, subject to the right of the commissioner to charge for state costs related to private monitoring, including the costs of periodically monitoring the monitor. Fees for monitoring activities shall not be charged for any dam subject to parts 6115.0300 to 6115.0520.
History
- Statutory Authority: MS s 105.44
- History: 10 SR 236
Minn. R. 6115.0100 [Repealed, 10 SR 236]
[Repealed, 10 SR 236]
Minn. R. 6115.0110 Annual Water Appropriation Processing Fee
Subpart 1. In general.
An annual water appropriation processing fee shall be submitted for each water appropriation permit in force at any time during the year. The fees are required whether or not the permittee appropriated or used any water as authorized by permit during the year.
Subp. 2. Fee schedule.
The fee shall be based on the following schedule:
A. for irrigation permits, $15 for the first permitted 160 acres or portion thereof, and $25 for each additional permitted 160 acres or portion thereof;
B. for all other permits, $5 for each permitted 10,000,000 gallons or portion thereof;
C. the annual water appropriation processing fee shall not exceed a total fee of $500 per permit.
Subp. 3. Billing and payment.
A notice of the fees owed will be mailed to the permittee, with the reporting forms, by the commissioner.
The fee, with accompanying report, for the calendar year's appropriation or use of water, shall be sent to the commissioner no later than February 15 of the following year.
Failure to pay the fee shall be sufficient cause for terminating a permit 30 days following written notice by the commissioner.
The effective date of this part is August 1, 1985.
History
- Statutory Authority: MS s 105.44
- History: 10 SR 236
Minn. R. 6115.0120 Water Appropriation Processing Fee Exemptions
The following water appropriation permit actions are exempt from amendment or transfer fees:
A. a change in mailing address;
B. a change of authorized agent when land ownership has not changed;
C. an assignment of a permit within the immediate family;
D. a change in pump location on surface water sources for the same operation;
E. an addition of a new well that replaces an old well for the same permitted operation and is completed at a similar depth in the same aquifer;
F. a decrease in the permitted pumping rate, amount of water authorized, or irrigated acreage;
G. an increase in the permitted pumping rate within ten percent;
H. an increase in the permitted appropriation within ten percent of the annual authorization for nonirrigation permits; or
I. an increase of less than 30 acres in the number of permitted irrigated acres. Any amendments or transfers that exceed the exemptions in items A to I require a processing fee under part 6115.0065.
History
- Statutory Authority: MS s 105.44
- History: 13 SR 2825
Minn. R. 6115.0130 Fee Schedule for Underground Storage of Gas or Liquid in Natural Formations
Subpart 1. In general.
This schedule is established pursuant to Minnesota Statutes, section 103I.681, subdivision 11. It provides for payment of permit application fees and additional fees for processing and analyzing the application, and issuing the permit. It also includes fees for the inspection and monitoring of activities authorized by the permit.
Subp. 2. Permit application fee.
A permit application fee of $30, check or money order, payable to the commissioner of management and budget, shall accompany each permit application for underground storage of gas or liquid.
If the fee does not accompany the application, the applicant will be so notified, and there will be no further action taken on the application until the fee is submitted.
Subp. 3. Additional fees.
The applicant or permittee shall pay the actual costs of field inspection and monitoring as follows.
A. When a field inspection is conducted, the costs charged will be the sum of: salaries (inspection time of state employees multiplied by actual hourly rates); transportation to and from inspection site, based on current state Department of Administration rates; fair rental for any special equipment and supplies; and inspection and consultant services contracted for by the state.
B. When the commissioner determines that a permitted activity requires monitoring of water or related land resources, the permit shall specify the procedures and scope of such monitoring. Actual costs of the monitoring, whether conducted by state personnel or by consultants hired by the state, shall be paid by the permittee in accordance with procedures in the permit. When the commissioner determines after the permit is issued that there is a need for monitoring, the commissioner shall notify the permittee in writing of the nature of and reasons for the monitoring, and after opportunity for hearing, shall modify the permit accordingly. The actual costs of monitoring shall be paid by the permittee. The commissioner may allow the permittee to provide monitoring services, or employ a consultant for that purpose, subject to the right of the commissioner to charge for state costs related to private monitoring, including the costs of periodically monitoring the monitor.
Subp. 4. Refund of fees.
The permit application fee for a permit application shall not be refunded for any reason, even if the application is denied or withdrawn.
Subp. 5. Billing and payment of fees.
The commissioner shall submit an itemized bill to the applicant or permittee for all additional fees. Fees are payable within 30 days of receipt; failure to pay is grounds for suspending the permit or for taking other legal actions as required. In the case of an applicant, a permit shall not be issued until all fees owed have been paid.
History
- Statutory Authority: MS s 105.44; 103G.301; 103G.315
- History: 10 SR 236; L 2003 c 112 art 2 s 50; L 2009 c 101 art 2 s 109
Minn. R. 6115.0150 Purpose and Statutory Authority
The purpose of parts 6115.0150 to 6115.0280 is to provide for the orderly and consistent review of permit applications in order to conserve and utilize the water resources of the state in the best interest of its people. In deciding whether to issue permits, the department is guided by the policies and requirements declared in Minnesota Statutes, sections 103A.201, 103A.208, 103F.101, 103F.105, 103F.205, 103F.351, 103G.297, 103G.305, and 116D.04.
The proposed development must also be consistent with the goals and objectives of applicable federal, state, and local environmental quality programs and policies, including but not limited to shoreland management, floodplain management, water surface use management, boat and water safety, wild and scenic rivers management, water quality management, recreational or wilderness management, critical areas management, scientific and natural areas management, and protected species management.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529
Minn. R. 6115.0160 Scope
To achieve the purpose declared in part 6115.0150, parts 6115.0160 to 6115.0280 set forth minimum standards and criteria for the review, issuance, and denial of permits for proposed projects affecting public waters. Permits are required for any activity affecting the course, current, or cross-section of public waters unless specifically exempted within parts 6115.0160 to 6115.0280.
These standards and criteria apply to the public waterbasins, public watercourses, and public water wetlands identified on public water inventory maps authorized by Minnesota Statutes, section 103G.201. The designation of waters of the state as public waters does not grant the public additional rights or grant right of access to the waters, diminish the right of ownership or usage of the beds underlying the designated public waters, affect state law forbidding trespass on private lands, or require the commissioner to acquire access to the designated public waters under Minnesota Statutes, section 97A.141.
These standards and criteria apply to any and all work that will cause or result in the alteration of the course, current, or cross-section of public waters except for the following:
A. utility crossings of public waters that are regulated under Minnesota Statutes, section 84.415, and rules adopted thereunder;
B. planting, destruction, and control of aquatic vegetation that is regulated under Minnesota Statutes, section 103G.615, and rules adopted thereunder;
C. water aeration systems that are regulated under Minnesota Statutes, section 103G.611, and rules adopted thereunder;
D. watercraft, buoys, or other structures that are regulated under Minnesota Statutes, section 86B.111, 86B.211, or 86B.401, and rules adopted thereunder; or
E. water appropriations that are regulated under Minnesota Statutes, section 103G.271, and rules adopted thereunder.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; L 1986 c 386 art 4 s 11; 25 SR 143; 27 SR 529
Minn. R. 6115.0170 Definitions
Subpart 1. Certain terms.
For the purposes of parts 6115.0150 to 6115.0280, certain terms or words used are interpreted as follows: the word "shall" is mandatory, not permissive. All distances unless otherwise specified are measured horizontally.
Subp. 2. Alteration.
"Alteration" means any activity that will change or diminish the course, current, or cross-section of public waters.
Subp. 3. Beds of public waters.
"Beds of public waters" means all portions of public waters located below the ordinary high water level.
Subp. 3a. Boat storage structure.
"Boat storage structure" means a structure that is supported on the bed of a public water and has walls, a roof, and either an open well for boats or a floor from wall to wall.
Subp. 3b. Boathouse.
"Boathouse" means a floating structure that is moored by spuds, cables, ropes, anchors, or chains; may be intended for habitation; and has walls, a roof, and either an open well for boats or a floor from wall to wall. Boathouse does not include a houseboat or boat storage structure.
Subp. 4. Breakwater.
"Breakwater" means an offshore structure intended to protect a shore area, harbor, or marina from wave and current action, erosion, or sedimentation.
Subp. 5. Commissioner.
"Commissioner" means the commissioner of natural resources.
Subp. 6. Department.
"Department" means the Department of Natural Resources.
Subp. 7. Dock.
"Dock" means a narrow platform or structure extending waterward from the shoreline intended for ingress and egress for moored watercraft or seaplanes or to provide access to deeper water for swimming, fishing, or other water-oriented recreational activities.
Subp. 8. Drainage.
"Drainage" means any method for removing or diverting waters from public waterbasins or public water wetlands. The methods include, but are not limited to, excavation of an open ditch, installation of subsurface drainage tile, filling, diking, or pumping.
Subp. 9. Drawdown.
"Drawdown" means a temporary lowering of water levels, for a maximum duration of two years.
Subp. 9a. Ecology of the waters.
"Ecology of the waters" means the natural aquatic environment, including organisms, physical characteristics, and interactions between and among the organisms and their surroundings.
Subp. 9b. Energy exchanger.
"Energy exchanger" means a structure designed for placement on the bed or excavated into the bed of public waters for the purpose of exchanging energy for heating or cooling and includes accompanying hoses or lines connecting the energy exchange components.
Subp. 10. Excavation.
"Excavation" means the displacement or removal of the sediment or other materials from the beds of public waters by means of hydraulic suction or mechanical operations.
Subp. 11. Fill.
"Fill" means any material placed or intended to be placed on the bed or bank of any public water.
Subp. 12. Filter.
"Filter" means a transitional layer of gravel, small stone, or fabric between the fine material of an embankment and riprap shore protection materials.
Subp. 13. Floating structure.
"Floating structure" means any structure, except for boathouses, watercraft, and seaplanes, that is supported entirely by its own buoyancy and can be removed from public waters before winter freeze-up by skidding intact or by disassembly with hand tools.
Subp. 14. Floodplain.
"Floodplain" means the areas adjoining a watercourse which has been or hereafter may be covered by the regional flood.
Subp. 15. Floodway.
"Floodway" means the channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood.
Subp. 16. Harbor.
"Harbor" means either an inland or offshore area protected from waves which is intended for the mooring of watercraft.
Subp. 16a. Houseboat.
"Houseboat" means a motorboat that has either a pontoon or a flat-bottomed hull configuration and a permanent enclosed superstructure that houses, at a minimum, built-in sleeping, cooking, and toilet facilities.
Subp. 16b. Ice ridge.
"Ice ridge" means a linear mound of lakebed materials pushed up onto the lakeshore by the action of ice.
Subp. 17. Inland boat slip.
"Inland boat slip" means an inland excavation generally having a uniform width which serves as a protective area for launching and mooring of a single watercraft.
Subp. 18. Inland excavation.
"Inland excavation" means any excavation intended to extend the cross-section of public waters landward of the natural or preexisting shoreline.
Subp. 18a. Local government unit.
"Local government unit" has the meaning given in part 8420.0111, subpart 38.
Subp. 18b. Local origin.
"Local origin" means a source for live plant materials and their propagules that is limited to areas of the same region where the plant materials are proposed to be planted, not to exceed 200 miles from where the plant materials are proposed to be planted.
Subp. 19. Low-water ford type crossing.
"Low-water ford type crossing" means a stream crossing which conforms to the natural cross-section of the stream and utilizes the placement of a suitable substrate to allow vehicular passage without confining the stream flow within culverts or other hydraulic enclosures.
Subp. 20. Marina.
"Marina" means either an inland or offshore commercial mooring facility for the concentrated mooring of seven or more watercraft or seaplanes wherein commercial ancillary services common to marinas are provided.
Subp. 21. Maximum.
"Maximum," with respect to storage capacity, refers to the most severe design condition, including surcharge (floodwater storage).
Subp. 22. Mining activity.
"Mining activity" means the construction, reconstruction, repair, relocation, expansion, or removal of any facility for the extraction, stockpiling, storage, disposal, or reclamation of metallic or nonmetallic minerals. Facilities include all mine pits, quarries, stockpiles, tailings basins, and any structures which drain or divert public waters to allow mining. Ancillary facilities such as access roads, bridges, culverts, and water level control structures are not mining activities.
Subp. 23. Mooring.
"Mooring" means any containment of free-floating watercraft that provides a fixed fastening for the craft.
Subp. 23a. Mooring facility.
"Mooring facility" means a concentrated area intended solely for the mooring or containment of seven or more watercraft or seaplanes by docks, mooring buoys, or other means.
Subp. 23b. Native plants.
"Native plants" means indigenous plant species growing in an ecological classification system province or a major watershed in Minnesota prior to European settlement.
Subp. 24. Offshore.
"Offshore" means the area waterward of the ordinary high water level of a public water.
Subp. 25. Ordinary high water level.
"Ordinary high water level" means the boundary of public waters as defined in Minnesota Statutes, section 103G.005, subdivision 14.
Subp. 26.
[Repealed, 27 SR 529]
Subp. 26a. Permit.
"Permit" means a public waters work permit required under Minnesota Statutes, section 103G.245.
Subp. 27. Port.
"Port" means a water transportation complex established and operated under the jurisdiction of a port authority pursuant to Minnesota Statutes, chapter 458.
Subp. 28. Port facility.
"Port facility" means any facility useful in the maintenance and operation of a port. Facilities include, but are not limited to, transportation facilities, terminal and storage facilities, floating and handling equipment, power stations, and other facilities necessary for the maintenance and operation of a port.
Subp. 29. Principal spillway.
"Principal spillway" means a spillway designed to convey water from an impoundment at release rates established for the structure.
Subp. 30. Professional engineer.
"Professional engineer" means an engineer registered to practice in Minnesota.
Subp. 30a. Project.
"Project" means a specific plan, contiguous activity, proposal, or design necessary to accomplish a goal. As used in parts 6115.0150 to 6115.0280, a project may not be split into components or phases for the sole purpose of gaining an exemption from permit requirements.
Subp. 31. Public water or public waters.
"Public water" or "public waters" means those waters of the state identified under Minnesota Statutes, section 103G.005, subdivision 15 or 15a, or 103G.201.
Subp. 31a. Public water wetlands.
"Public water wetlands" means those public waters of the state identified as public water wetlands under Minnesota Statutes, section 103G.005, subdivision 15a, or 103G.201, as shown on the public water inventory maps.
Subp. 31b. Public waterbasins.
"Public waterbasins" means those public waters of the state identified as public waterbasins under Minnesota Statutes, section 103G.005, subdivision 15, clauses (1) to (8), or 103G.201, as shown on the public water inventory maps. Public waterbasins includes public water wetlands reclassified as public waters according to the procedures in Minnesota Statutes, section 103G.201.
Subp. 31c. Public watercourse.
"Public watercourse" means those public waters of the state identified as natural and altered natural watercourses under Minnesota Statutes, section 103G.005, subdivision 15, clauses (9) and (10), or 103G.201, as shown on the public water inventory maps.
Subp. 31d. Public waters inventory or protected waters inventory.
"Public waters inventory" or "protected waters inventory" means the map prepared by the commissioner on file with the auditor of a county under Minnesota Statutes, section 103G.201.
Subp. 31e. Public waters work permit.
"Public waters work permit" means a permit issued by the commissioner under Minnesota Statutes, section 103G.245.
Subp. 32. Reconstruction.
"Reconstruction" means the rebuilding or renovation of an existing structure, where the cost of such work will exceed 50 percent of the replacement cost.
Subp. 33. Regional flood.
"Regional flood" means the flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval.
Subp. 34. Retaining walls.
"Retaining walls" means vertical or nearly vertical structures constructed of mortar-rubble masonry, handlaid rock or stone, vertical timber pilings, horizontal timber planks with piling supports, sheet pilings, poured concrete, concrete blocks, or other durable materials and constructed approximately parallel to the shoreline.
Subp. 35. Riprap shore protection.
"Riprap shore protection" means coarse stones, boulders, cobbles, artificially broken rock or concrete, or brick materials laid loosely or within gabion baskets against the slope of the existing bank of a public water.
Subp. 36.
[Repealed, 27 SR 529]
Subp. 36a. Shoreline zone.
"Shoreline zone" means an area immediately waterward of the ordinary high water level that may include the littoral area of a water body.
Subp. 37. Structure.
"Structure" means any building, footing, foundation, slab, roof, boathouse, deck, wall, dock, bridge, culvert, or any other object extending over or under, anchored to, or attached to the bed or bank of a public water.
Subp. 38. Structural height.
"Structural height" means the vertical distance from the natural bed of the stream or watercourse measured at the downstream toe of the control structure or from the lowest elevation of the outside limit of the control structure, if it is not across a stream channel or watercourse, to the maximum storage elevation.
Subp. 39. Swellhead.
"Swellhead" means the difference between the headwater elevation necessary to pass the regional flood through the proposed structure and the tail water elevation below the structure.
Subp. 40. Temporary structure.
"Temporary structure" means any dock, floating structure, watercraft lift, watercraft canopy, or other structure that can be removed from public waters by skidding intact or by disassembly with hand tools.
Subp. 41. Watercourse.
"Watercourse" means any channel having definable beds and banks capable of conducting generally confined runoff from adjacent lands. During floods water may leave the confining beds and banks but under low and normal flows water is confined within the channel. A watercourse may be perennial or intermittent.
Subp. 42. Water level control structure.
"Water level control structure" means any structure which impounds or regulates the water surface elevation or flow of public waters, including dams regulated under the provisions of parts 6115.0300 to 6115.0520.
Subp. 42a. Watercraft canopy.
"Watercraft canopy" means a structure or device with a fabric covered roof and without walls or a floor that is placed on the bed of a public water, is designed to shelter watercraft, and is designed and constructed so that all components may be removed from the lake or stream bed on a seasonal basis by skidding intact or by disassembly with hand tools.
Subp. 42b. Watercraft lift.
"Watercraft lift" means a structure or device without walls that is placed on the bed of a public water, is designed to lift watercraft above the level of the public water when not in use, and is designed and constructed so that all components may be removed from the lake or stream bed on a seasonal basis by skidding intact or by disassembly with hand tools. A watercraft lift may be designed to include a fabric covered roof.
Subp. 43. Wharf.
"Wharf" means a permanent structure constructed into navigable waters as a part of a port facility for berthing or mooring commercial watercraft, or for transferring cargo to and from watercraft in an industrial or commercial enterprise, or for loading or unloading passengers from commercial watercraft, or for the operation of a port facility.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529; 34 SR 145
Minn. R. 6115.0180 [Repealed by amendment, 8 SR 533]
[Repealed by amendment, 8 SR 533]
Minn. R. 6115.0190 Filling Into Public Waters
Subpart 1. Goals.
It is the goal of the department to limit the placement of any fill material into public waters in order to:
A. minimize encroachment, change, or damage to the environment;
B. regulate the quantity and quality of fill and the purposes for which filling may be allowed based upon the capabilities of the waters to assimilate the material; and
C. maintain consistency with floodplain, shoreland, and wild and scenic rivers management standards and ordinances.
Subp. 2. Scope.
Filling as used in this part involves placement of unconfined or loosely confined materials in public waters.
Subp. 3. Prohibited placement.
Placement is prohibited in the following cases:
A. to achieve vegetation control;
B. to create upland areas, except where expressly provided herein;
C. to stabilize beds of public waters which cannot support fill materials because of excessive depths of muck, steep bank, bed slope, or other conditions;
D. to stabilize or impound the site of active springs;
E. to dispose of rock, sand, gravel, or any other solid material resulting from activities carried out above the ordinary high water level;
F. to construct a roadway or pathway, or create or improve land accesses from peripheral shorelands to islands, or to facilitate land transportation across the waters; however, when a project is proposed by a federal, state, or local government agency and this provision would prevent or restrict the project, or create a major conflict with other public purposes or interests, the commissioner may waive this provision if:
G. filling posted fish spawning areas.
Subp. 4. No permit required.
No permit is required for the following activities unless prohibited under subpart 3:
A. to install a beach sand blanket if:
B. for one additional installation of a sand or gravel layer subsequent to an initial installation at the same location and not exceeding the same amounts and dimensions allowed under item A; or
C. to place fill in a public watercourse having a total drainage area, at its mouth, of five square miles or less, if the watercourse is not an officially designated trout stream and the placement of fill does not result in:
Subp. 5. Permits required.
Permits are required for the placement of fill in public waters, except as provided under subparts 3 and 4, and a project must meet all of the following requirements:
A. the project does not exceed more than a minimum encroachment, change, or damage to the environment, particularly the ecology of the waters;
B. the fill consists of clean inorganic material that is free of pollutants and nutrients;
C. the existence of a stable, supporting foundation is established by appropriate means, including soil boring data where deemed necessary by the commissioner;
D. where erosion protection is deemed necessary by the commissioner, the site conditions and fill material are capable of being stabilized by an approved erosion control method such as riprap, retaining wall, or other method which is consistent with existing land uses on the affected public water;
E. the proposed project represents the minimal impact solution to a specific need with respect to all other reasonable alternatives;
F. the size, shape, depths, shoreline, and bottom character and topography, and susceptibility of the beds of public waters to actions of wind, waves, and currents are such that the fill will be stable;
G. adverse effects on the physical or biological character of the waters are subject to feasible and practical measures to mitigate the effects;
H. the proposed filling is consistent with applicable floodplain, shoreland, and wild and scenic rivers management standards and ordinances for the waters involved; and
I. the proposed filling is consistent with water and related land management plans and programs of local and regional governments, provided such plans and programs are consistent with state plans and programs.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529
Minn. R. 6115.0191 Specific Standards; Filling
Subpart 1. In general.
In addition to compliance with the general standards in part 6115.0190, subparts 2 to 5, specific requirements for certain activities shall be met as follows.
Subp. 2.
[Repealed, 27 SR 529]
Subp. 3. Navigational access.
Filling to gain navigational access to waters shall be permitted only where access to navigable depths cannot be reasonably attained by utilizing a dock, the excavation of an offshore access channel, or other alternatives which would result in less environmental impact.
Fill for navigational access shall not extend beyond the edge of open water, shall not exceed side slopes greater than 2:1 horizontal:vertical, shall not exceed a maximum width of 15 feet at the base of the fill, and shall not extend to a water depth greater than four feet.
Subp. 4. Shoreline lost by erosion.
Permits for filling to recover shoreland lost by erosion or other natural forces shall be granted if:
A. the loss of shoreline is a threat to health and safety through the impending loss or damage to existing shoreline developments; or
B. the loss of shoreline has occurred as a result of changes in water level or flow conditions caused by artificial manipulation of flows or levels of the waters involved within a period of not more than five years prior to the date when an application for filling is submitted. The requirements of items A and B do not preclude the issuance of permits to recover up to 400 square feet of eroded area or to place riprap materials or use other structural means for protection of the shoreline to prevent continuous erosion.
Subp. 5. Port development or improvement.
Filling necessary for port development or improvement is allowed only on those waters that are under the jurisdiction of established port authorities subject to the following:
A. no filling is allowed to extend beyond the limits of federally established harbor lines, or when no harbor line has been established, beyond the maximum distance waterward which could be attained without obstructing navigational use of the waters;
B. the proposed development is part of a comprehensive port development plan that has been approved by the commissioner; and
C. adverse effects of the proposed filling on the physical and biological character of the area are subject to mitigation measures approved by the commissioner.
Subp. 6. Fish and wildlife habitat.
Filling to restore or improve fish and wildlife habitat, except for filling in designated trout streams, shall be permitted provided plans are submitted showing the nature and degree of habitat to be benefited, and the project will not create other adverse effects such as flooding, erosion, sedimentation, or navigational obstructions.
Subp. 7. Trout streams.
Filling in trout streams officially designated by the commissioner is allowed only if:
A. the amount, method of placement, and location of the fill will not result in increased water temperatures, excessive sedimentation in the stream, or destruction of fish habitat; and
B. there is no other feasible or practical alternative other than filling.
Subp. 8. Other purposes.
Filling for other purposes not specifically listed shall be subject to the general standards in part 6115.0190, subparts 2 to 5, and submission of information to show that:
A. the intended purpose of the fill is reasonable with respect to all other alternatives and there are no feasible and practical means to attain the intended purpose without filling; and
B. the proposal will adequately protect public safety and promote the public welfare.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 27 SR 529
Minn. R. 6115.0192 Relationship to Standards and Criteria for Other Activities Involving Changes in Course, Current, or Cross-Section
Unless otherwise specified in other parts, parts 6115.0190 and 6115.0191 shall apply to filling proposed as part of any other activity or activities including but not limited to: excavations, parts 6115.0200 to 6115.0202; structures, parts 6115.0210 to 6115.0212; water level controls, parts 6115.0220 to 6115.0222; bridges and culverts, parts 6115.0230 to 6115.0232; drainage of public waters, parts 6115.0270 to 6115.0272; and alterations of public waters for mining, part 6115.0280.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529
Minn. R. 6115.0200 Excavation of Public Waters
Subpart 1. Goals.
It is the goal of the department to limit the excavation of materials from the beds of public waters in order to:
A. preserve the natural character of public waters and their shorelands, in order to minimize encroachment, change, or damage to the environment, particularly the ecosystem of the waters;
B. regulate the nature, degree, and purpose of excavations so that excavations will be compatible with the capability of the waters to assimilate the excavation; and
C. control the deposition of materials excavated from public waters and protect and preserve the waters and adjacent lands from sedimentation and other adverse physical and biological effects.
Subp. 2. Scope.
Excavation as used in this part includes any activity that results in the displacement or removal of bottom materials or the widening, deepening, straightening, realigning, or extending of public waters. It may involve proposals for excavations landward or waterward from the ordinary high water level.
Subp. 3. Prohibited excavation.
Excavation is prohibited in the following cases:
A. where it is intended to gain access to navigable water depths when such access can be reasonably attained by alternative means which would result in less environmental impact;
B. where inland excavation is intended to extend riparian rights to nonriparian lands, or to promote the subdivision and development of nonriparian lands;
C. when the proposed excavation will be detrimental to significant fish and wildlife habitat and there are no feasible, practical, or ecologically acceptable means to mitigate the effects;
D. when the proposed excavation will take threatened or endangered species listed in chapter 6134 without authorization by the commissioner according to parts 6212.1800 to 6212.2300;
E. where it is intended to provide fill materials for development purposes except as provided under part 6115.0280;
F. where the excavation would not provide an effective solution to a problem because of recurrent sedimentation and there are feasible and practical alternative solutions which do not require excavation;
G. unless the excavation project includes provisions for acceptable disposal of excavated materials as provided in these rules; or
H. where the excavation would cause increased seepage of water which would lower the water level of public waters and result in subsurface drainage.
Subp. 4. No permit required.
No permit for excavation is required for the following activities unless prohibited in subpart 3:
A. for excavations in a public watercourse having a total drainage area, at its mouth, of five square miles or less, if the watercourse is not an officially designated trout stream and the excavation will not result in:
B. to remove debris such as trees, logs, stumps, and trash provided such removal does not alter the original alignment, slope, or cross-section of the waters; or
C. for repair of a public drainage system lawfully established under Minnesota Statutes, chapters 103D and 103E, and sponsored by the public drainage authority consistent with the definition of "repair" in Minnesota Statutes, section 103E.701, subdivision 1.
Subp. 5. Permits required.
Permits are required for the excavation and removal of any materials from public waters or any excavations extending into or out of public waters, except as provided in subparts 3 and 4, and a project is subject to the following general criteria:
A. the project is reasonable and practical based upon geologic and hydrologic conditions, including but not limited to:
B. the disposal of excavated materials is subject to the following requirements:
C. the proposed project represents the "minimal impact" solution to a specific need with respect to all other reasonable alternatives and does not exceed more than a minimum encroachment, change, or damage to the environment, particularly the ecology of the waters;
D. the excavation is limited to the minimum dimensions necessary for achieving the desired purpose;
E. when excavation is proposed in a public water that is perched on an impervious stratum, soil borings show that the proposed excavation will not rupture the impervious stratum;
F. the biological character of the waters and surrounding shorelines is affected to the minimum degree feasible and practical;
G. adverse effects on the physical or biological character of the waters are subject to feasible and practical measures to mitigate the effects;
H. the water supply, navigational, and drainage characteristics of the waters is protected to ensure that the interests of the public and of private riparian landowners are not adversely affected by the proposed excavation;
I. the proposed excavation is consistent with applicable floodplain, shoreland, and wild and scenic rivers management standards and ordinances for the waters involved;
J. the proposed excavation is consistent with plans and management programs of local and regional governments, provided that such plans are consistent with state plans and programs; and
K. for harbors, boat slips, and other mooring facilities, the excavation is appropriately sized to provide a single mooring space for each riparian lot to be served. The number of mooring spaces to be provided shall generally be the amount of natural shoreline to be served divided by the lot requirements of the local land use control authority and the state shoreland management standards.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; L 1985 c 172 s 80; L 1985 1Sp16 art 2 s 19; 25 SR 143; 27 SR 529
Minn. R. 6115.0201 Specific Standards; Excavation
Subpart 1. In general.
In addition to compliance with the general standards in part 6115.0200, subparts 2 to 5, specific requirements shall be met for the activities described in subparts 2 to 7.
Subp. 2. Excavations for beach development.
The existing site conditions will not provide a suitable beach using a sand blanket alone. When the proposal includes the installation of a beach sand blanket, the area to be excavated shall be consistent with the criteria for filling under part 6115.0190, subparts 2 to 5. The depth of excavation needed to reach a suitable beach stratum shall be the minimum depth necessary considering anticipated site maintenance and reasonable water depths for a beach.
Subp. 3. Waterbasin excavations.
Excavations for improvement or enhancement of hydrologic and biologic conditions in all, or large portions of waterbasins:
A. A public need for the excavation has been established by local governmental resolution specifying the public interests to be improved or enhanced, except where the project is state sponsored.
B. The proposed project is intended to achieve one or more of the following public purposes:
C. The proposed excavation is part of an overall improvement or enhancement project based upon adequate background and field test data for which a comprehensive plan is submitted at the time of application detailing all of the following:
Subp. 4. Excavations for navigation-related purposes.
Excavations for navigation-related purposes:
A. Access channels from shorelines for recreational craft. Excavations for accesses from shorelines to reach navigable depths shall not be allowed if access could reasonably be obtained through use of a dock to reach navigable depths, and prevalent wind, wave, and current conditions would not impair reasonable access to reach navigable depths. When shoreline conditions and wind, wave, and current conditions preclude access to navigable depths, excavations for navigational access shall be allowed provided the access channel shall not exceed four feet in depth, more than 15 feet in bottom width, and will not extend to an offshore water depth greater than four feet.
B. Other navigational channels. Excavations shall be limited to the minimum depth and width necessary to allow reasonable use of anticipated watercraft. Excavations to provide maintenance of navigational channel projects shall be limited to the length, width, and depth dimensions of the original channel.
Subp. 5. Harbors and boat slips.
Harbors and boat slips:
A. Excavations for development of offshore or inland harbors or boat slips for the mooring of more than 25 watercraft or watercraft larger than 20 feet in length shall be restricted to those waters which have the following characteristics:
B. Excavations for development of offshore harbors serving fewer than 25 watercraft shall be limited to those water areas where the location of the proposed offshore harbor would not create unreasonable obstructions to public use and navigation on the water involved. Unreasonable obstructions include any development which would result in threats to public health, safety, or welfare.
C. Excavations for development of private inland harbors or boat slips serving fewer than 25 watercraft or watercraft less than 20 feet in length shall be limited to those waters where:
D. The width and length of boat slips shall not exceed 150 percent of the width and length of the anticipated watercraft and all authorized boat slips shall be oriented to maximize the degree of wave protection.
E. Excavations for development of inland harbors shall be limited to those waters described in item C and shall meet the following additional requirements:
Subp. 6. Excavations for fish and wildlife habitat improvement.
Excavation to restore or improve fish and wildlife habitat require plans showing the nature and degree of habitat to be benefited, and information showing that the project will not create other adverse effects such as flooding, erosion, sedimentation, or navigational obstructions.
Excavations in trout streams officially designated by the commissioner shall be allowed only if:
A. the amount, method, and location of the excavation will not result in increased water temperatures, cause excessive sedimentation in the stream, or destruction of fish habitat; and
B. there is no other feasible or practical alternative other than excavation.
Subp. 7. Excavations in public watercourses.
Except as noted in part 6115.0200, subpart 4, a permit shall be required for any excavation in a public watercourse and shall be subject to the following specific requirements in addition to the general requirements of part 6115.0200, subparts 2 to 5:
A. The watercourse capacity shall be sufficient to adequately convey normal runoff.
B. The watercourse bottom gradients shall be such that normal low flow velocities are nonerosive and the sideslopes shall be graded such that bank slumping is not a hazard. Where excavation will result in excessive bank erosion, energy dissipation structures, channel and bank protection, or other engineering measures shall be required.
C. The outlet shall be adequate in that it:
D. When projects involve widening or straightening which alters the watercourse banks, all sideslopes which contribute direct surface runoff into the authorized altered watercourse, and a strip of land along both sides of the watercourse, one rod wide or to the top of the spoil bank, whichever is the greater, shall be seeded and maintained in permanent grasses. No mowing of this grassed strip shall be allowed until after July 31 of each year.
E. The alignment and slope of the excavated channel shall be such as to provide a smooth transition between the existing and the excavated channel.
F. Disposal of excavated material from channel excavation shall be consistent with part 6115.0200, subpart 5, except where the original channel is allowed to be filled as part of the project.
G. No significant increase in flood damages will be permitted. Floodwater retardance structures may be required to minimize any increase in flood damage.
H. The applicant shall submit the names and addresses of landowners located immediately upstream, downstream, and adjacent to any proposed watercourse alteration resulting from excavation. In addition, the applicant shall submit the names and addresses of other landowners and occupants that the commissioner, after reviewing the plans for the proposed excavation, believes will have a substantial interest in the channel change or will be substantially affected by the watercourse alteration.
I. The preferred alternative to widening, deepening, or straightening a watercourse for control of flood waters is the construction of water impoundment structures in upstream areas. Where impoundments are infeasible, impractical, or would result in adverse effects on health and safety or greater adverse environmental effects, the preferred alternative is the construction of flood bypass channels to convey high velocity flood flows. Excavations in public watercourses for flood management purposes shall be allowed only where an upstream impoundment or a flood bypass channel is infeasible or impractical or excavation is the least damaging environmentally. Excavations for widening, deepening, or straightening portions of watercourses shall be based on flood management plans which provide details on the relationship of the proposed excavation to management of flood flows for the entire watercourse and shall be consistent with state standards and state approved local standards for floodplain management including maximum use of nonstructural measures where feasible and practical.
J. Excavations shall be limited to the minimum extent necessary to facilitate construction of the road crossing and shall include provisions for adequate riprap or other bank protection measures to protect altered banks from erosion.
K. Excavations for construction of sediment traps or settling basins to control sedimentation and water quality shall be based on plans approved by the Pollution Control Agency or the local soil and water conservation district and shall be consistent with any state and local standards, regulations, and requirements.
L. Watercourse channel excavations to restore or improve fish and wildlife habitat shall require plans showing the nature and degree of habitat to be benefited, and information showing that the project will not create other adverse effects such as flooding, erosion, sedimentation, or navigational obstructions.
M. Watercourse channel excavations in trout streams officially designated by the commissioner shall only be allowed if:
N. The straightening or realignment of a watercourse with a total drainage area, at its mouth, greater than five square miles shall only be permitted where the project will not result in increased downstream flooding, erosion, or sedimentation. Where it is proposed to straighten or realign a watercourse with a total drainage area, at its mouth, greater than five square miles, the applicant may be required to submit appropriate hydraulic data. Such data may include:
O. The alteration of watercourses by straightening or realigning channels to facilitate adjacent land use shall be allowed only if the applicant provides evidence:
P. All other proposals for excavations in public watercourses shall meet the general requirements of part 6115.0200, subparts 2 to 5 and the specific requirements of subparts 2 to 6 and shall require submission of supporting evidence as provided in items N and O.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529
Minn. R. 6115.0202 Relationship to Standards and Criteria for Other Activities Involving Changes in Course, Current, or Cross-Section
Unless otherwise specified in other parts, parts 6115.0200 and 6115.0201 shall apply to excavations proposed as part of any other activity or activities including but not limited to: filling, parts 6115.0190 to 6115.0192; structures, parts 6115.0210 to 6115.0212; water level controls, parts 6115.0220 to 6115.0222; bridges and culverts, parts 6115.0230 to 6115.0232; drainage of public waters, parts 6115.0270 to 6115.0272; and alterations of public waters for mining, part 6115.0280.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529
Minn. R. 6115.0210 Structures in Public Waters
Subpart 1. Goals.
It is the goal of the department to limit the occupation of public waters by offshore navigational facilities, retaining walls, and other structures in order to:
A. preserve the natural character of public waters and their shorelands;
B. provide a balance between the protection and utilization of public waters; and
C. encourage the removal of existing structures which do not serve the public interest from the beds of public waters at the earliest practicable date.
Subp. 2. Scope.
This part applies to the placement, construction, reconstruction, repair, relocation, abandonment, or removal of any structure placed on or in public waters.
Subp. 3. Prohibited placement of structures.
Placement of structures, temporary structures, and floating structures is prohibited when the structure, temporary structure, or floating structure:
A. will obstruct navigation or create a water safety hazard;
B. will be detrimental to significant fish and wildlife habitat. Construction is prohibited in posted fish spawning areas;
C. is designed or intended to be used for human habitation or as a boat storage structure;
D. is designed or intended to include walls, a roof, or sewage facilities; or
E. will take threatened or endangered species listed in chapter 6134 without authorization by the commissioner according to parts 6212.1800 to 6212.2300.
Subp. 4. No permit required.
No permit is required for the following activities, unless prohibited under subpart 3:
A. to construct, reconstruct, or install a dock, floating or temporary structure, watercraft lift, or mooring facility if:
B. to construct or reconstruct a boat launching ramp if:
C. to remove structures or other waterway obstructions if:
Subp. 5. Permits required; criteria.
Permits are required for the construction, reconstruction, repair, or relocation of any structure or mooring facility on or in public waters, except as provided under subparts 3 and 4, and a project must meet the following general criteria:
A. the proposed project must represent the minimal impact solution to a specific need with respect to all other reasonable alternatives;
B. the project does not exceed more than a minimum encroachment, change, or damage to the environment, particularly the ecology of the waters;
C. the proposed structure is consistent with applicable floodplain, shoreland, and wild and scenic rivers management standards and ordinances for the waters involved;
D. adverse effects on the physical or biological character of the waters are subject to feasible and practical measures to mitigate the effects;
E. the proposed structure is consistent with water and related land management plans and programs of local and regional governments, provided these plans and programs are consistent with state plans and programs; and
F. except for mooring facilities and boat ramps, all new structures have a title-registered permit, unless a public agency or local governmental unit accepts responsibility for future maintenance or removal.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529
Minn. R. 6115.0211 Specific Standards; Structures
Subpart 1. In general.
In addition to compliance with the general standards in part 6115.0210, subparts 2 to 5, specific requirements shall apply to the activities described in subparts 3 to 8.
Subp. 2.
[Repealed, 27 SR 529]
Subp. 3. Wharves.
A permit is required for the construction or reconstruction of all wharves. The following order of preference for construction types shall be utilized: bulkheaded shoreline, inland slip with bulkheaded sidewalls, and wharf projecting into public waters.
Wharves shall be approved if the structure:
A. is part of a designated port facility;
B. is consistent with local land use plans and ordinances;
C. does not extend further waterward than any existing wharves in the area or beyond any established harbor line, whichever is less;
D. is of the minimum practicable size; and
E. is not an obstruction to flood flows or longshore drift and is adequately designed to resist the natural forces of ice, wind, and wave.
Subp. 4. Breakwaters.
A permit is required for the construction or reconstruction of all offshore breakwaters. These structures shall be approved if the following general conditions and the additional listed specific conditions are met:
A. alternative dock or inland facilities are infeasible;
B. the structure is limited to those waters where:
C. the facility is adequate in relation to appropriate engineering factors, including but not limited to those listed in part 6115.0201, subpart 5, item E, subitem (2), units (f) to (n);
D. the plan is adequate in relation to the geologic and hydrologic factors listed in part 6115.0201, subpart 5, item E, subitem (2), units (a) to (e);
E. the structure is designed in a compact fashion so as to blend in with the surrounding shoreline and so that all mooring and maneuvering activities can be normally confined to an area bounded by the property lines as extended into the public waters while minimizing the surface area occupied in relation to the number of watercraft to be served; and
F. the breakwaters do not exceed the minimum thickness necessary to withstand the anticipated forces consistent with maintenance requirements and are faced with an adequate layer of natural rock riprap of appropriate size and gradation.
Subp. 4a. Mooring facilities.
Except as provided in part 6115.0210, subpart 4, item A, a permit is required for the construction of all offshore mooring facilities. A mooring facility shall be approved if the following general conditions and the additional listed specific criteria are met:
A. the mooring facility is designed in a compact fashion so as to blend in with the surrounding shoreline and so that all mooring and maneuvering activities can be normally confined to an area bounded by the property lines as extended into public waters while minimizing the surface area occupied in relation to the number of watercraft to be served;
B. the mooring facility minimizes encroachment waterward of the ordinary high water level;
C. for docks or mooring facilities more than eight feet in width, the applicant provides reasonable justification that the proposed width represents the minimal impact solution to a specific need with respect to all reasonable alternatives; and
D. offshore mooring facilities shall be approved, subject to the listed specific conditions:
Subp. 5. Retaining walls and erosion and sedimentation control structures.
A permit is required for the construction or reconstruction of all retaining walls and erosion and sedimentation control structures that do not impound water. The construction of retaining walls is discouraged because their appearance is generally not consistent with the natural environment and their construction and maintenance cost is generally greater than riprap.
The issuance of permits is contingent on the following conditions:
A. existing or expected erosion problems preclude the use of riprap shore protection, there is a demonstrated need for direct shoreland docking, or the design is consistent with existing uses in the area. Examples are: riverfront commercial-industrial areas having existing structures of this nature, dense residential shoreland areas where similar retaining walls are common, resorts where floating docks may be attached to such a bulkhead, or where barges are utilized to transport equipment and supplies;
B. adequate engineering studies are performed of foundation conditions, tiebacks, internal drainage, construction materials, and protection against flanking;
C. the facility is not an aesthetic intrusion upon the area and is consistent with all applicable local, state, and federal management plans and programs for the water body; and
D. encroachment below the ordinary high water level is held to the absolute minimum necessary for construction.
Subp. 6. Boat launching ramp.
A permit is required for the construction or reconstruction of any boat launching ramp not covered under part 6115.0210, subpart 4, item B, and shall be granted if:
A. the applicant demonstrates a need for a launching facility;
B. the proposed ramp is of the minimum dimensions necessary for launching of watercraft;
C. the proposed ramp does not obstruct flowing water; and
D. construction does not necessitate alteration of shoreland that could result in substantial erosion and sedimentation.
Subp. 6a. Boathouses.
A permit is required for the construction, reconstruction, relocation, removal, or repair of a boathouse. The permit shall be granted if the following conditions are met:
A. the boathouse is located in an area of historic boathouse use. "Historic boathouse use" shall be determined by the commissioner and shall be based on a review of factual information such as photographs, local government comments, newspaper accounts, or other relevant information;
B. the boathouse is approved by the local unit of government by means of a resolution with supporting documentation that identifies the owner, length, width, height, number of rooms, and sanitary facilities of the boathouse; and
C. the boathouse was located on public waters before January 1, 1997.
Subp. 6b. Energy exchangers.
A permit is required for the construction, reconstruction, relocation, or repair of energy exchangers located on the bed of a public water. The permit shall be granted if the following general conditions and the additional listed specific conditions are met:
A. there are no other feasible and practical alternative sites for the project that would have less environmental impact;
B. a closed loop design is utilized;
C. the facility is designed in accordance with sound engineering practices;
D. the facility is not located in a designated trout stream or lake, a designated wild and scenic river, or an outstanding resource value water as defined in part 7050.0335;
E. the facility is designed in a fashion and located so as not to cause a navigation hazard;
F. the facility will not exceed more than a minimum encroachment, change, or damage to the environment, particularly the ecology of the waters;
G. the facility will not take threatened or endangered species identified in chapter 6134 without authorization by the commissioner according to parts 6212.1800 to 6212.2300;
H. the facility will not contain substances, if released into public waters, that would be detrimental to water quality or plant or animal life forms; and
I. the construction, relocation, or reconstruction of privately owned structures shall be permitted only when a federal, state, or local governmental agency accepts responsibility for future maintenance of the facility or its removal in the event that the private owner fails to maintain or abandons the facility.
Subp. 7. Other facilities.
A permit is required for the construction, reconstruction, relocation, removal, repair, and abandonment of all other offshore structures, boat storage structures, cables other than utility crossings, pilings, or other structures not covered by specific regulations.
A. Permits for structural repair, relocation, or modification, other than minor maintenance work such as reroofing, painting of structures, or similar work, shall be issued if all of the following conditions are met:
B. Permits for construction, relocation, or reconstruction of publicly owned structures shall be issued where:
C. The construction, relocation, or reconstruction of privately owned structures, other than docks and mooring facilities, shall be permitted only when a governmental agency or local unit of governmental accepts responsibility for future maintenance of the structure or its removal.
Subp. 8. Removal of structures.
Where the commissioner has determined that a structure is no longer functional, constitutes a public nuisance or a hazard to navigation, or poses a threat to public health or safety, the structure shall be removed from public waters under the applicable provisions of these rules. Except as provided under part 6115.0210, subpart 4, item C, a permit is required for the removal or abandonment of all existing waterway obstructions including boathouses, bridges, culverts, pilings, piers, and docks. Permits shall be issued provided:
A. the original cross-section and bed conditions will be restored insofar as practicable;
B. adequate provisions are made to mitigate any side effects resulting from removal, such as restoration of wave or current forces; and
C. no portion of the structure remains which would obstruct or impair navigation, interfere with the passage of flood waters, or contribute to erosion and sedimentation.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529; 8 SR 533; 25 SR 143; 27 SR 529; 41 SR 545
Minn. R. 6115.0212 Relationship to Standards and Criteria for Other Activities Involving Changes in Course, Current, or Cross-Section
Unless otherwise specified in other parts, parts 6115.0210 and 6115.0211 shall apply to structures proposed as part of any other activity or activities including but not limited to: filling, parts 6115.0190 to 6115.0192; excavations, parts 6115.0200 to 6115.0202; water level controls, parts 6115.0220 to 6115.0222; bridges and culverts, parts 6115.0230 to 6115.0232; drainage of public waters, parts 6115.0270 to 6115.0272; and alterations of public waters for mining, part 6115.0280.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529
Minn. R. 6115.0215 Restoration of Public Waters
Subpart 1. Goals.
It is the goal of the department to encourage the restoration of public waters to:
A. improve and protect fish and wildlife habitat and the diversity of the habitat;
B. preserve the natural character of public waters and their shoreline zones;
C. encourage the use of natural materials for shoreline zone protection and restoration;
D. limit the removal of natural materials from the beds of public waters; and
E. prevent erosion and siltation of public waters, while maintaining natural processes.
Subp. 2. Scope.
This part applies to placement, construction, reconstruction, repair, relocation, abandonment, or other work needed to restore or protect public waters or to removal of any materials, structure, fill, water level control, excavation, or drainage device placed on or in public waters. For purposes of this part, "restoration" means the repair, reconstruction, or recreation of essentially natural or native conditions of a public water and its shoreline or banks. This part does not apply to restoration orders issued by the commissioner consistent with part 6115.0255.
Subp. 3. Prohibited work.
Public waters alteration, protection, or restoration work is prohibited when the work:
A. is detrimental to significant fish and wildlife habitat and there are no feasible, practical, or ecologically acceptable means to mitigate the effects;
B. takes threatened or endangered species listed in chapter 6134 without authorization by the commissioner according to parts 6212.1800 to 6212.2300;
C. obstructs navigation or creates a water safety hazard, as determined by the commissioner;
D. violates the regulations of any local zoning authority or water management agency;
E. results in the creation of land above the ordinary high water level that is not deemed essential by the commissioner as part of the project;
F. uses materials that are not clean and free of pollutants, nutrients, and exotic species sources;
G. manipulates water levels solely to satisfy private interests; or
H. will adversely impact public infrastructure, particularly roads and drainage systems.
Subp. 4. No permit required.
No permit is required for the following activities, unless prohibited elsewhere in parts 6115.0150 to 6115.0280:
A. to perform bank or shoreline zone restoration work using willow wattles, willow posts, brush mattressing, brush layering, fiber roll breakwaters, plant carpets, root wads, and other natural materials installed by hand for the purpose of shoreline zone restoration work, if:
B. to remove or grade an ice ridge, if all of the following conditions are met:
C. to construct, reconstruct, or abandon a water level control structure on a public watercourse with a contributing watershed of 300 acres or less, except on officially designated trout streams, if the structure does not qualify as a dam under parts 6115.0300 to 6115.0520;
D. to excavate or place fill for the purpose of planting or collecting native aquatic plants for restoration purposes, if the work is authorized by an aquatic plan management permit; and
E. to install natural rock riprap and associated filter materials where there is a demonstrated need to prevent erosion or to restore eroded shoreline, when there is a demonstrated need for such work, except along the shores of Lake Superior and officially designated trout streams, if:
Subp. 5. Permit required; criteria.
A permit is required for the restoration of public waters, except as provided under subpart 4, and shall be granted if all of the following conditions are met:
A. the proposed project represents the minimal impact solution to a specific need with respect to all other reasonable alternatives;
B. the proposed project is intended to achieve one or more of the following purposes:
C. the project does not exceed more than a minimum encroachment, change, or damage to the environment, particularly the ecology of the waters;
D. adverse effects of the proposed project on the physical or biological character of the waters are avoided when possible and are subject to feasible and practical measures to mitigate the effects;
E. the proposed project is consistent with applicable floodplain, shoreland, and wild and scenic rivers management standards and ordinances for the waters involved;
F. the proposed project is consistent with water and related land management plans and programs of local and regional governments, provided the plans and programs are consistent with state plans and programs; and
G. projects that involve the placement of fill to recover shoreland lost by erosion or other natural forces are subject to part 6115.0191, subpart 4, except that part 6115.0191, subpart 4, does not preclude the issuance of a permit to place riprap materials or use other structural and vegetative means for protection of the shoreline zone to prevent continuing erosion.
History
- Statutory Authority: MS s 103G.315
- History: 27 SR 529
Minn. R. 6115.0216 Specific Standards; Restoration
Subpart 1. In general.
In addition to compliance with the general standards in part 6115.0215, subparts 2 to 5, specific requirements apply to the activities described in subparts 2 to 6.
Subp. 2. Riprap shore protection.
The protection of shoreline from continued erosion by placement of natural rock riprap along the shore shall be approved if:
A. the riprap materials are of sufficient size, quality, and thickness to withstand ice and wave action. The riprap must be placed with a minimum amount of space between the larger materials and the space between them must be filled with firmly seated smaller rocks or gabion baskets to procure a uniform surface;
B. the site soils are capable of supporting riprap and a filter consisting of well-graded gravel, crushed stone, or fabric is installed to prevent undercutting of the riprap;
C. when site conditions warrant, the toe end of the riprap is installed in a trench excavated into the bed of the public water to anchor the riprap from ice and wave action, with all excavated materials either used to back fill behind the riprap or removed from the bed of the public water;
D. the encroachment into the water is the minimum amount necessary to provide protection and does not unduly interfere with the flow of water; and
E. adequate engineering studies are done to certify the adequacy of the design of the riprap project, if deemed necessary by the area hydrologist.
Subp. 3. Bioengineering projects.
The grading or filling of materials below the ordinary high water level to facilitate the installation or use of willow wattles, willow posts, brush mattressing, brush layering, fiber roll breakwaters, plant carpets, root wads, and other natural materials for erosion protection and shoreline zone restoration purposes shall be approved if:
A. the methods and materials used are designed in consultation with department or local government staff experienced in the use of such materials;
B. excavation and fill placement needed in conjunction with bioengineering projects are minimized and are subject to all requirements related to fill and excavation in parts 6115.0190, 6115.0191, 6115.0200, and 6115.0201; and
C. a separate aquatic plant management permit is obtained whenever the project involves planting aquatic plants other than willow and dogwood.
Subp. 4. Structural erosion control projects.
Installation of rock gabions, A-jacks, cable concrete, bendway weirs, interlocking concrete blocks, eddy rocks, deflectors, gravel riffles, or other structural methods of erosion control or bank stabilization shall be approved if:
A. adequate engineering studies are performed to determine the suitability for use of any of these types of erosion control projects, as determined by the department;
B. the project is not an aesthetic intrusion upon the area and is consistent with all applicable local, state, and federal management plans, programs, and ordinances relating to the affected waterbody;
C. encroachment below the ordinary high water level is limited to the minimum necessary for the construction project;
D. when the project involves the removal of aquatic plants, a separate aquatic plant management permit is obtained;
E. the project does not adversely impact native plants, trees, or animals; and
F. any retaining wall complies with requirements for structures under parts 6115.0210 and 6115.0211.
Subp. 5. Wave breaks.
Grading, filling, or excavation to install rock, silt fence, or any other material or device designed solely for the purpose of protecting native aquatic plants from wave or current action during their establishment shall be approved if:
A. the materials do not obstruct navigation or the flow of water;
B. the project is done in conjunction with an issued aquatic plant management permit; and
C. temporary (less than two years) wave breaks are preferred over permanent structures, which must also meet the requirements of parts 6115.0210 and 6115.0211.
Subp. 6. Other erosion control projects.
Using a structure, material, fill, excavation, or other technique that is not covered under subparts 2 to 5 and that is designed primarily to control erosion of the shoreline zone or to restore the shoreline zone to a more natural condition or altering the shoreline zone in any way that is not covered by specific regulations shall be approved if:
A. the intended purpose of the project is reasonable with respect to all other alternatives;
B. any method of erosion control that is not widely accepted as being effective is used only as a temporary or experimental project, provided that the project sponsor must totally repair the shoreline zone if the project proves to be unsuccessful within five years. A public entity must be a cosponsor of the temporary or experimental project and accept responsibility for maintenance, repair, and removal of the project;
C. the project complies with all other federal, state, and local regulations and ordinances; and
D. the project adequately protects public safety and promotes the public welfare.
Subp. 7. Contaminated site restoration projects.
Restoration of a site contaminated with materials or water determined to be hazardous or toxic through a publicly funded study or site cleanup process shall be approved if:
A. the study includes a discussion of alternative approaches to restore the contaminated site; and
B. the commissioner, in consultation with the Minnesota Pollution Control Agency, participated in either the development of the site restoration plan or study and concurs with the site restoration plan or study recommendations or participated in the development of the site restoration funding initiative and concurs with the funded initiative.
History
- Statutory Authority: MS s 103G.315
- History: 27 SR 529
Minn. R. 6115.0217 Application of Other Standards; Restoration
Unless otherwise specified in other parts, parts 6115.0215 and 6115.0216 apply to projects proposed as part of any other activity or activities including, but not limited to:
A. filling, parts 6115.0190 to 6115.0192;
B. excavations, parts 6115.0200 to 6115.0202;
C. structures, parts 6115.0210 to 6115.0212;
D. water level controls, parts 6115.0220 to 6115.0222;
E. bridges and culverts, parts 6115.0230 to 6115.0232;
F. drainage of public waters, parts 6115.0270 to 6115.0272; and
G. alterations of public waters for mining, part 6115.0280.
History
- Statutory Authority: MS s 103G.315
- History: 27 SR 529
Minn. R. 6115.0220 Water Level Controls
Subpart 1. Goals.
It is the goal of the department to manage public waters to:
A. maintain or restore natural flow and natural water level conditions to the maximum feasible extent;
B. encourage the construction of small off-channel retarding structures for the conservation of water in altered, natural waterbasins, consistent with any overall plans for the affected watershed area; and
C. limit the artificial manipulation of water levels, except when the balance of affected public interests clearly warrants the establishment of appropriate controls and it is not proposed solely to satisfy private interests.
Subp. 2. Scope.
The construction, repair, reconstruction, or abandonment of any structure intended to impound, divert, or control the level or flow of public waters is subject to the provisions of this part.
Subp. 3. Prohibited water level control facilities.
Construction or reconstruction of water level control facilities is prohibited when it is intended to manipulate water levels solely to satisfy private interests.
Subp. 4. No permit required.
No permit is required to construct, reconstruct, or abandon a water level control structure on public watercourses with a contributing watershed of 300 acres or less, except on officially designated trout streams, provided the structure does not qualify as a dam under the rules for dam safety.
Subp. 5. Permits required.
Permits are required for the construction, repair, reconstruction, or abandonment of any water level control structure, except as provided in subparts 3 and 4, and a project must meet the following general criteria:
A. the project will involve a minimum of encroachment, change, or damage to the environment, including but not limited to fish and wildlife habitat, navigation, water supply, stormwater retention, and agricultural uses;
B. adverse effects on the physical or biological character of the waters are subject to feasible and practical measures to mitigate the effects;
C. the proposed project is consistent with applicable floodplain, shoreland, and wild and scenic rivers management standards and ordinances for the waters involved;
D. the proposed project is consistent with water and related land management plans and programs of local and regional governments, provided such plans and programs are consistent with state plans and programs;
E. the construction or reconstruction complies with parts 6115.0300 to 6115.0520 with respect to dam safety for the protection of human life and property;
F. the construction or reconstruction of water level control structures or changing the level of an existing structure shall be approved only to:
G. the construction or reconstruction of water level control structures or changing the level of an existing structure on watercourses shall be approved only to:
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529
Minn. R. 6115.0221 Specific Standards; Water Level Controls
Subpart 1. Specific requirements.
In addition to the general standards in part 6115.0220, subparts 2 to 5, specific requirements for water level control structures shall be met according to this part.
Subp. 2. Permanent lake level control facilities.
A. Permanent lake level control facilities shall be approved when the commissioner initiates proceedings for the purpose of conserving or utilizing the water resources of the state and assumes responsibility for operation and future maintenance, or when all of the following conditions are met:
B. In addition to the requirements of item A, subitem (2), unit (b), if the proposed control elevation is more than 1-1/2 feet below the ordinary high water level, the permit applicant must serve a copy of the application on each county and municipality within which any portion of the lake is located and the lake improvement district, if one exists. The commissioner must not issue a permit to establish a control elevation more than 1-1/2 feet below the ordinary high water level of a lake if a county, municipality, watershed district, or lake improvement district required to be served under this item or Minnesota Statutes, section 103G.301, subdivision 6, files a written objection to the issuance of the permit with the commissioner within 30 days after receiving a copy of the application.
Subp. 3. Fish and wildlife management.
Fish and wildlife management proposals made pursuant to Minnesota Statutes, section 97A.101, or other appropriate authority shall be approved when:
A. the public water has been designated for wildlife management purposes;
B. there is a specific water level management plan for the lake basin;
C. any drawdown of the lake is only temporary and the management plans include a permanent facility for restoration of water levels following such drawdowns;
D. any alteration of a watercourse included in the plan follows the requirements specified in part 6115.0201, subpart 7;
E. appropriate easements or fee title is obtained; and
F. specified management personnel are required to establish a lake level gauge and keep a record of water levels with a specified frequency during seasons of active water level manipulation and with a lesser frequency during all other open water seasons.
Subp. 4. Certain landlocked waterbasins.
Plans for landlocked waterbasins less than 25 acres in surface area and contained completely within the municipal boundaries of a single city shall be approved when:
A. a municipal drainage plan for the affected tributary watershed is prepared by a qualified engineer or hydrologist and is approved by the affected watershed district and the city;
B. the city has a field survey made of the waterbasin after consultation with the department, including but not limited to:
C. control elevations and associated physical parameters are approved by the department and the city; and
D. the city holds a public hearing on the proposal and provides a transcript of the proceedings to the department. Provision of a transcript may be waived by the department.
Subp. 5. Other controls.
Permits for the construction, reconstruction, and abandonment of water level control structures not covered under subparts 2 to 4 shall be issued if:
A. the need is established in terms of quantifiable benefits;
B. the structural design is done by a professional engineer or by a qualified engineer of the Natural Resources Conservation Service or the Corps of Engineers and includes the following considerations:
C. adequate assurances are made for future maintenance of new water level control structures:
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; L 1986 c 386 art 1 s 19; 17 SR 1279; 25 SR 143; 27 SR 529
Minn. R. 6115.0222 Relationship to Standards and Criteria for Other Activities Involving Changes in Course, Current, or Cross-Section
Unless otherwise specified in other parts, parts 6115.0220 and 6115.0221 shall apply to water level control structures proposed as part of any other activity or activities including but not limited to: filling, parts 6115.0190 to 6115.0192; excavations, parts 6115.0200 to 6115.0202; structures, parts 6115.0210 to 6115.0212; bridges and culverts, parts 6115.0230 to 6115.0232; drainage of public waters, parts 6115.0270 to 6115.0272; and alterations of public waters for mining, part 6115.0280.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529
Minn. R. 6115.0230 Bridges and Culverts, Intakes and Outfalls
Subpart 1. Goals.
It is the goal of the department to allow crossings of public waters, including the construction of water intake and sewer outfall structures in public waters, only when less detrimental alternatives are unavailable or unreasonable, and where such facilities adequately protect public health, safety, and welfare.
Subp. 2. Scope.
The construction or reconstruction of any bridge, culvert, intake, outfall, or other crossing of public waters is subject to this part. Abandonment or removal of all crossings and structures governed by this part requires a permit according to part 6115.0211, subpart 8.
Subp. 3. Prohibited crossings.
Crossings are prohibited when the project:
A. will obstruct navigation or create a water safety hazard;
B. will cause or contribute to significant increases in flood elevations and flood damages either upstream or downstream;
C. involves extensive channelization above and beyond minor stream channel realignments to improve hydraulic entrance or exit conditions, except when a separate permit is obtained according to part 6115.0201, subpart 7;
D. will be detrimental to water quality or significant fish and wildlife habitat;
E. will take threatened or endangered species listed in chapter 6134 without authorization by the commissioner according to parts 6212.1800 to 6212.2300; or
F. will provide private access to an island.
Subp. 4. No permit required.
No permit is required to construct the following types of crossings on public waters, unless prohibited in subpart 3:
A. to construct or reconstruct a bridge or culvert on a public watercourse with a total drainage area, at its mouth, of five square miles or less, except on officially designated trout streams;
B. to construct or reconstruct a low-water ford type crossing, if:
C. to construct or reconstruct a temporary bridge, if:
D. to maintain the hydraulic adequacy of any storm sewer or agricultural drain tile outfall or ditch that has been functioning within the previous five years, if such work does not alter the original course, current, or cross-section of the public waters; or
E. to install an agricultural drain tile outletting into public waters, if the bank is restored to the original cross-section or contour and no permanent structure is placed below the ordinary high water level, except for the drain tile.
Subp. 5. Permits required.
Permits are required for the construction or reconstruction of any bridge, culvert, intake, outfall, or other crossing of public waters, except as provided in subparts 3 and 4, and a project must meet the following general criteria:
A. the project must not exceed more than a minimum encroachment, change, or damage to the environment, particularly the ecology of the waters;
B. adverse effects on the physical or biological character of the waters are subject to feasible and practical measures to mitigate the effects;
C. the proposed crossing is consistent with applicable floodplain, shoreland, and wild and scenic rivers management standards and ordinances for the waters involved;
D. the proposed crossing is consistent with water and related land management plans and programs of local and regional governments, provided such plans and programs are consistent with state plans and programs; and
E. crossings of public waterbasins or public water wetlands are allowed only when there is no feasible and practical alternative that does not require filling, excavating, or the placement of a structure in public waters.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529; L 2010 c 361 art 4 s 82
Minn. R. 6115.0231 Specific Standards; Bridges, Culverts, Intakes, and Outfalls
Subpart 1. Specific requirements.
In addition to the general standards in part 6115.0230, subparts 2 to 5, specific requirements for bridges, culverts, intakes, outfalls, and other crossings of public waters shall be met according to this part.
Subp. 2. Bridges, culverts, and other crossings.
The construction, reconstruction, or relocation of all bridges, culverts, or other crossings over public waters shall be approved if all of the following criteria are met:
A. the hydraulic capacity of the structure is established by a competent technical study. The sizing shall not be based solely on the size of existing upstream and downstream structures. If a state or federal floodplain information study exists for the area, or a United States Geological Survey gaging station is located nearby on the stream, the hydraulics of the proposed bridge/culvert design must be consistent with these data. The department may waive this requirement if:
B. new crossings and replacements of existing crossings comply with local floodplain management ordinances, with provisions of part 6120.5700, subpart 4, item A, and with the following:
C. the structure provides for game fish movement, unless the structure is intended to impede rough fish movement or the stream has negligible fisheries value;
D. the structure will not obstruct reasonable public navigation. For bridges over public watercourses, three feet above the calculated 50-year flood stage ordinarily satisfies navigational clearance requirements. For bridges over public waterbasins or public water wetlands, and all culverts, three feet of clearance above the ordinary high water level ordinarily satisfies navigational requirements;
E. any project proposed near an existing or proposed segment of the state trails system should be consistent therewith; and
F. bridges and walkways to islands comply with the following:
Subp. 3. Intakes and outfalls.
The construction, reconstruction, or relocation of all water intake and sewer outfall structures placed in public waters shall be approved if all of the following criteria are met:
A. adequate attention is given to methods of screening the structure from view as much as possible from the surface of the public water through the use of existing vegetation or new plantings;
B. the project is not detrimental to public values, including but not limited to fish and wildlife habitat, navigation, water supply, water quality, or stormwater retention;
C. no site conditions will require frequent future disruption of the beds of public waters;
D. adequate precautions are planned during and after construction to prevent silt, soil, and other suspended particles from being discharged into public waters;
E. adjacent to the intake structure, the banks and bed of the public water are protected from erosion and scour by placement of suitable riprap shore protection;
F. the banks are revegetated by seeding and/or sodding;
G. the structure is designed by a professional engineer;
H. for intake structures, excavation is detailed in the application and on design plans. When necessary, a water appropriation permit must be obtained from the department prior to operation of the intake structure. An appropriate sized screen must be used to prevent fish intake; and
I. outfall structure design:
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529
Minn. R. 6115.0232 Relationship to Standards and Criteria for Other Activities Involving Changes in Course, Current, or Cross-Section
Unless otherwise specified in other parts, parts 6115.0230 and 6115.0231 shall apply to bridges and culverts proposed as part of any other activity or activities including but not limited to: filling, parts 6115.0190 to 6115.0192; excavations, parts 6115.0200 to 6115.0202; structures, parts 6115.0210 to 6115.0212; water level controls, parts 6115.0220 to 6115.0222; drainage of public waters, parts 6115.0270 to 6115.0272; and alterations of public waters for mining, part 6115.0280.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529
Minn. R. 6115.0240 Application for Public Waters Work Permits
Subpart 1. Forms and submission.
All applications pursuant to parts 6115.0150 to 6115.0280 shall be made on forms prepared by the department and submitted to the regional office for the area where the majority of the proposed project is located.
Subp. 2. Who may apply.
Applications shall be submitted by the riparian owner of the land on which a project is proposed, except:
A. a governmental agency, public utility, or corporation authorized by law to conduct the project may apply if the property rights acquired or to be acquired are fully described in the application;
B. a holder of appropriate property rights such as a lease or easement may apply if the application is countersigned by the owner and accompanied by a copy of the lease or other agreement. A permit shall be issued for the term of the lease only, subject to cancellation prior to the termination date of the agreement if the agreement is canceled; and
C. a prospective lessee of state-owned lands may apply for a permit in the applicant's own name after requesting a lease from the departmental official responsible for the affected lands. Both the lease request and the permit application shall be processed concurrently with appropriate coordination.
Subp. 3. Information required.
Pursuant to Minnesota Statutes, section 103G.305, an application is complete when:
A. it includes all of the information specified in parts 6115.0150 to 6115.0280;
B. it is accompanied by appropriate photographs, maps, sketches, drawings, or other plans that adequately describe the proposed project;
C. it includes a brief statement regarding the following points:
D. application fees are paid. Final permits shall not be issued until any field inspection fees are paid; and
E. proof of service of a copy of the application and accompanying documents on the mayor of the city or the secretary of the board of the district is included with the application if the project is within or affects a city, watershed district, or soil and water conservation district.
Subp. 4. Fees.
All applications shall be accompanied by an application fee as required by part 6115.0060. An additional fee may be charged for field inspections conducted by department personnel in the course of review subject to the provisions of part 6115.0080.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 17 SR 1279; 25 SR 143; 27 SR 529
Minn. R. 6115.0250 Permit Review
Subpart 1. Field inspection.
The department may conduct field investigations to determine a project's nature, scope, and impact on water and related land resources. The department shall determine which applications must be investigated and such inspections shall be made in a timely fashion.
Subp. 1a. Effect on environment and mitigation.
The commissioner may not issue a permit that causes pollution, impairment, or destruction of the air, water, land, or other natural resources so long as there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare. If the commissioner determines that a major change in public waters is justified and can be authorized by parts 6115.0190, subpart 5; 6115.0200, subpart 5; 6115.0210, subpart 5; 6115.0215, subpart 5; 6115.0220, subpart 5; 6115.0230, subpart 5; 6115.0270, subpart 4; or 6115.0280, subpart 4, the permit must include provisions to compensate for the detrimental aspects of the change. Compensation for the identified detrimental aspects of the permitted project include:
A. restoring degraded or impacted public waters having equal or greater public value;
B. creating or restoring additional replacement water areas having equal or greater public value; or
C. any other measures approved by the commissioner that compensates for the detrimental aspects of the change.
Subp. 2. Coordination with other agencies.
Nothing in these standards is intended to supersede or rescind the laws, rules, regulations, standards, and criteria of other federal, state, regional, or local governmental subdivisions with the authority to regulate work in the beds or on the shorelands of public waters. The issuance of a permit shall not confer upon an applicant the approval of any other unit of government for the proposed project. The department shall coordinate the review with other units of government having jurisdiction in such matters.
Subp. 3. Procedure upon decision.
The commissioner may grant permits, with or without conditions, or deny them. In all cases, the applicant, the managers of the watershed district, the board of supervisors of the soil and water conservation district, or the mayor of the city may demand a hearing in the manner specified in Minnesota Statutes, section 103G.311, within 30 days after receiving mailed notice outlining the reasons for denying or modifying an application. Any hearing shall be conducted as a contested case hearing before an administrative law judge from the independent Office of Administrative Hearings according to Minnesota Statutes, chapter 14 and section 103G.311.
Subp. 4. General permits.
The commissioner is authorized to issue general permits to a governmental subdivision or to the general public for classes of activities having minimal impact on public waters under which more than one activity may be conducted with a single permit.
Subp. 5. Public water wetland permit processing.
A. Public waters work permit applications submitted to the commissioner for proposed projects in public water wetlands shall be granted if authorized by parts 6115.0190 to 6115.0232 or parts 6115.0270 to 6115.0280 and if the public water wetland is:
B. All other public waters work permit applications for proposed projects in public water wetlands shall be:
C. The following documents are incorporated by reference:
D. Public waters work permits in public water wetlands:
E. Notwithstanding parts 6115.0150 to 6115.0280, the authority of the commissioner to require a permit for public road activities that are associated with the repair, rehabilitation, reconstruction, or replacement of currently serviceable existing public roads is waived to the public road authority under chapter 8420:
Subp. 6. Wetland areas of public waters affected by public road permit projects.
A. For purposes of this subpart, "wetland areas of public waters" means areas that are contiguous with the ordinary high water level and that generally exhibit emergent vegetation within:
B. Public waters work permit applications submitted by a public road authority to the commissioner for proposed projects in wetland areas of public waters shall be granted if authorized by parts 6115.0190 to 6115.0232 or 6115.0270 to 6115.0280.
C. The classification of lacustrine wetlands and deepwater habitats found in Classification of Wetlands and Deepwater Habitats of the United States, Lewis M. Cowardin et al., United States Department of the Interior, Fish and Wildlife Service (1979) is incorporated by reference. This document is available through the Minitex interlibrary loan system and is not subject to frequent change.
D. Notwithstanding parts 6115.0150 to 6115.0280, the authority of the commissioner to require a permit for public road activities in, on, or over wetland areas of public waters according to the document under item C is waived for:
Subp. 7. Written agreements with local government units.
A. For projects affecting both public waters and wetlands, the local government may, by written agreement with the commissioner, waive the requirement for a replacement plan or a no-loss or exemption determination if a public waters work permit is required and the commissioner includes provisions of Minnesota Statutes, sections 103A.201, 103B.3355, 103G.222, and 103G.2372, and rules adopted thereunder, in the public waters work permit.
B. The written agreement may be done on a project-by-project basis when:
C. The written agreement may be done on a local unit of government basis, a watershed basis, a waterbody basis, or a project activity basis when:
Subp. 8. Local plan implementation.
Notwithstanding parts 6115.0150 to 6115.0280, the commissioner may authorize alternative regulation of public waters activities that are specifically identified in a local plan, ordinance, or other similar written document approved by the commissioner and subject to the following:
A. the proposed activities are subject to the following principles in descending order of priority:
B. the proposed activities, their dimensional standards, the criteria used to issue or deny applications, and allowable locations are identified in the local plan;
C. adverse effects of the proposed activity on the physical and biological character of the area are subject to mitigation measures identified in the local plan;
D. the proposed activities are consistent with locally adopted controls;
E. the plan addresses enforcement procedures;
F. the plan includes procedures for the commissioner to reassume the permit authorities in parts 6115.0150 to 6115.0280 upon notice, if determined necessary by the commissioner or plan sponsor;
G. the local plan sponsor publishes a notice in the State Register identifying:
H. when considering whether the plan should be approved, the commissioner shall determine that:
I. nothing in the review of local plans proposed under this part shall be construed as prohibiting or discouraging a local plan from creating standards that are more restrictive than parts 6115.0150 to 6115.0280.
History
- Statutory Authority: MS s 14.386; 103G.315; 105.415
- History: 8 SR 533; L 1984 c 640 s 32; 25 SR 143; 27 SR 529; 32 SR 281; 34 SR 145
Minn. R. 6115.0255 Public Waters Enforcement Procedures
Subpart 1. Enforcement options.
Parts 6115.0150 to 6115.0280 may be enforced through one or any combination of the following authorities:
A. criminal proceedings under Minnesota Statutes, section 103G.141, subdivision 1;
B. orders of the commissioner under Minnesota Statutes, sections 103G.251 and 103G.315; and
C. cease and desist orders, restoration orders, and replacement orders under Minnesota Statutes, section 103G.2372. The choice of enforcement authorities is dependent on the scope of the activity conducted without a public waters work permit.
Subp. 2. Enforcement authorities.
The commissioner, conservation officers, and other peace officers may issue cease and desist orders and restoration and replacement orders according to Minnesota Statutes, section 103G.2372.
Subp. 3. Cease and desist orders.
A. Cease and desist orders may be issued when the enforcement authority has probable cause to believe that any activity is being or has been conducted in public waters without a valid permit from the commissioner.
B. A cease and desist order must not be issued if a landowner has documentation of a valid public waters work permit from the commissioner authorizing the work that was done or if a landowner has documentation proving that no permit is required.
C. The cease and desist order shall direct a landowner to:
D. The enforcement authority issuing a cease and desist order shall promptly submit copies of the order to the commissioner.
E. The commissioner or agent shall review the evidence, including any evidence produced by a landowner, inspect the site if necessary, and determine:
F. Pending a resolution of any criminal proceedings, if it is determined that the activity does not require a permit or if a permit is issued, the commissioner or agent shall request that the enforcement authority rescind the cease and desist order, pending the outcome of any decision that is appealed, and notify the soil and water conservation district, the commissioner, and the landowner. If the application is denied, the commissioner shall immediately notify the soil and water conservation district, the enforcement authority, and the landowner.
G. A cease and desist order must advise the landowner that violation of the order is a misdemeanor.
Subp. 4. Restoration and replacement orders.
A. If the commissioner or agent, with the concurrence of the enforcement authority, determines that restoration may not restore all the loss caused by the drain, excavate, structure, or fill activity, the enforcement authority may order restoration, a combination of restoration and replacement, or replacement rather than restoration.
B. The enforcement authority shall issue a restoration order or replacement order if:
C. Promptly upon being informed of the need, the commissioner or agent shall inspect the site and prepare a plan for restoring the site. Restoration shall be ordered unless the commissioner or agent, with the concurrence of the enforcement authority, concludes that restoration would cause additional impairment or further degradation of the public water. The commissioner or agent shall incorporate the restoration plan into a restoration order and send it to the enforcement authority for service in person or by certified mail to the landowner.
D. A restoration order must specify a date by which the landowner must restore the public waters according to the commissioner's plan and obtain a certificate of satisfactory restoration from the commissioner or agent.
E. A replacement order must specify a date by which the landowner must submit a replacement plan to the commissioner and a subsequent date by which the landowner must replace the public waters and obtain a certificate of satisfactory replacement from the commissioner or agent.
F. A restoration or replacement order must advise the landowner that violation of the order is a misdemeanor.
G. If, as part of a misdemeanor proceeding, the court orders restoration or replacement, the commissioner or agent, with the concurrence of the enforcement authority, shall determine which is appropriate, and if it is restoration, the method of restoration. If the court orders replacement, the landowner must follow the replacement plan ordered by the commissioner or agent.
H. If a landowner seeks approval of a public waters work permit after the proposed project has already impacted the public water, the commissioner may require the landowner to replace the impacted public water at a ratio not to exceed twice the replacement ratio otherwise required.
Subp. 5. Appeals of replacement and restoration orders.
A. A landowner may appeal the terms and conditions of a restoration or replacement order issued under subparts 2 to 4, to the commissioner, within 30 days of receipt of written notice by filing a written request for review. If the written request is not submitted within 30 days, the restoration or replacement order becomes final. The commissioner shall review the request and supporting evidence and render a decision within 60 days of the request for review.
B. If a landowner wishes to appeal the decision of the commissioner after review under item A, the landowner must file a written request within 30 days for a contested case hearing under Minnesota Statutes, chapter 14. The demand for hearing must be accompanied by a bond as required under Minnesota Statutes, section 103G.311, subdivision 6.
History
- Statutory Authority: MS s 14.386; 103G.315; L 2000 c 382 s 20
- History: 25 SR 143; 27 SR 529
Minn. R. 6115.0260 Statutory Requirements
Further provisions for the administration of parts 6115.0150 to 6115.0280 are found in Minnesota Statutes, chapter 103G, including but not limited to sections 103G.135, 103G.141, 103G.241, 103G.251, 103G.295, 103G.301, 103G.305, 103G.311, and 103G.315.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529
Minn. R. 6115.0270 Drainage of Public Waters
Subpart 1. Goals.
It is the goal of the department to protect and preserve public waterbasins and public water wetlands from damage or destruction by drainage.
Subp. 2. Scope.
Parts 6115.0270 to 6115.0272 relate to the partial drainage or temporary drawdown of public waterbasins and public water wetlands for all purposes except mining of metallic or nonmetallic minerals which are subject to provisions of part 6115.0280.
Subp. 3. Prohibited activity.
The permanent or total drainage of public waterbasins and public water wetlands is prohibited.
Subp. 4. Permits required.
A permit is required for the partial drainage or temporary drawdown of public waterbasins and public water wetlands and shall be granted if all of the following conditions are met:
A. the proposed project is intended to achieve one or more of the following purposes:
B. the project will involve a minimum of encroachment, change, or damage to the environment, including but not limited to fish and wildlife habitat, navigation, water supply, water quality, and stormwater retention;
C. adverse effects on the physical or biological character of the waters are subject to feasible and practical measures to mitigate the effects;
D. the proposed project is consistent with applicable floodplain, shoreland, and wild and scenic rivers management standards and ordinances for the waters involved; and
E. the proposed project is consistent with water and related land management plans and programs of local and regional governments, provided such plans and programs are consistent with state plans and programs.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529
Minn. R. 6115.0271 Specific Standards; Drainage
In addition to compliance with the general standards in part 6115.0270, subparts 2 to 4, specific requirements for drainage or drawdown activities shall be met as follows:
A. the drainage or diversion of public waters for mining iron ore, taconite, copper, copper-nickel, or nickel shall be approved only when all of the provisions of Minnesota Statutes, section 103G.297 and part 6115.0280 have been met;
B. the drainage or diversion of public waters for mining all other metallic and nonmetallic minerals shall be approved only when the public waters being drained are replaced by public waters that will have equal or greater public value, subject to provisions of part 6115.0280; and
C. all other drainage or diversion of public waters allowed in part 6115.0270, subparts 2 to 4, shall be approved if all of the following specific criteria are met:
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529
Minn. R. 6115.0272 Relationship to Standards and Criteria for Other Activities Involving Changes in Course, Current, or Cross-Section
Unless otherwise specified in other parts, parts 6115.0270 and 6115.0271 shall apply to drainage activities proposed as part of any other activity or activities including but not limited to: filling, parts 6115.0190 to 6115.0192; excavations, parts 6115.0200 to 6115.0202; structures, parts 6115.0210 to 6115.0212; water level controls, parts 6115.0220 to 6115.0222; and bridges and culverts, parts 6115.0230 to 6115.0232.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533
Minn. R. 6115.0280 Alterations of Public Waters for Mining
Subpart 1. Goals.
It is the goal of the department to ensure that alterations of public waters for mining or reclamation of mining areas will minimize adverse environmental effects, preserve water resources to the maximum extent feasible and practical, and encourage the planning of future land and water utilization while at the same time promoting the orderly development of mining and the use of sound mining practices.
Subp. 2. Scope.
Mining activities which may involve alterations of public waters include the mining of metallic minerals including but not limited to iron ore, taconite, copper, copper-nickel, nickel, cobalt, and gold; and the mining of nonmetallic minerals including but not limited to sand and gravel, stone, clay, marl, oil, gas, and coal; and the mining of peat.
Subp. 3. Permits required for alterations of public waters.
Permits are required for any alterations of public waters to facilitate mining of iron ore, taconite, copper, copper-nickel, or nickel minerals or reclamation of mining areas provided that:
A. permits to mine are obtained when required by Minnesota Statutes, sections 93.44 to 93.51; and
B. permits for alterations in public waters shall be granted according to Minnesota Statutes, section 103G.297. Applications for permits for alterations in public waters shall include an analysis showing why underground mining without drainage, diversion, or control of public waters is not feasible or economical.
Subp. 4. Permit required for mining of certain minerals and peat.
Permits are required for mining of nonmetallic minerals, peat, and other metallic minerals not regulated in Minnesota Statutes, section 103G.297, or reclamation of mining areas and shall be granted if the applicant provides evidence that:
A. there is no other feasible and practical location for the proposed mining activity;
B. there is no other feasible or economical method to mine except by draining, diverting, or controlling the public waters;
C. the proposed alteration of public waters is necessary and no other feasible and economical method for it is reasonably available;
D. the proposed alteration of public waters will not substantially impair the interests of the public in lands or waters or the substantial beneficial public use thereof, except as expressly authorized in the permit, and will not endanger public health or safety;
E. the proposed mining operations will be in the public interest and that the public benefits resulting from it will be sufficient to warrant the proposed alteration of public waters;
F. the activities represent the minimal impact solution with respect to watershed modifications, watercourse diversions or changes, drainage, runoff and seepage management, and avoidance of major adverse changes in the ecosystem of public waters having substantial public value;
G. whenever public watercourses must be diverted or changed to facilitate mining, the design and construction of the diversion or change shall provide for:
H. whenever public waterbasins and public water wetlands are allowed to be drained to facilitate mining, and such drainage is justified and legally permitted, compensation for the loss of the basin is provided for by either:
I. whenever a water impoundment is necessary and justified to facilitate mining, the design, construction, operation, and maintenance of the impoundment structure shall:
Subp. 5. Compensatory measures for detrimental aspects of mining.
Whenever metallic, nonmetallic, and peat mining activities in the beds of public waters will result in detrimental effects on the physical and biological character of public waters, measures to compensate for the detrimental aspects shall be required in the permit conditions.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: 8 SR 533; 25 SR 143; 27 SR 529
Minn. R. 6115.0300 Purpose and Statutory Authority
The purpose of these rules is to regulate the construction and enlargement of dams, as well as the repair, alteration, maintenance, operation, transfer of ownership, and abandonment, in such a manner as to best provide for public health, safety, and welfare. In the application of these parts, the department shall be guided by the policies and requirements declared in Minnesota Statutes, section 84.083, and chapters 103A, 103B, 103E to 103G, and 116D.
The rules are pursuant to Laws of Minnesota 1978, chapter 779, section 8, and are intended to be consistent with the goals and objectives of applicable federal and state environmental quality programs and policies including, but not limited to, mineland reclamation, and the management of: shorelands, floodplains, water surface use, boat and water safety, wild and scenic rivers, critical areas, recreational or wilderness areas, scientific and natural areas, and protected vegetative species.
To achieve this purpose, the commissioner hereby sets forth minimum standards and criteria for dam classification and identification of hazards to health, safety, and welfare and for permits for dam projects for water and waste impoundments and for ordering repairs.
History
- Statutory Authority: MS s 103G.515; 103G.531; 105.535
Minn. R. 6115.0310 Scope
These parts shall apply to all dams defined in part 6115.0320 unless excluded in other sections of the rules. They are supplementary and complimentary to the rules which establish standards and criteria for granting permits to change the course, current, or cross-section of public waters (parts 6115.0150 to 6115.0210, 6115.230, and 6115.0240 to 6115.0260).
Where these parts conflict with other appropriate rules and requirements, the most restrictive provision shall apply.
All provisions of part 6115.0220 are superseded by these parts as they relate to dams as defined herein, except the section relating to water level controls.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0320 Definitions
Subpart 1. Scope.
For the purposes of these parts, certain terms used herein shall be interpreted as follows. These definitions are in addition to those contained in part 6115.0170, except where the same word is contained in both lists of definitions in which case the definitions in these parts shall apply in respect to dam safety administration.
Subp. 2. Alteration.
"Alteration" means any activity which will affect the safety of a dam and/or which will result in a change in the course, current, or cross-section of public waters.
Subp. 3. Commissioner.
"Commissioner" means the commissioner of the Department of Natural Resources and any duly authorized representative.
Subp. 4. Cost.
"Cost" includes labor and materials; preliminary investigations and surveys; construction plant properly chargeable to the project; excluding costs of right-of-way, detached powerhouses, electrical generating machinery, and roads and railroads affording access to the project.
Subp. 5. Dam.
"Dam" means any artificial barrier, together with appurtenant works, which does or may impound water and/or waste materials containing water except:
A. dams which are less than 25 feet in height and have storage capacity at maximum storage elevation of less than 50 acre-feet, which shall be exempt from dam safety permit requirements if they do not have potential for loss of life resulting from failure or misoperation;
B. any artificial barrier which is not in excess of six feet in height regardless of storage capacity or which has a storage capacity not in excess of 15 acre-feet regardless of height;
C. underground or elevated tanks to store water and/or waste;
D. any artificial barrier constructed solely for the purpose of containment of sewage or biological treatment of wastewater which is under the jurisdiction of the Minnesota Pollution Control Agency;
E. United States owned dams;
F. dikes and levees constructed for flood control purposes to divert flood waters and which are not intended to act as impoundment structures. This does not preclude the need for any permits from the commissioner which may be required under applicable provisions of parts 6115.0200 to 6115.0260 as further explained in part 6115.0340.
Subp. 6. Enlargement.
"Enlargement" means any change which may raise the maximum storage elevation of the dam.
Subp. 7. Height.
"Height" means the vertical distance from the natural bed of the stream or watercourse measured at the downstream toe of the dam or from the lowest elevation of the outside limit of the dam, if it is not across a stream channel or watercourse, to the maximum storage elevation.
Subp. 8. Maintenance.
"Maintenance" means any work which will not result in a change in the hydraulic capacity of the structure or entail any changes in the structural character of the dam.
Subp. 9. Maximum storage elevation.
"Maximum storage elevation" means the highest elevation to which water or waste materials can be effectively stored behind the dam on either a temporary or permanent basis, whichever is greater.
Subp. 10. Owner.
"Owner" means the owner or lessee of the property to which the dam is attached, unless the dam is sponsored by a governmental agency which will be responsible for operation and maintenance of the dam, in which case that sponsoring agency shall be considered the owner.
Subp. 11. Repair.
"Repair" means any work which will change the hydraulic capacity of the structure or entail any changes in the structural character of a dam.
Subp. 12. Shall.
"Shall" is mandatory and not permissive.
Subp. 13. Surface.
"Surface" shall be determined by multiplying total dam length by average height.
Subp. 14. Total dam length.
"Total dam length" means the maximum horizontal distance between the outer limits of all artificial containment structures, including any artificially constructed dike, which are essential to containment, but does not include the length of emergency spillways which are located outside the abutments of the dam.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0330 Severability
The provisions of these rules shall be severable, and the invalidity of any paragraph, subparagraph, or subdivision thereof shall not make void any other paragraph, subparagraph, subdivision, or any other part.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0340 Classification of Dams
All existing and proposed dams shall be classified by the commissioner into the following three hazard classes: those dams where failure, misoperation, or other occurrences or conditions would probably result in:
A. Class I: any loss of life or serious hazard, or damage to health, main highways, high-value industrial or commercial properties, major public utilities, or serious direct or indirect, economic loss to the public;
B. Class II: possible health hazard or probable loss of high-value property, damage to secondary highways, railroads or other public utilities, or limited direct or indirect economic loss to the public other than that described in Class III; and
C. Class III: property losses restricted mainly to rural buildings and local county and township roads which are an essential part of the rural transportation system serving the area involved. Any dam whose failure, misoperation, or other occurrences or conditions would result only in damages to the owner and would not otherwise affect public health, safety, and welfare as described in Classes I, II, and III, shall not be subject to this hazard classification. A dam which is not classified as a hazard Class I, II, or III dam, and those which are not included in the definition of dam at part 6115.0230, subpart 5, definition of dam, shall be subject to applicable provisions of parts 6115.0200 to 6115.0260, and shall not be subject to these dam safety rules. Changes in development in the vicinity of the dam may result in future reclassification.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0350 General Procedures for Alteration, Repair, or Removal of a Dam
Subpart 1. Application.
Before commencing action, the owner shall make a separate application for each existing dam proposed to be changed upon forms provided by the commissioner, except as provided in subpart 2 for emergencies. The application shall contain:
A. name and address of owner(s);
B. proposed changes;
C. maps, plans, and specifications which set forth pertinent details including location, type, dimensions, and storage capacity; and
D. proposed date of start and completion of construction. A filing fee of $15 shall accompany the application in the form of a check or money order payable to the commissioner of management and budget.
Subp. 2. Emergency work.
Emergency work:
A. Actions by the owner. Where immediate action is necessary for public health, safety, and welfare, repairs may be started, but the owner shall notify the commissioner at once. As soon as practicable, the owner shall apply for a permit for the emergency necessary permanent repairs.
B. Commissioner's actions. Where necessary to protect public health, safety, and welfare, if the condition of any dam or impoundment is imminently dangerous to the safety or life or property or imminent floods threaten the safety of a dam or impoundment, the commissioner may, in an emergency, require and enforce lowering or completely emptying of the water level from the impoundment and taking any other steps essential to safeguard life and property.
Subp. 3. Removal.
Before commencing removal, the owner shall comply with the application requirements of subpart 1. After removal, the owner shall submit evidence as to the manner in which the work was performed and the conditions obtained after the removal. The commissioner shall inspect to determine that a sufficient portion of the dam has been removed to eliminate the hazard directly attributable to the presence of the dam.
History
- Statutory Authority: MS s 105.535
- History: L 2003 c 112 art 2 s 50; L 2009 c 101 art 2 s 109
Minn. R. 6115.0360 Inspections
Subpart 1. Hazard classification.
The commissioner shall make initial inspections of each dam in the state to determine the appropriate hazard classification or exemption according to criteria in part 6115.0340.
Subp. 2. Dam safety.
The commissioner shall make an initial detailed systematic technical inspection and evaluations of every Class I, II, or III dam in order to assess the general safety conditions including:
A. a review and analysis of available data on the design, construction, and operation;
B. a visual inspection of the dam and downstream and upstream areas:
C. a report on general condition including, when possible, an assessment of storage capacity, hydraulic and hydrologic capabilities, structural stabilities, and any other conditions which constitute a hazard based upon current prudent design considering the size and hazard class of the dam. The safety evaluations involve constraints on water control such as blocked entrances, restrictions on operation of spillway and outlet gates, if any, inadequate energy dissipators or restrictive channel conditions, significant reduction in impoundment capacity by sediment deposits and for waste impoundments, the material balance. Where essential design data are lacking, evaluations of watershed characteristics, rainfall, and impoundment records may be used to evaluate effects of the dam. The report shall determine the need for emergency measures or actions; corrective actions relating to design, construction, and operation; and additional detailed studies, investigations, and analyses.
Subp. 3. Timing.
Subject to the availability of staff and funds:
A. The commissioner shall make initial inspections of all Class I, II, and III dams as soon as reasonably possible based on the degree of hazard involved.
B. After the initial detailed inspections, the commissioner shall make periodic inspections of dams based on the following schedule: Class I dams, at least one time every year; Class II dams, at least one time every four years; and Class III dams, at least one time every eight years. The commissioner shall utilize the services of governmental agencies to the maximum extent feasible to provide for periodic inspections.
Subp. 4. Reports on inspections.
Upon completion of each inspection, the commissioner shall notify the owner of the dam, in writing, of the results of the inspection and if the dam needs corrective action, the commissioner shall order such action.
History
- Statutory Authority: MS s 103G.515; 105.535
- History: 25 SR 1916
Minn. R. 6115.0370 Transfer of Dam Ownership
The owner shall not transfer the ownership of any Class I or II dam without a permit from the commissioner. For Class III dams, the owner, or the party to whom a dam is transferred, shall apply to the commissioner for a permit for the transfer of ownership within 30 days after the ownership changes. Permits shall be issued based on evaluation of the hazard class, the conditions, and the financial capabilities of the transferee.
No state agency or political subdivision may purchase or accept as a gift any privately owned dam subject to department permit requirements until after compliance with the commissioner and legislative action provided in Minnesota Statutes, section 103G.525.
History
- Statutory Authority: MS s 103G.515; 103G.531; 105.535
Minn. R. 6115.0380 Operation and Maintenance
Subpart 1. Responsibilities.
The owner shall operate and maintain the dam. Regulation of maintenance and operation for public health, safety, and welfare is vested with the commissioner.
Subp. 2. Reports and records.
Owners may be required to keep records and report on maintenance, operation, staffing, and engineering and geologic investigations and any other data necessary to protect the public health, safety, and welfare. In addition, the owner shall fully and promptly advise the commissioner of any unusual or alarming circumstance or occurrence affecting the dam.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0390 Termination of Operations and Perpetual Maintenance
Subpart 1. Owner's duty.
Unless the dam is removed, the owner shall perpetually maintain the dam and appurtenances so as to ensure the integrity of the structure.
Subp. 2. Financial responsibility.
The commissioner may impose such requirements as may be necessary prior to the ultimate termination of the owner's operation to ensure that the owner will be financially responsible for carrying out the activities required for perpetual maintenance, and that adequate funding will exist.
Subp. 3. Plans for termination.
In respect to dams utilized for waste disposal, the owner shall prepare and submit to the commissioner plans for termination of operations and perpetual maintenance which will address the owner's plans for both an unanticipated or premature termination of operations and for the ultimate intended termination of operations. The plans for termination of operations and perpetual maintenance shall, at a minimum, address the following issues, where applicable:
A. perpetual maintenance and safety of the dam including adequate monitoring programs;
B. disposal and treatment of ponded and channeled waters;
C. monitoring and mitigation of surface water and groundwater pollution;
D. silt, sedimentation, and erosion control; and
E. vegetation and landscaping.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0400 Reports to Legislature on Publicly Owned Dams
As required by Laws of Minnesota 1978, chapter 779, section 7 (Minnesota Statutes, section 103G.511), the commissioner shall make an annual report to the legislature on the status of dams owned by the state or local governmental units which shall include recommendations for action including any requests for state share or matching funds for grants-in-aid to local governments.
History
- Statutory Authority: MS s 103G.515; 103G.531; 105.535
Minn. R. 6115.0410 New Dams or Enlargements
Subpart 1. Waivers for Class III dams.
For Class III dams which are sponsored by a governmental agency which will be responsible for operation and maintenance or for which the design, construction supervision, and inspection is performed by a federal agency, the commissioner may waive certain details of the required submittals, provided that the federal agency will furnish the commissioner with adequate facts on the design and construction inspection to allow the commissioner to adequately evaluate the permit and approvals.
Subp. 2. Permit application.
A separate application, including a preliminary report for each new dam or each dam proposed to be enlarged, shall be filed with the commissioner upon forms provided by the commissioner which shall contain the following:
A. name and address of the owner(s) or prospective owner;
B. purpose;
C. location, type, size, and height of the dam; and
D. storage capacity of the impoundment. For waste impoundment dams, the permit application shall include facts necessary for the issuance of a permit which extends throughout the life of the impoundment project.
Subp. 3. Preliminary report.
The preliminary report shall consist of:
A. A general statement setting forth the effect on the environment.
B. Maps showing the location of county, township, and section lines; the outline of the impoundments; the location of state, county, and township roads; the locations of utilities, e.g. pipelines, transmission, telegraph, and telephone lines; the topography; and other structure or facilities including dwellings affected by the proposed dam. State, county, and USGS maps and aerial photographs may be used for this purpose.
C. A written report of surface conditions, i.e. geology, topography, which is based on a field examination by the applicant's engineer and other qualified personnel.
D. Typical cross-sections of the dam accurately showing elevations, proposed impoundment levels, and top width.
E. Logs of borings in the foundation and in the borrow areas, and results of seismic and resistivity subsurface investigations, when they are readily available.
F. Preliminary design assumptions, operational aspects, tentative conclusions, and references. The design assumptions shall pertain to such hydrologic features as drainage area, rainfall data, runoff, inflow, area-capacity-elevation data, and flood routing, in addition to structural, geologic, and geotechnical assumptions.
G. A preliminary cost estimate.
H. Where applicable, future plans on ultimate project size including dams and impoundments.
I. A general description of all other activities and elements related to and part of the total dam project, such as operational plans and details of smaller dams, dikes, diversions, reclaim water facilities, and other facility and utility lines including pipelines, roads, and railroads. The report shall identify each element or activity of the total dam project which would require a permit under the provisions of parts 6115.0150 to 6115.0260.
Subp. 4. Filing fees.
Each application for a permit must include a $15 fee in the form of a check or money order payable to the commissioner of management and budget.
Subp. 5. Professional engineer's requirements.
The applicant must engage professional engineer(s) registered in the state of Minnesota or acting solely as officers or employees of the United States as provided in Minnesota Statutes, section 326.13, clause (3), who are proficient in dam engineering to prepare the engineering documents, plans, and specifications, to inspect the construction, or enlargement, and to establish operation and maintenance procedures for the structure.
Subp. 6. Final design requirements.
Upon acceptance and agreement by the commissioner of the preliminary report, the applicant shall submit to the commissioner, for approval, a final design report, together with plans and specifications and the initial inspection fee. The final design report shall include, but is not limited to, the following:
A. general description of the project, such as its service life, production rates, required storage and area(s); geological considerations such as physiography, topography, geology, seismicity, groundwater conditions, and maps; hydrologic studies such as physical features, climatology, design, storm and design flood characteristics, flood routing, water-material balance, free-board requirements, dam-break flood; geotechnical information, such as rock-soil sampling and logging, geophysical investigations, field and lab testing, instrumentation data; considerations of construction materials and their properties, such as quantities required, borrow and aggregate locations and volumes, field and lab work and investigations, concrete, waste materials generation and placement techniques, investigation of the stored waste materials such as generations, transportation, mechanical/chemical/special testing, disposal practice;
B. analytical determinations, such as seepage and underseepage studies, stability, deformation and settlement analysis; analytical and design details of facilities, such as dam, foundation, impoundment, abutments, spillways (for the purpose of these rules, spillway means any facility appurtenant to the dam available to discharge excess water and/or waste from the impoundment) or decant facilities, diversions, outlet works, instrumentation; operational aspects, such as impoundment operating criteria, initial filling criteria, responsibility and coordination, emergency procedures and warning systems: air, water, and solid pollution controls, sedimentation, and erosion controls: operational and postoperational maintenance and abandonment considerations; surveillance and inspection programs; and
C. a detailed cost estimate.
Subp. 7. Plans and specifications.
Plans shall consist of a bound portfolio of the drawings with all sheets being of the same size, and shall be of such scale that specifications can be drafted, and construction accomplished. Specifications shall contain:
A. general provisions, specifying the rights, duties, responsibilities of the owner, designer, contractor; the prescribed order of work;
B. technical provisions describing approved work methods, equipment materials, and desired end results; and
C. special conditions.
Subp. 8. Permit standards.
Approval or denial shall be based on the potential hazards to the health, safety, and welfare of the public and the environment including probable future development of the area downstream or upstream. The applicant may be required to take measures to reduce risks, and the commissioner shall furnish information and recommendations to local governments for present and future land use controls to minimize risks to downstream areas.
The commissioner shall determine if the proposal is adequate with respect to:
A. For Class I, a showing of lack of other suitable feasible and practical alternative sites, and economic hardship which would have a major adverse effect on population and socioeconomic base of the area affected.
B. For Class II, a showing of lack of other suitable feasible and practical alternative sites and that the dam will benefit the population or socioeconomic base of the area involved.
C. The need in terms of quantifiable benefits.
D. The stability of the dam, foundation, abutments, and impoundment under all conditions of construction and operation, including consideration of liquefaction, shear, or seepage failure, overturning, sliding, overstressing and excessive deformation, under all loading conditions including earthquake. This determination must be based on current, prudent engineering practice, and the degree of conservatism employed must depend on hazards.
E. Discharge and/or storage capacity capable of handling the design flood based on current, prudent engineering practice and the hazard classification.
F. Compliance with prudent, current environmental practice throughout its existence.
Subp. 9. Work inspection and construction reports.
Work inspection and construction reports:
A. Conformity with approved designs, plans, and specifications.
B. Permanent markers. At least one permanent marker for vertical and horizontal control shall be established in the natural ground by the permittee in the vicinity of each dam so as to be accessible and protected against disturbance throughout its existence. The permanent marker for vertical control must be based upon datum and degree of accuracy based upon considerations of the hazards involved and the size of the dam, as specified by the commissioner. The permittee shall submit the locations of these permanent markers plotted on the best available maps or plans within time limits prescribed in the permit.
C. Construction report. The permittee may be required to submit monthly reports on construction observation and quality control, when construction is complex or hazardous, including: daily construction documentation; foundation preparation and treatment, quality control tests; records and summaries of actual tests of foundation and construction materials, cutoff trench, grouting, etc; instrumentation installation and maintenance of records and readings; geologic mapping, if any, of exposed foundations; of logs of drill holes and other exploration features, if any, completed during construction; review and evaluation of disclosed field conditions by the designer; and any other items which may be pertinent to a construction quality assurance program.
Subp. 10. As-built plans and data.
Immediately upon completion of construction the permittee shall file supplementary drawings or descriptions of the dam as actually constructed, or any other items which may be of permanent value bearing on the adequacy and permanency of the dam. In enlargements the data need apply only to the new work.
Subp. 11. Statement of completion and affidavit of cost.
Within 90 days following completion of construction, the permittee shall notify the commissioner, by certified mail, including a statement of the designer or professional engineer in charge of construction inspection that to the best of knowledge the dam was completed in accordance with the approved designs, plans, and specifications and any revisions thereof.
As soon as practicable thereafter, the permittee shall file an affidavit stating the actual cost in detail or that the permittee is unable to report the actual cost stating the reasons therefor. In the latter event the commissioner shall make at the owner's expense an appraisal of the cost of construction or enlargement and determine what further fee, if any, is required. If a further fee is required, the commissioner shall notify the owner by certified mail of the amount within 15 days including notice that permittee may appear within 60 days thereafter to protest the amount of the fee, in whole or in part and the sufficiency of the appraisal upon which such determination was based.
Subp. 12. Issuance of impoundment approval.
Impoundment approvals may be necessary for Class I and Class II dams to allow adequate time for inspection before actual impoundment begins.
The type, location, hazard involved, and the purpose served by the dam will be considered in respect to the degree and nature of impoundment approval needed. Certain waste disposal dams which will not be constructed to maximum storage elevation in five years will require a series of impoundment approvals for various stages of construction.
Pending issuance of an impoundment approval (or reissuance in the event of termination) where required the owner of the dam shall not, through action or inaction, allow an impoundment.
The impoundment approval shall contain such terms and conditions as the commissioner may prescribe.
The commissioner may also revoke or amend the terms and conditions of any approval.
Subp. 13. Performance reports.
The permittee may be required in the case of complex or hazardous dams to submit yearly a performance report detailing the instrumentation data and analysis and interpretation of these data as they relate to the safety of the dam and design assumptions. The frequency of submission may be modified if field conditions so dictate.
History
- Statutory Authority: MS s 105.535
- History: 17 SR 1279; L 2003 c 112 art 2 s 50; L 2009 c 101 art 2 s 109
Minn. R. 6115.0420 Legal Claims
Any permit shall be permissive only and shall not be construed as estopping or limiting any legal claims of persons other than the state against the permittee, or as estopping or limiting any legal claims of the state against the permittee for violation of any of the terms or conditions of the permit.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0430 Liability of Owner and Permittee
Nothing in these parts shall be construed to relieve an owner of a dam or permittee of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0440 Owner's Rights
Nothing in these parts shall be construed to deprive any owner of such recourse to the courts.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0450 Inspections
Owners of dams shall allow the commissioner prompt access to and inspection of all records, plants, structures, facilities, and operations at all reasonable times. Entry is subject to reasonable compliance with the owner's safety rules and avoidance of unreasonable impairment of or interference with construction and operation. Inspection shall be limited to testing and observing rather than supervising and shall not relieve the owner from the full responsibility of providing adequate inspection and supervision.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0460 Compliance with Other Laws
The owner of a dam shall comply with all other state and federal laws and regulations and shall obtain such other permits as may be required including particularly any laws and rules regarding mineland reclamation.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0470 Acquisition of Property
Where activities authorized by a permit involve the rights or interests of any other persons, or of any public interests, the permittee, before proceeding, shall acquire all necessary interests or permissions, including paying the costs of the alteration, relocation, or replacement of any publicly owned facility.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0480 Assignment of Permits
Permits may be assigned in whole or in part only if the commissioner is notified and approves the assignment in writing. Provisions of the permit shall extend to and bind the successors in authority of the commissioner and the legally assigned successors in interest of the permittee.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0490 Warning Systems and Emergency Procedures
Class I dam owners shall prepare and file for approval a contingency plan for notifying any persons whose lives, property, or health may be endangered by failure, misoperation, or other circumstances or occurrence affecting the dam, identifying most practical and expeditious means for warning considering the time factor involved based on the proximity of the dam to affected parties. If there is no feasible or practical means to provide for adequate evacuation warning in sufficient time if a catastrophe occurs the owner shall be responsible for notifying affected downstream property owners of that fact.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0500 Permit and Hearing Procedures
Parts 6115.0300 to 6115.0520 are subject to the permit and public hearing provisions of Minnesota Statutes, sections 103G.251, 103G.295, 103G.297, and 103G.301 to 103G.315, including:
A. The commissioner must act on permit applications within 30 days of the time that all required data and fees are filed in the commissioner's office.
B. The commissioner may cancel or modify a permit at any time if the commissioner deems it necessary for any cause for the protection of the public interests.
C. Whether or not a dam is under permit, on determining that it is unsafe or needs repair or alteration, the commissioner shall notify the owner to repair, alter, or remove the dam as the exigencies of the case may require.
D. An order requiring immediate action is effective on the date thereof, but shall not be in effect for more than 30 days from that date unless the permittee is on the same date mailed written notice of the order which includes notice of a Minnesota Statutes, section 103G.311, public hearing on a date not more than 30 days from the date of the notice.
E. If at any time during construction of a project, the commissioner finds that the work is not being done in conformance with approved designs, plans, and specifications, except as provided in part 6115.0410, subpart 9, item A, subitem (2), the commissioner shall notify the permittee and shall order immediate compliance and may order that no further work be done until such compliance has been effected and approved.
F. If the permittee fails to comply with approved designs, plans, and specifications or if conditions are revealed which will not permit the construction of a safe dam, the permit may be revoked.
G. Initiating any work by the permittee, authorized in an issued permit or approval, constitutes acceptance of all terms and conditions contained therein.
History
- Statutory Authority: MS s 103G.515; 103G.531; 105.535
- History: 17 SR 1279
Minn. R. 6115.0510 Required Information and Waivers
When necessary to assess the safety of a dam or proposed project, the applicant or owner may be required to submit additional information at personal expense. Whenever information or conditions required by these parts is unnecessary, the commissioner shall waive those provisions and shall allow appropriate revisions to make the requirements less burdensome.
History
- Statutory Authority: MS s 105.535
- History: 17 SR 1279
Minn. R. 6115.0520 Inspection Fees
Subpart 1. Exemption.
No inspection fee shall be charged for dams owned or sponsored by a governmental agency or for any Class III dam for which the design, construction supervision, and inspection is provided by a federal agency.
Subp. 2. Fee schedule.
The initial fee required by part 6115.0410, subpart 6, shall be based on the following formula and no fees pursuant to parts 6115.0010 to 6115.0040 shall be charged:
A. for the first $100,000 of estimated cost (as defined in part 6115.0320, that portion of engineering evaluations and studies relating to safety which is also part of the final design report performed for the applicant which were included with environmental assessment worksheets and with environmental impact statements required by law shall be subtracted provided that the applicant provides a notarized detailed accounting of expenditures), a rate of 2-1/2 percent;
B. for the next $400,000, 1-1/2 percent;
C. for the next $500,000, one percent;
D. one-half of one percent of all costs in excess of $1,000,000; and
E. if the final total cost exceeds the estimate, the difference as provided in part 6115.0410, subpart 11. For dams which will not be constructed to maximum storage elevation within five years of the date construction begins (such as dams for storage of mining waste materials) computation will be based on applicant's work schedule outlining proposed staging and a certified estimate of costs based on staging and a certified estimate of costs based on staging intervals not exceeding five years in duration. At the end of each stage, or at intervals not exceeding five years in duration, until completion, the applicant shall file an affidavit of actual costs for each stage or interval not exceeding five years. Whenever the actual costs exceeds the estimate the applicant shall pay the difference.
Subp. 3. Periodic fees.
Periodic fees shall be charged to owners for each year and inspection is made pursuant to part 6115.0360, subpart 3, of $30 per dam plus an additional fee based on surface (as defined in part 6115.0320) of $0.01 per square foot for the first 1,000 and $0.001 for each square foot in excess of 1,000, payable on or before the end of the state fiscal year, June 30.
Subp. 4. Annual records.
The commissioner shall keep annual records of inspection costs which shall be provided upon request of any applicant who paid inspection fees.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0600 Policy
The purpose of these parts is to provide for the orderly and consistent review of permit applications for appropriation and use of waters of the state in order to conserve and utilize the water resources of the state in the public interest. In the application of these parts, the Department of Natural Resources shall be guided by the policies and requirements declared in Minnesota Statutes, section 84.083, and chapters 103A, 103B, 103E to 103G, and 116D.
Any appropriation must be consistent with laws and rules of federal, state, and local governments.
History
- Statutory Authority: MS s 103G.515; 103G.531; 105.535
Minn. R. 6115.0610 Purpose and Statutory Authority
These parts set forth minimum standards and criteria pertaining to the regulation, conservation, and allocation of the water resources of the state, including the review, issuance, and denial of water appropriation applications and the modification, suspension, or termination of existing permits.
Further provisions for the administration of these parts are found in Minnesota Statutes, section 84.083, and chapters 103A, 103B, and 103E to 103G. Permits for water appropriation for mining shall be in agreement with provisions of Minnesota Statutes, section 103G.297.
History
- Statutory Authority: MS s 103G.515; 103G.531; 105.535
Minn. R. 6115.0620 Scope
Permits shall be required for, and these parts shall apply to, any appropriation of waters of the state, except for the following:
A. Appropriation of water for domestic uses serving less than 25 persons for general residential purposes.
B. Test pumping of a groundwater source.
C. Withdrawal for any use at a rate not to exceed 10,000 gallons per day and totaling no more than 1,000,000 gallons per year.
D. Agricultural field tile or open ditch drainage systems, including pumping, to remove water from crop lands. This shall not preclude the need for compliance with Minnesota Statutes, chapter 103E and for permits for changes in course, current, or cross-section of public waters in the event that the agricultural drainage system adversely affects public waters. Adverse effects on public waters may include partial or complete drainage of public waters, high water or flooding conditions on surrounding lands, and accelerated erosion and sedimentation.
E. Reuse and discharge of waters resulting from an appropriation of waters of the state for which a permit has been granted, subject to applicable laws, and rules of other state and federal governmental agencies.
History
- Statutory Authority: MS s 103G.515; 103G.531; 105.535
- History: L 1985 c 172
Minn. R. 6115.0630 Definitions
Subpart 1. Scope; shall.
For the purpose of these rules, the terms or words defined in this part have the meanings given therein, except where the context clearly indicates otherwise. The word "shall" is mandatory, not permissive.
Subp. 2. Aquifer.
"Aquifer" means any water-bearing bed or stratum of earth or rock capable of yielding groundwater in sufficient quantities that can be extracted.
Subp. 3. Appropriation.
"Appropriation" shall have the meaning prescribed in Minnesota Statutes, section 105.37, subdivision 5, "appropriation includes but is not limited to taking, regardless of the use to which the water is put."
Subp. 4. Artesian aquifer or confined aquifer.
"Artesian aquifer" or "confined aquifer" means a water body or aquifer overlain by a layer of material of less permeability than the aquifer. The water is under sufficient pressure so that when it is penetrated by a well, the water will rise above the top of the aquifer. A flowing artesian condition exists when the water flow is at or above the land surface.
Subp. 5. Basin.
"Basin" means a depression capable of containing water which may be filled or partly filled with waters of the state. It may be a natural, altered, or artificial depression.
Subp. 6. Commissioner.
"Commissioner" refers to the commissioner of the Department of Natural Resources or the commissioner's authorized representative.
Subp. 7. Consumptive use or consumption.
"Consumptive use" or "consumption" refers to water withdrawn and not directly returned to the same waters as the source for immediate further use in the area.
Subp. 8. Division.
"Division" means the Division of Waters, Department of Natural Resources.
Subp. 9. Domestic use.
"Domestic use" means use for general household purposes for human needs such as cooking, cleaning, drinking, washing, and waste disposal, and uses for on-farm livestock watering excluding commercial livestock operations which use more than 10,000 gallons per day and 1,000,000 gallons per year.
Subp. 10. Dug pit.
"Dug pit" means an artificial excavation such as sump, trench, pond, water hole, or other basin constructed for the purpose of intercepting and capturing surface and ground water, and often involving groundwater under water table or unconfined conditions.
Subp. 11. Groundwater.
"Groundwater" means subsurface water in the saturated zone. The saturated zone may contain water under atmospheric pressure (water table condition), or greater than atmospheric pressure (artesian condition).
Subp. 12. Protected flow.
"Protected flow" is defined as the amount of water required in the watercourse to accommodate instream needs such as water-based recreation, navigation, aesthetics, fish and wildlife habitat, water quality, and needs by downstream higher priority users located in reasonable proximity to the site of appropriation.
Subp. 13. Protection elevation.
"Protection elevation" is defined as the water level of the basin necessary to maintain fish and wildlife habitat, existing uses of the surface of the basin by the public and riparian landowners, and other values which must be preserved in the public interest.
Subp. 14. Public water supply.
"Public water supply" refers to the various supplies of water used primarily for domestic supply purposes and obtained from a source or sources by a municipality, a water district, a person, or corporation where water is delivered through a common distribution system, as further defined in Minnesota Statutes, section 144.382, subdivision 4.
Subp. 15. Safe yield for water table condition.
"Safe yield for water table condition" means the amount of groundwater that can be withdrawn from an aquifer system without degrading the quality of water in the aquifer and without allowing the long term average withdrawal to exceed the available long term average recharge to the aquifer system based on representative climatic conditions.
Subp. 16. Safe yield for artesian condition.
"Safe yield for artesian condition" means the amount of groundwater that can be withdrawn from an aquifer system without degrading the quality of water in the aquifer and without the progressive decline in water pressures and levels to a degree which will result in a change from artesian condition to water table condition.
Subp. 17. Water table aquifer or unconfined aquifer.
"Water table aquifer" or "unconfined aquifer" means an aquifer where groundwater is under atmospheric pressure.
Subp. 18. Waters of the state.
"Waters of the state" means any waters, surface or underground, except those surface waters which are not confined but are spread and diffused over the land. "Waters of the state" includes all boundary and inland waters (Minnesota Statutes, section 103G.005, subdivision 17).
Subp. 19. Watercourse.
"Watercourse" means any natural, altered, or artificial channel having definable beds and banks capable of conducting confined runoff from adjacent lands (Minnesota Statutes, section 103G.005, subdivisions 3, 5, and 13).
Subp. 20. Well.
"Well" means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed where the intended use is for the location, diversion, or acquisition of groundwater (Minnesota Statutes, section 103I.005, subdivision 21).
History
- Statutory Authority: MS s 103G.515; 103G.531; 105.535
Minn. R. 6115.0640 Coordination with Other Agencies
Nothing in these parts is intended to supersede or rescind the laws, rules, regulations, standards, and criteria of other international, federal, state, regional, or local governmental subdivisions with the authority to regulate the appropriation of waters of the state. The issuance of a permit shall not confer upon an applicant the approval of any other unit of government for the proposed project. The department shall coordinate the review of permit applications with other units of government having jurisdiction in such matters.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0650 Severability
The provisions of these rules shall be severable, and the invalidity of any paragraph, subparagraph, or subdivision thereof, shall not make void any other paragraph, subparagraph, subdivision, or any other part.
History
- Statutory Authority: MS s 105.535
Minn. R. 6115.0660 Application for Permit
Subpart 1. Requirement.
Applications shall be submitted for each surface or ground water source from which water is proposed to be appropriated. A separate application shall be required for the following:
A. for each distribution system if the water is used in more than one common distribution system;
B. for each well(s) completed in different aquifers if groundwater is to be appropriated from separate wells completed in more than one aquifer; and
C. for each basin or watercourse involved if surface water is to be appropriated from several different basins or watercourses.
Subp. 2. Evidence of ownership.
The applicant must provide written evidence of ownership, or control of, or a license to use, the land overlying the groundwater source or abutting the surface water source from which water will be appropriated.
Subp. 3. Information required.
All applicants shall submit the following information when it is reasonably available. Additional submittals may be required as prescribed in parts 6115.0680 to 6115.0720 and where deemed necessary by the commissioner in order to adequately evaluate the applications:
A. A completed application on forms supplied by the commissioner.
B. The required application fee (Minnesota Statutes, sections 103G.301, subdivisions 2 to 5, and 103G.315, subdivision 12).
C. Aerial photographs, maps, sketches, detailed plat, topographic maps, or other descriptive data sufficient to show:
D. Signed statement that copies of the application and accompanying documents have been sent to the mayor of the city, secretary of the board of supervisors of the soil and water conservation district, or the secretary of the board of managers of the watershed district if the proposed project is within a city or within or affects a watershed district or soil and water conservation district or a city (Minnesota Statutes, section 103G.301, subdivision 6).
E. Statement of justification supporting the reasonableness and practicality of use with respect to adequacy of the water source, amounts of use, and purposes, including available facts on:
F. Information on any water storage facilities and capabilities and any proposed reuse and conservation practices.
G. Application for use of surface water shall include the following additional data:
H. Application for use of groundwater, except for agricultural irrigation (part 6115.0680) shall include the following data:
Subp. 4. Waiver.
Whenever information required by parts 6115.0660 and 6115.0680 to 6115.0720 is unnecessary or inapplicable, the commissioner shall waive those requirements.
History
- Statutory Authority: MS s 103G.315; 105.415
Minn. R. 6115.0670 Commissioner's Actions on Permit Applications
Subpart 1. In general.
Upon receipt of the information required from the applicant under parts 6115.0660 and 6115.0680 to 6115.0720, where applicable, the commissioner shall take action on the application as follows.
Subp. 2. Review and analysis of data.
Review and analysis of data:
A. The commissioner shall consider the following factors, as applicable:
B. The commissioner shall further consider the following factors for appropriation from watercourses:
C. The commissioner shall further consider the following factors for appropriation from basins:
D. The commissioner shall further consider the following factors for appropriation of groundwater:
Subp. 3. Decision on applications.
The commissioner is authorized to grant permits, with or without conditions, or deny them. In all cases, the applicant, the managers of the watershed district, the board of supervisors of the soil and water conservation district, or the mayor of the city may demand a hearing in the manner specified in Minnesota Statutes, section 103G.311, subdivision 5, within 30 days after receiving mailed notice outlining the reasons for denying or modifying an application.
Decisions by the commissioner are further subject to the administrative provisions of Minnesota Statutes, sections 103G.241, 103G.251, 103G.295, 103G.297, and 103G.301 to 103G.315. These sections include information and requirements on procedure, authority, timing of actions, fees, notice, investigations, violations and penalties, and special provisions regarding mining operations.
Based on these statutory requirements and other applicable provisions of Minnesota Statutes, section 84.083, and chapters 103A, 103B, and 103E to 103G, the commissioner shall make decisions as follows:
A. No permit shall be granted if:
B. Approval of any surface water appropriation application shall be further subject to the following:
C. Approval of appropriation from ground water shall be further subject to the following:
Subp. 4. Waiver.
The commissioner shall waive any of the provisions of subpart 3 if it is determined that conditions are such that implementation of a provision would be unnecessary or inapplicable or if an applicant provides sufficient evidence to show just cause why such provision would not be reasonable, practical, or in the public interest. In the event the commissioner does not grant an applicant's request for waiver the applicant may demand a hearing.
Subp. 5. Specific types of appropriation and use.
Additional requirements and decisions governing agricultural irrigation, public water supplies, dewatering, water level maintenance, and mining are also contained in parts 6115.0680 to 6115.0720.
History
- Statutory Authority: MS s 103G.315; 105.415
- History: L 1985 c 172; L 1991 c 259 s 23
Minn. R. 6115.0680 Additional Requirements and Conditions for Agricultural Irrigation
Subpart 1. Additional application information.
For ground water appropriation, the applicant must submit to the commissioner the following data in addition to the requirements of part 6115.0660:
A. If the application is for use of groundwater from an aquifer system for which adequate groundwater availability data are available and therefore is designated by the commissioner as a Class A application, (Minnesota Statutes, section 103G.295, subdivision 3):
B. If the application is for use of groundwater from an aquifer system for which inadequate groundwater availability data are available and therefore is designated by the commissioner as a Class B application, (Minnesota Statutes, section 103G.295, subdivision 3) the applicant shall supply the following additional information as required by Minnesota Statutes, section 103G.295, subdivision 4, including:
Subp. 2. Commissioner's actions.
The commissioner shall analyze and evaluate applications based on facts supplied by the applicant pursuant to parts 6115.0660 and subpart 1 of this part. Decisions shall be subject to the applicable procedures outlined in part 6115.0670 and based on recommendations of the soil and water conservation district, soil surveys, and other available data on soil characteristics relating to soil suitability for agricultural irrigation and adequacy of existing or proposed soil and water conservation measures in order to protect water quality and prevent erosion and sedimentation.
The commissioner shall determine the amount of water allowed to be used under the above paragraph based on:
A. Acreage of lands involved.
B. Climatic characteristics of the area involved.
C. Dominant soil types of the acreage to be irrigated and major crops to be irrigated.
D. Best available technology, methodology, and crop-water use requirement information including, but not limited to, Irrigation Guide for Minnesota, Soil Conservation Service, U.S. Department of Agriculture, Saint Paul, Minnesota, 1976.
E. When adequate data on soil moisture and local climatic conditions are available for the area, the commissioner may in cooperation with irrigators and agricultural experts establish an irrigation scheduling system to provide for improved conservation of water.
F. For irrigation from surface water, where stream flow or lake level records are unavailable or when available records indicate that flows or levels during the irrigation season would be inadequate if all potential riparian landowners would use the water for irrigation, the amount of appropriation shall be limited to no more than one-half acre-foot per acre of riparian land owned or controlled by the applicant except for appropriation for wild rice paddies as is provided in item G. Riparian lands for the purpose of these rules shall be those 40-acre tracts or government lots, or portions thereof, that directly abut a basin or watercourse. This provision shall apply until a protected flow or protection elevation has been established in accordance with part 6115.0670, subpart 3, item B.
G. The amount of appropriation for wild rice paddies shall be based on consideration of climatic characteristics of the area and the best available technology relating to amounts of water needed to raise wild rice.
History
- Statutory Authority: MS s 103G.315; 105.415
Minn. R. 6115.0690 Additional Requirements and Conditions for Public Water Supplies
Subpart 1. Additional application information.
The applicant shall be required to submit to the commissioner all or portions of the following data in addition to the requirements of part 6115.0660:
A. the number of domestic users;
B. reasonable projection of population growth;
C. the number and type of industrial and commercial users of the public water supply system;
D. the amount of water to be supplied to domestic, industrial, and commercial users respectively;
E. other users by type of use and amount to be used from the public water supply system such as golf courses, recreational lake level maintenance, water transferred to other supply systems;
F. information regarding the quantity of the appropriated water to be used in distribution and waste water treatment facilities, not including volume of actual waste water; and
G. details on emergency plans for water shortage periods outlining public information programs, priorities for limitations of discretionary water use, and alternate sources of public water supplies.
Subp. 2. Commissioner's actions.
The commissioner shall allow the appropriation of water for public water supply systems based on evaluation and analysis of the data submitted by the applicant under provisions of parts 6115.0660 and subpart 1 of this part and the procedures outlined in part 6115.0670 and subject to subpart 3.
Subp. 3. Other requirements.
Appropriation permits issued to public water supply authorities shall be subject to requirements of Minnesota Statutes, section 103G.291, relating to critical water deficiency periods and restriction of nonessential uses.
History
- Statutory Authority: MS s 103G.315; 105.415
Minn. R. 6115.0700 Additional Requirements and Conditions for Water Level Maintenance for Basins
Subpart 1. Additional application information.
For water appropriation applications for the purpose of establishing and maintaining water levels for basins the applicant shall submit the following data in addition to the requirements of part 6115.0660:
A. information on the basin and proposed source of supply or source of discharge, including facts indicating how the water will be appropriated and discharged and the proximity of the basin to the proposed source of supply or source of discharge; and
B. information on the design of any discharge facility into or out of the basin.
Subp. 2. Commissioner's actions.
The commissioner shall evaluate and make decisions on applications based on facts supplied by the applicant and subject to the applicable procedures outlined in part 6115.0670 and the following determinations:
A. effects on public welfare of the proposed appropriation;
B. the proposed appropriation is reasonable, practical, technically feasible, and effectively accomplishes its purpose;
C. the proposed appropriation will have minimal or no detrimental effect on the basin, the proposed source of supply, or the receiving water and property of riparian owners;
D. the quality of the water of the basin or the receiving water source will not be detrimentally impaired by the appropriation; and
E. the proposed appropriation is consistent with part 6115.0221, item A, subitem (2), public waters permits rules.
History
- Statutory Authority: MS s 103G.315; 105.415
Minn. R. 6115.0710 Additional Requirements and Conditions for Dewatering
Dewatering, which involves appropriation of water from ground or surface water sources for purpose of removing excess water, shall be subject to water appropriation permit requirements, unless otherwise exempted by these parts. The commissioner shall evaluate and make decisions on such application based on applicable provisions of parts 6115.0660 and 6115.0670 and the following additional requirements:
A. The applicant must show there is a reasonable necessity for such dewatering and the proposal is practical.
B. The applicant must show that the excess water can be discharged without adversely affecting the public interest in the receiving waters, and that the carrying capacity of the outlet to which waters are discharged is adequate.
C. The proposed dewatering is not prohibited by any existing law.
History
- Statutory Authority: MS s 103G.315; 105.415
Minn. R. 6115.0720 Additional Requirements and Conditions for Mining and Processing of Metallic Minerals and Peat
Subpart 1. Additional application information.
All applicants for permits for mining and processing of metallic minerals and peat must provide the following information in addition to the requirements of Minnesota Statutes, section 103G.297 and part 6115.0660:
A. all plans and specifications regarding withdrawal, use, storage, and disposal of waters of the state;
B. details of the rates, volumes, and source of water to be appropriated and consumed in the processing, including all losses such as uncontrolled seepage, evaporation, plant losses, and discharge volumes;
C. criteria used in estimating the proposed appropriation, distribution, and discharge based on climatic averages and extremes;
D. details of the sources, rates, and volumes of water released from the mining operations involved;
E. details of the hydrologic and hydraulic impacts and effects of the operation on the watershed(s) including changes in basins, watercourses, and groundwater systems.
Subp. 2. Commissioner's actions.
The commissioner shall analyze, evaluate, and make decisions on appropriations for mining and processing of metallic minerals based on facts submitted by the applicant pursuant to subpart 1 and part 6115.0660, subject to the conditions outlined in part 6115.0670 and the following considerations:
A. The commissioner shall direct the applicant to utilize available surplus water from preexisting mining operations or facilities, whether owned or controlled by the applicant or others, whenever feasible and practical unless justification is provided on why such practice should not be allowed. If the commissioner finds that an existing permittee has available unused water, for which there is inadequate justification, the commissioner, after notice and opportunity for hearing, shall amend the existing permit to promote better utilization of the water.
B. The commissioner shall base the allocation of water on consideration of the legal requirements for water quality, the impact of the appropriation on those requirements, and the following order of priorities of water supply sources located within reasonable distance to the mining or processing site:
C. If the disposal of excess water is necessary and if any mining operation in the area has caused or will cause a substantial reduction in watercourse flow, the commissioner shall where feasible and practical require the permittee to discharge excess water in a manner that would restore the flow. Such action shall consider the existing and anticipated use of excess water by higher priority users and must be in compliance with appropriate rules of the Minnesota Pollution Control Agency.
History
- Statutory Authority: MS s 103G.315; 105.415
Minn. R. 6115.0730 Well Interference Problems Involving Appropriation
Subpart 1. For new applications.
If the commissioner determines that an adequate supply of water is available and that the proposed project is reasonable and practical as determined based on parts 6115.0670 and 6115.0680 to 6115.0720, but that there is a probable interference with public water supply well(s) and private domestic well(s) which may result in reducing the water levels beyond the reach of those wells, the following procedures shall apply:
A. The applicant shall be responsible for obtaining and providing to the commissioner, available information including depth, diameter, nonpumping and pumping levels, quality, and well construction details for all domestic and public water supply wells located within the area of influence of the proposed appropriation well.
B. The commissioner may require aquifer tests or other field tests to be conducted.
C. The commissioner shall determine the probable interference with the domestic and public water supply wells based on theoretic computations using available information regarding the aquifer characteristics obtained from aquifer tests and/or from hydrologic studies, and the probable effects of lowering the water levels in the domestic and public water supply wells due to the proposed appropriation in the area. For public supply wells only the probable interference with that portion which is used for domestic water supply is considered.
D. The commissioner shall provide the prospective appropriator with an evaluation of the nature and degree of effect of the appropriation on the water levels of the domestic well(s) and public water supply well(s).
E. The commissioner shall not issue the permit until the applicant agrees to exercise any of the following options within 30 days after written notification by the commissioner:
Subp. 2. For existing permits.
If complaints are made to the commissioner by private domestic well owner(s) or public water supply authority regarding the effects of a water appropriation on the domestic water supplies, the following procedures shall be followed:
A. The commissioner shall provide complaint forms to the parties making the complaint, thereafter referred to as "complainant."
B. Upon receipt of the completed complaint forms the commissioner shall notify the permittee, the applicable watershed district, and the soil and water conservation district and any other governmental agency or person who may be affected or has expressed interest in the complaint.
C. The commissioner shall investigate and assess the complaint by:
D. Where adverse effects on the domestic well(s) are substantiated, the commissioner shall notify the permittee of the facts and findings of that complaint evaluation. In the event that the commissioner determines that the domestic water supply is endangered the commissioner shall, pursuant to part 6115.0750, subpart 7, unless a temporary solution is worked out, restrict or cancel the appropriation until such time as a decision has been made by either negotiation, settlement, or hearing.
E. The permittee shall within 30 days after written notification by the commissioner take appropriate action by exercising any of the following options:
Subp. 3. New domestic wells installed after appropriation permits have been issued.
In the event that new domestic wells, exempt from permit requirements, are installed in area of adequate ground water supplies where permits have been issued for appropriation the following shall apply:
A. It shall be the responsibility of the prospective new domestic well owner to ensure that the new domestic well will be constructed at adequate depth so that it will provide an adequate domestic water supply which will not be limited by the permitted appropriation.
B. Holders of valid permits for appropriation of water in areas where adequate water supplies are available shall not be responsible for well interference problems, involving new domestic wells exempt from permit, when such exempt domestic wells are installed subsequent to authorized appropriation.
Subp. 4. Settlement.
If the applicant or permittee and the complainant(s) have been unable to negotiate a reasonable agreement pursuant to subparts 1, item E and 2, item E, the following procedure shall be implemented:
A. The applicant or permittee shall submit to the complainant a notarized written offer including a statement that the complainant must respond in writing to the commissioner within ten days from the receipt of the offer either accepting the offer or explaining why it is rejected. The offer must be submitted to the complainant with a copy to the commissioner within 40 days after the receipt of the written notification provided in subparts 1, item E and 2, item E, based on the following:
B. The complainant shall, within ten days from the receipt of the notarized written offer, respond to the commissioner in writing either accepting the offer or making argument on why the offer is not reasonable. If no response is received from the complainant, within the time limit, the commissioner shall dismiss the complaint.
C. If the offer is not accepted, the commissioner shall make a decision based on the written offer and arguments and available facts, within ten days as follows:
History
- Statutory Authority: MS s 103G.315; 105.415
Minn. R. 6115.0740 Water Use Conflicts
Subpart 1. Conflict defined.
For the purpose of these rules a conflict occurs where the available supply of waters of the state in a given area is limited to the extent that there are competing demands among existing and proposed users which exceed the reasonably available waters. Existing and proposed appropriations could in this situation endanger the supply of waters of the state so that the public health, safety, and welfare would be impaired.
Subp. 2. Procedure.
Whenever the total withdrawals and uses of ground or surface waters would exceed the available supply based on established resource protection limits, including protection elevations and protected flows for surface water and safe yields for groundwater, resulting in a conflict among proposed users and existing legal users the following shall apply:
A. In no case shall a permittee be considered to have established a right of use or appropriation by obtaining a permit.
B. The commissioner shall analyze and evaluate the following:
C. If conflicts can be resolved by modifying the appropriation of the proposed and existing users, the commissioner shall do so.
D. If conflicts cannot be resolved through modification of proposed and existing permits the commissioner shall base the decision regarding issuance of new applications and retention, modification, or termination of existing permits on the basis of existing priorities of use established by the legislature as follows:
Subp. 3. Notice and hearing.
All actions by the commissioner shall be made after notice and opportunity for public hearing.
History
- Statutory Authority: MS s 103G.315; 105.415
Minn. R. 6115.0750 Provisions and Conditions of Water Appropriation Permits
Subpart 1. In general.
Water appropriation permits shall include the following provisions and conditions, unless otherwise required by law.
Subp. 2. Term of permits.
Permits shall be issued for temporary or for long-term appropriation.
Temporary permits involve a one-time, limited life, not more than 12 months, nonrecurring appropriation of waters of the state, such as for highway construction, exploratory drilling for minerals, hydrostatic testing of pipelines and other short-term projects. Requested time extensions shall be permitted, but in no case shall the total length of time the permit remains in force exceed two years.
Long-term permits will remain in effect subject to applicable permit provisions and conditions of the permit, the law, and these parts, provided that in cases where the permittee is not the landowner of record, the term of the permit shall be the same as that of the property rights or license held.
Subp. 3. Monitoring.
Monitoring:
A. All permittees shall measure and keep monthly and yearly records of the quantity of water used or appropriated at the point of taking from each source under permit.
B. Each installation for appropriating or using water shall be equipped with a device or employ a method to measure the quantity of water appropriated to within ten percent of actual withdrawal. The commissioner shall determine the method to be used for measuring water appropriated based on: the quantity of water appropriated or used; the source and location of the appropriation; the method of appropriating or using water; other facts supplied by the permittee. The commissioner shall require flow meters to be used whenever the rate of appropriation is greater than 1,500 gallons per minute, unless the permittee can show justification why flow meters cannot practically be used or are not necessary considering the factors contained in the two preceding paragraphs. Such justification must be supported by facts which indicate the technical difficulties which would be encountered if flow meters were required.
C. For surface water appropriations, where applicable, the permittee shall measure flows or levels in the watercourse or basin at a specific gauge designated by the commissioner and located within the area of appropriation. The commissioner shall require permittees to pay necessary costs of establishing and maintaining such gages as provided in parts 6115.0010 to 6115.0100, rules for permit fees. For groundwater appropriation, the commissioner, based on availability of hydrologic data on the aquifer involved, frequency and rate of pumping, and probability of conflict or well interference, shall require the permittee to measure and keep records of the water levels in each production well at reasonable times prescribed in the permit. Observation wells may be required as a condition of the permit to better evaluate hydrologic conditions and effects in areas where hydrologic data are unavailable, where probable conflict or well interference problems may occur and where such wells are required by law.
Subp. 4. Reporting.
Annual calendar year monthly records of the amount of water appropriated or used and the water level measurements shall be recorded for each installation. Such readings and the total amount of water appropriated and used shall be reported annually to the commissioner, on or before February 15 of the following year upon forms to be supplied by the commissioner unless otherwise specified in the permit.
Such records shall be submitted with an annual water appropriation processing fee as required by Minnesota Statutes, sections 103G.271, subdivision 6, and 103G.281, subdivision 3, for each permit whether or not any water was appropriated during the year.
Additional information shall be required such as acreage irrigated, identification of water disposal sites, and amount of water discharged, when necessary for the statewide water information system (Minnesota Statutes, section 103G.275, subdivision 2).
Failure to report and pay the fee shall be sufficient cause for terminating a permit 30 days following written notice by the commissioner of the violation of the permit.
No fee is required from any state agency as defined in Minnesota Statutes, section 16B.01, subdivision 2, or any federal agency.
Subp. 5. Amendments to permits.
Amendments to permits:
A. Major modification of any water appropriation permit shall not be made before obtaining the written permission from the commissioner. Major modification includes changes such as substantial increase or decrease in the rate and quantity of water withdrawn, any change in source of appropriation or substantial change in the amount of land irrigated, when applicable. Request for amendment can be made by letter or on forms supplied by the commissioner. New applications shall be required when there are changes in the source of supply, the purpose of appropriation, or when the proposed increases in rates and amounts of water would probably create conflict or well interference. Requests for amendments shall be reviewed as if they were for a new application, subject to provisions of parts 6115.0600 to 6115.0800.
B. Pursuant to authority in Minnesota Statutes, section 103G.315, subdivision 11, the commissioner may modify or amend any existing permits based on the following procedures and the criteria in parts 6115.0670 to 6115.0720, where applicable. The commissioner shall notify the permittee of the intent to amend the permit. The notice will include details on modifications to be implemented by the permittee and the timing to complete the modifications. The permittee shall respond within 30 days from receipt of the notice. Such response period shall be thereafter extended by the commissioner for good cause shown. If no response is received in 30 days and no extension of response time is authorized by the commissioner, the proposed amendments shall be made. The commissioner based on the permittee's response and the criteria established in these rules shall either modify the proposed amendment or adopt the original proposed amendment.
C. All amendments and modifications are made after notice and opportunity for hearing.
Subp. 6. Transfers or assignments of permits.
If the property involving a water appropriation permit is sold, transferred, or assigned to another person, the permit may be transferred to the transferee without the necessity of reapplication, subject to the following.
The transferee shall, within 90 days after date of property sale, transfer, or assignment, or within a longer period of time allowed by the commissioner for good cause shown, submit written notification to the commissioner stating the intention to continue the appropriation as stated in the permit. If the transferee intends to make major modifications to the existing permit, a new application shall be required subject to the provisions of subpart 5.
No permit is assigned except with the written consent of the commissioner.
Subp. 7. Limitations on permits.
All permits issued by the commissioner since 1949 are subject to the provisions of Minnesota Statutes, section 103G.315, subdivision 11, relating to cancellation and conditions of permits and Minnesota Statutes, section 103G.315, subdivisions 2 to 6, 8, and 9, relating to terms and reservations with respect to the amount and manner of such use or appropriation or method of construction or operation of controls as appears reasonably necessary for the safety and welfare of the people of the state.
The commissioner, subject to the terms and conditions of such existing permits, may modify, restrict, or cancel an existing appropriation or use until such time as a decision has been reached by either negotiation, settlement, or after a public hearing. If a permit does not contain a provision which restricts appropriation or use for the protection of safety or welfare of the people of the state the commissioner cannot modify or restrict an existing appropriation until opportunity is provided for a public hearing and where ordered a public hearing has been completed.
Subp. 8. Terminations.
Permits shall be terminated under the following:
A. Request by the permittee.
B. When any of its provisions are violated.
C. When the permittee sells, transfers, or assigns the property described in the permit and the transferee does not wish to continue appropriating.
D. Upon finding that the permittee has violated the provisions of any applicable laws and rules.
E. Where the permittee has not for five consecutive years, from the date of issuance of the permit, appropriated the water. Such time shall be extended by the commissioner for good cause shown.
F. When the lease or contract for deed is forfeited or canceled.
G. Permits for agricultural irrigation shall be subject to termination by the commissioner upon justifiable recommendation of the supervisors of the soil and water conservation district, wherein the land irrigated is located, regarding the inadequacy of the soil and water conservation measures.
H. When the commissioner deems it necessary for the conservation of the water resources of the state or in the interest of public health, safety, and welfare.
I. When the commissioner deems it necessary pursuant to parts 6115.0730 and 6115.0740.
J. Any action pursuant to items B and D to I shall be subject to appropriate notice and opportunity for hearing, except as provided in subpart 7.
K. In the case of permits for mining issued in conjunction with Minnesota Statutes, section 103G.297, procedures for termination shall be subject to provisions of Minnesota Statutes, section 103G.297, subdivision 8.
History
- Statutory Authority: MS s 103G.315; 105.415
Minn. R. 6115.0760 Local Permits
The commissioner, pursuant to Minnesota Statutes, section 103G.271, subdivision 4, shall delegate to municipal, county, or regional level of government the authority to process and approve permit applications for the appropriation and use of waters of the state in amounts of more than 10,000 gallons per day and more than 1,000,000 gallons per year, but less than 3,600,000 million gallons per year. Such delegation shall be made at the municipal, county, or regional level which means a governmental entity, or several governmental entities in combination, having authority or jurisdiction over areas of geographical extent beyond the limits of a single county, or a watershed district. The delegation by the commissioner shall be subject to the following requirements:
A. The authorized unit of government has established an administrative process which includes provisions for establishing a water appropriation management planning process consistent with part 6115.0810.
B. The review and approval of applications are consistent with the applicable provisions of these parts.
C. A formalized agreement is made and signed by the commissioner and the appropriate municipal, county, or regional level authority involved.
D. Copies of all applications and records of local actions on applications are provided to the commissioner upon receipt and action.
E. Records of water appropriation amounts and the processing fee shall be submitted by the permittee to the commissioner as required by part 6115.0750, subparts 3 and 4, and Minnesota Statutes, sections 103G.271, subdivision 6, and 103G.281, subdivision 3.
History
- Statutory Authority: MS s 103G.315; 105.415
Minn. R. 6115.0770 Water Conservation
In order to maintain water conservation practices in the water appropriation and use regulatory program it is necessary that existing and proposed appropriators and users of waters of the state employ the best available means and practices based on economic considerations for assuring wise use and development of the waters of the state in the most practical and feasible manner possible to promote the efficient use of waters.
Based on data submitted by applicants and permittees and current information on best available water conservation technology and practice the commissioner, in cooperation with the owners of water supply systems, may analyze the water use practices and procedures and may require a more efficient use of water to be employed by the permittee or applicant, subject to notice and opportunity for hearing.
History
- Statutory Authority: MS s 103G.315; 105.415
Minn. R. 6115.0780 Abandonment of Wells
The permittee shall notify the commissioner prior to abandoning, removing, covering, plugging, or filling the well or wells by means of which a water appropriation was made. The commissioner shall require abandonment procedures and methods consistent with the Minnesota Department of Health rules, parts 4725.2300 to 4725.3200.
History
- Statutory Authority: MS s 103G.315; 105.415
Minn. R. 6115.0790 Field Investigations
In order to fully evaluate water appropriations, the commissioner shall conduct field investigations to determine the nature and scope of the appropriation and the impact it has or will have on water and related land resources. Such field inspection shall be made in a timely fashion and shall be coordinated with one or more of the following divisions of the department: Enforcement, Fish and Wildlife, Forestry, Minerals, Lands, and Parks and Recreation. A fee shall be charged for field inspections subject to rules for permit fees, part 6115.0080.
History
- Statutory Authority: MS s 103G.315; 105.415
Minn. R. 6115.0800 Information on Appropriation Permit Laws
The applicants or existing permittees shall, upon request to the commissioner, be furnished copies of applicable portions of the law or synopsis, where they exist, relating to their proposed or existing appropriation.
History
- Statutory Authority: MS s 103G.315; 105.415
Minn. R. 6115.0810 Water Appropriation and Use Management Plans
Subpart 1. In general.
In order to address the provisions of Minnesota Statutes, sections 103B.155, 103G.261, 103G.265, and 103G.271, subdivision 2, the commissioner, in cooperation with other state and federal agencies, regional commissions and authorities, local governments and citizens, establishes the following process for the preparation and implementation of the elements of any state, regional, and local plan relating to water appropriation and use.
Subp. 2. Criteria and procedures.
Since the availability, distribution, and utilization of waters of the state and the character and use of related land resources vary considerably throughout the state, a comprehensive water appropriation management planning process must be based on these considerations and according to the following principles and procedures:
A. Water appropriation management plans should be prepared for specific definable areas of the state on consideration of:
B. Upon establishment of the need for a water appropriation management plan pursuant to item A, the commissioner shall establish a management planning process including procedures, a public participation process, and development of a planning team consisting of representatives of the department, permittees, any other interested, concerned, and involved government or citizen group listed in subpart 1 to review and cooperate in preparation of the plan.
Subp. 3. General requirements and contents of plans.
Every water appropriation plan should, at a minimum, include:
A. An evaluation of the amount and dependability of information on the hydrologic systems of the area and the adequacy of the information to provide necessary facts on the amounts of water which can be reasonably withdrawn from the waters of the state in the area without creating major environmental problems or diminishing the long-term seasonal supply of water for various purposes. This will provide essential background information for establishing protected flows and protection elevations, part 6115.0670, subpart 3, item B, subitem (6).
B. An evaluation of data on stream quality and flows, lake water quality and levels, groundwater quality and levels, and climatic factors. This will provide essential data useful to the applicant and the commissioner in permit application considerations, parts 6115.0660 to 6115.0720.
C. An evaluation of present and anticipated future use of waters and lands and the amounts and distribution of use within the area. This will facilitate the determinations necessary under part 6115.0670, subpart 2, item A, subitem (2).
D. An evaluation of the problems and concerns relating to use of the waters within the area.
E. Water conservation alternatives and methods and procedures for dealing with water shortages or excesses during periods of deficient or excess water. See parts 6115.0660, subpart 3, item F; 6115.0690, subpart 1, item G; and subpart 2 of this part.
F. Considerations of the relationship of the water appropriation and use management plan to other water resources programs of the state, such as floodplain management, shoreland management, water surface use management, water quality management, soil and water conservation management, and agricultural land management.
History
- Statutory Authority: MS s 103G.315; 105.415
Minn. R. 6115.0900 Purpose
In order to provide for the orderly establishment of lake improvement districts in a manner that will preserve and protect the lakes of Minnesota and increase and enhance the use and enjoyment of these lakes, the commissioner of the Department of Natural Resources does hereby provide guidelines, criteria, and standards for establishment of lake improvement districts by counties, cities, and towns, as authorized by Minnesota Statutes, sections 103B.511 to 103B.581, 103G.605, 103G.621, and 459.20, in furtherance of the policies declared in Minnesota Statutes.
These rules establish minimum guidelines, criteria, and requirements relating to:
A. procedures by which proposed lake improvement districts shall be reviewed prior to establishment;
B. standards and criteria which all proposed lake improvement districts shall meet before establishment, modification, or termination.
History
- Statutory Authority: MS s 103B.511; 378.41
Minn. R. 6115.0910 Scope
These parts shall apply to all existing and proposed lake improvement districts. These parts shall not apply to lake conservation districts established by special legislation of the Minnesota state legislature.
History
- Statutory Authority: MS s 378.41
Minn. R. 6115.0920 Definitions
Subpart 1. Shall.
For the purpose of these parts, certain terms or words used herein shall be interpreted as follows: the word "shall" is mandatory, not permissive.
Subp. 2. Agency.
"Agency" means the Minnesota Pollution Control Agency.
Subp. 3. Commissioner.
"Commissioner" means the commissioner of the Department of Natural Resources or authorized representative.
Subp. 4. Direct drainage basin.
"Direct drainage basin" means that portion of a lake's total watershed which is not drained to an upstream water basin, as defined herein. The determination of size and physical limits of a lake's direct drainage basin shall be made by the commissioner.
Subp. 5. District boundaries.
"District boundaries" means, for the purpose of these parts, the territorial boundaries of a lake improvement district. All lands and waters within the direct drainage basin, as defined herein, shall be included within the district boundaries, except those exclusions for which written approval is obtained from the commissioner. The boundaries shall include a sufficient amount of the lake's watershed and related land to develop and implement feasible solutions to the problems the district intends to address. The boundaries shall also include all lands and waters which can reasonably be considered adversely affected by the proposed programs, plans, or actions of the lake improvement district.
Subp. 6. Lake.
"Lake" means, for the purpose of these parts, any public water basin identified and classified in the shoreland management ordinances of the local county or municipal unit of government.
Subp. 7. Lake improvement district.
"Lake improvement district" means a district formed around a lake in accordance with Minnesota Statutes, sections 103B.501 to 103B.581. A lake improvement district is a local unit of government established by resolution of appropriate county boards and/or city governing bodies, or by the commissioner, for the implementation of defined lake management projects and for the assessment of the costs thereof.
Subp. 8. Natural hydrologic boundaries.
"Natural hydrologic boundaries" means the boundaries of a lake's direct drainage basin, as defined herein.
Subp. 9. Resident.
"Resident" means a person 18 years of age or older who meets the residency requirements of Minnesota Statutes, section 200.031.
Subp. 10. Resident owner.
"Resident owner" means a Minnesota resident who is the owner of land or the contract purchaser of land within the boundaries of a lake improvement district.
Subp. 11. Water basin.
"Water basin" means an enclosed basin normally partly or completely filled with water. The water basin may have inlet and outlet streams, it may have only an inlet or outlet, or it may be completely enclosed.
Subp. 12. Watershed.
"Watershed" means the entire surface drainage area that contributes water to a lake.
History
- Statutory Authority: MS s 103B.511; 378.41
- History: 17 SR 1279
Minn. R. 6115.0930 Severability
The provision of these rules shall be severable, and the invalidity of any paragraph, subparagraph, or subdivision thereof shall not make void any other paragraph, subparagraph, subdivision, or any other part.
History
- Statutory Authority: MS s 378.41
Minn. R. 6115.0940 Goals for Lake Improvement Districts
Proposals for the establishment of lake improvement districts shall be evaluated according to the degree to which they promote the following goals:
A. lake protection and rehabilitation;
B. protection and enhancement of environmental values by preventing degradation of fish and wildlife habitat, surface and ground water quality, natural beauty and unique scientific values, recreational values, and the quality of life generally;
C. preservation of the public rights in the public waters of the state and to provide the public use of the lake consistent with the preservation of environmental values;
D. ensuring local involvement in the project and a commitment to future lake management;
E. conformity with federal, state, regional, and local laws, rules, and water and related land management policies; and
F. fair and objective resolution of conflicts between competing lake related interests in and around the district.
History
- Statutory Authority: MS s 378.41
Minn. R. 6115.0950 Eligibility for Lake Improvement Districts
The types of lake improvements in items A to H are eligible for the creation of a lake improvement district:
A. studying the sources of and solutions to lake problems;
B. preserving and improving water quality by means of water and related land management, excluding land use zoning authority; and in-lake water treatment;
C. sedimentation and siltation control;
D. shoreline erosion control;
E. aquatic nuisance control;
F. preserving and improving fish and wildlife habitat;
G. preserving and improving recreational potential of the lake; and
H. any other purposes approved by the county board pursuant to Minnesota Statutes, sections 103B.551, subdivision 3; 103G.605; and 103G.621.
History
- Statutory Authority: MS s 103B.511; 378.41
Minn. R. 6115.0960 Criteria and Standards for Establishment of Lake Improvement Districts
Subpart 1. In general.
Proposals for the establishment of lake improvement districts shall be evaluated based on the extent to which they demonstrate the following.
Subp. 2. Local need for district.
The proposal shall demonstrate the need for the district and why another unit of government with similar powers, or a voluntary lake association, cannot or will not satisfactorily accomplish the district's proposed purposes.
Subp. 3. Appropriateness of proposed boundaries.
The proposed boundaries shall be consistent with district boundaries as defined in part 6115.0920. The proposed boundaries shall include all lands and waters within the lake's direct drainage basin, unless justification is provided for including a lesser area and approved in writing by the commissioner. The proposed boundaries shall include a sufficient amount of the lake's watershed and related land to develop and implement feasible solutions to the identified problems. The proposed boundaries shall include those lands and waters which can reasonably be considered adversely affected by the proposed actions of the district. The proposed boundaries shall be delineated so as to provide appropriate public representation and the equitable distribution of benefits and levying of costs.
Subp. 4. Appropriateness of proposed purposes.
The proposed purposes shall be consistent with existing state, federal, regional, and local laws, policies, objectives, and plans pertaining to water and related land management, fish and wildlife habitat, surface and ground water quality, natural beauty and unique scientific values, economic and recreation values, and the quality of life. The proposed purposes shall be consistent with the public rights in the public waters of the state. When a district is proposed for the purpose of conducting a feasibility study of the sources of and solutions to lake problems, the proposal shall demonstrate an understanding that subsequent lake restoration measures may require modification of the district's boundaries and statement of purposes, pursuant to part 6115.0980, subpart 1, and Minnesota Statutes, section 103B.575.
Subp. 5. Technical feasibility of proposed plans and programs.
The proposal shall demonstrate the technical feasibility of the proposed plans and programs, or provide for the determination of technical feasibility.
Subp. 6. Adequacy of proposed means of financing.
The proposal shall demonstrate capability of raising sufficient funds to meet district purposes, to ensure continuity of district operations, and to meet the requirements of these parts.
Subp. 7. Adequacy of procedures for planning, decision-making, and public involvement.
The proposal shall assure consideration of the interests of concerned citizens both within and outside the boundaries of the proposed district. The proposal shall include the identification of varying and often conflicting interests regarding water and related land management in and around the proposed district, and procedures to assure the consideration of such diverse interests so that decisions are made in the best overall interests of fairness and public health, safety, and welfare.
Subp. 8. Public access.
The proposed plan shall provide for public access when adequate public access consistent with size of the lake, the extent of public interest in using the lake, and the combined uses of the lake is unavailable. Service charges may not be imposed on the use of a public access if other units of government cost share the acquisition, development, or maintenance of the public access.
Subp. 9. Adequacy of long-range monitoring of environmental effects of district programs.
The proposed plan shall demonstrate an understanding of potential environmental effects of the proposed district plans and programs, and provide for a long-range monitoring of such effects.
Subp. 10. Coordination with other special purpose districts.
The proposal shall demonstrate how the proposed district programs will be coordinated with existing special purpose districts formed for water and related land management. Examples of such units of government are watershed districts, sanitary districts, drainage and conservancy districts, lake conservation districts, and soil and water conservation districts. Lake improvement districts shall not be established where a special purpose unit of government for water and related land management exists which can implement the purposes of the proposed lake improvement district, unless written approval is acquired from such unit of government or from the commissioner. The proposal should demonstrate efforts in good faith to resolve at the local level any conflicts between an existing special purpose district and the proposed lake improvement district.
History
- Statutory Authority: MS s 103B.511; 378.41
Minn. R. 6115.0970 Creation of Lake Improvement District
Subpart 1. Petition or county board document.
A county board document proposing the creation of, or a petition to create, a lake improvement district shall contain the following elements:
A. A written statement of lake problems and objectives.
B. The proposed type or types of water and related land resource management programs to be undertaken by the proposed district. This shall include a detailed statement of intended studies, management programs, remedial actions, and construction projects.
C. A statement of the means by which the programs will be financed.
D. A map showing the boundaries of the proposed lake improvement district. The map shall show the number and location of permanent homes and seasonal dwellings in the district. The scale of the map, and basic geographical information, such as range, township, and section numbers, shall be clearly indicated on the map.
E. The number of directors proposed for the district.
F. Copies of local ordinances which regulate use of the lake or any public access.
G. Any information indicating the degree of local interest and commitment to future management.
H. The identification of any lands and waters which may be adversely affected by the implementation of district purposes, and a preliminary assessment of these adverse effects.
I. A statement outlining the adequacy and ownership of public accesses, including public lands and beaches.
J. An estimate of the total equalized valuation of the property within the district.
K. Any other information demonstrating accordance with the criteria and standards for establishment as contained in part 6115.0960.
Subp. 2. Submission of petition or resolution.
Initial submittal of petition or resolution to county board, the commissioner, and the agency for:
A. Creation by petition. No later than five days after the official filing of a petition for the establishment of a lake improvement district with the county board, the citizens or organization sponsoring the petition shall provide a certified copy of the petition to the commissioner and the agency. This is necessary in order to facilitate preliminary review of the proposed district boundaries prior to the notification of the public hearing.
B. Creation by resolution. At least 40 days prior to the public hearing, the county board shall provide a certified copy of the document containing the information required by this part to the commissioner and the agency. This is necessary to facilitate preliminary review of the proposed district boundaries prior to notification of the public hearing.
Subp. 3. Notification of public hearing.
At least 21 days prior to the public hearing, the county board shall give notice of the public hearing to the commissioner and the agency, and make a reasonable attempt to notify every resident and every resident owner within the proposed district of the pending resolution or petition and the public hearing. A reasonable attempt to notify shall consist of mailing notice to the last known address of each landowner within the proposed district, publication of notice in two successive issues of a newspaper widely circulated in the proposed district, and posting notice in public buildings and several leading commercial establishments in or near the proposed district, as appropriate and reasonable. All local and regional units of government, special purpose districts, and development commissions within and adjacent to the boundaries of the proposed district shall be given notice of the public hearing. All corporations and utilities owning real estate or corporate property within the proposed district shall be given notice of the public hearing.
As part of the notification procedure, a statement shall accompany the notice setting forth the following:
A. a description of the proposed purposes, programs, funding, and boundaries of the proposed district, and the name proposed for the district;
B. the time and place of the public hearing; and
C. the following paragraph shall be included: "The establishment of the proposed lake improvement district requires review by the commissioner of natural resources and the approval of the (as appropriate) county board(s) (and/or city governing body). Concerned citizens may submit evidence at a public hearing to be held prior to the passage of any resolution establishing the proposed lake improvement district. Concerned citizens may also submit evidence and opinions to the commissioner of natural resources. A copy of the petition (or document, as appropriate) for the establishment of the lake improvement district is available for public review at the (as appropriate) county courthouse (or other appropriate public building; give address and telephone number where interested citizens can review the document)." If the establishment of the lake improvement district is proposed by the county board pursuant to subpart 2, item B and Minnesota Statutes, section 103B.515, the following paragraph shall be included in the notice of the public hearing: "Citizens may call for a referendum on the question of whether or not to establish a lake improvement district by filing a petition requesting such a referendum. The petition shall be signed by 25 percent of the land owners within the territory of the proposed district, who are Minnesota residents. Upon receipt of such a petition prior to the effective date of creation of the district, the county board shall hold the creation in abeyance pending the referendum vote of all qualified voters residing within the boundaries of the proposed district."
Subp. 4. Public review of petition or resolution.
The county board shall make the petition or document containing the information required by this part available for review by concerned citizens, at the county courthouse or other appropriate public building.
Subp. 5. Review by commissioner and agency.
Upon receipt of a copy of the petition or document, the commissioner shall:
A. Review the petition or document and any evidence presented by the agency or concerned citizens pertaining to the establishment of the proposed district. This review shall include an evaluation of the statement of district purposes and its relation to existing laws, rules, and regulations, units of government, water and related land management programs and policies. The proposed district boundaries shall be examined to assess their consistency with these parts. When one or more of the stated purposes of the proposed district relate to pollution control, this review shall be conducted with the assistance of the agency.
B. Prepare an advisory report stating findings as to whether the proposed lake improvement district should be established. The commissioner shall set forth in the report any matters pertaining to the district which should be further investigated and evaluated. On determining that the establishment of the proposed district is not in the public interest, the commissioner shall so report the specific reasons and inadequacies. The commissioner may request additional time for review of the proposed district in such cases where additional time can be shown to be necessary for proper evaluation. The commissioner's report may contain reports by the agency.
Subp. 6. Request for continuance or postponement of hearing.
The county board may grant requests by citizens, the commissioner, or the agency for postponement or continuance of the public hearing to a time more than 30 days after receipt of the petition and verification of the signatures thereon. Such requests may be granted if the county board determines that the additional time requested is appropriate and reasonable in order for the requesting organization or citizens to adequately prepare for the public hearing, and consistent with the goals of promptness and fairness in the proceedings.
Subp. 7. Advisory report.
The commissioner's advisory report shall be publicly read into the record at the public hearing.
Subp. 8. Modification of findings.
The commissioner may modify findings based on evidence presented during and subsequent to the public hearing.
Subp. 9. Formal meeting to approve or disapprove district.
No sooner than ten days but within 30 days following the holding of the public hearing, the county board shall formally convene to approve or disapprove the establishment of the proposed lake improvement district. At least ten working days' notice shall be given to the commissioner of the time and place where the board will formally convene for this purpose. If the commissioner or the commissioner's representative does not appear, any modifications of the commissioner's advisory report shall be publicly read into the record.
History
- Statutory Authority: MS s 103B.511; 378.41
- History: 17 SR 1279
Minn. R. 6115.0980 Administration of Lake Improvement Districts
Subpart 1. Modification.
No program, remedial action, project, or change of district boundaries which is not specified in the resolution creating a lake improvement district may be undertaken, except by modifying the appropriate items listed in part 6115.0970, subpart 1, items A to E.
For an established district, any of the items listed in part 6115.0970, subpart 1, items A to E, may be modified by petition to or resolution by the county board, in the same manner that a district is created.
Subp. 2. Legal responsibilities and liabilities of lake improvement districts.
Nothing in these parts shall be construed to relieve a lake improvement district of the legal duties, obligations, or liabilities incident to the programs, plans, or actions of the district.
The lake improvement district shall assume all legal risks and liabilities, including those for damages or any injury to persons or property, arising from the construction, operation, maintenance, alteration, or abandonment of its programs, plans, or actions.
In the event of termination of the district, or failure of the district to meet its obligations, these responsibilities and liabilities shall fall upon the unit or units of government which established the lake improvement district.
Subp. 3. Limited state liabilities.
The establishment of a lake improvement district shall not impose any liability upon the state of Minnesota, its officers, employees, agents, or consultants, for any damage or injury to any persons or property resulting from the activities of the lake improvement district.
Subp. 4. Rights of lake improvement districts.
Nothing in these parts shall be construed to deprive any lake improvement district of such recourse to the courts as it may be entitled to under the laws of this state.
Subp. 5. Inspections.
The commissioner shall be given prompt access to and inspection of all records, structures, facilities, and operations at all reasonable times as may be necessary to monitor compliance with the terms of existing permit and to ensure protection of the public health, safety, and welfare. The commissioner's inspections shall not relieve the lake improvement district from the full responsibility of providing adequate inspection and supervision for all programs and projects undertaken by the district.
Subp. 6. Compliance with other laws and water management policies.
Lake improvement districts shall conform to federal, state, regional, and local laws, rules, and fish and wildlife, water, and related land management policies. Lake improvement districts shall obtain all necessary permits, as required by law, prior to implementing district purposes and programs.
Subp. 7. Compliance by preexisting lake improvement districts.
Within one year following promulgation of these parts, lake improvement districts in existence prior to the promulgation of these rules shall submit to their county board and to the commissioner a certified copy of a document containing the information required by part 6115.0970. This document shall also contain a report on the past and current activities and financial condition of the district.
The commissioner shall review the document and prepare an advisory report stating findings as to whether the district is consistent with these parts. The report may contain such recommendations as the commissioner determines is necessary to bring the district into compliance with these parts.
Within 60 days following the official filing of the commissioner's report with the county board, the board shall formally convene to consider the report. The county board shall give ten working days' notice to the commissioner of the time and place where it will convene to consider the commissioner's report. If the commissioner or the commissioner's representative does not appear, the report shall be publicly read into the record.
History
- Statutory Authority: MS s 378.41
- History: 17 SR 1279
Minn. R. 6115.1000 MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 6115.1010 MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 6115.1020 MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 6115.1030 MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 6115.1040 MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 6115.1050 MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 6115.1060 MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 6115.1070 MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 6115.1080 MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 6115.1090 MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 6115.1100 MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 6115.1150 [Repealed by amendment, L 1979 c 199]
[Repealed by amendment, L 1979 c 199]
Minn. R. 6115.1200 Statutory Authority and Purpose
These parts are promulgated under the authority of Minnesota Statutes, sections 103F.601, subdivisions 1 and 2, and 103G.315, subdivision 15. Their purpose is to implement and make specific the state water bank program and the indemnification process established by Minnesota Statutes, sections 103G.211 and 103G.221, for the purpose of compensating farmers for not converting certain kinds of wetlands to cropland.
History
- Statutory Authority: MS s 103F.601; 103G.315; 105.392; 105.415
Minn. R. 6115.1210 Definitions
Subpart 1. Adjacent land.
"Adjacent land" means any lands abutting a basin that is eligible for inclusion in the state water bank program.
Subp. 2. Commissioner.
"Commissioner" means the commissioner of the Department of Natural Resources or designated agents.
Subp. 3. Drain.
"Drain" means to conduct drainage activities that will remove or reduce the surface water from the basin. Acts constituting draining include, but are not limited to pumping, lowering the outlet, enlarging the outlet, tiling, or reducing the amount of water entering the basin. (Drainage does not include temporary water level reduction for conservation purposes.)
Subp. 4. Fair market value.
"Fair market value" is an estimate of a property's value based upon standard and accepted land appraisal methods. The appraisal for eligible wetlands will estimate the potential value of the area as agricultural cropland less the cost of drainage.
Subp. 5. Less than 50 acres in area.
"Less than 50 acres in area" means the area of a plane bounded by the ordinary high water mark which is a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the vegetation changes from predominantly aquatic to predominantly terrestrial.
Subp. 6. Professional soil classifier.
"Professional soil classifier" is a person who qualifies as a professional soil classifier on the basis of criteria specified by the Minnesota Association of Professional Soil Classifiers. The requirements are a bachelor of science degree in soil science or adequate credits (15 semester or 23 quarter hours) in soil science, and four years of field experience in mapping soils.
Subp. 7. Public waters.
"Public waters" for the purposes of these rules means waters of the state so designated in a county by the process described in Minnesota Statutes, section 103G.201, and those waters that have been determined to be public waters or navigable waters by the district court or if appealed, by the state or federal supreme court.
History
- Statutory Authority: MS s 103F.601; 103G.315; 105.392; 105.415
- History: 17 SR 1279
Minn. R. 6115.1220 Procedures
Subpart 1. Permit applications.
Application for a permit to drain basins that are potentially eligible for compensation from the department because of being declared public waters shall be made on such forms as the commissioner may provide and shall include all data specified by the form and any required application fees.
The applicant shall include the following information to enable the commissioner to determine the feasibility, practicality, and lawfulness of the proposed drainage:
A. a statement by the owner that there are no burdens on the property or agreements which drainage would violate;
B. a demonstration by the owner that the right to use the outlet can be obtained;
C. a description of the proposed drainage project;
D. a demonstration of the project costs, showing how the costs were estimated, together with an explanation of why the investment would be profitable; and
E. a statement by a professional soil classifier that the basin would be high quality cropland. The determination shall be based on the following criteria. The kinds of soils that will that will qualify as high quality cropland are based on the following method arranged from best to poorest. Growing degree days (GDD) will be used as a climatic parameter to use for accessing soil quality. The groups from best to poorest are: The following counties fall within the individual climate parameters: To arrive at a value, an index is determined by multiplying the soil property rating by the GDD rating. A value of four or less shall be considered high quality cropland. The determination of soil properties shall be done by a professional soil classifier with at least one observation of soil properties to depths of 50 inches for each ten acres of the wetland. Points of observations should be located systematically in the wetland, recorded on a map, and a log of soil made for each observation. The information shall be included with the permit application.
Subp. 2. Eligible water basins.
If the public water basin is eligible for compensation the commissioner shall mail to the applicant, within 60 days of receipt of an application for a permit to drain, the various choices of indemnification, to include:
A. An offer:
B. A statement:
C. An explanation of the balance of these procedures in order to establish the dollar amount of each offer as soon as the landowner specifies what adjacent land, if any, the landowner would like to have included.
Subp. 3. Ineligible areas.
If the area is ineligible for compensation the commissioner will so inform the applicant and advise the applicant that a Minnesota Statutes, section 103G.311 hearing on the issue of eligibility may be demanded.
Subp. 4. Right to drain basin.
If within 60 days of receipt of an application for a permit to drain, the commissioner does not mail the landowner a choice of indemnification, the landowner is entitled to drain the basin.
Subp. 5. Adjacent land.
Upon receipt of an offer of indemnification, the landowner shall inform the commissioner of the amount, if any, and location of adjacent land that the landowner would like to have included in the agreement, and what alternative, if any, methods of indemnification the landowner would like the commissioner to consider.
Subp. 6. Certification.
Within 60 days of receiving the above information the commissioner shall complete an appraisal of the property and submit it to the Department of Administration for certification. If it is not so submitted within the 60-day period, the landowner may drain the basin.
Subp. 7. Negotiations.
When an appraisal has been certified, the commissioner shall inform the landowner of the dollar amount of each offer, and begin negotiations. The outcome of the negotiations can be either:
A. the landowner accepts one of the offers made or agreed to by the commissioner;
B. the landowner places the basin in a federal water bank program;
C. the landowner signs a consent to condemnation pursuant to Minnesota Statutes, section 84.027, subdivision 9, specifying which of the methods of indemnification offered or agreed to by the commissioner that the landowner has selected; or
D. the landowner does none of the above, in which case the basin cannot be drained unless and until a new application for a permit to drain is submitted and the commissioner does not make an offer of indemnification.
Subp. 8.
[Repealed, L 2023 c 60 art 4 s 112]
Subp. 9. Recording and indexing documents.
Water bank, lease, and easements obtained on an area shall be recorded and indexed in the office of the county recorder in the county where the basin lies.
History
- Statutory Authority: MS s 103F.601; 103G.315; 105.392; 105.415
- History: L 1986 c 386 art 1 s 28; 17 SR 1279
Minn. R. 6115.1230 Effective Date
These parts apply to applications for permits to drain received after the water basin involved has been designated a public water pursuant to Minnesota Statutes, section 103G.201, or has been identified as public waters or navigable waters by a district court or if appealed, by the state or federal supreme court.
History
- Statutory Authority: MS s 103F.601; 103G.315; 105.392; 105.415
Minn. R. 6115.1240 Payment Rates
Subpart 1. Water bank program.
Annual payment rates for the state water bank program will be determined by multiplying the fair market value of the water basin and any adjacent lands by five percent.
Subp. 2. Water basin and adjacent lands.
Annual lease payments for the water basin and any adjacent lands will be based on a fair market rental rate.
Subp. 3. Easements.
Conservation restrictions in the form of easements will be established by an appraisal and their lengths will be subject to negotiation.
Subp. 4. Other method of indemnification.
The rate for any other method of indemnification that is agreed to will be negotiated with the landowner and judged on its merits based upon the proposed restrictions and their relationship to the other payment rates.
History
- Statutory Authority: MS s 103F.601; 103G.315; 105.392; 105.415
Minn. R. 6115.1250 Terms for Water Bank and Lease Agreements
Subpart 1. Agreement period and beginning date.
Agreement period and beginning date:
A. Eligible basins are placed in the state water bank program for a period of ten calendar years and under a lease agreement for, not to exceed, 20 calendar years.
B. The lease agreement is continuous and shall transfer with the property if ownership changes during the time of the lease agreement.
C. A water bank or lease agreement finalized during the current calendar year shall be effective January 1 of that year. Exception: in cases where compliance with the terms of agreement cannot be rendered during the current calendar year, the beginning date of the agreement shall be January 1 of the following year.
D. Water bank or lease payments for the first year of an agreement will be made as soon as possible after an agreement has been finalized. Payments for the duration of a water bank or lease agreement will be made on or about August 1 of each continuous year thereafter.
Subp. 2. Terms.
Terms:
A. Waterbasins. In return for receipt of an annual payment the landowner must agree not to adopt any practice which would tend to defeat the purposes of the agreement. At a minimum, the designated basin may not be:
B. Adjacent lands. On finding it desirable the commissioner may mutually agree with the landowner upon the amount and location of adjacent lands to include in the agreement. Up to one acre of adjacent land may be obtained for each acre of water basin. The commissioner may negotiate and outline a conservation plan for the water basin and adjacent lands. Upon signing the agreement, the landowner shall agree to effectuate the wetland conservation and development plan. Terms that may be included are:
Subp. 3. Signatures.
The agreement shall be on forms provided by the commissioner and shall be signed by the owner of the designated acreage, and the commissioner.
History
- Statutory Authority: MS s 103F.601; 103G.315; 105.392; 105.415
- History: 17 SR 1279
Minn. R. 6115.1260 Modifications of Water Bank and Lease Agreements
Subpart 1. In general.
The commissioner and the landowner may mutually agree to any modification of agreement terms that may be desirable to carry out the purposes of the program or facilitate its administration. Exception: no changes in payment rates for acreage under agreement is authorized during the term of the water bank or lease agreement.
Subp. 2. Change in ownership of lands underlying public waters.
All landowners shall notify the commissioner of the sale of property that is covered by the water bank or lease agreement. Upon transfer of an individual's right and interest in lands subject to a water bank agreement during the agreement period, the former landowner forfeits all rights to further payments under the agreement and refunds to the state all payments received thereunder during that year of the transfer. Forfeiture of payments is not required for those participating in a lease agreement nor if the transferee of any such land agrees with the commissioner to assume all obligations of the former owner.
The new landowner may choose not to participate in the water bank program; however, any water declared public shall not be drained. If an alternative form of indemnification is desired, or if the new owner wishes to have payment rates adjusted on the existing water bank agreement, a permit application will have to be submitted to the commissioner to initiate the procedures in these parts. The requirement for soils information and borings shall be waived on those basins that have been determined eligible for the water bank program by previous permit applications.
When two or more farms are combined that share mutual public waters the landowner who is adding property shall have the option of adding the new property to the original agreement, continuing the former owners' agreement, or decide not to participate in the program and not be able to drain the basin.
When a transfer of ownership occurs on or before August 1 of the current calendar year and the new owner agrees to continue the former owner's obligation, payments due will be made to the new owner.
Subp. 3. Registration of modification.
All modifications will be completed on amendment forms provided by the commissioner. Modifications will be noted on the original agreement and the original amendment forms will be retained by the commissioner.
History
- Statutory Authority: MS s 103F.601; 103G.315; 105.392; 105.415
- History: 17 SR 1279
Minn. R. 6115.1270 Agreement Terminations
Subpart 1. Forfeit of rights to further payments.
Upon termination of an agreement the landowner shall forfeit all rights to further payments.
Subp. 2. Termination by mutual consent.
The commissioner may terminate any agreement with mutual consent of the landowner if the commissioner determines that termination would be in the public interest. If such be the case, no refund of payments made under the agreement is required.
Subp. 3. Refund of payments.
The landowner must refund to the state all payments, partial or in full, received under the agreement upon any violation of the agreement terms during the time that the landowner has control of the property.
A. Subject to the commissioner's determination that the violation is material and of the nature that warrants termination of the agreement the landowner shall:
B. Subject to determining that the violation does not warrant termination of the agreement, the commissioner may require partial refunds or make payment adjustments as the commissioner deems appropriate.
Subp. 4. Termination action.
The commissioner shall notify each party to the agreement of the termination:
A. the reason for termination;
B. the amount of payment refund due;
C. that the landowner is no longer required to comply with the agreement terms and that the public waters cannot be drained; and
D. that the landowner may challenge the termination by demanding a hearing under Minnesota Statutes, section 103G.311.
History
- Statutory Authority: MS s 103F.601; 103G.315; 105.392; 105.415
- History: 17 SR 1279
Minn. R. 6115.1280 Extension of Water Bank or Lease Agreement
At the end of an agreement period the commissioner shall offer the landowner the landowner's choice of the five indemnification offers without requiring a new application for a permit to drain. The landowner has 60 days to notify the commissioner, in writing, if the landowner will be:
A. continuing the former agreement terms, subject to any rate redetermination; or
B. dissolving the former agreement; and
C. changing to another form of indemnification; or
D. deciding not to participate in the program with the knowledge that the basin cannot be drained. If the landowner chooses to select another indemnification method, the choice must be specified in the landowner's notice to the commissioner. If the notification of the landowner's intent to continue in the program is not given, the landowner will be required to submit an application for a permit to drain the basin to establish future eligibility to the water bank program. Upon receipt of the landowner's choice, the commissioner shall conduct an appraisal to establish the fair market value of the property. Once completed, the agreement may be finalized.
History
- Statutory Authority: MS s 103F.601; 103G.315; 105.392; 105.415
- History: 17 SR 1279
Minn. R. 6115.1300 Purpose
The purpose of these parts is to provide for the orderly and consistent review of permit applications to construct, relocate, rebuild, or alter agricultural dikes along the Red River of the North and Bois de Sioux Rivers in order to assure that the granting of such permits would be in the best interests of the people of Minnesota and North Dakota. These parts are mutually applicable in both states. The authority to establish these joint criteria is granted to the commissioner of Natural Resources in Minnesota Statutes, sections 103G.105, 103G.245, and 471.59 and to the North Dakota State Water Commission by Sections 61-02-24 and 61-16-15 of the North Dakota Century Code. The two states recognize that establishment of these parts governing the issuance, review, and denial of permits to construct, relocate, rebuild, or alter agricultural dikes along the boundary rivers is but the first step in the exercise of joint control over those activities which could contribute to an increased flood potential of these rivers. The two states further recognize the need to exercise this joint control in that water management decisions which appear logical in a local or statewide context may have negative interstate and international impacts.
These parts are being established at this time because there is a current need to provide a basis for the review of existing, unauthorized agricultural dikes and permit applications for the construction of additional agricultural dikes along the boundary waters. Local land owners view such dikes as interim solutions to local flood problems.
History
- Statutory Authority: MS s 103G.105; 103G.315; 105.415; 105.49; 471.59
Minn. R. 6115.1310 Scope
These parts governing the review, issuance, and denial of permits to construct, relocate, rebuild, or alter agricultural dikes along the boundary rivers pertain to all such dikes located within the floodplains of the Red River of the North and the Bois de Sioux Rivers. Floodplain areas of the Red River of the North are defined by Appendix O, Volume 8, of the Souris-Red-Rainy Basins Comprehensive Study as Red River of the North Main Stem Regional Floodplain Area, and the floodplain of the Bois de Sioux River is defined by the U.S. Geological Survey one percent chance of recurrence area flood quadrangles. These rules apply to dikes constructed on tributaries within the floodplains of these boundary rivers. These parts shall be superseded by local authority adoption of commissioner approved floodplain ordinances which include agricultural diking provisions as conditional uses.
History
- Statutory Authority: MS s 103G.105; 103G.315; 105.415; 105.49; 471.59
Minn. R. 6115.1320 Definitions
Subpart 1. Scope.
For the purposes of these parts certain terms or words used herein shall be interpreted as follows.
Subp. 2. Boundary rivers.
"Boundary rivers" means the Red River of the North and the Bois de Sioux River as they form a natural boundary between the states of Minnesota and North Dakota.
Subp. 3. Dike.
"Dike" means an embankment constructed of earth and/or other suitable materials to protect agricultural lands.
Subp. 4. Farmstead.
"Farmstead" means a farm dwelling and/or associated farm buildings.
Subp. 5. Flood frequency.
"Flood frequency" means the average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equalled or exceeded. This frequency is usually expressed as having a probability of occurring, on the average, once within a specified number of years.
Subp. 6. Flood waters.
"Flood waters" means those waters which temporarily inundate normally dry areas adjoining a watercourse. This inundation results from an overflow of the watercourse caused by excessive amounts of rainfall and/or snowmelt which exceed its capacity.
Subp. 7. Public waters.
"Public waters" means all natural and altered natural watercourses with a total drainage area greater than two square miles, except that trout streams officially designated by the commissioner shall be public regardless of the size of their drainage area.
Subp. 8. Watercourse.
"Watercourse" means a channel in which a flow of water occurs either continuously or intermittently in a definite direction. The term applies to either natural or artificially constructed channels.
History
- Statutory Authority: MS s 103G.105; 103G.315; 105.415; 105.49; 471.59
Minn. R. 6115.1330 Severability
The provisions of these rules shall be severable, and the invalidity of any paragraph, subparagraph, or subdivision thereof shall not make void any other paragraph, subparagraph, subdivision, or any other part.
History
- Statutory Authority: MS s 103G.105; 103G.315; 105.415; 105.49; 471.59
Minn. R. 6115.1340 Design Criteria
Subpart 1. Dike setbacks and elevation.
Dikes are to be constructed at a location and elevation so as not to cause an increase in elevation of the 100-year frequency flood of more than one-half foot at any point along the river. Calculation of the effects of the dikes shall be based on an assumed equal degree of encroachment along the opposite side of the river. If mutual agreement has been reached between persons on both sides of the river, dikes on one side may utilize up to the entire increase in flood elevation allowable. In all instances the applicants maintain the liability for damages resulting from any and all activities.
Subp. 2. Dike dimensions.
Dike top width shall not be less than six feet. Side slopes shall not be steeper than 3:1, except where slope stability analysis and slope erosion control can justify steeper slopes. No organic soil or material shall be allowed in the foundation of the fill of dikes.
Subp. 3. Vegetative cover and riprap.
A protective cover of grasses shall be established on all exposed surfaces of the dike. Riprap shall be used where required for control of erosion.
Subp. 4. Interior drainage.
Dikes shall have provisions for interior drainage. The design shall include plans to handle the discharge from the drainage area based on drainage design requirements for the local area.
History
- Statutory Authority: MS s 103G.105; 103G.315; 105.415; 105.49; 471.59
Minn. R. 6115.1350 Hydrologic Data for Design
The North Dakota State Water Commission and the Minnesota Department of Natural Resources shall provide the discharges and corresponding elevations of the various frequency floods (and other available flood data), in relation to known historic floods, for use in dike design.
History
- Statutory Authority: MS s 103G.105; 103G.315; 105.415; 105.49; 471.59
Minn. R. 6115.1360 Dikes Across Natural Waterways and Legal Drains
Dikes shall not be constructed across public waters or watercourses without permit from the commissioner of natural resources, under Minnesota Statutes, section 103G.245. Dikes constructed across legal drains or public ditch systems shall require the approval of the appropriate local authority (watershed district, county, city, etc.).
History
- Statutory Authority: MS s 103G.105; 103G.315; 105.415; 105.49; 471.59
Minn. R. 6115.1370 Farmstead Diking
Within an existing dike system, ring dikes around individual farmsteads shall not require dike permits if they are not provided with tiebacks to existing roadways or dikes. Ring dikes provided with tiebacks shall be considered part of the overall dike system and will be required to secure diking permits. Outside the dike system there shall be no limitations on tiebacks of dikes around farmsteads. However, appropriate authorization must be obtained from the local land use authority consistent with adopted codes or ordinances.
History
- Statutory Authority: MS s 103G.105; 103G.315; 105.415; 105.49; 471.59
Minn. R. 6115.1380 Permit Application
Subpart 1. Forms; plans and specifications.
All applications submitted by the owner to construct, to relocate, rebuild, or alter dikes shall be made on forms provided by the commissioner and shall be accompanied by two complete sets of plans and specifications. Such plans and specifications shall include the following:
A. a general location map with a minimum scale of 1" = 800' showing the following: location of the dike with respect to the watercourse; location of field inlets to provide for internal drainage; and location of legal drains and natural channels tributary to the main river channel;
B. detailed cross-sections of the dike showing elevation, in relation to mean sea level, and side slopes; and
C. other data as deemed appropriate by the commissioner to properly evaluate the application for permit.
Subp. 2. Cross-sections.
After review of the information required above and other available data, the state agency to which the application is made shall determine the location and number of required cross-sections of the river channel and overland areas. These locations shall be provided to the applicant who shall then provide the required cross-section data. The applicant shall undertake and agree to pay the expenses incurred in securing these cross-sections.
Subp. 3. Joint permit applications.
Joint permit applications involving two or more landowners or a permit application on behalf of two or more landowners will be accepted by the state agencies. These permit applications, taken together, must meet the above rules.
Subp. 4. Joint administration.
A copy of each application for a permit shall be forwarded by the state agency receiving the initial application to the other state for comment and recommendation before final approval is granted. If no response is received within 30 days, the commissioner shall process the permit without such comments or recommendations.
Subp. 5. Permit revocation.
The applicant shall provide for certification by a licensed land surveyor, engineer, or other qualified person or agency that the finished dike elevations are not higher than those approved by the commissioner. The permit will be revoked for failure to provide this certification. The permit may be revoked for failure to construct the dike in accordance with the plans and specifications submitted. Structural alteration of the dike without permission of the appropriate state agency will also result in having the permit revoked.
Subp. 6. Reconstruction; maintenance.
Reconstruction of any authorized dike may be performed after notification to the commissioner of the repair needed. Permittee shall again certify the repair concurrent with this section. The maintenance of dikes must include periodic removal of woody vegetation (for example, trees and shrubs) which may become established on the embankment.
Subp. 7. General administration.
All applicants for permit to construct dikes shall be subject to the provisions of parts 6115.0240 to 6115.0260.
History
- Statutory Authority: MS s 103G.105; 103G.315; 105.415; 105.49; 471.59
- History: L 1998 c 324 s 9
Minn. R. 6115.1390 Exception to Criteria
Under special circumstances, exceptions to the dike rules may be authorized on an individual basis but they must have the concurrent approval of the North Dakota state engineer, local water management board in North Dakota, Minnesota Department of Natural Resources, and local watershed district in Minnesota. Factors that will be considered include but shall not be limited to dike setback line, location of farmsteads, property lines, existing roads, stream velocity, environmental effects, and acquisition of flowage rights. Request for exceptions must be accompanied by a plan satisfactory to all agencies.
History
- Statutory Authority: MS s 103G.105; 103G.315; 105.415; 105.49; 471.59
Minn. R. 6115.1400 Application of Rules to Existing Dikes
These parts shall apply to all unauthorized dikes constructed in the past for the protection of those agricultural lands located within the floodplains of the Red River of the North and the Bois de Sioux, as defined in part 6115.1310. Exceptions are farmstead dikes if they meet the provisions of part 6115.1370.
The commissioner shall have the authority to order removal, modification, or reconstruction of dikes not conforming to these parts.
History
- Statutory Authority: MS s 103G.105; 103G.315; 105.415; 105.49; 471.59
Minn. R. 6115.1500 Purpose
The purpose of parts 6115.1500 to 6115.1550 is to establish criteria and procedures for determining drainage benefits to state-owned lands in consolidated conservation (con-con) areas administered under Minnesota Statutes, chapter 84A. Con-con areas are found in parts of Aitkin, Beltrami, Koochiching, Lake of the Woods, Mahnomen, Marshall, and Roseau Counties.
History
- Statutory Authority: MS s 84A.55
- History: 32 SR 1697
Minn. R. 6115.1510 Definitions
Subpart 1. Scope.
The terms used in parts 6115.1500 to 6115.1550 have the meanings given in this part.
Subp. 2. Commissioner.
"Commissioner" means the commissioner of natural resources or the commissioner's designated representative.
Subp. 3. Department.
"Department" means the Department of Natural Resources.
Subp. 4. Drainage.
"Drainage" means any method for removing or diverting waters from wetlands. The methods include, but are not limited to, excavating an open ditch, installing subsurface drainage tile, filling, diking, or pumping.
Subp. 5. Drainage authority.
"Drainage authority" has the meaning given under Minnesota Statutes, section 103E.005, subdivision 9.
Subp. 6. Drainage project.
"Drainage project" means a new drainage system, an improvement of a drainage system, an improvement of an outlet, a lateral, a repair, or a redetermination of benefits involving state-owned lands in consolidated conservation areas administered under Minnesota Statutes, chapter 84A, where:
A. the drainage authority will make assessments to state-owned lands; or
B. the commissioner will be asked or must consider whether to participate in the project through assessments or a lump sum, by joining the petition, by consent, or by approval.
Subp. 7. Drainage system.
"Drainage system" has the meaning given under Minnesota Statutes, section 103E.005, subdivision 12.
Subp. 8. Improvement.
"Improvement" means the tiling, enlarging, extending, straightening, or deepening of an established and constructed drainage system, including construction of ditches to reline or replace tile and construction of tile to replace a ditch.
Subp. 9. Lateral.
"Lateral" has the meaning given under Minnesota Statutes, section 103E.005, subdivision 15.
Subp. 10. Public waters.
"Public waters" has the meaning given in Minnesota Statutes, section 103G.005, subdivision 15.
Subp. 11. Public waters wetlands.
"Public waters wetlands" has the meaning given in Minnesota Statutes, section 103G.005, subdivision 15a.
Subp. 12. Repair.
"Repair" means to restore all or a part of a drainage system as nearly as practicable to the same condition as originally constructed and subsequently improved, including resloping of ditches and leveling waste banks if necessary to prevent further deterioration, realignment to original construction if necessary to restore the effectiveness of the drainage system, and routine operations that may be required to remove obstructions and maintain the efficiency of the drainage system. "Repair" also includes:
A. incidental straightening of a tile system resulting from the tile-laying technology used to replace tiles; and
B. replacement of tiles with the next larger size that is readily available, if the original size is not readily available.
History
- Statutory Authority: MS s 84A.55
- History: 32 SR 1697
Minn. R. 6115.1520 Drainage Projects
Subpart 1. Notification and documentation.
For the commissioner to consider participating in a drainage project that would have assessments within a consolidated conservation area, the drainage authority must follow the procedures described in this subpart. The drainage authority must notify the commissioner, in writing and as soon as practicable, with specifics about the proposed project. The specifics must describe the purpose of the project and what kind of project it is. The drainage authority must show the extent of the project on a map. The drainage authority must provide the commissioner with copies of all written documents, including any petition and engineer's report that have been filed or used in connection with the drainage project proceedings, as they are available.
Subp. 2. Investigation.
After receiving notification and all documentation required under subpart 1, the commissioner must complete an investigation to determine whether the proposed drainage project benefits state-owned lands for the purposes for which they were established. In the investigation, the commissioner must:
A. determine, which, if any, state-owned lands are positively impacted by the proposed drainage project according to subpart 3; and
B. determine which, if any, state-owned lands are negatively impacted by the proposed drainage project according to subpart 4.
Subp. 3. Positive impacts.
Positive impacts to state-owned lands occur when a proposed drainage project allows the department or department's lessee to continue to use or enhances its ability to use drainage to achieve management purposes as provided in Minnesota Statutes, section 84A.55. The following criteria are evidence that the department uses drainage to achieve a management purpose:
A. the department utilizes a drainage system to outlet water into a public ditch from agricultural cropland it manages;
B. the department leases the land for commercial purposes such as agriculture, agro-forestry, aquaculture, wild rice paddies, peat mining, or mineral extraction, and the lessee utilizes a drainage system to outlet water into a public ditch from the leased lands;
C. the department petitions for a drainage project;
D. the department outlets water from state-owned lands into a public ditch from an impoundment that is designed and used exclusively for wildlife management purposes;
E. timber production is improved by the project; or
F. wildlife habitat is improved by the project.
Subp. 4. Negative impacts.
Negative impacts to state-owned lands occur when a drainage project adversely affects the management of the land for its intended purposes. The following criteria are evidence that a drainage project negatively impacts state-owned lands. The drainage project:
A. degrades public waters, public waters wetlands, or wetlands on state-owned lands;
B. causes direct physical disturbance to rare species or significant natural communities through project activities such as, but not limited to, ditching and depositing soils;
C. causes an alteration of the hydrology that disturbs rare species, natural communities, or peatland features;
D. causes an alteration of the hydrology that degrades designated peatland scientific and natural areas;
E. restricts management options for state-owned lands; or
F. results in the reduction or elimination of access to state-owned lands.
History
- Statutory Authority: MS s 84A.55
- History: 32 SR 1697
Minn. R. 6115.1530 Determining Benefit and Participation
Subpart 1. Commissioner's determination.
Following the investigation under part 6115.1520, for all drainage projects except those classified as repairs, the commissioner must determine whether the drainage project benefits state-owned lands and whether to participate in the project. In making the determination, the commissioner shall evaluate state-owned lands, on a parcel-by-parcel basis, with each parcel consisting of no more than 40 acres. A drainage project benefits a parcel of state-owned land only when the investigation shows that the positive impacts outweigh the negative impacts to that parcel of state-owned land. Where the commissioner determines that the project results in a net benefit to state-owned lands, the commissioner shall participate in the project. Having determined to participate, the commissioner shall authorize the imposition of assessments for the project on the lands in any amounts the commissioner determines or may make lump sum contributions to the county or other public funds established for the payment of the cost of the project. The commissioner may also set conditions to modify the project before approving or joining a petition. Before cooperating in a project by joining in the petition or consenting to or approving it, the commissioner may identify conditions that must be satisfied or modifications that must be made in the proposed project if such conditions or modifications are necessary to ensure that the project will benefit state-owned lands in con-con areas.
Subp. 1a. Commissioner's determination for repairs.
Following the investigation under part 6115.1520, for drainage projects considered repairs, the commissioner must determine whether the repair project benefits state-owned lands and whether to participate in the project. In making the determination, the commissioner, following consultation with drainage authorities, shall develop a table that identifies the benefits for each 40-acre parcel. A repair project benefits a parcel of state-owned land only when the investigation shows that the positive impacts outweigh the negative impacts to that parcel of state-owned land. Where the commissioner determines the project results in a net benefit to state-owned lands, the commissioner shall participate in the project. Having determined to participate, the commissioner shall authorize the imposition of assessments for the projects on the lands in any amounts the commissioner determines or may make lump sum contributions to the county or other public funds established for the payment of the cost of the project. The commissioner may also set conditions to modify the project before approving or joining the petition. Before cooperating in a project by joining in the petition or consenting to or approving it, the commissioner may identify conditions that must be satisfied or modifications that must be made in the proposed project if such conditions or modifications are necessary to ensure that the project will benefit state-owned lands in con-con areas.
Subp. 2. Routine repair exception.
If a drainage authority's notification and documentation made under part 6115.1520, subpart 1, shows that the total cost of a proposed drainage repair under Minnesota Statutes, section 103E.705, is less than $20,000 and the commissioner has previously determined the benefits to the state-owned lands within that drainage system, the commissioner may, without investigation, authorize the imposition of assessments for the proposed repair proportionate to the overall benefits to the state-owned lands as previously determined by the commissioner. If the commissioner authorizes assessments under this subpart, the commissioner need not issue the findings and report required under part 6115.1540. Where the commissioner does not authorize an assessment for a repair under this subpart, the commissioner shall issue the findings and report as set forth in part 6115.1540.
History
- Statutory Authority: MS s 84A.55
- History: 32 SR 1697
Minn. R. 6115.1540 Findings and Report
Upon completion of the table described in part 6115.1530, subpart 1a, for repairs and following the investigation under part 6115.1520, the commissioner must provide the drainage authority with findings within 60 days after the commissioner has received all notifications and documentation required under part 6115.1520, subpart 1. For repairs over $20,000, and upon completion of the table described in part 6115.1530, subpart 1a, the commissioner must provide the drainage authority with findings within 60 days. The findings must convey the results of the investigation, state whether the commissioner will participate in the project, and state the reasons for the commissioner's decisions. The findings must identify which state-owned lands are benefited and which are not and set forth any conditions the commissioner attaches to the project and the amount of the contribution if the commissioner will participate.
History
- Statutory Authority: MS s 84A.55
- History: 32 SR 1697
Minn. R. 6115.1550 Appeal
The findings and report of the commissioner under part 6115.1540 may be reviewed by a declaratory judgment action in the district court of the county wherein the proposed project, or any part thereof, would be undertaken. Judicial review under this part must be initiated within 60 days after receipt of the findings by the drainage authority.
History
- Statutory Authority: MS s 84A.55
- History: 32 SR 1697
Chapter 6116 WATER AERATION SYSTEMS
Minn. R. 6116.0010 Definitions
Subpart 1. Scope.
For purposes of this chapter, the following terms have the meanings given them.
Subp. 2. Aeration system.
"Aeration system" means a bubbler, water circulation, or similar system used to increase dissolved oxygen or maintain open water. The purpose of the system includes, but is not limited to:
A. preventing fish winterkill;
B. keeping areas free of ice to aid navigation, keeping mooring facilities open, or protecting structures in the water from ice damage;
C. maintaining open water for captive waterfowl;
D. rehabilitating lake water quality by methods such as destratification and hypolimnetic aeration; and
E. protecting shoreline from damage due to ice expansion.
Subp. 3. Commissioner.
"Commissioner" means the commissioner of the Department of Natural Resources, or a duly authorized representative.
Subp. 4. Management plan.
"Management plan" means a plan approved by the commissioner that specifies actions related to water aeration systems.
Subp. 5. Protected waters.
"Protected waters" means those waters of the state identified as public waters or wetlands under Minnesota Statutes, section 103G.005, subdivision 15, or 103G.201.
Subp. 6. Public access.
"Public access" means any designated public access or any public riparian lands where public access to the protected water is not prohibited.
Subp. 7. Structure.
"Structure" means any building, footing, foundation, slab, roof, boathouse, deck, wall, or any other object extending over, anchored, or permanently attached to the bed or bank of a protected water.
History
- Statutory Authority: MS s 103G.611; 378.22
- History: 13 SR 1235
Minn. R. 6116.0020 Permit
Subpart 1. Required.
All aeration systems installed and operated in protected waters require a permit issued by the commissioner of the Department of Natural Resources, unless the system is used exclusively for and is no larger than the minimum size adequate to keep dams, structures, or mooring areas free of ice. No permit issued pursuant to this part shall be construed to satisfy the need for permits required by other governmental entities.
Subp. 2. Issuance prohibited.
No aeration permit shall be issued:
A. for the purpose of attracting or delaying the migration of wild waterfowl, except for waterfowl management practices approved by the United States Fish and Wildlife Service or the Minnesota Department of Natural Resources, Division of Fish and Wildlife;
B. for protected waters designated for wildlife management under Minnesota Statutes, section 97A.101, subdivision 2, unless the aeration system is included as part of the management plan;
C. for protected waters proposed by the commissioner for designation for wildlife management purposes under Minnesota Statutes, section 97A.101, subdivision 2, until the designation process is terminated or completed;
D. for protected waters designated as scientific and natural areas under Minnesota Statutes, section 84.033; or
E. for protected waters without a management plan, unless:
Subp. 3. Winter operation.
An aeration permit shall not be issued for winter operation of a system where the diffusers are placed in a configuration where more than one open water area is created during ordinary winter weather unless:
A. there is no public access; and
B. the permittee owns all land riparian to the protected water, or all of the possessory rights to the land riparian to the protected water, or has leased all access rights to the protected water; or
C. the commissioner has first determined that such a system will provide substantial benefit to the lake resource.
History
- Statutory Authority: MS s 378.22
- History: 13 SR 1235
Minn. R. 6116.0030 Application for Permit
Subpart 1. Term.
No permit shall be issued for a period of more than one year.
Subp. 2. Criteria for granting a permit.
The commissioner shall grant a permit for an aeration system when the commissioner concludes that:
A. operation of a system will result in substantial benefit to the lake resource; and
B. the objectives of the system are compatible with natural resources management and public safety goals for the body of water.
Subp. 3. Form contents.
Applications for permits shall be submitted on forms provided by the commissioner and shall include:
A. the reason the system is needed;
B. a description of the system, including but not limited to location, size, and number of devices to be used;
C. a sketch of the proposed system, indicating the compass direction "north," location on the lake, roads in the vicinity, pertinent fire numbers, noteworthy landmarks, and enough detail so the system can be located for inspection, and emergency access, shall accompany all new applications;
D. the proposed operating schedule; and
E. further information the commissioner needs in order to assess the need for and effectiveness of the proposed aeration system.
Subp. 4. Private hatchery or fish farm license holders.
Beginning March 1, 1989, a private fish farm or hatchery license may contain authorization for the operation of aeration systems on protected waters without public access if the licensee owns all riparian land or all of the possessory rights to the riparian lands. A private hatchery or fish farm license application requesting authorization for aeration system operation shall be subject to the same review as the aeration permit application. The license application shall include:
A. the legal description and Division of Waters inventory number of each water body;
B. location of the aeration system in each water body;
C. enough detail so the systems can be located for inspection and emergency access; and
D. a signed statement attesting that the requirements of this subpart are met.
Subp. 5. Public input.
Upon receipt of a new application for installation and operation of an aeration system on protected waters with public access the commissioner shall issue public notice and may conduct a public meeting to assist in deciding whether to issue, deny, or modify a permit. Reissuance of permits for existing permitted aeration systems does not require a public meeting, however, upon request of 25 or more residents of the state a public meeting will be held.
Subp. 6. Applicants.
The applicant shall be a governmental entity such as a county, city, town, watershed district, or lake improvement district; or a private person, group, or entity.
Subp. 7. Financial responsibility.
All permittees, except those permittees operating an aeration system in protected waters without public access, where the permittee owns all land riparian to the protected water, or all of the possessory rights to the land riparian to the protected water, or has leased all access rights to the protected water, and state agencies subject to the State Tort Claims Act or municipalities subject to the Muncipal Tort Claims Act, must provide proof that the permittee is financially able to meet any liability that should arise from the presence or operation of the system. This shall be done by:
A. posting a bond for $500,000; or
B. providing a certificate of insurance for the current period of operation. An insurance policy of $500,000 (minimum) combined single limit general liability coverage must be in effect while the system is in operation during all times any portion of the lake is ice-covered. An insurance binder is adequate until a certificate is issued, at which time the certificate must be delivered to the appropriate regional fisheries manager.
History
- Statutory Authority: MS s 378.22
- History: 13 SR 1235
Minn. R. 6116.0040 Permit Conditions
Subpart 1. Objective.
The commissioner may include conditions the commissioner considers reasonable and necessary for the design, installation, and operation of the system, and provisions for monitoring the system and its effects by the permittee or the commissioner.
Subp. 2. Workshops.
Permittees shall attend workshops to be held at designated locations throughout the state as determined by the commissioner. New permittees shall attend a workshop before initial start-up of systems.
Subp. 3. Inspections.
The permittee shall allow the inspection of the aeration system by the commissioner or a designee at all reasonable times. Each aeration system shall be inspected by the permittee often enough to ensure that the requirements of this part and conditions of the permit are met at all times. All deficiencies shall be promptly corrected. The permittee must inspect the aeration system not less than once every seven days.
Subp. 4. Aeration periods.
The start-up and stopping dates for aerating during periods of ice cover shall be determined by the regional fisheries manager and shall be specified in the permit. No aeration system will be operated during the period of ice formation until sufficient ice has formed so that marking requirements can be safely met, unless the permittee has posted the approximate area of the open water before ice formation by using signs placed on buoys or posts driven into the lake bottom or by other methods approved by the commissioner.
Subp. 5. Hold harmless.
Permittee agrees to assume the entire responsibility and liability for all damages or injury to all persons and to all property arising out of, resulting from, or in any manner connected with the design, construction, installation, operation, maintenance, supervision, or inspection of the permitted aeration system. Permittee agrees to indemnify, defend, and hold harmless the state of Minnesota, its agents and employees, from all claims, damages, or injury except those arising from the state's own negligence to the extent authorized by Minnesota Statutes, section 3.736, the Minnesota Tort Claims Act. This indemnity agreement includes, but is not limited to, claims that the permittee was negligent or otherwise liable for allowing, designing, constructing, installing, operating, inspecting, maintaining, supervising, or approving the permitted aeration system, or failing to do so.
Subp. 6. Revocations.
The commissioner may revoke a permit without prior notice whenever, in the commissioner's opinion, revocation is necessary to protect human life or natural resources.
History
- Statutory Authority: MS s 378.22
- History: 13 SR 1235
Minn. R. 6116.0050 Marking Requirements and Publication of Notice of Operation
Permittees shall post signs and publish notice of operation as required by Minnesota Statutes, section 103G.611.
History
- Statutory Authority: MS s 103G.611; 378.22
- History: 13 SR 1235
Minn. R. 6116.0060 Waiver
The commissioner may waive any provision of parts 6116.0010 to 6116.0040, when there is:
A. an emergency involving either:
B. acceptable alternative means of meeting the provisions of parts 6116.0020 to 6116.0040 have been provided by the applicant.
History
- Statutory Authority: MS s 378.22
- History: 13 SR 1235
Minn. R. 6116.0070 Appeal
The terms, conditions, denial, or revocation of any permit issued pursuant to parts 6116.0010 to 6116.0060 may, within 30 days of receipt of written notice, be appealed to the commissioner by filing a written request for review. If written request is not submitted within 30 days, the permit decision becomes final.
History
- Statutory Authority: MS s 378.22
- History: 13 SR 1235
Chapter 6120 SHORELAND AND FLOODPLAIN MANAGEMENT
Minn. R. 6120.0100 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.0200 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.0300 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.0400 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.0500 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.0600 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.0700 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.0800 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.0900 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.1000 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.1100 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.1200 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.1300 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.1400 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.1500 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.1600 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.1700 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.1800 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.1900 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.2000 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.2100 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.2500 Definitions
Subpart 1. Scope of terms; mandatory; distances.
For the purpose of parts 6120.2500 to 6120.3900, certain terms or words used shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally.
Subp. 1a. Accessory structure or facility.
"Accessory structure" or "facility" means any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.
Subp. 1b. Bluff.
"Bluff" means a topographic feature such as a hill, cliff, or embankment having all of the following characteristics:
A. part or all of the feature is located in a shoreland area;
B. the slope rises at least 25 feet above the ordinary high water level of the waterbody;
C. the grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and
D. the slope must drain toward the waterbody. An area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff.
Subp. 1c. Bluff impact zone.
"Bluff impact zone" means a bluff and land located within 20 feet from the top of a bluff.
Subp. 2. Boathouse.
"Boathouse" means a structure designed and used solely for the storage of boats or boating equipment.
Subp. 3. Building line.
"Building line" means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
Subp. 3a. Commercial planned unit developments.
"Commercial planned unit developments" are typically uses that provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are commercial planned unit developments.
Subp. 3b. Commercial use.
"Commercial use" means the principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.
Subp. 3c. Commissioner.
"Commissioner" means the commissioner of the Department of Natural Resources.
Subp. 4.
[Repealed, 13 SR 3029]
Subp. 5. Conditional use.
"Conditional use" means a use as this term is defined in Minnesota Statutes, chapter 394.
Subp. 6.
[Repealed, 13 SR 3029]
Subp. 6a. Deck.
"Deck" means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground.
Subp. 6b. Duplex, triplex, and quad.
"Duplex," "triplex," and "quad" means a dwelling structure on a single lot, having two, three, and four units respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.
Subp. 6c. Dwelling site.
"Dwelling site" means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.
Subp. 6d. Dwelling unit.
"Dwelling unit" means any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins.
Subp. 6e. Extractive use.
"Extractive use" means the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51.
Subp. 6f. Forest land conversion.
"Forest land conversion" means the clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.
Subp. 6g. Guest cottage.
"Guest cottage" means a structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.
Subp. 7. Hardship.
"Hardship" means the same as that term is defined in Minnesota Statutes, chapter 394.
Subp. 7a. Height of building.
"Height of building" means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof.
Subp. 7b. Industrial use.
"Industrial use" means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.
Subp. 7c. Intensive vegetation clearing.
"Intensive vegetation clearing" means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
Subp. 8. Lot.
"Lot" means a parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation.
Subp. 9. Lot width.
"Lot width" means the shortest distance between lot lines measured at the midpoint of the building line.
Subp. 10. Nonconformity.
"Nonconformity" means the same as that term is defined or described in Minnesota Statutes, chapter 394.
Subp. 11. Ordinary high water level.
"Ordinary high water level" means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.
Subp. 12. Planned unit development.
"Planned unit development" means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.
Subp. 13. Public waters.
"Public waters" means any waters as defined in Minnesota Statutes, section 103G.005, subdivisions 15 and 15a. However, no lake, pond, or flowage of less than ten acres in size in municipalities and 25 acres in size in unincorporated areas need be regulated for the purposes of parts 6120.2500 to 6120.3900. A body of water created by a private user where there was no previous shoreland may, at the discretion of the local government, be exempted from parts 6120.2500 to 6120.3900.
The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the commissioner.
Subp. 13a. Residential planned unit development.
"Residential planned unit development" means a use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments.
Subp. 13b. Semipublic use.
"Semipublic use" means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.
Subp. 13c. Sensitive resource management.
"Sensitive resource management" means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.
Subp. 14. Setback.
"Setback" means the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility.
Subp. 14a. Sewage treatment system.
"Sewage treatment system" means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in chapter 7080.
Subp. 14b. Sewer system.
"Sewer system" means pipelines or conduits, pumping stations, and force main, and all other constructions, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
Subp. 14c. Shore impact zone.
"Shore impact zone" means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback.
Subp. 15. Shoreland.
"Shoreland" means land located within the following distances from public water: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner.
Subp. 15a. Significant historic site.
"Significant historic site" means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.
Subp. 15b. Steep slope.
"Steep slope" means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of these regulations. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs.
Subp. 16. Structure.
"Structure" means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.
Subp. 17. Subdivision.
"Subdivision" means land that is divided for the purpose of sale, rent, or lease, including planned unit development.
Subp. 18.
[Repealed, 13 SR 3029]
Subp. 18a. Surface water-oriented commercial use.
"Surface water-oriented commercial use" means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.
Subp. 18b. Toe of the bluff.
"Toe of the bluff" means the lower point of a 50-foot segment with an average slope exceeding 18 percent.
Subp. 18c. Top of the bluff.
"Top of the bluff" means the higher point of a 50-foot segment with an average slope exceeding 18 percent.
Subp. 19. Variance.
"Variance" means the same as that term is defined or described in Minnesota Statutes, chapter 394.
Subp. 20. Water-oriented accessory structure or facility.
"Water-oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.
Subp. 21. Wetland.
"Wetland" means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition), which is hereby incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change.
History
- Statutory Authority: MS s 103F.211; 105.485
- History: 13 SR 3029
Minn. R. 6120.2600 Policy
The uncontrolled use of shorelands adversely affects the public health, safety, and general welfare by contributing to pollution of public waters and by impairing the local tax base. In furtherance of the policies declared in Minnesota Statutes, section 84.083, and chapters 103A, 103B, 103E to 103G, 115, 116, 394, 396, and 462, the commissioner provides the following minimum standards and criteria for the subdivision, use, and development of the shorelands of public waters. The standards and criteria are intended to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of water and related land resources of the state.
History
- Statutory Authority: MS s 103F.211; 105.485
- History: 13 SR 3029
Minn. R. 6120.2700 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.2800 Scope
Subpart 1. Responsibilities and authorities.
These minimum standards and criteria apply to those shorelands of public waters of the state which are subject to local government land use controls. They are intended to be incorporated into local government shoreland management controls. Each local government is responsible for administration and enforcement of its shoreland management controls adopted in compliance with these standards and criteria. Nothing in these standards and criteria shall be construed as prohibiting or discouraging a local government from adopting and enforcing controls that are more restrictive.
Subp. 1a. North Shore Management plan.
The minimum standards and criteria for the subdivision, use, and development of the shoreland of Lake Superior, other than for the city of Duluth, are those specified in the North Shore Management plan, A Shoreland Management Plan for Lake Superior's North Shore, December 1988, adopted by the North Shore Management Board on November 29, 1988. The plan is incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change.
Local governments shall comply with part 6120.3900, subpart 6, in administration of their shoreland management controls.
Local governments shall adopt shoreland management controls conforming to the North Shore Management Plan within 18 months of the effective date of this part.
Subp. 2. Adoption schedule.
Counties, and those cities designated by the commissioner in consultation with the appropriate county, must adopt or amend land use controls to bring them into substantial compliance with these standards and criteria within two years of being notified by the commissioner.
Subp. 3. Implementation flexibility.
Local governments may, under special circumstances and with the commissioner's approval, adopt shoreland management controls that are not in strict conformity with these minimum standards and criteria, provided the purposes of Minnesota Statutes, sections 103F.201 to 103F.221, are satisfied.
A. Special circumstances may include the following situations:
B. Alternative management standards may use the following concepts and approaches, or others:
C. Local governments must request consideration of an alternative approach under this subpart and must provide written justification and supporting information, maps, and documents, as appropriate, to justify the request to the commissioner, including the following:
D. The commissioner shall respond to the local government's request for consideration of an alternative approach under this subpart in accordance with subitems (1) to (5).
History
- Statutory Authority: MS s 103F.211; 105.485
- History: 13 SR 3029; 14 SR 1718
Minn. R. 6120.2900 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.3000 Shoreland Management Classification System
Subpart 1. Criteria.
The commissioner shall classify all public waters in accordance with the following criteria:
A. size and shape;
B. amount and type of existing development;
C. road and service center accessibility;
D. existing natural characteristics of the waters and shorelands;
E. state, regional, and local plans and management programs;
F. existing land use restrictions; and
G. presence of significant historic sites.
Subp. 1a. Classes.
The classes of public waters are natural environment lakes, recreational development lakes, general development lakes, remote river segments, forested river segments, transition river segments, agricultural river segments, urban river segments, and tributary river segments. All of the river classes except tributary consist of watercourses that have been identified as being recreationally significant on a statewide basis. The tributary class consists of all other watercourses identified in the protected waters inventory. General descriptions of each class follow:
A. Natural environment lakes are generally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development such as high water tables, exposed bedrock, and unsuitable soils. These lakes, particularly in rural areas, usually do not have much existing development or recreational use.
B. Recreational development lakes are generally medium-sized lakes of varying depths and shapes with a variety of landform, soil, and groundwater situations on the lands around them. They often are characterized by moderate levels of recreational use and existing development. Development consists mainly of seasonal and year-round residences and recreationally-oriented commercial uses. Many of these lakes have capacities for accommodating additional development and use.
C. General development lakes are generally large, deep lakes or lakes of varying sizes and depths with high levels and mixes of existing development. These lakes often are extensively used for recreation and, except for the very large lakes, are heavily developed around the shore. Second and third tiers of development are fairly common. The larger examples in this class can accommodate additional development and use.
D. Remote river segments are primarily located in roadless, forested, sparsely-populated areas of the northeastern part of the state. Common land uses include multiple-use forestry, some recreation facilities, and occasional seasonal or year-round residential. Low intensity recreational uses of these river segments and adjacent lands are common. This class has limited potential for additional development and recreational use due to land suitability and road access constraints.
E. Forested river segments are located in forested, sparsely to moderately populated areas with some roads in the north-central part of the state. Predominant land uses include multiple-use forestry, some recreation facilities, seasonal residential, and, within commuting distances of several cities, some year-round residential. Low-intensity recreational uses of these rivers and adjacent lands are common. This class has substantial potential for additional development and recreational use.
F. Transition river segments are generally either located within the Minnesota and Mississippi river valleys, or within the middle reaches of several rivers in all regions except the north-central and northeast. Common land uses include forested within riparian strips and mixtures of cultivated, pasture, and forested beyond. Some seasonal and year-round residential development exists, particularly within commuting distance of major cities. The types and intensities of recreational uses within this class vary widely.
G. Agricultural river segments are located in well-roaded, intensively cultivated areas of the western and southern regions of the state. Cultivated crops are the predominant land use, with some pasture and occasional feedlots, small municipalities, and small forested areas. Residential development is not common, but some year-round residential use is occurring within commuting distances of major cities. Some intensive recreational use occurs on these river segments in particular areas, but overall recreational use of these waters and adjacent lands is low. Although potential exists for additional development and recreation, water quality constraints and competing land uses, particularly agriculture, will inhibit expansions.
H. Urban river segments are located within or adjacent to major cities throughout the state. A variety of residential and other urban land uses exists within these segments. Recreational uses of these segments and adjacent lands are common, but vary widely in types and intensities. These segments have potential for additional development, for redevelopment, and for additional recreational use, although recreational use on some of these segments competes with commercial river traffic.
I. Tributary river segments consist of watercourses mapped in the Protected Waters Inventory that have not been assigned one of the river classes in items D to H. These segments have a wide variety of existing land and recreational use characteristics. The segments have considerable potential for additional development and recreational use, particularly those located near roads and cities.
Subp. 2. Supporting data.
Supporting data for shoreland management classifications is supplied by the records and files of the Department of Natural Resources, including maps, lists, and other products of the Protected Waters Inventory; data and publications of the Shoreland Update Project; the Minnesota Department of Natural Resources Statewide Outstanding Rivers Inventory; Bulletin No. 25 (1968); and Supplementary Report No. 1 - Shoreland Management Classification System for Public Waters (1976) of the Division of Waters, Minnesota's Lakeshore, part 2, Statistical Summary, Department of Geography, University of Minnesota; and additional supporting data may be supplied, as needed, by the commissioner. These publications are incorporated by reference, are available through the Minitex interlibrary loan system, and are not subject to frequent change.
Subp. 3. Classification procedures.
Public waters shall be classified by the commissioner. The commissioner shall document each classification with appropriate supporting data. A preliminary list of classified public waters shall be submitted to each affected local government. Each affected local government shall be given an opportunity to request a change in the proposed classification. If a local government feels such a change is needed, a written request with supporting data may be submitted to the commissioner for consideration. If a local government requests a change in a proposed shoreland management classification and the public water is located partially within the jurisdiction of another governmental unit, the commissioner shall review the recommendations of the other governmental units before making a final decision on the proposed change.
Subp. 4. Reclassification.
The commissioner may, as the need arises, reclassify any public water. Also, any local government may at any time submit a resolution and supporting data requesting a change in any shoreland management classification of waters within its jurisdiction to the commissioner for consideration.
Subp. 5. Modification and expansion of system.
The commissioner may, as the need arises, modify or expand the shoreland classification system to provide specialized shoreland management standards based upon unique characteristics and capabilities of any public waters.
History
- Statutory Authority: MS s 105.485
- History: 13 SR 3029
Minn. R. 6120.3100 Land Use Districts
The development of shorelands of public waters must be controlled by means of land use zoning districts which are designated to be compatible with the classes of public waters in part 6120.3000. Land use zoning districts may be established to provide for:
A. the management of areas unsuitable for development due to wet soils, steep slopes, flooding, inadequate drainage, severe erosion potential, presence of significant historic sites, or any other feature likely to be harmful to the health, safety, or welfare of the residents of the community;
B. the reservation of areas suitable for residential development from encroachment by commercial and industrial uses;
C. the centralization of service facilities for residential areas and enhancement of economic growth for those areas suitable for limited commercial development;
D. the management of areas for commercial or industrial uses which, by their nature, require location in shoreland areas;
E. the protection of valuable agricultural lands from conversion to other uses; and
F. the preservation and enhancement of the quality of water-based recreational use of public waters including provisions for public accesses.
History
- Statutory Authority: MS s 105.485
- History: 13 SR 3029
Minn. R. 6120.3200 Criteria for Land Use Zoning District Designation
Subpart 1. Criteria.
The land use zoning districts established by local governments must be based on considerations of:
A. preservation of natural areas;
B. present ownership and development of shoreland areas;
C. shoreland soil types and their engineering capabilities;
D. topographic characteristics;
E. vegetative cover;
F. in-water physical characteristics, values, and constraints;
G. recreational use of the surface water;
H. road and service center accessibility;
I. socioeconomic development needs and plans as they involve water and related land resources;
J. the land requirements of industry which, by its nature, requires location in shoreland areas; and
K. the necessity to preserve and restore certain areas having significant historical or ecological value.
Subp. 2. Designation of zoning districts.
Local governments with adopted land use zoning districts in effect on the date of adoption of parts 6120.2500 to 6120.3900 may continue to use the districts until revisions are proposed. When amendments to zoning districts on lakes are considered, local governments, at least for all the shoreland within the community of the public water involved and preferably for all shoreland areas within the community, must revise existing zoning district and use provisions to make them substantially compatible with the framework in subpart 4. On a river, zoning districts and use provisions for all shoreland on both sides within the same class in the community must be revised to make them substantially compatible with the framework in subpart 5. If the same river class is contiguous for more than a five-mile segment, only the shoreland for a distance of 2.5 miles up and down stream or to the class boundary, if closer, need be evaluated. When an interpretation question arises about whether a specific land use fits within a category in subpart 4 or 5, the question must be resolved through procedures in local government official controls and state statutes.
Subp. 3. Land use district descriptions.
Land use district descriptions are as follows:
A. A special protection district is intended to be used for two basic purposes. The first purpose is to limit and properly manage development in areas that are generally unsuitable for development or uses due to flooding, erosion, limiting soil conditions, steep slopes, or other major physical constraints. A second purpose is to manage and preserve areas with special historical, natural, or biological characteristics.
B. A residential district is primarily intended to allow low to medium density seasonal and year-round residential uses on lands suitable for such uses. It is also intended to prevent establishment of various commercial, industrial, and other uses in these areas that cause conflicts or problems for residential uses. Some nonresidential uses with minimal impacts on residential uses are allowed if properly managed under conditional use procedures.
C. A high density residential district is intended for use on lands with heterogeneous mixes of soils, vegetation, and topography that are not well suited to residential development using standard, lot-block subdivisions. This approach enables such areas to be developed, often even with higher than lot-block densities, while also avoiding and preserving unsuitable terrain and soils. Other compatible uses such as residential planned unit development, surface water-oriented commercial, multiple unit single-family, parks, historic sites, and semipublic, are also allowed, primarily as conditional uses.
D. A water-oriented commercial district is intended to be used only to provide for existing or future commercial uses adjacent to water resources that are functionally dependent on such close proximity.
E. A general use district is intended to be used only for lands already developed or suitable for development with concentrated urban, particularly commercial, land uses. It should not generally be used on natural environment lakes or remote river classes. Several other intensive urban uses such as industrial and commercial planned unit development are allowed in this district if handled as conditional uses.
Subp. 4. Shoreland classifications and uses; lakes.
For the lake classes, districts, and uses in this subpart, P = permitted uses, C = conditional uses, and N = prohibited uses.
A. Lake classes in special protection districts.
B. Lake classes in residential districts.
C. Lake classes in high density residential districts.
D. Lake classes in water-oriented commercial districts.
E. Lake classes in general use districts. *As accessory to a residential planned unit development ** Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of part 6120.3800, subpart 2, are satisfied
Subp. 5. Shoreland classifications and uses; rivers.
For the river classes, districts, and uses in this subpart, P = permitted uses, C = conditional uses, and N = prohibited uses.
A. River classes in special protection districts.
B. River classes in residential districts.
C. River classes in high density residential districts.
D. River classes in water-oriented commercial districts.
E. River classes in general use districts. *As accessory to a residential planned unit development ** Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of part 6120.3800, subpart 2, are satisfied
History
- Statutory Authority: MS s 105.485
- History: 13 SR 3029
Minn. R. 6120.3300 Zoning Provisions
Subpart 1. Purpose.
To manage the effects of shoreland and water surface crowding, to prevent pollution of surface and ground waters of the state, to provide ample space on lots for sewage treatment systems, to minimize flood damages, to maintain property values, to maintain historic values of significant historic sites, and to maintain natural characteristics of shorelands and adjacent water areas, shoreland controls must regulate lot sizes, placement of structures, and alterations of shoreland areas.
Subp. 2. Residential lot size.
All single, duplex, triplex, and quad residential lots created after the date of enactment of the local shoreland controls must meet or exceed the dimensions presented in subparts 2a and 2b, and the following:
A. Lots must not be occupied by any more dwelling units than indicated in subparts 2a and 2b. Residential subdivisions with dwelling unit densities exceeding those in the tables in subparts 2a and 2b can only be allowed if designed and approved as residential planned unit developments under part 6120.3800. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in subpart 2a, items D to F can only be used if publicly owned sewer system service is available to the property.
B. On natural environment lakes, subdivisions of duplexes, triplexes, and quads must also meet the following standards:
C. One guest cottage may be allowed in local controls on lots meeting or exceeding the duplex dimensions presented in subparts 2a and 2b if the controls also require all of the following standards to be met:
D. Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of items A to E and subparts 2a and 2b may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of the shoreland controls are met. Necessary variances from setback requirements must be obtained before any use, sewage treatment system, or building permits are issued for the lots. In evaluating all the variances, boards of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lots and shall deny the variances if adequate facilities cannot be provided. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of items A to E and subparts 2a and 2b, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of items A to E and subparts 2a and 2b as much as possible. Local shoreland controls may set a minimum size for nonconforming lots or impose their restrictions on their development.
E. If allowed by local governments, lots intended as controlled accesses to public waters or recreation areas for use by owners of nonriparian lots within subdivisions must meet or exceed the following standards:
Subp. 2a. Lot area and width standards for single, duplex, triplex, and quad residential development; lake classes.
The lot area and width standards for single, duplex, triplex, and quad residential developments for the lake classes are:
A. Natural Environment, no sewer: Lot area (square feet) Lot width (feet)
B. Recreational Development, no sewer: Lot area (square feet) Lot width (feet)
C. General Development, no sewer: Lot area (square feet) Lot width (feet)
D. Natural Environment, sewer: Lot area (square feet) Lot width (feet)
E. Recreational Development, sewer: Lot area (square feet) Lot width (feet)
F. General Development, sewer: Lot area (square feet) Lot width (feet)
Subp. 2b. Lot width standards for single, duplex, triplex, and quad residential development; river classes.
The lot width standards for single, duplex, triplex, and quad residential development for river classes are:
Lot width (feet)
Subp. 3. Placement and height of structures and facilities on lots.
When more than one setback requirement applies to a site, structures and facilities must be located to meet all setbacks. The placement of structures and other facilities on all lots must be managed by shoreland controls as follows:
A. Structure setbacks. The following minimum setbacks presented in the following table for each class of public waters apply to all structures, except water-oriented accessory structures and facilities that are managed according to item H:
B. High water elevations. In addition to the setback requirements of item A, local shoreland controls must regulate placement of structures in relation to high water elevation. Where state-approved, local flood plain management controls exist, structures must be placed at an elevation consistent with the controls. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows:
C. Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
D. Steep slopes. Local government officials must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
E. Proximity to unplatted cemeteries and significant historic sites. No structure may be placed nearer than 50 feet from the boundary of an unplatted cemetery protected under Minnesota Statutes, section 307.08, unless necessary approval is obtained from the Minnesota State Archaeologist's Office. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.
F. Proximity to roads and highways. No structure may be placed nearer than 50 feet from the right-of-way line of any federal, state, or county highway; or 20 feet from the right-of-way line of any town road, public street, or others not classified.
G. Height. All structures in residential districts in cities, except churches and nonresidential agricultural structures, must not exceed 25 feet in height.
H. Accessory structures and facilities. All accessory structures and facilities, except those that are water-oriented, must meet or exceed structure setback standards. If allowed by local government controls, each residential lot may have one water-oriented accessory structure or facility located closer to public waters than the structure setback if all of the following standards are met:
I. Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:
J. Decks. Except as provided in item H, decks must meet the structure setback standards. Decks that do not meet setback requirements from public waters may be allowed without a variance to be added to structures existing on the date the shoreland structure setbacks were established by ordinance, if all of the following criteria and standards are met:
Subp. 4. Shoreland alterations.
Vegetative alterations and excavations or grading and filling necessary for the construction of structures and sewage treatment systems under validly issued permits for these facilities are exempt from the vegetative alteration standards in this subpart and separate permit requirements for grading and filling. However, the grading and filling conditions of this subpart must be met for issuance of permits for structures and sewage treatment systems. Alterations of vegetation and topography must be controlled by local governments to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. Public roads and parking areas, as regulated by subpart 5, are exempt from the provisions of this part.
A. Removal or alterations of vegetation, except for forest management or agricultural uses as provided for in subparts 7 and 8, is allowed according to the following standards:
B. Before grading or filling on steep slopes or within shore or bluff impact zones involving the movement of more than ten cubic yards of material or anywhere else in a shoreland area involving movement of more than 50 cubic yards of material, it must be established by local official permit issuance that all of the following conditions will be met. The following conditions must also be considered during subdivision, variance, building permit, and other conditional use permit reviews.
C. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters.
Subp. 5. Placement and design of roads, driveways, and parking areas.
Public and private roads, driveways, and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. They must be designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.
A. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
B. Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of subpart 4, item B, must also be met.
Subp. 6.
[Repealed, 13 SR 3029]
Subp. 7. Agricultural use standards.
The agricultural use standards for shoreland areas are contained in items A, B, C, and D.
A. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.
B. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Natural Resources Conservation Service.
C. Animal feedlots as defined by the Minnesota Pollution Control Agency, where allowed by zoning district designations, must be reviewed as conditional uses and must meet the following standards:
D. Use of fertilizer, pesticides, or animal wastes within shorelands must be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.
Subp. 8. Forest management standards.
The harvesting of timber and associated reforestation or conversion of forested use to a nonforested use must be conducted consistent with the following standards:
A. Timber harvesting and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota."
B. If allowed by local governments, forest land conversion to another use requires issuance of a conditional use permit and adherence to the following standards:
C. Use of fertilizer, pesticides, or animal wastes within shorelands must be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.
Subp. 9. Extractive use standards.
Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.
An extractive use site development and restoration plan must be developed, approved by the local government, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end.
Subp. 10. Standards for commercial, industrial, public, and semipublic uses.
Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. Those with water-oriented needs must meet the following standards:
A. In addition to meeting impervious coverage limits, setbacks, and other zoning standards presented elsewhere in parts 6120.2500 to 6120.3900, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures.
B. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need.
C. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:
Subp. 11. Stormwater management.
Local governments must consider proper stormwater management in all reviews, approvals, and permit issuances under shoreland management controls adopted under parts 6120.2500 to 6120.3900. The following general and specific standards must be incorporated into local government shoreland management controls and their administration.
A. The following are general standards:
B. The following are specific standards:
Subp. 12. Mining of metallic minerals and peat, as defined by Minnesota Statutes, sections 93.44 to 93.51.
Mining of metallic minerals and peat shall be a permitted use provided the provisions of Minnesota Statutes, sections 93.44 to 93.51, are satisfied.
History
- Statutory Authority: MS s 16B.59 to 16B.75; 103F.211; 105.485; 326B.101 to 326B.194; 115.03
- History: 13 SR 3029; 17 SR 1279; 23 SR 2042; L 2005 c 56 s 2; L 2007 c 140 art 4 s 61; art 13 s 4; L 2008 c 337 s 64; 38 SR 1535; L 2015 c 21 art 1 s 109
Minn. R. 6120.3400 Sanitary Provisions
Subpart 1.
[Repealed, 13 SR 3029]
Subp. 2. Water supply.
Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.
Private wells must be located, constructed, maintained, and sealed in accordance with or in a more thorough manner than the Water Well Construction Code of the Minnesota Department of Health.
Subp. 3. Sewage treatment.
Any premises used for human occupancy must be provided with an adequate method of sewage treatment.
A. Publicly owned sewer systems must be used where available.
B. All private sewage treatment systems must meet or exceed applicable rules of the Minnesota Department of Health, the Minnesota Pollution Control Agency, specifically chapter 7080 for individual sewage treatment systems, and any applicable local government standards.
C. On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the following table: Sewage Treatment System Setback Standards
D. Local governments must develop and implement programs to identify and upgrade sewage treatment systems that are inconsistent with the sewage treatment system design criteria identified in item B, exclusive of the appropriate setback from the ordinary high water level in item C. These programs must require reconstruction of existing nonconforming sewage systems whenever a permit or variance of any type is required for any improvement on, or use of, the property, and must include at least one of the following approaches:
History
- Statutory Authority: MS s 105.485
- History: 13 SR 3029
Minn. R. 6120.3500 Subdivision Provisions
Subpart 1. Land suitability.
Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.
Subp. 2. Platting.
All subdivisions that create five or more lots or parcels that are 2-1/2 acres or less in size must be processed by local governments as plats in accordance with Minnesota Statutes, chapter 505. Local governments must not record parcels or issue building or sewage permits for lots created after enactment of official controls under parts 6120.2500 to 6120.3900 that are not part of officially approved subdivisions.
Subp. 3. Consistency with other controls.
Subdivisions must conform to all other official controls adopted by local governments under parts 6120.2500 to 6120.3900. Local governments must not approve subdivisions that are designed so variances from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, subdivisions must not be approved by local governments unless domestic water supply is available and soil absorption sewage treatment can be provided for every lot. A lot shall meet the minimum lot size in part 6120.3300, subparts 2a and 2b, including at least a minimum contiguous lawn area, that is free of limiting factors (location and type of water supply, soil type, depth to groundwater or impervious layer, slope, flooding potential, and other limiting factors), sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved.
Subp. 4. Information requirements.
Subdivision controls must require submission of adequate information to make a determination of land suitability under subpart 1. The information shall include at least the following:
A. topographic contours at ten-foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics;
B. the surface water features required in Minnesota Statutes, section 505.02, subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources;
C. adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;
D. information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities; and
E. location of 100-year flood plain areas from existing maps or data.
Subp. 5. Dedications.
If local governments require land or easement dedications, they must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands.
History
- Statutory Authority: MS s 105.485
- History: 13 SR 3029
Minn. R. 6120.3600 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.3700 [Repealed, 13 SR 3029]
[Repealed, 13 SR 3029]
Minn. R. 6120.3800 Planned Unit Development
Subpart 1. Scope of planned unit development provisions.
Local governments must consider incorporating, with approval of the commissioner, provisions into shoreland management controls to allow planned unit developments. The provisions may allow planned unit developments for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The provisions must be consistent with standards in this part. During the period between adoption of parts 6120.2500 to 6120.3900 and adoption of local government official controls meeting the planned unit development standards in part 6120.3800, preliminary plans for each planned unit development must be reviewed for consistency with part 6120.3800 and approved by the commissioner before final local government approval.
Subp. 2. Land use district designation.
If local governments allow planned unit developments, the land use districts in which they are an allowable conditional use must be identified in their official controls and on a zoning map. Designation of the districts must be based on consideration of the criteria in part 6120.3200 and the following criteria:
A. existing recreational use of the surface waters and likely increases in use associated with planned unit developments;
B. physical and aesthetic impacts of increased density;
C. suitability of lands for the planned unit development approach;
D. level of current development in the area; and
E. amounts and types of ownership of undeveloped lands. Expansions to existing commercial planned unit developments involving up to six dwelling units or sites, unless the density determined under subpart 6, item A is exceeded, may be allowed as permitted uses under standards developed by local units of government. The date of effect of official controls adopted by each local government under this part must be the base date for determination of expansions. Expansions exceeding these limits must be processed as conditional uses and meet the standards in this part.
Subp. 3. Information requirements.
Provisions for submission of adequate information by project proponents must be included in official controls. The provisions must include at least the following:
A. a site plan for the project showing property boundaries, surface water features, existing and proposed structures, sewage treatment systems, topographic contours at ten-foot intervals or less, and other facilities; and
B. documents that explain how the project is designed and will function. These ordinarily include covenants that require membership in a property owners association, various easements, a concept statement describing the project, floor plans for structures, and various other drawings or plans.
Subp. 4. Dwelling unit or site density evaluation.
Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures and standards:
A. The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward: Shoreland Tier Dimensions
B. The area within each tier is next calculated, excluding all wetlands, bluffs, or land below the ordinary high water level of public waters. This area is then subjected to either the residential (subpart 5) or commercial (subpart 6) planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites.
Subp. 5. Residential planned unit development density evaluation steps and design criteria.
The density evaluation steps and design criteria for residential planned unit developments are contained in items A to D.
A. The area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth unless the local unit of government has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and numbers of dwelling units or sites for the residential planned unit development are then compared with these data and map of the evaluation. Local governments may allow some dwelling unit or site density increases for residential planned unit developments above the densities determined in the evaluation if all dimensional standards in part 6120.3300 are met or exceeded. Maximum density increases may only be allowed if all design criteria in subpart 5, item B, are also met or exceeded. Increases in dwelling unit or site densities must not exceed the maximums in the following table. Allowable densities may be transferred from any tier to any other tier further from the shoreland water body or watercourse, but must not be transferred to any other tier closer. Maximum Allowable Dwelling Unit Or Site Density Increases For Residential Planned Unit Developments
B. The design criteria are:
C. Administration and maintenance requirements. Before final approval of all residential planned unit developments, local governments must ensure adequate provisions have been developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development as a community.
D. Conversions. Local governments may allow existing resorts or other land uses and facilities to be converted to residential planned unit developments if all of the following standards are met:
Subp. 6. Commercial planned unit development density evaluation steps and design criteria.
The density evaluation steps and design criteria for commercial planned unit developments are contained in items A and B:
A. Density evaluation steps:
B. The design criteria are:
History
- Statutory Authority: MS s 105.485
- History: 13 SR 3029
Minn. R. 6120.3900 Administration
Subpart 1. Administration and enforcement.
Local governments must provide for the administration and enforcement of their shoreland management controls by establishing permit procedures for building construction, installation of sewage treatment systems, and grading and filling.
Subp. 2.
[Repealed, 13 SR 3029]
Subp. 3. Variances.
Variances may only be granted in accordance with Minnesota Statutes, chapters 394 or 462, as applicable. They may not circumvent the general purposes and intent of the official controls. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of variances to ensure compliance and to protect adjacent properties and the public interest. In considering variance requests, boards of adjustment must also consider whether property owners have reasonable use of the lands without the variances, whether existing sewage treatment systems on the properties need upgrading before additional development is approved, whether the properties are used seasonally or year-round, whether variances are being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.
Subp. 3a. Conditional uses.
In addition to any existing standards local governments may have for reviewing conditional uses, the following standards must be incorporated into local controls and used for reviewing conditional uses located in shoreland areas:
A. a thorough evaluation of the topographic, vegetation, and soils conditions on the site to ensure:
B. an assessment of the types, uses, and numbers of watercraft that the project will generate in relation to the suitability of public waters to safely accommodate these watercraft. Local governments may impose conditions when granting conditional use permits that specify: increased setbacks from public waters; vegetation allowed to be removed or required to be established; sewage treatment system location, design, or use; location, design, and use requirements for watercraft launching or docking, and for vehicular parking; structure or other facility design, use, and location; phasing of construction; and other conditions considered necessary by the local unit of government.
Subp. 4. Nonconformities.
A. Local governments must require upgrading or replacement of any existing, on-site sewage treatment system identified as a nonconformity under a program established under part 6120.3400. Systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, sections 103F.201 to 103F.221, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by chapter 7080, shall be considered nonconforming.
B. All nonconformities other than on-site sewage treatment systems must be managed according to applicable state statutes and local government official controls.
Subp. 4a. Shoreland management by townships.
Townships may adopt shoreland management controls under authority of Minnesota Statutes, section 394.33, subdivision 1, if the controls are not inconsistent with or less restrictive than the controls adopted by the county in which the township is located.
A. For the purposes of parts 6120.2500 to 6120.3900, shoreland management controls adopted by townships will only be considered to be consistent with county controls if they cover the same full range of shoreland management provisions covered by the county controls, contain dimensional standards at least as restrictive as those in the county controls, and do not allow land uses in particular areas that are not allowed under the county's official controls.
B. The township must demonstrate to the county board that their proposed ordinance and administration is at least as restrictive as the county's prior to final adoption by the township. Townships must provide for administration and enforcement of shoreland management controls at least as effective as county implementation. Townships that adopt adequate shoreland controls must follow all of the notification procedures in subpart 6. After adequate shoreland management controls are adopted by a township, property owners must only obtain necessary permits and approvals as required in the township shoreland management controls. Property owners do not have to obtain similar permits or approvals under the county's shoreland controls.
Subp. 5. Joint exercise of powers.
To facilitate more logical, consistent, and efficient administration of shoreland management controls, local governments are encouraged to enter into joint powers agreements with adjacent or otherwise similarly situated local units of government to jointly administer shoreland management controls pursuant to the procedures and authority of Minnesota Statutes, sections 394.32 and 471.59.
Subp. 6. Notification procedures.
A. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed plats must include copies of the plats.
B. A copy of approved amendments and plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action.
C. Townships with shoreland management controls adopted under subpart 4a must also provide these materials to the zoning official of the county.
History
- Statutory Authority: MS s 103F.211; 105.485
- History: 13 SR 3029
Minn. R. 6120.5000 Definitions
Subpart 1. Scope of terms.
For the purposes of these rules, certain terms or words used herein shall be interpreted as follows.
Subp. 2. Building code.
"Building code" means a collection of regulations adopted by a local governing body setting forth standards for the construction, addition, modification, and repair of buildings and other structures for the purpose of protecting the public health, safety, and general welfare.
Subp. 3. Channel.
"Channel" means a natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct flowing water either continuously or periodically.
Subp. 4. Commissioner.
"Commissioner" means the commissioner of natural resources.
Subp. 5. Encroachment lines.
"Encroachment lines" means the lateral limits or lines drawn along each side and generally parallel to a stream or another body of water, which delineates the floodway and within which the flood-carrying capacity of the stream or other body of water is to be preserved. Their location, if along a stream, should be such that the floodway between them will effectively carry and discharge a flood not less than the regional flood.
Subp. 6. Equal degree of encroachment.
"Equal degree of encroachment" means a method of determining the location of encroachment lines so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for a significant reach.
Subp. 7. Flood.
"Flood" means a temporary rise in stream flow or stage which results in inundation of the areas adjacent to the channel.
Subp. 8. Flood frequency.
"Flood frequency" means the average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equalled or exceeded. By strict definition, such estimates are designated "exceedence frequency," but in practice the term "frequency" is used. The frequency of a particular stage or discharge is usually expressed as having a probability of occurring once within a specified number of years. See also recurrence interval in subpart 20.
Subp. 9. Flood fringe.
"Flood fringe" means that portion of the floodplain outside of the floodway.
Subp. 10. Flood peak.
"Flood peak" means the highest value of stage or discharge attained during a flood event; thus peak stage or peak discharge.
Subp. 11. Floodplain.
"Floodplain" means the areas adjoining a watercourse which has been or hereafter may be covered by the regional flood.
Subp. 12. Floodplain management.
"Floodplain management" means the full range of public policy and action for ensuring wise use of the floodplains. It includes everything from collection and dissemination of flood control information to actual acquisition of floodplain lands, construction of flood control measures, and enactment and administration of codes, ordinances, and statutes regarding floodplain land use.
Subp. 13. Floodplain regulations.
"Floodplain regulations" means the full range of codes, ordinances, and other regulations relating to the use of land and construction within floodplain limits. The term encompasses zoning ordinances, subdivision regulations, and sanitary and building codes.
Subp. 14. Flood profile.
"Flood profile" means a graph or a longitudinal plot of water surface elevations of a flood event along a reach of a stream or river.
Subp. 15. Floodproofing.
"Floodproofing" means a combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area.
Subp. 16. Flood stage.
"Flood stage" means, as commonly used by the U.S. Weather Bureau and others, that stage, at a particular river gauge, where overflow of the natural banks of the stream results in significant flood damage in any portion of the reach for which the gauge is a representative index.
Subp. 17. Floodway.
"Floodway" means the channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood.
Subp. 18. Local governmental unit.
"Local governmental unit" means a county, city, village, or borough.
Subp. 19. Reach.
"Reach" means the hydraulic engineering term used to describe longitudinal segments of a stream or river influenced by a natural or human-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would typically constitute a reach.
Subp. 20. Recurrence interval.
"Recurrence interval" means the average interval of time, based on a statistical analysis of actual or representative stream flow records, which can be expected to elapse between floods equal to or greater than a specified stage or discharge. The recurrence interval is generally expressed in years. See also flood frequency in subpart 8.
Subp. 21. Regional flood.
"Regional flood" means a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval.
Subp. 22. Rural areas.
"Rural areas" means all areas not included under urban areas, such as agricultural, forest, and undeveloped areas.
Subp. 23. Standard project flood.
"Standard project flood" means the flood that may be expected from the most severe combination of meteorological and hydrological conditions that is considered reasonably characteristic of the geographical area in which the drainage basin is located, excluding extremely rare combinations. Such floods are intended as practicable expressions of the degree of protection that should be sought in the design of flood control works, the failure of which might be disastrous.
Subp. 24. Subdivision regulations.
"Subdivision regulations" means regulations and standards established by a local unit of government with authority granted under a state enabling law, for the subdivision of land in order to secure coordinated land development.
Subp. 25. Urban areas.
"Urban areas" means the area within the present corporate limits plus the adjoining areas that are or could be under the statutory extraterritorial zoning jurisdiction of any city, village, or borough.
Subp. 26. Watercourse.
"Watercourse" means a channel in which a flow of water occurs either continuously or intermittently in a definite direction. The term applies to either natural or artificially constructed channels.
Subp. 27. Zoning ordinance.
"Zoning ordinance" means an ordinance adopted by a local unit of government, with authority from state enabling legislation, which under the police power divides local governmental areas into districts and, within each district, regulates the use of land.
History
- Statutory Authority: MS s 104.05
- History: 17 SR 1279
Minn. R. 6120.5100 Policy
The following standards and criteria establishing minimum floodplain management standards are promulgated in accordance with the authority granted in Minnesota Statutes 1969, section 104.05, and apply to land adjacent to all watercourses of the state except as herein provided.
History
- Statutory Authority: MS s 104.05
Minn. R. 6120.5200 Scope
These standards and criteria for the management of flood-prone areas and private and governmental uses located therein pertain to all watercourses, both intrastate and interstate, where the drainage area of the watercourse is over two square miles and where the commissioner finds a watercourse having a drainage area under two square miles has significant flood hazard.
History
- Statutory Authority: MS s 104.05
Minn. R. 6120.5300 Severability
The provisions of these rules shall be severable and the invalidity of any lettered paragraph, subparagraph, or subdivision thereof shall not invalidate any other lettered paragraph or subparagraph, subdivision, or any other part.
History
- Statutory Authority: MS s 104.05
Minn. R. 6120.5400 Local Duties
In accordance with Minnesota Statutes 1969, chapter 104, local governmental units shall:
A. submit to the commissioner for review a list of available flood data, floodplain maps, and degree of flood damage potential for each watercourse having flood hazards;
B. adopt or amend a floodplain management ordinance which meets these minimum standards and criteria for floodplain management, upon the determination of the commissioner that sufficient technical information is available for the delineation of floodplains and floodways on a watercourse;
C. submit proposed floodplain management ordinances to the commissioner for review and approval before adoption;
D. administer and enforce floodplain management ordinances upon adoption; and
E. submit to the commissioner for approval any amendments to floodplain management ordinances before adoption.
History
- Statutory Authority: MS s 104.05
- History: 17 SR 1279
Minn. R. 6120.5500 Commissioner's Duties
The commissioner shall:
A. Establish statewide standards for management of floodplain areas which apply to private and governmental uses located therein.
B. Determine the availability of sufficient technical information for the delineation of floodplains and floodways on a watercourse.
C. Upon request, assist the local governmental unit in the drafting of a floodplain management ordinance which meets the provisions of Minnesota Statutes 1969, chapter 104 and the minimum standards set forth herein. This assistance may include, but not be limited to, creation of specific guidelines to be used locally in the formulation of reasonable regulations and other floodplain management practices based on sound technical data and consistent with state standards and community land use needs.
D. Review and approve floodplain management ordinances prior to adoption by the local governmental unit.
E. Where sufficient information is not available, cooperate to the fullest practical extent with appropriate federal agencies and local governmental units in securing adequate technical information which can be used for the delineation of floodplains and floodways along the state's watercourses.
F. Periodically review and upgrade floodplain management criteria based on new hydrologic, hydraulic, and other technical methodologies.
G. Disseminate to local governmental units, whenever available, technical information including information of federal programs involving floodplain areas, educational materials, and other material useful in carrying out a floodplain management program.
H. Survey the enforcement of floodplain management ordinances.
I. Coordinate federal, state, and local floodplain management activities in the state.
History
- Statutory Authority: MS s 104.05
Minn. R. 6120.5600 Technical Standards and Requirements for Floodplain Evaluation
Subpart 1. Scope.
Except as otherwise provided herein, or as new hydrologic and hydraulic techniques of nationwide scope and acceptance are developed and deemed acceptable by the commissioner, any federal, state, or local agency, any of their consultants, or any private consultants involved in the establishment and/or implementation of floodplain management studies or programs in Minnesota shall comply with technical standards prescribed in all applicable sections of these standards and criteria.
Subp. 2. Flood frequency techniques for delineation of floodplain.
The regional flood shall serve as the basis for delineation of the floodplain and floodway for regulatory purposes.
The basic method of flood frequency analysis in the determination of regional flood flows shall be the log, Pearson Type III distribution (with log, normal as a special case) as described in the Federal Water Resources Council Bulletin 15, A Uniform Technique for Determining Flood Flow Frequencies, December 1967.
In those instances where inadequate stream flow data exists to allow use of the method outlined in the preceding paragraph, the commissioner may use or authorize use of other acceptable hydrologic methods or techniques.
Subp. 3. Determination of extreme flooding events.
Whenever the commissioner finds that sufficient technical information is available to estimate the magnitude of floods larger than the regional flood (such as the standard project flood) this information shall be made available by the commissioner to the local unit of government for use by the public as general information.
Subp. 4. Standards for technical hydrologic and hydraulic techniques in flood hazard evaluation.
In order to provide uniformity in the analysis of flood hazards and the effects of various artificial and natural obstructions to flood flows within floodplain areas the commissioner will adopt and require use of a uniform system for the analysis of technical factors including:
A. minimum required survey data needed to provide adequate vertical and horizontal ground control elevations and distances for the channel of a stream or river and the adjoining floodplain area;
B. referencing of bench marks used for vertical control data; and
C. procedures for computation of water surface profiles and analysis of backwater effects in floodplain areas.
History
- Statutory Authority: MS s 104.05
Minn. R. 6120.5700 Minimum Floodplain Management Standards for Local Zoning Ordinances
Subpart 1. In general.
The standards contained in this part apply to the amendment or creation of local floodplain zoning ordinances.
To provide for comprehensive floodplain management, supplemental measures as contained in part 6120.5900 shall be enacted consistent with these standards.
These standards and criteria are considered to provide only a minimum degree of flood protection for floodplain developments. Local governmental units may enact local floodplain regulations which exceed these standards.
Subp. 2. Minimum mapping standard.
All mapping used to delineate floodplain zoning districts shall include the following properly identified regulatory districts: floodplains, floodways, and flood fringe areas. Where adequate information is available the limits of the area subject to inundation by floods larger than the regional flood, as provided in part 6120.5600, subpart 3, shall be designated for public information purposes.
Local ordinances may superimpose the floodplain zoning districts on the prior official zoning map or the ordinance may adopt, by reference, a supplemental official map providing the supplemental map is approved by the commissioner.
The floodplain limits on the zoning map shall correspond to the actual area subject to inundation, not street or property lines, unless use of the latter would include all areas subject to inundation.
Subp. 3. Delineation of the floodplain.
Delineation:
A. The delineation of the floodplain shall be based on the flood protection elevation as set forth in subpart 5.
B. Procedures for floodplain determination shall conform to technical standards established in part 6120.5600, subparts 2 and 4. Each local floodplain zoning ordinance must include a floodplain map conforming to the standards established in subpart 2.
C. In special instances and upon approval of the commissioner, the use of other techniques such as maps indicating limits of past flooding, detailed soil maps, and/or aerial photographic interpretation may initially serve as a basis for the delineation of floodplains for regulatory purposes provided that:
D. Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor in locating the regulatory floodplain limits.
Subp. 4. Delineation of the floodway.
Local government floodplain zoning ordinances shall designate a floodway. Exceptions may be allowed by the commissioner for those conditions listed in subpart 3, item C. A portion of the floodplain, outside of the immediate channel of a watercourse, shall be selected and designated as the floodway by a local governmental unit upon approval of the commissioner. The selection must be based on an evaluation of the flood hazard for the area which may be involved or affected by such designation and must conform to the following standards:
A. The limits of the floodway shall be designated so that permissible encroachments on the floodplain will not cause an increase in stage of the regional flood of more than 0.5 feet in any one reach or for the cumulative effect of several reaches of a watercourse. If the increase in flood stage will materially increase the flood damage potential, the commissioner may require that such increases be less than 0.5 feet. The commissioner may authorize increases greater than 0.5 feet where studies show that further increases in flood stages will not materially increase the flood damage potential.
B. The limits of the floodway shall be based on a uniform degree of encroachment for a significant reach on both sides of a watercourse. Variances from this part may be authorized by the commissioner when topography, existing development patterns, and comprehensive land use plans justify a modified approach.
C. The floodway shall be determined consistent with minimum standards for technical hydrologic and hydraulic techniques and mapping standards contained in parts 6120.5600, subpart 4 and 6120.5700, subpart 2.
Subp. 5. Flood protection elevations.
The flood protection elevations shall correspond to a point not less than one foot above the water surface profile associated with the regional flood plus any increases in flood stages attributable to encroachments on the floodplain established under subpart 4, item A. The flood protection elevations shall be clearly lettered at identifiable positions on the official zoning district map consistent with the water surface profile of the regional flood, or the profile shall be attached to and made part of the official zoning district map.
History
- Statutory Authority: MS s 104.05
Minn. R. 6120.5800 Zoning: Land Uses Permitted in Floodway and Flood Fringe Areas
Subpart 1. Certification of compliance.
No vacant flood plain land shall be occupied or used and no building hereafter erected, altered, or moved shall be occupied until the applicant submits to the appropriate local official a certification by a registered professional engineer, land surveyor, or other qualified person designated by the local governing body that the finished fill and building floor elevations or other flood protection measures are in compliance with appropriate flood plain zoning provisions and other flood plain regulations.
Subp. 2. Removal of lands from a flood plain district.
The floodplain designation on official zoning maps shall not be removed from floodplain areas adjacent to and outside of floodways unless it can be shown that the areas are filled to an elevation at or above the flood protection level and are contiguous to other lands lying outside the floodplain district or unless flood control measures which meet the standards of part 6120.5900, subpart 6, items B, subitem (1) and D are constructed and operative.
Subp. 3. Permitted uses within the floodway or between levels.
Local zoning ordinances may designate specified uses as permitted or special permit uses provided such uses have a low flood damage potential and will not materially obstruct flood flows or increase velocities or stages of the regional flood. However, uses that are likely to cause pollution of waters, as defined in Minnesota Statutes 1969, section 115.01, are prohibited unless adequate safeguards approved by the state water pollution control agency are provided. All other uses are prohibited including storage of any potentially hazardous materials which if subject to flooding may become buoyant, flammable, explosive, or may be injurious to human, animal, or plant life. Permitted uses must not be detrimental to the uses permitted in adjoining districts. The following uses may be permitted within the floodway or between levees:
A. Uses having a low flood damage potential including agricultural uses, recreational uses, parking lots, loading areas, storage yards, airport landing strips, certain sand and gravel operations, water control structures, navigation facilities, and other open space uses.
B. Structures accessory to the above uses and commercial excavation and stockpiling of materials may be permitted if:
C. Channel and harbor connections to public waters, constructed under authority of Minnesota Statutes 1969, chapter 105, which can be shown will not cause material increases in flood stages within the floodplain and which will not increase the flood hazard to properties adjacent to the floodplain.
D. Public utility facilities and water oriented industries which must be adjacent to watercourses provided that the development is located in such a manner that it will not significantly alter flood flows, heights, or velocities of the regional flood. Whenever necessary, compensating measures shall be required to be undertaken to offset any adverse effects of allowing the use within the floodway and to keep increases in stages of the regional flood within the limits specified in part 6120.5700, subpart 4, item A.
Subp. 4. Development of flood fringe areas adjacent to and outside of floodways.
Development:
A. General provisions. All floodplain developments within designated flood fringe areas shall be compatible with local comprehensive plans. Floodplain developments shall not adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems.
B. Residential areas. The finished surface of the first floor or basement floor of any residential building or structure to be erected, constructed, reconstructed, altered, or moved on the floodplain shall ordinarily be placed on fill at or above the flood protection elevation. The fill shall be at or above the elevation associated with the regional flood plus any increase in the water surface elevation due to floodplain encroachment as described in part 6120.5700, subpart 4, item A. The fill shall extend at such elevation at least 15 feet beyond the limits of any structure or building erected thereon. Where existing streets or utilities are at elevations which make strict compliance with this provision impractical, the commissioner may authorize use of floodproofing or other measures or methods to provide protection to the flood protection elevation. Floodproofing or other protective measures may be allowed only upon issuance of a special use permit by the local governmental unit.
C. Commercial areas. Commercial buildings or structures generally are to be constructed on fill with no first floor or basement floor below the flood protection elevation. Accessory land uses such as yards, railroad tracks, and parking lots may be at lower elevations. However, in the absence of an adequate local flood warning system, no area shall be designed for use by the public which would be inundated to a depth greater than two feet or subjected to flood velocities greater than four feet per second upon the occurrence of the regional flood.
D. Manufacturing and industrial areas. Manufacturing and industrial buildings, structures, and appurtenant works shall be protected to the flood protection elevation. Measures shall be taken to minimize interference with normal plant operations especially for streams having protracted flood durations. Certain accessory land uses such as yards, railroad tracks, and parking lots may be at lower elevations subject to requirements of item C. Local ordinances shall give due consideration to needs of industries whose businesses require that they be located in a floodplain area.
E. Public utilities, roads, and bridges. Public utility facilities, roads, railroad tracks, and bridges within the floodplain should be designed to minimize increases in flood elevations and should be compatible with existing local comprehensive floodplain development plans. When failure or interruption of these public facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area, protection to the flood protection elevation shall be provided. Where failure or interruption of service would not endanger life or health, a lesser degree of protection may be provided for minor or auxiliary roads, railroad tracks, or utilities.
F. Storage of materials. Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life shall be stored at or above the flood protection elevation, floodproofed, or protected by structural measures consistent with the standards set forth herein. Furthermore, storage of materials likely to cause pollution of the waters, as defined in Minnesota Statutes 1969, section 115.01, if subject to flooding are prohibited unless adequate safeguards approved by the state water pollution control agency are provided.
Subp. 5. Nonconforming uses of the floodplain.
Local floodplain management ordinances may, where appropriate, provide for the gradual elimination of nonconforming uses within the floodway. Any addition or modification to a lawful nonconforming use shall be in conformance with the provisions of these standards and criteria and shall not increase the flood damage potential or increase the degree of obstruction to flood flows.
Nonconforming uses within the flood fringe may be continued provided that such uses will not have an unduly adverse effect on flood flows, velocities, or stages associated with the regional flood. Any addition or modification to a lawful nonconforming use within the flood fringe shall be in conformance with the provisions of these standards and criteria. Where applicable, provisions shall be made to allow the proposed modifications and additions to be protected to the flood protection elevation by an approved use of supplemental floodplain management measures as outlined in part 6120.5900.
History
- Statutory Authority: MS s 104.05
Minn. R. 6120.5900 Supplemental Standards and Criteria for Floodplain Management
Subpart 1. In general.
Supplemental measures for floodplain management should be included in local governmental comprehensive floodplain management programs and adopted or provided in addition to local zoning ordinances when sufficient technical data and resources are available for their effectuation. All local governmental units shall provide for control of the development and use of floodplains in flood hazard areas by adopting the following specific regulations and measures where practical to supplement and complement floodplain zoning ordinances and provide comprehensive floodplain management.
Subp. 2. Subdivision regulations.
Local government floodplain subdivision regulations shall regulate floodplain land subdivision in order to promote the public health, safety, and general welfare; promote wise use of floodplain lands; assure that floodplain lands are suitable for building sites and public improvements; provide for adequate drainage of the subdivided area; provide for ingress and egress to all lands involved; promote proper surveying, legal description, and monumenting of subdivided land; and establish procedures for vacating, correcting, and revising plats. The subdivision regulations shall establish standards for protection of roads, sewers, water supply, and other facilities from floods. In addition the regulations shall provide that:
A. the floodplain, floodway, and flood fringe areas as determined by standards set forth in part 6120.5600, subpart 4, be clearly labeled on the plat;
B. subdivision of lands within floodplain areas may not be approved if the cost of providing governmental services would impose an unreasonable economic burden on the local government unit; and
C. restrictive deed covenants shall be filed with the final plat and shall provide that the floodplain area be left essentially in the state shown on the plat, establish finished elevations of buildings, structures, and private streets and roads, and require that additions or modifications to these facilities will not violate any provisions of the floodplain zoning ordinances or supplemental regulations.
Subp. 3. Building codes.
Building codes shall provide for the control of the design, construction, addition, and modification of buildings or structures placed in floodplain areas under authorized floodplain management ordinances. Floodplain building codes shall provide for necessary construction measures to protect health, safety, and welfare and to reduce the damaging effects and hazards of floods subject to the following standards:
A. The degree of flood protection required for building construction by building codes shall be based on the flood protection elevation described in part 6120.5700, subpart 5, and on flood velocities and duration of the regional flood for the particular area.
B. Whenever feasible and compatible with floodplain zoning ordinances and other regulations, all new buildings or structures located, constructed, or reconstructed in the floodplain shall conform to the following provisions:
C. Alterations or additions to existing buildings or structures may be permitted if such will:
D. Where floodproofing is incorporated into new buildings or structures, and into alterations or additions to existing nonconforming structures, floodproofing measures shall be provided to the flood protection elevations described in part 6120.5700, subpart 5, and designed to withstand flood velocities, depths, durations, forces, and any other factors associated with the regional flood. A plan or document certified by a registered professional engineer or architect that the floodproofing measures are adequately designed to withstand regional flood conditions shall be submitted to the local government unit for approval before authorization is granted for the proposed work. Where this is not practical because of the particular circumstances, the commissioner may authorize other methods to determine the adequacy of floodproofing measures. Authorized floodproofing measures may include such provisions as anchorage of structures to prevent flotation, installation of watertight barriers over openings, reinforcement of walls to resist water pressures, use of materials to reduce wall seepage, construction or modification of water supply and waste disposal systems to prevent entry of flood waters, placement of essential utilities above the flood protection elevation, and installation of pumping facilities for internal and subsurface drainage.
Subp. 4. Sanitary regulations.
In addition to all applicable state rules, regulations, requirements and laws, and local laws, local sanitary regulations shall:
A. Require the floodproofing of proposed water supply systems in floodplain areas to prevent entry of flood waters by means of floodproofing techniques consistent with subpart 3, item D.
B. Control the location, construction, or modification of private and public liquid or solid waste treatment and disposal facilities in floodplain areas so that:
Subp. 5. Warning signs and public information regulations.
Local governmental regulations shall provide for adequate floodplain warning and public informational services as follows:
A. In urban areas the limits of the areas which have been or would be inundated by the regional flood or by experienced floods of greater magnitude shall be delineated in the field at reasonable intervals by means of firmly placed markers of a sufficient size to be easily read from a distance of 20 feet. The markers shall record the maximum known depth of flooding or height to the flood protection elevation, whichever is greater, as well as the zoned land use classification of the area involved. The local government unit may prescribe the shape, size, lettering, and installation instructions for floodplain markers. The cost of preparing and installing floodplain markers in future subdivided areas should be borne by the subdivider and the markers shall be installed prior to the sale of lots and construction of any buildings or structures. Provisions should be made to monument bench marks for vertical control data as provided in part 6120.5600, subpart 4.
B. To fulfill the intent of Minnesota Statutes 1969, section 104.03, every local governmental unit with flood hazard areas and a floodplain management program shall submit to the commissioner by March 30 an annual report outlining and summarizing the previous year's activity and progress in floodplain management activities on a form to be provided by the commissioner. The report shall include information as to:
Subp. 6. Measures for flood control.
When local floodplain management plans provide for structural works for flood control, such as levees, floodwalls, channel improvements, and reservoirs, all structural works or land treatment practices shall be consistent with the following statewide standards and criteria for floodplain management practices:
A. Any proposed work in the beds of public waters, as defined in Minnesota Statutes 1969, chapter 105, which will change the course, current, or cross-section of public waters of the state shall be subject to the provisions of Minnesota Statutes 1969, chapter 105, and other applicable statutes.
B. The minimum height and structural design of any dikes, levees, floodwalls, or similar structural works in place, or proposed to be placed in the floodplain shall be based on the flood profile of the regional flood confined between the structures subject to the following:
C. Flood protection elevations and floodway limits which reflect proposed measures for flood control shall not be effective until such measures are constructed and operative unless the proposed measures will increase flood heights in a given reach.
D. Floodplain development landward of any levee or floodwall shall provide for interior drainage including designation of ponding areas to protect against flooding from interior drainage.
Subp. 7. Criteria for commissioner's determination.
The criteria for the commissioner's determination of potential for high loss of life or property damage and requirement for higher levee elevation is as follows:
A. when the elevation of the standard project flood is more than three feet above the elevation of the 100-year flood;
B. when it is not possible to provide sufficient flood warning to evacuate the structures below the 100-year flood elevation during a flood predicted to be at or above the 100-year flood elevation; or
C. for Army Corps of Engineers flood control projects, the plan providing a higher level of flood protection is the recommended plan.
History
- Statutory Authority: MS s 103F.135; 103F.141; 103F.155; 104.05
- History: 20 SR 2287
Minn. R. 6120.6000 Regulation of Public Uses
In accordance with Minnesota Statutes 1969, sections 104.03 and 104.05, all state agencies and local units of government, in the construction of buildings, structures, roads, bridges, or other facilities located within floodplain areas delineated by local ordinances shall comply with the standards set out in these administrative rules.
History
- Statutory Authority: MS s 104.05
Minn. R. 6120.6100 Variance from Standards
Local governmental units may permit variances to the provisions of their floodplain management ordinances where it appears that by reason of exceptional circumstances the strict enforcement of the local ordinance would cause undue hardship and strict conformity with the standards would be unreasonable, impractical, and not feasible under the circumstances. Variances granted by local governmental units must be consistent with the general purpose of these standards and the intent of applicable state and national laws and programs. Although variances may be used to modify permissible methods of flood protection, no variance shall provide for a lesser degree of flood protection than stated in these standards.
History
- Statutory Authority: MS s 104.05
Minn. R. 6120.6200 General Administration of Floodplain Management Ordinances
Subpart 1. Procedures.
Local governmental units shall provide for the administration and enforcement of their floodplain management ordinances. To aid the commissioner in evaluating the effectiveness of local administration and enforcement, as provided in Minnesota Statutes 1969, section 104.03, the zoning administrator or other officer designated by the local governing body shall submit to the commissioner a copy of any application for a variance or special permit use where a hearing is to be held to consider such application. The commissioner shall receive at least ten days' notice of the hearing. Such notice shall specify the time, place, and subject matter of the hearing and shall be accompanied by such supporting information as is necessary to indicate the nature and effect of the proposed use. A copy of all decisions granting a variance or special permit to the provisions of the local floodplain management ordinance shall be forwarded to the commissioner within ten days of such action.
Subp. 2. Technical assistance.
The local governmental unit may request technical assistance from the commissioner in evaluating requests for variances or special permits to the local floodplain management ordinance. Such assistance shall be provided by the commissioner within the limits of available appropriations and personnel.
History
- Statutory Authority: MS s 104.05
Chapter 6122 LAKESHORE LEASE APPRAISALS
Minn. R. 6122.0100 Scope
Parts 6122.0100 to 6122.0400 provide methods for appraising state lands adjacent to public waters that are leased under Minnesota Statutes, section 92.46, and procedures for a lessee to challenge the appraised value of the lands.
History
- Statutory Authority: MS s 92.46
- History: 21 SR 715
Minn. R. 6122.0200 Definitions
Subpart 1. Scope.
The terms used in parts 6122.0100 to 6122.0400 have the meanings given them in this part.
Subp. 2. Appraised value.
"Appraised value" means the market value, as defined in subpart 11.
Subp. 3. Commissioner.
"Commissioner" means the commissioner of natural resources of the state of Minnesota or the commissioner's designated representative.
Subp. 4. Department.
"Department" means the Minnesota Department of Natural Resources.
Subp. 5. Fee simple estate.
"Fee simple estate" means absolute ownership unencumbered by any other interest or estate subject only to the four powers of government (eminent domain, escheat, police power, and taxation).
Subp. 6. Highest and best use.
"Highest and best use" means the reasonably probable and legal use of vacant land or an improved property. Criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum profitability.
Subp. 7. Improvements on a leased lot.
"Improvements on a leased lot" means any structures or things erected or constructed on a lot for its utilization including, but not limited to, buildings, fences, driveways, retaining walls, wells, and septic systems.
Subp. 8. Improvements to a leased lot.
"Improvements to a leased lot" means additions to the property to make it usable, including, but not limited to, curbs, drains, excavations, and fills.
Subp. 9. Lease.
"Lease" means a written document between a property owner as lessor and a lessee, by which the specified rights of use and occupancy of land are transferred by the owner to the lessee for a defined period of time in return for the lessee's payment of the lease fee and promise to abide by the terms and conditions of the lease. Lessor, for purpose of these rules, is the state of Minnesota acting by and through its commissioner of natural resources.
Subp. 10. Lease fee.
"Lease fee" means the annual rental charge the lessee must pay the lessor under the terms specified in the lease.
Subp. 11. Market value.
"Market value" also referred to as "appraised value" means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, between a prudent and knowledgeable buyer and seller, and assuming the price is not affected by undue stimulus. Market value is shown by the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
A. buyer and seller are typically motivated;
B. both parties are well informed or well advised, and acting in what they consider their best interests;
C. a reasonable time is allowed for exposure in the open market;
D. payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and
E. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.
Subp. 12. Mass appraisal.
"Mass appraisal" means the process of valuing a universe of leased lots as of a given date utilizing standard methodology, employing common data, and allowing for statistical testing.
Subp. 13. Minnesota Department of Revenue annual assessment data.
"Minnesota Department of Revenue annual assessment data" means the State Board of Equalization Summary of Board Orders (1994 Edition and subsequent editions) compiled by the Department of Revenue and issued through the property tax division of the department, containing data collected on sales of various land classifications from each county in the state. The annual assessment data are incorporated by reference. The annual assessment data are subject to frequent change, and are available through the Minitex interlibrary loan system.
Subp. 14. Subject lot.
"Subject lot" means the leased lot whose appraised value is being determined.
Subp. 15. Uniform Standards.
"Uniform Standards" means the Uniform Standards of Professional Appraisal Practice (1993 Edition and subsequent amendments) adopted by the Appraisal Standards Board of the Appraisal Foundation, which provide guidelines for the development of appraisal reports. The Uniform Standards are incorporated by reference. The Uniform Standards are subject to frequent change, and are available through the Minitex interlibrary loan system.
History
- Statutory Authority: MS s 92.46
- History: 21 SR 715
Minn. R. 6122.0300 Method of Determining a Lot's Appraised Value
Subpart 1. Estimated market value.
As the basis for a lease fee the commissioner shall determine an estimate of market value of the fee simple estate, subject to encumbrances of record, for each leased lot. Market value estimates will not include improvements on the leased lot, but will include improvements to a leased lot.
Subp. 2. Appraiser and reviewer appraisers standards.
All appraisals and appraisal reviews of leased lots shall be conducted by appraisers licensed under Minnesota Statutes, chapter 82B, or successor statutes. An appraiser must have obtained at least a classification 2 appraisal license. A review appraiser must have obtained at least a classification 3 appraisal license. Appraisers and review appraisers shall follow the standards contained in the most current edition of the Uniform Standards when performing appraisals and appraisal reviews of leased lots.
Subp. 3. Frequency of adjustments; phase-in of increased fees.
The lease fees shall be based on the appraised value of leased land as determined by the commissioner, and shall be adjusted by the commissioner at the fifth, tenth, and 15th anniversary of the lease if the appraised value has increased or decreased.
The lease fees established by parts 6122.0100 to 6122.0400 shall be effective for lease periods after November 25, 1996. Any increased fee shall be phased in by three equal annual increments as provided by Minnesota Statutes, section 92.46, subdivision 3.
Subp. 4. Adjustment of appraised value of leased lots.
Without reappraisal, the commissioner may determine a subject lot's appraised value by adjusting the last appraised value of the subject lot for time. This adjustment shall be:
A. based upon the Minnesota Department of Revenue annual assessment data for property of the same highest and best use within the same or adjacent county as the subject lot; and
B. made in an amount equal to the percentage change in market value between the dates of the last appraisal or adjustment and the current adjustment, based on the most recent Minnesota Department of Revenue annual assessment data available.
Subp. 5. Appraisal of leased lots.
The commissioner shall determine when the appraised value of the leased lots shall be based on new appraisals. The commissioner's decision to appraise will depend on staffing, the degree of fluctuation in real estate values in certain areas of the state, and fiscal constraints.
Subp. 6. Method of appraisal.
The commissioner shall determine the appropriate method to use to appraise the leased lots.
Subp. 7. Mass appraisal of leased lots.
The commissioner shall use mass appraisal of leased lots rather than individual leased lot appraisals, whenever practicable. Mass appraisals will be developed and reported by an appraiser in compliance with the Uniform Standards.
Subp. 8. Single leased lot appraisal.
Any leased lot may be appraised individually when the commissioner has sufficient reason to believe the expense of single leased lot appraisals are warranted, or the mass appraisal method is not applicable. All single leased lot appraisals shall be developed and reported by an appraiser in compliance with the Uniform Standards.
Subp. 9. Lots previously appraised.
The commissioner may rely on the appraised value of leased lots appraised pursuant to Minnesota Statutes, section 92.67, for the lakeshore sales program, during the years 1988 through 1993. Whenever feasible, the commissioner may assign the appraised value of a sale lot to similar leased lots located in the same plat, or on the same lake as the sale lot.
Subp. 10. Minimum appraised value.
The minimum appraised value of leased lots must be substantially equal to the county assessor's estimated market value of similar land adjusted by the assessment/sales ratio as determined by the Minnesota Department of Revenue.
History
- Statutory Authority: MS s 92.46
- History: 21 SR 715
Minn. R. 6122.0400 Appeals
Subpart 1. Right to appeal.
A lessee may appeal the appraised value of a leased lot when the lessee has good cause to believe the value is in error. Requests for appeal must be signed by all parties to the lease, other than the commissioner, and all parties having a property interest in the improvement on the lease, including contract vendors and vendees. Any appeal must follow the applicable steps stated in this part. A lessee must pay the annual lease fee while the appeal is being decided. If the appeal results in a lower lease fee than paid, the department shall issue a credit to the lessee's account in an amount not to exceed the current year's rent and the department shall issue a refund for any balances.
The lessee shall have 45 calendar days from the date of mailing of notification of a lease fee adjustment to appeal the valuation. Appeals of the decisions made under Steps 1 or 2 must be made within 45 days following mailing of notification of the decisions under Steps 1 or 2. Failure on the part of the lessee to notify the commissioner in writing of the intent to appeal each decision within the referenced time frames shall be deemed consent for the commissioner to proceed with that decision.
Subp. 2. Step 1 of appeal.
If the lessee does not agree with the commissioner's appraised value of the leased lot, the lessee shall submit a written appeal to the Department of Natural Resources, Bureau of Real Estate Management, Box 30, 500 Lafayette Road, St. Paul, MN 55155-4030, for a review of the appraised value of a leased lot. The lessee must submit factual documentation to support a request for a review of the appraised value of the leased lot. Documentation to support the lessee's appeal may consist of recent comparable sales data, an appraisal report performed by an appraiser licensed by Minnesota, who has obtained at least a classification 2 appraisal license, or other market evidence. If a lessee will be submitting an appraisal in Step 1, the lessee shall have 45 calendar days from the date of notification of a lease fee adjustment to submit an appraisal. The lessee will be responsible for payment of the appraiser. The commissioner may request assistance from sources outside the department, such as state agencies, county officials, or real estate professionals, to review and recommend action. The commissioner shall recommend resolution for each appeal on the basis of information made available by the lessee, department staff, and any other sources. The commissioner must review a lessee's appeal and send a decision to the lessee within 60 calendar days of receiving the lessee's appeal or send notice of a delay which provides an estimate of when the decision will be mailed.
If, in the opinion of the commissioner, sufficient evidence is provided by the lessee to adjust the appraised value, the commissioner shall set the amount of the adjustment based on the lessee's information. If insufficient evidence is provided by the lessee, the commissioner must deny the appeal and provide an explanation of the denial. If the lessee does not agree with the commissioner's decision in Step 1, the lessee may go to Step 2 of the appeal. If the lessee provided an appraisal in Step 1, the commissioner denied the appeal, and the lessee does not agree with the decision in Step 1, the lessee may proceed directly to Step 3. The commissioner shall return a lessee's appraisal subsequent to each decision.
Subp. 3. Step 2 of appeal.
If the lessee does not agree with the decision in Step 1, the lessee must submit a written appeal within the time period described in subpart 1 to the commissioner stating the reason for disagreement or objection to the appraised value. The lessee shall have 45 calendar days from the date of the commissioner's decision in Step 1 to provide an appraisal of the leased lot to the commissioner, supporting the lessee's appeal. The appraisal must be prepared by an appraiser licensed in Minnesota, who has obtained at least a classification 2 appraisal license. The lessee will be responsible for payment of the appraiser. The commissioner may request assistance from sources outside the department, such as state agencies, county officials, or real estate professionals, to review and recommend action. The commissioner shall recommend resolution on the basis of information made available by the lessee, department staff, and any other sources. Within 60 calendar days of the commissioner receiving the lessee's appeal appraisal, the lessee must be notified of the commissioner's decision or be given a notice of delay which provides an estimate of when the decision will be mailed.
Subp. 4. Step 3 of appeal.
If the lessee does not agree with the decision in Step 2, or Step 1 if an appraisal was previously submitted, the lessee must submit a written appeal to the commissioner stating a desire to go to binding arbitration. The commissioner must receive the lessee's written appeal within 30 calendar days of the lessee receiving the commissioner's decision in Step 2, or Step 1 if an appraisal was previously submitted. Once the commissioner receives the lessee's written appeal, the commissioner and the lessee shall have 15 days to discuss whether or not to hold an arbitration hearing. If the lessee does not express a preference, the arbitration will proceed without a hearing.
A. The lessee shall be responsible for paying 50 percent of the cost of arbitration. The lessee must submit $500 with the appeal in a cashier's check or certified check as a down payment to pay for the lessee's share of the cost of arbitration. Any part of the down payment not used shall be refunded. Any cost in excess of the down payment will be billed and the lessee shall be liable for paying that bill within 30 calendar days of receipt. If the amount due remains unpaid beyond 30 days, it shall accrue interest at the maximum rate permitted by Minnesota Statutes, section 334.01, subdivision 1, from the date of billing and shall be added to the lease fee. If the amount due remains unpaid when the next lease payment is due, it shall be grounds for canceling the lease.
B. The commissioner and the lessee must mutually agree on an arbitrator who shall be selected from a list of professional appraisers provided to the lessee by the commissioner within 15 days of the commissioner and the lessee deciding whether to waive or hold an arbitration hearing. An arbitrator shall be a professional appraiser licensed in Minnesota, who has obtained at least a classification 3 appraisal license. If the lessee fails to select an arbitrator within the specified time, the commissioner shall select an arbitrator. Within 15 days of selecting the arbitrator, the commissioner shall give written notice to the arbitrator of intent of the commissioner and the lessee to resolve the dispute by binding arbitration. The notice shall set forth the nature of the dispute and the remedy sought. If the arbitrator selected is unable to serve, the process will be repeated.
C. If the commissioner and the lessee agree to waive an arbitration hearing, the commissioner and the lessee must each submit an appraisal to the arbitrator within 15 calendar days after the commissioner's notice to the arbitrator. The arbitrator shall reach a decision based on a review of the commissioner's and the lessee's appraisals. The arbitrator shall have 30 calendar days to review both appraisals and issue findings. The commissioner and the lessee must mutually agree upon an extension of time if requested by the arbitrator, at which time the arbitrator will be given no more than five working days to reach a decision and submit the findings to the commissioner and the lessee. The arbitrator's decision is final and binding on the commissioner and the lessee and there shall be no further appeals. The arbitrator shall return the commissioner's and the lessee's appraisals with the final decision.
D. If the commissioner and the lessee agree to hold an arbitration hearing, the commissioner, after consulting with the lessee and the arbitrator, shall set a date, time, and place for the hearing and send notice of the hearing to the lessee and the arbitrator. The commissioner and the lessee must each submit an appraisal to the arbitrator 30 days prior to the hearing. The hearing shall be limited to three hours, unless the parties agree on an extension of time. The hearing procedures are as outlined in subitems (1) to (9).
History
- Statutory Authority: MS s 92.46
- History: 21 SR 715
Chapter 6125 MINERAL RESOURCES
Minn. R. 6125.0100 Purpose
The purpose of parts 6125.0100 to 6125.0700 is to promote and regulate exploration for, mining, and removing ores that are primarily valuable for their metallic minerals content, and the rules hereunder shall be construed to carry out that purpose.
History
- Statutory Authority: MS s 93.08 to 93.12; 93.25
- History: 12 SR 2512; 19 SR 2434
Minn. R. 6125.0200 Definitions
Subpart 1. Scope of terms.
For purposes of parts 6125.0100 to 6125.0700, the following words have the meanings given them.
Subp. 1a. Associated mineral products.
"Associated mineral products" means those intermingled or associated materials and substances recovered from each ton of crude ore mined from the mining unit that are excluded from the definition of metallic minerals.
Subp. 2. Commissioner.
"Commissioner" means the commissioner of natural resources of the state of Minnesota, or the commissioner's designated representative.
Subp. 2a. Metallic minerals.
"Metallic minerals," whether singular or plural, means any mineral substances of a metalliferous nature, except iron ores and taconite ores.
Subp. 3. Mining unit.
"Mining unit" means the land and water area designated as such by the commissioner, wherein the state owns an interest in the minerals and mineral rights.
Subp. 4. Ton.
"Ton" means 2,000 pounds avoirdupois after removal of all free moisture from the material weighed, by drying at 212 degrees Fahrenheit.
Subp. 5. Troy ounce.
"Troy ounce" means a unit of mass equal to 480 grains or 31.1035 grams or 1.0971 avoirdupois ounces.
History
- Statutory Authority: MS s 93.08 to 93.12; 93.25
- History: 12 SR 2512
Minn. R. 6125.0300 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.0400 Leases
The commissioner, with the approval of the state Executive Council, may issue leases to explore for, mine, and remove metallic minerals on lands where an interest in the minerals is owned by the state, including trust fund lands, land forfeited for nonpayment of taxes and held in trust by the state, lands where severed mineral interests have forfeited under Minnesota Statutes, section 93.55, lands where severed mineral interests have been otherwise acquired, lands where severed mineral interests may be leased by the commissioner under Minnesota Statutes, section 93.55, subdivisions 1a and 3, the beds of public waters, and lands otherwise acquired that have been designated by the commissioner as mining units. Each lease shall cover one mining unit. No lease shall be issued for a term longer than 50 years.
History
- Statutory Authority: MS s 93.08 to 93.12; 93.25
- History: 12 SR 2512; 19 SR 2434
Minn. R. 6125.0410 Qualification to Hold Lease and Authorization to Conduct Geological Data Gathering Activities
The right to apply for, acquire, and hold a lease to prospect for, mine, and remove metallic minerals owned by the state, and the right to apply for and to hold an authorization to conduct geological data gathering activities, are subject to items A and B.
A. The applicant is qualified to do business in Minnesota as shown by:
B. The applicant is qualified to conduct exploratory borings in Minnesota by fulfilling the requirements of Minnesota Statutes, section 103I.601, subdivision 3. The commissioner may request additional evidence that the applicant is technically and financially capable of performing under the terms of a state minerals lease or an authorization to conduct geological data gathering activities and that the applicant has shown the capability to comply with environmental laws and permits. Such evidence may include but is not limited to a corporate report, an audited financial statement, resumes of corporate officers, and evidence of past compliance with environmental laws and permits in this or other states or in other countries. If such evidence is requested, the applicant must submit the evidence within 45 days of receipt of the request.
History
- Statutory Authority: MS s 93.08 to 92.12
- History: 19 SR 2434
Minn. R. 6125.0420 Notices of Public Lease Sales, Negotiated Leases, and Preference Rights Leases
The commissioner shall maintain a list of all persons who have registered with the department for the purpose of receiving notices of public lease sales, the filing of applications for negotiated leases, and notices of intent to offer lands available through preference rights leasing. The department may inquire as to whether those persons on the list wish to maintain their names on the list and may remove names for which there is a negative reply or no reply within 60 days.
When the commissioner publishes a notice under part 6125.0500, subpart 1, or 6125.0610, subpart 2, or receives an application under part 6125.0600, a copy of the notice or application shall be sent to all persons registered with the department to receive the notices.
History
- Statutory Authority: MS s 93.08 to 92.12
- History: 19 SR 2434
Minn. R. 6125.0500 Public Sale of Leases
Subpart 1. Time, place, and notice.
Except as otherwise expressly provided by law, or as otherwise provided in parts 6125.0600 and 6125.0610, leases to explore for, mine, and remove metallic minerals owned by the state shall be issued only upon public sale authorized by the commissioner.
The public sale of leases shall be held at such times and places as may be designated by the commissioner. The commissioner shall give public notice of intent to hold a public sale by publication in the State Register and the EQB Monitor and such other publications as the commissioner may direct at least 90 days prior to the proposed date of sale. The commissioner shall give public notice of each sale by publication for three successive weeks in a qualified newspaper that has its known office of issue in the county seat of the county in which the mining units to be leased are located. If no qualified newspaper has its known office of issue in the county seat of a particular county, then notice must be published in the qualified newspaper designated as the publisher of the official proceedings of the county board of that county. The first publication shall be at least 30 days before the date of sale. Like notice shall be published in the State Register and the EQB Monitor and may be published in additional newspapers and trade magazines as the commissioner may direct. Each notice shall contain the following information:
A. time and place of holding the sale;
B. the place or places where the list of mining units to be offered for sale will be available for purchase or inspection, and where bid forms may be obtained; and
C. such other information as the commissioner may direct.
Subp. 2. Mining unit books.
Those interested in obtaining a copy of the mining unit book may obtain one by submitting a request to the commissioner. The request must be accompanied by a check or money order, payable to the Department of Natural Resources, in the amount specified by the commissioner, based on copying and mailing costs, as a fee for a mining unit book. Unit books will be available for inspection at the Hibbing and Saint Paul offices of the Division of Minerals, Department of Natural Resources.
Subp. 3. Bids.
Bids shall be submitted on a form obtained from the commissioner. The bid form must require identification of which mining units, as designated in the mining unit book, are being bid upon. The bid form will also require identification of the additional bid royalty rate offered for each mining unit being bid upon. Each bid form must be accompanied by a certified check, cashier's check, or bank money order, payable to the Department of Natural Resources, in the sum of the following amounts:
A. an application fee of $100 for each mining unit being bid upon; and
B. rental for one full calendar year for each mining unit being bid upon. For the purposes of the bid, the rental is calculated at $1.50 per acre times the gross acreage of the lands offered for lease. The remaining rentals, due at the time the lease is issued, shall be due upon the effective date of the lease. The bid form, together with the certified check, cashier's check, or bank money order, shall be submitted in a sealed envelope marked CONFIDENTIAL - BIDS FOR STATE MINERAL LEASES. Each sealed bid envelope shall be delivered in person or by mail to the commissioner at Saint Paul, Minnesota. Bids may be submitted at any time before 4:30 p.m., Saint Paul, Minnesota time, on the last business day before the day specified for the opening of the bids, and no bids submitted after that time shall be considered. Upon receipt, the commissioner shall endorse upon each sealed bid envelope the exact time of presentation and preserve the same, unopened in the commissioner's office. At the time specified, the commissioner shall then publicly open the bids and announce the amount of each bid separately. The commissioner shall request each high bidder to provide evidence the bidder is qualified to hold state mineral leases pursuant to part 6125.0410. The evidence must be provided within 45 days of the request from the commissioner or the bids from that high bidder will be rejected.
Subp. 4. Issuance of leases.
Leases shall be awarded by the commissioner, with the approval of the state Executive Council, to the highest bidder for the respective mining units, but no bids shall be accepted that do not equal or exceed the base royalty rates in part 6125.0700. The right is reserved to the state, through the Executive Council, to reject any or all bids. Tie bids will be resolved by the commissioner, with the approval of the state Executive Council, by the random drawing of the name of one tied bidder from a pool comprised of the names of all the tied bidders. Upon the award of a lease, the application fee submitted with the bid shall be deposited with the commissioner of management and budget as a fee for the lease. All bids not accepted shall become void, and the application fee and rental payment accompanying the bids shall be returned to the respective bidders; provided, however, the application fee and rental payment accompanying a bid shall not be returned if the bidder was the high bidder and subsequently withdrew the bid prior to the awarding of a lease.
History
- Statutory Authority: MS s 93.08 to 93.12; 93.25
- History: 12 SR 2512; 19 SR 2434; L 2003 c 112 art 2 s 50; L 2009 c 101 art 2 s 109
Minn. R. 6125.0600 Negotiated Leases
Subpart 1. Purpose and eligibility for negotiated leases.
When the commissioner finds that the best interests of the state will be served and the circumstances in this subpart exist, the commissioner, with the approval of the Executive Council, may issue a lease to explore for, mine, and remove metallic minerals through negotiations, to an applicant qualified under part 6125.0410.
A lease may be issued through negotiations under any of the following circumstances:
A. the state's mineral ownership interest in the lands to be leased is an undivided fractional interest and the applicant holds under control a majority of the remaining undivided fractional metallic mineral interests in the lands to be leased;
B. the applicant holds a state metallic minerals lease covering other lands within the same government section of land;
C. the applicant holds, within one-half mile of the requested lands to be leased, a state metallic minerals lease or a private metallic minerals lease and no other party holds a state metallic minerals lease covering land within the same government section of land where the requested lands to be leased are located; or
D. the lands to be leased contain an identified mineral resource, and the applicant holds under its control the majority of the same type of minerals in the remaining lands containing the identified mineral resource.
Subp. 2. After acquired or later identified state mineral ownership.
The state may acquire additional mineral ownership in a government section where its mineral interests are held under a metallic minerals lease or there may be identification of additional state mineral ownership not known at the time the state mineral ownership in that government section of land was leased. When an applicant applies for a negotiated lease under these circumstances and the commissioner determines it is in the best interests of the state to issue a negotiated lease to the applicant, the royalty rate for the newly acquired or identified lands shall be the same as that contained in the state mineral lease held by the applicant if there has been no new drilling or production since the state metallic minerals lease was issued under parts 6125.0100 to 6125.0700.
Subp. 3. Application for negotiated lease.
Applications for a negotiated lease shall be submitted on a form obtained from the commissioner and shall contain information as the commissioner may prescribe. The applicant shall submit with the application a certified check, cashier's check, or bank money order, payable to the Department of Natural Resources in the sum of $100 as a fee for filing the application. The application fee will not be refunded under any circumstances.
The right is reserved to the state to reject any or all applications for negotiated leases.
Subp. 4. Issuance of lease.
The leases so issued shall be in the form set forth in part 6125.0700, with such additional terms and conditions consistent with the lease as may be agreed upon. The rental and royalty rates agreed upon shall be not less than those prescribed in part 6125.0700.
No lease shall be issued under this part for the removal of metallic minerals from any mining unit for which notice of public sale has been published, until the public sale has been held.
History
- Statutory Authority: MS s 93.08 to 93.12; 93.25
- History: 12 SR 2512; 19 SR 2434
Minn. R. 6125.0610 Preference Rights Leases
Subpart 1. Purpose.
When the commissioner determines the best interests of the state will be served, the commissioner may establish a list of mining units available for preference rights leasing through application. Mining units may only be included in the preference rights lease availability list if they do not contain an identified mineral resource and the area is not being explored by multiple parties.
Subp. 2. Compilation of preference rights lease availability list.
Mining units may be included in a preference rights lease availability list only if they meet all of the following criteria:
A. the mining unit has been offered at a public metallic minerals lease sale held under parts 6125.0100 to 6125.0700 after December 31, 1994;
B. the mining unit has been offered at a public metallic minerals lease sale held under parts 6125.0100 to 6125.0700 within the last four years;
C. the mining unit does not contain an identified mineral resource;
D. state metallic minerals leases are not in effect within three miles of the mining unit, unless the state metallic minerals leases are held by only one party;
E. a state metallic minerals lease is not in effect for other lands in the same government section of lands as covered by the mining unit under consideration; and
F. the mining unit is not within an area being offered at a public metallic minerals lease sale, as identified through a published notice of intent to hold a public metallic minerals lease sale. Parties may submit to the commissioner suggestions of mining units to be considered for inclusion on the preference rights lease availability list. Prior to including selected mining units on the preference rights lease availability list, the commissioner shall give public notice of intent to offer mining units available through preference rights leasing. The public notice shall be published in the State Register, the EQB Monitor, and a qualified newspaper that has its known office of issue in the county seat of the county in which the mining units to be included on the preference rights lease availability list are located. If no qualified newspaper has its known office of issue in the county seat of a particular county, then notice must be published in the qualified newspaper designated as the publisher of the official proceedings of the county board of that county. Like notice may be published in other publications as the commissioner may direct. The notice shall be published at least 30 days prior to including the selected mining units on the preference rights lease availability list. The commissioner may add mining units to the preference rights lease availability list only on the first business day of each month. The commissioner may withdraw mining units from the preference rights lease availability list at any time. Mining units shall be deemed withdrawn from the preference rights lease availability list without any further action by the commissioner as soon as the mining units no longer meet the criteria to be included on the list. A written record must be maintained of the date and time of all additions and withdrawals from the preference rights lease availability list.
Subp. 3. Preference rights lease availability list.
The preference rights lease availability list must be maintained and available for inspection in the office of the Division of Minerals, Department of Natural Resources, 500 Lafayette Road, Saint Paul, Minnesota 55155-4045.
Those interested in obtaining a copy of the preference rights lease availability list may obtain one by submitting a request to the commissioner. The commissioner shall charge a fee for each copy of the list based on copying and mailing costs.
Subp. 4. Application for preference rights lease.
Application for a preference rights lease shall be submitted on a form obtained from the commissioner and shall contain information the commissioner may prescribe. The applicant shall submit with the application evidence that the applicant is qualified to hold a mineral lease as specified in part 6125.0410. The applicant shall submit with the application a certified check, cashier's check, or bank money order, payable to the Department of Natural Resources, in the sum of the following amounts:
A. an application fee of $100 for each mining unit for which a preference rights lease is requested; and
B. rental for one full calendar year for each mining unit for which a preference rights lease is requested. For the purposes of this payment, rental is calculated at $1.50 per acre times the gross acreage of the lands for which a preference rights lease is requested. The remaining rentals, due at the time the lease is issued, shall be due upon the effective date of the lease. If the application for a preference rights lease is rejected, the rental payment accompanying the application shall be returned to the applicant. The application fee will not be refunded under any circumstances. Applications may be submitted in person or by mail to the office of the Division of Minerals, Department of Natural Resources, 500 Lafayette Road, Saint Paul, Minnesota 55155-4045. Applications will only be accepted during the hours of 8:30 a.m. to 4:00 p.m. on regularly scheduled business days. Applications received at any other time will not be officially accepted until the next regularly scheduled business day, and the commissioner assumes no responsibility for applications submitted in person at any time other than the time specified in this subpart. Applications will not be accepted by facsimile transmission.
Subp. 5. Commissioner's review of application.
Within ten days after receipt of an application, the commissioner will send written acknowledgment that the application was received. The commissioner must review the application to determine if:
A. the application was completed and signed;
B. the application fee was submitted; and
C. evidence of qualification to hold a state lease, as specified in part 6125.0410, was submitted. The applicant must also be advised if additional evidence is required by the commissioner to determine if the applicant is qualified to hold a state lease as specified in part 6125.0410.
Subp. 6. Rejection of application.
Applications for preference rights leases will be rejected by the commissioner under the following circumstances:
A. the application was not completed or signed;
B. the application fee was not submitted;
C. the applicant failed to submit evidence of qualification to hold a state lease as specified in part 6125.0410, or the applicant failed to submit additional evidence, within 45 days of receipt of the commissioner's request, as to qualification to hold a state lease as specified in part 6125.0410;
D. there was a simultaneous filing of applications for a preference rights lease on the same mining unit and more than one of the applicants meets the requirements of part 6125.0410. For the purpose of parts 6125.0100 to 6125.0700, "simultaneous filings" means filings that arrive in the mail or in person on the same day;
E. an application for a preference rights lease was filed on a prior day for the same mining unit and the commissioner has determined that the prior applicant meets the requirements of part 6125.0410, and the prior application is not rejected pursuant to this part;
F. the mining unit was not on the preference rights lease availability list at the time of the application; or
G. the mining unit had been deemed withdrawn from the preference rights lease availability list prior to the time of application because the mining unit no longer met the criteria to be included on the preference rights lease availability list. Prior to filing an application for a preference rights lease, any party may contact the commissioner for information as to whether the circumstances described in this part exist as to the mining units the party is interested in for a lease. Prior to filing an application for a preference rights lease, any party may contact the commissioner for a review of the party's qualification to hold a mineral lease as specified in part 6125.0410. The right is reserved to the state to reject any or all applications for preference rights leases. However, if the commissioner rejects the application based on item D, then no preference rights lease may be issued for the mining unit until after it has first been offered at public lease sale.
Subp. 7. Issuance of leases.
A lease shall be awarded by the commissioner, with the approval of the state Executive Council, to the first qualified applicant who files an application that is not rejected pursuant to subpart 6. The preference rights leases so issued shall be in the form set forth in part 6125.0700. The rental and royalty rates shall not be less than those prescribed in part 6125.0700.
Subp. 8. Report to state Executive Council.
The commissioner must provide annual reports to the state Executive Council on the use and results of the preference rights leasing system.
History
- Statutory Authority: MS s 93.08 to 92.12
- History: 19 SR 2434
Minn. R. 6125.0620 Authorization to Conduct Geological Data Gathering Activities
As an alternative to applying for a state mineral lease, any party may apply to the commissioner for authorization to conduct geological data gathering activities on state-owned land. The applicant must meet the qualifications to hold an authorization to conduct geological data gathering activities as specified in part 6125.0410.
For the purposes of this authorization, geological data gathering activities include geophysical and geochemical activities, sampling of glacial overburden, and the sampling and drilling of bedrock, provided that any drilling and sampling of bedrock is limited to a maximum penetration of 20 feet into bedrock. Each authorization granted by the commissioner is limited to the size of one township, or portion of the township. The fee for each authorization is $100. The authorization does not grant any rights to a mineral lease and is nonexclusive.
History
- Statutory Authority: MS s 93.08 to 92.12
- History: 19 SR 2434
Minn. R. 6125.0700 Form of Lease
The form of lease for exploration for, mining, and removing metallic minerals belonging to the state shall consist of the following provisions, with insertions, changes, or additions as may be necessary to incorporate the royalty rates and other particulars applicable to each lease as may be authorized under parts 6125.0100 to 6125.0700:
This lease agreement is entered into on the ______ day of ___________, __. The parties to this lease are the State of Minnesota, called the state, and ____________________________, called the lessee.
-
Term; description of mining unit. The state, in consideration of the sum of ______ Dollars, paid by the lessee, being the rental provided in this lease for the unexpired portion of the current calendar year and for the next succeeding two (2) calendar years, the receipt whereof is hereby acknowledged, and in further consideration of the covenants and conditions of this lease to be performed by the lessee, agrees to lease to the lessee for a term of ____________________ (__) years beginning the __________ day of ______________, __, the following-described mining unit, situated in the county of _________________________, in the State of Minnesota:
-
Definitions. For the purposes of this lease, the following words have the meanings given them:
a. "Associated mineral products" means those intermingled or associated materials and substances recovered from each ton of crude ore mined from the mining unit that are excluded from the definition of metallic minerals.
b. "Commissioner" means the commissioner of natural resources of the state of Minnesota, or the commissioner's designated representative.
c. "Metallic minerals," whether singular or plural, means any mineral substances of a metalliferous nature, except iron ores and taconite ores.
d. "Ton" means 2,000 pounds avoirdupois after removal of all free moisture from the material weighed, by drying at 212 degrees Fahrenheit.
e. "Troy ounce" means a unit of mass equal to 480 grains or 31.1035 grams or 1.0971 avoirdupois ounces.
- Use of surface of lands. The mining unit is leased to the lessee for the purpose of exploration for, mining, and removing ores primarily valuable for metallic minerals content that are found on or in the mining unit.
The lessee has the right to construct or make buildings, excavations, openings, ditches, drains, railroads, roads, and other improvements on the mining unit as necessary or suitable for those purposes. All buildings and ditches must be constructed according to applicable local ordinances. The locations of railroads, roads, and other improvements are subject to review by the commissioner. The lessee has the right to mill and concentrate the ore so mined, either upon the mining unit or elsewhere, but the right to mill and concentrate does not include the right to reduce or smelt ore upon the mining unit without an agreement between the lessee and the commissioner, authorizing that use of the surface of the land and providing for the necessary protection of life and property. The lessee may contract with others for doing any work authorized or required under this lease, or for the use of the mining unit or any part of it for the purposes of the lease, but no contract of this type relieves the lessee from any duty, obligation, or liability under the lease. No such contract providing for shipping, handling, or removal of ore bearing material becomes effective for any purpose until three executed duplicates of the contract have been filed with the commissioner.
- State's right to lease iron ores, taconite ores, coal, oil, gas, and other liquid or gaseous hydrocarbon substances. The state reserves the right to lease or grant to other persons or corporations the right to explore for, mine, remove, and beneficiate iron ores, taconite ores, coal, oil, gas, and other liquid or gaseous hydrocarbon substances, that are located in the mining unit. The state agrees that any permit or lease granted by it to any person or corporation to explore for, develop, mine, or dispose of the iron ores, taconite ores, coal, oil, gas, and other liquid or gaseous hydrocarbon substances shall contain a provision that the permittee or lessee shall exercise those rights so as not to cause any unnecessary or unreasonable injury or hindrance to the operations of the lessee of this lease in the exploration for, or the development, mining, or removal of metallic minerals other than iron ores, taconite ores, coal, oil, gas, and other liquid or gaseous hydrocarbon substances covered by that permit or lease. The lessee of this lease agrees that it will exercise the rights granted to it by this lease in such manner as not to cause any unnecessary or unreasonable injury or hindrance to the operations of any permittee or lessee of the state in the exploration for, or the development, mining, or removal of iron ores, taconite ores, coal, oil, gas, and other liquid or gaseous hydrocarbon substances.
Written notice shall be provided by the commissioner to the lessee whenever the commissioner is planning to issue a mineral lease according to the rights reserved under this paragraph. The commissioner must meet with the lessee to obtain information for terms and conditions under which multiple mineral development could occur.
-
State's right to lease surface and sell timber. The state reserves the right to sell and dispose of all the timber upon the mining unit without hindrance from the lessee and according to the law now or hereafter governing the sale of timber on state lands, and reserves to the state and to the purchaser of the timber, and the purchaser's agents, the right at all times to enter the mining unit, and to cut and remove timber from it according to the terms of the purchaser's permit from the state. The timber purchaser shall not unduly interfere with the exploration or mining operations. The state further reserves the right to grant leases, permits, or licenses to any portion of the surface of the mining unit to any person, partnership, corporation, or other association under the authority of Minnesota Statutes, section 92.50, or other applicable laws, after consultation with lessee. The surface leases, permits, or licenses shall not unduly interfere with the exploration or mining operations conducted on the mining unit.
-
Annual rental. The lessee agrees to pay to the state rental for the mining unit at the rate of $1.50 per acre of land and water area included in the mining unit, per calendar year, payable in advance, for the unexpired portion of the current calendar year from the effective date of this lease and for the next succeeding two calendar years; and after that time at the rate of $5 per acre per calendar year, payable quarterly for the three succeeding calendar years; and after that time at the rate of $15 per acre per calendar year, payable quarterly for the five succeeding calendar years; and after that time at the rate of $30 per acre per calendar year, payable quarterly for the remainder of the term of this lease.
The mining unit may include lands where an interest in the minerals is owned by the state, including trust fund lands, land forfeited for nonpayment of taxes and held in trust by the state, lands where severed mineral interests have forfeited under Minnesota Statutes, section 93.55, lands where severed mineral interests have been otherwise acquired, lands where severed mineral interests may be leased by the commissioner under Minnesota Statutes, section 93.55, subdivisions 1a and 3, the beds of public waters, and lands otherwise acquired. Any amount paid for rental, at the time of payment, shall be allocated to the proper fund as determined by the mineral ownership.
Any amount paid and accrued for rental in excess of the rate of $5 per acre per year for any calendar year shall be credited on any royalty that may become due for ore removed under this lease during the same calendar year in which the rental was due but no further, and only to the extent that the rental was paid or deposited into the particular fund to which the royalty for the ore is due. Any amount paid for royalty in excess of rental at the rate of $5 per acre per year for any calendar year must be credited on rental, if any, subsequently accruing for that same calendar year but no further, and only to the extent that the royalty was paid or deposited into the particular fund to which the rental is due.
Rental payments must be made on or before May 20, August 20, November 20, and February 20 for the previous calendar quarters. The first calendar quarter is the first three calendar months of the year, and so on. Any rental payments not received by the date due are subject to interest at the rate of six percent per year from the due date.
When the lessee exercises the right under paragraph 30 of this lease to surrender any part or parts of the mining unit, the annual rental payment may be discontinued as to those parts for all subsequent calendar years; however, the rentals paid on the parts surrendered must not be credited on any royalties due for ore removed from that part of the mining unit which remains under lease.
Where the state owns only a fractional undivided interest in the minerals in any portion of the mining unit, only that fractional part of the rentals and royalties established in this lease shall be paid for that portion.
If at any time during the term of this lease it is determined in a proper proceeding that the state does not own the minerals in a part of the area included in the mining unit, the commissioner shall delete from the description of the mining unit the part not owned by the state, and only if that determination is made prior to the fifth anniversary date of this lease is the lessee entitled to a refund, or in the case of tax forfeited minerals to receive credit on future payments due the same fund, for payments made to the state on that part prior to the determination. If the commissioner deems it necessary, additional time to make the determination may be granted.
-
Tonnage for royalty purposes. Royalty must be computed on the dry weight of the crude ore. The dry weight of the crude ore shall be calculated from natural crude ore weights and moisture percentages from samples taken at the time the crude ore is weighed.
-
Royalty.
a. The royalty to be paid to the state by the lessee for the metallic minerals and associated mineral products recovered from each ton of ore mined from the mining unit is the sum of the base rate described in this paragraph and an additional bid rate of ___ percent multiplied by the net return value of the metallic minerals and associated mineral products recovered from each ton of dried crude ore.
b. The base rate must not be less than 3.95 percent nor more than 20 percent and varies with the net return value of the metallic minerals and associated mineral products recovered from each ton of ore mined from the mining unit. The base rate must be determined from the Base Royalty Rate Table which is found in Exhibit A and which is made a part of this lease.
c. If in any month: (1) the net return value of the metallic minerals and associated mineral products recovered from each ton of dried crude ore mined from the mining unit exceeds $75; and (2) the unadjusted Producer Price Index for All Commodities (1982 equals 100), as originally published (unrevised) by the Bureau of Labor Statistics of the United States Department of Labor, or any succeeding federal government agency publishing the Index, in the monthly publication titled Producer Price Indexes, for the first month in the calendar quarter for which royalty payment is to be made, exceeds 121.5, which was the originally published (unrevised) level of the index for November 1994 (hereinafter called the "Base Index"), then an adjustment to the base rate must be computed in the manner hereinafter provided.
The adjustment to the base rate must be computed by multiplying $75 by a fraction, the denominator of which is the Base Index and the numerator of which is equal to the amount by which the Producer Price Index for All Commodities for the month in question exceeds the Base Index. The resulting products must be carried to four decimal places and then rounded to the nearest one-hundredth of a dollar. The difference between this rounded product and the net return value must then be determined. The Royalty Base Rate Table must be referred to and the difference resulting from this computation must be used instead of the net return value to determine the base rate.
For example, the Base Index under this lease is 121.5 and if the Producer Price Index for All Commodities for January 1996 was 132.7, the adjustment to the base rate would be computed as follows:
If the net return value of the metallic minerals and associated mineral products recovered from each ton of dried crude ore equalled $85, then the difference between the net return value and $6.91 would be computed as follows:
The resulting difference of $78.09 would then be used instead of the net return value to determine the base rate.
If some period other than 1982 is used as a base of 100 in determining the Producer Price Index for All Commodities, for the purposes of this lease provision the index must be adjusted so as to be in correct relationship to the 1982 base. In the event the index is not published by any federal agency, the index to be used as previously provided must be the index independently published, which, after necessary adjustments, if any, provides the most reasonable substitute for the Producer Price Index for All Commodities during any period after November 1994, it being intended to substitute an index that most accurately reflects fluctuations in the prices of commodities in the all commodities index in the manner presently reported by the Producer Price Index for All Commodities (1982 equals 100), published by the Bureau of Labor Statistics of the United States Department of Labor.
d. The lessee may apply to the commissioner and the commissioner may grant the lessee a partial deferral of the lessee's obligation to pay royalties under this lease. Up to 50 percent of royalties due and payable less any credits against royalties as provided in paragraph 6, may be deferred by the commissioner. Any deferral granted applies only to the royalties due and payable during the first consecutive years, up to a maximum of the first five consecutive years, beginning with the first year that any royalties are due and payable under this lease, or to royalties due and payable during the first one-half of the expected operational life of the first mine established under this lease in the mining unit, whichever is less.
The amount of royalties deferred for each calendar quarter as provided above, plus interest at the rate of six percent per year, becomes finally due and payable on the future date that is determined by adding the total number of years of deferral granted under this section to the date on which royalties would have been due and payable had there been no deferral.
The commissioner in considering the lessee's application for deferral of royalties may consider factors including, but not limited to, the expected operational life of the mine producing the royalties, the express purposes for which the money deferred is proposed to be used by the lessee, the cash flow analysis of the mine, the amount of either the capital invested or to be invested, or both, by the lessee in exploration and mining operations under this lease, and the technical and financial capabilities of the lessee.
- Net return value of metallic minerals and associated mineral products.
a. If the final metal product is recovered in a smelter, the net return value of metallic minerals and associated mineral products recovered from each ton of dried crude ore must be determined monthly as follows: Multiply the total pounds respectively of each metal and associated mineral product recovered during the month in the mill concentrate from the mining unit, by the average market price per pound respectively for that month of each fully refined metal and of each associated mineral product. Subtract from that total, the allowable charges, as later defined in this lease, to obtain the net return value of each metallic mineral and each associated mineral product. Add the net return values thus obtained for each metallic mineral and each associated mineral product for the month, and divide the sum by the total number of tons of dried crude ore from the mining unit concentrated in the mill during the month, to obtain the net return value of the metallic minerals and associated mineral products recovered from each ton of dried crude ore. The net return value must be carried to four decimal places and rounded to the nearest one-hundredth of a dollar.
The allowable charges in determining the net return value of metallic minerals and associated mineral products recovered in a smelter from each ton of dried crude ore are limited to the following:
(1) the base smelter treatment and refinery charges assessed by the smelter for treating each ton of the mill concentrate; and
(2) the smelter losses, refinery losses, and penalties for impurities that are deducted from the assay or market values to arrive at the gross payment to the lessee for each of the metallic minerals and associated mineral products paid for by the smelter.
b. If the final metal product is recovered in a hydrometallurgical process, or in a combination hydrometallurgical and pyrometallurgical process, the net return value of metallic minerals and associated mineral products recovered from each ton of dried crude ore must be determined monthly as follows: Multiply the total pounds respectively of each metal and associated mineral product recovered from the mining unit during the month in the final metal product from a hydrometallurgical process or a combination hydrometallurgical and pyrometallurgical process by the average market price per pound respectively for that month of each fully refined metal and of each associated mineral product. Subtract from that total the allowable charges, as later defined in this lease, to obtain the net return value of each metallic mineral and each associated mineral product. Add the net return values thus obtained for each metallic mineral and each associated mineral product for the month, and divide the sum by the total number of tons of dried crude ore from the mining unit processed by hydrometallurgy or by a combination of hydrometallurgy and pyrometallurgy during the month to obtain the net return value of the metallic minerals and associated mineral products recovered from each ton of dried crude ore. The net return value must be carried to four decimal places and rounded to the nearest one-hundredth of a dollar.
As used in this lease for the purpose of determining the net return value of metallic minerals, "hydrometallurgy" means that phase of metallurgy which involves the extraction and recovery of metals using aqueous or organic solutions, and "pyrometallurgy" means that phase of metallurgy which involves the extraction and recovery of metals using heat. The unit processes of hydrometallurgy include the leaching of ores or concentrate for recovery of metals, the separation of the leaching solution from the spent ore, and the recovery of the dissolved metal from the leaching solution.
The allowable charges in determining the net return value of metallic minerals and associated mineral products recovered in a hydrometallurgical process or a combination hydrometallurgical and pyrometallurgical process are limited to the following: charges attributable to recovery of dissolved metal from the leaching solution by chemical purification, pressurization, roasting of concentrate, melting of concentrate, filtration, absorption, solvent extraction, evaporation, distillation, electrolysis, ion exchange, or precipitation. The charges attributable to the direct leaching of ores for recovery of metals, or to the separation of the leaching solution from the spent ore, are nonallowable charges.
c. When metallic minerals and associated mineral products recovered during the month are sold during the same month, only those metallic minerals and associated mineral products recovered that are actually paid for by the smelter, refiner, or other purchaser must be included as part of the metallic minerals and associated mineral products recovered during the month. When metallic minerals and associated mineral products recovered during the month are not sold during the same month, the net return value of the metallic minerals and associated mineral products recovered during the month must be adjusted, if necessary, at the time they are sold to reflect the market price at the time of sale, and to reflect any recovered metallic minerals and associated mineral products that are not actually paid for by a smelter, refiner, or other purchaser. Any prior payment of royalty that becomes an overpayment of royalty as a result of the adjustment of net return value under this paragraph is a credit against future royalty payments due under this lease.
d. Metallic minerals and associated mineral products sold by the lessee to a nonaffiliate shall be deemed sold at the time the metallic minerals and associated mineral products are delivered to the nonaffiliate. Metallic minerals and associated mineral products sold or transferred by lessee to an affiliate shall be deemed sold by lessee at the time of delivery to the affiliate and net return value must be calculated on the basis of the market prices at the time of the deemed sale of the metallic minerals and of the associated mineral products sold or transferred to the affiliate. Metallic minerals and associated mineral products retained by the lessee for its own internal use and consumption shall be deemed sold when they are removed from the mining unit and net return value must be calculated on the basis of the market prices at the time of the removal of the metallic minerals and of the associated mineral products retained for internal use and consumption. For the purpose of this lease "affiliate" means the lessee, or any business entity that is effectively owned or controlled directly or indirectly by the lessee or that directly or indirectly effectively owns or controls the lessee, or any business entity operated by or that operates the lessee.
e. If material is recovered and sold on a basis other than for the purpose of recovering the fully refined metals and the associated mineral products contained in the material, such as the recovery and sale of titanium dioxide for paint pigment uses, then the net return value of the material recovered and sold, for royalty calculation purposes, is subject to agreement between the commissioner and the lessee.
f. If the metallic minerals and associated mineral products are treated at a smelter or hydrometallurgical processing facility owned by, or directly or indirectly effectively controlled by, the lessee or its affiliate, or that the lessee or its affiliate operates or manages, then the allowable charges are equal to the allowable charges that the smelter or hydrometallurgical processing facility would assess or charge an unaffiliated third party desiring to have substantially similar metallic minerals and associated mineral products treated at the smelter or hydrometallurgical processing facility. If the smelter or hydrometallurgical processing facility owned by, operated by, or effectively controlled by the lessee or its affiliate does not provide treatment services to unaffiliated third parties, then the allowable charges are equal to the mean of the allowable charges assessed and charged for substantially similar metallic minerals and associated mineral products in contracts between unaffiliated parties. The lessee shall provide to the state certified copies of all smelter contracts, settlement sheets, and other agreements, to which the lessee is a party, which detail and describe the allowable charges under this lease to arrive at the net return value as defined in this lease. For purposes of such net return value determination, the state may disapprove and reject, in whole or in part, the lessee's smelter contracts, settlement sheets, and other agreements. Should the state reject the agreements or otherwise disagree with the allowable charges, the lessee has the burden of proof of substantiating the allowable charges.
g. The average market price of copper per pound for each month is that quoted for U.S. producers, cathode, as reported in Metals Week. The average market price of nickel per pound for each month is that quoted for N.Y. merchant, spot, as reported in Metals Week. The average market price of gold per troy ounce for each month is that quoted for London, 3:00 p.m., as reported in Metals Week. The average market price of silver per troy ounce for each month is that quoted for Handy & Harman, N.Y., as reported in Metals Week. The average market price of zinc per pound for each month is that quoted for U.S. special High Grade, as reported in Metals Week. The average market price of lead per pound for each month is that quoted for U.S. and Canadian producers, as reported in Metals Week. The average market price of palladium per troy ounce for each month is that quoted for London p.m. fix, as reported in Metals Week. The average market price of platinum per troy ounce for each month is that quoted for London p.m. fix, as reported in Metals Week. The average market price of other metallic minerals and of associated mineral products per pound for each month shall be that quoted for the usual and customary shipping quantities, f.o.b. the usual and customary place of shipment, United States import duty (if any) included, as reported in Metals Week. If Metals Week does not or ceases to report an average monthly market price for any metallic mineral or associated mineral product, then the average monthly market price of that metallic mineral or associated mineral product is the arithmetic average of the daily market prices for the metallic mineral or associated mineral product for that month as reported in Metals Week. If Metals Week or its successors cease to furnish such quotations, or its quotations cease to be recognized in the trade, or a particular metallic mineral or associated mineral product is not listed, then the quotations of such other source as the parties may agree upon shall govern.
-
Commingled ores. The lessee has the right to commingle ore from the mining unit with other ore, either in the mine, in stockpile, in the mill, or in the smelter, but the ores must be kept entirely separate and distinct until their quantities and metal and mineral contents have been separately measured and determined. Ratios of concentration, percent mill recoveries, and any other factors necessary for determining the beneficiating amenability of the commingled ores, the allocation of values and the royalties, must be separately measured and determined by methods approved by the commissioner and shall be reported on a monthly basis. "Ratio of concentration" means the dry weight of the crude ore divided by the dry weight of the concentrate derived from the crude ore. "Percent mill recovery" means the dry weight of the metal in the concentrate divided by the dry weight of the metal in the crude ore, expressed as a percent.
-
Quarterly payment on ore removed. The lessee agrees to pay to the state, on or before May 20, August 20, November 20, and February 20 in each year during the period this lease continues in force, royalty at the rates specified in paragraph 8 for all of the ore removed from the mining unit during the previous calendar quarter. The lessee also agrees to pay to the state on or before May 20 of each year all royalty due and payable as a result of the adjustment to value of the metallic minerals and associated mineral products sold during the previous calendar year as provided for in paragraph 9b.
The lessee is liable for payment of royalty when due on all ore removed from the mining unit for concentration elsewhere or for any other purpose, from the actual time of removal; and if the royalty due on the ore is not determined and accounted for as provided by the next royalty payment date, the commissioner may determine the royalty by any method as the commissioner deems appropriate and consistent with the royalty rates set forth in this lease. Any amount paid for royalty must be allocated to the proper fund as determined by the mineral ownership. Any royalty payments not received by the date due are subject to interest at the rate of six percent per year from the due date.
-
Lessee to transmit statement of ore removed and royalty due. The lessee shall transmit to the commissioner with each royalty payment an exact and truthful statement of the tonnage and royalty value of the ore mined and removed from the mining unit during each of the three months for which the payment is made, and the amount of royalty due on the ore, separated as to the various state fund ownerships. The lessee shall provide for all the operations required for these determinations except as otherwise specified.
-
Weighing. The methods of obtaining the weights used to determine tonnage for the calculation of royalty, or to determine other weights required by the state, are subject to the approval of the commissioner.
-
Sampling. Samples for royalty purposes must be taken of the ores and their products at places and intervals subject to the approval of the commissioner. A portion of each sample or composite sample must be delivered to the commissioner unless, by mutual agreement, it has been decided that certain of such portions are not needed by the state. Except as otherwise permitted by the commissioner, all ore mined from this mining unit must be sampled and its weight determined before being commingled with any other ores.
Each royalty sample must be analyzed at the expense of the lessee by competent chemists or assayers approved in writing by the commissioner. The elements in the royalty sample for which analytical determinations will be made are subject to agreement between the commissioner and the lessee.
- Monthly reports. Except as otherwise permitted by the commissioner, the lessee shall transmit within 20 days after the end of each calendar month, statements for that calendar month in the form the commissioner may require, covering the tonnages and analyses of the following: all material mined from the mining unit, all material milled from the mining unit, all material stockpiled from the mining unit, all concentrates produced from the mining unit, all material mined from any source and commingled with material from the mining unit, all commingled material concentrated, all commingled material stockpiled, all commingled concentrates produced during that calendar month, and such other information as may reasonably be required by the commissioner for the purpose of verifying the amount of royalty due.
The weight of ore as set forth in the monthly statements shall prima facie be binding as between the parties, but the state has the right to sample the ore, check the analyses, and inspect, review and test the correctness of the methods, books, records and accounts of the lessee in sampling, analyzing, recording, and reporting the weights, and to inspect, review, and test the correctness of the weights and scales and other equipment used in measuring the amount of ore, it being understood that any errors in these reports, when ascertained, shall be corrected.
- Additional monthly and annual reports to be furnished by lessee; exploration; mine samples required. Except as otherwise permitted by the commissioner, in addition to other reports or statements required in this lease, the lessee shall furnish the following:
a. Copies of all exploration data, including, but not limited to, all logs and drill hole records; all maps and coordinates showing drill holes, geophysical grids, geochemical and geologic sampling, trenching, and survey data; all mineral analyses and assays; all chemical and analytical data and information; all laboratory test data; all geophysical, geochemical, and geologic records; all results of mine and metallurgical testings; and all periodic mine maps, analyses maps, cross-sections, and development plans. All material required under this subparagraph must be available to the commissioner, or the commissioner's representative, at all reasonable times. Copies must be submitted annually to the commissioner when the data is in the form customarily prepared for permanent record of the operations on the mining unit. Material available to and furnished to the commissioner under this subparagraph and subparagraph b. shall be considered confidential during the life of this lease or any extension of it.
b. At least a quarter portion of all exploration samples, and when requested by the commissioner in writing, a quarter portion of mine or mill samples. In the event that the lessee requires certain exploration samples in their entirety, the commissioner or the commissioner's representative may waive the requirement for a quarter portion of such exploration samples, provided that the lessee grants the state an opportunity to examine and classify such samples before they are crushed or processed.
c. A monthly report showing the estimated weights and analyses of all materials stockpiled, including lean ore, waste and tailings, and divided as to property of origin and deposition.
d. Certified copies of smelter statements, schedules, agreements, and settlement sheets or receipts from sales involving materials produced from this mining unit showing the product sold and factors relevant to the calculation of royalties.
e. Not later than March 1 of each year during the term of this lease, a summary statement of the tonnage of all ore mined and all ore milled from the premises and all ore materials placed in or removed from stockpile during the previous calendar year, divided as to the property of origin and the disposition of the ore materials and showing such analyses of them as the commissioner may require.
-
How remittances and reports are to be transmitted. All remittances by the lessee under this lease must be made payable to the Department of Natural Resources. All such remittances and all reports, notices and documents required under this lease must be transmitted to the commissioner through the director of the division of minerals at Saint Paul, Minnesota.
-
State inspection; inspectors at plants and mines. The commissioner may at all reasonable times enter the mining unit and any other premises used or operated by the lessee in connection with the operation of the mining unit, inspect the operations conducted under this lease, and conduct such engineering and sampling procedures and other investigations as the commissioner may require, not unreasonably hindering or interrupting the operations of the lessee.
The lessee shall provide, upon written request of the commissioner, a suitable room in the dry or wash house or in some other suitable place on the mining unit or elsewhere when necessary, with water, light, and heat, all without cost to the state, for the use of state inspectors. The room must be at least equal in size and equipment to that customarily furnished for the use of the mine engineer.
Whenever royalties or rentals due the state are required to be distributed to more than one fund, or when ore from the mining unit is commingled with other ore, or when ore from the mining unit is concentrated at the same plant as other ore, the commissioner may appoint special inspectors as the commissioner considers necessary to insure proper accounting and protect the interests of the state. The lessee shall reimburse the state monthly for the cost of this inspection service upon notification by the commissioner.
-
Removal of ore for experimental purposes. Notwithstanding paragraph 11, upon written application of the lessee, the commissioner may authorize the removal of ore from the mining unit for experimental purposes without payment of royalty; and it is further understood that the removal of samples obtained by drilling, trenching, or testpitting, for the purposes of exploration, is not subject to the payment of royalty.
-
Stockpiled materials. All materials mined and not shipped from the mining unit remains the property of the state and shall be stockpiled only in such manner and on such sites as may be authorized by the commissioner in writing. When, however, the commissioner agrees that substantially all minerals of value have been extracted from the mill tailings, the material may be used for stope filling on the mining unit or elsewhere, and the tailings material used shall be considered abandoned, and title to the material shall revert to the mineral owners of the property in which it is deposited.
-
Reversion of title on land conveyed to the state for stockpiling purposes. When the commissioner determines that it is necessary and that the interests of the state will be fully protected, the lessee may convey land to the state upon the condition that it be used for the storage of ore or other materials having present or potential value belonging to the state. The commissioner may accept a conveyance that provides for the state's interest in the land to terminate and title to revert to the lessee when the land is no longer needed or used for storage of ore or other materials. No consideration shall be paid for the conveyance unless authorized by law.
-
Cross mining rights. The lessee is hereby granted the right to mine and remove any ores from the mining unit through any shafts, openings, or pits that may be made upon adjoining and nearby premises controlled by the lessee; and the lessee may, if it so desires, use the mining unit and any shafts, openings, or pits, made on it for the mining or removal of any ores from adjoining or nearby premises, not, however, preventing or interfering with the mining or removal of ore from said mining unit. The ores taken from the mining unit must at all times be kept entirely separate and distinct from any other ores until measured and sampled as provided in this lease so that the rights of the lessor are at all times preserved and protected. The lessor recognizes the rights and liens of the owners of any nearby or adjoining premises in any ores mined from them and transported through the mining unit.
-
Lessee's obligations under state and federal laws and regulations. The provisions of this lease are subject to all applicable state and federal statutes, orders, rules and regulations, and all operations under this lease shall be conducted in conformity with them. All activities shall be conducted in conformity with the applicable mine land reclamation statutes and rules. No interference, diversion, use or appropriation of any waters over which the commissioner or any other state agency has jurisdiction, may be undertaken unless authorized in writing by the commissioner or the state agency.
-
Operations to be conducted in accordance with good mining, metallurgical, and environmental engineering. The lessee shall open, use, and work the mine or mines on the mining unit and conduct metallurgical operations in such manner only as is usual and customary in skillful and proper mining and milling operations in accordance with the requirements, methods, and practices of good mining, metallurgical, and environmental engineering, and in such manner as not to cause any unnecessary loss of minerals, or unusual permanent injury to the mining unit. Surface lands owned by the state in the mining unit are not to be cleared or used for construction or stockpiling purposes until such use has been approved by the commissioner in writing. The surface use of the mining unit must be conducted in such manner as to prevent or reduce scarring and erosion of the land and pollution of air and water.
-
Notice to owner of surface estate. When the leased premises do not include the surface estate, the lessee shall give notice, in writing, to the owner or administrator of the surface estate at least 20 days in advance of any activities which will require use of the surface estate on the leased premises. The notice shall sufficiently describe the activities to enable the owner or administrator of the surface estate to evaluate the extent of the use of the surface estate.
-
Review of exploration; exploration site closure and stabilization. "Exploration" means the act of searching for or investigating a mineral deposit. Exploration includes examination of an area to determine the quality and quantity of minerals, including obtaining a bulk sample by drilling, excavating, trenching, constructing shafts, ramps, tunnels, pits, and producing refuse and other associated activities. Exploration does not include activities intended, by themselves, for commercial exploitation of the ore body.
a. The lessee shall advise the commissioner, in writing, at least 20 days in advance of any exploration on the leased premises. The lessee shall specify:
i. the location of proposed activities depicted on a 1:24,000 scale United States Geological Survey 7-1/2 minute quadrangle map, or other map of the same scale;
ii. the exploration activities that will be performed, including but not limited to the type of activity, method of sampling, and types and sizes of vehicles and equipment that will be used;
iii. the approximate beginning and ending dates of the proposed activities;
iv. for exploration activities at sites with special features or uses, methods of mitigation to be used in the exploration to minimize to the extent practicable adverse impacts on the special features or uses;
v. the location and method of access to the exploration site, and if new roads or trails are to be constructed, the location of the proposed roads or tails; and
vi. the proposed plan for site closure and stabilization, if needed.
The commissioner will identify special features or uses within the leased premises. Conditions identified as special features or uses may include: wildlife management areas and sites; peatland watershed areas of the peatland scientific and natural areas; the Black Bay Management Area; natural heritage sites and features; designated trout streams; state water trails; state trails; historic and archaeological sites; rights-of-way; fire towers; campgrounds; public access sites; state highway rest areas; and other existing easements, sites, conditions, and encumbrances. The commissioner may require the lessee to adjust exploration plans or plans for construction of roads or trails due to special features or uses within the leased premises or due to other natural resource management concerns.
Unless notified to the contrary by the commissioner within 20 days after receipt of the exploration plans by the commissioner, the lessee may proceed with exploration as described in the submitted exploration plans.
b. Upon completion of the exploration, the lessee must promptly remove all supplies and equipment and must restore the leased premises and roads to a condition satisfactory to the commissioner. The lessee must, when needed, implement and complete closure and stabilization of the exploration site to the satisfaction of the commissioner. The lessee shall be relieved of obligations imposed by the plan for exploration site closure and stabilization only when the lessee notifies the commissioner in writing that site closure and stabilization has been completed and release has been granted by the commissioner.
-
Lessee's obligation for damages. It is understood and agreed that in case any interest in the land or minerals covered by this lease is owned by anyone other than the state, this lease shall not be construed as authorizing any invasion of or trespass upon such other interest. The lessee hereby agrees and is obligated to indemnify and hold the state harmless from all damages or losses caused directly or indirectly by operations under this lease, whether to land, timber, minerals, growing crops, or buildings, or to any person or other property, including damages suffered by that other owner of the surface or mineral rights, and the state shall not be liable for them.
-
Lessee to pay all taxes. The lessee agrees to pay when due all taxes, general and specific, personal and real that may be assessed against the mining unit and the improvements made on it, and the ore materials in it or mined from it, and any personal property on the mining unit owned, used, or controlled by the lessee. This covenant does not apply to taxes assessed against any part of the mining unit as a result of any other lease granted by the state to other parties. The cancellation, termination, or expiration of this lease does not relieve the lessee of the obligation to pay taxes assessed during the continuance of the lease, even though such taxes may be due or payable after the cancellation, termination, or expiration date.
-
State lien for unpaid sums due. The state reserves and shall at all times have a lien upon all ore mined from the mining unit, all ore concentrated from it, smelter returns due the lessee for the ore, and all improvements made under this lease for any sums not paid when due.
-
Lessee's right to terminate lease. The lessee may at any time deliver to the commissioner written notice of intention to terminate this lease, and this lease shall terminate 60 days after the delivery unless the notice is revoked by the lessee by further written notice delivered to the commissioner before the expiration of 60 days. On December 31 following the tenth anniversary date of this lease, and on any succeeding December 31, the lessee may surrender its rights and privileges granted in this lease on any part or parts of the mining unit, by giving the lessor written notice of its intention so to do at least 60 days before the date of such surrender. For the purposes of this paragraph, "part of the mining unit" means a quarter section of a quarter section or a government lot as described by the public land survey, or a bed of public waters. All sums due to the state under this lease up to the effective date of termination must be paid by the lessee. Any sums not received within 20 days after the effective date of termination are subject to interest at the rate of six percent per year from the effective date of termination.
-
Lessor's right to cancel lease upon lessee's failure to meet production requirements. The state may cancel this lease as provided in paragraph 32 if the lessee has not met both of the following conditions by the end of the 20th full calendar year of this lease:
(a) The lessee must be actively engaged in mining ore under this lease from:
i. the mining unit;
ii. a metallic mineral mine within the government township in which the mining unit is located; or
iii. a metallic mineral mine within a government township that has at least one point in common along its boundary line with the government township in which the mining unit is located.
(b) The lessee must have paid to the state at least $100,000 in earned royalty under a metallic minerals lease. This amount must be paid during a single calendar year.
The state may exercise its option to cancel the lease during the 21st calendar year of the lease. If it does not do so, and if the conditions have not been met by the end of the 35th full calendar year of this lease, it may exercise its option to cancel during the 36th calendar year of the lease. The commissioner shall take the lessee's financing needs and the state's proportional ownership interest into consideration in determining whether the requirements of this paragraph have been met.
The lessee, at any time, may request a determination and the commissioner, at any time in response to such a request, may determine whether the state will exercise its option to cancel the lease. If the state decides in response to such a request not to exercise its option to cancel the lease, such a decision may require the lessee to meet additional conditions and may include the option to cancel at a time other than the times specified in this paragraph.
-
Lessor's right to cancel lease upon default. This lease is granted upon the express condition that, if any sum owed under it by the lessee for rental, royalty, or otherwise remains unpaid after the time when it became due, or if the lessee or its agent or servant knowingly or willfully makes any false statement in any report, account, or tabulation submitted to the state or to the commissioner, or any of the commissioner's agents pertaining to any matter under this lease, or if the lessee fails to perform any of the conditions required by this lease, the commissioner may cancel this lease by mailing or delivering to the lessee 60 days' notice of the cancellation in writing, specifying such nonpayment or other default as the case may be. This lease shall terminate at the expiration of the 60 days, and the lessee and all persons claiming under the lessee shall be wholly excluded from the mining unit except as hereinafter provided in paragraph 31. Termination does not relieve the lessee from any liability for payment or other liability incurred under this lease. If the default consists of a nonperformance of an act required under this lease other than payment of royalty or rental, the lessee may perform within the period of 60 days and the lease continues in effect. If the correction of any such default requires more time than 60 days after the notice has been received by the lessee, the commissioner, upon written request of the lessee and for good cause shown, may, at the commissioner's discretion, grant an extension of the period of 60 days. If the default consists of a nonpayment of royalty or rental and the lessee performs within 15 days from the mailing or delivery of notice of cancellation, the lease continues in effect; and if the lessee performs at any time thereafter within the period of 60 days, the commissioner, at the commissioner's discretion, may continue the lease in effect.
-
Rights of lessor and lessee during 180-day period following termination. Upon termination of this lease, whether by expiration of its term or by act of either party, except as necessary to comply with applicable mineland reclamation statutes and rules, the lessee has 180 days after termination in which to remove all equipment, materials, railroad tracks, structures and other property placed or erected by the lessee upon said mining unit. Property not removed within that time shall, at the discretion of the commissioner, either be removed by the state at the lessee's expense or become the property of the state. The lessee shall not remove or impair any supports placed in any mine or mines on the mining unit, or any timber or framework necessary to the use or maintenance of shafts or other approaches to such mine or mines or tramways within the mining unit, all of which become the property of the state. During the period of 180 days, the lessee shall, at its own expense, properly and adequately fence all pits, and do all other work which the commissioner deems necessary to leave the premises in a safe and orderly condition to protect against injury or damage to persons or property. Subject to the foregoing, upon the termination of this lease, whether by expiration of the term hereof or otherwise, the lessee shall quietly and peaceably surrender possession of the mining unit to the state.
-
Recovery of expenses. If it is necessary for the state to incur expenses by court action or otherwise for the ejectment of the lessee, or removal from the leased premises of the lessee's property, or recovery of rent or royalties, or for any other remedy of the state under this lease, and the state prevails in the court action or otherwise, then the lessee shall pay to the state all expenses, including attorney's fees, thus incurred by the state.
-
Mining of minerals other than metallic minerals. If any ore found on or in the mining unit is primarily valuable for other than its metallic minerals content, the terms and conditions upon which the ore may be mined or products recovered from it shall be as may be agreed upon by the lessee and the commissioner and approved by the state Executive Council. This provision does not apply to iron ores, taconite ores, coal, oil, gas, and other liquid or gaseous hydrocarbon substances.
-
Agreements, assignments, or contracts. All assignments, agreements, or contracts affecting this lease must be made in writing and signed by all parties thereto, witnessed by two witnesses, properly acknowledged and must contain the post office addresses of all parties thereto, and when so executed must be presented in triplicate to the commissioner for record. No such instrument is valid until approved in writing by the commissioner and approved as to form and execution by the attorney general. No assignment or other agreement relieves the lessee of any obligation or liability imposed by this lease, and all assignees, sublessees, and subcontractors are also liable for all obligations or liabilities imposed by this lease.
-
Lease binding on assignees and successors. The covenants, terms, and conditions of this lease run with the land and extend to and bind all assignees and other successors in interest of the lessee.
-
Notices. For the purposes of this lease, the addresses of the parties are as follows, unless changed by written notice to all parties: For the state -- Commissioner of Natural Resources, State of Minnesota, 500 Lafayette Road, Saint Paul, Minnesota 55155-4037; for the lessee -- _____________________________________________________ .
Exhibit A. Base Royalty Rate Table
History
- Statutory Authority: MS s 93.08 to 93.12; 93.25
- History: 12 SR 2512; 17 SR 1279; 19 SR 2434; L 2010 c 361 art 4 s 82
Minn. R. 6125.1000 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.1100 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.1200 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.1300 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.1400 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.1500 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.1600 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.1700 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.1800 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.1900 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.2000 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.2100 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.2200 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.2300 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.2400 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.2500 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.2600 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.2700 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.2800 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.2900 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.3000 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.3100 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.3200 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.3300 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.3400 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.3500 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.3600 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.3700 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.3800 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.3900 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.4000 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.4100 [Repealed, 19 SR 2434]
[Repealed, 19 SR 2434]
Minn. R. 6125.4500 [Repealed, 19 SR 2433]
[Repealed, 19 SR 2433]
Minn. R. 6125.4600 [Repealed, 19 SR 2433]
[Repealed, 19 SR 2433]
Minn. R. 6125.4700 [Repealed, 19 SR 2433]
[Repealed, 19 SR 2433]
Minn. R. 6125.4800 [Repealed, 19 SR 2433]
[Repealed, 19 SR 2433]
Minn. R. 6125.4900 [Repealed, 19 SR 2433]
[Repealed, 19 SR 2433]
Minn. R. 6125.5000 [Repealed, 19 SR 2433]
[Repealed, 19 SR 2433]
Minn. R. 6125.5100 [Repealed, 19 SR 2433]
[Repealed, 19 SR 2433]
Minn. R. 6125.5200 [Repealed, 19 SR 2433]
[Repealed, 19 SR 2433]
Minn. R. 6125.5300 [Repealed, 19 SR 2433]
[Repealed, 19 SR 2433]
Minn. R. 6125.5400 [Repealed, 19 SR 2433]
[Repealed, 19 SR 2433]
Minn. R. 6125.5500 [Repealed, 19 SR 2433]
[Repealed, 19 SR 2433]
Minn. R. 6125.5600 [Repealed, 19 SR 2433]
[Repealed, 19 SR 2433]
Minn. R. 6125.5700 [Repealed, 19 SR 2433]
[Repealed, 19 SR 2433]
Minn. R. 6125.6000 Authority for Rules
Pursuant to authority vested in me by law, I, Chester S. Wilson, commissioner of natural resources, do hereby prescribe the following rules for the issuance of permits to prospect for sand and gravel under the waters of public lakes or streams, and for the issuance of leases for the mining and removal thereof.
History
- Statutory Authority: MS s 93.08
Minn. R. 6125.6100 Application Process
Subpart 1. Fee and area covered by permits.
The fee for each prospecting permit shall be $25. No permit shall be issued for a period to exceed one year, nor cover an area larger than 40 acres of contiguous underwater area, except where operating conditions shall be found by the director of the Division of Waters, Soils, and Minerals to require an increase in acreage, in which event 25 percent in additional acreage may be granted. Each permit shall authorize prospecting only within the area designated therein.
Subp. 2. Plats.
All applications for prospecting permits shall be accompanied by plats in quadruplicate, showing the definite location of the area applied for, together with a metes and bounds description thereof, and shall be signed and acknowledged by all the parties interested therein.
Subp. 3. Statements.
All applications shall be accompanied by quadruplicate signed statements reciting that the mining and removal of the materials for which it is proposed to prospect will not in their opinion violate the rules of or the statutes relating to the administration of the functions and duties of the following state agencies: Department of Natural Resources, Department of Health, Board of Animal Health. Such statements shall be signed by the head or the acting head of these agencies.
Subp. 4. Method of mineral recovery.
Applications for permits and leases shall describe the means and methods of operation proposed to be used for the removal or recovery of the material covered by such permits and leases, and such proposed means and methods of operation shall be incorporated in and become a part of the terms and conditions of the permits and leases.
Subp. 5. Hearing on the application.
No permit or lease shall be granted hereunder until after a public hearing on the application therefor. Notice of such hearing shall be given and such hearing shall be conducted as provided by Minnesota Statutes 1949, section 105.44. Notice of such hearing shall also be mailed by the applicant at least two weeks before the hearing to all persons listed on the last tax assessment records in the office of the county treasurer as owners of land riparian to the waters affected, or any interest therein, within such area as the commissioner may designate by order, which area shall be described in the notice. Except as otherwise hereinafter provided, prior to the issuance of any permit, the applicant shall obtain and file with the commissioner of natural resources an appropriate instrument, approved by the attorney general, from each owner of land, or any interest therein, within the area designated by the commissioner as hereinbefore provided, other than land owned or controlled by the applicant for the purposes of such operations, by which instrument the owner shall waive any and all claims for damages which may result from such operations, and shall release the applicant and the state of Minnesota and all officers, agents, and employees of the state from any and all such claims.
Subp. 6. Bonds.
In lieu of obtaining and filing such waiver and release of claims for damages, the commissioner may, in the commissioner's discretion, permit the applicant to furnish a bond to the state of Minnesota in such amount as the commissioner may determine, to secure the state, its officers, agents, and employees, and all property owners affected within the area designated by the commissioner as hereinbefore provided, against any damages or loss which may result from such operations, and with such other terms and conditions as the commissioner may prescribe; provided that the furnishing of such bond in lieu of a waiver or release shall not be permitted in any case where the commissioner finds upon the evidence produced at the hearing that there is reason to believe that the property affected will be substantially damaged by the proposed operations, unless the owner of such property shall agree in writing to the furnishing of a bond as hereinbefore provided.
Such bond shall be subject to approval by the commissioner and as to form and execution by the attorney general, and shall be filed with the commissioner. The commissioner may require an additional bond at any time under the foregoing provisions if the commissioner deems it necessary for protection of the interests of the state or any property owner affected, upon 30 days' written notice to the permittee or lessee. Any person entitled to the protection of any bond furnished hereunder may bring action thereon in like manner and under like conditions and with like effect as provided by law in the case of a bond furnished by a contractor with the state; provided, that neither the state nor the commissioner of natural resources nor any other officer, agent, or employee of the state shall incur or be subject to any liability by reason of failure to require a bond in any case as herein provided.
History
- Statutory Authority: MS s 93.08
- History: 17 SR 1279
Minn. R. 6125.6200 Liability for Damages
The permittee or lessee shall be liable for any loss, damage, or injury to person or property of others resulting from any operations under such permit or lease, and shall hold the state and its officers, agents, and employees harmless against any and all claims on account thereof. Nothing in any permit or lease issued or bond furnished hereunder shall impair or abridge any right of action of any owner of property affected by the operations under the permit or lease.
History
- Statutory Authority: MS s 93.08
Minn. R. 6125.6300 Right of Permit Holder to a Lease
At any time prior to the expiration of any such prospecting permit, the holder thereof shall have the right to a lease giving the holder the exclusive right to mine and remove sand and gravel within the area specified therein provided the permittee has kept and performed in a substantial manner all the terms and covenants of the permit, a copy of which lease shall be attached to each permit. Such lease shall cover the same area of lake and stream bed as that described in the permit, unless the holder of the permit selects a smaller acreage within such area, in which case a lease for such smaller area may be issued in the discretion of the commissioner. No lease shall be made for a longer term than 25 years and may be made for any period less than that, in the discretion of the commissioner.
History
- Statutory Authority: MS s 93.08
- History: 17 SR 1279
Minn. R. 6125.6400 Removal of Materials Under Permit
None of the materials for which the permit to prospect is issued may be removed from the land until the formal execution of a lease therefor, except such as may be reasonably needed for assay, analysis, and record purposes.
History
- Statutory Authority: MS s 93.08
Minn. R. 6125.6500 Prospecting
The work of prospecting shall be commenced in a substantial manner within 90 days from the date upon which the permit is executed, unless, in the opinion of the commissioner, either water, ice, or other conditions beyond control of permittee make such work hazardous or impracticable, and shall continue until the term of the permit expires, is surrendered, or a lease demanded. No prospecting work as herein required shall be postponed or suspended, except upon written authority of the commissioner or the commissioner's duly authorized representative.
The commissioner or the commissioner's representative shall have the right at all reasonable times to inspect the work done under the permit or the lease issued pursuant thereto, and carry on such engineering and sampling work as the commissioner may wish to do, not unnecessarily or unreasonably interfering with the work of the permittee or lessee.
History
- Statutory Authority: MS s 93.08
- History: 17 SR 1279
Minn. R. 6125.6600 Termination or Cancellation of Permits or Leases
Subpart 1. Holder's default.
In the event the holder of such permit or lease shall fail to comply with all the provisions contained therein, or the laws and regulations governing the same to be by the permit or lease holder performed and observed, and such default shall continue for 30 days, the commissioner, upon 30 days' notice to the holder of such permit or lease by registered mail to the address of such holder as shown by the records of the commissioner, may declare such permit or lease and all the rights acquired thereunder forfeited. The commissioner may when the commissioner deems it necessary to the best interest of the public, cancel such lease or permit at any time by 90 days' notice in writing mailed as hereinabove provided. Upon the filing of the order of forfeiture with the commissioner of natural resources, all rights under such lease or permit shall cease.
Subp. 2. Cancellation of lease by lessee.
The lessee may cancel a lease issued hereunder by 30 days' notice in writing mailed to the commissioner by registered mail, provided that no such cancellation shall become effective until all sums due to the state are paid in full.
Subp. 3. Yielding possession.
Upon cancellation of such lease for any cause, the lessee shall quietly and peaceably yield possession of the leased premises, and no such cancellation shall work a forfeiture on any rents, royalties, taxes, or other moneys due thereunder.
History
- Statutory Authority: MS s 93.08
- History: 17 SR 1279
Minn. R. 6125.6700 Records of Materials Removed and Sold
The lessee shall keep records of all sand and gravel removed and the sales thereof, which records shall be open for inspection by the agents of the commissioner of natural resources at all reasonable times. The lessee shall, on or before the 15th day of each month, make a report in writing to the commissioner, verified under oath, on forms provided by the commissioner, covering all usable or salable material removed or recovered during the preceding month, showing the quantity thereof in cubic yards, the royalty computed to be due thereon, and such other information pertaining thereto as the commissioner may require.
History
- Statutory Authority: MS s 93.08
Minn. R. 6125.6800 Rentals, Royalties, and Taxes
Subpart 1. Amount of royalty.
Royalties to be paid to the state on all sand and gravel leases issued hereunder shall be based on cubic yards of usable materials removed and shall be ten cents per cubic yard, and shall be paid on or before the 15th day of each month for the sand and gravel removed during the preceding month.
Subp. 2. Annual rental fee.
Every lease shall provide for a minimum annual rental of $150 per calendar year, or fraction thereof, payable in advance. Such rental shall be payable annually on or before the 20th day of January each year during the term thereof. Any amount paid for rental accrued during any calendar year shall be credited on any royalty that may become due for sand and gravel removed under said lease during the same calendar year but no further.
Subp. 3. Records of materials removed from demised premises.
All usable or salable sand and gravel taken from the demised premises shall be measured by the lessee as it is removed or stockpiled which measurements shall be recorded daily. Such sand and gravel when stockpiled shall be kept separate and not mixed with materials from other sources until measured as hereinabove provided. All operations shall be conducted in accordance with acceptable mining practices and so as not to cause any unnecessary or unusual permanent injury to the lands or to inconvenience or hinder subsequent operations in the same area. All waste materials shall be disposed of and all water returned to the stream or body of water. They shall be treated as directed by the commissioner or the commissioner's agents in charge of such operations.
Subp. 4. Payments to commissioner of management and budget.
All permit fees and all rents and royalties paid under leases shall be paid to the commissioner of management and budget, and shall be credited to the permanent school funds of the state.
Subp. 5. Taxes.
All leases shall provide that the lessee shall pay, when due, all taxes levied against the premises, the personal property, and improvements thereon during the continuance of the lease.
History
- Statutory Authority: MS s 93.08
- History: 17 SR 1279; L 2003 c 112 art 2 s 50; L 2009 c 101 art 2 s 109
Minn. R. 6125.6900 Observance of Navigation Laws
Lessee shall observe all federal, state, and municipal laws, rules, regulations, and ordinances regarding navigation on the waters from which sand or gravel is removed.
History
- Statutory Authority: MS s 93.08
Minn. R. 6125.7000 Assignments and Other Agreements Affecting Permits and Leases
No assignment, sublease, or any other instrument affecting any permit or lease issued hereunder shall be valid unless made in writing with the written approval of the commissioner endorsed thereon.
History
- Statutory Authority: MS s 93.08
Minn. R. 6125.7100 Additional Permits Required
Before any prospecting permit or lease shall be issued by the commissioner for the removal of sand or gravel hereunder, the applicant shall first secure a permit from the commissioner pursuant to Minnesota Statutes 1949, chapter 105, and acts amendatory thereof, which permit shall be deemed to be a part of the prospecting permit or lease issued hereunder, and no operations shall be conducted in violation thereof.
History
- Statutory Authority: MS s 93.08
Minn. R. 6125.8000 Purpose
The purpose of parts 6125.8000 to 6125.8700 is to set forth procedures and standards to be followed by the commissioner of natural resources when leasing state-owned lands for the exploring for, mining, and removal of selected industrial minerals. Each lease issued under parts 6125.8000 to 6125.8700 will identify which of the industrial minerals are covered by that particular lease.
Due to the variable nature of mining, selling, and processing various industrial minerals, several of the provisions of each lease will need to be developed within the framework of the model lease form contained in part 6125.8700. Parts 6125.8100 to 6125.8700 prescribe minimum standards as to the term of the lease, rental rates, and royalty rates.
History
- Statutory Authority: MS s 93.25
- History: 19 SR 2433
Minn. R. 6125.8100 Definitions
Subpart 1. Scope.
For the purposes of parts 6125.8000 to 6125.8700, the following words have the meanings given them.
Subp. 2. Commissioner.
"Commissioner" means the commissioner of natural resources of Minnesota, or the commissioner's designated representative.
Subp. 3. Industrial minerals.
"Industrial minerals," whether singular or plural, includes any of the following: apatite, diamonds, dimension stone, feldspar, gemstones, graphite, kaolin, marl, quartz, silica sand, and other similar minerals of a nonmetalliferous nature. The term industrial minerals does not include, and parts 6125.8000 to 6125.8700 do not cover, the following minerals:
A. iron ores and taconite ores, which are leased under the provisions of Minnesota Statutes, chapter 93;
B. metallic minerals, which are leased under the provisions of parts 6125.0100 to 6125.0700 and Minnesota Statutes, chapter 93;
C. coal, oil, gas, and other liquid or gaseous hydrocarbon substances, which the state is authorized to lease under the provisions of Minnesota Statutes, chapter 93; and
D. peat and construction sand and gravel, which are leased under the provisions of Minnesota Statutes, section 92.50.
Subp. 4. Leased minerals.
"Leased minerals," whether singular or plural, are the selected industrial minerals that are defined in and covered by a lease issued under parts 6125.8000 to 6125.8700.
Subp. 5. Metallic minerals.
"Metallic minerals," whether singular or plural, means any mineral substances of a metalliferous nature, except iron ores and taconite ores.
Subp. 6. Ton.
"Ton" means 2,000 pounds avoirdupois after removal of all free moisture from the material weighed, by drying at 212 degrees Fahrenheit.
History
- Statutory Authority: MS s 93.25
- History: 19 SR 2433
Minn. R. 6125.8200 Lands Covered by Leases and Lease Term
The commissioner may issue leases to explore for, mine, and remove industrial minerals on lands where an interest in the minerals is owned by the state, including trust fund lands, lands forfeited for nonpayment of taxes and held in trust by the state, lands where severed mineral interests have forfeited under Minnesota Statutes, section 93.55, lands where severed mineral interests have been otherwise acquired, lands where severed mineral interests may be leased by the commissioner under Minnesota Statutes, section 93.55, subdivisions 1a and 3, the beds of public waters, and lands otherwise acquired.
No lease may be issued for a term longer than 50 years.
History
- Statutory Authority: MS s 93.25
- History: 19 SR 2433
Minn. R. 6125.8300 Qualifications to Hold Lease
The right to apply for, acquire, and hold a lease to explore for, mine, and remove industrial minerals owned by the state, and the right to apply for and hold an authorization to conduct geological data gathering activities, are subject to the following:
A. the applicant is qualified to do business in Minnesota as shown by:
B. if applicable as to the industrial minerals the applicant wants to lease, the applicant is qualified to conduct exploratory borings in Minnesota by having fulfilled the requirements of Minnesota Statutes, section 103I.601, subdivision 3. The commissioner may request additional evidence that the applicant is technically and financially capable of performing under the terms of a state industrial minerals lease or an authorization to conduct geological data gathering activities and that the applicant has shown the capability to comply with environmental laws and permits. Examples of evidence the commissioner may request are corporate reports, audited financial statements, and evidence of the applicant's compliance with environmental regulations of other jurisdictions. If such evidence is requested, the applicant must submit the evidence within 45 days of receipt of the request.
History
- Statutory Authority: MS s 93.25
- History: 19 SR 2433
Minn. R. 6125.8400 Negotiated Leases
Subpart 1. Scope.
Leases to prospect for, mine, and remove industrial minerals will primarily be issued through negotiations. The commissioner reserves the right to reject any and all applications for negotiated leases. The commissioner may offer industrial minerals for leasing through public sale as provided in part 6125.8500.
Subp. 2. Lease application.
Those parties interested in obtaining an industrial minerals lease through negotiation may submit an application to the commissioner. Application shall be submitted on a form available from the commissioner and shall require information as the commissioner may prescribe. The application must include the:
A. identification of the applicant;
B. legal description of the lands requested for leasing. The lands covered by an application are limited to a contiguous tract of 640 acres, except an area not exceeding 800 acres consisting of one government section according to the government survey thereof may be included in one lease; and
C. identification of the industrial minerals the applicant wants to lease. The applicant shall submit with the application evidence that it is qualified to hold a mineral lease as specified in part 6125.8300. Each application must be accompanied by a certified check, cashier's check, or bank money order, payable to the Department of Natural Resources, in the amount of $100, which is the application fee. The application fee will not be refunded under any circumstances. Applications may be submitted in person or by mail to the offices of the Division of Minerals, Department of Natural Resources, 500 Lafayette Road, Saint Paul, Minnesota 55155-4045. Applications will only be accepted during the hours of 8:30 a.m. through 4:00 p.m. on regularly scheduled business days. Applications received at any other time will not be officially accepted until the next regularly scheduled business day, and the commissioner assumes no responsibility for applications submitted in person at any time other than the time specified above. Applications will not be accepted by facsimile transmission.
Subp. 3. Commissioner's review of application.
A. Within ten days after receipt of an application, the commissioner will send written acknowledgment that the application was received. The commissioner will review the application to determine if:
B. Within 45 days after receipt of application, the commissioner will notify the applicant if the following information is required:
Subp. 4. Rejection of application.
A. Applications for negotiated leases will be rejected by the commissioner under the following circumstances:
B. The right is reserved to the state, through the commissioner of natural resources, to reject any or all applications for negotiated industrial minerals leases. However, if the commissioner rejects the application based on item A, subitem (6), then no negotiated lease may be issued for the property until after it has first been offered at public lease sale.
Subp. 5. Negotiations with applicant.
If the application is not rejected pursuant to subpart 4, the applicant and the commissioner will enter into negotiations as to the terms of the lease. Due to the variable nature of mining, selling, and processing different industrial minerals, several of the lease terms will need to be negotiated on a case-by-case basis.
The model form for a negotiated lease for exploring for, mining, and removing industrial minerals belonging to the state is contained in part 6125.8700. The negotiated lease may contain insertions, changes, or additions as may be necessary to incorporate other particulars applicable to each industrial mineral, subject to the following:
A. The primary term of the lease may not exceed ten years plus the unexpired portion of the calendar year in which the lease is issued.
B. The rental rates may not be less than $1.50 per acre per year for the unexpired portion of the calendar year in which the lease is issued and the next succeeding two calendar years; $5 per acre per year for the next succeeding three years; and $25 per acre per year thereafter during the term of the lease.
C. The royalty rates for the following commodities may not be less than:
Subp. 6. Public notice of plans to issue negotiated lease.
The commissioner shall give public notice of plans to issue a negotiated lease by publication in the State Register, the EQB Monitor, and a qualified newspaper that has its known office of issue in the county seat in which the proposed lands to be leased are located. If no qualified newspaper has its known office of issue in the county seat of a particular county, then notice must be published in the qualified newspaper designated as the publisher of the official proceedings of the county board of that county. The party applying for the negotiated lease shall reimburse the commissioner for the costs of publication of these notices.
The notice shall be published at least once in the above publications. The publication shall be at least 30 days before the issuance of the lease and no more than 180 days before the issuance of the lease. Each notice shall contain the legal description of the proposed lands to be leased and such other information as the commissioner may direct.
Subp. 7. Approval by state Executive Council.
All negotiated leases approved for issuance by the commissioner of natural resources that cover 160 or more acres of land must also be approved by the state Executive Council.
History
- Statutory Authority: MS s 93.25
- History: 19 SR 2433
Minn. R. 6125.8500 Public Sale of Leases
Subpart 1. Time, place, and notice.
The public sale of leases shall be held at such times and places as may be designated by the commissioner. The commissioner shall give public notice of each sale by publication in the State Register, the EQB Monitor, and a qualified newspaper that has its known office of issue in the county seat of the county in which the lease units to be leased are located. If no qualified newspaper has its known office of issue in the county seat of a particular county, then notice must be published in the qualified newspaper designated as the publisher of the official proceedings of the county board of that county.
The notice shall be published at least once in the above publications. The publication shall be at least 30 days but not more than 60 days before the date of the sale. Like notice may be published in additional newspapers and trade magazines as the commissioner may direct. Each notice shall contain the following information:
A. time and place of holding the sale;
B. the place or places where the list of lands to be offered for leasing and a copy of the lease form will be available for purchase or inspection, and where bid forms may be obtained; and
C. such other information as the commissioner may direct.
Subp. 2. Copy of list of lands offered and lease form.
Those interested in obtaining a list of the lands offered for leasing and the proposed lease form may obtain one by submitting a request to the commissioner. Each request must be accompanied by a check or money order, payable to the Department of Natural Resources, in the amount specified by the commissioner, based on copying and mailing costs, as a fee for a copy of the list and the lease form. Copies of the list and the lease form will be available for inspection at the Hibbing and Saint Paul offices of the Division of Minerals.
Subp. 3. Lease form.
At least 30 days before the date of the sale, the commissioner shall prepare the lease form that will cover the lands being offered. The lease shall be based on the model form contained in part 6125.8700. The lease may contain insertions, changes, or additions as may be necessary to incorporate other particulars applicable to the industrial minerals being offered for lease at public sale, subject to the following:
A. The primary term of the lease may not exceed ten years plus the unexpired portion of the calendar year in which the lease is issued.
B. The rental rates may not be less than $1.50 per acre per year for the unexpired portion of the calendar year in which the lease is issued and the next succeeding two calendar years, $5 per acre per year for the next succeeding three years, and $25 per acre per year thereafter during the term of the lease.
C. The base royalty rates for the following commodities may not be less than:
Subp. 4. Bids.
Each bid shall be submitted on a form obtained from the commissioner. The bid royalty rate shall be an additional percentage of the gross market value above the base royalty rate.
Each bid form must be accompanied by a certified check, cashier's check, or bank money order, payable to the Department of Natural Resources, in the sum of the following amounts:
A. an application fee of $100; and
B. rental for one full calendar year. For the purposes of the bid, the rental is calculated at $1.50 per acre times the gross acreage of the lands offered for lease. The remaining rentals, due at the time the lease is issued, shall be due upon the effective date of the lease. The bid, together with the certified check, cashier's check, or bank money order, shall be enclosed in a sealed envelope marked CONFIDENTIAL - BIDS FOR STATE MINERAL LEASES. Each sealed bid envelope shall be delivered in person or by mail to the commissioner at Division of Minerals, 500 Lafayette Road, Saint Paul, Minnesota 55155-4045. Bids may be submitted any time before 4:30 p.m., Saint Paul, Minnesota time on the last business day before the day specified for the opening of the bids, and no bids submitted after that time shall be considered. Upon receipt, the commissioner shall endorse upon each sealed bid envelope the exact time of presentation and preserve the same, unopened in the commissioner's office. At the time specified, the commissioner shall publicly open the bids and announce the amount of each bid separately. The commissioner will request each high bidder to provide evidence it is qualified to hold state mineral leases pursuant to part 6125.8300. The evidence must be provided within 45 days of the request from the commissioner or the bids from that high bidder will be rejected. Upon the award of a lease, the application fee submitted with the bid shall be deposited with the commissioner of management and budget as a fee for the lease. All bids not accepted shall become void and the application fee and rental payment accompanying the bids shall be returned to the respective bidders; provided, however, the application fee and rental payment accompanying a bid shall not be returned if the bidder was the high bidder and subsequently withdraws its bid prior to the awarding of a lease.
Subp. 5. Issuance of lease.
Leases are awarded by the commissioner to the highest bidder for the lands offered for lease, provided that the bidder has shown evidence that the bidder is qualified to hold state mineral leases pursuant to part 6125.8300. Any public sale lease approved for issuance by the commissioner that covers 160 or more acres of land must also be approved by the state Executive Council.
Tie bids will be resolved by the commissioner by the random drawing of the name of one tied bidder from a pool comprised of the names of all the tied bidders.
The right is reserved to the state to reject any or all bids for leases offered at public lease sale.
History
- Statutory Authority: MS s 93.25
- History: 19 SR 2433; L 2003 c 112 art 2 s 50; L 2009 c 101 art 2 s 109
Minn. R. 6125.8600 Authorization to Conduct Geological Data Gathering Activities
As an alternative to applying for a state mineral lease, any party may apply to the commissioner for authorization to conduct geological data gathering activities on state-owned land. The applicant must meet the qualifications to hold an authorization to conduct geological data gathering activities as specified in part 6125.8300.
For the purposes of this authorization, geological data gathering activities include geophysical and geochemical activities, sampling of glacial overburden, and the sampling and drilling of bedrock, provided that any drilling and sampling of bedrock is limited to a maximum penetration of 20 feet into bedrock. Each authorization granted by the commissioner is limited to the size of one township, or portion thereof. The fee for each authorization is $100. The authorization will not grant any rights to a mineral lease and will be nonexclusive.
History
- Statutory Authority: MS s 93.25
- History: 19 SR 2433
Minn. R. 6125.8700 Model Form of Lease
The form of lease for exploring for, mining, and removing industrial minerals belonging to the state shall consist of the following provisions, with insertions, changes, or additions as may be necessary to incorporate the royalty rates and other particulars applicable to each lease as may be authorized under parts 6125.8000 to 6125.8700:
This lease agreement is entered into on the .... day of ....., ..... The parties to this lease are the State of Minnesota, called the state, and ................., called the lessee.
- Term; description of leased premises. This lease is issued in consideration of the covenants and conditions of this lease to be performed by the lessee and $......., being paid by the lessee and the receipt of which is hereby acknowledged. The payment of $....... also represents the rentals for the unexpired portion of the current calendar year and for the next succeeding two calendar years at the annual rate of $1.50 per acre of land and water area included in the leased premises.
This lease is issued for a primary term of ten years plus the unexpired portion of the calendar year in which the lease is issued. The primary term of this lease is from ....... through ........ The state leases to the lessee the following described leased premises, situated in the the county of ....., in the State of Minnesota: .....................................
- Extension of term. The lease shall remain in effect for a primary term of ten years plus the time of the unexpired portion of the calendar year of the year in which the lease was issued.
The lessee may apply for and the state may grant an extension of the lease for an additional ten years, so long as the following has occurred:
A. During the primary term of the lease, ....... acres have been prepared for mining operations and commercial production of leased minerals has taken place on ... contiguous acres covered by the lease; or
B. The lessee has in good faith applied for all permits necessary to conduct mining operations and has been diligent in obtaining financing needed to conduct mining operations. At any time, the lessee may request a determination from the commissioner as to whether the state will grant an extension for an additional ten years beyond the primary term. If the state decides in response to the lessee's request that an extension will be granted, the decision may require the lessee to meet additional conditions other than the conditions specified in this part. The term of the lease will be extended for additional ten year periods by the state upon application by the lessee, so long as there has been commercial production from the leased premises within any of the last three years of the current ten year term; except that the final term extension shall only be for a period that will extend the lease not beyond a total lease term of 50 years. The sum of the primary term and all extensions of the term of this lease shall not exceed 50 years. 3. Definitions. For the purposes of this lease, the following words have the meanings given them:
A. "Commercial production" means that in a calendar year the royalties due for the leased minerals removed from the leased premises exceed the minimum rentals paid for that year and that the leased minerals are being mined, removed, and shipped from the leased premises and sold by the lessee on a reasonably regular basis.
B. "Commissioner" means the commissioner of natural resources of the state of Minnesota, or the commissioner's designated representative.
C. "Leased minerals," whether singular or plural, are the following selected industrial minerals: .....................................
D. "Ton" means 2,000 pounds avoirdupois after removal of all free moisture from the material weighed, by drying at 212 degrees Fahrenheit. 4. Use of surface of lands. The leased premises are leased to the lessee for the purpose of exploring for, mining, and removing the leased minerals. The lessee has the right to construct or make buildings, excavations, openings, ditches, drains, railroads, roads, and other improvements on the leased premises as necessary or suitable for those purposes. All buildings and ditches must be constructed in accordance with applicable local ordinances. The location of railroads, roads, and other improvements are subject to review by the commissioner. The lessee may contract with others for doing any work authorized or required under this lease, or for the use of the leased premises or any parts of it for the purposes of the lease, but no contract of this type relieves the lessee from any duty, obligation, or liability under the lease. No such contract providing for shipping, handling, or removal of leased minerals becomes effective for any purpose until an executed duplicate of the contract has been filed with the commissioner. 5. State's right to lease other minerals. The state reserves the right to lease or grant to other persons or corporations the right to explore for, mine, and remove any minerals other than the leased minerals that are located in the leased premises. The lessee shall be entitled to reasonably and prudently use the leased premises as is necessary to prospect for, mine, and remove the leased minerals without unreasonable interference by any subsequent mineral lessee of the state. Written notice shall be provided by the commissioner to the lessee whenever the commissioner is planning to issue a mineral lease in accordance with the rights reserved under this paragraph. The commissioner will meet with the lessee to obtain information for terms and conditions under which multiple mineral development could occur. The state agrees that any permit or lease granted by it to any person or corporation to explore for, develop, mine, remove, or beneficiate any minerals other than the leased minerals shall contain a provision that the permittee or lessee shall exercise those rights so as not to cause any unnecessary or unreasonable injury or hindrance to the operations of the lessee of this lease in the exploration for or the development, mining, or removal of leased minerals from the leased premises. The lessee of this lease agrees that it will exercise the rights granted to it by this lease in such manner as not to cause any unnecessary or unreasonable injury or hindrance to the operations of any permittee or lessee of the state in the exploration for, or the development, mining, or removal of any minerals other than the leased minerals. 6. State's right to lease surface and sell timber. The state reserves the right to sell and dispose of all the timber upon the leased premises without hindrance from the lessee and according to the law now or hereafter governing the sale of timber on state lands, and reserves to the state and to the purchaser of the timber, and purchaser's agents, the right at all times to enter the leased premises, and to cut and remove timber from it according to the terms of the purchaser's permit from the state. The timber purchaser shall not unduly interfere with the exploration or mining operations. The state further reserves the right to grant leases, permits, or licenses to any portion of the surface of the leased premises to any person, partnership, corporation, or other association under the authority of Minnesota Statutes, section 92.50, or other applicable laws, after consultation with lessee. The surface leases, permits, or licenses shall not unduly interfere with the exploration or mining operations conducted on the leased premises. 7. Annual rental. The payment required under paragraph 1 of this lease also represents the rental for the unexpired portion of the calendar year from the effective date hereof and for the next succeeding two calendar years. The lessee agrees to pay to the state rental for the leased premises at the rate of $5 per acre per calendar year for the next three succeeding calendar years of the lease; and after that time at the rate of $25 per acre per calendar year for the remainder of the term of this lease and any extension thereof pursuant to paragraph 2. Rental for the entire calendar year, other than the advance payment required under paragraph 1 of this lease, shall be payable as of the first day of January of each year during the term of this lease, with payment due on or before the 20th day of January of each year. Any rental payments not received by the date due are subject to interest at the rate of six percent per year from and after the 20th day of January of the year for which rental is due. The leased premises may include lands where an interest in the minerals is owned by the state, including trust fund lands, lands forfeited for nonpayment of taxes and held in trust by the state, lands where severed mineral interests have forfeited under Minnesota Statutes, section 93.55, lands where severed mineral interests have been otherwise acquired, lands where severed mineral interests may be leased by the commissioner under Minnesota Statutes, section 93.55, subdivisions 1a and 3, the beds of public waters, and lands otherwise acquired. Any amount paid for rental, at the time of payment, shall be allocated by the commissioner to the proper fund as determined by the mineral ownership. Any amount paid and accrued for rental in excess of $5 per acre per year shall be credited on any royalty that may become due for the same year in which rental was due but no further, and only to the extent that such rental was paid or deposited into the particular fund to which the royalty for such was due. If this lease is canceled, terminated, or expires during a year for which rental has been paid, there shall be no reimbursement of the rental payment for that year. When the lessee exercises its right under paragraph 31 of this lease to surrender any part or parts of the leased premises under this lease, the annual rental payment may be discontinued as to those parts for all subsequent calendar years; however, the rentals paid on the parts surrendered must not be credited on any royalties due for minerals removed from that part of the leased premises which remains under lease. Where the state owns only a fractional undivided interest in the minerals in any portion of the leased premises, only that fractional part of the rentals and royalties established in this lease shall be paid for that portion. If at any time during the term of this lease it is determined in a proper proceeding that the state does not own the minerals in a part of the area included in the leased premises, the commissioner shall delete from the description of the leased premises the part not owned by the state, and only if that determination is made prior to the fifth anniversary date of this lease is the lessee entitled to receive credit on future payments due the same fund, for payments made to the state on that part prior to the determination. If the commissioner deems it necessary, additional time to make the determination may be granted. 8. Royalty. The royalty to be paid to the state for the industrial minerals recovered from the leased premises is a base rate of ... percent of the gross market value after extraction and at the mine plus an additional bid rate of ... percent of the gross market value after extraction and at the mine. 9. Gross market value at the mine. Gross market value after extraction and at the mine means the market price, including all bonuses and allowances received by the lessee, at the point of shipment from the leased premises of the first marketable product or products produced from the leased minerals and sold under a bona fide contract of sale. It is expressly understood and agreed that none of the lessee's mining or product costs, including but not limited to, material costs, labor costs, overhead costs, transportation costs or general and administrative costs may be deducted from the market price in computing the royalty due. The receipts from all sales are subject to validation and verification by all parties to the sale and subject to review by the commissioner. If the leased minerals are only sold or transferred by the lessee to an affiliate, or the leased minerals are to be stockpiled off the leased premises for future sales, the method to determine the gross market value of the minerals, for royalty calculation purposes, is subject to prior agreement between the commissioner and the lessee. The commissioner may require that the minerals or products be ranked or graded and inventoried prior to removal from the leased premises. Any adjustments due to differences between the method agreed to between the commissioner and the lessee and actual sales are limited to a period of six months after the leased minerals are removed from the leased premises. For the purpose of this lease, "affiliate" means the lessee, or any business entity that is effectively owned or controlled directly or indirectly by the lessee or that directly or indirectly effectively owns or controls the lessee, or any business entity operated by or that operates the lessee. [Note: For certain industrial minerals, there are limited or no established market prices. A lease covering these minerals should include a method to determine the gross market value for royalty calculation purposes. Umpire assays or evaluations is an option for some minerals, such as diamonds. Under certain circumstances, for certain industrial minerals, there may be extensive chemical treatment of the leased minerals on the leased premises prior to shipment. A lease covering this situation should include a method to determine the point at which the first marketable product is arrived at for royalty calculation purposes.] 10. Quarterly payment on minerals removed. The lessee agrees to pay the state, on or before January 20, April 20, July 20, and October 20 in each year during the period this lease continues in force, royalty at the rates specified in paragraph 8 for all of the minerals removed from the leased premises during the previous calendar quarter. Any amount paid for royalty must be allocated by the commissioner to the proper fund as determined by the mineral ownership. The lessee is liable for payment of royalty when due on all minerals removed from the leased premises from the actual time of removal; and if the royalty due on the minerals is not determined and accounted for as provided by the next royalty payment date, the commissioner may determine the royalty by any method that the commissioner deems appropriate and consistent with the royalty rates set forth in this lease. Any royalty payments not received by the date due are subject to interest at the rate of six percent per year from the quarterly due date. 11. Method of computing royalty rates. In computing rental and royalty rates hereunder, any fraction of a cent less than five-thousandths shall be disregarded and any fraction amounting to five-thousandths or more shall be counted as one-hundredth of a cent. 12. Weighing for royalty purposes. Royalty must be computed on the dry weight of the minerals. The dry weight of the minerals shall be calculated from natural weights and moisture percentages from samples taken at the time the minerals are weighed. The methods of obtaining the weights used in the calculation of royalty, or to determine other weights required by the state, are subject to the approval of the commissioner. 13. Lessee to transmit statement of minerals removed and royalty due. The lessee shall transmit to the commissioner with each royalty payment an exact and truthful statement of the weight and royalty value of the minerals mined and removed from the leased premises during each of the three months for which the payment is made, and the amount of royalty due on the minerals, separated as to the various state fund ownerships. The lessee shall provide for all the operations required for these determinations except as otherwise specified. 14. Commingled minerals. The lessee has the right to commingle leased minerals from the leased premises with other minerals of the same nature and type, either in the mine, in stockpile, or in the shipment, but the leased minerals must be kept entirely separate and distinct until their quantities and rank, grade or mineral content have been separately measured and the amount of royalties due are determined. 15. Sampling. The commissioner may require that samples for royalty purposes be taken of the minerals and their products at appropriate places and intervals. A portion of each sample or composite sample must be delivered to the commissioner unless, by mutual agreement, it has been decided that certain of such portions are not needed by the state. Except as otherwise permitted by the commissioner, all leased minerals mined from the leased premises must be sampled, their weight determined, and the amount of royalties due determined before being commingled with any other minerals. Each royalty sample must be analyzed at the expense of the lessee by analytical and testing laboratories approved in writing by the commissioner. The elements in the royalty sample and the physical properties for which analytical determinations will be made are subject to agreement between the commissioner and the lessee. 16. Monthly reports. Except as otherwise permitted by the commissioner, the lessee shall transmit within 20 days after the end of each calendar month, statements for that calendar month in the form the commissioner may require, covering the weights and analyses of the following: all minerals mined from the leased premises, all minerals stockpiled from the leased premises, all minerals mined from any source and commingled with minerals from the leased premises, all commingled minerals stockpiled, and such other information as may reasonably be required by the commissioner for the purpose of verifying the amount of royalty due. The weight of the minerals and products as set forth in the monthly statements shall prima facie be binding as between the parties. However, the state has the right to do the following: sample the minerals; check the analyses of test results; inspect, review and test the correctness of the methods, books, records, and accounts of the lessee in sampling, analyzing, recording, and reporting the weights; and to inspect, review, and test the correctness of the weights and scales and other equipment used in measuring the amount of minerals. It is understood that any errors in these reports, when ascertained, shall be corrected. 17. Additional monthly and annual reports to be furnished by lessee; exploration; mine samples required. Except as otherwise permitted by the commissioner, in addition to other reports or statements required in this lease, the lessee shall furnish the following: a. Copies of all exploration data, including, but not limited to, all logs and drill hole records; all maps and coordinates showing drill holes, geophysical grids, geochemical and geologic sampling, trenching, and survey data; all mineral analyses and assays; all chemical and analytical data and information; all laboratory test data; all geophysical, geochemical, and geologic records; all results of mine and mineral processing testings; and all periodic mine maps, analyses maps, cross sections, and development plans. All material required under this subparagraph must be available to the commissioner at all reasonable times. Copies must be submitted annually to the commissioner when the data is in the form customarily prepared for permanent record of the operations on the leased premises. Material available to and furnished to the commissioner under this subparagraph and subparagraph b. shall be considered confidential during the life of this lease. b. A representative portion of all exploration samples and, when requested by the commissioner in writing, a representative portion of mine samples. In the event that the lessee requires certain exploration samples in their entirety, the commissioner may waive the requirement for a quarter-portion of such exploration samples, provided that the lessee grants the state an opportunity to examine and classify such samples before they are crushed or processed. c. A monthly report showing the estimated weights, grades, analyses, or other appropriate measure of all minerals stockpiled and divided as to property of origin and deposition. d. Certified copies of settlement sheets or receipts from sales involving minerals produced from the leased premises showing the product sold and factors relevant to the calculation of royalties. e. Not later than March 1 of each year during the term of this lease, a summary statement of the weights, grades, analyses, or other appropriate measure of all minerals mined and all minerals placed in or removed from stockpile during the previous calendar year, divided as to the property of origin and the disposition of the minerals and showing such analyses of them as the commissioner may require. 18. How remittances and reports are to be transmitted. All remittances by the lessee under this lease must be made payable to the commissioner of management and budget. All such remittances and all reports, notices, and documents required under this lease must be transmitted to the commissioner through the director of the Division of Minerals at 500 Lafayette Road, Saint Paul, Minnesota 55155-4045. 19. State inspection; inspectors at plants and mines. The commissioner may at all reasonable times enter the leased premises and any other premises used or operated by the lessee in connection with the operation of the leased premises, inspect the operations conducted under this lease, and conduct such engineering and sampling procedures and other investigations as the commissioner may require, not unreasonably hindering or interrupting the operations of the lessee. Whenever royalties or rentals due the state are required to be distributed to more than one fund, or when minerals from the leased premises are commingled with other minerals, or when minerals from the leased premises are concentrated at the same plant as other minerals, the commissioner may appoint special inspectors as the commissioner considers necessary to insure proper accounting and protect the interests of the state. The lessee shall reimburse the state monthly for the cost of this inspection service upon notification by the commissioner. 20. Removal of minerals for experimental purposes. Notwithstanding paragraph 10, upon written application of the lessee, the commissioner may authorize the removal of industrial minerals from the leased premises for experimental purposes without payment of royalty. It is further understood that the removal of samples obtained by drilling, trenching, or testpitting, for the purposes of exploration, is not subject to the payment of royalty. 21. Stockpiled minerals. All minerals mined and not shipped from the leased premises remain the property of the state and shall be stockpiled only in such manner and on such sites as may be authorized by the commissioner in writing. 22. Reversion of title on land conveyed to the state for stockpiling purposes. When the commissioner determines that it is necessary and that the interests of the state will be fully protected, the lessee may convey land to the state upon the condition that it be used for the storage of minerals or other materials having present or potential value belonging to the state. The commissioner may accept a conveyance that provides for the state's interest in the land to terminate and title to revert to the lessee when the land is no longer needed or used for storage of minerals or other materials. No consideration shall be paid for the conveyance unless authorized by law. 23. Cross-mining rights. The lessee is hereby granted the right to mine and remove any leased minerals from the leased premises through any shafts, openings, or pits that may be made upon adjoining and nearby premises controlled by the lessee. The lessee may, if it so desires, use the leased premises and any shafts, openings, or pits made on it for the mining or removal of any minerals of the same nature and type as the leased minerals from adjoining or nearby premises. The lessee's use of the leased premises for these purposes may not, however, prevent or interfere with the mining or removal of minerals from said leased premises. The minerals taken from the leased premises must at all times be kept entirely separate and distinct from any other minerals until measured and sampled as provided in this lease so that the rights of the state are at all times preserved and protected. The state recognizes the rights and liens of the owners of any nearby or adjoining premises in any minerals mined from them and transported through the leased premises. 24. Lessee's obligations under state and federal laws and regulations. The provisions of this lease are subject to all applicable state and federal statutes, orders, rules, and regulations, and all operations under this lease shall be conducted in conformity with them. No interference, diversion, use, or appropriation of any waters over which the commissioner or any other state agency has jurisdiction, may be undertaken unless authorized in writing by the commissioner or the state agency. 25. Operations to be conducted in accordance with good mining engineering. The lessee shall advise the commissioner when any mining activities on the leased premises are about to begin. The lessee shall open, use, and work the mine or mines on the leased premises in such manner only as is usual and customary in skillful and proper mining operations in accordance with the requirements, methods, and practices of good environmental and mining engineering, and in such manner as not to cause any unnecessary loss of minerals, or unusual permanent injury to the leased premises. Surface lands owned by the state in the leased premises are not to be cleared or used for roads, construction, or stockpiling purposes until such use has been approved by the commissioner in writing. The surface use of the leased premises must be conducted in such manner as to prevent or reduce scarring and erosion of the land and pollution of air and water. 26. Notice to owner of surface estate. When the leased premises do not include the surface estate, the lessee shall give notice, in writing, to the owner or administrator of the surface estate at least 20 days in advance of any activities which will require use of the surface estate on the leased premises. The notice shall sufficiently describe the activities to enable the owner or administrator of the surface estate to evaluate the extent of the use of the surface estate. 27. Review of exploration; exploration site closure and stabilization. Exploration means the act of searching for or investigating a mineral deposit. Exploration includes examination of an area to determine the quality and quantity of minerals, including obtaining a bulk sample by drilling, excavating, trenching, constructing shafts, ramps, tunnels, pits, and producing refuse and associated activities. Exploration does not include activities intended, by themselves, for commercial exploitation of the ore body.
A. The lessee shall advise the commissioner, in writing, at least 20 days in advance of any exploration activities on the leased premises. The lessee shall specify:
History
- Statutory Authority: MS s 93.25
- History: 19 SR 2433; L 1998 c 254 art 1 s 107; L 2003 c 112 art 2 s 50; L 2009 c 101 art 2 s 109; L 2010 c 361 art 4 s 82
Chapter 6130 FERROUS METALLIC MINERAL MINING
Minn. R. 6130.0100 Definitions
Subpart 1. Acceptable research.
"Acceptable research" means research that is site related, is reasonably designed for the purpose of demonstrating that the goals contained in part 6130.2000 can be achieved, is no larger than necessary to adequately demonstrate the proposed measures, and includes, for comparison, the standards specified in parts 6130.2400, item A; 6130.2500; 6130.2700, item A; and 6130.2900, item A, which the proposed measures are intended to replace.
Subp. 2. Auxiliary facilities.
"Auxiliary facilities" means all permittee owned stationary physical property used in a mining operation, including: power plants and associated facilities; transmission lines; pipelines; roads; railroads; docks and associated facilities; borrow areas and leased borrow areas and associated facilities; blasting agent and fuel production or preparation facilities; and parking areas, shops, offices, buildings, structures, and storage facilities located within the area where mining is conducted. This does not include common carrier transportation facilities.
Subp. 3. Beneficiating plants.
"Beneficiating plants" means all metallic mineral processing plants, such as crushers, mills, concentrators, agglomerating and sintering facilities, smelters, refineries, and other metal making facilities.
Subp. 4. Commissioner.
"Commissioner" means the commissioner of natural resources, or any duly authorized representative.
Subp. 5. Deactivation.
"Deactivation" means the process of finally terminating and reclaiming any specific portion of a mining operation. Deactivation begins when, as prescribed in the permit to mine, all mining activities and uses have ceased and there will be no renewed use or activity by the permittee.
Subp. 6. Hereafter.
"Hereafter" means after August 25, 1980.
Subp. 7. Mine waste.
"Mine waste" means any material, such as surface overburden, rock, lean ore, or tailings which in the process of mining and beneficiation has been removed from the earth and stored elsewhere on the surface.
Subp. 8. Mining.
"Mining" means the process of removing, stockpiling, processing, storing, transporting (excluding use of common carriers and public transportation systems), and reclaiming any material in connection with the commercial production of metallic minerals. This includes exploration activities such as the taking of large bulk samples.
Subp. 9. Mining area or area subjected to mining.
"Mining area" or "area subjected to mining" means any area of land from which material is hereafter removed in connection with the production or extraction of metallic minerals, the lands upon which material from such mining is hereafter deposited, the lands upon which beneficiation plants and auxiliary facilities are hereafter located, lands upon which the water reservoirs used in the mining process are hereafter located, and auxiliary lands which are hereafter used or intended to be used in a particular mining operation.
Subp. 10. Mining operation.
"Mining operation" means all of a mining project without regard to political, administrative, or ownership boundaries, which includes all of the facilities used in "mining" as defined in subpart 8.
Subp. 11. Natural resources.
"Natural resources" means all mineral, animal, plant, air, water, land, timber, soil, quietude, recreational, historical, scenic, and aesthetic resources.
Subp. 12. Operator.
"Operator" means any owner or lessee of mineral rights engaged in or preparing to engage in a mining operation.
Subp. 13. Permit to mine.
"Permit to mine" means legal approval given by the commissioner to conduct a mining operation or a scram mining operation.
Subp. 14. Reclamation.
"Reclamation" means the successful accomplishment of the goals in parts 6130.1000 to 6130.4100.
Subp. 15. Reference area.
"Reference area" means a vegetated land unit which is designated for comparatively measuring reclamation vegetation success.
Subp. 16. Scram mining operation.
"Scram mining operation" means a mining operation which produces natural iron ore or natural iron ore concentrates as defined by Minnesota Statutes, section 93.20, subdivisions 12 to 17, from previously developed stockpiles, tailings basins, underground mine workings, or open pits, which involves no more than 80 acres of land not previously affected by mining. Greater areas shall be allowed if the operator can demonstrate that impacts would be substantially the same as other scram operations. "Lands not previously affected by mining" means lands upon which mine wastes have not been deposited and lands from which materials have not been removed in connection with the production or extraction of metallic minerals.
Subp. 17. Stockpile.
"Stockpile" means an accumulation of mine waste. It does not include tailings basins, fossil fuel, finished product, or surge piles.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.0200 Purpose and Policy
The purpose of parts 6130.0100 to 6130.6300 is to implement Minnesota Statutes, sections 93.44 to 93.51 in order to control possible adverse environmental effects of mining, to preserve the natural resources, and to encourage the planning of future land utilization, while at the same time promoting the orderly development of mining, the encouragement of good mining practices, and the recognition and identification of the beneficial aspects of mining.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.0300 Scope
Subpart 1. Persons currently engaged in metallic mining.
Any person engaged in metallic mining shall apply for a mining permit or a scram mining permit within 180 days of August 25, 1980.
Subp. 2. Permits before commencement of operations.
Any person hereafter intending to conduct a new mining operation or reactivate an inactive mining operation shall obtain a mining permit or a scram mining permit prior to commencing operations.
Subp. 3. Term of mining permit.
The term of a mining permit shall be the period determined necessary by the commissioner for the completion of the proposed mining operation, based on information provided pursuant to part 6130.4300.
Subp. 4. Term of scram mining permit.
The term of a scram mining permit shall not exceed five years.
Subp. 5. Iron as predominant extract in mining operations.
These parts apply to metallic mining operations from which iron is the predominant metal extracted:
A. all portions of any mining operation initiated hereafter, including both new operations and reactivated inactive operations; and
B. the following portions of existing mining operations:
Subp. 6. Waiver.
When part of any mining area is included in the mining and reclamation plans of two or more persons who are not copermittees, that portion of the reclamation requirements which is the responsibility of the persons who first performs the mining may be waived by the commissioner provided:
A. subsequent disturbance by another operator is scheduled, according to such operator's permit to mine;
B. the operator who will perform subsequent mining presents plans, and accepts responsibility for the performance of any necessary reclamation which may be incurred as a result of the previous mining operation; and
C. no significant environmental damage is likely to occur as a result of the waiver.
Subp. 7. Effect on other rules, statutes, or ordinances.
Nothing in these parts waives the requirements of any other applicable rules of the Department of Natural Resources or any other agency or governmental unit or of any other applicable statute or ordinance.
Subp. 8. Conflict in rules.
Where these parts conflict with other applicable statutes, rules, and ordinances, the most restrictive provision shall apply.
Subp. 9. Other rights.
Subject to Minnesota Statutes, section 93.47, subdivision 3, these parts shall be subject to any rights existing pursuant to any permit, license, lease, or other valid existing authorization issued by the commissioner, the Minnesota Pollution Control Agency, or any other governmental entity or their predecessors office.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.0400 Severability
If any provision of these parts is held invalid, such invalidity shall not affect any other provision of the rules which can be given effect without the invalid provision, and to this end the provisions of these parts are declared to be severable.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.1000 Siting Goals
Mining shall be conducted on sites that minimize adverse impacts on the environment and the public. Separations shall be maintained between mining areas and adjacent conflicting land uses. All sites shall incorporate setbacks or separations which are needed to comply with air, water, and noise pollution standards; local land use regulations; and requirements of other appropriate authorities.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.1100 General Criteria for Site Selections
Portions of a mining operation for which there is flexibility in site selections, such as stockpiles, tailings basins, water reservoirs, processing plants, offices interconnecting roadways and auxiliary facilities, shall be sited so that:
A. impacts on the public due to wind erosion, noise, and air emissions are minimized;
B. potential injury to life, property, and natural resources due to dam or slope failure is minimized;
C. major modifications of watersheds, including diversions of surface water and alterations of groundwater levels are minimized;
D. runoff and seepage can be managed to minimize environmental effects;
E. spilled material resulting from pipeline rupture or emergency release can be contained and controlled;
F. former mining areas are used in preference to areas undisturbed by mining; and
G. conflicts with natural resource sites identified by the commissioner such as those listed in V 21 Natural Resources Sites, Minesite Data Manual, Minnesota Department of Natural Resources, are minimized.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.1200 Exclusion Areas for Mining
No mining shall be conducted within any of the following areas unless the commissioner determines that a state or national emergency exists which would require the exploitation of the mineral resources within such areas:
A. On and within one-fourth mile of the Boundary Waters Canoe Area, as defined in chapter 6140, state or national wilderness areas, state or national parks and national monuments, except where such areas are established as a result of their association with mining.
B. Within a national, wild, scenic, or recreational river district or within one-fourth mile of a national wild, scenic, or recreational river (whichever is greater): and within a designated state land use district or within one-fourth mile of any state wild, scenic, or recreational river (whichever is greater) however, underground mining may be permitted to the extent consistent with the governing Wild and Scenic Rivers Act and the rules promulgated thereunder.
C. On sites designated in the state Registry of Historic Sites or National Register of Historic Places, except where such areas are established as a result of their association with mining, and on designated state scientific or natural areas.
D. Within 300 feet of any state designated trout stream, any river listed in Minnesota Statutes, section 85.32, subdivision 1, and the Redwood, Yellow Medicine, Chippewa, Bois de Sioux, Red River of the North, Roseau, Rainy, Vermillion, Kawishiwi, and Pigeon Rivers.
E. Within 400 feet of any natural watercourse located within the area defined by the federal Shipsted-Newton-Nolan Act, United States Code, title 16, sections 577 to 577b.
F. Within any lake greater than 80 acres in size and any stream trout lake designated by the commissioner.
G. Within that area adjacent to the north shore of Lake Superior classified as the lake orientation zone in the DNR report North Shore Characterization Study. However, within this zone existing processing and by-product disposal shall be allowed at Silver Bay. The storage and transshipment of product and fuel, add docks and associated facilities shall be allowed at Duluth, Two Harbors, Silver Bay, and Taconite Harbor. The removal of ore by underground mining within this zone may be permitted subject to conditions prescribed by the commissioner when such mining can be conducted in a manner consistent with these parts.
H. Within the following setback areas containing dwellings, buildings, roads, or facilities which are in existence prior to the issuance of a permit to mine:
I. Within any area except federal areas added to the categories listed in part 6130.1200 which is designated hereafter but prior to the issuance of a permit to mine involving such area provided that such designation is made by a process which includes a public hearing.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.1300 Avoidance Areas for Mining
When there is a feasible and prudent alternative, no mining shall be conducted within the following areas:
A. Within any national wildlife refuge or waterfowl production area. State wildlife management area or on lands designated as national natural landmarks or national trails or any state designated trail listed in Minnesota Statutes, section 85.015.
B. Within any shorelands defined in Minnesota Statutes, section 103F.205, which county or municipal shoreland management ordinances have been established in compliance with Minnesota Statutes, sections 103F.201 to 103F.221.
C. Within that area near the north shore of Lake Superior classified as the transition zone in the DNR report North Shore Characterization Study.
D. Within any area added to the categories listed in this part which is designated hereafter but prior to the issuance of a permit to mine involving such area.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.1400 In-Mine Disposal
Subpart 1. Goals.
Mining shall be conducted to maximize use of past, present, and future mining areas so as to minimize the amount of land disturbed by mining and reduce the loss of nonmineral resources.
Subp. 2. Requirements.
Requirements:
A. The commissioner may require in-mine disposal of mine waste.
B. Mining methods and schedules shall be used which provide areas for waste disposal at the earliest opportunity.
C. The commissioner will consider factors such as the following to determine the extent to which in-mine disposal shall be required:
D. Mine waste which is placed within an open pit mine below the ultimate pit water elevation shall be exempted from the requirements of parts 6130.2000 to 6130.3600. These shall be designed and constructed to prevent adverse environmental effects.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.1500 Buffers and Barriers
Subpart 1. Goals.
A mining operation shall be designed, constructed, and maintained so that the operation is compatible with surrounding nonmining uses.
Subp. 2. Requirements.
Requirements:
A. Naturally existing terrain and vegetation, or vegetated mine waste which appear similar to natural terrain shall be used to minimize problems such as: noise, dust and chemical air pollutants, view, mine traffic, access, and erosion.
B. Buffering shall be implemented prior to beginning operations in a portion of a mining area that needs buffering.
C. Buffers may be constructed within the setback areas described in part 6130.1200, item H provided their primary purpose fulfills item A.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.2000 Goals of Sloping and Landform Design
Landforms shall be designed and constructed to complement nearby natural terrain, minimize adverse water quality and quantity effects on receiving waters, enhance the survival and propagation of vegetation, be structurally sound, control erosion, promote early completion and progressive reclamation, and encourage the prompt conversion from mining to an approved subsequent use.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.2100 Stockpile Design and Construction Standards
All stockpiles shall be designed and constructed according to the following standards:
A. Existing stockpiles shall be incorporated or extended to the extent possible.
B. Water shall be drained away from the top of any stockpile in a manner which will not adversely affect the structural stability of the stockpile and will minimize erosion.
C. All runoff and drainage control measures shall be designed to withstand a 100-year frequency, 24-hour duration storm as developed using good hydraulic and hydrologic practices.
D. If runoff from stockpiles has caused or is likely to cause violations of water quality standards, the runoff shall be collected and held in a settling basin until it meets, or is treated to meet, effluent limitations.
E. Runoff or drainage controls shall be designed by a qualified person proficient in hydrologic analysis and water channel design.
F. When a water quality problem has occurred or is likely to result from leaching of stockpiled material, the commissioner shall require one or more of the following based on the type of material and the nature and location of the problem:
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.2200 Management of Runoff
Mining areas shall be managed so that watershed modifications are minimized. Runoff from these areas shall be discharged without injury to life, property, and natural resources. Upon deactivation, any runoff from drainage areas altered by mining shall be discharged into receiving waters within the same watershed as existed before mining. When conditions do not allow discharge into the premining watershed, runoff shall be discharged at locations, and in volumes and rates which can be accepted by the receiving waters without injury to life, property, and natural resources.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.2300 Examination by Engineer
When mine waste is deposited on areas with unstable foundations such as peat, muskeg, bedded lacustrian deposits, fault zones, and areas above underground mine workings, an engineer shall examine the foundation and design the landforms to be stable.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.2400 Standards for Rock, Lean Ore, and Coarse Tailings Stockpiles
Rock, lean ore, and coarse tailings stockpiles, unless they are an integral part of a tailings impoundment, shall be designed and constructed according to either of the following standards:
A. The final exterior slopes shall consist of benches and lifts as follows:
B. Based upon acceptable research the commissioner shall approve other measures which satisfy part 6130.2000.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.2500 Surface Overburden
A minimum of two feet of surface overburden shall be placed upon the completed portions of each bench and top of any rock, lean ore, or coarse tailing stockpile and upon other portions of such stockpiles for which vegetation has been required or approved. Based upon acceptable research the commissioner shall approve other measures which satisfy part 6130.2000.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.2600 Special Treatment of Stockpiles with Rapidly Decomposing Materials
Rock, lean ore, or coarse tailings stockpiles consisting of rapidly decomposable material which is susceptible to wind or water erosion or highly erodible soils shall receive treatment such as:
A. covering with less erodible material;
B. shortening or flattening the slopes; and
C. vegetating the slopes.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.2700 Standards for Surface Overburden Stockpile Design and Construction
Surface overburden stockpiles shall be designed and constructed according to either of the following standards:
A. The final exterior slopes shall consist of benches and lifts as follows:
B. Based upon acceptable research the commissioner shall approve other measures which satisfy part 6130.2000.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.2800 Separation of Materials in Stockpiles
Iron formation and Duluth complex formation materials of varying grades and types shall be segregated within the same stockpile or placed in separate stockpiles. Materials which require different means of beneficiation shall not be commingled.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.2900 Standards for Design and Construction of Surface Overburden Portions of Pitwalls
Surface overburden portions of pitwalls shall be designed and constructed to either of the following standards:
A. The final exterior slopes shall consist of benches and lifts as follows:
B. Based upon acceptable research the commissioner shall approve other measures which satisfy part 6130.2000.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.3000 Design, Construction, and Operation of Tailings Basins
Tailings basins shall be designed, constructed, and operated according to the following:
A. The storage of tailings within an approved site shall be maximized while meeting part 6130.2000.
B. A means of draining the pond area and managing runoff shall be provided consistent with part 6130.2200.
C. During the mining operation dust generation shall be minimized by maximizing the area of permanently reclaimed tailings. The remaining active tailings areas shall be covered with water to the maximum extent possible and beach areas shall be temporarily stabilized consistent with part 6130.3700.
D. Tailings basins shall be designed, by registered professional engineers proficient in geotechnical and other aspects of design, construction, operation, and maintenance of tailings basins. The construction, operation, and maintenance of basins shall be periodically reviewed by such engineers to ensure compliance with the design.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.3500 Goals of Vegetation
Vegetation shall be established to control erosion, prevent and control leaching of toxic substances, screen mining areas from noncompatible uses, and provide wildlife habitat or other uses such as pasture or timber land.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.3600 Vegetation Requirements
Subpart 1. Location of vegetation.
Vegetation shall be established on the following:
A. surface overburden stockpiles;
B. exposed soils along diversion channels and roads;
C. cuts, pits, trenches, and other areas disturbed during the process of obtaining borrow materials or bulk samples, except those entirely included in larger mining landforms;
D. benches and tops of rock and lean ore stockpiles;
E. tailings basins;
F. dikes and dams;
G. exposed soils adjacent to water reservoirs;
H. areas exposed or disturbed during deactivation procedures such as building sites, parking lots, pipeline routes, storage areas, transmission routes, and roads not used for subsequent access;
I. surface overburden portions of pitwalls;
J. buffers and barriers; and
K. subsided areas not permanently covered by water.
Subp. 2. Other vegetative measures.
Other vegetative measures shall be undertaken, as necessary, to:
A. control access to pits and other hazardous areas, for safety purposes;
B. control wind erosion, provide buffering and enhance the establishment of approved specific subsequent uses, through the development plant communities with specific density and composition;
C. control dust on temporarily inactive tailings basins to which the nonvegetative methods prescribed pursuant to part 6130.3700 are not being applied;
D. provide aesthetic and compatible areas on rock, lean ore, and coarse tailings stockpile slopes, within one-fourth mile of residential and designated public use areas, except designated trails; and
E. control the quality of water which would otherwise contact rapidly decomposable material or material subject to leaching.
Subp. 3. Timing and techniques of vegetation establishment.
The establishment of vegetation shall be initiated during the first normal planting period following the point when according to the permit to mine, a surface, structure, facility, or element is no longer scheduled to be disturbed or used in a manner that would interfere with the establishment and maintenance of vegetation, or after it has otherwise been required, using techniques such as grading, disking, or chisel plowing to reduce compaction, seeding or planting, fertilizing, mulching, and irrigating.
Subp. 4. Vegetation standards.
The following standards apply to the areas listed in subpart 1:
A. After three growing seasons following the point when according to the permit to mine, a surface, structure, facility, or element is no longer scheduled to be disturbed or used in a manner that would interfere with establishment and maintenance of vegetation, a 90 percent ground cover, consisting of living vegetation and its litter, shall exist on all areas, except slopes which primarily face south and west. Such sloped areas shall attain the 90 percent ground cover requirement within five growing seasons following the point when initiation of vegetation is required. Where this standard is not met, or where unvegetated rills or gullies more than nine inches deep form and erosion is occurring, the surface shall be repaired and replanted during the next normal planting period.
B. Within ten growing seasons after the point when according to the permit to mine, a surface, structure, facility, or element is no longer scheduled to be disturbed or used in a manner that would interfere with the establishment and maintenance of vegetation, an area shall have a vegetative community with characteristics similar to those in an approved reference area. The vegetation on a reference area may be either planted or naturally occurring. For the purpose of controlling erosion, it shall be self-sustaining, regenerating, or a stage in a recognized vegetation succession which provides wildlife habitat or other uses such as pasture or timber land. Reference areas must be representative of the site conditions and possible uses which might exist on mining landforms. No release pursuant to part 6130.5400 shall be granted until the area has such characteristics.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.3700 Air Pollution
Subpart 1. Goal.
Mining shall be managed to control avoidable dust.
Subp. 2. Requirement.
Avoidable dust shall be controlled by techniques such as water spray, chemical binders, anchored mulches, vegetation, and enclosure and containment.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.3800 Goal of Blasting
Effects of air overpressure and ground vibrations from production blasts shall be kept at levels which will not be injurious to human health or welfare and property outside mining areas.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.3900 Blasting Requirements
Subpart 1. Air overpressure standards.
Air overpressure standards:
A. Air overpressure on lands not owned or controlled by the permittee shall not exceed 130 decibels as measured on a linear peak scale, sensitive to a frequency band ranging from six cycles per second to 200 cycles per second.
B. All open pit blasts shall be monitored by the operator. Monitoring stations shall be located adjacent to the nearest structure located on lands not owned or controlled by the permittee, and where the commissioner deems necessary to investigate complaints. Scram operators are not required to conduct air overpressure monitoring except as required for complaint investigation.
C. All open pit mining operators shall keep a blaster's log of production blasts for a period of at least six years containing the following:
D. If a focusing condition is detected which could cause the blast to adversely affect populated areas, blasting shall be postponed until the condition is no longer present.
E. Blasting shall take place only during daylight hours unless a hazardous condition requires blasting at another time.
Subp. 2. Ground vibration control.
Ground vibration control:
A. The maximum peak particle velocity from blasting shall not exceed one inch per second at the location of any structure located on lands not owned or controlled by the permittee.
B. The permittee shall either:
C. In the event of a complaint or when ground vibrations have or are likely to exceed the one inch per second standard, the commissioner shall require permittees using underground mining methods to maintain a blaster's log for the purpose of assessing ground vibration control.
Subp. 3. Retention of monitoring data.
All monitoring data collected shall be saved for a period of six years and made available to the commissioner upon request.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.4000 Subsidence and Other Surface Displacement
Subpart 1. Goal.
Mining operations shall be conducted in a manner which will prevent or mitigate hazardous conditions which result from slumping, heaving, and subsidence.
Subp. 2. Requirements.
Techniques shall be employed which prevent slumping and heaving.
In the event of actual or likely subsidence the permittee shall establish ground control survey locations and conduct surveys to document the extent of ground movement.
After subsidence has ceased, affected areas shall be contoured or filled to remove hazards and where necessary to protect public health and safety or natural resources, a drainage system shall be established in a manner consistent with part 6130.2200.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.4100 Deactivation and Release
Subpart 1. Goal.
The mining area shall be deactivated so that it is nonpolluting, is stable, is free of hazards, minimizes the need for fencing, has current land use and future land use potential which recognizes the needs of the surrounding area, and is maintenance free to the maximum extent possible.
Subp. 2. Requirements.
Requirements:
A. At least two years prior to deactivation of any portion of the mining area, proposed subsequent uses shall be presented to the commissioner for approval, pursuant to part 6130.5000. The proposed uses shall be selected based on:
B. The mining area shall be managed during deactivation to achieve the approved subsequent uses.
C. Within one year after deactivation begins, or within such longer period which may reasonably be necessary to accomplish these activities, debris and mobile equipment which will not be used for reclamation shall be removed from the area being deactivated.
D. Within three years after deactivation begins, or within a such longer period which may reasonably be necessary to accomplish these activities the following shall be accomplished:
E. Exposed underground mine workings shall be promptly sealed as approved by the commissioner and the county mine inspector.
F. Within three years after deactivation of an open pit begins, the following shall be accomplished:
G. Within three years after deactivation of a tailings or settling basin begins, or within such longer period which may reasonably be necessary for the accomplishment of these activities, the permittee shall in a manner consistent with part 6130.2200:
H. Within three years after the commencement of deactivation of a reservoir, or within such longer period which may reasonably be necessary to accomplish these activities, the permittee shall in a manner consistent with part 6130.2200:
I. When continued maintenance is necessary after deactivation, pursuant to parts 6130.1000 to 6130.4100, and as a condition for release pursuant to part 6130.4700, operating plans, schedules, and funding arrangements for providing the maintenance shall be submitted to the commissioner.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.4200 Permit to Mine Metallic Minerals
Subpart 1. In general.
No person shall carry out a mining operation for metallic minerals in this state without first obtaining a permit to mine from the commissioner. Where two or more persons are or will be engaged in a mining operation, all such persons shall join in the application and the permit to mine shall be issued on a joint basis. Where a person is or will be engaged in only a portion of the operation, that person need only be a joint permittee in the portion in which that person is participating.
Subp. 2. Mines in operation on August 25, 1980.
A person conducting a mining operation on August 25, 1980, who applied for a permit to mine within 180 days, after August 25, 1980, may continue to conduct such operation during the pendency of the application.
Subp. 3. Application contents.
Applications shall include, pursuant to part 6130.4300: documents, organizational data, environmental setting maps, environmental setting analysis, mining and reclamation maps, mining and reclamation plan, and operating plan covering the current or immediate upcoming planning period.
Subp. 4. Mine with life of five years or less.
If the life of the mine will be five years or less, the application and deactivation plan may be combined, pursuant to part 6130.4600.
Subp. 5. Information required after permit issued.
After receiving a permit to mine, the permittee shall provide the commissioner with the following, pursuant to parts 6130.4400 to 6130.4700: operating plans for succeeding years of operation, annual reports, a deactivation plan, and a request for release.
Subp. 6. Combined documents.
When the submittal dates for annual reports and operating plans correspond, they may be combined into one document.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.4300 Permit Applications
Subpart 1. In general.
An application for a permit to mine shall be submitted in duplicate by the applicant to the commissioner in the form hereby prescribed.
An application for a mining permit shall include all information pursuant to this part. An application for a scram mining permit shall include all information, pursuant to subparts 2, 3, 6, and 7.
Subp. 2. Documents.
The following documents are required:
A. a certificate or evidence of insurance, as required in Minnesota Statutes, section 93.481, subdivision 1, clause (2);
B. the notice and affidavit of publication, pursuant to part 6130.4800, subpart 1;
C. if the applicant is a foreign corporation, as defined by Minnesota Statutes, sections 300.02 and 303.02, a certified copy of the certificate of authority to transact business in the state of Minnesota; and
D. financial and income statements from all applicants for the previous three years, consisting of annual reports or, if annual reports are not available, a similar statement describing financial capability to perform reclamation obligations.
Subp. 3. Organizational data.
The following organizational data are required:
A. the post office address of the applicant;
B. the general organizational structure of the applicant, any parent companies, owners, principal stockholders, partners, and joint venturers;
C. any managing agents or subsidiaries which are or may be involved in the mining operation; and
D. organizational relationships between or among joint applicants.
Subp. 4. Environmental setting maps.
The commissioner shall make available to the applicant, at the applicant's expense, copies of all relevant publication information in the commissioner's possession for the applicant's use in preparing environmental setting submissions. The applicant shall submit the following information on overlays to 7-1/2 minute USGS quadrangle or other maps of the same scale delineating the mining area. Maps shall include such adjacent lands as required by the commissioner, to show the areas directly or indirectly affected by the mining operation. Overlays shall include:
A. Bedrock geology, including the general shape of orebody and known or inferred reserves and resources within and adjacent to the mine area. Appropriate cross-sections which show the horizontal and vertical relationships shall also be included.
B. Water basins, water courses, and wetlands which are or could be affected by the mining operation.
C. Boundaries of watersheds which are or could be affected by the mining operation.
D. Details of ground water conditions based on best available information and exploratory drill holes.
E. Natural resource sites identified by the commissioner, such as those listed in Minesite Data Manual, V21 Natural Resources Sites, Minnesota Department of Natural Resources.
F. A forest inventory, including species, density, size class, and height.
G. A soil inventory including soil type, extent, and thickness.
H. Past mining facilities including stockpiles, tailings basins, mines, and processing plants.
I. Surface ownership of record within the mining area, and severed mineral ownership as set forth in verified statements pursuant to Minnesota Statutes, section 93.52 or in an order or decree pursuant to Minnesota Statutes, section 93.55, subdivision 2, filed in the county recorder's office with respect to severed mineral interests in parts of the mining area which will be excavated or covered with mine wastes. An owner's agent may be identified in place of the owner. No error in the designation of surface or mineral ownership shall affect the validity of the application. This requirement shall not apply to lands occupied by existing railroads not located in mine or plant areas.
J. Exclusion, avoidance, and setback areas, pursuant to parts 6130.1000 to 6130.1300.
Subp. 5. Environmental setting analysis.
Based on the environmental setting data submitted pursuant to subpart 4, the applicant shall provide the commissioner with an environmental analysis including:
A. a copy of any environmental reports prepared relative to the mining operation; and
B. an explanation of the basis for siting those parts of operation which will be developed hereafter, including a description of the positive and negative aspects of all sites considered, and how the selected site will aid in the attainment of the reclamation goals.
Subp. 6. Mining and reclamation maps.
The applicant shall submit maps and cross-sections containing all features normally found on a USGS quadrangle map, at a scale which is normally used by the operator for the mine planning purposes, which:
A. define the shape and extent of the orebody which will support the operating life of the mine;
B. identify all known and inferred mineral reserves or resources which are located within the mining area but which have not been included as part of the mining plan;
C. identify lands proposed for use as vegetative reference areas;
D. depict the detailed drainage patterns for waters which may contact leachable materials; and
E. depict at appropriate intervals, approved by the commissioner, the status of:
Subp. 7. Mining and reclamation plan.
This plan shall describe:
A. the operating life of the mine, including the rate of mining and anticipated changes in that rate, and the factors used to determine the minable reserves and changes which would expand or diminish such reserves;
B. the mining activities to be conducted, including:
C. the methods, sequence, and schedules of reclamation which address the goals and meet the requirements of parts 6130.1000 to 6130.4100, including anticipated reclamation research.
History
- Statutory Authority: MS s 93.47
- History: 17 SR 1279
Minn. R. 6130.4400 Mine Operating Plan
The permittee shall submit to the commissioner in duplicate an operating plan covering a forthcoming period, which does not exceed five years in length. The operating plan shall consist of the plans normally prepared for the mining operation which shall include the following:
A. any changes in the rate of mining or minable reserves pursuant to part 6130.4300, subpart 7, item A;
B. the mining activities pursuant to part 6130.4300, subpart 7, item B;
C. the reclamation activities pursuant to part 6130.4300, subpart 7, item C; and
D. a map in the form prescribed by part 6130.4300, subpart 6, which depicts the status of mining, construction, reclamation, and watershed modifications pursuant to part 6130.4300, subpart 6, item E. Subsequent plans shall be submitted 90 days before the end of the prior plan.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.4500 Annual Mining Report
The permittee shall submit for the previous year an annual report to the commissioner in duplicate on or before January 31 of each year. The report shall detail:
A. annual financial and income statements for the preceding fiscal year pursuant to part 6130.4300, subpart 2, item D;
B. the actual rate of mining and the remaining minable reserves pursuant to part 6130.4300, subpart 7, item A and consistent with part 6130.4400, item A;
C. the actual mining activities pursuant to part 6130.4300, subpart 7, item B, and consistent with part 6130.4400, item B;
D. the actual reclamation activities pursuant to part 6130.4300, subpart 7, item C and consistent with part 6130.4400, item C; and
E. a map in the form prescribed by part 6130.4300, subpart 6, which depicts the status of mining, construction, reclamation, and watershed modifications pursuant to part 6130.4300, subpart 6, item E.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.4600 Plan for Deactivation
The permittee shall submit to the commissioner in duplicate a deactivation plan at least two years prior to beginning deactivation for any portion of the mining area. This plan shall replace the operating plan for the portion to be deactivated and shall contain:
A. plans, designs, specifications, and supporting data for reclamation activities which comply with parts 6130.1000 to 6130.4100;
B. a reclamation compliance schedule; and
C. a discussion of how the land will be managed until the permittee requests release pursuant to part 6130.5400.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.4700 Request for Release
The permittee shall submit to the commissioner in duplicate, a request for release, pursuant to part 6130.5400. This request shall include the following:
A. certification of compliance with the applicable sections of these rules, the approved deactivation plans, and the permit to mine;
B. a detailed description of provisions for continued maintenance;
C. identification of the ownership of the mining area and all remaining structures and facilities; and
D. a map in the form prescribed by part 6130.4300, subpart 6, which depicts the following:
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.4800 Procedures for Obtaining a Permit to Mine
Subpart 1. Application and publication.
The process for requesting a permit to mine is commenced by submitting an application to the commissioner pursuant to parts 6130.1000 to 6130.4700. After the commissioner determines the application is complete, the applicant shall publish an advertisement as required by part 6130.5700. Within seven days after the last date of publication, the applicant shall submit to the commissioner a copy of the advertisement and an affidavit from the printer verifying publication. The application shall then be considered filed.
Subp. 2. Determination with hearing.
Determination with hearing:
A. Written objections and a request for a hearing may be filed with the commissioner according to provisions of Minnesota Statutes, section 93.481, subdivision 2.
B. Within ten days after the receipt of the objections, the commissioner shall determine whether the person filing the objection is entitled to object. If the objections were filed by a person entitled to object, the commissioner shall:
C. The commissioner may hold a hearing on the proposed application without receipt of objections if the commissioner deems it necessary to protect public health, safety, and welfare.
D. Within 120 days after the close of the hearing record, or 90 days after service of the administrative law judge's report whichever comes later, the commissioner shall grant the permit to mine with or without modifications or conditions or deny the permit to mine stating reasons therefor.
Subp. 3. Determination without hearing.
Determination without hearing:
A. If, within 30 days after the last publication required by part 6130.5700, no objections to an application are received from persons entitled to object, the commissioner within 120 days, may without hearing process the application in accordance with the following:
B. If the commissioner has made a request for additional information within 120 days after receiving such information, the commissioner shall grant the permit to mine with or without modifications or conditions or deny the permit to mine stating reasons therefor.
Subp. 4. Hearing upon demand of applicant.
Hearing upon demand of applicant:
A. If the commissioner processes the application without a hearing, the applicant may, within 30 days after mailed notice of the commissioner's order on the application, file with the commissioner a demand for hearing pursuant to Minnesota Statutes, chapter 14. The application shall thereupon be fully heard on notice.
B. Within 120 days after the close of the hearing record or 90 days after service of the administrative law judge's report, whichever comes later, the commissioner shall grant the permit to mine with or without modifications or conditions or deny the permit to mine stating reasons therefor.
Subp. 5. Review of operating plan.
After granting the permit to mine, the commissioner shall review the operating plan required by part 6130.4400, to determine if it complies with the provisions of the permit to mine and these rules. Upon completion of this review, the commissioner shall inform the permittee regarding compliance of the plan with the permit to mine and these parts.
History
- Statutory Authority: MS s 93.47
- History: L 1984 c 640 s 32; 17 SR 1279
Minn. R. 6130.4900 Variances
Subpart 1. Application for variance.
A proceeding for requesting a variance from these rules is commenced when the permit applicant or permittee files an application for a variance with the commissioner. The application shall include information necessary for the commissioner to determine that the proposed variance is consistent with the general welfare and the goals of these rules.
Subp. 2. Determination by commissioner.
Within 30 days after receipt of the application, the commissioner shall determine whether the proposed variance constitutes a substantial change from the requirements of these parts.
If the commissioner determines that a substantial change would result, the applicant shall follow the procedures for permit to mine applications, as set forth in part 6130.4800.
If the commissioner determines that there would be no substantial change the commissioner shall without a hearing allow the variance with or without additional terms or conditions which are consistent with these parts, or deny the application stating reasons therefor.
Subp. 3. Demand for a hearing.
If the commissioner processes the application without a hearing, pursuant to subpart 2, the applicant may file with the commissioner a demand for hearing on the decision pursuant to part 6130.4800, subpart 4.
Subp. 4. Simultaneous filing of applications.
Applications for variance from these rules may be filed simultaneously with an application for a permit to mine, provided that the advertisement contains all information required for applications for permits to mine and for variance.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.5000 Amendments to Permits to Mine
Subpart 1. Application for amendment.
A proceeding for requesting an amendment of a permit to mine is commenced when the permittee files an application for an amendment with the commissioner. The application shall include information necessary for the commissioner to determine that the proposed amendment meets the lawful requirements and these rules.
Subp. 2. Determination by commissioner.
Within 30 days after receipt of the application, the commissioner shall determine whether the proposed amendment constitutes a substantial change in the permit to mine.
If the commissioner determines that a substantial change would occur, the applicant shall follow the procedures for permit to mine applications, as set forth in part 6130.4800.
If the commissioner determines that there would be no substantial change, the commissioner shall without a hearing allow the amendment with or without additional terms or conditions which are consistent with these rules, or deny the applications stating reasons therefor.
Subp. 3. Demand for a hearing.
If the commissioner processes the application without a hearing pursuant to subpart 2, the applicant may file with the commissioner a demand for hearing on the decision pursuant to part 6130.4800, subpart 4.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.5100 Cancellation of Permit
Subpart 1. Cancellation at the request of permittee.
A proceeding to cancel a permit to mine at the request of the permittee is commenced when a permittee files a written request with the commissioner. The request shall identify the permittee and give reasons for the cancellation.
Within 30 days after the receipt of a request, the commissioner shall determine whether cancellation would have a significant adverse effect on any public interest relating to the goals of these parts.
If the commissioner determines that cancellation shall have such adverse effect the permittee shall publish an advertisement pursuant to part 6130.5700 and the commissioner shall proceed as if the commissioner had received an application for a permit to mine, pursuant to part 6130.4800.
If the commissioner determines that the cancellation shall not have such adverse effect, the permit may be canceled with or without conditions.
Subp. 2. Cancellation with consent of permittee.
A proceeding to cancel a permit to mine with the consent of the permittee is commenced when the commissioner serves the permittee with written request giving reasons for the cancellation.
If no reply or an affirmative reply is filed with the commissioner within 30 days, procedures pursuant to subpart 1 shall be commenced except that the commissioner shall publish an advertisement pursuant to part 6130.5700.
If a negative reply is filed with the commissioner within 30 days, the permit to mine will continue in effect or a proceeding to revoke the permit to mine pursuant to part 6130.5200 shall be commenced.
History
- Statutory Authority: MS s 93.47
- History: 17 SR 1279
Minn. R. 6130.5200 Revocation or Modification of a Permit to Mine
Subpart 1. Commencement of proceedings.
A proceeding to revoke or modify a permit to mine, to require a performance bond, or to assess a civil penalty shall be commenced by serving upon the permittee:
A. a notice and order for hearing in the form and manner pursuant to part 1400.5600;
B. a proposed order revoking or modifying the permit to mine, requiring a performance bond, or assessing a civil penalty; and
C. a statement of the measures, if any, required to correct the situation and the time available therefor. If conditions that provided the grounds for such an action are corrected to the commissioner's satisfaction, within a period, established by the commissioner, of not less than 15 days after the notice, or as appropriate, approved measures are taken to ensure that such conditions do not reoccur, the proceedings shall be canceled.
Subp. 2. Hearing prior to determination.
Hearing prior to determination:
A. The commissioner shall hold a hearing prior to the determination to revoke or modify a permit to mine, require a performance bond, or assess a civil penalty if, within 15 days after commencement of the proceeding, any permittee serves an answer on the commissioner and all other parties. If an answer is served, the commissioner, without further notice, shall hold the hearing at the time and place specified in the order for hearing. No hearing shall be held less than 30 days after commencement of the proceeding. An answer shall contain the following: a written statement of the defenses to each violation alleged in the order for hearing, and a specific admission, denial, or explanation of each fact alleged in the order for hearing, or, if the permittee is without knowledge thereof, a statement to that effect. Allegations of a complaint not thus answered shall be deemed to have been admitted.
B. If an answer contains an admission to an alleged fact no hearing shall be held on that fact and the allegation shall prevail.
C. Failure of a permittee to serve an answer, pursuant to subpart 2, item A, or to appear at the hearing shall be deemed to constitute a waiver of a hearing on the allegations of the order for hearing and the contents of the proposed order. Such waiver authorizes the commissioner, without further notice to the permittee and without proceeding further with the hearing, to adopt the proposed order, or that much as is applicable if the proposed order is in the alternative or if there have been correction measures attempted. Said order shall be the commissioner's final decision on the matter.
D. If the permittee appears at the hearing the commissioner, in reaching a final decision, shall not be bound by the proposed order.
History
- Statutory Authority: MS s 93.47
- History: 17 SR 1279
Minn. R. 6130.5300 Suspension of Permit to Mine
The permit to mine may be suspended by the commissioner, pursuant to Minnesota Statutes, section 93.481, subdivision 4, clause (d). The commissioner's order suspending the permit to mine for the specified period, once served, constitutes the commissioner's final decision on the matter.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.5400 Deactivation and Release of Permittee
Subpart 1. Deactivation.
The commissioner shall review the deactivation plan, pursuant to part 6130.4600, to determine if it complies with the requirements of the permit to mine and these rules, in the same manner as if the commissioner had received an application for an amendment pursuant to part 6130.5000.
Subp. 2. Release.
A proceeding to release the permittee from responsibility on any portion of a deactivated mining area is commenced when the permittee submits a request for release pursuant to part 6130.4700.
The commissioner shall review the request and determine if all terms and conditions of applicable sections of these rules, the permit to mine, and the approved deactivation plan have been satisfied; and that it is not necessary to defer such release until other portions of the mining area have been deactivated.
Within 270 days after receipt of the request the commissioner shall release the permittee with or without modifications or conditions, or deny the request stating reasons therefor.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.5500 Assignment of Permit to Mine
Pursuant to Minnesota Statutes, section 93.481, subdivision 5, the commissioner shall allow the assignment of a permit to mine only if the commissioner determines that the assignee will perform all outstanding obligations of the act, these parts, and the permit to mine.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.5600 Hearing Procedures
Procedures pursuant to parts 1400.5100 to 1400.8500 shall apply to any contested case hearing under these parts, except as otherwise provided in Minnesota Statutes, sections 93.44 to 93.51 and these parts.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.5700 Publication
When an advertisement is required, it shall be published once each week for four successive weeks in a legal newspaper, pursuant to Minnesota Statutes, section 331A.02, which is circulated in the locality of the proposed mining operation. This advertisement shall contain:
A. A statement and map indicating the location and boundaries of the mining area.
B. The names of all surface owners of record within the mining area, and severed mineral ownership as set forth in verified statements pursuant to Minnesota Statutes, section 93.52, or in an order or decree pursuant to Minnesota Statutes, section 93.55, subdivision 2, filed in the county recorder's office with respect to severed mineral interests in parts of the mining area which will be excavated or covered with mine wastes. An owner's agent may be identified in place of the owner. No error in the designation of surface or mineral ownership shall affect the validity of the publication. This requirement shall not apply to lands occupied by existing railroads not located in mine or plant areas.
C. The schedule for accomplishing what is being proposed.
D. A notice of the deadline date for filing objections.
E. The following information:
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.5800 Variances (see Part 6130.4900)
Subpart 1. Granting of a variance.
The commissioner shall grant a variance from the requirements of these parts upon application by a permit applicant or permittee, if it is determined that:
A. a variance is consistent with the general welfare and general purposes of these parts;
B. by reason of exceptional circumstances, the strict enforcement of the reclamation requirements would cause undue hardship or strict conformity with the requirements of these rules would be unreasonable or not feasible; and
C. acceptable alternative means of accomplishing the goals, pursuant to parts 6130.1000 to 6130.4100, have been provided by the permit applicant or permittee.
Subp. 2. Conditional granting.
The commissioner shall grant a variance upon such conditions as shall be necessary for the prevention, control, or correction of adverse environmental effects, consistent with the requirements of these parts and Minnesota Statutes.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.5900 Revocation or Modification of Permit to Mine
The commissioner may revoke a permit to mine or modify any of its terms or conditions, pursuant to Minnesota Statutes, section 93.481, subdivision 4. A permittee shall not be considered to have commenced substantial construction of plant facilities unless erection of the primary plant facilities has begun. Planning, securing capital, purchasing land and materials, and otherwise preparing for construction are not sufficient.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.6000 Performance Bonds
Subpart 1. Need for bond.
At any time during the pendency of a permit application, during the mining operation, or following the completion of mining but prior to the release of the permittee, the commissioner:
A. shall require the operator to furnish a performance bond if the commissioner determines that the operator has failed to:
B. may require the operator to furnish a performance bond if there is reasonable doubt that the operator will be financially able to comply with the requirements of the permit to mine or these parts.
Subp. 2. Amount of bond.
The amount of a performance bond shall be determined by the commissioner and shall be equal to the estimated cost, to the Department of Natural Resources, of satisfactorily accomplishing reclamation of all lands disturbed and unreclaimed up to the date of annual bond review.
Subp. 3. Conditions of bond.
A performance bond required pursuant to this part shall be conditioned upon the performance by the operator within a time period established by the commissioner of all actions necessary to correct the deficiency or noncompliance for which reason the bond is required. For the purpose of the bond "performance" shall mean the accomplishment as determined by the commissioner of all actions required under the bond. The bond shall also provide that the surety or the surety's successors or assigns are not released in any way from liability thereunder by any amendment of the terms or conditions of the permit to mine; provided that, regardless of amendment, the surety shall be liable for no more than the amount specified in the bond. The need for and amount of all bonds shall be reviewed annually.
Subp. 4. Other security and assurance.
When required to furnish a performance bond pursuant to this part, the operator may, in lieu thereof:
A. Submit as security to the commissioner for deposit with the commissioner of management and budget, assignable bonds or notes of the United States in a sum equal, at their par value, to the amount of the required performance bond.
B. Give a lien against a real or personal property as its wholesale value in lieu of a bond. Such property must remain in the state for the duration of the agreement and be managed and repaired by the permittee as necessary to maintain its value. Failure to maintain value shall allow the commissioner to modify or revoke the permit to mine, or to require bonds or notes to be deposited as a replacement bond. The commissioner shall accept such property as assurance if it is determined, by the commissioner, that no other liens exist on said property; the wholesale value is adequate to cover reclamation costs; and sufficient market exists, such that, the sale of said property can occur rapidly.
C. Submit other security or assurances as may be acceptable to the commissioner. The permittee shall submit an agreement authorizing the commissioner to collect or sell the bonds, notes, property, or other security or assurance so submitted or deposited, upon the same conditions as would constitute a default under a performance bond. The acceptance of United States bonds, notes, a lien on property, or other security or assurance, in lieu of a performance bond, shall have the same force and effect as if a performance bond has been furnished.
Subp. 5. Return of security or assurance to permittee.
When it is determined during the annual bond review that such security is no longer necessary, any bonds, notes, lien, or other security or assurance deposited pursuant to subpart 4 shall be returned to the permittee.
Subp. 6. Access to mining areas after forfeiture.
Upon forfeiture of a bond the permittee shall allow access to the commissioner and the commissioner's designated contractors into all mining areas for the purpose of reclaiming all lands disturbed and unreclaimed.
History
- Statutory Authority: MS s 93.47
- History: 17 SR 1279; L 2003 c 112 art 2 s 50; L 2009 c 101 art 2 s 109
Minn. R. 6130.6100 Civil Penalties
Subpart 1. Amount.
If any person violates any provision of Minnesota Statutes, sections 93.44 to 93.51, these parts, or any permit to mine issued thereunder, the commissioner may order imposition of a civil penalty of not more than $1,000 per day for each violation of each provision or the same provision in more than one portion of the mining area.
Subp. 2. Determining the amount.
In determining the amount of a penalty, the commissioner shall consider the severity of the violation, the need to deter future violations, and the magnitude of potential or actual gains resulting from the violation.
Subp. 3. Collection.
The commissioner shall collect any assessed civil penalty in the same manner as any other debt owed the state.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.6200 Suspension of Permit
The commissioner may suspend all or any part of a permit to mine pursuant to Minnesota Statutes, section 93.481, subdivision 4. Any suspension ordered pursuant to this part shall be for such period and upon such terms as the commissioner deems appropriate to correct the conditions which necessitated suspension.
History
- Statutory Authority: MS s 93.47
Minn. R. 6130.6300 Inspection of Mining Area
The permittee shall allow the commissioner to inspect all mining operations and records needed to monitor compliance with the permit to mine and these parts after reasonable prior notice.
History
- Statutory Authority: MS s 93.47
Chapter 6131 PEAT MINING
Minn. R. 6131.0010 Definitions
Subpart 1. Auxiliary facilities.
"Auxiliary facilities" means all permittee-owned stationary physical property used in a mining operation, including power plants and associated facilities; transmission lines; pipelines; roads; railroads; borrow areas and leased borrow areas and associated facilities; fuel production or preparation facilities; and parking areas, shops, offices, buildings, structures, and storage facilities located within the area where mining is conducted. This does not include common carrier transportation facilities.
Subp. 2. Beneficiating plants.
"Beneficiating plants" means all processing plants and other facilities used for pelletizing, chemical extraction, gasification, compaction, drying, bagging, densification, pulverizing, and wet carbonization.
Subp. 3. Commissioner.
"Commissioner" means the commissioner of the Department of Natural Resources, or a duly authorized representative.
Subp. 4. Deactivation.
"Deactivation" means the process of finally terminating and reclaiming any specific portion of a mining operation. Deactivation begins when mining activities and uses associated with product production have ceased and there will be no renewed use by the permittee that will interfere with reclamation.
Subp. 5. Hereafter.
"Hereafter" means after August 5, 1985.
Subp. 6. Mine plot.
"Mine plot" means an area from which peat is or will be mined as part of a permitted mining operation. This does not include areas that have been successfully reclaimed.
Subp. 7. Mining area or area subjected to mining.
"Mining area" or "area subjected to mining" means any area of land from which material is hereafter removed in connection with the extraction of peat; the lands upon which material from mining is hereafter deposited; the lands upon which beneficiation plants and auxiliary facilities are hereafter located; lands upon which the water reservoirs used in the mining process are hereafter located; and auxiliary lands that are hereafter used or intended to be used in a particular mining operation.
Subp. 8. Natural resources.
"Natural resources" means all mineral, animal, plant, air, water, land, timber, soil, quietude, recreational, historic, scenic, and aesthetic resources.
Subp. 9. Operating life of the mine.
"Operating life of the mine" means the term determined necessary by the commissioner for the completion of the proposed mining operation, including reclamation.
Subp. 10. Operator.
"Operator" means any owner or lessee of peat resources engaged in or preparing to engage in a mining operation.
Subp. 11. Peat.
"Peat" means organic matter, excluding coal, formed by the partial decomposition of plant material under saturated conditions.
Subp. 12. Peat mining.
"Peat mining" means the removal of peat for commercial purposes, including draining, stockpiling, processing, storing, transporting, and reclaiming any material in connection with the commercial development of peat. "Peat mining" does not include removal of peat that is incidental to the harvesting of an agricultural or horticultural crop, or to mining of a metallic mineral that is subject to a mineland reclamation rule and a permit to mine.
Subp. 13. Permit to mine or mining permit.
"Permit to mine" or "mining permit" means permit issued pursuant to Minnesota Statutes, section 93.481.
Subp. 14. Progressive reclamation.
"Progressive reclamation" means the removal of resource in a manner which creates areas that can be reclaimed as soon after initiation of the operation as practical and as continuously as practical throughout the life of the operation.
Subp. 15. Protected waters.
"Protected waters" means those waters of the state identified as public waters or wetlands under Minnesota Statutes, section 103G.005, subdivision 15 or 15a; or 103G.201.
Subp. 16. Reclamation.
"Reclamation" means the successful accomplishment of the goals in parts 6131.0100 to 6131.0130.
Subp. 17. Stockpile.
"Stockpile" means an accumulation of mined or processed peat.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0020 Purpose and Policy
The purpose of this chapter is to implement Minnesota Statutes, sections 93.44 to 93.51 in order to control possible adverse environmental effects of peat mining, to preserve the natural resources, and to encourage the planning of future land utilization, while at the same time promoting the orderly development of peat mining, the encouragement of good peat mining practices, and the recognition and identification of the beneficial aspects of peat mining.
Until more is known about the technological, economic, and environmental feasibility of reclaiming large-scale peat mining operations, the Department of Natural Resources shall adopt parts 6131.0010 to 6131.0340 to serve the state while more information and knowledge is obtained on the feasibility of mining and reclaiming large peat operations. It is the department's intention to amend parts 6131.0010 to 6131.0340 as may be needed in light of new information.
Because of the unique character of each individual peatland and the extreme diversity of the possible types and sizes of operations which might develop during the period when parts 6131.0010 to 6131.0340 are in effect, it is the policy of parts 6131.0010 to 6131.0340 that specific permit requirements for each permitted operation be negotiated within the framework set forth by parts 6131.0010 to 6131.0340. The requirements shall endeavor to fulfill the goals described herein and to attain the best reclamation plan for each individual site.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0030 Scope
Subpart 1. Generally.
No permit to mine is required until a peat mining operation exceeds 40 acres in size, unless the commissioner determines that there is potential for significant environmental effects which may result from the peat mining operation. A person intending to engage in or carry on a peat mining operation of 40 acres or less, if the intended operation involves removal of more than 1,000 tons of air-dried peat per year, shall notify the commissioner in writing before beginning any mining, specifying the legal description of the tract to be mined and the mining methods to be used. Within 20 days after either receipt of written notice of intent to mine the tract, or after receiving additional information requested, the commissioner shall notify the person of the decision to require, or not to require, a permit.
Subp. 2. Persons currently engaged in peat mining.
Any person engaged in a peat mining operation as of August 5, 1985, and not excluded by subpart 1 shall apply for a permit to mine by February 5, 1986. Any existing mining operation may continue during the pendency of the application.
Subp. 3. Permits before commencement of operations.
Any person intending to conduct a new peat mining operation or reactivate an inactive peat mining operation not excluded by subpart 1 shall obtain a permit to mine prior to commencing operations.
Subp. 4. Mine plot size limit.
No permit to mine shall be issued for a peat mining operation whose total mine plot acreage exceeds 3,000 acres.
Subp. 5. Term of permit.
The term of a permit to mine issued under parts 6131.0010 to 6131.0340 is the period determined necessary by the commissioner for the completion of the proposed mining and reclamation activities, based on information provided under part 6131.0150.
Subp. 6. New, existing, and reactivated operations.
Parts 6131.0010 to 6131.0340 apply to:
A. all portions of a peat mining operation initiated hereafter, including both new operations and reactivated operations; and
B. all portions of existing peat mining operations which are hereafter created or used, except that the siting requirements shall not apply to portions constructed prior to August 5, 1985.
Subp. 7. Effect on other rules or statutes.
Nothing in parts 6131.0010 to 6131.0340 shall be construed to waive the requirements of any other applicable rules or statutes.
Subp. 8. Other rights.
Pursuant to Minnesota Statutes, section 93.47, subdivision 3, parts 6131.0010 to 6131.0340 are subject to any rights existing pursuant to any permit, license, lease, or other valid existing authorization issued by the commissioner, the Pollution Control Agency, or any other governmental entity or their predecessors in office.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0100 Siting
Subpart 1. Goals.
Mining areas shall be sited to avoid conflicts with adjacent noncompatible land uses.
Subp. 2. Requirements; exclusion areas for mining.
No peat mining shall be conducted within any of the areas in items A to I unless the commissioner determines that a state or national emergency exists that would require the exploitation of the peat resources within these areas:
A. in and within one-fourth mile of:
B. in and within one-fourth mile of state wilderness areas and state parks;
C. within a national wild, scenic, or recreational river district or within one-fourth mile of a national wild, scenic, or recreational river (whichever is greater), all as they exist and are defined by law on August 5, 1985; within a designated state land use district or within one-fourth mile of any state wild, scenic, or recreational river (whichever is greater);
D. on sites designated in the National Register of Historic Places and in registered national natural landmarks all as they exist and are defined by law on August 5, 1985; on sites designated in the state Registry of Historic Sites and in designated state scientific and natural areas;
E. within 300 feet of:
F. within 400 feet of any natural watercourse located within the area defined by the federal Shipsted-Newton-Nolan Act (United States Code, title 16, sections 577-577b);
G. within any stream trout lake designated by rule;
H. within the following areas that are in existence before the issuance of a permit to mine:
I. within any area, except federal areas, added to the categories listed in this subpart if the designation is made before the issuance of a permit to mine the area, and an opportunity for a public hearing has been afforded.
Subp. 3. Requirements; avoidance areas for mining.
Peat mining within the areas in items A to F will be allowed only if the mining and associated reclamation will enhance the existing use of the area; or, if no reasonable or prudent alternative exists and, in the case of state-owned land, the affected area will be replaced by an area of equal or greater public value serving the same purposes as the affected area:
A. On all lands within the boundaries of all Peatland Protection Management Areas legally described in Peatland Reclamation Report No. 1, Department of Natural Resources, December 1984, which is incorporated by reference and which is available through the Minitex Interlibrary Loan System. This document is not subject to frequent change.
B. Within any national wildlife refuge or waterfowl production area, or on lands designated as national natural landmarks or national trails, all as they exist and are defined by law on the August 5, 1985.
C. Within any state wildlife management area and on any state designated trail listed in Minnesota Statutes, sections 84.029 and 85.015.
D. Within any shorelands defined in Minnesota Statutes, section 103F.205.
E. Within any protected waters except as provided in Minnesota Statutes, sections 103G.211 and 103G.221.
F. Within any area added to the categories listed in this subpart, provided the designation is made before the issuance of a permit to mine the area.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277; L 1991 c 259 s 23
Minn. R. 6131.0110 Mine Design
Subpart 1. Goals.
Mining areas shall be designed, constructed, and managed to be compatible with surrounding nonmining land uses; to minimize adverse water quality and quantity effects; to be structurally sound; to promote progressive reclamation; and to encourage the prompt attainment of site restoration goals.
Subp. 2. Requirements.
The requirements of mine design are contained in items A to D:
A. Mining shall proceed in a manner approved by the commissioner according to the following:
B. Adjacent permitted peat mining operations shall be separated by unmined or successfully reclaimed areas, when necessary, to mitigate environmental impacts. The extent of these separations shall be determined by the commissioner according to the following criteria:
C. Dewatering and ditch design shall proceed in a manner approved by the commissioner according to the following:
D. Mine wastes (including peat and wood wastes) from mining and processing shall be disposed of in a manner approved by the commissioner.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0120 Site Restoration
Subpart 1. Goals.
The mining area shall be progressively reclaimed so that it is nonpolluting, establishes a water system which is compatible with the surrounding regional water resource, has current land use value and future land use potential which recognizes the productivity of the site, and is maintenance-free to the maximum extent possible, unless an approved postmining management plan provides for maintenance.
Subp. 2. Requirements.
The requirements of site restoration are contained in items A to D:
A. The operator shall contact the landowner to determine whether the landowner agrees to assume management responsibility for a specific postmining land use including but not limited to wildlife habitat, forest production, agriculture, or biomass production. If the landowner does not agree to assume responsibility for postmining management, then the operator shall comply with the site restoration requirements in item B. If the landowner agrees to assume postmining management, the operator and the landowner shall jointly develop a postmining management plan at the time of application for or amendment to a permit to mine. The postmining management plan shall:
B. Within the mining area, all mined peat surfaces, islands, littoral zones, and disturbed peat and mineral surfaces such as ditches (excluding field ditches), dredge spoil, borrow pits, plant sites, and auxiliary facilities shall be stabilized with vegetation.
C. The amount of peat that remains in a mine plot shall be dependent on the texture and type of the underlying soil and the approved mining and reclamation plans.
D. Plans for water control shall be implemented pursuant to part 6131.0170.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0130 Cleanup
Subpart 1. Goals.
The mining area shall be cleaned up so that it is nonpolluting, free of hazards, and maintenance-free to the maximum extent possible.
Subp. 2. Requirements.
The requirements for cleanup are contained in items A to D:
A. Cleanup shall commence upon deactivation.
B. The mining area shall be managed during cleanup to attain site restoration goals.
C. Within one year after cleanup begins or within a longer period approved by the commissioner, debris and mobile equipment which will not be used for reclamation shall be removed from the area being deactivated.
D. Within three years after cleanup begins, or within a longer period approved by the commissioner, the following shall be accomplished unless provisions have been made for continued subsequent use in accordance with an approved deactivation plan pursuant to part 6131.0250:
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0140 Permit to Mine Peat
Subpart 1. Preapplication conference and site visit.
Prior to the preparation of an application for a permit to mine, a person shall meet with the commissioner for a preapplication conference and a site visit.
Subp. 2. Generally.
Pursuant to part 6131.0030, subpart 1, no person shall carry out a mining operation for peat in this state without first obtaining a permit to mine from the commissioner.
Subp. 3. Mines in operation on August 5, 1985.
Pursuant to part 6131.0030, subpart 1, a person conducting a mining operation on August 5, 1985, who applies for a permit to mine by February 5, 1986, may continue to conduct the operation during the pendency of the application.
Subp. 4. Joint applications.
Where two or more persons are or will be engaged in a mining operation, all shall join in the application and the permit to mine shall be issued on a joint basis. Where a person is or will be engaged in only a portion of the operation, that person need only be a joint permittee in the portion in which that person is participating.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0150 Permit Applications
Subpart 1. Submission of application.
An application for a permit to mine containing the information in subparts 2 to 6, shall be submitted in duplicate by the applicant to the commissioner.
Subp. 2. Documents.
To comply with statutory requirements, the applicant shall submit:
A. a certificate or evidence of insurance as required by Minnesota Statutes, section 93.481, subdivision 1, clause (2);
B. the notice and affidavit of publication pursuant to part 6131.0190, subpart 1;
C. if the applicant is a foreign corporation, as defined by Minnesota Statutes, sections 300.02 and 303.02, a certified copy of the certificate of authority to transact business in Minnesota; and
D. a statement documenting financial capability to perform reclamation obligations or a performance bond pursuant to part 6131.0310.
Subp. 3. Organizational data.
To comply with statutory requirements, the applicant shall submit:
A. the post office address of the applicant;
B. the general organizational structure of the applicant, any parent companies, owners, principal stockholders, partners, and joint venturers;
C. any managing agents or subsidiaries which are or may be involved in the mining operation; and
D. organizational relationships between or among joint applicants.
Subp. 4. Environmental setting.
To gain information on the environmental setting of the proposed mining area, the applicant shall submit:
A. A copy of any environmental reports prepared relative to the mining operation.
B. Environmental setting maps prepared as overlays to 7-1/2 minute United States Geologic Survey quadrangle maps delineating the mining area and such adjacent lands as required by the commissioner to show the areas directly or indirectly affected by the mining operation. The following information as it exists at the time of application shall be submitted:
Subp. 5. Mining and reclamation maps and plans.
The purpose of mining and reclamation maps and plans is to evaluate anticipated activities to be conducted during the term of the permit. Minnesota Statutes, section 93.481, subdivision 3, requires that a permit be issued for the life of the operation. Therefore, for the operating life of the mine, the applicant shall submit:
A. Mining and reclamation maps and cross-sections containing all features normally found on a United States Geologic Survey quadrangle map, at a scale agreed upon by the applicant and the commissioner which:
B. Mining and reclamation plans that describe for the operating life of the mine:
Subp. 6. Postmining management plan.
In support of the postmining management plan required by part 6131.0120, subpart 2, item A, the applicant shall submit:
A. documentation of the landowner's management ability; and
B. a copy of the written agreement between the landowner and the operator detailing fiscal and reclamation responsibilities.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0160 Annual Report
Subpart 1. Purpose.
The purpose of the annual report is to describe actual mining activities completed during the past year and mining activities planned for the upcoming year. The permittee shall submit to the commissioner in duplicate an annual report between March 1 and 31 of each year.
Subp. 2. Preceding calendar year.
For the preceding calendar year, the report shall include:
A. a statement describing financial capability to perform reclamation obligations;
B. the actual rate of mining;
C. the actual mining activities; and
D. the actual reclamation activities.
Subp. 3. Upcoming calendar year.
For the upcoming calendar year, the report shall include:
A. the anticipated rate of mining;
B. the anticipated mining activities including:
C. the anticipated reclamation activities including methods, schedules, and research.
Subp. 4. Map.
For the preceding and upcoming year, the report shall contain a map in the form prescribed by part 6131.0150, subpart 5, item A, which depicts the status of mining, reclamation, and watershed modifications.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0170 Plan for Deactivation
Subpart 1. Purpose.
The purpose of the deactivation plan is to describe the detailed reclamation activities to be conducted on the deactivated portion. This plan shall be approved by the commissioner pursuant to part 6131.0250 prior to its implementation.
Subp. 2. Deactivation plan.
The permittee shall submit to the commissioner in duplicate, a deactivation plan at least two years prior to beginning deactivation for any portion of the mining area. This plan shall replace the annual report for the portion of the mining area to be deactivated. The deactivation plan shall contain:
A. detailed plans, schedules, designs, specifications, and supporting data for reclamation activities which comply with the mining permit;
B. the depth and the physical and chemical characteristics of the soil in each mine plot;
C. a description of water table depths;
D. a description of water control structures including location and extent, inspection methods and schedule, potential maintenance problems and solutions, and an estimate of maintenance costs; and
E. an updated copy of the written agreement between the landowner and the operator detailing fiscal, reclamation, and postmining management responsibilities.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0180 Request for Release
Subpart 1. Purpose.
The purpose of the request for release is to evaluate compliance with parts 6131.0010 to 6131.0340, the approved deactivation plans, and the permit to mine in order to release the permittee from further responsibilities.
Subp. 2. Request for release.
The permittee shall submit to the commissioner in duplicate a request for release pursuant to part 6131.0250. This request shall include:
A. a detailed description of provisions for continued maintenance;
B. identification of the ownership of the mining area and all remaining structures and facilities; and
C. a map in the form prescribed by part 6131.0150, subpart 5, item A, which depicts the following:
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0190 Permits to Mine
Subpart 1. Application and publication.
The process for requesting a permit to mine is commenced by submitting an application to the commissioner pursuant to parts 6131.0010 to 6131.0340. After the commissioner determines the application is complete, the applicant shall publish an advertisement as required by part 6131.0280. Within seven days after the last date of publication, the applicant shall submit to the commissioner a copy of the advertisement and an affidavit from the printer verifying publication. The application shall then be considered filed.
Subp. 2. Determination with hearing.
Hearings on permits to mine may be held as follows:
A. Written objections and a request for a hearing may be filed with the commissioner according to Minnesota Statutes, section 93.481, subdivision 2.
B. Within ten days after the receipt of the objections, the commissioner shall determine whether the person filing the objection is entitled to object. If the objections were filed by a person entitled to object, the commissioner shall:
C. The commissioner may hold a hearing on the proposed application without receipt of objections if the commissioner deems it necessary to protect public health, safety, and welfare.
D. Within 120 days after the close of the hearing record, or 90 days after service of the hearing examiner's report whichever comes later, the commissioner shall grant the permit to mine with or without modifications or conditions or deny the permit to mine stating reasons therefor.
Subp. 3. Determination without hearing.
Determination without hearing:
A. If, within 30 days after the last publication required by part 6131.0280, no objections to an application are received from persons entitled to object, the commissioner within 120 days, may without hearing process the application in accordance with the following:
B. If the commissioner has made a request for additional information within 120 days after receiving the information, the commissioner shall grant the permit to mine with or without modifications or conditions or deny the permit to mine stating reasons therefor.
Subp. 4. Hearing upon demand of applicant.
If the commissioner processes an application without a hearing, the applicant may, within 30 days after mailed notice of the commissioner's order on the application, file with the commissioner a demand for hearing pursuant to Minnesota Statutes, chapter 14. The application shall thereupon be fully heard on notice.
Within 120 days after the close of the hearing record or 90 days after service of the hearing examiner's report, whichever comes later, the commissioner shall grant the permit to mine with or without modifications or conditions or deny the permit to mine stating reasons therefor.
Subp. 5. Review of annual report.
After granting a permit to mine, the commissioner shall review the annual report required by part 6131.0160, to determine if it complies with the provisions of the permit to mine and parts 6131.0010 to 6131.0340. Upon completion of this review, the commissioner shall inform the permittee regarding compliance of the report with the permit to mine and parts 6131.0010 to 6131.0340.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0200 Variance Procedures
Subpart 1. Application for variance.
A proceeding for requesting a variance from parts 6131.0010 to 6131.0340 is commenced when the permit applicant or permittee files an application for a variance with the commissioner. The application shall include information necessary for the commissioner to determine that the proposed variance is consistent with the general welfare and the goals of parts 6131.0010 to 6131.0340.
Subp. 2. Determination by commissioner.
Within 30 days after receipt of the application, the commissioner shall determine whether the proposed variance constitutes a substantial change from the requirements of parts 6131.0010 to 6131.0340.
If the commissioner determines that a substantial change, would result, the applicant shall follow the procedures for permit to mine applications in part 6131.0190.
If the commissioner determines that there would be no substantial change, the commissioner shall without a hearing allow the variance with or without additional terms or conditions which are consistent with parts 6131.0010 to 6131.0340, or deny the application stating reasons therefor.
Subp. 3. Demand for hearing.
If the commissioner processes the application without a hearing, pursuant to subpart 2, the applicant may file with the commissioner a demand for hearing on the decision pursuant to part 6131.0190, subpart 4.
Subp. 4. Simultaneous filing of applications.
Applications for variance from parts 6131.0010 to 6131.0340 may be filed simultaneously with an application for a permit to mine, provided that the advertisement contains all information required for applications for permits to mine and for variance.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0210 Amendments
Subpart 1. Application for amendment.
A proceeding for requesting an amendment of a permit to mine is commenced when the permittee files an application for an amendment with the commissioner. The application shall include information necessary for the commissioner to determine that the proposed amendment meets the lawful requirements and parts 6131.0010 to 6131.0340.
Subp. 2. Determination by commissioner.
Within 30 days after receipt of the application, the commissioner shall determine whether the proposed amendment constitutes a substantial change in the permit to mine.
If the commissioner determines that a substantial change would occur, the applicant shall follow the procedures for permit to mine applications in part 6131.0190.
If the commissioner determines that there would be no substantial change, the commissioner shall without a hearing allow the amendment with or without additional terms or conditions which are consistent with parts 6131.0010 to 6131.0340, or deny the applications stating reasons therefor.
Subp. 3. Demand for hearing.
If the commissioner processes the application without a hearing pursuant to subpart 2, the applicant may file with the commissioner a demand for hearing on the decision pursuant to part 6131.0190, subpart 4.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0220 Cancellation of Permit
Subpart 1. Cancellation at request of permittee.
A proceeding to cancel a permit to mine at the request of the permittee is commenced when a permittee files a written request with the commissioner. The request shall identify the permittee and give reasons for the cancellation.
Within 30 days after the receipt of a request, the commissioner shall determine whether cancellation would have a significant adverse effect on any public interest relating to the goals of parts 6131.0010 to 6131.0340.
If the commissioner determines that the cancellation has such an adverse effect, the permittee shall publish an advertisement pursuant to part 6131.0280 and the commissioner shall proceed as if an application for a permit to mine pursuant to part 6131.0190 had been received.
If the commissioner determines that the cancellation shall not have such adverse effect, the permit may be canceled with or without conditions.
Subp. 2. Cancellation with consent of permittee.
A proceeding to cancel a permit to mine with the consent of the permittee is commenced when the commissioner serves the permittee with a written request giving reasons for the cancellation.
If no reply or an affirmative reply is filed with the commissioner within 30 days, procedures pursuant to subpart 1 shall be commenced except that the commissioner shall publish an advertisement pursuant to part 6131.0280.
If a negative reply is filed with the commissioner within 30 days, the permit to mine will continue in effect or a proceeding to revoke the permit to mine pursuant to part 6131.0220, subpart 2 shall be commenced.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0230 Revocation or Modification
Subpart 1. Commencement of proceedings.
A proceeding to revoke or modify a permit to mine, to require a performance bond, or to assess a civil penalty shall be commenced by serving upon the permittee:
A. a notice and order for hearing in the form and manner under part 1400.5600;
B. a proposed order revoking or modifying the permit to mine, requiring a performance bond, or assessing a civil penalty; and
C. a statement of the measures, if any, required to correct the situation and the time available therefor. If conditions that provided the grounds for the action are corrected to the commissioner's satisfaction, within a period, established by the commissioner, of not less than 15 days after the notice, or as appropriate, approved measures are taken to ensure that the conditions do not recur, the proceedings shall be canceled.
Subp. 2. Hearing prior to determination.
The commissioner shall hold a hearing prior to the determination to revoke or modify a permit to mine, require a performance bond, or assess a civil penalty if, within 15 days after commencement of the proceeding, any permittee serves an answer on the commissioner and all other parties. If an answer is served, the commissioner, without further notice, shall hold the hearing at the time and place specified in the order for hearing. No hearing shall be held less than 30 days after commencement of the proceeding.
An answer shall contain a written statement of the defenses to each violation alleged in the order for hearing, and a specific admission, denial, or explanation of each fact alleged in the order for hearing, or, if the permittee is without knowledge thereof, a statement to that effect.
Allegations of a complaint not answered shall be deemed to have been admitted.
If an answer contains an admission to an alleged fact, no hearing shall be held on that fact and the allegation shall prevail.
Failure of a permittee to serve an answer, pursuant to subpart 2, item A or to appear at the hearing constitutes a waiver of a hearing on the allegations of the order for hearing and the contents of the proposed order. The waiver authorizes the commissioner, without further notice to the permittee and without proceeding further with the hearing, to adopt the proposed order, or that much as is applicable if the proposed order is in the alternative or if there have been correction measures attempted. The order shall be the commissioner's final decision on the matter.
If the permittee appears at the hearing the commissioner, in reaching a final decision, shall not be bound by the proposed order.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0240 Suspension
The permit to mine may be suspended by the commissioner, pursuant to Minnesota Statutes, section 93.481, subdivision 4, clause (d). The commissioner's order suspending the permit to mine for the specified period, once served, constitutes the commissioner's final decision on the matter.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0250 Deactivation and Release of Permittee
Subpart 1. Deactivation.
The commissioner shall review the deactivation plan, pursuant to part 6131.0170, to determine if it complies with the requirements of the permit to mine and parts 6131.0010 to 6131.0340, in the same manner as if the commissioner had received an application for an amendment pursuant to part 6131.0210.
Subp. 2. Release.
A proceeding to release the permittee from responsibility on any portion of a deactivated mining area is commenced when the permittee submits a request for release pursuant to part 6131.0180.
The commissioner shall review the request and determine if all terms and conditions of applicable provisions of parts 6131.0010 to 6131.0340, the permit to mine, and the approved deactivation plan have been satisfied; and that it is not necessary to defer the release until other portions of the mining area have been deactivated.
Within 270 days after receipt of the request the commissioner shall release the permittee with or without modifications or conditions, or deny the request stating reasons therefor.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0260 Assignment of Permit
Pursuant to Minnesota Statutes, section 93.481, subdivision 5, the commissioner shall allow the assignment of a permit to mine only if the commissioner determines that the assignee will perform all outstanding obligations of the act, parts 6131.0010 to 6131.0340, and the permit to mine.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0270 Hearing Procedures
Procedures pursuant to parts 1400.5100 to 1400.8500, shall apply to any contested case hearing under parts 6131.0010 to 6131.0340, except as otherwise provided in Minnesota Statutes, sections 93.44 to 93.51 and parts 6131.0010 to 6131.0340.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0280 Publication
When an advertisement is required, it shall be published once each week for four successive weeks in a legal newspaper, pursuant to Minnesota Statutes, section 331A.02, which is circulated in the locality of the proposed mining operation. This advertisement shall contain:
A. a statement and map indicating the location and boundaries of the mining area;
B. the names of all surface owners of record and owners of easements above, on, or below the surface within the mining area;
C. the schedule for accomplishing what is being proposed;
D. a notice of the deadline date for filing objections; and
E. the following information:
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0290 Variance Standards
Subpart 1. Granting of variance.
The commissioner shall grant a variance from the requirements of parts 6131.0010 to 6131.0340 upon application by a permit applicant or permittee, if it is determined that:
A. a variance is consistent with the general welfare and general purposes of parts 6131.0010 to 6131.0340;
B. by reason of exceptional circumstances, the strict enforcement of the reclamation requirements would cause undue hardship or strict conformity with the requirements of parts 6131.0010 to 6131.0340 would be unreasonable or not feasible; and
C. acceptable alternative means of accomplishing the goals, pursuant to parts 6131.0100 to 6131.0130, have been provided by the permit applicant or permittee.
Subp. 2. Conditional granting.
The commissioner shall grant a variance upon such conditions as shall be necessary for the prevention, control, or correction of adverse environmental effects, consistent with the requirements of parts 6131.0010 to 6131.0340 and Minnesota Statutes.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0300 Revocation or Modification Authority
The commissioner may revoke a permit to mine or modify any of its terms or conditions, pursuant to Minnesota Statutes, section 93.481, subdivision 4. A permittee shall not be considered to have commenced substantial construction of plant facilities unless erection of the primary plant facilities has begun. Planning, securing capital, purchasing land and materials, and otherwise preparing for construction are not sufficient.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0310 Performance Bonds
Subpart 1. Need for bond.
At any time during the pendency of a permit application, during the mining operation, or following the completion of mining but prior to the release of the permittee, the commissioner:
A. shall require the operator to furnish a performance bond if the commissioner determines that the operator has failed to:
B. may require the operator to furnish a performance bond if there is reasonable doubt that the operator will be financially able to comply with the requirements of the permit to mine or parts 6131.0010 to 6131.0340.
Subp. 2. Amount of bond.
The amount of a performance bond shall be determined by the commissioner and shall be equal to the estimated cost, to the Department of Natural Resources, of satisfactorily accomplishing reclamation of all lands disturbed and unreclaimed up to the date of annual bond review.
Subp. 3. Conditions of bond.
A performance bond required pursuant to this part shall be conditioned upon the performance by the operator within a time period established by the commissioner of all actions necessary to correct the deficiency or noncompliance for which reason the bond is required. For the purpose of the bond, "performance" shall mean the accomplishment as determined by the commissioner of all actions required under the bond. The bond shall also provide that the surety or a successor or assign is not released in any way from liability thereunder by any amendment of the terms or conditions of the permit to mine; provided that, regardless of amendment, the surety shall be liable for no more than the amount specified in the bond. The need for and amount of all bonds shall be reviewed annually.
Subp. 4. Other security and assurance.
Whenever an operator is required to furnish a performance bond pursuant to this part, the operator may, in lieu thereof:
A. Submit as security to the commissioner for deposit with the commissioner of management and budget, assignable bonds or notes of the United States in a sum equal, at their par value, to the amount of the required performance bond.
B. Give a lien against a real or personal property as its wholesale value in lieu of a bond. The property must remain in the state for the duration of the agreement and be managed and repaired by the permittee as necessary to maintain its value. Failure to maintain value shall allow the commissioner to modify or revoke the permit to mine, or to require bonds or notes to be deposited as a replacement bond. The commissioner shall accept such property as assurance if it is determined, by the commissioner, that no other liens exist on said property; the wholesale value is adequate to cover reclamation costs; and sufficient market exists, such that, the sale of said property can occur rapidly.
C. Submit other security or assurances as may be acceptable to the commissioner. The permittee shall submit an agreement authorizing the commissioner to collect or sell the bonds, notes, property, or other security or assurance so submitted or deposited, upon the same conditions as would constitute a default under a performance bond. The acceptance of United States bonds, notes, a lien on property, or other security or assurance, in lieu of a performance bond, shall have the same force and effect as if a performance bond has been furnished.
Subp. 5. Return of security or assurance to permittee.
When it is determined during the annual bond review that security is no longer necessary, any bonds, notes, lien, or other security or assurance deposited pursuant to part 6131.0310 shall be returned to the permittee.
Subp. 6. Access to mining areas after forfeiture.
Upon forfeiture of a bond the permittee shall allow access to the commissioner and contractors designated by the commissioner into all mining areas for the purpose of reclaiming all lands disturbed and unreclaimed.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277; 17 SR 1279; L 2003 c 112 art 2 s 50; L 2009 c 101 art 2 s 109
Minn. R. 6131.0320 Civil Penalties
Subpart 1. Amount.
If any person violates any provision of Minnesota Statutes, sections 93.44 to 93.51, parts 6131.0010 to 6131.0340, or any permit to mine issued thereunder, the commissioner may order imposition of a civil penalty of not more than $1,000 per day for each violation of each provision or the same provision in more than one portion of the mining area.
Subp. 2. Determining the amount.
In determining the amount of a penalty, the commissioner shall consider the severity of the violation, the need to deter future violations, and the magnitude of potential or actual gains resulting from the violation.
Subp. 3. Collection.
The commissioner shall collect any assessed civil penalty in the same manner as any other debt owed the state.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0330 Suspension of Permit
The commissioner may suspend all or any part of a permit to mine pursuant to Minnesota Statutes, section 93.481, subdivision 4. Any suspension ordered pursuant to this part shall be for such period and upon such terms as the commissioner deems appropriate to correct the conditions which necessitated suspension.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Minn. R. 6131.0340 Inspection of Mining Area
The permittee shall allow the commissioner to inspect all mining operations and records needed to monitor compliance with the permit to mine and parts 6131.0010 to 6131.0340 after reasonable prior notice.
History
- Statutory Authority: MS s 93.461
- History: 10 SR 277
Chapter 6132 NONFERROUS METALLIC MINERAL MINING
Minn. R. 6132.0100 Definitions
Subpart 1. Scope.
The terms in parts 6132.0100 to 6132.5300 have the meanings given them in this part.
Subp. 2. Acceptable research.
"Acceptable research" means research approved by the commissioner that is site-related and is reasonably designed for the purpose of demonstrating that reclamation can be achieved by alternative methods.
Subp. 3. Adversely impact natural resources.
"Adversely impact natural resources" means an unacceptable level of impact on the natural resources as determined by the commissioner based on an evaluation which considers the value of the resource and the degree of impact.
Subp. 4. Auxiliary facilities.
"Auxiliary facilities" means all permittee-owned stationary physical property used in a mining operation, including but not limited to: power plants and associated facilities; transmission lines; pipelines; roads; railroads; docks and associated facilities; borrow areas and leased borrow areas and associated facilities; blasting agent and fuel production or preparation facilities; and parking areas, shops, offices, buildings, structures, and storage facilities located within the area where mining is conducted. This does not include common carrier transportation facilities.
Subp. 5. Beneficiating plants.
"Beneficiating plants" means all metallic mineral processing plants, such as crushers, mills, concentrators, agglomerating facilities, smelters, refineries, and other metal-producing facilities.
Subp. 6. Closure.
"Closure" means the process of terminating and completing final steps in reclaiming any specific portion of a mining operation. Closure begins when, as prescribed in the permit to mine, there will be no renewed use or activity by the permittee.
Subp. 7. Commissioner.
"Commissioner" means the commissioner of natural resources, or the commissioner's designated representative.
Subp. 8. Goals.
"Goals" means reclamation targets of achievement toward which the specific requirements of parts 6132.0100 to 6132.5300 are directed.
Subp. 9. Heap and dump leaching.
"Heap and dump leaching" means a hydrometallurgical process that extracts metals from broken rock piles, called heaps or dumps, by application of leaching solutions.
Subp. 10. Heap and dump leaching facilities.
"Heap and dump leaching facilities" means all land forms, structures, equipment, and material that contact, process, contain, collect, or confine leaching solutions associated with the hydrometallurgical processing of heaps and dumps.
Subp. 11. In-situ leaching.
"In-situ leaching" means a hydrometallurgical process that extracts metals from rock formations that have not been removed from the ground, using leaching solutions that are applied to and collected from wells or mine workings that have been developed within the metal-bearing rock formations.
Subp. 12. Leached ore.
"Leached ore" means the rock mass that remains after metals have been removed by heap and dump leaching.
Subp. 13. Leaching solutions.
"Leaching solutions" means hydrometallurgical processing fluids that extract metals from mineralized rock.
Subp. 14. Lean ore.
"Lean ore" means rock containing metallic mineralization that is not profitable to process using technologies that exist at the mining operation.
Subp. 15. Metallic mineral.
"Metallic mineral" means a naturally formed chemical, element, or compound having a definite chemical composition and, usually, a characteristic crystal form, from which a metal, metals, or metal oxides can be extracted by metallurgical processes.
Subp. 16. Mine waste.
"Mine waste" means a material, such as surface overburden, rock, lean ore, leached ore, or tailings that in the process of mining and beneficiation has been exposed or removed from the earth.
Subp. 17. Minimize to the extent practicable.
"Minimize to the extent practicable" means minimize through application of technologies and practices including methods, specifications, guidelines, standards, and engineering safety factors, developed for and commonly used in mining or in reasonably similar activities. These technologies and practices shall be determined by the commissioner, based on problem assessment, examination of alternative practices, and input from appropriate regulatory authorities, to be the most effective and workable means of achieving reclamation, including being technologically, economically, and practically applicable.
Subp. 18. Mining.
"Mining" means the process of removing; stockpiling; processing; storing; transporting, excluding use of common carriers and public transportation systems; and reclaiming a material in connection with the commercial production of metallic minerals.
Subp. 19. Mining area or area subjected to mining.
"Mining area" or "area subjected to mining" means an area of land from which material is removed in connection with the production or extraction of metallic minerals; the lands on which material from the mining is deposited; the lands on which beneficiating plants, heap and dump leaching facilities, and auxiliary facilities are located; lands on which the water reservoirs used in the mining process are located; and auxiliary lands that are used or intended to be used in a particular mining operation.
Subp. 20. Mining operation.
"Mining operation" means all of a mining project without regard to political, administrative, or ownership boundaries, which includes all of the facilities used in mining as defined in subpart 18.
Subp. 21. Natural resources.
"Natural resources" means all mineral, animal, botanical, air, water, land, timber, soil, quietude, recreational, historical, scenic, and aesthetic resources in accordance with Minnesota Statutes, section 116B.02, subdivision 4.
Subp. 22. Nonferrous metallic mineral.
"Nonferrous metallic mineral" means a metallic mineral from which iron is not the predominant metal extracted.
Subp. 23. Passive reclamation methods.
"Passive reclamation methods" means techniques or practices that require minimal maintenance to sustain reclamation.
Subp. 24. Permit to mine.
"Permit to mine" means legal approval issued by the commissioner to conduct a mining operation.
Subp. 25. Person.
"Person" means a firm, partnership, corporation, joint venture, or other legal entity.
Subp. 26. Postclosure maintenance.
"Postclosure maintenance" means an activity that may be required to sustain reclamation after cessation of a mining operation.
Subp. 27. Progressive reclamation.
"Progressive reclamation" means mining in a manner that creates areas that can be reclaimed as soon after initiation of the operation as practical and as continuously as practical throughout the life of the operation.
Subp. 28. Reactive mine waste.
"Reactive mine waste" means waste that is shown through characterization studies to release substances that adversely impact natural resources.
Subp. 29. Reclamation.
"Reclamation" means the activities that successfully accomplish the requirements of parts 6132.2000 to 6132.3200.
Subp. 30. Reference area.
"Reference area" means a vegetated land unit approved by the commissioner for comparatively measuring reclamation vegetation success.
Subp. 31. Storage pile.
"Storage pile" means a land form used for the disposal of material generated during mining, such as surface overburden, rock, lean ore, and leached ore. It does not include tailings basins, fossil fuel, finished product, or surge piles.
Subp. 32. Surface overburden.
"Surface overburden" means naturally occurring unconsolidated material overlying bedrock, consisting of broken rock fragments or organic material.
Subp. 33. Tailings.
"Tailings" means waste by-products of mineral beneficiating processes other than heap and dump leaching, consisting of rock particles, which have usually undergone crushing and grinding, from which the profitable mineralization has been separated.
Subp. 34. Waste rock.
"Waste rock" means rock that may or may not contain metallic mineralization, but that is in either case not profitable to process using known technologies.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.0200 Purpose and Policy
The purpose of parts 6132.0100 to 6132.5300 is to implement Minnesota Statutes, sections 93.44 to 93.51, to control possible adverse environmental effects of nonferrous metallic mineral mining, to preserve natural resources, and to encourage planning of future land utilization, while at the same time promoting orderly development of nonferrous metallic mineral mining, encouragement of good mining practices, and recognition and identification of the beneficial aspects of nonferrous metallic mineral mining.
To accomplish the purposes of parts 6132.0100 to 6132.5300, it is the policy of the Department of Natural Resources that mining be conducted in a manner that will reduce impacts to the extent practicable, mitigate unavoidable impacts, and ensure that the mining area is left in a condition that protects natural resources and minimizes to the extent practicable the need for maintenance. This shall be accomplished according to parts 6132.0100 to 6132.5300 through the use of mining, mine waste management, and passive reclamation methods that maximize physical, chemical, and biological stabilization of areas disturbed by mining, as opposed to the use of ongoing active treatment technologies. The department recognizes that in some cases passive treatment alone will not entirely meet all reclamation goals. In these cases, active treatment technologies may be necessary and provisions for continued maintenance of the treatments will be required.
Because of the unique character of each mining operation and the extreme diversity of the possible types and sizes of operations, specific permit requirements shall be established within the framework established by parts 6132.0100 to 6132.5300. Permit terms and conditions shall be directed toward attaining the goals while fulfilling the requirements described in parts 6132.0100 to 6132.5300.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.0300 Scope
Subpart 1. Permit required.
No person shall conduct a mining operation for nonferrous metallic minerals in this state without first obtaining a permit to mine from the commissioner. For the purpose of this subpart, a person must possess capital and provide financial and operational decision making necessary to conduct the mining operation.
Subp. 2. Joint applications.
When two or more persons are or will be engaged in a mining operation, all persons shall join in the application, and the permit to mine shall be issued jointly.
Subp. 3. Term of permit to mine.
The term of a permit to mine shall be the period determined necessary by the commissioner for the completion of the proposed mining operation including postclosure maintenance, based on information provided under part 6132.1100.
Subp. 4. Applicability.
Parts 6132.0100 to 6132.5300 apply to nonferrous metallic mineral mining operations, except where iron is the predominant metal extracted, as follows:
A. to all portions of a mining operation initiated after March 22, 1993, including new operations and reactivated inactive operations; and
B. until adequate studies are completed to determine the extent to which regulation may be necessary and rules are adopted, no permit to mine shall be issued under parts 6132.0100 to 6132.5300 to a mining operation that includes:
Subp. 5. Other rules, statutes, or ordinances.
Nothing in parts 6132.0100 to 6132.5300 waives the requirements of other applicable rules, statutes, or ordinances of a state or federal agency or political subdivision.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.1000 Mine Waste Characterization
Subpart 1. Mine waste characterization conference.
Persons intending to submit an application for a permit to mine shall meet with the commissioner to outline chemical and mineralogical analyses and laboratory tests to be conducted for mine waste characterization. This characterization will be used by the commissioner in the evaluation of the applicant's mining and reclamation plan.
Subp. 2. Mine waste characterization.
Mine waste characterization shall be conducted by persons with demonstrated proficiency in such analysis and approved by the commissioner. The characterization shall be based on chemical, physical, and mineralogical analyses and laboratory tests of material generated by exploration, preproduction sampling, and process testing.
A. The mine waste characterization shall include:
B. For reagents associated with tailings or leached ore materials, the following information shall be provided:
C. Based on the results of the analyses and tests of items A and B, the commissioner may require additional mine waste characterization including, but not limited to, the following:
Subp. 3. Results of characterization.
The results of the mine waste characterization shall be submitted as follows:
A. to the commissioner as a part of the permit to mine at the following times:
B. to regulatory agencies establishing water quality and compliance monitoring standards.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.1100 Permit Applications
Subpart 1. Preapplication conferences and site visits.
Before the preparation of an application for a permit to mine, persons intending to submit an application shall meet with the commissioner for a preapplication conference and site visit. The purpose is to review the proposed mining operation and to provide direction on the preparation of an application for a permit to mine. In conjunction with the preapplication conference, the commissioner shall hold a public informational meeting with the assistance of the applicant and invite the participation of the Minnesota Pollution Control Agency, the Environmental Quality Board, and the local unit of government. A notice of the meeting shall be published once at least 30 days before the meeting as follows:
A. by the commissioner in the State Register and the EQB Monitor; and
B. by the applicant in a qualified newspaper under Minnesota Statutes, section 331A.02, that is circulated in the locality of the proposed operation.
Subp. 2. Application.
An application for a permit to mine shall be submitted in duplicate by the applicant to the commissioner.
Subp. 3. Documents.
To comply with statutory requirements, the applicant shall submit:
A. the advertisement and affidavit of publication according to parts 6132.4000, subpart 1, and 6132.4900;
B. a copy of the certificate of authority to transact business in Minnesota if the applicant is a foreign corporation as defined in Minnesota Statutes, sections 300.02 and 303.02;
C. a certificate issued by an insurance company authorized to do business in the United States under Minnesota Statutes, section 93.481, subdivision 1, clause (2), confirming that the applicant has a public liability insurance policy in force for the mining operation for which the permit is sought or evidence that the applicant has satisfied other state or federal self-insurance requirements, to provide personal injury and property damage protection in an amount adequate to compensate persons who might be damaged as a result of the mining operation or any reclamation or restoration connected with the operation; and
D. documents relating to financial assurance under part 6132.1200.
Subp. 4. Organizational structure.
The applicant shall submit the following information on organizational structure:
A. the post office address of the applicant;
B. the organizational structure of the applicant including, but not limited to, parent companies, owners, principal stockholders, partners, and joint venturers;
C. managing agents or subsidiaries that are or may be involved in the mining operation; and
D. organizational relationships between or among joint applicants.
Subp. 5. Environmental setting.
To describe the environmental setting of the proposed mining area, the applicant shall submit:
A. a copy of the draft environmental impact statement and all environmental reports prepared relative to the mining operation; and
B. environmental setting maps prepared as overlays to 7-1/2 minute United States Geological Survey quadrangle maps or other maps of the same scale delineating the mining area and adjacent lands as required by the commissioner to show the areas directly or indirectly affected by mining. The following information as it exists at the time of application shall be submitted on the overlays:
Subp. 6. Mining and reclamation plan.
The mining and reclamation plan shall be based on discussions between the applicant and the commissioner at the preapplication conference and on results from the mine waste characterization. The mining and reclamation plan shall describe:
A. the operating life of the mine, including the rate of mining and anticipated changes in that rate;
B. the mining activities to be conducted, including:
C. the engineering design, methods, sequence, and schedules of reclamation including closure and postclosure maintenance that address the goals and meet the requirements of parts 6132.2000 to 6132.3200, including anticipated reclamation research; and
D. the mine waste characterization.
Subp. 7. Mining and reclamation maps.
The applicant shall submit maps and cross sections containing all features normally found on a United States Geological Survey quadrangle map, at a scale that is normally used by the operator for mine planning purposes, that:
A. define the shape and extent of the ore body that will support the operating life of the mine;
B. identify lands proposed for use as vegetative reference areas;
C. show the detailed drainage patterns for waters that may contact reactive mine wastes; and
D. show, at intervals during mining approved by the commissioner based on the preapplication conference, the status of:
Subp. 8. First year of operation.
A detailed plan for the activities planned during the first year of operation shall be submitted as part of the permit application. The plan shall include all of the information required by part 6132.1300, subparts 3 to 6.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.1200 Financial Assurance
Subpart 1. Purpose.
The purpose of financial assurance is to ensure that there is a source of funds to be used by the commissioner if the permittee fails to perform:
A. reclamation activities including closure and postclosure maintenance needed if operations cease; and
B. corrective action as required by the commissioner if noncompliance with design and operating criteria in the permit to mine occurs.
Subp. 2. Contingency reclamation cost estimates.
Persons intending to conduct a mining operation shall submit, as part of the application for a permit to mine, a documented estimate of costs necessary to implement the contingency reclamation plan under part 6132.1300, subpart 4. This estimate shall include closure and postclosure maintenance activities required if operations cease within the first calendar year.
A. The permittee shall annually adjust the contingency reclamation cost estimate under part 6132.1300, subpart 4.
B. Cost estimates shall be based on the following:
C. No salvage value attributed to the sale of wastes, facility structures, equipment, land, or other assets shall be used for estimating purposes.
Subp. 3. Corrective action cost estimates.
When the commissioner determines that a corrective action plan is required under part 6132.3100, subpart 2, item B, subitem (2), the permittee shall submit a documented estimate of costs to perform the corrective action before implementation.
A. The permittee shall annually adjust cost estimates for corrective action undertaken according to an approved corrective action plan under part 6132.1300, subpart 5.
B. Cost estimates shall be based on the following:
Subp. 4. Management of financial assurance.
Financial assurance shall be managed according to items A to H.
A. The commissioner shall evaluate all financial assurance cost estimates and adjustments to cost estimates using individuals with documented experience in material handling and construction and mining costs. Costs incurred by the commissioner in hiring third parties to perform the evaluation must be paid by the applicant.
B. Financial assurance in the amount equal to the contingency reclamation cost estimate under subpart 2 shall be:
C. Financial assurance in the amount equal to the corrective action cost estimate under subpart 3 shall be:
D. Financial assurances may be canceled by the permittee, on approval by the commissioner, only after it is replaced by an alternate mechanism or after the permittee is released from financial assurance according to item H.
E. The permittee must ensure that the provider of financial assurance gives the commissioner 120 days' notice prior to cancellation of the financial assurance mechanism. Upon receipt of this notice, the commissioner shall initiate a proceeding to access the financial assurance according to part 6132.1200, subpart 6.
F. If the permit to mine is assigned under part 6132.4700, the new permittee must be in compliance with requirements of this part before the commissioner approves the assignment. On the assignee's demonstration of compliance with this part, the former permittee shall be released from the requirements of this part.
G. Financial assurance must meet the criteria of subpart 5.
H. The commissioner shall release the permittee from the responsibility to maintain financial assurance when the commissioner determines, through inspection of the mining area, that:
Subp. 5. Criteria for financial assurance.
Financial assurance for reclamation and for corrective action must meet the following criteria:
A. assurance of funds sufficient to cover the costs estimated under subparts 2 and 3;
B. assurance that the funds will be available and made payable to the commissioner when needed;
C. assurance that the funds will be fully valid, binding, and enforceable under state and federal law;
D. assurance that the funds will not be dischargeable through bankruptcy; and
E. all terms and conditions of the financial assurance must be approved by the commissioner. The commissioner, in evaluating financial assurance, shall use individuals with documented experience in the analysis. The reasonable cost of the evaluation shall be paid by the applicant.
Subp. 6. Forfeiture of financial assurance.
Financial assurance must be made available to the commissioner under items A to C when the operator is not in compliance with either the contingency reclamation plan or the corrective action plan.
A. A proceeding to access financial assurance shall be commenced by:
B. If conditions that provided grounds for the order are corrected within a period established by the commissioner and if measures approved by the commissioner are taken to ensure that the conditions do not recur, the order shall be canceled.
C. If the conditions that provided grounds for the order are not corrected, the commissioner shall proceed with accessing and expending the funds provided by this part to implement the contingency reclamation or corrective action plans.
Subp. 7. Failure to comply.
The commissioner may take one or more of the following actions if failure to comply with any portion of this part occurs:
A. deny the permit to mine;
B. suspend the permit to mine under part 6132.4500;
C. assess civil penalties under part 6132.5100;
D. revoke the permit to mine under part 6132.4600; or
E. modify the permit to mine under part 6132.4300.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.1300 Annual Report
Subpart 1. Purpose.
The purpose of the annual report is to describe actual mining and reclamation completed during the past year, the mining and reclamation activities planned for the upcoming year, and a contingency reclamation plan to be implemented if operations cease in the upcoming year. The permittee shall submit an annual report, in duplicate, to the commissioner by March 31 of each year.
Subp. 2. Preceding calendar year.
For the preceding calendar year, the report must include:
A. a description of actual mining activities, including:
B. a description of actual reclamation activities and corrective actions;
C. a description of the status of ongoing postclosure maintenance activities;
D. a discussion of items A to C differ in scope and schedule from the approved mining and reclamation plan under part 6132.1100, subpart 6;
E. a characterization of new rock types or formations encountered during mining that have not been previously characterized under part 6132.1000, subpart 2;
F. a discussion of changes in ownership or organizational structure of the permittee; and
G. a description of actual wetland replacement activities, in the manner prescribed by the monitoring section of the "Standards and Procedures for Evaluating Wetland Replacement Plans" pursuant to chapter 8420, wetland rules.
Subp. 3. Upcoming calendar year.
For the upcoming calendar year, the report must include:
A. the anticipated rate of mining;
B. the anticipated mining activities, including:
C. the anticipated reclamation including methods, schedules, and research;
D. notification of intent to close a mining area or portion of an area;
E. a discussion of how anticipated activities will differ in scope and schedule from the approved mining and reclamation plan under part 6132.1100, subpart 6;
F. evidence that the liability insurance policy submitted with the permit application under part 6132.1100, subpart 3, item C, is in force, or that self-insurance requirements are being met;
G. a discussion of anticipated changes in ownership and organizational structure of the permittee; and
H. a wetland replacement plan approved pursuant to part 6132.5300.
Subp. 4. Contingency reclamation plan.
A contingency reclamation plan including closure and postclosure maintenance shall be submitted with the annual report to identify reclamation activities that would be implemented by the permittee if operations cease in the upcoming calendar year. The plan shall include the following:
A. methods, sequence, and schedule of reclamation that address the goals and meet the requirements of parts 6132.2000 to 6132.3200;
B. maps and cross sections at a scale approved by the commissioner that depict the construction, including shape, extent, and content, and reclamation, including contouring, covering, vegetation, closure, and postclosure maintenance, of each area affected by mining; and
C. cost estimates and financial mechanisms under part 6132.1200 necessary to implement the contingency reclamation plan if operations cease in the upcoming calendar year.
Subp. 5. Corrective action for upcoming calendar year.
When a corrective action plan has been required under part 6132.3100, subpart 2, the report shall include:
A. a description of actual corrective action conducted in the preceding calendar year;
B. a description of anticipated corrective action for the upcoming calendar year; and
C. a corrective action cost estimate for the upcoming year under part 6132.1200, subpart 3.
Subp. 6. Maps.
For the preceding and upcoming year, the report shall contain a map in the form prescribed by part 6132.1100, subpart 7, that shows the status of mining, construction, reclamation including closure and postclosure maintenance, and watershed modifications.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.1400 Request for Release from Permit
Subpart 1. Purpose.
The purpose of the request for release is to provide the commissioner with information on the final reclamation status of the mining area or a specific portion of the area. The request shall be submitted by the permittee when the permittee has concluded that all reclamation has been satisfactorily accomplished and that release from the permit or portion of it should be granted.
Subp. 2. Contents.
The request for release shall include the following:
A. a declaration by the permittee of how each portion of the mining area for which a release is requested has been made to comply with the requirements of parts 6132.2000 to 6132.3200 and the permit to mine;
B. identification of:
C. a discussion of all areas excluded from release because of the necessity of conducting postclosure maintenance under part 6132.3200, subpart 2, item E, subitem (7);
D. a copy of the record filed in the county recorder's office advising future owners of the mining area that it has been mined; and
E. a map in the form prescribed by part 6132.1100, subpart 7, which shows the following:
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.2000 Siting
Subpart 1. Goals.
Mining shall be conducted on sites that minimize adverse impacts on natural resources and the public. Separations shall be maintained between mining areas and adjacent conflicting land uses. All sites shall incorporate setbacks or separations that are needed to comply with air, water, and noise pollution standards; local land use regulations; and requirements of other appropriate authorities.
Subp. 2. Mining excluded.
Except as allowed under state and federal laws, no mining shall be conducted within the following:
A. the Boundary Waters Canoe Area Wilderness, as legally described in the Federal Register, volume 45, number 67 (April 4, 1980), with state restrictions specified in Minnesota Statutes, section 84.523, subdivision 3;
B. Voyageurs National Park, with state restrictions specified in Minnesota Statutes, section 84B.03, subdivision 1;
C. state wilderness areas, with restrictions specified in Minnesota Statutes, section 86A.05, subdivision 6;
D. Agassiz and Tamarac National Wilderness areas, and Pipestone and Grand Portage National monuments;
E. state scientific and natural areas;
F. within state peatland scientific and natural areas where such activities would significantly modify or alter the peatland water levels or flows, peatland water chemistry, plant or animal species or communities, or natural features of the peatland scientific and natural areas, except in the event of a national emergency declared by Congress;
G. calcareous fens identified in Minnesota Statutes, section 103G.223; and
H. a state park, except if the park has been established as a result of its association with mining.
Subp. 3. Surface disturbance prohibited.
No mining activities that disturb the surface shall be allowed within or on the following:
A. within the Boundary Waters Canoe Area Wilderness Mineral Management Corridor, identified on the Department of Natural Resources map entitled "Minnesota Department of Natural Resources B.W.C.A.W. Mineral Management Corridor," dated February 1991, which map is hereby incorporated by reference, is not subject to frequent change, and is available through the State Law Library;
B. within one-fourth mile of Voyageurs National Park;
C. within one-fourth mile of state wilderness areas;
D. within one-fourth mile of Agassiz and Tamarac National Wilderness areas, and Pipestone and Grand Portage National monuments;
E. within one-fourth mile of state scientific and natural areas;
F. within one-fourth mile of state parks, except surface disturbance shall be allowed if the park has been established as a result of its association with mining;
G. within one-fourth mile of calcareous fens identified under Minnesota Statutes, section 103G.223;
H. on sites designated in the National Register of Historic Places, except that surface disturbance shall be allowed if the sites have been established as a result of their association with mining;
I. on sites designated in the Registry of State Historic Sites, except surface disturbance shall be allowed if the sites have been established as a result of their association with mining;
J. within national wild, scenic, or recreational river districts of a national wild, scenic, or recreational river, and within the areas identified by the document, "A Management Plan for the Upper Mississippi River," produced by the Mississippi Headwaters Board, dated January 1981, which document is hereby incorporated by reference, is not subject to frequent change, and is available through the State Law Library, except underground mining may be permitted in accordance with the management plans developed for specific national wild, scenic, or recreational river districts;
K. within designated state land use districts, of a state wild, scenic, or recreational river, except underground mining may be permitted in accordance with the Wild and Scenic Rivers Act and the rules adopted under it;
L. within the area adjacent to the north shore of Lake Superior identified in the document entitled, "North Shore Management Plan," produced by the North Shore Management Board, dated December 1988, which document is hereby incorporated by reference, is not subject to frequent change, and is available through the State Law Library; and
M. on the following areas, provided they were in existence before the issuance of a permit to mine:
Subp. 4. Mining restricted.
Mining shall be conducted in the following areas only if there is no prudent and feasible siting alternative. If mining is proposed, the commissioner shall base siting approval decisions on the specific characteristics and qualities of the natural resources for which the area has been designated, and the potential impacts that are likely to result. Mining shall be allowed only if there will be either no adverse impacts on the natural resources, or provisions acceptable to the commissioner are proposed to either mitigate adverse effects, or replace, reroute, or in some other manner reclaim the affected natural resources:
A. within a national wildlife refuge, a national waterfowl production area, or on a national trail;
B. within a state wildlife management area, or on a state designated trail either listed in Minnesota Statutes, section 85.015, or acquired under the authority of Minnesota Statutes, section 84.029, subdivision 2;
C. in peatlands identified as peatland watershed protection areas in the Department of Natural Resources report entitled "Protection of Ecologically Significant Peatlands in Minnesota," dated November 1984, which report is hereby incorporated by reference, is not subject to frequent change, and is available through the State Law Library; and
D. within waters identified in the public waters inventory, conducted under Minnesota Statutes, section 103G.201, that have not been created or substantially altered in size by human activities, and within the adjoining shorelands, as defined in Minnesota Statutes, section 103F.205, subdivision 4, of the unaltered waters.
Subp. 5. General siting criteria.
Portions of a mining operation for which there is flexibility in site selections, such as storage piles, tailings basins, water reservoirs, processing plants, offices interconnecting roadways, and auxiliary facilities, shall be sited to the extent practicable so that:
A. impacts on the public and natural resources due to wind erosion, noise, and air emissions are minimized;
B. potential injury to life due to floods, caving, or slope failure is minimized;
C. potential damage to property and natural resources due to floods, caving, or slope failure is minimized;
D. major modifications of watersheds, including diversions of surface water and alterations of groundwater levels, are minimized;
E. runoff and seepage can be managed to minimize water impacts on surface water and groundwater;
F. conflicts with natural and historical heritage sites, identified during environmental review, are minimized; and
G. former mining areas are used in preference to areas undisturbed by mining.
Subp. 6. Wetland conservation.
Mining activities that result in the draining or filling of wetlands, identified pursuant to Minnesota Statutes, section 103G.005, subdivision 19, shall not be conducted unless the wetlands are replaced by restoring or creating wetland areas under a replacement plan approved pursuant to part 6132.5300. It must be noted that the replacement plan requires an evaluation of the affected wetland, including consideration of avoidance and mitigation techniques, before replacement by restoration or creation can even be considered.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.2100 Buffers
Subpart 1. Goals.
A mining operation shall be designed, constructed, and maintained so that it is compatible with surrounding nonmining uses.
Subp. 2. Requirements.
A mining operation must meet the requirements in items A and B.
A. Existing terrain and vegetation, or revegetated berms, must be used to diminish impacts of the mining activities.
B. Buffers must be constructed before beginning operations and may be located within the areas described in part 6132.2000, subpart 3, item M.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.2200 Reactive Mine Waste
Subpart 1. Goals.
Reactive mine waste shall be mined, disposed of, and reclaimed to prevent the release of substances that result in the adverse impacts on natural resources.
Subp. 2. Requirements.
A mining operation must meet the requirements in items A to D.
A. Chemical and physical characterization of mine waste must be conducted before the submission of an application for a permit to mine and continuously after that during the process of mining under part 6132.1000.
B. A reactive mine waste storage facility must be designed by professional engineers registered in Minnesota proficient in the design, construction, operation, and reclamation of facilities for the storage of reactive mine waste, to either:
C. The reactive mine waste storage facility design shall:
D. The commissioner may allow variance from specific reclamation requirements of parts 6132.2100 and 6132.2300 to 6132.2700 if their use would inhibit designs necessary to meet the requirements of this part.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.2300 Overburden Portion of Pitwalls
Subpart 1. Goals.
The overburden portion of pitwalls shall be designed, developed, and reclaimed to be structurally sound and promote progressive reclamation.
Subp. 2. Requirements.
Surface overburden portions of pitwalls shall be designed and constructed to the following standards in items A and B.
A. The final slopes shall consist of benches and lifts as follows:
B. When acceptable research demonstrates that the goals are satisfied, the commissioner shall approve other measures that satisfy subpart 1.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.2400 Storage Pile Design
Subpart 1. Goals.
Storage piles must be designed and constructed to minimize hydrologic impacts, enhance the survival and propagation of vegetation, be structurally sound, control erosion, promote progressive reclamation, and recognize the conservation of the mineral resources.
Subp. 2. Requirements.
Storage piles must meet the requirements in items A to D.
A. General design: All storage piles shall be designed and constructed according to the standards in subitems (1) to (4).
B. Rock storage piles: The final exterior slopes of lean ore, waste rock, and leached ore storage piles shall consist of benches and lifts as follows:
C. Surface overburden: Surface overburden shall be disposed of according to subitems (1) and (2).
D. Mixed storage piles: Lean ore and waste rock shall not be used to cover surface overburden storage piles to avoid compliance with sloping and vegetation requirements. This shall not preclude the abutting of lean ore or waste rock storage piles with surface overburden storage piles or the placement of lean ore or waste rock lifts on top of surface overburden pads or lifts.
E. Alternative design: Based on acceptable research, the commissioner shall approve other measures that satisfy subpart 1.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.2500 Tailings Basins
Subpart 1. Goals.
Tailings basins shall be designed, constructed, and operated to be structurally sound, control air emissions, minimize hydrologic impacts, promote progressive reclamation, and enhance the survival and propagation of vegetation.
Subp. 2. Requirements.
Tailings basins must meet the requirements in items A to C.
A. Tailings basins shall be designed by professional engineers, registered in this state, who are proficient in the design, construction, operation, and reclamation of tailings basins.
B. The tailings basin design shall:
C. During the mining operation, dust generation shall be reduced by maximizing progressive reclamation, or controlled by the application of dust suppression techniques under part 6132.2800, subpart 2.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.2600 Heap and Dump Leaching Facilities
Subpart 1. Goals.
Heap and dump leaching facilities shall be designed and constructed to be structurally sound, minimize hydrologic impacts, minimize the release of substances that adversely impact other natural resources, and promote progressive reclamation.
Subp. 2. Requirements.
Heap and dump leaching facilities must meet the requirements in items A to C.
A. Heap and dump leaching facilities shall be designed by professional engineers, registered in this state, who are proficient in the design, construction, operation, neutralization, detoxification, and reclamation of heap and dump leaching facilities.
B. The heap and dump leaching facility design shall:
C. Leached ore and sediments from leaching ponds shall be reclaimed according to part 6132.2200 or 6132.2400 based on the results of mine waste characterization.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.2700 Vegetation
Subpart 1. Goals.
Vegetation shall be established to control erosion, screen mining areas from noncompatible uses, and provide for subsequent land uses such as wildlife habitat or timber production.
Subp. 2. Requirements.
Vegetation must meet the requirements in items A to C.
A. Vegetation shall be established on the following areas:
B. The establishment of vegetation shall be initiated during the first normal planting period following the point when according to the permit to mine, a surface, structure, facility, or element is no longer scheduled to be disturbed or used in a manner that would interfere with the establishment and maintenance of vegetation, or after the establishment of vegetation has otherwise been required.
C. The standards in subitems (1) and (2) apply to the areas listed in item A.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.2800 Dust Suppression
Subpart 1. Goal.
Areas disturbed by mining shall be managed to control dust.
Subp. 2. Requirement.
Dust shall be controlled by techniques approved by the commissioner such as water spray, anchored mulches, vegetation, enclosure and containment, and limited chemical binders as last alternatives.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.2900 Air Overpressure and Ground Vibrations from Blasting
Subpart 1. Goal.
Effects of air overpressure and ground vibrations from production blasts shall be kept at levels that will not be injurious to human health or welfare and property outside mining areas.
Subp. 2. Requirements.
Air overpressure standards must meet the requirements in items A and C. Ground vibration control must meet the requirements in items B and C.
A. Air overpressure standards must meet the requirements in subitems (1) to (5).
B. Ground vibration control must meet the requirements in subitems (1) to (4).
C. All monitoring data collected shall be made available to the commissioner on request.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.3000 Subsidence
Subpart 1. Goal.
Mining shall be conducted in a manner that will minimize hazardous conditions that result from subsidence.
Subp. 2. Requirements.
Mining techniques must meet the requirements in items A to C.
A. Mining techniques shall be used that minimize subsidence to the extent practicable.
B. If actual or likely subsidence occurs, the permittee shall establish ground control survey locations and conduct surveys to document the extent of ground movement.
C. Areas affected by subsidence shall be contoured or filled to protect public health and safety or natural resources.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.3100 Corrective Action
Subpart 1. Goal.
On the observation of violations of the permit to mine, immediate actions shall be taken to correct the violation.
Subp. 2. Requirements.
Corrective action requirements include those in items A to D.
A. When the permittee is aware that requirements of parts 6132.2000 to 6132.3200 are not being met, or if facilities constructed are not in compliance with the permit to mine, the permittee shall immediately notify the commissioner.
B. On notification or observation of violations of parts 6132.0100 to 6132.5300 or conditions not meeting the permit to mine, the commissioner shall order the permittee to:
C. If there is an immediate threat to human safety or natural resources resulting from the mining operation, the permittee shall take immediate corrective action and report to the commissioner.
D. The commissioner may take one or more of the following actions if the permittee fails to comply with any portion of this part:
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.3200 Closure and Postclosure Maintenance
Subpart 1. Goal.
The mining area shall be closed so that it is stable, free of hazards, minimizes hydrologic impacts, minimizes the release of substances that adversely impact other natural resources, and is maintenance free.
Subp. 2. Requirements.
Closure and postclosure maintenance must meet the requirements in items A to E.
A. When the permittee is aware of a temporary or permanent shutdown, the permittee shall immediately notify the commissioner.
B. For a temporary shutdown, the permittee shall:
C. The commissioner, after review of the requirements in item B, may either:
D. In evaluating a request for an extension of a temporary shutdown, the commissioner shall:
E. For a permanent shutdown, the permittee must implement the contingency reclamation plan under part 6132.1300 and comply with subitems (1) to (7).
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.4000 Procedures for Obtaining a Permit to Mine
Subpart 1. Application and publication.
The process for requesting a permit to mine begins with a preapplication conference and site visit under part 6132.1100, subpart 1, followed by the submission of an application to the commissioner under parts 6132.1000 to 6132.1400. After the commissioner determines the application is complete, the commissioner shall publish a notice in the State Register and the EQB Monitor stating the department has received an application for a permit to mine. The applicant shall also publish an advertisement as required by part 6132.4900. Within seven days after the last date of publication, the applicant shall submit to the commissioner a copy of the advertisement and an affidavit from the printer verifying publication. The application shall then be considered filed.
Subp. 2. Objection to proposed mining operations.
Objection related to a proposed mining operation may be filed with the commissioner according to Minnesota Statutes, sections 93.44 to 93.51.
A. Written objections to a proposed mining operation and permit may be filed with the commissioner no later than 30 days following the last date of publication of an applicant's newspaper advertisement required under part 6132.4900.
B. A person submitting an objection to the commissioner shall include the following information:
C. Within ten days after the receipt of the objection, the commissioner shall determine whether the person filing the objection meets one of the following criteria:
D. If objections were filed by a person meeting one of the criteria in item C, the commissioner shall attempt to resolve the issue by:
E. If objections were filed by a person not meeting the requirements of item C, the commissioner shall inform the person of that fact, stating reasons for the decision, and proceed with processing the application as if no objection had been received.
Subp. 3. Determination with hearing.
Hearings shall be held by the commissioner according to items A to C.
A. The commissioner shall conduct a hearing if:
B. To conduct a hearing, the commissioner shall:
C. Within 120 days after the close of the hearing record or 90 days after service of the hearing examiner's report, whichever comes later, the commissioner shall grant the permit with or without modifications or conditions or deny the permit stating reasons for the denial.
Subp. 4. Determination without hearing.
The commissioner shall process the permit without a hearing according to items A and B.
A. No hearing is required if the commissioner determines that the proposed operation can be permitted without provisions or conditions and if within 30 days following the last date of publication of the applicant's newspaper advertisement:
B. Within 120 days after the last date on which a person can object to the proposed mining operation, the commissioner shall approve the application.
Subp. 5. Review of annual report.
Each year following the granting of the permit to mine, the commissioner shall review the annual report required under part 6132.1300 to determine whether it complies with the provisions of the permit to mine. On completion of this review, the commissioner shall inform the permittee of the compliance determination.
A. If the annual report complies, the commissioner shall direct the permittee to implement the reclamation plan proposed for the upcoming year.
B. If the annual report does not comply, the commissioner shall:
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.4100 Variances
Subpart 1. Application for variance.
A proceeding for requesting a variance from parts 6132.0100 to 6132.5300 begins when the permit applicant or permittee files an application for a variance with the commissioner. The application shall include information necessary for the commissioner to determine that the proposed variance is directed toward the attainment of the goals of parts 6132.0100 to 6132.5300 and is consistent with the general public welfare including, but not limited to:
A. how the alternative measure proposed is equivalent to or superior to that prescribed in the rule; and
B. how strict compliance with the rule will impose an undue burden on the applicant. Under no circumstances will a variance be granted that varies a statutory standard.
Subp. 2. Determination by commissioner.
Within 30 days after receipt of the application, the commissioner shall determine whether the proposed variance constitutes a substantial change from the requirements of parts 6132.0100 to 6132.5300.
A. If the commissioner determines that a substantial change would result, the applicant shall follow the procedures for permit to mine applications as provided in part 6132.4000.
B. If the commissioner determines that there would be no substantial change, and that the variance is in the public interest and meets the goals of parts 6132.0100 to 6132.5300, the variance shall be granted.
Subp. 3. Simultaneous filing of applications.
Applications for variance from parts 6132.0100 to 6132.5300 may be filed simultaneously with an application for a permit to mine, provided that the advertisement contains all information required for applications for permits to mine and for variance.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.4200 Amendment of Permit to Mine
Subpart 1. Application for amendment.
A proceeding for requesting an amendment of a permit to mine begins when the permittee files an application for an amendment with the commissioner. The application shall include information the commissioner requires to determine that the proposed amendment meets the requirements of parts 6132.0100 to 6132.5300 and state law.
Subp. 2. Determination by commissioner.
Within 30 days after receipt of the application, the commissioner shall determine whether the proposed amendment constitutes a substantial change from the permit to mine.
A. If the commissioner determines that a substantial change would occur, the applicant shall follow the procedures for obtaining a permit to mine provided in part 6132.4000.
B. If the commissioner determines that there would be no substantial change, the amendment shall be granted.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.4300 Modification of Permit to Mine
Subpart 1. Conditions authorizing.
The commissioner may order the modification of a permit to mine when:
A. it is necessary to correct conditions that jeopardize public health or safety or that could result in injury to persons or property;
B. there is a violation of terms of the permit to mine or parts 6132.0100 to 6132.5300; or
C. new information related to reclamation becomes available that needs to be addressed and incorporated into the permit to mine.
Subp. 2. Beginning of proceedings.
A proceeding to modify a permit to mine begins by serving on the permittee:
A. a notice of hearing under part 6132.5000; and
B. the proposed modification order.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.4400 Cancellation of Permit to Mine
If within three years following the issuance of a permit to mine no substantial construction of plant facilities or actual mining has begun and no reclamation of the site is necessary, the commissioner may, with the consent of the permittee, cancel the permit to mine.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.4500 Suspension of Permit to Mine
Subpart 1. Procedure.
If an emergency situation arises that results in imminent danger, the commissioner, by written order to the permittee, may at that time suspend any portion or portions of operations as necessary to protect:
A. public health and safety;
B. public interests in lands and waters; or
C. persons and property.
Subp. 2. Requirements.
The commissioner shall require the permittee to take all measures necessary to prevent or remedy the emergency situation.
Subp. 3. Duration.
No suspension under this part shall be in effect more than 30 days without giving the permittee at least ten days' written notice of the order and an opportunity to be heard under part 6132.5000.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.4600 Revocation of Permit to Mine
Subpart 1. Conditions authorizing.
The commissioner may order the revocation of a permit to mine when:
A. it is necessary to stop conditions that jeopardize public health and safety or that could result in injury to persons or property; or
B. there is a violation of terms of the permit to mine or parts 6132.0100 to 6132.5300.
Subp. 2. Beginning of proceedings.
A proceeding to revoke a permit to mine begins by serving on the permittee:
A. a notice of hearing under part 6132.5000; and
B. the proposed revocation order.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.4700 Assignment
Under Minnesota Statutes, section 93.481, subdivision 5, the commissioner shall allow the assignment of a permit to mine only if the commissioner determines that the assignee will perform all outstanding obligations of law, parts 6132.0100 to 6132.5300, and the permit to mine.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.4800 Release of Permittee
Subpart 1. Procedure.
The procedure to release the permittee from permit to mine responsibility on a reclaimed portion of the mining area begins when the permittee submits a request for release under part 6132.1400.
Subp. 2. Determination by commissioner.
The commissioner shall review the request for release and inspect the site to be released to determine whether all terms and conditions of parts 6132.0100 to 6132.5300 and the permit to mine have been satisfied.
A. If the commissioner determines that the terms and conditions of parts 6132.0100 to 6132.5300 and the permit to mine have not been satisfied, the permittee shall follow the procedures for obtaining a permit to mine described in part 6132.4000.
B. If the commissioner determines that the terms and conditions of parts 6132.0100 to 6132.5300 and the permit to mine have been satisfied, the commissioner shall release the permittee from further responsibility for the reclaimed portion.
C. If the commissioner determines that the request for release relates to requirements for permanent shutdown, pursuant to part 6132.3200, subpart 2, item E, the permittee shall follow the procedures for obtaining a permit to mine described in part 6132.4000.
Subp. 3. Postclosure maintenance.
No release from a permit to mine shall be approved for a portion of the mining area requiring postclosure maintenance until the necessity for maintenance ceases.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.4900 Publication
Subpart 1. Newspaper; contents.
When an advertisement is required relating to the issuance, amendment, variance, or release from a permit to mine, it shall be published by the permittee once each week for four successive weeks in a qualified newspaper under Minnesota Statutes, section 331A.02, that is circulated in the locality of the proposed mining operation. The advertisement must contain:
A. a statement and map indicating the locations and boundaries of the mining area;
B. surface and mineral ownership within the mining area based on information of record in the county recorder's office. An owner's agent may be identified in place of the owner;
C. the schedule for accomplishing what is being proposed;
D. a notice of the deadline date for filing objections; and
E. the following information:
Subp. 2. Revocation; modification; suspension of permit.
When an advertisement is required under part 1400.5600, subpart 4, relating to the revocation, modification, or suspension of a permit to mine, or relating to the assessment of civil penalties, a notice of hearing and the commissioner's proposed order shall be published by the commissioner as follows:
A. once in the State Register and the EQB Monitor at least 30 days before the scheduled date of hearing; and
B. once each week during the four weeks preceding the scheduled date of hearing, in a qualified newspaper according to Minnesota Statutes, section 331A.02, that is circulated in the locality of the proposed mining operation.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.5000 Hearing Procedures
Procedures established by parts 1400.5100 to 1400.8500 apply to a contested case hearing under parts 6132.0100 to 6132.5300, except as otherwise provided in Minnesota Statutes, sections 93.44 to 93.51, and parts 6132.0100 to 6132.5300.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.5100 Civil Penalties
Subpart 1. Violation.
If a permittee violates any provision of Minnesota Statutes, sections 93.44 to 93.51, parts 6132.0100 to 6132.5300, or a permit to mine issued under them, the commissioner may order imposition of a civil penalty.
Subp. 2. Beginning of proceedings.
A proceeding to assess civil penalties begins by serving on the permittee:
A. a notice of hearing under part 6132.5000; and
B. the proposed civil penalty imposition order.
Subp. 3. Determining the amount.
In determining the amount of a penalty, the commissioner shall consider the severity of the violation, the need to deter future violations, and the magnitude of potential or actual gains resulting from the violation.
Subp. 4. Duration.
The assessment of the civil penalty shall remain in effect until the violation that necessitated the penalty is corrected.
Subp. 5. Collection.
The commissioner shall collect an assessed civil penalty in the same manner as any other debt owed the state.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.5200 Inspection of Mining Area
The permittee shall allow the commissioner to inspect all mining operations and records needed to monitor compliance with the permit to mine and parts 6132.0100 to 6132.5300.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Minn. R. 6132.5300 Wetland Mitigation and Replacement Procedures
Subpart 1. Authority.
In accordance with Minnesota Statutes, section 103G.222, no draining or filling of wetlands resulting from mining shall occur unless a wetland replacement plan, approved by the commissioner, is incorporated into the mining and reclamation plans of a mining operation for which a permit to mine is required. The replacement plan shall apply the principles and standards contained in the section entitled "Standards and Procedures for Evaluating Wetland Replacement Plans" of chapter 8420, wetland rules, adopted pursuant to Minnesota Statutes, section 103G.2242.
Subp. 2. Procedure.
The procedures for replacement plan approval shall be those contained in chapter 8420, wetland rules, adopted pursuant to Minnesota Statutes, section 103G.2242, with the commissioner acting as the approving authority. Upon the receipt of an approved replacement plan, the plan shall be incorporated into the permittee's mining and reclamation plan by inclusion in the annual report, pursuant to part 6132.1300, subpart 3, item H.
Because of the time necessary to process wetland replacement plans, it is advisable to initiate this process well in advance of the point when any given annual report is required to be submitted, if the permittee wants to initiate wetland replacement during the upcoming year described in that annual report.
History
- Statutory Authority: MS s 93.44 to 93.51; 103G.222
- History: 17 SR 2207
Chapter 6133 RESTITUTION VALUE FOR FISH AND WILDLIFE
Minn. R. 6133.0010 Statutory Authority
Pursuant to Minnesota Statutes, section 97A.345, the restitution values to the state of species of wild animals listed in this chapter are prescribed as indicated.
History
- Statutory Authority: MS s 97A.345
- History: 16 SR 93
Minn. R. 6133.0020 Definitions
Subpart 1. Scope.
For the purposes of this chapter, the following terms have the meanings given them, unless otherwise provided.
Subp. 2. Big game.
"Big game" has the meaning given in Minnesota Statutes, section 97A.015, subdivision 3.
Subp. 3. Endangered animal species.
"Endangered animal species" are those animals designated as endangered in part 6134.0200.
Subp. 4. Fur-bearing animals.
"Fur-bearing animals" has the meaning given in Minnesota Statutes, section 97A.015, subdivision 22.
Subp. 5. Game birds.
"Game birds" has the meaning given in Minnesota Statutes, section 97A.015, subdivision 24.
Subp. 6. Game fish.
"Game fish" has the meaning given in Minnesota Statutes, section 97A.015, subdivision 25.
Subp. 7. Minnows.
"Minnows" has the meaning given in Minnesota Statutes, section 97A.015, subdivision 29.
Subp. 8. Small game.
"Small game" has the meaning given in Minnesota Statutes, section 97A.015, subdivision 45.
Subp. 9. Sunfish.
"Sunfish" has the meaning given in Minnesota Statutes, section 97A.015, subdivision 46.
Subp. 10. Threatened animal species.
"Threatened animal species" are those animals designated as threatened in part 6134.0200.
Subp. 11. Trophy animal.
"Trophy animal" is defined for deer, elk, and moose as an animal with antlers that meet or exceed the score specified in items A to D when measured using the Boone and Crockett Club's official scoring system for North American big game trophies (Nesbitt, W.H. and J. Reneau, eds., Records of North American Big Game, Ninth Edition, The Boone and Crockett Club, Dumfries, VA, 1988, 498 pp.). This scoring system is incorporated by reference and is available through the Minitex interlibrary loan system and is not subject to frequent change:
A. white-tailed deer (typical), score of 135;
B. white-tailed deer (nontypical), score of 160;
C. moose, score of 145; and
D. elk, score of 260. Trophy animal is defined for black bear as an animal with a skull that meets or exceeds a score of 20 using the Boone and Crockett Club's official scoring system for North American big game trophies (id.) For the purposes of this chapter, antlers or skulls may be measured at any time; no drying period is required.
History
- Statutory Authority: MS s 97A.345
- History: 16 SR 93
Minn. R. 6133.0030 Game Birds
The restitution values for game bird species are as follows:
A. turkey (wild), $400;
B. pheasant, $50;
C. quail, $50;
D. chukar partridge, $50;
E. gray partridge, $50;
F. ruffed grouse, $50;
G. sharp-tailed grouse, $50;
H. spruce grouse, $50;
I. greater prairie chicken, $500;
J. American woodcock, $50;
K. common snipe, $50;
L. sora, Virginia rails, $50;
M. gallinules, $50;
N. coot, $25;
O. ducks and mergansers, except canvasback, $50;
P. canvasback, $100;
Q. geese, $50;
R. tundra swan, $1,000;
S. trumpeter swan, $2,500; and
T. sandhill crane, $200.
History
- Statutory Authority: MS s 14.388; 97A.345; L 2023 c 60 art 4 s 98; art 4 s 103
- History: 16 SR 93; 27 SR 379; 38 SR 787; 48 SR 697
Minn. R. 6133.0040 Big Game
Subpart 1. General.
The restitution values for big game species are as follows:
A. deer, $500;
B. elk, $1,000;
C. caribou, $1,000;
D. moose, $1,000;
E. pronghorn antelope, $500; and
F. black bear, $400.
Subp. 2. Adjustments for trophy animals.
The restitution values for deer, elk, moose, and bear may be increased to twice the amount listed in subpart 1 if the animal is a trophy animal.
History
- Statutory Authority: MS s 97A.345
- History: 16 SR 93
Minn. R. 6133.0050 Small Game
The restitution values for small game species other than game birds are as follows:
A. cottontail rabbit, $20;
B. jack rabbit, $20;
C. snowshoe hare, $20;
D. fox and gray squirrel, $20;
E. red and gray fox, $30;
F. wolverine, $1,000;
G. badger, $100;
H. otter, $100;
I. pine marten, $100;
J. fisher, $100;
K. mink, $30;
L. raccoon, $30;
M. beaver, $30;
N. muskrat, $30;
O. opossum, $30;
P. bobcat, $100;
Q. lynx, $500; and
R. cougar, $1,000.
History
- Statutory Authority: MS s 97A.345
- History: 16 SR 93
Minn. R. 6133.0060 Endangered Animal Species
The restitution values for endangered animal species are as follows:
A. mammals and birds, $4,000; and
B. all other animals, $2,000.
History
- Statutory Authority: MS s 97A.345
- History: 16 SR 93
Minn. R. 6133.0070 Threatened Animal Species
The restitution values for threatened animal species are as follows:
A. mammals and birds, $2,000; and
B. all other animals, $500.
History
- Statutory Authority: MS s 97A.345
- History: 16 SR 93
Minn. R. 6133.0075 Wolves
The restitution value for wolves is $500.
History
- Statutory Authority: MS s 97A.345; L 2012 c 277 art 1 s 84
- History: 24 SR 644; L 2012 c 277 art 1 s 90; 37 SR 374
Minn. R. 6133.0080 Game Fish
Subpart 1. General.
Except for fish covered in subpart 3, the values in this subpart apply. For fish species that do not have a designated quality size, or for fish that have a total length equal to or less than the designated quality size, the restitution value is the base value shown in the following table. For fish that have a length that exceeds the designated quality size, the restitution value is the base value plus $10 for every inch over the quality size.
Subp. 2. Muskellunge.
The restitution values for muskellunge are as follows:
A. four to less than 30 inches, $40;
B. 30 to less than 40 inches, $200;
C. 40 to less than 50 inches, $500; and
D. 50 inches and over, $1,000 plus $100 for each inch over 50 inches.
Subp. 3. Game fish less than four inches.
The restitution values for fish that are less than four inches in length are as follows:
A. green or orange spotted sunfish less than four inches in length, no value;
B. yellow perch and members of the Centrarchidae family (bluegill, pumpkinseed, longear sunfish, warmouth, hybrid sunfish, black bass, rock bass, and crappie), except for green or orange spotted sunfish, that are less than four inches in length, ten cents per fish;
C. walleye taken on Lake Superior or in St. Louis bay that are less than two inches in length, ten cents per fish; and
D. all other game fish that are less than four inches in length and not included in items A to C, $1 per fish.
Subp. 4. Lake sturgeon.
The restitution values for lake sturgeon are as follows:
A. four to less than 40 inches, $500;
B. 40 to less than 50 inches, $1,000; and
C. 50 inches and over, $1,000 plus $100 for each inch over 50 inches.
History
- Statutory Authority: MS s 14.388; 97A.345
- History: 16 SR 93; 27 SR 379; 32 SR 724
Minn. R. 6133.0090 Minnows
The restitution values for minnows are as follows:
A. cyprinidae, fair market value at time of violation;
B. umbridae, 50 cents a pound;
C. catostomidae, 50 cents a pound;
D. bullhead (7 inches or less), 50 cents a pound;
E. cisco (7 inches or less), 50 cents a pound;
F. lake whitefish (7 inches or less), $1 a pound;
G. goldeyes and mooneyes (7 inches or less), 50 cents a pound; and
H. leeches, fair market value at time of violation.
History
- Statutory Authority: MS s 97A.345
- History: 16 SR 93
Chapter 6134 ENDANGERED, THREATENED, SPECIAL CONCERN SPECIES
Minn. R. 6134.0100 Statutory Authority
Pursuant to Minnesota Statutes, section 84.0895, the species of wild animals and plants listed in parts 6134.0200 to 6134.0400 are designated as endangered, threatened, or of special concern, as indicated in those parts.
History
- Statutory Authority: MS s 84.0895
- History: 8 SR 1921; L 1986 c 386 art 4 s 9
Minn. R. 6134.0150 Purpose and Scope
Minnesota Statutes, section 84.0895, subdivision 3, requires the commissioner of natural resources to adopt rules designating species meeting the statutory definitions of endangered, threatened, or species of special concern. Minnesota Statutes, section 84.0895, subdivision 5, authorizes the commissioner to adopt rules that regulate treatment of species designated as endangered or threatened. Thus, two different sets of rules have been adopted: parts 6134.0100 to 6134.0400 designate species in the three statutory categories; and parts 6212.1800 to 6212.2300 create regulations for species designated as endangered or threatened.
Species designated as species of special concern are not protected by Minnesota Statutes, section 84.0895 or rules adopted under that section. Parts 6212.1800 to 6212.2300 and Minnesota Statutes, section 84.0895, impose a variety of restrictions, a permit program, and several exemptions pertaining to species designated as endangered or threatened. Among these are that acts otherwise prohibited may be allowed by permit issued by the commissioner; plants on certain agricultural lands and plants destroyed in consequence of certain agricultural practices are exempt; and the accidental, unknowing destruction of designated plants is exempt. Parts 6134.0100 to 6134.0400 do not address protection of habitat for species designated as endangered, threatened, or species of special concern, nor do they obligate anyone to survey lands for the presence of designated species.
Persons are advised to read the full text of parts 6134.0100 to 6134.0400 and 6212.1800 to 6212.2300 and Minnesota Statutes, section 84.0895, in order to understand all Department of Natural Resources regulations pertaining to species that are designated as endangered, threatened, or species of special concern.
History
- Statutory Authority: MS s 84.0895
- History: 20 SR 2782
Minn. R. 6134.0170 Species Names
Species designated as endangered, threatened, or of special concern in this chapter are identified by the species' scientific (Latin) names. Common (English) names, when available, follow the scientific names and are included for the convenience of the reader, but do not reliably identify the species so designated.
History
- Statutory Authority: MS s 84.0895
- History: 38 SR 217
Minn. R. 6134.0200 Animal Species
Subpart 1. Mammals.
The following species of mammals are designated as:
A. Endangered: none.
B. Threatened:
C. Of special concern:
Subp. 2. Birds.
The following species of birds are designated as:
A. Endangered:
B. Threatened:
C. Of special concern:
Subp. 3. Amphibians and reptiles.
The following species of amphibians and reptiles are designated as:
A. Endangered:
B. Threatened:
C. Of special concern:
Subp. 4. Fish.
The following species of fish are designated as:
A. Endangered:
B. Threatened:
C. Of special concern:
Subp. 5.
[Repealed, 20 SR 2782]
Subp. 6. Mollusks.
The following species of mollusks are designated as:
A. Endangered:
B. Threatened:
C. Of special concern:
Subp. 7. Jumping spiders.
The following species of jumping spiders are designated as:
A. Endangered: none.
B. Threatened: Tutelina formicaria.
C. Of special concern:
Subp. 8. Butterflies and moths.
The following species of butterflies and moths are designated as:
A. Endangered:
B. Threatened: Oarisma gratia, gratia skipper.
C. Of special concern:
Subp. 9. Caddisflies.
The following species of caddisflies are designated as:
A. Endangered:
B. Threatened:
C. Of special concern:
Subp. 10. Tiger beetles.
The following species of tiger beetles are designated as:
A. Endangered:
B. Threatened:
C. Of special concern:
Subp. 11. Leafhoppers.
The following species of leafhoppers are designated as:
A. Endangered: none.
B. Threatened: none.
C. Of special concern:
Subp. 12. Dragonflies.
The following species of dragonflies are designated as:
A. Endangered: none.
B. Threatened: Ophiogomphus susbehcha, St. Croix snaketail.
C. Of special concern:
History
- Statutory Authority: MS s 84.0895
- History: 8 SR 1921; 20 SR 2782; L 2012 c 277 art 1 s 90; 38 SR 217
Minn. R. 6134.0300 Vascular Plants
The following species of vascular plants are designated as:
A. Endangered:
B. Threatened:
C. Of special concern:
History
- Statutory Authority: MS s 84.0895
- History: 8 SR 1921; 20 SR 2782; 38 SR 217
Minn. R. 6134.0400 Lichens; Mosses; Liverworts; Fungi
Subpart 1. Lichens.
The following species of lichens are designated as:
A. Endangered:
B. Threatened:
C. Of special concern:
Subp. 2. Mosses and liverworts.
The following species of mosses and liverworts are designated as:
A. Endangered:
B. Threatened:
C. Of special concern:
Subp. 3. Fungi.
The following species of fungi are designated as:
A. Endangered:
B. Threatened: none.
C. Of special concern:
History
- Statutory Authority: MS s 84.0895
- History: 8 SR 1921; 20 SR 2782; 38 SR 217
Chapter 6135 UTILITY CROSSINGS
Minn. R. 6135.0100 Policy
Pursuant to Minnesota Statutes, section 84.415, as amended by Laws 1973, chapter 479, section 1, the commissioner of natural resources hereby establishes rules concerning utility crossings over public lands and waters under the control of the commissioner, setting forth fees, standards, and criteria for minimizing the environmental impact of such crossings.
History
- Statutory Authority: MS s 84.415
Minn. R. 6135.0200 Definitions
Subpart 1. Electric transmission.
"Electric transmission" means lines, cables, or conduits used to transport large blocks of power between two points, generally, 69 kilovolt-amperes or more. As distinguished from "distribution" which means lines, cables, or conduits used to distribute power to the utility company's customers, generally, less than 69 kilovolt-amperes.
Subp. 2. Public waters.
"Public waters" means all waters of the state which serve a beneficial public purpose, as defined in Minnesota Statutes, section 103A.201, subdivision 1.
Subp. 3. Utilities.
"Utilities" means lines, cables, and conduits for telephone, telegraph, or electric power, and pipelines for gases, liquids, or solids in suspension, and any other such item covered by the licensing requirements of Minnesota Statutes, section 84.415.
History
- Statutory Authority: MS s 84.415
Minn. R. 6135.0300 Severability
The provisions of these rules are severable, and the invalidity of any lettered or numbered paragraph, subparagraph, or subdivision thereof, shall not invalidate any other part.
History
- Statutory Authority: MS s 84.415
Minn. R. 6135.0400 Fee Schedules
Subpart 1. Purpose.
The following fees defray administrative costs and provide a reasonable return for private use of public land or water.
Subp. 2. Application fee.
The applicant shall include $500 with each application for a license to construct utility crossings over or under public lands. An application may contain more than one crossing.
The applicant shall include $500 with each application for a license to construct utility crossings over or under public waters. An application may contain more than one crossing. In the case of underwater crossings, the application fee charged shall satisfy the application fee requirements of parts 6115.0010 to 6115.0100 but the crossings shall be subject to all inspection and monitoring fees required by law or regulation.
The checks shall be made payable to the commissioner of management and budget. The commissioner will acknowledge the receipt of the application, indicating whether or not the correct application fee was included. The commissioner will take no other action on the application until the commissioner has received the correct fee. The commissioner will not return application fees, even if the application is withdrawn or denied.
Subp. 3. Utility crossing fees.
One-time payment fees securing a 50-year license, made payable to the state treasurer, shall be established for two classes of utility crossings as follows:
A. Fees for crossing of public waters:
B. Fees for crossing of public lands:
Subp. 4. Option for 25-year license.
An applicant may request a 25-year license instead of a 50-year license. In such a case, a one-time payment fee securing a 25-year license shall be established based on 60 percent of the fee for a 50-year license as computed under subpart 3 and Rate Tables I to IV in parts 6135.0520 to 6135.0820.
Subp. 5. Renewal of license.
At the end of the license period if both parties wish to renew, the renewal fee and time period will be determined by such methods as are developed by the commissioner or a successor.
Subp. 6. Scope of application fees.
Application fees required under these parts shall be charged for all applications received after the effective date of these parts.
The license fees required under these rules shall apply to all licenses which have not been fully executed at the effective date of these parts.
History
- Statutory Authority: MS s 84.415; L 2003 c 128 art 1 s 158
- History: 15 SR 1362; L 2003 c 112 art 2 s 50; 28 SR 545; L 2009 c 101 art 2 s 109
Minn. R. 6135.0500 [Repealed, 15 SR 1362]
[Repealed, 15 SR 1362]
Minn. R. 6135.0510 [Repealed, 28 SR 545]
[Repealed, 28 SR 545]
Minn. R. 6135.0520 Rate Table I, Narrow Underwater Crossings
The following table applies to underwater crossings involving a disturbance of less than ten feet in width at the water's edge.
The length of an underwater crossing is measured by the number of feet of line between banks or shores. The license fee is determined by adding the length of all such underwater crossings on the same application and, using this total distance, selecting the appropriate column to determine the base rate. The license fee is the base rate plus $28 for each crossing in excess of one listed in the application.
Example #1. Electric distribution line application. Five water crossings.
Example #2. Pipeline application. One crossing.
History
- Statutory Authority: MS s 14.388; L 2003 c 128 art 1 s 158
- History: 28 SR 545
Minn. R. 6135.0600 [Repealed, 15 SR 1362]
[Repealed, 15 SR 1362]
Minn. R. 6135.0610 [Repealed, 28 SR 545]
[Repealed, 28 SR 545]
Minn. R. 6135.0620 Rate Table Ii, Wide Underwater Crossings
The following table applies to underwater crossings involving a disturbance of ten feet or more in width at the water's edge.
The length of an underwater crossing is measured by the number of feet of line between banks or shores. The license fee is determined by calculating separately the length of each crossing on the same application, finding the rate for each crossing by referring to the appropriate column, and then adding together the resulting rate determinations.
Example. Pipeline application. Three underwater crossings.
History
- Statutory Authority: MS s 14.388; L 2003 c 128 art 1 s 158
- History: 28 SR 545
Minn. R. 6135.0700 [Repealed, 15 SR 1362]
[Repealed, 15 SR 1362]
Minn. R. 6135.0710 [Repealed, 28 SR 545]
[Repealed, 28 SR 545]
Minn. R. 6135.0720 Rate Table Iii, Overwater Crossings
The following table applies to overwater crossings.
The length of an overwater crossing is measured by the number of feet of line between banks or shores. The license fee is determined by adding the length of all such overwater crossings on the same application and, using this total distance, selecting the appropriate column to determine the base rate. The license fee is the base rate plus $28 for each crossing in excess of one listed in the application.
Example. Telephone line application. Three overwater crossings.
History
- Statutory Authority: MS s 14.388; L 2003 c 128 art 1 s 158
- History: 28 SR 545
Minn. R. 6135.0800 [Repealed, 15 SR 1362]
[Repealed, 15 SR 1362]
Minn. R. 6135.0810 [Repealed, 28 SR 545]
[Repealed, 28 SR 545]
Minn. R. 6135.0820 Rate Table Iv, Public Land Crossings
The following table applies to public land crossings.
Example #1. Electric transmission line request: 100 foot right-of-way, across two descriptions of public land, 1,320 feet in length for each description.
Example #2. Pipeline request: 75 foot right-of-way, 400 feet across public land.
If an additional crossing is to be placed in an existing right-of-way by the original licensee or any other licensee, the fee will be 50 percent of the amount which would be charged if this crossing were the original crossing in the right-of-way.
If the appraised value of the land over which a utility will cross is over $100 per acre, a fee in addition to that contained in Rate Table IV will be charged. The additional fee shall not exceed 15 percent of the appraised value in excess of $100 per acre of the actual acreage being taken by the right-of-way.
History
- Statutory Authority: MS s 14.388; L 2003 c 128 art 1 s 158
- History: 28 SR 545
Minn. R. 6135.1000 Protecting the Environment
Subpart 1. Policy.
It is essential to regulate utility crossings of public lands and waters in order to provide maximum protection and preservation of the natural environment and to minimize any adverse effects which may result from utility crossings. These standards and criteria provide a basic framework of environmental considerations concerning such a proposed crossing. The standards deal with route design, structure design, construction methods, safety considerations, and right-of-way maintenance.
Subp. 2. Application content.
For each environmental standard listed in these parts, the applicant shall indicate whether the applicant is satisfying the standard, where applicable, or if not, why not. In dealing with route design standards, the application must, where applicable, also supply data on relevant site conditions. Except when the commissioner determines that it is not feasible and prudent, or not in the best interests of the environment, the applicant shall comply with the following standards in designing, constructing, and maintaining utility crossings.
History
- Statutory Authority: MS s 84.415
- History: 17 SR 1279
Minn. R. 6135.1100 Standards for Route Design
Subpart 1. Topography.
With regard to topography:
A. avoid steep slopes;
B. avoid scenic intrusions into stream valleys and open exposures of water;
C. avoid scenic intrusions by avoiding ridge crests and high points; and
D. avoid creating tunnel vistas by, for example, building deflections into the route or using acceptable screening techniques.
Subp. 2. Vegetation.
With regard to vegetation:
A. avoid wetlands; and
B. run along fringe of forests rather than through them, but if it is necessary to route through forests, then utilize open areas in order to minimize destruction of commercial forest resources.
Subp. 3. Soil.
With regard to soil characteristics:
A. avoid soils whose high susceptibility to erosion would create sedimentation and pollution problems during and after construction;
B. avoid areas of plastic soils which would be subject to extensive slippage; and
C. avoid areas with high water tables, especially if construction requires excavation.
Subp. 4. Crossing public waters.
With regard to crossing of public waters:
A. avoid streams, but if that is not feasible and prudent, cross at the narrowest places wherever feasible and prudent, or at existing crossings of roads, bridges, or utilities; and
B. avoid lakes, but where there is no feasible and prudent alternative route, minimize the extent of encroachment by crossing under the water. Crossings on or under the beds of streams designated by the commissioner as trout waters shall be avoided unless there is no feasible alternative. When unavoidable, maximum efforts shall be taken to minimize damage to trout habitat.
Subp. 5. Special use areas.
With regard to special use areas, which are those areas designated under Minnesota Statutes, section 84.033, as scientific and natural areas; those areas designated pursuant to Minnesota Statutes, section 103F.325, as units of the Minnesota Wild and Scenic River System; and those areas subject to special regulation for recreational, scenic, natural, scientific, or environmental purposes:
A. avoid them, but if there is no feasible alternative route, then utilities shall be placed underground; and
B. locate such crossings with existing public facilities such as roads and utilities.
History
- Statutory Authority: MS s 84.415
Minn. R. 6135.1200 Standards for Structure Design
Subpart 1. Location of utility.
With regard to locating the utility overhead or under the ground or water:
A. Primary consideration shall be given to underground and underwater placement in order to minimize visual impact. If the proposal is for overhead placement, the applicant shall explain the economic, technological, or land characteristic factors, which make underground placement infeasible. Economic considerations alone shall not be the major determinant.
B. If overhead placement is necessary, the crossing shall be hidden from view as much as practicable.
Subp. 2. Appearance.
With regard to the appearance of the structures, they shall be made as compatible as practicable with the natural area with regard to: height and width, materials used, and color.
Subp. 3. Right-of-way.
The right-of-way width shall be kept to a minimum.
History
- Statutory Authority: MS s 84.415
Minn. R. 6135.1300 Construction Methods
When crossing roads or rivers, leave a screen of vegetation between the structures and the road or river.
When crossing under public waters, take steps to prevent excessive erosion of lake or stream banks and construct temporary sediment traps to reduce sedimentation.
Construct across wetlands in the winter in order to minimize damage to vegetation and in order to prevent erosion and sedimentation.
Construct at times when local fish and wildlife are not spawning or nesting.
History
- Statutory Authority: MS s 84.415
Minn. R. 6135.1400 Safety Considerations
Applicants for crossings of electrical transmission lines and pipelines shall adhere to federal and state safety regulations, both with regard to prevention (such as safety valves and circuit breakers) and with regard to emergency procedures in the event of failure (fire suppression, oil spill cleanup).
In order to ensure adequate safety for commercial or recreational navigational uses of waterways, overhead crossings shall be constructed at adequate heights to provide maximum safety compatible with existing or potential navigational uses.
History
- Statutory Authority: MS s 84.415
Minn. R. 6135.1500 Right-of-Way Maintenance
Natural vegetation of value to fish or wildlife, which does not pose a hazard to or restrict reasonable use of the utility, shall be allowed to grow in the right-of-way.
Where vegetation has been removed, new vegetation consisting of native grasses, herbs, shrubs, and trees, recommended by the commissioner shall be planted and maintained on the right-of-way.
Chemical control of vegetation shall be in accordance with rules, regulations, and other requirements of all state and federal agencies with authority over the use.
History
- Statutory Authority: MS s 84.415
Minn. R. 6135.1600 Relationship to Other Laws
There are other Minnesota and federal laws and rules and regulations concerned with utility crossings and the environment. In case of conflict with other environmental regulations, the parts included herein will be subordinated to any law, rule, or regulation which is stricter in its protection of the environment. Other related environmental laws and rules and regulations include but are not limited to those associated with:
A. federal and state wild, scenic, and recreational rivers;
B. the Minnesota Environmental Protection Act; and
C. natural and scientific areas.
History
- Statutory Authority: MS s 84.415
Minn. R. 6135.1700 License Conditions
In granting a license, the commissioner may include therein any terms, conditions, or reservations which may be necessary to minimize the adverse effect on the environment or to carry out the policies of these parts.
History
- Statutory Authority: MS s 84.415
Minn. R. 6135.1800 Cancellation of License
Upon violation of any of the terms, conditions, or reservations contained in a license, the commissioner may cancel any license granted under these parts.
History
- Statutory Authority: MS s 84.415
Minn. R. 6135.2500 [Renumbered 6244.2100]
[Renumbered 6244.2100]
Minn. R. 6135.2600 [Renumbered 6244.2200]
[Renumbered 6244.2200]
Minn. R. 6135.2700 [Renumbered 6244.2300]
[Renumbered 6244.2300]
Minn. R. 6135.2800 [Renumbered 6244.2400]
[Renumbered 6244.2400]
Minn. R. 6135.2900 [Renumbered 6244.2500]
[Renumbered 6244.2500]
Minn. R. 6135.3000 [Renumbered 6244.2600]
[Renumbered 6244.2600]
Minn. R. 6135.3100 [Renumbered 6244.2700]
[Renumbered 6244.2700]
Minn. R. 6135.3200 [Renumbered 6244.2800]
[Renumbered 6244.2800]
Minn. R. 6135.3300 [Renumbered 6244.2900]
[Renumbered 6244.2900]
Minn. R. 6135.3400 [Renumbered 6244.3000]
[Renumbered 6244.3000]
Minn. R. 6135.3500 [Renumbered 6244.3100]
[Renumbered 6244.3100]
Minn. R. 6135.3600 [Renumbered 6244.3200]
[Renumbered 6244.3200]
Minn. R. 6135.3700 [Renumbered 6244.3300]
[Renumbered 6244.3300]
Minn. R. 6135.4500 [Renumbered 6136.0100]
[Renumbered 6136.0100]
Minn. R. 6135.4600 [Renumbered 6136.0200]
[Renumbered 6136.0200]
Minn. R. 6135.4700 [Renumbered 6136.0300]
[Renumbered 6136.0300]
Minn. R. 6135.4800 [Renumbered 6136.0400]
[Renumbered 6136.0400]
Minn. R. 6135.4900 [Renumbered 6136.0500]
[Renumbered 6136.0500]
Minn. R. 6135.5000 [Renumbered 6136.0600]
[Renumbered 6136.0600]
Chapter 6136 NATURAL PRESERVATION
Minn. R. 6136.0100 Purposes
The legislature has provided for creation and establishment of scientific and natural areas for the purpose of preserving, protecting, and managing lands or waters possessing inherent natural values, including soils, waters, or sediments, sites of scientific value, habitats of rare or endangered species of plants and animals, places of historic or prehistoric interest and scenic beauty, and areas uniquely suitable for teaching natural history and conservation.
The purpose of parts 6136.0100 to 6136.0600 is to provide for the management of scientific and natural areas for public use, educational and research purposes in such manner and by such means as will leave them conserved for future generations.
History
- Statutory Authority: MS s 84.03
- History: 32 SR 724
Minn. R. 6136.0200 Policy
Notwithstanding parts 6136.0400 and 6136.0550, the commissioner of natural resources, the commissioner's agents and employees, those persons operating under contract with the Department of Natural Resources, and law enforcement officers may take such steps as may be necessary to enforce this chapter and to establish, maintain, manage, and operate scientific and natural areas.
History
- Statutory Authority: MS s 84.03
- History: 17 SR 1279; 32 SR 724
Minn. R. 6136.0300 Definitions
Subpart 1. Scope.
For the purposes of this chapter, the terms defined in this part have the following meanings.
Subp. 2. Commissioner.
"Commissioner" means the commissioner of the Department of Natural Resources.
Subp. 3.
[Repealed, 32 SR 724]
Subp. 4.
[Repealed, 32 SR 724]
Subp. 5.
[Repealed, 32 SR 724]
Subp. 6. Motor vehicle.
"Motor vehicle" means any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle including, but not limited to, automobiles, trucks, dune buggies, mini-bikes, motorcycles, trail bikes, all-terrain vehicles, and snowmobiles.
Subp. 7. Person.
"Person" means any individual, partnership, corporation, or association.
Subp. 8. Scientific and natural area.
"Scientific and natural area" means any area so designated by the commissioner of natural resources under the authority of Minnesota Statutes, section 84.033.
Subp. 9. Watercraft.
"Watercraft" means any contrivance used or designed for navigation or travel on or under water, except a seaplane.
Subp. 10.
[Repealed, 32 SR 724]
History
- Statutory Authority: MS s 84.03
- History: L 1985 c 305 art 3 s 1; 32 SR 724
Minn. R. 6136.0400 Use of Scientific and Natural Areas
Subpart 1. Open to the public.
Each scientific and natural area designated as a public use unit as provided by Minnesota Statutes, section 86A.05, subdivision 5, is open to the public subject to the provisions of this part and part 6136.0550.
Subp. 2. Environmental protection.
It is unlawful for any person to destroy, injure, damage, molest, or remove any natural resources within scientific and natural areas, including but not limited to, trees; vegetation; ruins; relics; birds, fish, or other animals; or geological formations, except as provided by a permit or designation order in part 6136.0550, subpart 5 or 6.
It is unlawful for any person, excepting state agents acting in their official capacity, to destroy, damage, deface, or remove any public property or private property belonging to another, including but not limited to, signs and research, testing, or monitoring equipment, within scientific and natural areas.
History
- Statutory Authority: MS s 84.03
- History: 32 SR 724
Minn. R. 6136.0500 [Repealed, 32 SR 724]
[Repealed, 32 SR 724]
Minn. R. 6136.0550 Restricted Uses and Acts
Subpart 1. General restrictions.
The following activities are prohibited in scientific and natural areas unless specifically authorized by written permit under subpart 5 or commissioner's designation order under subpart 6:
A. camping and picnicking;
B. burning of any kind;
C. disposal of garbage, refuse, sewage, or trash;
D. swimming, boating, or use of any type of watercraft;
E. fishing;
F. hunting, trapping, or possession of an uncased or loaded firearm, an uncased and strung bow, a trap, a slingshot, or explosives;
G. operation of a bicycle or motorized vehicle, except in designated parking areas;
H. landing aircraft;
I. possession of horses or other pet animals or allowing entry of horses or other pet animals;
J. consumption of alcoholic beverages;
K. commercial activities, including peddling, soliciting, and advertising; and
L. private events or group activities, including orienteering, geo-caching, and athletic or social events, which are advertised or organized for purposes other than nature observation, education, or research.
Subp. 2. Abandonment.
A person may not store or abandon property in a scientific and natural area.
Subp. 3. Structures.
A person may not erect, construct, or maintain a dock, fence, stand, sign, post, blind, or other structure within a scientific and natural area, except stands as provided under subpart 4 and blinds in an authorized watercraft and except as provided by a permit issued under subpart 5.
Subp. 4. Stands.
A person may use an elevated scaffold or stand if it is removed each day at the close of shooting hours and does no damage to trees or other vegetation. A person may not use a portable stand that is nailed, spiked, or screwed into a tree or that otherwise damages the bark of a tree. A person may not use spikes, nails, steps, or other devices that are driven or screwed into trees.
Subp. 5. Permits.
A. The commissioner may issue permits to conduct an activity otherwise prohibited, provided the activity would not harm the resources of a scientific and natural area. The permit application must be submitted on a form provided by the commissioner. The commissioner shall consider the following criteria to determine if a permit should be issued:
B. The commissioner may specify conditions for permits issued under this subpart to protect scientific and natural areas and enhance knowledge of scientific and natural areas, including, but not limited to:
Subp. 6. Designation orders.
A. A designation order issued under the authority of Minnesota Statutes, section 84.033, subdivision 1; 86A.05, subdivision 5; or 86A.07, subdivision 3, must specify prohibited and allowed activities that are exceptions to this part and part 6136.0400.
B. A designation order may allow exceptions to prohibited activities to enhance public use of a scientific and natural area or surrounding areas, if the activities are compatible with the purposes for which the scientific and natural area was acquired. The following criteria shall be considered to determine if exceptions to the prohibited activities should be allowed:
C. A designation order may include restrictions in addition to those in this part and part 6136.0400 if necessary to protect the resources in a scientific and natural area. Restrictions may include, but are not limited to:
History
- Statutory Authority: MS s 84.03; 86A.06
- History: 32 SR 724
Minn. R. 6136.0600 Penalties
A person who violates part 6136.0400 or 6136.0550 is guilty of a petty misdemeanor and shall be punished by a fine of not more than $300 per violation.
History
- Statutory Authority: MS s 84.03
- History: 32 SR 724
Minn. R. 6136.0700 Priorities for Acquisition and Improvement of Critical Natural Habitat
Subpart 1. Specific criteria for selecting critical natural habitat.
As provided by Minnesota Statutes, section 84.944, the commissioner must consider the following specific criteria in assessing the value of a proposed critical natural habitat project:
A. the occurrence of one or more of the state's various rare natural resources including plants, animals, and undisturbed natural ecological communities as identified by the department's Natural Heritage Program;
B. the existing and potential value of the project to provide vital habitat for fish and wildlife, especially for species identified for special management consideration;
C. the threat of habitat destruction if the project is not carried out;
D. the surrounding land uses in terms of the amount and type of similar habitat and the projected loss of habitat in the area;
E. the location of the project within or adjacent to an existing management unit, including accessibility and relationship to other existing state lands or waters;
F. the integrity of the land or water parcel and the long-term viability of the project;
G. the recreational potential of the parcel including present and future demand and the opportunities to meet this demand in the surrounding area; and
H. the projected acquisition or management costs and potential future management problems.
Subp. 2. Prioritization of proposed projects.
Proposed projects that meet one or more of the specific criteria in this part will be ranked by the commissioner in accordance with the following priorities, listed in order of decreasing importance:
A. the potential contribution to the maintenance or enhancement of populations of native plant, fish, and wildlife species listed as endangered or threatened in chapter 6134;
B. the potential contribution to the protection or enhancement of native ecological communities that are now uncommon or diminishing;
C. the benefits provided to existing or potential habitat for fish and wildlife populations; or
D. the enhancement of fish and wildlife oriented recreation.
History
- Statutory Authority: MS s 84.944
- History: 18 SR 83
Minn. R. 6136.0800 Possession, Moving, or Disturbing Stromatolites
Permits for the possession, moving, or disturbing of stromatolites on the bed of or in any of the waters of the state may be issued by the commissioner for bona fide scientific, research, or educational purposes upon written application by qualified persons, as determined by the commissioner, or institutions. These permits shall contain conditions limiting the number of stromatolites which may be possessed, and are subject to cancellation at any time upon written notice provided to the permittee.
History
- Statutory Authority: MS s 84.1525
- History: 18 SR 83
Minn. R. 6136.0900 Native Prairie Bank Eligibility Requirements
The commissioner shall consider the following criteria to determine if a tract of land is eligible for inclusion in the native prairie bank:
A. presence of native prairie habitat that has a diversity of native plant and wildlife species;
B. known occurrence of or suitable habitat for rare species; and
C. the tract is near other public land or part of a larger native prairie complex.
History
- Statutory Authority: MS s 84.96
- History: 32 SR 724
Chapter 6140 BOUNDARY WATERS CANOE AREA
Minn. R. 6140.0100 Purpose and Scope
The purpose of this chapter is to regulate use so as to maintain the primitive wilderness character of the area, particularly the lakes and streams and the lands in the vicinity of the lakes, streams, and portages in a manner which takes into account state laws and administrative and judicial actions and the federal regulation, Code of Federal Regulations, title 36, section 251.85, dated December 15, 1965, and accompanying administrative guides of the Chief of the Forest Service, governing the federal land in the area. The lands and rights owned on the effective date of these parts or thereafter acquired by the state of Minnesota and administered by the commissioner of Natural Resources and the waters of the state within, or substantially within, the Boundary Waters Canoe Area (BWCA) in the Superior National Forest, Minnesota, as formerly designated under REG U-3 Code of Federal Regulations, title 36, section 251.22, and incorporated into the National Wilderness Preservation System under the Wilderness Act of September 3, 1964, shall be administered in accordance with this chapter. (See Appendix A, part 6140.1500, Map of the Boundary Waters Canoe Area for the boundaries of the BWCA, the "portal" zone, the "no cut" zone, and motorized routes.)
History
- Statutory Authority: MS s 84.027; 84.03; 105.39
Minn. R. 6140.0200 Campsites
Subpart 1. Maintenance of site.
Every person camping on state land shall maintain the site in a clean fashion. Human waste facilities shall be used when provided. If none is provided, campers and other users shall relieve themselves at least 100 feet from the shore. Disposal of human wastes in or on public waters of the state is prohibited at all times of the year. Upon vacating the site, each camper shall restore the site as nearly as possible to its natural condition.
Subp. 2. Cutting live trees prohibited.
No new campsite shall be established, other than by the Department of Natural Resources, by cutting live trees.
History
- Statutory Authority: MS s 84.027; 84.03; 105.39
Minn. R. 6140.0300 Nonburnable Food or Beverage Containers
Subpart 1. Prohibition.
No person traveling over or using state lands or waters within the BWCA shall have in possession any nonburnable food or beverage containers which are not designed and intended for reuse or which have little or no commodity value for reuse, including containers on which deposits are commonly charged by vendors.
Subp. 2. Reserved rights holders' exceptions.
These prohibitions shall not apply until January 1, 1976, to a holder of rights reserved by a grantor in a conveyance to the United States to occupy and use the surface only of a tract of land for residential, scientific, educational, or other noncommercial purposes, while the holder of these rights or the holder's agent is traveling to or from such a tract over state lands or waters on a route previously approved in writing by the commissioner.
Subp. 3. Commissioner's approval after 1975.
On and after January 1, 1976, and until January 1, 1986, the prohibitions contained in this part shall not apply to a holder of such rights who has obtained this written approval from the commissioner previous to January 1, 1976, unless the commissioner terminates the previous approval after making written findings that damage to the primitive wilderness character of the BWCA is greater than any benefits which may result from the authorization previously granted.
Subp. 4. Procedure for revocation of holder's approval.
Before making any such written findings, the commissioner shall give at least 30 days' written notice of intended action to the holder.
Subp. 5. Canadian cabin owner's exception.
The prohibitions contained in this part also shall not apply to an owner or lessee of a noncommercial residential dwelling in Canada while traveling to or from the dwelling site across state lands and waters on a route previously approved in writing by the commissioner. The commissioner's approval shall be limited to foods and beverages for the owner's or lessee's own consumption. The commissioner may terminate the previous approval after making written findings that damage to the primitive wilderness character of the BWCA is greater than any benefits which may result from the authorization previously granted or for other good cause.
Subp. 6. Procedure for revocation of cabin owner's approval.
Before making any such written findings, the commissioner shall give at least 30 days' written notice of intended action to the owner or lessee.
Subp. 7. Lessees on state portages.
The prohibitions contained in this part also shall not apply to a lessee of the state who operates a mechanical portage on state land at the Loon River or Beatty portages while the lessee is on the leased state land and while traveling to and from the leased state land across state lands or waters on a route previously approved in writing by the commissioner. The commissioner's written approval shall terminate with the termination of the lease, unless previously terminated in writing by the commissioner, and shall be limited to foods and beverages for the lessee's own consumption.
Subp. 8. Nonprohibited containers.
Except as previously prohibited by this part, food and beverage containers specifically designed and intended for reuse are allowable. All containers, food, equipment, and other objects brought into the BWCA shall be packed out if not completely burned unless the objects are retained on lands of a holder of reserved rights or a lessee of the state by the holder or lessee. No containers, food, equipment, or other objects of any kind shall be deposited on or buried in state lands or waters in the BWCA except as may be authorized to be buried on state land by a lessee of the state. Every person camping in the BWCA shall be responsible for any such trash or litter deposited on or buried at the campsite whether or not by that person.
The commissioner of natural resources shall cooperate fully with federal authorities and private parties in providing suitable trash and refuse collection facilities at major entrance and exit points to and from the BWCA.
History
- Statutory Authority: MS s 84.027; 84.03; 105.39
- History: 17 SR 1279
Minn. R. 6140.0400 Closing of Sites
Campsites may be closed to all use and so posted when necessary for site restoration or other reasons. Campsites may be closed to overnight use but remain open for daytime use and so posted. Such postings shall be honored.
History
- Statutory Authority: MS s 84.027; 84.03; 105.39
Minn. R. 6140.0500 Fires
Where fireplaces are provided fires shall be made in them only. In all other cases, fires shall be made on a place containing a maximum amount of inorganic matter, such as rock, sand or gravel. All fires left unattended must be thoroughly extinguished, preferably with water. No living trees or branches shall be cut for firewood. Dead branches removed from living trees must be cut close to the trunk of the tree.
History
- Statutory Authority: MS s 84.027; 84.03; 105.39
Minn. R. 6140.0600 Penalties
In addition to penalties otherwise provided, any person whose campsite is found to contain physical evidence that parts 6140.0200 to 6140.0400 have been violated or is found violating parts 6140.0200 to 6140.0400, may be denied continued use and enjoyment of the BWCA. Such person may be ordered to return on the person's own power to the person's point of entry by the most direct route and within a specified time, and shall be denied use of the BWCA for 30 days thereafter. Failure to present a copy of the order to leave the BWCA to a Department of Natural Resources Officer in Ely or Grand Marais within 24 hours of the time specified shall constitute a separate offense.
History
- Statutory Authority: MS s 84.027; 84.03; 105.39
- History: 17 SR 1279
Minn. R. 6140.0700 Permanent Camps or Structures
No permanent or semipermanent camps or structures may be erected on state land or water except as necessary for law enforcement and administration of natural resources in the area, except in the portal zone established by Code of Federal Regulations, title 36, section 251.85, clause (a)(2) dated December 15, 1965, for harvest and removal of forest products, and except for fish houses, but in no case shall fish houses be allowed after February 28, 1973. (See Appendix A, part 6140.1500, Map of the BWCA.) Each camp shall be provided by or for specific users and shall not be maintained for successive use by a series of campers. All equipment and camping gear must be removed from the BWCA at the end of each current visit.
History
- Statutory Authority: MS s 84.027; 84.03; 105.39
Minn. R. 6140.0800 Roads, Vehicles, and Equipment
Subpart 1. Prohibition.
All roads and all forms of mechanical transport including but not limited to motors, snowmobiles, and all-terrain vehicles and all mechanized equipment are prohibited except as provided in this part and except as provided by Code of Federal Regulations, title 36, section 251.85, dated December 15, 1965, and accompanying administrative guides. Any such transport or equipment found unattended on state land or water shall be removed at the owner's expense. If not claimed and payment of expenses offered within a reasonable time, it shall be disposed of under state laws governing abandoned property.
Subp. 2. Motorized watercraft allowed.
Watercraft equipped with motors capable of propelling the watercraft, and motor driven ice and snow craft are permitted over the following designated routes, which are the same as provided in Code of Federal Regulations, title 36, section 251.85(b)(4)(a) and (b)(7)(a):
A. international boundary route, including the portages commonly used in traversing the international boundary as provided for in the Webster-Ashburton Treaty;
B. Sioux River Route to Loon Lake by way of Little Indian Sioux River, and the Pauness Lakes;
C. Moose River Route to Lac La Croix by way of Moose River, Nina Moose Lake, Lake Agnes, and the Boulder River;
D. Trout Lake Route by way of Trout Lake and Oriniack Lake, including the Pine Lake Loop;
E. Pipestone Bay Route to Basswood Lake by way of Newton Lake;
F. Four Mile Portage Route to Basswood Lake, including Mud Lake and Ella Hall Lake;
G. Wind Lake Route to Basswood Lake by way of Wind Lake and Wind Bay;
H. Ensign Lake Route to Thomas Lake by way of Newfound Lake, Ensign Lake, Ashigan Lake, Gibson Lake, Cattyman Lake, Jordan Lake, Ima Lake and Hatchet Lake, including branch routes by way of Vera Lake to Knife Lake and from Snowbank Lake to Cattyman Lake by way of Parent Lake and Disappointment Lake;
I. Lake Insula Route to Thomas Lake by way of Lakes One, Two, Three, and Four, Hudson Lake, Lake Insula, and Kiana Lake, including the route to Alice Lake from Lake Insula by way of the Kawishiwi River;
J. South Kawishiwi River Route from Birch Lake to the Kawishiwi River, with connecting link by way of Clear Lake;
K. Bald Eagle Route from South Kawishiwi River by way of Gabbro Lake to Bald Eagle Lake;
L. Smoke Lake Route from Sawbill Lake by way of Smoke Lake, Flame Lake, Burnt Lake, Kelly Lake, Peterson Lake, and Baker Lake;
M. Cherokee Route from Sawbill Lake to Brule Lake by way of Ada Creek, Ada Lake, Cherokee Lake, North Temperance Lake and South Temperance Lake;
N. Brule Lake Route from Peterson Lake to Poplar Lake by way of Kelly Lake, Jack Lake, Weird Lake, South Temperance Lake, Brule Lake, the Cone Lakes, Cliff Lake, Wanihigan Lake, Winchell Lake, Gaskin Lake, Horseshoe Lake, Caribou Lake, and Lizz Lake;
O. Tuscarora Lake Route from Round Lake to Tuscarora Lake by way of Missing Link Lake, or direct;
P. Red Rock Lake Route from Sea Gull Lake to Saganaga Lake by way of the Alpine Lake and Red Rock Lake;
Q. Clearwater Lake -- Mountain Lake Route;
R. East Bearskin -- Pine Lake Route by way of Alder Lake and Canoe Lake; and
S. Hog Creek Route to Perent Lake.
Subp. 3. Ice and snow craft.
In addition, motor driven ice and snow craft only are permitted over the following designated routes, which are the same as those provided in Code of Federal Regulations, title 36, section 251.85(b)(7)(a):
A. Crane Lake, Little Vermillion Lake Winter Portage; and
B. Saganaga Lake Winter Portage in Sections 18-19, T. 66 N., R. 4 W. Use of ice and snow craft is authorized only during the period November 1 to April 15, and when the ground is covered with snow.
History
- Statutory Authority: MS s 84.027; 84.03; 105.39
Minn. R. 6140.0900 Storage and Transportation of Boats and Motors
Subpart 1. Prohibition.
No motor or other mechanical device capable of propelling a watercraft through water, boat, or other watercraft, equipment, or dock may be transported over or stored on or moored to state land administered by the commissioner and left unattended except on routes designated in part 6140.0800, and then only during the course of a current visit.
Subp. 2. Permits.
Boats and motors may be stored on sites approved by the commissioner pursuant to permits issued by the commissioner to persons who before the effective date of these parts, have stored boats on state water or lands administered by the commissioner in connection with commercial services. All such permits shall terminate no later than November 15, 1973, shall not be assigned without the consent of the commissioner, and shall be nonrenewable. The terms of such permits shall be established by the commissioner in a way to maximize the maintenance of the primitive wilderness character of the area. Each permit shall be numbered, which number shall be affixed in the same general place as the boat registration number, shall be for the storage of one boat and motor, if any, and shall authorize use of that boat and motor, if any, on the body of water adjoining the storage area, and any motor route adjoining the storage area. Each permit shall specify the precise location within which each boat and motor, if any, may be stored and used. The quantity of such permits shall be limited to the number of applications made, but in no case shall exceed 50. Each application for a permit shall be accompanied by a sworn affidavit that the specific boat for which a permit is sought has been stored on or near the body of water adjoining the permit location requested. If more than 50 applications are submitted, the commissioner shall encourage joint use applications. The commissioner may charge a reasonable fee for the permit and may provide for permit termination for violation of the permit terms, particularly boat use location. Canoes and camping equipment may be stored at the head of an overland trail during the course of a current visit provided the material is stored out of sight from the waterway.
History
- Statutory Authority: MS s 84.027; 84.03; 105.39
Minn. R. 6140.1000 Overland Trails
Backpacking is deemed a use compatible with the wilderness management of the BWCA which may alleviate crowding along the waterways and which will encourage enjoyment of inland wilderness and lakes. The commissioner of natural resources may designate and improve a trails system. The commissioner shall solicit the United States Forest Service to enter into a joint management program for trails on state and federal lands as soon as practicable.
History
- Statutory Authority: MS s 84.027; 84.03; 105.39
- History: 17 SR 1279
Minn. R. 6140.1100 Use of Waters of the State
Subpart 1. Lakes allowing motors.
All limitations on use, transportation, and storage of equipment on state lands in parts 6140.0800 and 6140.0900 also apply to waters of the state during all seasons of the year except that motors may be used on the following lakes which are only partially within the BWCA:
A. those lakes listed in part 6140.0800, subpart 1, which are partially within the BWCA; and
B. Fourtown Lake, T. 65 N., R. 11 W.;
C. Wood Lake, T. 64 N., R. 10 W.;
D. Southfarm Lake, T. 63 N., R. 11 W.;
E. Isabella Lake, T. 62 N., R. 8 W.;
F. Moose Lake, T. 64 N., R. 9 W.;
G. Fall Lake, T. 63 N., R. 11 W.;
H. Homer Lake, T. 63 N., R. 3 W.;
I. East Pike Lake, T. 65 N., R. 3 E.;
J. Tin Can Mike Lake, T. 64 N., R. 11 W.;
K. Ball Club Lake, T. 63 N., R. 1 W.;
L. Tucker Lake, T. 63 N., R. 3 W.; and
M. Big Moose Lake, T. 64 N., R. 14 W.
Subp. 2. Staking, anchoring, and storing watercraft.
No watercraft may be staked, anchored, or stored on or in waters of the state otherwise than as authorized by this chapter.
Subp. 3. Amphibious craft.
No amphibious craft of any type and no watercraft designed for, or used as floating living quarters shall be moored to, used on, or transported over waters of the state governed by this chapter.
History
- Statutory Authority: MS s 84.027; 84.03; 105.39
Minn. R. 6140.1200 Agreements with Federal Government
Subpart 1. Joint agreements.
The commissioner shall enter into and execute joint agreements with the federal government for purposes of optimum management and enforcement in the BWCA. The commissioner shall designate a department employee who shall maintain a working liaison with the appropriate federal officials, particularly the Regional Forester, Duluth, and his or her office.
Subp. 2. Hunting program.
In the event the legislature authorizes the establishment of a special voyageur hunting program in the area, or parts thereof, this chapter shall not be construed to bar it provided the program is consistent with the purposes of this chapter and the authorities on which it is founded.
History
- Statutory Authority: MS s 84.027; 84.03; 105.39
- History: 17 SR 1279
Minn. R. 6140.1300 Severability
The provisions of these rules shall be severable, and the invalidity of any paragraph, subparagraph, or subdivision thereof shall not make void any other paragraph, subparagraph, subdivision, or any other part.
History
- Statutory Authority: MS s 84.027; 84.03; 105.39
Minn. R. 6140.1400 Effective Dates
This chapter shall be in full force and effect on February 1, 1971, except that those provisions relating to the storage of boats, motors, and equipment shall not be in full force and effect until May 15, 1971, and except that those provisions relating to the possession, use, and disposal of nonburnable food and beverage containers shall not be in full force and effect until May 1, 1971.
History
- Statutory Authority: MS s 84.027; 84.03; 105.39
Minn. R. 6140.1500 Boundary Waters Canoe Area
Subpart 1. Boundary Waters Canoe Area guide.
Subp. 2. Index to map.
Subp. 3. Section A.
Subp. 4. Section B.
Subp. 5. Section C.
Subp. 6. Section D.
Subp. 7. Section E.
Subp. 8. Section F.
Subp. 9. Section G.
History
- Statutory Authority: MS s 84.027; 84.03; 105.39
Chapter 6200 GAME AND FISH GENERAL PROVISIONS
Minn. R. 6200.0100 Definitions
Subpart 1. Terms.
The terms used in chapters 6200 to 6284 have the meanings given them in this part. The definitions in Minnesota Statutes, chapters 97A, 97B, and 97C apply, except as otherwise provided.
Subp. 2. Commissioner.
"Commissioner" means the commissioner of the Department of Natural Resources or a designated employee.
Subp. 3. County auditor.
"County auditor" means the business office of the elected county auditor or, if the county does not have such an elected office, the business office appointed by the county for such purposes.
Subp. 4. Department.
"Department" means the Minnesota Department of Natural Resources.
Subp. 5. Director.
"Director" means the director of the department's Division of Fish and Wildlife or a designated employee.
Subp. 6. Division of Enforcement.
"Division of Enforcement" means the department's Division of Enforcement, located at 500 Lafayette Road, Saint Paul, MN 55155-4047.
Subp. 7. License bureau.
"License bureau" means the department's license bureau, located at 500 Lafayette Road, Saint Paul, MN 55155-4026.
History
- Statutory Authority: MS s 14.06
- History: 18 SR 83
Minn. R. 6200.0200 Game and Fish General Provisions
Subpart 1. Scope.
The language contained in chapters 6200 to 6284 are subject to the provisions defined in this part.
Subp. 2. Dates are inclusive.
Dates for specified time periods are inclusive, unless otherwise specified.
Subp. 3. Highway identification.
A highway identification refers to the status of the highway as marked on signs placed by the Minnesota Department of Transportation.
Subp. 4. Application deadline.
When an application deadline is specified, applications that are mailed must be postmarked on or before the deadline date. Applications that are delivered must be delivered no later than 4:30 p.m. on the day of the deadline.
Subp. 5. Shooting hours.
Shooting hours, for purposes of Minnesota Statutes, section 97B.075, are from one-half hour before sunrise to sunset each day, unless otherwise specified.
Subp. 6. Incomplete or improperly completed applications; correction of agent errors.
A. Incomplete or improperly completed applications for licenses or permits may be rejected by the commissioner.
B. To correct for an error made by the department or a department agent in processing an application, the commissioner may:
Subp. 7. Returned checks and refunds.
A check that is returned to the department for nonpayment invalidates the application and the check will be destroyed. Refunds of application fees are not made for any reason.
Subp. 8. Application for commercial licenses.
Applications for all commercial licenses can be obtained from the License Bureau.
Subp. 9. Documentation to demonstrate lawful possession from non-state jurisdiction.
The following documentation will provide evidence of lawful possession of a wild animal or fish from a non-state jurisdiction:
A. for wild animals or fish acquired in another state, province, or country, the appropriate license along with any required seals or tags for wild animals, or documentation showing the person is exempt from licensing; or
B. if a member of an Indian band, a band membership card with a picture of the band member, and:
History
- Statutory Authority: MS s 14.06; 97A.255; 97A.485; 97B.075
- History: 18 SR 83; 19 SR 2222; 30 SR 613
Chapter 6210 WILDLIFE MANAGEMENT; CRITICAL HABITAT; STROMATOLITES
Minn. R. 6210.0100 [Renumbered 6230.0250]
[Renumbered 6230.0250]
Minn. R. 6210.0200 [Renumbered 6230.0260]
[Renumbered 6230.0260]
Minn. R. 6210.0300 [Renumbered 6230.0270]
[Renumbered 6230.0270]
Minn. R. 6210.0400 [Renumbered 6136.0700]
[Renumbered 6136.0700]
Minn. R. 6210.0500 [Renumbered 6136.0800]
[Renumbered 6136.0800]
Chapter 6212 LICENSES AND PERMITS
Minn. R. 6212.0100 [Repealed, 39 SR 822]
[Repealed, 39 SR 822]
Minn. R. 6212.0200 [Repealed, 39 SR 822]
[Repealed, 39 SR 822]
Minn. R. 6212.0300 [Repealed, 39 SR 822]
[Repealed, 39 SR 822]
Minn. R. 6212.0400 [Repealed, 39 SR 822]
[Repealed, 39 SR 822]
Minn. R. 6212.0500 [Repealed, 39 SR 822]
[Repealed, 39 SR 822]
Minn. R. 6212.0600 [Repealed, 39 SR 822]
[Repealed, 39 SR 822]
Minn. R. 6212.0700 [Repealed, 39 SR 822]
[Repealed, 39 SR 822]
Minn. R. 6212.0800 [Repealed, 39 SR 822]
[Repealed, 39 SR 822]
Minn. R. 6212.0900 [Repealed, 39 SR 822]
[Repealed, 39 SR 822]
Minn. R. 6212.1000 [Repealed, 39 SR 822]
[Repealed, 39 SR 822]
Minn. R. 6212.1100 [Repealed, 39 SR 822]
[Repealed, 39 SR 822]
Minn. R. 6212.1200 [Repealed, 39 SR 822]
[Repealed, 39 SR 822]
Minn. R. 6212.1300 [Repealed, 39 SR 822]
[Repealed, 39 SR 822]
Minn. R. 6212.1400 General Restrictions for Possession Permits
Subpart 1. Permit requirements.
Permits for the taking, transportation, disposal, or possession of protected wild animals, whether dead or alive, or their parts, nests, or eggs will be issued as provided by this part. Applications for permits from individuals or institutions must be made in writing and must be submitted as specified. The commissioner will determine whether the applicant meets the criteria for issuance of the permit.
Subp. 2. Issuing permits.
A. Permits may be issued upon written application made by individuals or institutions currently conducting propagation, research, scientific programs, or educational programs in the fields of biology or natural history.
B. Permits may be issued upon written application made by media outlets to enable them to conduct educational programs and to promote outdoor recreation and programs in the fields of biology or natural history.
C. Individuals, media outlets, or institutions must have appropriate and adequate facilities for the care, exhibition, or storage of the specimens sought to be taken, acquired, or possessed.
D. A permit may not be issued unless the commissioner has first determined that the permitted act will not be detrimental to the species or cause harm to natural resources. Conditions for permits may be specified to protect species and enhance knowledge of the species including:
E. The following criteria shall be considered when making a decision on issuing conditions for a permit:
Subp. 3. Permits for taking.
Permits for the taking of protected wild animals or their parts may be issued only to named individuals. Permits for taking are valid only for the named permittees and are not transferable. Permits solely for possession, transportation, propagation, or disposal may be issued in the name of an institution or individual.
Subp. 4. Sale or transfer of specimens.
Specimens held under permit may not be sold or otherwise transferred from the custody of the permittee without the prior written approval of the commissioner, unless otherwise provided in the permit.
Subp. 5. Offspring.
Offspring of any specimen possessed under a permit will be subject to this part and to all the terms and conditions set forth in the permit.
Subp. 6. Reports.
Before January 31 of each year, each permittee who has taken a protected wild animal, or parts during the preceding calendar year must file a report with the commissioner describing the specimens taken and their current disposition. Specimens consumed by use or otherwise destroyed must be so noted. Permittees must submit additional reports as may be required by the permit. A permit will not be renewed unless all required reports have been submitted.
Subp. 7. Possession of permit.
Individual permittees must have their permit available for inspection by the commissioner while doing an act authorized by the permit. Permits issued in the names of institutions must be available for inspection during regular business hours.
Subp. 8. Expiration, cancellation, and revocation of collector permits.
A. All permits issued as provided by this part expire on December 31 of the year of issuance, unless otherwise specified in the permit, and may be renewed.
B. All permits issued as provided by this part are subject to immediate cancellation by the commissioner upon determination that such cancellation is necessary for the conservation of the natural resources of this state, for the welfare of particular specimens, or is in the public interest.
C. Violation of any of the provisions of this part or the terms of any permit issued under those parts may result in immediate revocation of the permit, and may subject the permittee to other penalties established by law.
Subp. 9. Permits for pets.
Permits are not issued for the taking or possession of protected wild animals as pets, except for raptors as provided by chapter 6238.
History
- Statutory Authority: MS s 84D.05; 84D.09; 84D.10; 84D.11; 84D.13; 86B.121; 97A.031; 97A.045; 97A.401; 97A.418; 97A.505; 97A.510; 97A.551; 97C.001; 97C.005; 97C.085; 97C.205; 97C.315; 97C.325; 97C.345; 97C.401
- History: 18 SR 83; 36 SR 435
Minn. R. 6212.1500 [Repealed, 36 SR 435]
[Repealed, 36 SR 435]
Minn. R. 6212.1600 [Repealed, 20 SR 2291(NO. 43)]
[Repealed, 20 SR 2291(NO. 43)]
Minn. R. 6212.1700 [Repealed, 36 SR 435]
[Repealed, 36 SR 435]
Minn. R. 6212.1750 Permits for Use of Contraceptive Chemicals
Subpart 1. Contraceptive chemicals defined.
"Contraceptive chemicals" are any drugs, vaccines, steroids, or other chemicals that, when administered to individual wild animals within a target species' population, produce a state of infertility or prevent the production of progeny, either temporarily or permanently.
Subp. 2. Application requirements.
Permits may be issued by the commissioner for the administration of contraceptive chemicals to noncaptive wild animals under the conditions in items A and B.
A. Permits may only be issued to federal, state, or local government agencies, universities or colleges, or their agents.
B. A written request for the permit must be submitted prior to the planned application of the contraceptive chemical treatment. The request must be accompanied by a proposed management plan or research proposal that:
Subp. 3. Chemicals.
Contraceptive chemicals used must have all required federal and state licensing, registration, or approvals for use on each noncaptive wild animal species for each site requested.
Subp. 4. Permit conditions.
Authorized contraceptive chemicals, treatment methods, application devices and equipment, individual animal and population monitoring requirements, reporting requirements, and other applicable restrictions must be specified as conditions of the permit.
History
- Statutory Authority: MS s 97A.501
- History: 19 SR 2222
Minn. R. 6212.1800 General Restrictions for Permits to Possess Threatened and Endangered Species
Subpart 1. Permit requirements.
A person may not take, import, transport, purchase, sell, dispose, or possess a threatened or endangered species of plant or animal without a permit from the commissioner. Permits for the taking, importation, transportation, purchase, sale, disposal, or possession of threatened or endangered species of plants or animals, whether dead or alive, or their parts, nests, or eggs will be issued as provided by parts 6212.1800 to 6212.2300 and 6242.1200. Applications for permits from individuals or institutions must be made in writing and must be submitted as specified. The commissioner will determine whether the applicant meets the criteria for issuance of the permit.
Subp. 2. Issuing permits.
Permits may be issued only upon written application made by individuals or institutions currently conducting research or educational programs in the fields of biology or natural history, and that have appropriate and adequate facilities for the care, exhibition, or storage of the specimens sought to be taken, acquired, or possessed. A permit may not be issued unless the commissioner has first determined that the permitted act will not be detrimental to the species.
Subp. 3. Permits for taking.
Permits for the taking of endangered or threatened species or their parts may be issued only to named individuals. Permits for taking are valid only for the named permittees and are not transferable. Permits solely for possession, importation, transportation, propagation, sale, or disposal may be issued in the name of an institution or individual.
Subp. 4. Sale or transfer of specimens.
Specimens held under permit may not be sold or otherwise transferred from the custody of the permittee without the prior written approval of the commissioner, unless otherwise provided in the permit.
Subp. 5. Offspring.
Offspring of any specimen possessed under a permit will be subject to parts 6212.1800 to 6212.2300 and to all the terms and conditions set forth in the permit.
Subp. 6. Reports.
Before January 31 of each year, each permittee who has taken any endangered or threatened species or parts during the preceding calendar year must file a report with the commissioner describing the specimens taken and their current disposition. Specimens consumed by use or otherwise destroyed must be so noted. Permittees must submit additional reports as may be required by the permit. A permit will not be renewed unless all required reports have been submitted.
Subp. 7. Possession of permit.
Individual permittees must have their permit available for inspection by the commissioner while doing any act authorized by the permit. Permits issued in the names of institutions must be available for inspection during regular business hours.
Subp. 8. Expiration, cancellation, and revocation of threatened and endangered permits.
A. All permits issued as provided by parts 6212.1800 to 6212.2300 expire on December 31 of the year of issuance, unless otherwise specified in the permit, and may be renewed.
B. All permits issued as provided by parts 6212.1800 to 6212.2300 are subject to immediate cancellation by the commissioner upon determination that such cancellation is necessary for the conservation of the natural resources of this state, for the welfare of particular specimens, or is in the public interest.
C. Violation of any of the provisions of parts 6212.1800 to 6212.2300 or the terms of any permit issued under those parts may result in immediate revocation of the permit, and may subject the permittee to other penalties established by law.
History
- Statutory Authority: MS s 84.0895
- History: 18 SR 83; 19 SR 2222
Minn. R. 6212.1900 [Repealed, 20 SR 2291(NO. 43)]
[Repealed, 20 SR 2291(NO. 43)]
Minn. R. 6212.2000 Permits for Previously Acquired Specimens
Permits for specimens of endangered or threatened species, including parts, may be issued to persons who have lawfully acquired such specimens under the following conditions:
A. before May 30, 1985; or
B. before they were listed as endangered or threatened. These permits may be issued upon the applicant's submission of proof of having lawfully acquired the specimens before such date or before listing occurred.
History
- Statutory Authority: MS s 84.0895
- History: 18 SR 83
Minn. R. 6212.2100 Other Permits
Permits for the taking, possession, importation, transportation, purchase, sale, or disposal of endangered or threatened species of animals, plants, or insects may be issued on prescribed conditions when the commissioner has determined that:
A. the permitted act enhances the propagation or survival of the affected species;
B. the permitted act prevents injury to persons or property, including livestock, provided that a specimen causing this injury may be killed only after all other alternatives have been evaluated and rejected; or
C. the social and economic benefits of the permitted act outweigh the harm caused by it, provided that the killing of a specimen for these purposes will be permitted only after all other alternatives have been evaluated and rejected.
History
- Statutory Authority: MS s 84.0895
- History: 18 SR 83
Minn. R. 6212.2200 Processed Specimens of Endangered or Threatened Species
The tanned, mounted, or processed furs, skins, feathers, or other parts of endangered or threatened species, including such parts that have been incorporated into manufactured goods, may be possessed, imported, transported, purchased, sold, or otherwise disposed of without a permit, provided the specimens were in a tanned or processed condition and lawfully acquired under the following conditions:
A. before May 30, 1985;
B. before they were listed as endangered or threatened; or
C. before they were brought into Minnesota.
History
- Statutory Authority: MS s 84.0895
- History: 18 SR 83
Minn. R. 6212.2300 Emergency Taking
Within 48 hours after the taking of a threatened or endangered animal that has threatened human life, the entire carcass, including the hide, must be surrendered to the commissioner.
History
- Statutory Authority: MS s 84.0895
- History: 18 SR 83
Minn. R. 6212.2400 Permit Requirements for Fishing Contests
Subpart 1. Fishing contest permits.
Issuance of permits for fishing contests is provided for by Minnesota Statutes, section 97C.081. Permits may also be required, as provided by Minnesota Statutes, section 86B.121, by the sheriff of the county in which the contest is held. Application to obtain a permit must be made a minimum of 14 days prior to the contest on forms provided by the commissioner. Application information includes name of contest, name and address of permittee, name of sponsor, name and location of contest waters, public accesses to be used with a parking plan as provided in part 6212.2700, fish species included in the contest, weigh-in stations, fish handling and release procedures, disposition of harvested fish, estimated number of participants, contest dates and hours, entry fee, and prize values. Contest rules must be attached to the application. Application forms may be obtained from department fisheries offices or the department website. Completed applications must be submitted to the department regional office responsible for the management of the contest waters or the department's Saint Paul office if the contest includes waters in more than one region.
Subp. 2. Permittee requirements.
The contest permittee must be an individual and a resident of the state. The permittee is responsible for conducting the contest and may not delegate responsibility to another party.
History
- Statutory Authority: MS s 84.0895; 97C.081
- History: 18 SR 83; 37 SR 1207
Minn. R. 6212.2500 [Repealed, 37 SR 1207]
[Repealed, 37 SR 1207]
Minn. R. 6212.2525 Permitted Fishing Contests
Subpart 1. Limitation on number of boats.
Contest participation is limited to not more than one boat for each ten acres of contest water.
Subp. 2. Equipment requirements.
The following boat live-well and fish-holding equipment requirements are mandatory for all live-release contests to minimize negative impacts to fish:
A. must have functional water pump or circulation system; and
B. must be sufficiently sized to handle the anticipated number of fish allowed in the event.
Subp. 3. Contest denials.
The commissioner shall not issue fishing contest permits for:
A. tagging or marking fish for special contest rewards;
B. contests that promote or allow fizzing (the act of inserting a needle into a fish's gas bladder);
C. contests where boat take-off procedures result in unsafe boating;
D. contests on waters where the commissioner determines the activity may compromise the fish management or research data being collected; or
E. contests on opening days, holidays, and other high-use periods that the commissioner determines result in unacceptable safety risks.
Subp. 4. Permit conditions.
A. When necessary to protect fish and fish habitat, restrict activities during high-use periods, restrict activities that affect research or management work, restrict the number of boats, ensure the safety of contest participants, or decontaminate boats participating in fishing contests on infested waters, one or more of the following conditions or restrictions shall be specified in the permit:
B. The commissioner shall consider the following criteria when determining conditions to be included in the permit:
Subp. 5. Restrictions on off-site weigh-ins.
The commissioner shall not issue fishing contest permits to conduct an off-site weigh-in if the contest organizer cannot prevent the transport of invasive species or pathogens from activities associated with the contest. To prevent the transport of invasive species or pathogens associated with conducting the contest, the permit shall require, at a minimum, draining and refilling water holding equipment with groundwater or treated water, as specified by the commissioner:
A. at the access site before leaving to go to another water body;
B. at the access site before going to the weigh-in location; and
C. at the weigh-in location.
Subp. 6. Restrictions on live release weigh-ins.
A. Except for weigh-ins when fish are immediately released, as defined in Minnesota Statutes, section 97A.015, subdivision 26c, at the location where caught, the commissioner shall not issue fishing contest permits for live release weigh-ins:
B. The commissioner shall not issue fishing contest permits to release fish alive after an off-site weigh-in:
C. The commissioner must exempt fishing contests on the Canadian border waters and in Chisago County from the requirements described in item B, subitems (2) and (4), if the contest was operating before January 1, 2008, and the contest is:
History
- Statutory Authority: MS s 84.027; 84.0895; 97A.045; 97C.025; 97C.081; 97C.395
- History: 37 SR 1207; 49 SR 45
Minn. R. 6212.2600 Possession of Fish
Subpart 1. Possession limits.
Possession limits for contest waters apply to all contest participants at all times except that the total number of fish killed by a contest participant may not exceed one possession limit per event.
Subp. 2.
[Repealed, 28 SR 629]
Subp. 3. Authority to hold and release fish.
In contests where fish may be returned to the contest waters, the permittee may be authorized to hold healthy fish and release them immediately following weigh-in. Suitable release sites may be specified in the permit for the purposes provided in Minnesota Statutes, section 97C.081, subdivision 4. The commissioner shall consider the following criteria to determine when a specific release location should be included in the permit:
A. whether water or habitat quality at or near release sites would result in undue mortality of released fish;
B. whether barriers such as dams or channels exist that would limit natural fish movement or redistribution;
C. whether genetics of the contest fish are consistent with the genetics of the fish population where the contest fish are being released;
D. whether a particular release location is necessary in light of the preferred habitat and home range of the contest fish;
E. whether release of the contest fish at another location would lead to localized depletion of fish stocks from contest waters where the contest fish were caught and removed; or
F. whether release of contest fish may result in the spread of diseases or invasive species.
Subp. 4. Gifting and donating fish.
A. To prevent the waste of fish, a contest organizer may be permitted to accept from contest participants fish lawfully taken and possessed during a contest for gifting to a charitable or nonprofit organization as defined by the Internal Revenue Service or a charity that is registered with the Attorney General's Office, Charities Division, and listed on the attorney general's website. Contest organizers who want to apply for a permit to gift or donate fish must fill out the appropriate sections of the contest application.
B. A permitted contest organizer and representatives from the charitable or nonprofit organization must distribute the gifted fish at no cost or consideration.
C. The contest organizer must keep records regarding the fish donated by contestants for two years. The records must include:
D. The following information must accompany the donated fish as the fish are transferred. Each representative of a charitable or nonprofit organization in possession of the fish must keep a copy of the documentation until the fish are consumed or otherwise destroyed:
History
- Statutory Authority: MS s 84.0895; 97C.081
- History: 18 SR 83; 28 SR 629; 37 SR 1207
Minn. R. 6212.2700 Contest Operation
Subpart 1. Restriction on use of public accesses.
No contest may preempt use of a boat ramp or parking spaces at public access to contest waters. Contests shall not use more than 50 percent of the parking spaces at state-owned sites unless authorized by the permit. A contest organizer who seeks to use more than 50 percent of the parking spaces at a state-owned site must submit a plan on how to manage parking, on a parking plan form provided by the commissioner, when the organizer submits the contest application.
Subp. 2. Removing debris.
The permittee will be responsible for removal of all debris, rubbish, trash, or dead fish resulting from the contest.
Subp. 3. Inspecting for and removing invasive species.
Inspection and removal of invasive species, including, but not limited to, species such as zebra mussels or Eurasian watermilfoil, as provided by Minnesota Statutes, sections 84D.05, 84D.09, 84D.10, and 84D.13, from boats, trailers, and related equipment entering and leaving water accesses is required.
Subp. 4. Restriction on lotteries.
No contest or any drawing or raffle conducted in conjunction with the contest may constitute an illegal lottery as provided by Minnesota Statutes, section 609.75, or violate the provisions of the lawful gambling law as provided by Minnesota Statutes, sections 349.11 to 349.23.
History
- Statutory Authority: MS s 84.0895; 97C.081
- History: 18 SR 83; 37 SR 1207
Minn. R. 6212.2800 Fishing Contest Reporting Requirement
The permittee must submit a report of contest activities on forms provided by the commissioner within 30 days after completion of the contest. All information requested on the report must be provided. Failure to submit a report as required may render the permittee ineligible for future permits.
History
- Statutory Authority: MS s 97C.081
- History: 18 SR 83
Minn. R. 6212.2900 Insurance Policy Required with Release of Fish Toxicants
If the public has lawful access to a body of water to which fish toxicants will be applied, a permit for release of fish toxicants may not be issued until the commissioner has received a certificate of insurance evidencing the coverage from a company authorized to do business in this state. The certificate of insurance must show coverage for general liability for bodily injury and property damage. The amount of insurance coverage required shall be determined by the commissioner, but cannot exceed $1,000,000 per occurrence or be less than $100,000 per occurrence. The certificate of insurance must show that the policy cannot be canceled or terminated, except upon ten days' written notice to the commissioner.
History
- Statutory Authority: MS s 97C.051
- History: 19 SR 2222
Minn. R. 6212.3000 Cancellation or Termination of Fish Toxicant Permit
The commissioner may cancel or terminate a permit to release fish toxicants at any time for any violation of its provisions or of part 6212.2900.
History
- Statutory Authority: MS s 97A.418
- History: 19 SR 2222
Chapter 6213 ELECTRONIC LICENSING
Minn. R. 6213.0100 Definitions
Subpart 1. Scope.
For the purposes of parts 6213.0100 to 6213.0800, the terms used have the meanings given them in this part and Minnesota Statutes, chapters 84, 86B, 97A, 97B, and 97C.
Subp. 2. Business location.
"Business location" means the physical building where the sale of electronic licenses takes place.
Subp. 3. Commissioner.
"Commissioner" means the commissioner of natural resources.
Subp. 4. Electronic license.
"Electronic license" means an application, license, pass, permit, sticker, registration, or any other future electronic transaction relating to Department of Natural Resources licensing, issued under the electronic license system.
Subp. 5. Electronic license system.
"Electronic license system" means the Minnesota system of using point-of-sale equipment, agents, online sales, or a telephone service to collect data and to issue licenses.
Subp. 6. Off-road recreational vehicle.
"Off-road recreational vehicle" means an off-highway motorcycle, off-road vehicle, snowmobile, or all-terrain vehicle.
History
- Statutory Authority: MS s 84.027; 84.79; 84.798; 84.8205; 84.86; 84.924; 86B.211; 97A.405; 97A.485
- History: 24 SR 238; 34 SR 1205; 49 SR 1416
Minn. R. 6213.0200 Applicability of Other Rules
The provisions of chapters 6110 and 6212 regarding issuance of watercraft licenses, game and fish licenses, and cross-country ski passes do not apply to this chapter.
History
- Statutory Authority: MS s 84.027; 84.79; 84.798; 84.8205; 84.86; 84.924; 86B.211; 97A.405; 97A.485
- History: 24 SR 238
Minn. R. 6213.0300 Agent Application and Eligibility
Subpart 1. Application.
A person interested in obtaining a contract to sell electronic licenses under the electronic license system must file an application to become an agent. The commissioner may prescribe the form of the application and specify the information relevant to agent qualification required on the application. The commissioner may request further information to determine whether the applicant will serve the public convenience and promote the sale of electronic licenses.
Subp. 2. Additional business location.
An agent interested in selling electronic licenses at an additional business location not specified in the original contract must submit a separate application to authorize the sale of electronic licenses at each additional business location.
Subp. 3. Watercraft licenses and off-road vehicle registrations.
To be eligible to sell watercraft licenses or register off-road recreational vehicles, a person must be appointed as a deputy registrar of motor vehicles by the commissioner of public safety under Minnesota Statutes, section 168.33.
History
- Statutory Authority: MS s 84.027; 84.79; 84.798; 84.8205; 84.86; 84.924; 86B.211; 97A.405; 97A.485
- History: 24 SR 238
Minn. R. 6213.0310 Selecting Agents
Subpart 1. Factors to be considered.
Before appointing an agent or approving an additional business location, the commissioner shall consider the following factors:
A. the accessibility of the applicant's business location to the public;
B. the number and location of existing agents;
C. the volume of expected electronic license sales;
D. the nature and type of business engaged in by the applicant; and
E. hours of operation during the entire year. The commissioner shall contract with agents who fulfill the requirements of parts 6213.0100 to 6213.0800 and who in the commissioner's opinion will best serve the public convenience and promote the sale of electronic licenses.
Subp. 2. Number of agents.
The commissioner may appoint agents without limitation, except that the commissioner may determine that a sufficient number of agents or locations exists within a given area to adequately serve the public.
History
- Statutory Authority: MS s 84.027; 84.79; 84.798; 84.8205; 84.86; 84.924; 86B.211; 97A.405; 97A.485
- History: 24 SR 238; 34 SR 1205
Minn. R. 6213.0320 Reconsidering Denied Application
Subpart 1. Notice.
If an application to be an agent or add an additional business location is denied, the commissioner shall notify the applicant of the denial in writing and give a brief statement of the reason for denial. The commissioner shall notify the applicant that the applicant may, within 30 days from the day the notice was received, request that the commissioner reconsider the application.
Subp. 2. Request for reconsideration.
A request for reconsideration must include a written statement setting forth the applicant's legal, factual, or equitable arguments, along with any supporting documents. The commissioner may request that the applicant submit additional supporting facts or documents before making a final decision. The commissioner, after considering any additional facts or documents submitted by the applicant, shall make a decision whether to grant or deny a contract or grant or deny an application to amend the contract to authorize an additional business location.
History
- Statutory Authority: MS s 84.027; 84.79; 84.798; 84.8205; 84.86; 84.924; 86B.211; 97A.405; 97A.485
- History: 24 SR 238; 34 SR 1205
Minn. R. 6213.0400 Terms of Agent Contract
Subpart 1. Required terms.
An agent contract between the commissioner and an agent must include the terms specified in this part and part 6213.0420, subparts 3 and 4.
Subp. 2. Sale of electronic licenses.
An agent must agree to make available for sale to the public all electronic licenses covered in the agent's contract with the commissioner.
Subp. 3. Business location.
An agent must agree to sell electronic licenses only at the business location specified in the contract and at a place on the premises accessible to the public.
Subp. 4. Hours of operation.
An agent must agree to issue electronic licenses to the public during normal business hours or other hours of operation specified under the contract, for the duration of the contract.
Subp. 5. Restrictions on sale of electronic licenses.
An agent may not offer electronic licenses for free or at a nominal, reduced, or increased fee except as provided by Minnesota Statutes. An agent may not waive all or part of the issuing fee or use electronic licenses in connection with a drawing, raffle, giveaway, or other sales promotion.
Subp. 6. Displays.
An agent must agree to maintain, as instructed by the commissioner, any displays, notices, or other informational materials relating to electronic licenses that are provided by the commissioner.
Subp. 7. Communication.
An agent must agree to provide an established communications connection and point-of-sale equipment. The equipment must include the ability to print a license on ordinary paper.
Subp. 8. Lost or missing materials and equipment.
Except for acts beyond their control, an agent must agree to be responsible for lost, stolen, missing, or destroyed electronic licenses and materials and point-of-sale equipment relating to electronic licenses.
Subp. 9. Records.
An agent must agree to maintain current and accurate records of all electronic license operations in conformance with law and as directed by the commissioner.
Subp. 10. Access to electronic license operations.
An agent must agree to allow the commissioner access to all materials and equipment related to electronic license operations.
Subp. 11. Liability for proceeds.
An agent must agree to be liable for all proceeds from the sale of electronic licenses regardless of the manner of payment and for all losses incurred due to credit card fees, nonsufficient funds checks, and counterfeit currency.
Subp. 12. Liability.
An agent must agree that any contractual or tortious liability caused by the agent in connection with the sale of electronic licenses is the agent's sole responsibility. The agent must agree to indemnify the commissioner for such liability to the extent permitted by law. This provision shall not be construed to bar any legal remedies the agent may have for the state's failure to fulfill its obligations pursuant to the contract.
Subp. 13. Agent status.
An agent must agree that, in the capacity of an agent to sell electronic licenses, the agent is acting on behalf of the commissioner and the state of Minnesota.
Subp. 14. Rules and law.
An agent must agree to be bound by and comply with applicable provisions of law and rules and instructions and orders issued by the commissioner.
Subp. 15. Security.
An agent must provide a location that protects the sale of electronic licenses from unauthorized use and protects any provided materials from damage.
Subp. 16. Data practice.
An agent must agree that electronic license system data may be used only in the normal course of business for processing electronic license system transactions.
History
- Statutory Authority: MS s 84.027; 84.79; 84.798; 84.8205; 84.86; 84.924; 86B.211; 97A.405; 97A.485
- History: 24 SR 238; 34 SR 1205; 49 SR 1416
Minn. R. 6213.0410 Duration of Agent Contract; Transferability
Subpart 1. Duration.
An agent contract remains in effect until the contract is terminated at the request of the agent in writing or is canceled or suspended by the commissioner according to parts 6213.0100 to 6213.0800 or other law.
Subp. 2. Change in operations.
An agent must notify the commissioner in writing at least 30 days before any change in business location, nature of business, hours of operation, or ownership. The commissioner shall reconsider a contract based on the application criteria under part 6213.0310 when there is a change in business location, nature of business, hours of operation, or ownership. The commissioner shall cancel the contract if the agent no longer meets the criteria for acceptance of an original application.
Subp. 3. Transferability; change in ownership.
An agent contract issued under parts 6213.0100 to 6213.0800 may not be transferred. When an agent's business changes ownership, the new owner must submit an application to be appointed an agent, which is subject to approval by the commissioner.
History
- Statutory Authority: MS s 84.027; 84.79; 84.798; 84.8205; 84.86; 84.924; 86B.211; 97A.405; 97A.485
- History: 24 SR 238; 34 SR 1205
Minn. R. 6213.0420 Forfeiting or Suspending Contract
Subpart 1. Forfeiture of agent contract.
In addition to forfeiture under Minnesota Statutes, section 97A.311, subdivision 4, an agent contract is forfeited if the commissioner finds that an agent:
A. provided false or misleading information on the agent's application to the commissioner; or
B. while performing their duty as an agent of the Department of Natural Resources, acted in a manner prejudicial to the public confidence in the integrity of the Department of Natural Resources.
Subp. 2. Suspending or cancelling agent contract.
The commissioner may cancel or suspend an agent contract if the commissioner finds that the agent:
A. changed business location without notice to the commissioner under part 6213.0410;
B. failed to account for materials and equipment for operation of the electronic license system;
C. failed to comply with a term or condition of the agent contract;
D. committed an act that impairs the agent's reputation for honesty and integrity related to fulfilling the duties as an agent of the department of natural resources;
E. failed to properly display license point-of-sale equipment and materials;
F. failed to have the financial stability or responsibility to act as an agent as evidenced by inadequate accounting records or a failure to maintain sufficient funds from the sale of electronic licenses in the appropriate bank account;
G. had fewer than 300 electronic license system transactions per year; or
H. misused electronic license system data.
Subp. 3. Notice.
If an agent contract is forfeited, suspended, or canceled under subpart 1 or 2, the commissioner shall notify the agent and give a brief statement of the reason for forfeiture, cancellation, or suspension. The commissioner shall notify the agent that the agent may, within 30 days from the date of the notice, request that the commissioner reconsider the forfeiture, cancellation, or suspension. Notice of forfeitures and cancellations shall be in writing.
Subp. 4. Request for reconsideration.
A request for reconsideration must include a written statement setting forth the agent's legal, factual, or equitable arguments, along with any supporting documents. The commissioner may request that the agent submit additional facts or documents before making a final decision. The commissioner, after considering any additional facts or documents submitted by the agent, shall make a decision on whether or not to revoke the forfeiture or suspension of the agent's contract.
History
- Statutory Authority: MS s 84.027; 84.79; 84.798; 84.8205; 84.86; 84.924; 86B.211; 97A.405; 97A.485
- History: 24 SR 238; 34 SR 1205
Minn. R. 6213.0500 Selling Electronic Licenses
Subpart 1. Place of sale.
Electronic licenses must be sold at the agent's business location that is identified in the agent's contract with the Department of Natural Resources. An agent is responsible for the completion of each license transaction for each license sold at the agent's place of business.
Subp. 2.
[Repealed, 49 SR 1416]
Subp. 3. Resident licenses.
An agent may not issue a resident license to a person unless the agent ascertains that the applicant is a resident, as defined by Minnesota Statutes.
History
- Statutory Authority: MS s 84.027; 84.79; 84.798; 84.8205; 84.86; 84.924; 86B.211; 97A.405; 97A.485
- History: 24 SR 238; 34 SR 1205; 49 SR 1416
Minn. R. 6213.0510 Duplicate Licenses
A licensee whose electronic license is lost or destroyed may obtain a duplicate license by applying to an agent.
History
- Statutory Authority: MS s 84.027; 84.79; 84.798; 84.8205; 84.86; 84.924; 86B.211; 97A.405; 97A.485
- History: 24 SR 238; 34 SR 1205
Minn. R. 6213.0600 Deposit and Transfer of Funds
Subpart 1. Bank account.
A. An agent must maintain a bank account in an FDIC insured banking association, savings association, trust company, or credit union organized under the authority of this state or the United States. The bank account must be able to accept electronic funds transfers. The agent must provide the commissioner with the following account information and must inform the commissioner if the account is changed:
B. The agent must deposit all money received from the sale of electronic licenses into the account described in item A, less the amount retained according to law as the issuing fee. The agent's bank account must be set up to permit the commissioner, through the commissioner of management and budget, to electronically transfer the money to the state treasury.
Subp. 2. Transferring funds.
Before transferring funds, the commissioner shall notify the agent of the designated amounts to be transferred and the designated time of transfer. At the designated time of transfer, the agent must have sufficient funds on deposit in the bank account to permit the transfer to the state treasury.
Subp. 3. Instructions for handling funds.
The commissioner shall provide the agent with instructions for the transfer of funds from the agent's bank account to the state treasury and instructions for reconciling any differences between the agent and the commissioner on the amount of money to be electronically transferred.
History
- Statutory Authority: MS s 84.027; 84.79; 84.798; 84.8205; 84.86; 84.924; 86B.211; 97A.405; 97A.485
- History: 24 SR 238; L 2003 c 112 art 2 s 50; L 2009 c 101 art 2 s 109
Minn. R. 6213.0700 Inspecting Premises
An agent must allow the commissioner to inspect the agent's business location at any time upon notice to determine whether the agent is complying with the provisions of parts 6213.0100 to 6213.0800 and the agent contract. To determine whether the agent is complying with the provisions of parts 6213.0100 to 6213.0800 and the agent contract, the commissioner may inspect with or without notice to the agent during normal business hours.
History
- Statutory Authority: MS s 84.027; 84.79; 84.798; 84.8205; 84.86; 84.924; 86B.211; 97A.405; 97A.485
- History: 24 SR 238
Minn. R. 6213.0800 Reporting Procedures
An agent must file with the commissioner, on a form and in a manner as the commissioner may require, reports of the agent's receipts and transactions in the sale of electronic licenses.
History
- Statutory Authority: MS s 84.027; 84.79; 84.798; 84.8205; 84.86; 84.924; 86B.211; 97A.405; 97A.485
- History: 24 SR 238
Chapter 6214 TRANSFER OF WILD ANIMALS BY GIFT
Minn. R. 6214.0100 [Renumbered 6230.1500]
[Renumbered 6230.1500]
Minn. R. 6214.0200 [Renumbered 6262.3150]
[Renumbered 6262.3150]
Minn. R. 6214.0300 [Renumbered 6262.3200]
[Renumbered 6262.3200]
Minn. R. 6214.0400 [Renumbered 6262.3250]
[Renumbered 6262.3250]
Minn. R. 6214.0500 [Renumbered 6262.3300]
[Renumbered 6262.3300]
Chapter 6216 INVASIVE SPECIES
Minn. R. 6216.0100 Purpose
The purpose of this chapter is to prevent the spread of invasive species, including prohibited and regulated invasive aquatic plants and wild animals, into and within the state as authorized by Minnesota Statutes, sections 17.497 and 84D.12, while allowing flexibility for conditional possession of invasive species. This chapter also provides a public process for listing infested waters and classifying and designating nonnative species according to criteria in statute.
History
- Statutory Authority: MS s 14.388; 84.9691; 84D.12
- History: 20 SR 2292(NO. 43); L 1996 c 385 art 2 s 7; 22 SR 2076; L 2004 c 243 s 40; L 2014 c 289 s 69; 43 SR 683
Minn. R. 6216.0200 Definitions
Subpart 1. Scope.
For the purposes of parts 6216.0100 to 6216.0600, the terms used have the meanings given to them in Minnesota Statutes, section 84D.01, unless otherwise noted in this part.
Subp. 1a. Applicant.
"Applicant" means a person who applies for a Minnesota Department of Natural Resources prohibited invasive species permit or regulated invasive species permit according to part 6216.0265, a water appropriation permit or public works permit according to Minnesota Statutes, chapter 103G, or an infested water permit according to part 6216.0500, subpart 6, or who requests a determination of the appropriate classification of an unlisted nonnative species for introduction according to Minnesota Statutes, section 84D.06.
Subp. 2. Commissioner.
"Commissioner" means the commissioner of natural resources of Minnesota or the commissioner's designated representative.
Subp. 3. Department.
"Department" means the Minnesota Department of Natural Resources.
Subp. 3a. Free-living state.
"Free-living state" means to be unconfined or outside the control of a person, and:
A. in the case of animals other than fish, includes the ability to fly, walk, or swim out of human control;
B. in the case of a fish or aquatic plants, the following locations shall be considered to be in a free-living state:
C. in the case of a fish or aquatic plant, the following locations are not considered a free-living state:
Subp. 4.
[Repealed, 22 SR 2076]
Subp. 4a. Introduction.
"Introduction" has the meaning given in Minnesota Statutes, section 84D.01, subdivision 9. Introduction does not include the immediate return of a nonnative species to waters of the state from which it was removed. "Introduce" means the act of introduction.
Subp. 5. Littoral area.
"Littoral area" means any part of a body of water 15 feet deep or less.
Subp. 6. Person.
"Person" has the meaning given in Minnesota Statutes, section 645.44, subdivision 7.
Subp. 7. Public waters.
"Public waters" means public waters as defined under Minnesota Statutes, section 103G.005, subdivision 15, that have been designated as public waters under the public waters inventory pursuant to Minnesota Statutes, section 103G.201.
History
- Statutory Authority: MS s 84.9691; 84D.12
- History: 20 SR 2292(NO. 43); L 1996 c 385 art 2 s 7; 22 SR 2076; L 2004 c 243 s 40
Minn. R. 6216.0230 Nomenclature
The scientific taxonomic nomenclature used in this chapter follows the nomenclature assigned by the following sources, which are incorporated by reference. The sources are available through the Minitex interlibrary loan system and are not subject to frequent change:
A. The American Fisheries Society, Common and Scientific Names of Fishes from the United States, Canada, and Mexico (seventh edition 2013);
B. John J. Mayer and I. Lehr Brisbin, Jr., Wild Pigs in the United States (1991);
C. The American Ornithologists' Union, Checklist of North American Birds (seventh edition 1998 and subsequent supplements);
D. John T. Kartesz, A Synonymized Checklist of the Vascular Flora of the United States, Canada, and Greenland (second edition 1994);
E. Ronald M. Nowak, Walker's Mammals of the World, volumes I and II (sixth edition 1999);
F. A.J. Healy and Elizabeth Edgar, Flora of New Zealand, volume III (1980);
G. C.J. Webb, W.R. Sykes, and P.J. Garnock-Jones, Flora of New Zealand, volume IV (1988); and
H. Flora of North America Editorial Committee, Flora of North America North of Mexico, volume 3 (1997) (for waterlilies only).
History
- Statutory Authority: MS s 14.388; 84D.12
- History: 22 SR 2076; 43 SR 683
Minn. R. 6216.0250 Prohibited Invasive Species
Subpart 1. Designation.
The species in subparts 2 to 5 and any hybrids, cultivars, or varieties of the species are designated as prohibited invasive species.
Subp. 2. Aquatic plants.
The following aquatic plants are designated as prohibited invasive species:
A. African oxygen weed (Lagarosiphon major) (Ridley) Moss ex Wagner;
B. aquarium watermoss or giant salvinia (Salvinia molesta) Mitchell;
C. Australian stonecrop (Crassula helmsii) (Kirk) Cockayne;
D. brittle naiad (Najas minor) Allioni;
E. common reed, nonnative subspecies (Phragmites australis ssp. australis, not including Phragmites australis ssp. americanus) (Cav.) Trin. ex Steud;
F. curly-leaf pondweed (Potamogeton crispus) Linnaeus;
G. Eurasian watermilfoil (Myriophyllum spicatum) Linnaeus, including its hybrids;
H. European frog-bit (Hydrocharis morsus-ranae) Linnaeus;
I. flowering rush (Butomus umbellatus) Linnaeus;
J. hydrilla (Hydrilla verticillata) (Carl von Linnaeus) Royle;
K. Indian swampweed (Hygrophila polysperma) (Roxburgh) T. Anders;
L. purple loosestrife (Lythrum salicaria, Lythrum virgatum, or any variety, hybrid, or cultivar thereof) Linnaeus;
M. starry stonewort (Nitellopsis obtusa) (N.A. Desvaux) J. Groves;
N. water aloe or water soldiers (Stratiotes aloides) Linnaeus;
O. water chestnut (Trapa natans) Linnaeus; and
P. yellow floating heart (Nymphoides peltata) (S.G. Gmel.) Kuntze.
Subp. 2a. Federal noxious weed list.
Aquatic plants listed in Code of Federal Regulations, title 7, section 360.200, are designated as prohibited invasive species, except for Chinese water spinach (Ipomoea aquatica) Forsskal.
Subp. 3. Fish.
The following fish are designated as prohibited invasive species:
A. Amur sleeper (Perccottus glenii) Dybowski;
B. bighead carp (Hypophthalmichthys nobilis) Richardson;
C. black carp (Mylopharyngodon piceus) (Richardson) Peters;
D. crucian carp (Carassius carassius) Linnaeus;
E. Eastern mosquitofish (Gambusia holbrooki) Girard;
F. Eurasian minnow (Phoxinus phoxinus) Linnaeus;
G. European perch (Perca fluviatilis) Linnaeus;
H. grass carp (Ctenopharyngodon idella) Valenciennes;
I. largescale silver carp (Hypophthalmichthys harmandi) Sauvage;
J. northern snakehead fish (Channa argus) Cantor;
K. Oriental weatherfish (Misgurnus anguillicaudatus) Cantor;
L. Prussian carp (Carassius gibelio) Bloch;
M. roach (Rutilus rutilus) Linnaeus;
N. round goby (Neogobius melanostomus);
O. rudd (Scardinius erythrophthalmus) Linnaeus;
P. ruffe (Gymnocephalus cernuus) Linnaeus;
Q. sea lamprey (Petromyzon marinus) Linnaeus;
R. silver carp (Hypophthalmichthys molitrix) Valenciennes;
S. stone moroko (Pseudorasbora parva) Temminck & Schlegel;
T. tench (Tinca tinca) Linnaeus;
U. tubenose gobies (any fish belonging to the genus Proterorhinus including Proterorhinus semilunaris, Heckel, or Proterorhinus marmoratus, Pallas);
V. wels catfish (Silurus glanis) Linnaeus;
W. western mosquitofish (Gambusia affinis) Baird & Girard;
X. white perch (Morone americana) Gmelin; and
Y. zander (Sander lucioperca) or (Stizostedion lucioperca) Linnaeus.
Subp. 3a. Federal injurious wildlife list; fish.
Fish listed in Code of Federal Regulations, title 50, section 16.13, are designated as prohibited invasive species, except for salmonids listed as unregulated nonnative species in part 6216.0270.
Subp. 4. Invertebrates.
The following invertebrates are designated as prohibited invasive species:
A. faucet snail (Bithynia tentaculata) Linnaeus;
B. golden clam (Corbicula fluminea) O.F. Müller;
C. golden mussel (Limnoperna fortunei) Dunker;
D. jumping worms (Amynthas and Metaphire spp.) Kinberg;
E. marbled crayfish (marmorkrebs) (Procambarus virginalis or Procambarus fallax forma virginalis);
F. New Zealand mud snail (Potamopyrgus antipodarum) Gray;
G. quagga mussel (Dreissena bugensis) Andrusov;
H. red swamp crayfish (Procambarus clarkii) Girard;
I. yabby (Cherax destructor) Clark; and
J. zebra mussel (Dreissena spp.).
Subp. 4a. Federal injurious wildlife list; mollusks and crustaceans.
Mollusks and crustaceans listed in Code of Federal Regulations, title 50, section 16.13, are designated as prohibited invasive species.
Subp. 5. Mammals.
The following mammals are designated as prohibited invasive species:
A. Asian raccoon dog, also known as finnraccoon (Nyctereutes procyonoides);
B. Eurasian swine, European wild boar (Sus scrofa scrofa) Linnaeus;
C. European rabbit (Oryctolagus cuniculus); and
D. nutria, any strain (Myocastor coypus).
History
- Statutory Authority: MS s 14.388; 84.027; 84.9691; 84D.12
- History: 20 SR 2292(NO. 43); L 1996 c 385 art 2 s 7; 22 SR 2076; 28 SR 629; L 2004 c 243 s 40; 32 SR 724; 38 SR 1706; L 2014 c 289 s 69; 41 SR 113; 43 SR 683; 48 SR 796
Minn. R. 6216.0260 Regulated Invasive Species
Subpart 1. Designation.
The species in subparts 2 to 6 are designated as regulated invasive species.
Subp. 2. Aquatic plants.
The following aquatic plants are designated as regulated invasive species:
A. Brazilian waterweed (Egeria densa) Planchon;
B. Carolina fanwort or fanwort (Cabomba caroliniana) A. Gray;
C. Chinese water spinach (Ipomoea aquatica) Forsskal;
D. parrot's feather (Myriophyllum aquaticum) (da Conceicao Vellozo) Verdcourt;
E. nonnative waterlilies (Nymphaea spp.) Linnaeus, or any variety, hybrid, or cultivar thereof. Native Minnesota waterlilies are: Nymphaea odorata Aiton subsp. odorata Aiton, N. leibergii Morong, and N. odorata Aiton subsp. tuberosa (Paine) Wiersema & Hellquist;
F. yellow iris or yellow flag (Iris pseudacorus) Linnaeus; and
G. water hyacinth (Eichhornia crassipes) Solms.
Subp. 3. Fish.
The following fish are designated as regulated invasive species:
A. alewife (Alosa pseudoharengus) Wilson;
B. common carp, koi (Cyprinus carpio) Linnaeus;
C. goldfish (Carassius auratus) Linnaeus;
D. rainbow smelt (Osmerus mordax) Mitchell; and
E. tilapia (Tilapia, Oreochromis, Sarotherodon spp.).
Subp. 4. Invertebrates.
The following invertebrates are designated as regulated invasive species:
A. banded mystery snail (Viviparus georgianus) I. Lea;
B. Chinese mystery snail, Japanese trap door snail (Cipangopaludina spp.) Hannibal or (Bellamya chinensis) Reeve;
C. rusty crayfish (Orconectes rusticus) Girard; and
D. spiny waterflea (Bythotrephes longimanus) Leydig.
Subp. 5. Birds.
The following birds are designated as regulated invasive species:
A. Egyptian goose (Alopochen aegyptiaca) Linne;
B. mute swan (Cygnus olor) Gmelin; and
C. Sichuan pheasant (Phasianus colchicus strauchi).
Subp. 6. Reptiles.
The following reptile is designated as a regulated invasive species: red-eared slider (Trachemys scripta elegans) Wied-Neuweid.
History
- Statutory Authority: MS s 14.388; 84.027; 84D.12
- History: 22 SR 2076; 28 SR 629; L 2004 c 243 s 40; 32 SR 724; 38 SR 1706; L 2014 c 289 s 69; 41 SR 113; 43 SR 683
Minn. R. 6216.0265 Permits for Prohibited and Regulated Invasive Species
Subpart 1. Requirement.
No person may possess, import, purchase, propagate, or transport a prohibited invasive species without a permit from the commissioner issued according to this part, except as authorized by Minnesota Statutes, section 84D.05. No person may introduce a regulated invasive species without a permit from the commissioner issued according to this part, except as authorized in subpart 2. A regulated invasive species permit is not required for a person to possess, import, purchase, propagate, transport, own, or sell a regulated invasive species.
Subp. 2. Exemptions and alternate permits for regulated invasive species.
In lieu of an additional permit issued under Minnesota Statutes, section 84D.11, permits and licenses issued under Minnesota Statutes, sections 17.4981 to 17.4994, and Minnesota Statutes, chapter 97C, and rules adopted thereunder, may authorize the introduction of regulated invasive species, provided that the conditions specified in those permits and licenses are in accordance with this part.
Subp. 3. Prohibited invasive species permit limitation.
A person may apply for a permit for prohibited invasive species only for the purposes of disposal, decontamination, control, research, or education according to Minnesota Statutes, section 84D.11, subdivision 1.
Subp. 4. Eligibility; prohibited invasive species permit.
An applicant for a prohibited invasive species permit must:
A. have experience in the skills necessary for handling potentially harmful species, including:
B. maintain a facility or transportation equipment that prevents the escape of nonnative species;
C. if the applicant is an individual, be at least 18 years of age at the time the application is received by the department; and
D. if the applicant is a corporation, limited partnership, or other business entity, be qualified to do business in Minnesota as shown by a certificate of authority to transact business in Minnesota or a certificate of limited partnership from the Minnesota secretary of state.
Subp. 5. Permit application.
A. Written application for a permit for a prohibited or regulated invasive species shall be made on a form prescribed by the commissioner and shall contain the following:
B. The commissioner may request additional information from the applicant in writing after the application is received if necessary to evaluate the potential risk to the state's resources.
C. The commissioner shall review the permit applications and respond to the applicant within 30 days of receipt of the application or the additional information requested in item B.
Subp. 6. Inspection of facilities or equipment.
After receipt of an application for a prohibited invasive species permit, and a determination by the commissioner that the applicant has satisfied all the initial requirements for a permit as described in this part, the commissioner may inspect the applicant's holding facilities or other containment or transportation equipment. Facilities holding prohibited invasive species under permit are subject to inspection by the commissioner at any reasonable time.
Subp. 7. Transferability.
A permit issued under this part is not transferable.
Subp. 8. Expiration date and renewal.
All prohibited invasive species and regulated invasive species permits expire at midnight on December 31 of each year, unless otherwise specified in the permit. Applications for renewal of permits shall be made by October 1 of the year the permit expires. Applications for renewal shall describe any changes to the information initially required in subpart 5.
Subp. 9. Revocation of permit.
A. The commissioner may revoke all or part of a permit issued under this part when:
B. Except in an emergency situation when delay would threaten the state's natural resources, the commissioner shall, at least 14 days prior to the effective date of the revocation, inform the permit holder in writing of the nature of the revocation and of the conditions that, in the commissioner's opinion, require revocation.
C. Within 30 days of receipt of a notice of revocation, the permit holder may apply for an amendment to the permit or request a hearing before the commissioner to contest the revocation, to support the permit holder's proposed amendment, or both.
D. The permit shall be revoked on the date stated on the revocation notice until such time that the decision is reversed or modified.
Subp. 10. Disclaimer of liability.
A prohibited invasive species permit or regulated invasive species permit issued under this part is permissive only. No liability is assumed by the state or any of its officers, agents, or employees by issuing a prohibited or regulated invasive species permit or by any acts or operations of the permittee or any prohibited or regulated invasive species in possession of the permittee.
Subp. 11. Effective date.
A person possessing, importing, purchasing, selling, propagating, transporting, or introducing a prohibited invasive species on June 2, 1998, must apply for a permit within 60 days of June 2, 1998.
History
- Statutory Authority: MS s 14.388; 84D.12
- History: 22 SR 2076; L 2004 c 243 s 40; 43 SR 683
Minn. R. 6216.0270 Unregulated Nonnative Species
Subpart 1. Designation.
The species in subparts 2 to 5 are designated as unregulated nonnative species. These nonnative species are not subject to regulation under Minnesota Statutes, chapter 84D.
Subp. 2. Fish.
The following fish are designated as unregulated nonnative species:
A. Atlantic salmon (Salmo salar) Linnaeus;
B. brown trout (Salmo trutta) Linnaeus;
C. coho salmon (Oncorhynchus kisutch) Walbaum;
D. Chinook salmon (Oncorhynchus tshawytscha) Walbaum;
E. pink salmon (Oncorhynchus gorbuscha) Walbaum;
F. rainbow trout (Oncorhynchus mykiss) Walbaum; and
G. subtropical, tropical, and saltwater fish, except anadromous species.
Subp. 3. Invertebrates.
The following invertebrates are designated as unregulated nonnative species: subtropical, tropical, and saltwater invertebrates.
Subp. 4. Mammals.
The following mammal is designated as an unregulated nonnative species: rat (Rattus norvegicus and Rattus rattus).
Subp. 5. Birds.
The following birds are designated as unregulated nonnative species:
A. chukar partridge (Alectoris chukar) Gray;
B. helmeted Guinea fowl (Numida meleagris) Linnaeus;
C. house sparrow (Passer domesticus domesticus) Linnaeus;
D. Hungarian partridge, gray partridge (Perdix perdix) Linnaeus;
E. peafowl (Pavo cristatus) Linnaeus;
F. pigeon or rock dove (Columba livia) Gmelin;
G. ring-necked pheasant (Phasianus colchicus) Linnaeus; and
H. starling (Sturnus vulgaris vulgaris) Linnaeus.
History
- Statutory Authority: MS s 14.388; 84D.12
- History: 22 SR 2076; L 2004 c 243 s 40; L 2014 c 289 s 69; 43 SR 683
Minn. R. 6216.0280 Escape of Nonnative Species
Subpart 1. Reporting.
To report an unauthorized introduction of prohibited invasive animal species, regulated invasive animal species, or unlisted nonnative animal species, in compliance with Minnesota Statutes, section 84D.08, a person shall notify the department's area or regional conservation officer or the invasive species program staff in the department's St. Paul office by telephone within 48 hours after learning of the unauthorized introduction.
Subp. 2. Information required.
The following information shall be provided to the department about the unauthorized introduction:
A. the quantity and species;
B. the location of the introduction;
C. the date and time the introduction occurred or was discovered;
D. the last known location of the species; and
E. the reporter's address and daytime and evening telephone numbers.
History
- Statutory Authority: MS s 84D.12
- History: 22 SR 2076; L 2004 c 243 s 40
Minn. R. 6216.0290 Process for Review of Proposed Introductions of Unlisted Nonnative Species
Subpart 1. Applications and information required.
A. A person who seeks to introduce an unlisted nonnative species in the state according to Minnesota Statutes, section 84D.06, shall submit an application on a form prescribed by the commissioner. The form shall request the following information:
B. The commissioner may request additional information in writing after the application is received if necessary to assess the potential impacts of an introduction.
Subp. 2. Application review.
The commissioner shall reject an application within ten working days after receipt of the application if the application does not contain the information required in subpart 1.
Subp. 3. Review period.
Within 60 days of receipt of an application that contains the information in subpart 1, the commissioner shall assess the apparent risk of the introduction in the state and classify the species according to Minnesota Statutes, section 84D.04, subdivision 2. If the commissioner determines during the 60-day period that there should be a public comment period for the proposed introduction, or the commissioner determines that additional information is necessary to adequately evaluate the proposed introduction, the commissioner may extend the review period and state the basis of the extension in writing to the applicant. The review period may be extended to a date 30 days from the end of the public comment period or receipt by the department of the additional information requested from the applicant.
Subp. 4. Review process.
Prior to classification of an unlisted nonnative species and making a final assessment on a proposed introduction, the commissioner may:
A. seek information and opinions from technical experts;
B. solicit public comment and hold public hearings on the proposed introduction;
C. consult with other potentially affected jurisdictions; and
D. in the case of an animal species, request a certificate of veterinary inspection or other appropriate certification that the animal is pathogen-free.
Subp. 5. Comment period and comments.
If the commissioner determines that a public comment period is necessary on the proposed introduction, the commissioner shall promptly proceed to publish a notice in the EQB Monitor, which is published by the Environmental Quality Board. A 30-day period for review and comment begins the day a notice of the public comment period is published in the EQB Monitor. Written comments to the commissioner during the public comment period may address the accuracy and completeness of material contained in the application, additional information regarding the proposed introduction that is not contained in the application, or potential impacts that may warrant further investigation before the commissioner acts on the proposed introduction.
Subp. 6. Designation and notification.
After completing the review of a proposal to introduce an unlisted nonnative species and determining the appropriate classification, the commissioner shall designate the species and notify the applicant as required under Minnesota Statutes, section 84D.06.
History
- Statutory Authority: MS s 14.388; 84D.12
- History: 22 SR 2076; L 2004 c 243 s 40; L 2014 c 289 s 69; 43 SR 683
Minn. R. 6216.0300 Listing, Notice, and Marking of Infested Waters
Subpart 1. Listing of infested waters and notice.
The commissioner shall maintain a list of infested waters and provide access to a copy of the listed waters. The department shall post signs describing the infestation at all public accesses to listed water bodies. At any time, the commissioner may list additional water bodies or remove from listing those water bodies which no longer are infested waters.
Subp. 2.
[Repealed, 24 SR 1849]
Subp. 3.
[Repealed, 24 SR 1849]
History
- Statutory Authority: MS s 14.388; 84.9691; 84D.03; 84D.12
- History: 20 SR 2292(NO. 43); 22 SR 2076; 24 SR 1849; L 2014 c 289 s 69; 43 SR 683
Minn. R. 6216.0350 [Repealed, 34 SR 474]
[Repealed, 34 SR 474]
Minn. R. 6216.0400 Restricted Activities on Infested Waters; Permits
Subpart 1. Taking bait from infested waters.
Taking wild animals from infested waters for bait or aquatic farm purposes is prohibited, except:
A. by permit according to part 6254.0200 and Minnesota Statutes, sections 84D.03, subdivision 3, and 84D.11, subdivision 2a;
B. harvest for bait purposes from waters that are listed as infested waters solely because they contain Eurasian watermilfoil is allowed for noncommercial personal use; and
C. harvest of rainbow smelt or cisco for bait purposes from Lake Superior or its tributaries below the posted boundaries, except those streams listed in part 6262.0300, subpart 4, item C, for use as fresh, dead, frozen, or preserved bait only on Lake Superior or its tributaries below the posted boundaries, in accordance with Minnesota Statutes, section 97C.341, paragraph (c).
Subp. 1a. Permit application.
A. Written application for a permit to harvest wild animals from infested waters for bait or aquatic farm purposes shall be made on a form provided by the commissioner and shall contain:
B. An application for a permit according to part 6254.0200 and Minnesota Statutes, sections 84D.03, subdivision 3, and 84D.11, subdivision 2a, must be mailed or delivered to the Minnesota DNR-Commercial Fisheries Program Coordinator, 500 Lafayette Road, St. Paul, MN 55155-4012.
C. An application for a permit under this part must be submitted by March 1 to be considered for permits that are effective on April 10 of the same year.
Subp. 1b. Expiration; renewal; transferability.
Permits issued under this part expire at midnight on April 9 of each year, unless otherwise specified in the permit. An application for renewal shall describe any changes to the information submitted in the prior year. A permit issued under this part is not transferable.
Subp. 1c. Revocation of permit.
A. When the commissioner determines that a permittee has failed to comply with conditions of the permit, the commissioner may issue a warning or, if deemed necessary for the protection of the aquatic resources, revoke all or part of a permit. The commissioner may revoke the permit if deemed necessary for the protection of the aquatic resources. When it is determined that a third offense has occurred, the commissioner must revoke the permit.
B. Except in an emergency situation when delay would threaten the state's natural resources, the commissioner shall, at least seven days before the effective date of the revocation, inform the permit holder in writing of the nature of the revocation and of the conditions that, in the commissioner's opinion, require revocation.
C. Upon notice of revocation, the permit holder may apply for an amendment to the permit or request a contested case hearing to contest the revocation. The permit is revoked on the date stated in the revocation notice until such time that the decision is reversed or modified.
Subp. 2. Restrictions on sport gill netting for whitefish and cisco in infested waters.
If the commissioner lists waters that are open to sport gill netting for whitefish and cisco as infested waters, the commissioner may close the gill netting season for the listed water body, require that gill nets used in the infested waters not be used in other water bodies, or require that nets used in infested waters must be dried for a minimum of ten days or frozen for a minimum of two days before they are used in noninfested waters. The commissioner shall publish the names of listed water bodies and new requirements or closures in the State Register and provide notice through media releases and other available means where practical. In addition, the commissioner shall post notice of the restrictions at public access points to listed water bodies.
Subp. 3.
[Repealed, L 2004 c 243 s 41]
Subp. 4.
[Repealed, 24 SR 1849]
History
- Statutory Authority: MS s 14.388; 84.9691; 84D.12; 97A.045; 97C.341
- History: 20 SR 2292(NO. 43); 22 SR 2076; 24 SR 1849; L 2004 c 243 s 41; L 2014 c 289 s 69; 39 SR 1619; 43 SR 683
Minn. R. 6216.0500 Transporting and Appropriating Water from Infested Waters
Subpart 1.
[Repealed, 32 SR 724]
Subp. 1a. Diverting, appropriating, and transporting.
A. Water from listed infested waters may not be diverted to other waters, transported on a public road, or transported or appropriated off property riparian to infested waters except:
B. For newly listed infested waters or infested waters that are newly listed with an additional invasive species, the commissioner shall review active water appropriation or public waters work permits issued under Minnesota Statutes, chapter 103G, and may amend permits to include conditions that prevent the spread of invasive species.
C. The following conditions may be included in permits issued under this part or Minnesota Statutes, chapter 103G, to prevent the spread of invasive species:
Subp. 2. Disposing water used to transport wild animals from infested waters.
Water used to transport wild animals from infested waters, including water from waters or facilities permitted to hold fish from infested waters, may be disposed of only at sites approved in writing by the commissioner.
Subp. 3.
[Repealed, 43 SR 683]
Subp. 4.
[Repealed, 32 SR 724]
Subp. 5. Fish hatchery or aquatic farm operations in infested waters.
A. Natural lakes or wetland basins that are listed as infested waters will not be licensed by the department pursuant to Minnesota Statutes, section 17.4984, for aquatic farms or pursuant to Minnesota Statutes, section 97C.211, as private fish hatcheries.
B. Artificial water basins that have populations of prohibited or regulated invasive species may be used for aquatic farm or private hatcheries under license by the department. After notifying a licensee that an artificial water basin has a prohibited or regulated invasive species, the commissioner may require that nets, traps, buoys, stakes, and lines that have been used in such artificial water basins must be dried for a minimum of ten days, or frozen for a minimum of two days, before they are used in noninfested waters. All aquatic plants must be removed from nets and other equipment that are removed from the artificial water basins.
C. The commissioner may license aquatic farm or private fish hatchery facilities to use infested waters as a source for the facilities' water. The commissioner may require that the waters be treated to eliminate prohibited or regulated invasive species.
D. Fish raised in artificial water basins that have populations of prohibited or regulated invasive species, or in any facility using infested water as a source, must be sold directly to a wholesale buyer for processing, except:
Subp. 6. Infested waters diversion or transportation permits.
Applications for permits issued pursuant to this part, to divert or transport water from infested waters, shall be made on forms obtained from the commissioner and shall contain information as the commissioner may prescribe. The department shall act upon the application within 90 days of receipt. Failure on the part of the department to act upon the permit within the required time shall not be construed as approval of the application. Permits shall state all the conditions and limitations upon which they are based. A permit may be modified at any time by the department.
History
- Statutory Authority: MS s 84.9691; 84D.12
- History: 20 SR 2292(NO. 43); L 1996 c 385 art 2 s 7; 22 SR 2076; 24 SR 1849; L 2004 c 243 s 40; 32 SR 724; L 2014 c 289 s 69; 20 SR 2292(NO. 43); L 1996 c 385 art 2 s 7; 22 SR 2076; 24 SR 1849; L 2004 c 243 s 40; 32 SR 724; L 2014 c 289 s 69; 43 SR 683
Minn. R. 6216.0600 Violations; Confiscations
Unless a different penalty is prescribed, a violation of parts 6216.0265, 6216.0280 to 6216.0290, or 6216.0400 to 6216.0500 is a misdemeanor as set forth in Minnesota Statutes, section 84D.13. Where a violation has occurred, the department may confiscate the prohibited invasive species, regulated invasive species, or unlisted nonnative species immediately upon discovery wherever found and, at the department's discretion, destroy it. Where infested water is being appropriated, or diverted or transported without a permit, or otherwise contrary to the provisions of parts 6216.0100 to 6216.0600, the department may order that the activities cease. Any expense or loss in connection with enforcement of the order shall be borne by the permittee or responsible person.
History
- Statutory Authority: MS s 84.9691; 84D.12
- History: 20 SR 2292(NO. 43); 22 SR 2076; L 2004 c 243 s 40
Chapter 6218 PUBLIC WATER ACCESS
Minn. R. 6218.0100 General Restrictions on Use of Public Water Access Sites
Subpart 1. Parking restrictions.
Vehicles must be parked only in designated parking areas and may not obstruct any avenue of ingress or egress to the site or launch area, except when loading and unloading watercraft or other equipment.
Subp. 2. Taking of wildlife prohibited.
A person may not take any wildlife species, except fish by angling, on a public water access site.
Subp. 3. Restrictions on possession of firearms, bows and arrows, and other weapons.
A person may not possess loaded firearms within a public water access site or use any firearm, bow and arrow, air rifle, slingshot, or other missile propelling weapon.
Subp. 4. Plants at public water access sites protected.
A person may not remove, destroy, or damage any vegetation from a public water access site, except as posted or permitted.
Subp. 5. Livestock prohibited.
A person may not permit livestock to enter a public water access site.
Subp. 6. Burning prohibited.
Burning within a public water access site is allowed only in designated locations.
Subp. 7. Destruction of public property prohibited.
The destruction of any public property within a public water access site is prohibited.
Subp. 8. Camping prohibited.
A person may not camp on or remain in a vehicle overnight in any public water access site, unless the site is posted for this use by the commissioner.
Subp. 9. Abandonment or storage of fish houses, dark houses, other structures, or property prohibited.
A person may not leave, store, or abandon a fish house, shelter house, dark house, other structure, or property within a public water access site.
Subp. 10. Storage of watercraft prohibited.
A person may not leave, store, or moor any watercraft on a public water access site overnight.
Subp. 11. Obstruction prohibited.
A person may not place any obstacle or moor any watercraft in a manner that obstructs ingress or egress to a public water access site.
Subp. 12. Compatible uses.
Public water access sites may be used for swimming unless otherwise posted.
Subp. 13. Intoxicating liquor prohibited.
A person may not consume intoxicating liquor within a public water access site.
History
- Statutory Authority: MS s 86A.06
- History: 18 SR 83
Minn. R. 6218.0200 Public Water Access Sites with Restricted Uses
Subpart 1. Limited use.
Unless otherwise posted, a person may not use the following public water access sites for any purpose other than loading or unloading a watercraft or other equipment or while legally performing activities related to the exercise of a license or registration issued by the department:
A. North Long Lake, T. 135, R. 31, Crow Wing County;
B. Round Lake, T. 135, R. 31, Crow Wing County; and
C. Lake Washington, T. 109, R. 25, Le Sueur County.
Subp. 2. Limited hours; Gull Lake.
Unless otherwise posted, and except for the walleye season opener on inland waters, a person may not use the following public water access site for any purpose from the hours of 12:00 a.m. to 5:00 a.m.: Gull Lake, Sec. 26, T. 135 N., R. 29 W., Crow Wing County. A person may use this public water access site starting at 12:00 a.m. on the first day of the walleye fishing season on inland waters through the first Monday after the opening of the walleye fishing season on inland waters.
History
- Statutory Authority: MS s 86A.05; 86A.06
- History: 18 SR 83; 23 SR 1734
Chapter 6230 WILDLIFE MANAGEMENT
Minn. R. 6230.0100 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 2. Special goose season.
"Special goose season" means an open season for the taking of geese where quotas exist on the numbers of hunters or harvest or a season that is restricted in area or time from the regular statewide seasons.
Subp. 3. Waterfowl season.
"Waterfowl season" means any day that there is an open season for the taking of migratory waterfowl.
History
- Statutory Authority: MS s 14.06; 97B.605
- History: 18 SR 83; 39 SR 1006
Minn. R. 6230.0200 Special Provisions for Wildlife Management Areas
Subpart 1. Areas requiring a permit to trap.
The following wildlife management areas are open to trapping with a permit:
A. Carlos Avery in Anoka and Chisago Counties;
B. Hubbel Pond in Becker County;
C. Red Lake in Beltrami and Lake of the Woods Counties;
D. Talcot Lake in Cottonwood and Murray Counties;
E. Mille Lacs in Mille Lacs and Kanabec Counties;
F. Lac qui Parle in Big Stone, Lac qui Parle, Swift, and Chippewa Counties;
G. Roseau River in Roseau County;
H. Thief Lake in Marshall County; and
I. Whitewater in Olmsted, Wabasha, and Winona Counties.
Subp. 2. Trapping permits.
On areas where trapping permits are required, the number of trapping permits may be limited to avoid undue depletion of the furbearer resources or to prevent excessive crowding of trappers. The wildlife manager may establish a method, including a drawing, for impartially selecting the persons who may trap. An application for a trapping permit may be rejected if the trapper has failed to submit a trapping report for the previous season. Permits may be revoked at any time if the permittee violates any law or regulation or fails to comply with the requirements of the permit.
Subp. 3. Areas closed to migratory waterfowl hunting.
The Gordon W. Yeager Wildlife Management Area and the Eastside Wildlife Management Area in Olmsted County and the Carl Schmidt Wildlife Management Area in Morrison County are closed to the taking of migratory waterfowl. On the Gordon W. Yeager Wildlife Management Area, small game taken by firearms may only be taken with shotguns using No. 4 or smaller diameter shot.
Subp. 4. Areas with hunting, trapping, and firearms restrictions.
The Bayport Wildlife Management Area in Washington County, the Hastings Wildlife Management Area in Dakota County, and the Raguet Wildlife Management Area in Scott and Carver Counties are:
A. closed to the trapping of unprotected mammals, except when there is an open trapping season for a protected species;
B. closed to the possession of firearms unless unloaded and contained in a case, except that shotguns with only No. 4 buckshot or smaller diameter shot may be used during the small game season in posted areas; and
C. open to the possession and use of lawful archery equipment in designated hunting areas during established hunting seasons. In the Bayport Wildlife Management Area, all firearms will be allowed on the specified rifle range when supervised by the Minnesota Department of Corrections.
Subp. 5. Areas closed to hunting and trapping.
The Boerner Wildlife Management Area in Sibley County, the Buelow Wildlife Management Area in Steele County, the Bryson Wildlife Management Area in Freeborn County, the Chapa-Kak-Say-Za Wildlife Management Area in Steele County, and the Hutchinson Wildlife Management Area in McLeod County are closed to the hunting and trapping of all species. The Sand Prairie Wildlife Management Area in Sherburne County is closed to the hunting and trapping of all species, except hunting by individuals with disabilities participating in a special hunt.
Subp. 6. Areas closed to hunting only.
The following wildlife management areas are closed to the hunting of all species:
A. Hearding Island and Interstate Island Wildlife Management Areas in St. Louis County;
B. Pine City Wildlife Management Area in Pine County;
C. Wesley E. Olson Wildlife Management Area in Big Stone County;
D. Tom Cliff Wildlife Management Area in Waseca County;
E. Somsen Wildlife Management Area in Brown County;
F. that portion of the Perched Valley Wildlife Management Area located in Section 6, Township 112 North, Range 13 West, and Section 31, Township 113 North, Range 13 West, lying north and east of Highway 61; and
G. Carl and Verna Schmidt and Bur Oak Wildlife Management Areas in LeSueur County.
Subp. 7. Areas open to waterfowl hunting only.
The Gold Portage Wildlife Management Area in Koochiching and St. Louis Counties is open to waterfowl hunting during the established season. It is closed to all other hunting and to trapping.
Subp. 8. Areas open to hunting beginning with the opening of waterfowl season.
The Uppgaard Wildlife Management Area in Crow Wing County is open to hunting and trapping beginning on the opening date of the regular migratory waterfowl season. Unprotected species may not be taken, except during the same time and by the same methods legal to take protected species.
Subp. 9. Areas closed to firearms deer hunting.
The Lake Blanche Wildlife Management Area in Otter Tail County, the Gordon W. Yeager Wildlife Management Area in Olmsted County, a portion of the Timber Lake Wildlife Management Area (as posted) in Jackson County, and a portion of the Gores Pool Wildlife Management Area (as posted) in Dakota County are closed to firearms deer hunting. Small game taken by firearms on a portion of Gores Pool Wildlife Management Area in Dakota County that is posted with firearms restrictions may only be taken with shotguns using BBB or smaller diameter shot.
Subp. 10. Areas closed to trapping only.
The Pike Bay Wildlife Management Area in St. Louis County is closed to the trapping of all species.
Subp. 11. Areas with other restrictions.
A. The Schrafel Wildlife Management Area in Mower County is closed to trapping and firearms hunting.
B. The Hvoslef Wildlife Management Area in Fillmore County is open to archery hunting only from September 1 to October 31 and during the spring wild turkey seasons. Firearms hunting, except the use of centerfire rifles, is allowed from November 1 to December 15.
C. The Bass Brook Wildlife Management Area in Itasca County is closed to trapping and firearms hunting. It is open to archery deer hunting.
D. The Mentel Wildlife Management Area in Mower County is closed to all firearms hunting, but open for trapping and archery hunting.
Subp. 12. Sanctuary areas open to hunting.
The following sanctuary areas of wildlife management areas posted with "Wildlife Sanctuary Do Not Trespass" signs are open for hunting as specified:
A. The Talcot Lake Wildlife Management Area Sanctuary is open for deer hunting by persons with disabilities at designated stands, by permit, during the established state seasons.
B. The Carlos Avery Wildlife Management Area sanctuaries are open for:
Subp. 13. Lead shot prohibited on posted managed dove fields.
A person may not use or possess lead shot while hunting doves on posted managed dove fields in state wildlife management areas.
History
- Statutory Authority: MS s 86A.06; 97A.045; 97A.137; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 19 SR 2222; 22 SR 292; 24 SR 644; 30 SR 613; 34 SR 621; 35 SR 2014; 36 SR 1155
Minn. R. 6230.0250 General Provisions for Use of Wildlife Management Areas
Subpart 1.
[Repealed, 39 SR 1006]
Subp. 2. Reporting.
The commissioner may require persons to report animals taken within wildlife management areas and submit them for inspection.
Subp. 3. Nuisance animals.
Unprotected wild animals may not be taken within wildlife management areas from March 1 to August 31, except by a person lawfully hunting a protected species. Nuisance animals in wildlife management areas may be controlled under permits issued by a wildlife manager.
Subp. 4. Compatible uses and exceptions.
Wildlife management areas may be used for wildlife observation, sport fishing, hiking, snowshoeing, and other resource-related uses if the uses are not inconsistent with parts 6230.0250 to 6230.0270. Exceptions to this part for specific wildlife management areas are provided by parts 6230.0100 and 6230.0200.
Subp. 5. Entry and hours of use.
A person may not enter a portion of a wildlife management area posted closed to trespass, except as posted or as otherwise authorized by an agent of the commissioner. Wildlife management areas may not be entered or used during closed hours posted at the major access points, except by permit.
Subp. 6. Harvest of bait.
Taking minnows, leeches, and other live bait for noncommercial use is allowed. Harvest of live bait for commercial purposes within a wildlife management area is allowed only under permit issued by the wildlife manager.
Subp. 7. Overnight use.
A person may not camp on or remain in a vehicle overnight in any wildlife management area, except by permit or where posted for this use by the commissioner. A person may not leave a vehicle, trailer, or tent overnight within a wildlife management area, except by permit or in areas and at times designated by signs for overnight use. A vehicle, trailer, or tent lawfully left overnight must be occupied or attended.
Subp. 8. Alcoholic beverages.
A person may not consume alcoholic beverages within a wildlife management area, except when lawfully occupying an overnight use area.
Subp. 9. Use of motorboats.
Motorboat use is prohibited within a wildlife management area, except where posted or as provided in this subpart. For purposes of this chapter, "motorboat" includes motorboats as defined in Minnesota Statutes, section 86B.005, subdivision 9, and duckboats with motors attached.
A. Gores Wildlife Management Area in Dakota and Goodhue Counties: motorboats may be used with no limit on size.
B. Lac qui Parle Wildlife Management Area in Big Stone, Chippewa, Lac qui Parle, and Swift Counties: motorboats may be used with no limit on size.
C. Mud-Goose Wildlife Management Area in Cass County: motorboats of ten horsepower or less may be used, except during any waterfowl season.
D. Orwell Wildlife Management Area in Otter Tail County: motorboats of ten horsepower or less may be used.
E. Roseau River Wildlife Management Area in Roseau County: motorboats may be used in the main channel and oxbows of the Roseau River. Motorboats of ten horsepower or less may be used elsewhere within the area only during a waterfowl season.
F. Talcot Lake Wildlife Management Area in Cottonwood and Murray Counties: motorboats may be used on Talcot Lake, except watercraft are not permitted on the north one-half of Talcot Lake during any waterfowl season. Only nonmotorized watercraft are permitted on the river and marshes within the areas open to public hunting.
G. Thief Lake Wildlife Management Area in Marshall County: motorboats of ten horsepower or less may be used.
H. Walnut Lake Wildlife Management Area in Faribault County: motorboats of ten horsepower or less may be used in that portion of the area known as South Walnut Lake.
I. Gold Portage Wildlife Management Area in Koochiching and St. Louis Counties: motorboats may be used with no limit on size.
J. Swamp River Wildlife Management Area in Cook County: motorboats may be used with no limit on size.
K. Chub Lake Wildlife Management Area in Dakota County: motorboats may be used with no limit on size.
L. Spring Lake Islands Wildlife Management Area in Dakota County: motorboats may be used with no limit on size.
Subp. 10. General restrictions on vehicles.
A. A person may not operate an all-terrain vehicle, hang glider, air boat, hover craft, or personal watercraft defined in Minnesota Statutes, section 86B.005, within the boundaries of a wildlife management area. Exceptions for all-terrain vehicle use include:
B. A person may not operate a snowmobile in a wildlife management area in that part of the state lying south and west of the line described in this item, except as provided in part 6232.0300, subpart 7, by permit from the area wildlife manager, as provided in item C, or as otherwise posted: U.S. Highway 2 from East Grand Forks east to Bemidji; thence south along U.S. Highway 71 to Wadena; thence east along U.S. Highway 10 to Staples and U.S. Highway 210 to Carlton; thence east in a straight line to the easterly boundary of the state.
C. A person may use a motor vehicle, for ice fishing purposes only, on the following lakes, except where posted closed to motor vehicles:
D. A vehicle may not be parked in a wildlife management area in front of a gate or in a manner that obstructs travel.
Subp. 11. Motor vehicles on major areas.
Motor vehicles licensed for use on a public highway may be operated up to 20 miles per hour within the following wildlife management areas, unless posted otherwise:
A. Carlos Avery Wildlife Management Area in Anoka and Chisago Counties;
B. Talcot Lake Wildlife Management Area in Cottonwood and Murray Counties;
C. Mille Lacs Wildlife Management Area in Kanabec and Mille Lacs Counties;
D. Red Lake Wildlife Management Area in Beltrami and Lake of the Woods Counties;
E. Roseau River Wildlife Management Area in Roseau County;
F. Thief Lake Wildlife Management Area in Marshall County;
G. Lac qui Parle Wildlife Management Area in Big Stone, Chippewa, Lac qui Parle, and Swift Counties; and
H. Whitewater Wildlife Management Area in Olmsted, Wabasha, and Winona Counties. Vehicles may be operated only on established roads and may not be driven beyond signs prohibiting vehicular use, beyond any constructed vehicle barrier, or in a reckless or careless manner.
Subp. 12. Motor vehicles within other areas.
Motor vehicles licensed for use on a public highway are prohibited within all other wildlife management areas, except that they may be operated up to 20 miles per hour on those routes designated by signs for travel purposes.
Subp. 13. Aircraft.
Aircraft activities that chase, herd, scare, or otherwise disturb wildlife are prohibited over wildlife management areas, except in emergencies or by authorization of the wildlife manager.
Subp. 14. Firearms and target shooting.
Target, trap, skeet, or indiscriminate shooting is prohibited within a wildlife management area except as authorized by the commissioner. A person may not possess an uncased or loaded firearm or an uncased and strung bow, except when lawfully taking a wild animal or by permit from the area wildlife manager. Discharge of firearms or bows and arrows or possession of uncased firearms or bows is prohibited in areas posted closed to discharge or possession of firearms and bows. A person training a dog on a wildlife management area may not use live ammunition or blank cartridges, including the use of blanks in dummy launchers or similar devices designed to use an explosive charge to propel a retrieving dummy or similar object.
Subp. 15. Structures.
A person may not construct or maintain a building, dock, fence, billboard, sign, or other structure within a wildlife management area. Temporary waterfowl blinds may be erected but may not be used to preempt a hunting location. Materials brought into the area for the construction of blinds must be removed from the area each day at the close of shooting hours.
Subp. 16. Stands.
It is unlawful to construct, occupy, or use any elevated scaffold or stand to watch for or take wild animals in a wildlife management area, except that portable stands may be used if they are removed each day at the close of shooting hours and do no permanent damage. Spikes or nails driven into trees are prohibited but screwing or clamping devices are allowed if removed each day at the close of shooting hours.
Subp. 17. Commercial and private business prohibited.
A person may not conduct any commercial operation, solicit business, farm, or keep bees within a wildlife management area, except as provided in subpart 6 or by contract, lease, permit, or written agreement with the department.
Subp. 18. Disorderly conduct.
Disorderly conduct, as defined in Minnesota Statutes, section 609.72, is prohibited within a wildlife management area.
Subp. 19. Abandonment of trash and property.
The disposal or abandonment of garbage, trash, spoil, sludge, rocks, vehicles, carcasses, or other debris and the abandonment or storage of property within a wildlife management area is prohibited. Boats, decoys, or other property may not be left unattended overnight, except as follows:
A. traps lawfully placed; and
B. fish houses or dark houses on the following lakes:
Subp. 20. Destruction or removal of property.
A person may not destroy, disturb, or remove any plants, trees, or other vegetative material, or signs, posts, fences, gates, buildings, or other property in a wildlife management area, except that wetland vegetation may be used to build blinds and edible fruits or seeds and decorative portions of plants may be removed for personal use. A person may not destroy or remove threatened or endangered plants or animals as defined in chapter 6134.
Subp. 21. Introduction of plants or animals.
A person may not release, place, or transplant in a wildlife management area any plant or animal life within a wildlife management area that did not originate within the area, unless approved by the wildlife manager.
Subp. 22. Animal trespass.
A person may not permit or allow livestock, horses, or other domestic animals within a wildlife management area, except:
A. dogs accompanied by or under the control of the owner, except from April 16 through July 14 when dogs must be on a leash; or
B. under a cooperative agreement or permit approved by the wildlife manager. Field trials are prohibited, except by permit from the wildlife manager.
Subp. 23. Department operations excluded.
This part does not apply to persons lawfully engaged in the performance of their duties in the management and administration of wildlife management areas, including agents of the commissioner, persons operating under permit or contract with the department, and law enforcement officers. Subparts 5 and 8 do not apply to resident managers or their guests while at their residences.
History
- Statutory Authority: MS s 14.06; 86A.06; 97A.137; L 2023 c 60 art 4 s 98; art 4 s 103
- History: 18 SR 83; 19 SR 2222; 20 SR 2287; 24 SR 644; 30 SR 613; 36 SR 1155; 39 SR 1006; 48 SR 697
Minn. R. 6230.0260 Red Lake Wildlife Management Area, Beltrami and Lake of the Woods Counties
The Red Lake Wildlife Management Area in Beltrami and Lake of the Woods Counties, consists of that part of the state lying within the following described boundary:
All of Townships 155 and 156 North, Ranges 34 and 35 West: and
All of Townships 157 and 158 North, Ranges 34 and 35 West and those parts of Township 159 North, Ranges 34, 35, and 36 West, Townships 157, 158, and 159 North, Range 36 West, and Township 157 North, Ranges 32 and 33 West included in the following described boundary to wit:
Beginning at the southeast corner of Section 36, Township 157 North, Range 36 West; thence westerly along the line common to Townships 156 and 157 North to the easterly right-of-way line of State Forest Road 49 known as Dick's Parkway; thence in a generally northerly direction along the easterly boundary of said road as it crosses Townships 157, 158, and 159 North, Range 36 West to the northwest corner of Section 20, Township 159 North, Range 36 West: thence along the southerly right-of-way line of State Forest Road 58 known as the Hogsback-O'Brian Road extending in a generally easterly direction across Township 159 North, Ranges 36, 35, 34 West to the northeast corner of Section 24, Township 159 North, Range 34 West: thence southerly along the westerly right-of-way line of State Forest Road 94 known as the Range Line Road following in general the line common to Ranges 33 and 34 West to the northeast corner of Section 13, Township 157 North, Range 34 West; thence along the southerly right-of-way line of State Forest Road 60 known as the Rapid River Road extending in a generally easterly, southerly, and northeasterly direction to the northeast corner of Section 12, Township 157 North, Range 32 West: thence southerly along the line common to Ranges 31 and 32 West to the southeast corner of Section 36, Township 157 North, Range 32 West, thence westerly along the line coin to Townships 156 and 157 North to the point of beginning.
History
- Statutory Authority: MS s 97A.135
- History: 18 SR 83
Minn. R. 6230.0270 Gold Portage Wildlife Management Area, Koochiching and St. Louis Counties
Subpart 1. Gold Portage Wildlife Management Area description.
The Gold Portage Wildlife Management Area, Koochiching and St. Louis Counties, consists of that part of the following described lands and waters:
All water areas of Rainy Lake within the fluctuating waterline level and located within Sections 7 and 18 in Township 70 North, Range 21 West of the Fourth Principal Meridian, and within Sections 12, 13, and 24 in Township 70 North, Range 22 West of the Fourth Principal Meridian. All islands within the above water areas of Rainy Lake, which would be definable as islands at a water level of 1,108.1 feet mean sea level, or higher, are also included in the management zone even though not technically islands below the referenced level.
Subp. 2. Special provisions for Gold Portage Wildlife Management Area.
Taking species other than migratory birds and fish within the Gold Portage Wildlife Management Area is prohibited and portable stands may not be erected or used within the wildlife management area.
History
- Statutory Authority: MS s 86A.06; 97A.045; 97A.135; 97A.137
- History: 18 SR 83
Minn. R. 6230.0280 Rothsay Wildlife Management Area
The Rothsay Wildlife Management Area Sanctuary in Wilkin County is open to deer hunting during the established seasons in the zones in which it is located.
History
- Statutory Authority: MS s 97A.137; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6230.0290 Becklin Homestead Park Wildlife Management Area
The Becklin Homestead Park Wildlife Management Area is open to hunting and trapping during the established seasons only to disabled hunters and trappers who meet the requirements of Minnesota Statutes, section 97B.055, subdivision 3, paragraphs (a) and (b).
History
- Statutory Authority: MS s 86A.06; 97A.137
- History: 34 SR 621
Minn. R. 6230.0295 Vermillion Highlands Wildlife Management Area
Subpart 1. Hunting.
The Vermillion Highlands Wildlife Management Area located in Dakota County is closed to all hunting and trapping except:
A. archery, firearms, and muzzleloader deer hunting by special permit only;
B. pheasant and Canada goose hunting starting on the day following the close of the muzzleloader deer season through the end of the respective statewide seasons;
C. trapping by special permit only; and
D. spring turkey hunting.
Subp. 2. Restrictions on hunting.
Persons may not hunt pheasants within the Vermillion Highlands Wildlife Management Area except when their vehicles are occupying designated pheasant hunting parking stalls in designated parking lots. Persons other than those hunting pheasants in the Vermillion Highlands Wildlife Management Area may not occupy a designated pheasant hunting parking stall in a designated parking lot.
History
- Statutory Authority: MS s 86A.06; 97A.045; 97A.137; 97A.401
- History: 34 SR 621; 36 SR 1155
Minn. R. 6230.0300 Permit Required to Trap Beaver and Otter
A person may not trap beaver or otter within any state-owned game refuge without first obtaining a permit from the appropriate wildlife manager.
History
- Statutory Authority: MS s 97A.045; 97A.091
- History: 18 SR 83
Minn. R. 6230.0400 Special Provisions for State Game Refuges
Subpart 1. Albert Lea Game Refuge, Freeborn County.
The Albert Lea Game Refuge in Freeborn County is open to:
A. small-game hunting, except waterfowl;
B. trapping;
C. deer and bear hunting by firearms; and
D. deer and bear hunting by archery.
Subp. 2. Bemidji Game Refuge, Beltrami County.
The Bemidji Game Refuge in Beltrami County is open to:
A. small-game hunting, except waterfowl, through the Thursday nearest November 4 and after the close of the 200 Series firearms deer season;
B. Canada goose hunting during the early goose season, except on Lake Bemidji, the Mississippi River, and Stump Lake;
C. trapping for beaver, mink, otter, and muskrat only; and
D. deer hunting during the muzzleloader season and deer and bear hunting by archery.
Subp. 3. Camp Ripley State Game Refuge, Morrison County.
Hunting in the Camp Ripley State Game Refuge in Morrison County is allowed only by permit as provided by parts 6232.0900 to 6232.1100.
Subp. 4. Claremont Game Refuge, Dodge County.
The Claremont Game Refuge in Dodge County is open to:
A. small-game hunting, except ducks and mergansers;
B. trapping;
C. deer hunting by muzzleloader during the muzzleloader season; and
D. deer and bear hunting by archery.
Subp. 5. Clay County Game Refuge, Clay County.
The Clay County Game Refuge in Clay County is open to:
A. prairie chickens;
B. deer and bear hunting by firearms;
C. deer and bear hunting by archery; and
D. Canada goose hunting during the early goose season.
Subp. 6. Clearbrook Game Refuge, Clearwater County.
The Clearbrook Game Refuge in Clearwater County is open to:
A. small-game hunting, except waterfowl, through December 31;
B. trapping through December 31;
C. deer and bear hunting by firearms; and
D. deer and bear hunting by archery.
Subp. 7. Cross Lake Game Refuge, Crow Wing County.
The Cross Lake Game Refuge in Crow Wing County is open to:
A. trapping; and
B. deer and bear hunting by archery.
Subp. 8. East Minnesota River Game Refuge, Blue Earth and Le Sueur Counties.
The East Minnesota River Game Refuge in Blue Earth and Le Sueur Counties is open to deer, wild turkey, and bear hunting by archery.
Subp. 9. Elizabeth and German Lake Game Refuges, Isanti County.
The Elizabeth and German Lake Game Refuges in Isanti County are open to all hunting and trapping, except waterfowl. The refuges are open for goose hunting during the early goose season. Youth who are accompanied by a nonhunting adult and participating in a mentoring program approved by the commissioner may hunt waterfowl on youth waterfowl day.
A. small-game hunting, except waterfowl;
B. trapping;
C. deer and bear hunting by firearms; and
D. deer and bear hunting by archery.
Subp. 10. Erhard's Grove Game Refuge, Otter Tail County.
The Erhard's Grove Game Refuge in Otter Tail County is open to:
A. deer and bear hunting by firearms;
B. deer and bear hunting by archery; and
C. small-game hunting, except waterfowl.
Subp. 11. Evansville Game Refuge, Douglas County.
The Evansville Game Refuge in Douglas County is open to:
A. trapping;
B. Canada goose hunting during the early goose season; and
C. deer and bear hunting by firearms.
Subp. 12. Fish Lake-Ann River Game Refuge, Kanabec County.
The Fish Lake-Ann River Game Refuge in Kanabec County is open to all hunting and trapping, except waterfowl.
Subp. 13. Fox Lake Game Refuge, Martin County.
The Fox Lake Game Refuge in Martin County is open to:
A. small-game hunting, except waterfowl;
B. trapping;
C. special goose hunts;
D. deer and bear hunting by firearms; and
E. deer and bear hunting by archery.
Subp. 14.
[Repealed, 34 SR 621]
Subp. 15. Glencoe Izaak Walton League Game Refuge, McLeod County.
The Glencoe Izaak Walton League Game Refuge in McLeod County is open to trapping.
Subp. 16. Gopher Campfire Game Refuge, McLeod County.
The Gopher Campfire Game Refuge in McLeod County is open to trapping.
Subp. 17. Hanley Falls Game Refuge, Yellow Medicine County.
The Hanley Falls Game Refuge in Yellow Medicine County is open to deer and bear hunting by archery.
Subp. 18. Hiawatha Game Refuge, Pipestone County.
The Hiawatha Game Refuge in Pipestone County is open to:
A. small-game hunting, except waterfowl, by shotgun only;
B. trapping; and
C. deer and bear hunting by archery.
Subp. 19. Howard Lake Game Refuge, Wright County.
The Howard Lake Game Refuge in Wright County is open to trapping.
Subp. 20. Itasca State Park, Becker, Clearwater, and Hubbard Counties.
Itasca State Park in Becker, Clearwater, and Hubbard Counties is open to firearms deer hunting, except where posted as closed.
Subp. 21. Lac qui Parle Game Refuge, Chippewa and Lac qui Parle Counties.
The following special provisions apply to the Lac qui Parle Game Refuge, Chippewa and Lac qui Parle Counties:
A. Those portions within the Lac qui Parle Mission Site are closed to hunting. The remainder of the refuge is open to:
B. No unauthorized person may trespass during the dates posted on any part of the refuge posted with "State Wildlife Sanctuary - Do Not Trespass" signs, except for:
C. A person may not enter onto Rosemoen Island at any time during the year, except as specifically authorized.
D. Designated hunting stations within the refuge must be spaced no less than 200 yards apart and must be no more than 125 yards inside the refuge, as measured from the posted boundary.
Subp. 22. Lake Ripley Game Refuge, Meeker County.
The Lake Ripley Game Refuge in Meeker County is open to:
A. small-game hunting, except waterfowl, after the duck season; and
B. trapping after the duck season.
Subp. 23. Lake Winona Game Refuge, Douglas County.
The Lake Winona Game Refuge in Douglas County is open to trapping.
Subp. 24. Linn Lake Game Refuge, Chisago County.
The Linn Lake Game Refuge in Chisago County is open to all hunting and trapping.
Subp. 25. Little Pine Lake Game Refuge, Otter Tail County.
The Little Pine Lake Game Refuge in Otter Tail County is open to trapping.
Subp. 26. Lost Lake Game Refuge, Fillmore County.
The Lost Lake Game Refuge in Fillmore County is open to:
A. small-game hunting;
B. trapping;
C. deer and bear hunting by firearms; and
D. deer and bear hunting by archery.
Subp. 27. Lower Pigeon Lake Game Refuge, Itasca County.
The Lower Pigeon Lake Game Refuge in Itasca County is open to:
A. deer and bear hunting by firearms; and
B. deer and bear hunting by archery.
Subp. 28. Madelia Game Refuge, Watonwan County.
The Madelia Game Refuge in Watonwan County is open to:
A. small-game hunting;
B. trapping;
C. deer and bear hunting by firearms; and
D. deer and bear hunting by archery.
Subp. 29.
[Repealed, 30 SR 613]
Subp. 30. Moscow Game Refuge, Freeborn County.
The Moscow Game Refuge in Freeborn County is open to:
A. small-game hunting, except ducks and mergansers;
B. trapping;
C. deer and bear hunting by firearms; and
D. deer and bear hunting by archery.
Subp. 31. Nerstrand Woods Game Refuge, Rice County.
That portion of the Nerstrand Woods Game Refuge in Rice County that is within the Nerstrand Big Woods State Park and the Prairie Creek Woods Scientific and Natural Area is open to deer hunting by muzzleloader special permit only. The remainder of the refuge is open to:
A. small-game hunting, except waterfowl;
B. trapping;
C. deer and bear hunting by firearms; and
D. deer and bear hunting by archery.
Subp. 32. Oak Lake Game Refuge, Polk County.
The Oak Lake Game Refuge in Polk County is open to trapping.
Subp. 33. Ocheda Lake Game Refuge, Nobles County.
The Ocheda Lake Game Refuge in Nobles County is open to:
A. small-game hunting, except from the first day of the regular duck season through December 1;
B. trapping;
C. waterfowl hunting on youth waterfowl day;
D. Canada goose hunting during the early season and from the first Saturday in December through the end of the statewide goose season, except that hunting is prohibited within 100 yards of surface water during the early goose season; and
E. deer hunting by firearms and archery, except from the first day of the regular duck season through December 1.
Subp. 34. Park Rapids Game Refuge, Hubbard County.
The Park Rapids Game Refuge in Hubbard County is open to trapping and deer hunting by archery.
Subp. 35. Paul Bunyan Game Refuge, Hubbard County.
The Paul Bunyan Game Refuge in Hubbard County is open to:
A. small-game hunting, except waterfowl, through the Thursday nearest November 4 and after the close of the 200 Series firearms deer season;
B. trapping;
C. deer hunting by muzzleloader during the muzzleloader season; and
D. deer and bear hunting by archery.
Subp. 36. Pigeon River Flowage Game Refuge, Itasca County.
The Pigeon River Flowage Game Refuge in Itasca County is open to:
A. deer and bear hunting by firearms; and
B. deer and bear hunting by archery.
Subp. 37. Pine County Game Refuge Unit 2, Pine County.
The Pine County Game Refuge Unit 2 in Pine County is open to:
A. small-game hunting;
B. trapping; and
C. deer and bear hunting by archery.
Subp. 38. Polk-Clearwater Game Refuge, Polk and Clearwater Counties.
The Polk-Clearwater Game Refuge in Polk and Clearwater Counties is open to:
A. trapping; and
B. deer and bear hunting by archery.
Subp. 39. Rochester Refuge, Olmsted County.
The Rochester Refuge in Olmsted County is open to:
A. small-game hunting, except waterfowl other than geese. Geese may be taken during the early goose season only;
B. trapping;
C. deer and bear hunting by firearms and bow and arrow; and
D. the taking of unprotected wild animals at any time and by any legal method.
Subp. 40. St. Croix River Game Refuge, Washington County.
The St. Croix Game Refuge in Washington County is open to:
A. small-game hunting;
B. trapping;
C. deer and bear hunting by firearms; and
D. deer and bear hunting by archery.
Subp. 41. St. James Game Refuge, Watonwan County.
The St. James Game Refuge in Watonwan County is open to:
A. trapping; and
B. special goose hunts.
Subp. 42. Sand Dunes Game Refuge, Sherburne County.
The Sand Dunes Game Refuge in Sherburne County is open to:
A. small-game hunting;
B. trapping;
C. deer and bear hunting by firearms; and
D. deer and bear hunting by archery.
Subp. 43. Schoolcraft Game Refuge, Hubbard County.
The Schoolcraft Game Refuge in Hubbard County is open to:
A. small-game hunting, except waterfowl, through the Thursday nearest November 4;
B. trapping; and
C. deer and bear hunting by archery.
Subp. 44. Stearns County Game Refuge, Stearns County.
The Stearns County Game Refuge in Stearns County is open to:
A. small-game hunting;
B. trapping;
C. deer and bear hunting by firearms; and
D. deer and bear hunting by archery.
Subp. 45. Stillwater Game Refuge, Washington County.
The Stillwater Game Refuge in Washington County is open to:
A. small-game hunting;
B. trapping;
C. deer and bear hunting by firearms; and
D. deer and bear hunting by archery.
Subp. 46. Sunnyside Township Game Refuge, Wilkin County.
The Sunnyside Township Game Refuge in Wilkin County is open to trapping.
Subp. 47. Swan Lake Number 2 Game Refuge, Nicollet County.
The Swan Lake Number 2 Game Refuge in Nicollet County is open to:
A. small-game hunting;
B. trapping;
C. deer and bear hunting by firearms; and
D. deer and bear hunting by archery.
Subp. 48. Talcot Lake Waterfowl Refuge, Cottonwood County.
A. Waterfowl hunting, in an area adjacent to the Talcot Lake Waterfowl Refuge in Cottonwood County, is prohibited within the right-of-way of State Trunk Highway 62 from the Cottonwood-Murray county line on the west to the junction with County State-Aid Highway 7, Cottonwood County, on the east.
B. The Talcot Lake State Waterfowl Refuge is open to goose hunting by persons with disabilities at designated hunting stations. Hunters with disabilities may reserve designated stations according to regulations available at the Talcot Lake Wildlife Management Area Headquarters. All other applicable controlled hunt regulations in parts 6230.0500 and 6230.1100 apply to persons hunting at these stations.
Subp. 49. Warroad Game Refuge, Roseau County.
The Warroad Game Refuge in Roseau County is open to trapping.
Subp. 50. Whitewater Game Refuge, Winona County.
The Whitewater Game Refuge in Winona County is open to:
A. small-game hunting, except waterfowl;
B. trapping by permit; and
C. firearms deer hunting only by permit.
Subp. 51. Bellwood Game Refuge, Dakota County.
The Bellwood Game Refuge in Dakota County is open to:
A. trapping; and
B. deer and bear hunting by archery.
Subp. 52. Anoka and Isanti Counties Game Refuge, Anoka and Isanti Counties.
The Anoka and Isanti Counties Game Refuge in Anoka and Isanti Counties is open to archery deer hunting and archery turkey hunting.
Subp. 53. Austin Game Refuge, Mower County.
The Austin Game Refuge in Mower County is open to all hunting and trapping.
Subp. 54. Mud-Bardwell Game Refuge, Martin County.
The Mud-Bardwell Game Refuge in Martin County is open to special goose hunts.
Subp. 55. Collegeville (St. John's) Game Refuge, Stearns County.
The Collegeville (St. John's) Game Refuge in Stearns County is open to firearms deer and bear hunting during the established seasons, by written permission of the landowner.
Subp. 56. Carleton Game Refuge, Dakota and Rice Counties.
The Carleton Game Refuge in Dakota and Rice Counties is open for deer hunting by archery from the fourth Thursday in November to December 31, by written permission of the landowner.
Subp. 57. Talcot Lake Game Refuge, Cottonwood County.
The following special provisions apply to the Talcot Lake Game Refuge, Cottonwood County.
A. Those portions within the Talcot Lake Game Refuge that are posted to prohibit trespassing are closed to hunting. The remainder of the refuge is open to waterfowl hunting during the open Canada goose seasons only at designated hunting stations as provided by parts 6230.0500 to 6230.1100.
B. Designated hunting stations within the refuge must be spaced no less than 200 yards apart and must be no more than 100 yards inside the refuge, as measured from the posted boundary.
Subp. 58. Clear Lake Game Refuge, Sherburne County.
The Clear Lake Game Refuge in Sherburne County is open to:
A. deer hunting by firearms; and
B. deer hunting by archery.
Subp. 59. Lake Bemidji State Park, Beltrami County.
The southern unit of Lake Bemidji State Park, located within the city limits of Bemidji, is open to deer hunting by archery.
Subp. 60. Cedar Lake Game Refuge, Stearns County.
The Cedar Lake Game Refuge in Stearns County is open to archery, firearms, and muzzleloader deer hunting.
History
- Statutory Authority: MS s 86A.06; 97A.091; and others at 19 SR 6
- History: 19 SR 484; 19 SR 2222; 20 SR 2287; 22 SR 292; 24 SR 644; 30 SR 613; 34 SR 621; 35 SR 505; 36 SR 1155
Minn. R. 6230.0500 General Regulations for Controlled Hunting Zones
The following regulations apply to all persons within a controlled hunting zone during the open Canada goose seasons or as otherwise specified in parts 6230.0600 to 6230.1100:
A. Except for the retrieval of downed birds, the taking of waterfowl is limited to the area within ten feet of each designated hunting station provided a person complies with all other refuge and trespass regulations.
B. Only one hunting group, consisting of no more than three hunters, may occupy a designated hunting station at a time.
C. Persons occupying a hunting station must fulfill all license requirements to hunt waterfowl.
D. A person may not leave any refuse, offal, or feathers on public lands in the controlled hunting zone or in any parking lot.
E. Alcoholic beverages may not be consumed or possessed at any of the hunting stations on public lands.
F. A person may not loiter in areas between the designated hunting stations on public lands.
G. On public lands, dogs must be on a leash except within ten feet of stations or while retrieving, and must be under control at all times.
H. On public lands, after each party member has bagged a limit of Canada geese, or expended a limit of shells, the party must promptly leave the station.
I. No trailers of any kind are allowed in designated parking lots.
History
- Statutory Authority: MS s 97A.092; and others at 19 SR 6
- History: 19 SR 484; 22 SR 292; 24 SR 644
Minn. R. 6230.0600 Descriptions of Controlled Hunting Zones
Subpart 1. Establishment of controlled hunting zones.
Controlled hunting zones with designated hunting stations are established on portions of or adjacent to certain wildlife management areas and game refuges as described.
Subp. 2. Thief Lake Zone, Marshall County.
On the Thief Lake Wildlife Management Area in Marshall County, the controlled hunting zone includes the following:
The Southwest Quarter of Section 8, the Northwest Quarter of the Southwest Quarter (NW 1/4 SW 1/4) of Section 9, the Northwest Quarter of the Southwest Quarter (NW 1/4 SW 1/4) of Section 11, the West Half (W 1/2) of Section 17, and the Northwest Quarter (NW 1/4) of Section 20; as well as portions of the South Half of the Southeast Quarter (S 1/2 SE 1/4) of Section 8, the South Half of the South Half (S 1/2 S 1/2) of Section 9, the South Half (S 1/2) of Section 10, the South Half of the South Half (S 1/2 S 1/2) of Section 11, the Northwest Quarter of the Southeast Quarter (NW 1/4 SE 1/4) of Section 20, Township 158 North, Range 41 West.
Subp. 3. Lac qui Parle zones, Chippewa and Lac qui Parle Counties.
A. On the Lac qui Parle Wildlife Management Area in Chippewa and Lac qui Parle Counties, the controlled hunting zone includes the following: The Northwest Quarter of the Southwest Quarter (NW 1/4 SW 1/4) and the Southeast Quarter of the Southwest Quarter (SE 1/4 SW 1/4) of Section 32, Township 119 North, Range 42 West, and the Northwest Quarter of the Northeast Quarter (NW 1/4 NE 1/4) and the East Half of the Northwest Quarter (E 1/2 NW 1/4) of Section 5, Township 118 North, Range 42 West, all in Lac qui Parle County. And also the East Half of the Northwest Quarter (E 1/2 NW 1/4), the East Half of the Southwest Quarter (E 1/2 SW 1/4) and the West Half of the West Half of the Southeast Quarter (W 1/2 W 1/2 SE 1/4) of Section 12, Township 118 North, Range 42 West, the Southeast Quarter of the Southwest Quarter (SE 1/4 SW 1/4), the Northeast Quarter (NE 1/4) except that part lying northeasterly of State Highway 7, the East Half of the Southeast Quarter (E 1/2 SE 1/4), and those parts of the Northwest Quarter (NW 1/4) owned by the state and posted as "Wildlife Management Area, Controlled Hunting Zone," all in Section 1, Township 118 North, Range 42 West, all in Chippewa County. And also all state owned land posted as "Wildlife Management Area, Controlled Hunting Zone" located between U.S. Highways 7 and 59 and County State-Aid Highways 32 and 33, Chippewa County, in Sections 6 and 7, Township 118 North, Range 41 West, and Section 36, Township 119 North, Range 42 West, all in Chippewa County.
B. On the Lac qui Parle Game Refuge in Chippewa and Lac qui Parle Counties, the controlled hunting zone includes the 200 yard wide area which is outside of and immediately adjacent to the area within the following described boundary: Beginning at the intersection of County State-Aid Highway (CSAH) 13, Chippewa County, and CSAH 33, Lac qui Parle County, thence East along CSAH 13 to the southeast corner of Section 13, Township 118 North, Range 42 West, thence North along the township road to the northeast corner of said Section 13, thence West along the township road to the southeast corner of the West Half of the West Half of the Southeast Quarter (W 1/2 W 1/2 SE 1/4) of Section 12, Township 118 North, Range 42 West; and beginning at the northeast corner of the West Half of the Southwest Quarter (W 1/2 SW 1/4) of Section 12, Township 118 North, Range 42 West, thence West along the North side of said West Half of the Southwest Quarter (W 1/2 SW 1/4) of Section 12, Township 118 North, Range 42 West, to County Road 32, Chippewa County, thence North along County Road 32 to the intersection of CSAH 12, Chippewa County, thence West along CSAH 12 to the intersection of County Road 31, Chippewa County, thence along County Road 31 to State Trunk Highway 40; and beginning at the intersection of State Trunk Highway 40 and CSAH 33 in Lac qui Parle County, thence southeasterly along CSAH 33 to the intersection with CSAH 13, Chippewa County, the point of beginning.
C. Designated hunting stations are also established in Lac qui Parle State Recreation Area, Lac qui Parle County, where waterfowl hunting is permitted subject to the provisions of part 6230.0700.
Subp. 4. Elm Lake Zone, Marshall County.
On the Elm Lake Wildlife Management Area in Marshall County, the controlled hunting zone includes the following:
The North 200 yards of Sections 1 and 2, Township 155 North, Range 41 West, adjacent to the South boundary of the Agassiz National Wildlife Refuge.
Subp. 5. Roseau River Zone, Roseau County.
The following areas are included in the controlled hunting zones in the Roseau River Zone in Roseau County as posted:
A. On the Roseau River Wildlife Management Area in Roseau County, the controlled hunting area includes the following: The South Half of the South Half (S 1/2 S 1/2) of Section 12, and the South Half of the South Half (S 1/2 S 1/2) of Section 11, Township 163 North, Range 42 West.
B. On the Roseau River Game Refuge in Roseau County, the controlled hunting zone includes the 200 yard wide area which is east of and immediately adjacent to the following described portion of the refuge boundary: Beginning at the northeast corner of Section 1, Township 163 North, Range 42 West; thence South 1-3/4 miles along County State-Aid Highway 3 to the southeast corner of the North Half of the Southeast Quarter (N 1/2 SE 1/4) of Section 12, Township 163 North, Range 42 West.
Subp. 6. Rochester Zone, Olmsted County.
On the Rochester Game Refuge in Olmsted County, the controlled hunting zone includes the 200 yard wide area lying outside of the refuge and immediately adjacent to the following described portion of the refuge boundary:
Beginning at the intersection of County State-Aid Highway 117 and County Road 8; thence along the southern, western and northern boundaries of the refuge to the center of Section 18, Township 107 North, Range 13 West.
Subp. 7. Talcot Lake Zone, Cottonwood County.
On the Talcot Lake Game Refuge and Sanctuary in Cottonwood County, the controlled hunting zones include the East Side Zone and the West Side Zone:
A. The East Side Zone is:
B. The West Side Zone is the 200 yard wide area which is west and north of and immediately adjacent to the following described boundaries as posted: Starting at a point on the north shore of Talcot Lake 600 feet east of the west line of Section 19, Cottonwood County, Township 105 North, Range 38 West; thence North to the north line of Section 19, Township 105 North, Range 38 West; thence North to a point 325 feet north of the south line and 600 feet east of the west line of Section 18, Cottonwood County, Township 105 North, Range 38 West; thence due East to the north-south refuge line.
Subp. 8. Orwell Zone.
On the Orwell Wildlife Management Area Sanctuary in Otter Tail County, the controlled hunting zone includes the following:
The west 200 yards of Section 26, Township 132 North, Range 44 West, adjacent to County Road 15 from the northwest corner of the Orwell Wildlife Sanctuary South to the Otter Tail River.
History
- Statutory Authority: MS s 97A.091; 97A.092; and others at 19 SR 6
- History: 19 SR 484; 22 SR 292; 30 SR 613; 35 SR 2014
Minn. R. 6230.0700 Lac Qui Parle Special Provisions
Subpart 1. Time periods for special provisions.
In addition to the regulations provided by part 6230.0500, the following subparts apply to all persons in the Lac qui Parle controlled hunting zones during the open season for taking Canada geese in those zones.
Subp. 2. Hunting stations.
A. Only one hunting group, consisting of no more than three hunters, may occupy a designated hunting station at one time.
B. From the third Thursday in October through November 30, waterfowl and small-game hunters may reserve designated hunting stations according to regulations available at the Lac qui Parle Wildlife Management Area headquarters. Reservation dates may not be changed.
C. From December 1 through the end of the Canada goose season, waterfowl hunters must use designated hunting stations and use of the stations is on a first-come, first-served basis.
Subp. 3. Entry permit required.
From the third Thursday in October through November 30, on public lands, a person may not hunt migratory waterfowl or small game in the controlled hunting zone without first registering at the check station and obtaining an entry permit. Entry permits must be displayed as specified on the permit. Hunters age 18 or older will be charged a $3 daily fee for the Lac qui Parle entry permit. Failure to comply with the provisions of the permit or special provisions relating to the controlled hunt will result in immediate revocation of the permit for that day.
Subp. 4. Limitation on number of shells possessed.
Only persons hunting may bring shotgun shells into the controlled hunting zone. A waterfowl or small-game hunter may not bring in more than 12 shells per trip or have in possession more than 12 shells at any one time, except that small-game hunters may possess more than 12 shells beginning December 1.
Subp. 5. Firearms must be cased.
Waterfowl and small-game hunters must have firearms cased, except within ten feet of assigned hunting stations.
Subp. 6. Actions after taking bag limit.
Within one hour of hunt completion each party member must personally return their entry permit to the check station and report the harvest of geese.
Subp. 7. Limitation on number of trips.
Hunters are limited to one trip to the hunting stations before noon and one trip after noon each day.
Subp. 8. Restrictions on occupancy of designated parking lots and hunting stations.
A person may not park in or otherwise occupy a designated controlled hunting zone parking lot or occupy a hunting station from 10:00 p.m. to 5:00 a.m.
Subp. 9. Closed hunting stations.
A person may not occupy or hunt from a hunting station that is posted closed.
History
- Statutory Authority: MS s 97A.092; 97A.401; and others at 19 SR 6
- History: 19 SR 484; 24 SR 644; 30 SR 613; 34 SR 621; 36 SR 1155
Minn. R. 6230.0800 Thief Lake Special Provisions
Subpart 1. Time period for special provisions.
In addition to the regulations provided by part 6230.0500, the following subparts apply to waterfowl and small-game hunters in the Thief Lake Controlled Hunt Zone during all open waterfowl seasons, except that restrictions on small-game hunting apply only from the opening of the regular waterfowl season through the Monday nearest October 22.
Subp. 2. Designated hunting station.
Hunters must use designated hunting stations and on a first-come first-served basis. Hunters are limited to one trip to the hunting stations before noon and one trip after noon each day.
Subp. 3.
[Repealed, 30 SR 613]
Subp. 4. Firearms must be cased.
All firearms must be cased except within ten feet of the designated hunting station.
Subp. 5. Limitation on number of shells possessed.
Only persons hunting may bring shotgun shells into the controlled hunting zone. A hunter may not bring more than 12 shells per trip into the controlled hunting zone or have more than 12 shells in possession at any one time.
Subp. 6. Restrictions on occupancy of designated parking lots and hunting stations.
A person may not park in or otherwise occupy any designated controlled hunting zone parking lot or occupy any hunting station from 10:00 p.m. to 5:00 a.m.
Subp. 7. Closed hunting stations.
A person may not occupy or hunt from any hunting station that is posted closed.
History
- Statutory Authority: MS s 97A.092; and others at 19 SR 6
- History: 19 SR 484; 22 SR 292; 30 SR 613; 34 SR 621
Minn. R. 6230.0900 Orwell Special Provisions
Subpart 1. Time period for special provisions.
The general regulations in part 6230.0500 and the following subparts apply to all persons in the Orwell Controlled Hunting Zone during a migratory waterfowl season.
Subp. 2. Designated hunting stations.
Hunters may hunt only at the designated hunting stations having numbers corresponding to their parking stall number.
Subp. 3. Restrictions on entry to zone.
Persons may not enter the controlled hunting zone except when their vehicles are occupying numbered parking stalls in the designated parking lot in the controlled hunting zone. Persons other than those hunting at a designated station in the controlled hunting zone may not occupy a numbered stall in a designated parking lot.
Subp. 4. Firearms must be cased.
All firearms must be cased except within ten feet of a hunting station.
Subp. 5. Restrictions on occupancy of designated parking lot and hunting stations.
A person may not park in or otherwise occupy any parking stall in the designated parking lot or occupy any designated hunting station during any two consecutive days or from one hour after the close of daily waterfowl shooting hours to 8:00 p.m.
Subp. 6. Hunting prohibited.
Hunting, other than for waterfowl, is prohibited in the Orwell Controlled Hunting Zone.
History
- Statutory Authority: MS s 97A.092; and others at 19 SR 6
- History: 19 SR 484; 19 SR 2222; 22 SR 292
Minn. R. 6230.1000 Roseau River and Rochester Regulations
Subpart 1. Time period for special provisions.
In addition to the general regulations, the following subparts apply to all persons in the Roseau River and Rochester Controlled Hunting Zones during the open goose seasons.
Subp. 2. Limitations on persons hunting.
The wildlife manager may limit persons hunting to one day of hunting in every three if the manager determines that it is necessary to provide for the equitable allocation of hunting opportunities. If hunting is limited, the manager will stamp the date on the small-game hunting license or firearms safety certificate of each person at a restricted hunting station. Persons may hunt at any restricted station on the day stamped but may not occupy a restricted station for the next two days. Restricted stations will be posted.
Subp. 3. Restrictions on occupancy of designated parking lot and hunting stations.
A person may not occupy a hunting station or a designated parking lot from one hour after the close of daily waterfowl shooting hours to 8:00 p.m.
Subp. 4. Firearms must be cased.
All firearms must be cased except within ten feet of a hunting station.
History
- Statutory Authority: MS s 97A.092; and others at 19 SR 6
- History: 19 SR 484; 30 SR 613
Minn. R. 6230.1100 Talcot Lake Special Provisions
Subpart 1. Time period for special provisions.
In addition to the general regulations, the following subparts apply to all persons in the Talcot Lake Controlled Hunting Zones during open Canada goose seasons.
Subp. 2. Hunting.
In the Talcot Lake Controlled Hunting Zones, waterfowl hunting is allowed only at designated hunting stations. Hunting species other than waterfowl is prohibited on public land in the Talcot Lake Controlled Hunting Zones.
Subp. 3. Limitations on persons hunting.
The wildlife manager may limit persons to one day of hunting in every three if the manager determines that it is necessary to provide for the equitable allocation of hunting opportunities. If hunting is limited, the manager will stamp the date on the small-game hunting license or firearms safety certificate of each person at a restricted hunting station. Persons may hunt at any restricted station on the day stamped but may not occupy a restricted station for the next two days. Restricted stations will be posted.
Subp. 4. Designated hunting stations.
Waterfowl hunters on public lands must hunt only at the designated hunting stations having numbers corresponding to their parking stall number.
Subp. 5. Restrictions on entry to zone.
Persons may not occupy a hunting station on public land within the controlled hunting zone except when their vehicles are occupying numbered parking stalls in a designated parking lot in the controlled hunting zone. Persons other than those hunting at a designated hunting station may not occupy a numbered stall or park in a designated parking lot.
Subp. 6. Restrictions on occupancy of designated parking stall and hunting stations.
A person may not park in or otherwise occupy any parking stall in the designated parking lot or occupy any designated hunting station from 10:00 p.m. to 5:00 a.m.
Subp. 7. Firearms must be cased.
All firearms must be cased except within ten feet of a hunting station.
History
- Statutory Authority: MS s 97A.092; and others at 19 SR 6
- History: 19 SR 484; 30 SR 613
Minn. R. 6230.1200 [Repealed, 34 SR 621]
[Repealed, 34 SR 621]
Minn. R. 6230.1300 Special Provisions for National Wildlife Refuges
Subpart 1. National wildlife refuges open to hunting.
The national wildlife refuges described in the following subparts are open to the hunting and trapping of protected wild animals during the state seasons and subject to special federal regulations, except as otherwise provided.
Subp. 2. Agassiz National Wildlife Refuge, Marshall County.
Portions of Agassiz National Wildlife Refuge in Marshall County are open to firearm hunting of deer and moose. Areas closed to hunting are posted as "Area Beyond This Sign Closed," or as shown on maps available at Refuge Headquarters.
Subp. 3. Big Stone National Wildlife Refuge, Big Stone and Lac qui Parle Counties.
Portions of Big Stone National Wildlife Refuge in Big Stone and Lac qui Parle Counties are open to firearm and archery hunting of deer, muzzleloader hunting of deer by permit, and firearm hunting of cottontail rabbit, jack rabbit, gray squirrel, fox squirrel, red and gray fox, gray partridge, and pheasant in areas posted as "Public Hunting Area" or as shown on maps available at parking areas and Refuge Headquarters.
Subp. 4. Rice Lake National Wildlife Refuge, Aitkin and Pine Counties.
Portions of Rice Lake National Wildlife Refuge in Aitkin and Pine Counties are open to firearm hunting of deer by special permit, archery hunting for deer in designated areas, cottontail rabbit, snowshoe hare, gray squirrel, fox squirrel, ruffed grouse, spruce grouse, woodcock, and snipe in areas posted as "Public Hunting Area" or as shown on maps available at Refuge Headquarters.
Subp. 5. Sherburne National Wildlife Refuge, Sherburne County.
Portions of Sherburne National Wildlife Refuge in Sherburne County are open to firearm and archery hunting of deer and firearm hunting of cottontail rabbit, jack rabbit, snowshoe hare, gray squirrel, fox squirrel, ruffed grouse, pheasant, woodcock, Wilson's snipe, sora rail, and Virginia rail. Hunting in closed areas and target shooting are prohibited. Maps of hunting areas are available at Refuge Headquarters.
Subp. 6. Tamarac National Wildlife Refuge in Becker County.
Portions of Tamarac National Wildlife Refuge in Becker County are open to firearm and archery hunting of deer and firearm hunting of cottontail rabbit, jack rabbit, snowshoe hare, gray squirrel, fox squirrel, ruffed grouse, snipe, woodcock, rails, coots, and waterfowl in areas posted as "Public Hunting Area" or as shown on maps available at Refuge Headquarters.
Subp. 7. Upper Mississippi River National Wildlife and Fish Refuge, Wabasha, Winona, and Houston Counties.
Portions of the Upper Mississippi River National Wildlife and Fish Refuge located in Wabasha, Winona, and Houston Counties are open to hunting except as follows: Hunting is prohibited between March 1 and September 1, except that hunting of wild turkey is permitted during the spring turkey seasons. In areas posted closed, hunting of all protected species, except geese, is permitted beginning the day after the close of the duck season. For more information contact Refuge Headquarters.
Subp. 8. Minnesota Valley National Wildlife Refuge, Carver, Dakota, Hennepin, and Scott Counties.
Portions of the Minnesota Valley National Wildlife Refuge known as Louisville Swamp located near Carver in Scott County, and the Wilkie Unit in Scott County, are open to deer hunting in accordance with state and special regulations. Portions of the refuge in Hennepin, Scott, Carver, and Dakota Counties may be open to waterfowl hunting. Areas open will be posted with signs saying "Open to Waterfowl Hunting - Special Regulations in Effect - Consult Refuge Manager." Other areas may be open to waterfowl hunting by special use permit.
History
- Statutory Authority: MS s 97B.305; 97B.311; 97B.411; 97B.505; 97B.515; 97B.605; 97B.711; 97B.731; 97B.803
- History: 18 SR 83; 19 SR 2222
Minn. R. 6230.1400 Hunting Restrictions for Richard J. Dorer Memorial Hardwood State Forest
A person may not hunt with firearms in those portions of the Brightsdale Management Unit of the Richard J. Dorer Memorial Hardwood State Forest surrounding the forest resource center in Fillmore County that are posted closed to firearms hunting.
History
- Statutory Authority: MS s 97B.311; 97B.605; 97B.711; 97B.731
- History: 20 SR 2287
Minn. R. 6230.1500 Transfer of Wild Animals by Gift
Subpart 1. Requirements for receipt of gifted animals.
Lawfully taken protected wild animals may be transferred by gift. Unless otherwise provided by this part, the donor must prepare a receipt containing the following information and give it to the recipient at the time of transfer:
A. name and address of donor;
B. name and address of recipient;
C. date of transfer;
D. description of gift, including number and species; and
E. license number under which the animal was taken, or, if acquired by the donor other than by taking, a description of how the animal was acquired.
Subp. 2. Retention of receipt with gift.
Lawfully taken protected wild animals and their parts may be acquired by gift. Unless otherwise provided by this part, the recipient of these animals may possess them only if a receipt has been received from the donor and retained in possession as described in this part.
Subp. 3. Gift by members of same household.
A receipt is not required if both the donor and the recipient are members of the same household and the transferred animal is stored in that household.
History
- Statutory Authority: MS s 97A.505
- History: 18 SR 83
Minn. R. 6230.1600 Airboat Use on Designated Wildlife Management Lakes
The use of airboats is prohibited at all times on the lakes listed below that have been designated for wildlife management purposes, except as otherwise authorized by posting or permit:
History
- Statutory Authority: MS s 97A.101
- History: 24 SR 644
Chapter 6232 BIG GAME
Minn. R. 6232.0100 General Restrictions for Taking Big Game
Subpart 1. Inspection.
All big game must be transported in such a manner that inspection by registration agents or conservation officers is readily accomplished.
Subp. 2. Animal possession.
Persons taking big game must retain any required license, permit, seal, or tag as long as any of the meat is in their possession.
Subp. 3.
[Repealed, 20 SR 2287]
Subp. 4. Elevated stands in state parks.
It is unlawful to construct, occupy, or use any elevated blind or stand for the purpose of hunting, observing, or killing big game in state parks, when opened to hunting, except that portable stands or blinds may be used for this purpose provided they are removed each day at the close of hunting hours and do no permanent damage.
Subp. 5.
[Repealed, 34 SR 621]
Subp. 6. Wounded game included in bag limit.
Wounded or captured game reduced to possession must be killed before being removed from the site where taken, and once reduced to possession must be included in a person's daily bag limit.
Subp. 7. Legal bows and arrows.
Bows and arrows used for taking big game must meet the criteria in items A to C.
A. Bows must have a pull of no less than 40 pounds at or before full draw.
B. Arrowheads must meet the requirements of Minnesota Statutes, section 97B.211, subdivision 2. Nonretractable arrowheads are barbless if the trailing edge of the blade creates a 90 degree or greater angle with the shaft of the arrow.
C. Retractable broadheads may be used if they meet the following criteria:
History
- Statutory Authority: MS s 97A.535; 97B.035; 97B.311; 97B.411; 97B.505; 97B.515; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 19 SR 2222; 20 SR 2287; 34 SR 621
Minn. R. 6232.0200 Definitions
Subpart 1. Scope.
The terms used in parts 6232.0200 to 6232.2500 have the meanings given them in this part.
Subp. 2. Antlerless deer.
"Antlerless deer" means does, fawns, and bucks with no antler three inches or more in length.
Subp. 3.
[Repealed, 30 SR 613]
Subp. 4.
[Repealed, L 2008 c 368 art 2 s 82]
Subp. 4a. Deer permit area.
"Deer permit area" means an area of the state consisting of one or more deer registration blocks. Deer permit areas open for taking legal bucks and antlerless deer during the deer season are defined as follows:
A. "intensive deer permit area" and "managed deer permit area" means a deer permit area where taking deer of either sex is authorized and multiple bonus permits are authorized within bag limits for each area as prescribed by the commissioner;
B. "lottery deer permit area" means a deer permit area where taking:
C. "hunter choice deer permit area" means a deer permit area where taking one deer of either sex is authorized.
Subp. 5. Bonus permit.
"Bonus permit" means a license to take deer by archery or firearms, in addition to deer authorized to be taken under regular archery or firearms licenses. It is available for one-half the cost of a regular resident or nonresident license and is valid immediately upon issuance, as long as the purchaser has a valid regular license. Deer taken with a bonus permit must be antlerless unless otherwise prescribed by the commissioner.
Subp. 5a.
[Repealed, 30 SR 613]
Subp. 6. Legal buck.
"Legal buck" means a deer having at least one antler three inches or more in length.
Subp. 7. Registration block.
"Registration block" means a geographic area designated for the registration of harvested deer and bear as provided by part 6232.4700.
Subp. 8. Regular firearms season.
The "regular firearms season" means the seasons described in part 6232.1300.
Subp. 9. Regular firearms license.
"Regular firearms license" means a license valid for taking a deer by firearms in the regular firearms or muzzleloader season, except bonus permits. "Regular archery license" means a license valid for taking a deer by archery in the archery season, except bonus permits.
Subp. 10. Antler point.
"Antler point" means an antler projection measuring at least one inch in length when measured from the base to the tip.
Subp. 11. Earn-a-buck hunt.
"Earn-a-buck hunt" means a hunt in which a hunter must kill at least one antlerless deer before taking a legal buck.
Subp. 12. Either-sex permit.
"Either-sex permit" is a permit obtained through the procedure described in part 6232.1800 that allows for taking an either-sex deer during the firearm or muzzleloader season provided the individual possesses a license for that season.
History
- Statutory Authority: MS s 84.027; 97A.485; 97B.305; 97B.311; 97B.411; 97B.505; 97B.515; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 19 SR 2222; 30 SR 613; L 2008 c 368 art 2 s 82; 34 SR 621; 35 SR 2014; 39 SR 1006; 49 SR 1416
Minn. R. 6232.0300 General Restrictions for Taking Deer
Subpart 1. Season options.
A firearm deer hunter may purchase a firearm license valid for the regular firearms deer season or a youth firearms license. A muzzleloader deer hunter may purchase a muzzleloader license valid for the muzzleloader season or a youth muzzleloader license. For the regular firearm season, a hunter must select either the A or B season and this option will be printed on the license at the time of purchase. A person may only hunt deer by firearms within the season option indicated on the person's firearm license, except:
A. as prescribed in part 6232.1970, subpart 2;
B. a firearm license for any season option is valid in the Metropolitan Deer Management Zone under part 6232.4700, subpart 158; and
C. youth firearm license holders may hunt deer in both the statewide A and late southeast B seasons.
Subp. 2. Modifying quota numbers for group applications.
The quota of licenses or permits for a drawing may be increased to accommodate group members if the last applicant to be selected is a member of a group.
Subp. 3. Party hunting.
A party is a group of two or more licensed deer hunters who are afield hunting together and are all using firearms or all using archery equipment. A member of a party may kill a legal buck or antlerless deer for another member of the party who has not killed a deer under their license, except:
A. as provided by Minnesota Statutes, section 97B.301; and
B. in all 300 series deer permit areas as prescribed in part 6232.1300, subpart 3, where party hunting is allowed for antlerless deer only. A mixed-weapons group is considered two separate parties. Persons issued permits under Minnesota Statutes, section 97B.055, subdivision 3, who are hunting in a lottery deer permit area and do not have an either-sex permit may not take antlerless deer for another member of the party.
Subp. 4.
[Repealed, L 2008 c 368 art 2 s 82]
Subp. 5.
[Repealed, 49 SR 1416]
Subp. 6. License purchase and validation.
A. A bonus permit may be purchased any time throughout the open deer seasons. Bonus permits are valid immediately upon purchase, as long as the purchaser has a valid regular license. When a regular license is purchased after the start of the season for that license, a bonus permit is not valid until the waiting period has expired for the regular license.
B. Before a deer is moved from the site of kill, the person possessing the deer must validate the corresponding license. Validation consists of indicating electronically or on a paper license:
Subp. 7. All-terrain vehicle or snowmobile use by licensed hunters.
A. A person licensed to take deer must not operate an all-terrain vehicle or snowmobile in an area open for the taking of deer by firearms during legal shooting hours on a day that they are licensed to take deer within that area except from 11:00 a.m. to 2:00 p.m. each day.
B. A person licensed to take deer who does not possess a firearm, either cased or uncased, may use an all-terrain vehicle or snowmobile to retrieve and transport a deer that is known to be dead from the close of shooting hours to two hours after the close of shooting hours during the regular firearms deer season and for one day after the season on wildlife management areas north and west of a line described as follows: State Trunk Highway (STH) 1 from the west boundary of the state to STH 89; then north along STH 89 to Fourtown; then north on County State-Aid Highway (CSAH) 44, Beltrami County, to County Road 704, Beltrami County; then north on County Road 704 to Dick's Parkway State Forest Road; then north on Dick's Parkway to CSAH 5, Roseau County; then north on CSAH 5 to Warroad; then north on STH 11 to STH 313; then north on STH 313 to the north boundary of the state.
C. For purposes of this chapter, all-terrain vehicles are vehicles, including trail bikes, three-wheelers, four-wheelers, tracked vehicles, or other manufactured or homemade vehicles, not licensed for highway use. Motor vehicles licensed for and being lawfully operated on a public road or highway, or farm tractors being used for agricultural purposes, are exempt from this subpart. This subpart applies to all lands and waters regardless of ownership except as provided in item B, and except that:
Subp. 8. Bag limit.
Except as authorized in subpart 3, a person may not kill more than one legal buck per calendar year using any combination of licenses. A person may not kill more than one deer during a license year by any method, except as authorized in items A to G and subpart 3.
A. In deer areas designated as managed or intensive, a person may take deer with an archery, firearms, or muzzleloader license.
B. A person may take a deer by archery, firearm, or muzzleloader with a bonus permit in specified areas as prescribed in this chapter.
C. In no case may a person take more than five deer per year by firearms, archery, muzzleloader, or all methods combined, except additional deer may be taken as provided in items D, subitem (4); E; F; and G.
D. Except as provided in items E and F, the total bag limits by deer permit area are as follows:
E. Up to two antlerless deer may be taken in the early antlerless deer areas as prescribed in part 6232.1750. These deer may be taken in addition to the bag limit established in item C.
F. Hunters hunting in the Metropolitan Deer Management Zone under part 6232.4700, subpart 158, may take an unlimited number of deer.
G. Muzzleloader and archery deer hunters hunting in deer permit areas 300 to 399 may take deer under the most liberal bag limits prescribed for the deer permit area.
Subp. 9. Alternative color prescribed.
Persons whose sincerely held religious beliefs do not permit them to wear the color prescribed in Minnesota Statutes, section 97B.071, may wear bright red as an alternative color in the same manner as the prescribed color.
History
- Statutory Authority: MS s 14.388; 84.027; 84.924; 97A.411; 97A.485; 97A.535; 97B.071; 97B.301; 97B.311; and others at 19 SR 6; L 2014 c 290 s 63
- History: 18 SR 83; 19 SR 484; 19 SR 2222; 20 SR 2287; 22 SR 292; 30 SR 394; 30 SR 613; 31 SR 745; L 2008 c 368 art 2 s 82; 34 SR 621; 35 SR 2014; 39 SR 486; 39 SR 1006; 49 SR 1416
Minn. R. 6232.0350 Restrictions for Taking Deer; 300 Series Deer Permit Areas
Notwithstanding part 6232.0200, subpart 6, in all 300 series deer permit areas, a legal buck is defined as a deer with a minimum of four antler points on at least one antler. Bucks with fewer antler points than the minimum defined points are protected and not legal for harvest. Youth hunters, age 10 to 17, are exempt from this part.
History
- Statutory Authority: MS s 97B.311
- History: 39 SR 1006
Minn. R. 6232.0400 Registering Deer
Subpart 1.
[Repealed, 20 SR 2287]
Subp. 2. Registration requirements.
A. Persons who validate their license for a deer must present the deer for registration at a designated deer registration station or agent of the commissioner or connect to online DNR harvest registration systems and follow the instructions to obtain a registration confirmation number. All information provided by a person registering deer must be accurate and include the correct date, sex and age of the deer, and permit area in which the animal was harvested.
B. Deer must be registered according to item A:
C. Antlers of legal bucks must remain attached to the carcass until the deer is registered.
D. All deer taken in special hunt areas must be registered as specified in the materials provided to all special hunt permittees.
Subp. 3.
[Repealed, 20 SR 2287]
Subp. 4. General provisions for registering deer.
Registration agents are not required to inspect deer at registration stations. Legally registered deer may be transported anytime during or after the deer hunting season. No part of the carcass, except skin or entrails, may be removed until after the deer has been registered using one of the methods described in subpart 2, except that deer may be quartered prior to registration as long as all parts remain together and are presented for registration and the head of the deer remains attached to one quarter. A person may not process a deer unless it has been registered as evidenced by a registration confirmation number.
Subp. 5. Deer taken in special bovine tuberculosis area.
Deer taken in the special bovine tuberculosis area (deer permit area 101) must be registered prior to transport outside the area, except that deer may be registered in Wannaska.
History
- Statutory Authority: MS s 84.027; 97A.485; 97A.535; 97B.311
- History: 18 SR 83; 20 SR 2287; 22 SR 292; 30 SR 613; 33 SR 215; 35 SR 2014; 39 SR 1006; 49 SR 1416
Minn. R. 6232.0500 Deer Licenses for Military Personnel
Military personnel and disabled veterans may obtain a license to hunt deer as authorized by Minnesota Statutes, sections 97A.441 and 97A.465, under the conditions in this part.
A. The free license and either-sex permit must be obtained from the electronic license system, the Department of Natural Resources License Center, or other authorized agents.
B. The season option selected by the applicant is indicated on the license.
C. The license entitles the holder to take a deer of either sex during the season option selected. A license is not valid in the special areas provided in this chapter. Military or disabled veteran licensees are not eligible for free bonus permits, all-season deer licenses, or multizone buck licenses.
D. If the muzzleloader season is selected, hunting must be confined to those areas as provided by this chapter and is subject to all other provisions applying to the muzzleloader hunt.
E. If an archery license is obtained, hunting is subject to all other provisions which apply to archery deer hunting.
F. The license and official leave papers or evidence of disability must be carried on the person of the licensee while hunting deer and transporting any deer taken.
G. All persons hunting deer under this subpart must comply with all provisions of this chapter not inconsistent with this part.
History
- Statutory Authority: MS s 14.389; 84.027; 97A.485
- History: 18 SR 83; 30 SR 613; 33 SR 1967; 49 SR 1416
Minn. R. 6232.0600 Season for Taking Deer by Archery
Subpart 1. Open dates.
The open dates for taking deer by archery are from the Saturday nearest September 16 through December 31.
Subp. 2.
[Repealed, 33 SR 215]
Subp. 3.
[Repealed, 20 SR 2287]
History
- Statutory Authority: MS s 97B.311
- History: 18 SR 83; 20 SR 2287; 30 SR 613; 33 SR 215
Minn. R. 6232.0700 Legal Deer by Archery
Antlerless deer and legal bucks may be taken by archery, except that archery hunters may not take antlerless deer in lottery deer permit areas that have no either-sex permit quota or in lottery deer permit areas that have a quota of youth antlerless permits for firearms deer hunters under part 6232.1800.
History
- Statutory Authority: MS s 97B.301; 97B.311
- History: 18 SR 83; 19 SR 2222; 30 SR 613
Minn. R. 6232.0800 Archery Special Hunt Areas and Procedures
Subpart 1. Procedures.
The special bow and arrow hunt permit application procedure, except the Camp Ripley archery hunt, is described in this subpart.
A. Hunters must send a stamped, self-addressed business-sized envelope to the headquarters of the appropriate special bow hunt unit with a request for the application form and instructions. A person may not apply more than once for a hunt, whether as an individual or as a member of a group.
B. Up to four persons may apply as a group by mailing all applications in one envelope. Either the entire group will be selected by the drawing or none will be selected.
C. Incomplete or improperly completed applications will be rejected.
D. The application deadline for special hunts is the first Thursday following Labor Day.
E. Hunters may not apply for more than one of the hunts conducted in the Hennepin County park system.
Subp. 2. Areas.
Special bow and arrow permits are valid in areas designated by the commissioner and published in the annual hunting regulations booklet.
History
- Statutory Authority: MS s 97B.305; 97B.311
- History: 18 SR 83; 19 SR 2222
Minn. R. 6232.0900 Camp Ripley Archery Hunt
Subpart 1. Deer season and hunter quota.
Camp Ripley may be open, by permit only, for the taking of deer by archery. Open dates are the two-day period beginning the third Thursday in October and the two-day period beginning the last Saturday in October.
Subp. 2. Permit required to hunt.
Only persons possessing a valid Minnesota archery or all-season deer hunting license and a permit for the Camp Ripley archery hunt will be permitted to enter Camp Ripley. Permits are not transferable between individuals or hunting dates. The permit for the Camp Ripley archery hunt authorizes the permit holder to take one deer at Camp Ripley, unless otherwise authorized by the commissioner. A permit holder may not take any species other than deer at Camp Ripley.
History
- Statutory Authority: MS s 84.027; 97A.091; 97A.401; 97A.485; 97B.311; and others at 19 SR 6
- History: 19 SR 484; 30 SR 613; 49 SR 1416
Minn. R. 6232.1000 Application Process for Camp Ripley Archery Hunt
Subpart 1. Preference drawing.
If the number of applications for Camp Ripley archery hunt permits exceeds the quota in the annual hunting regulations, a preference drawing shall be used to select permit holders. A person may enter the preference drawing by supplying the person's driver's license number, official state identification number, or 13-digit firearms safety identification number on the application. Applicants establish a preference rating based on the number of times they have applied in previous years and have not obtained a permit. The preference rating increases each year the applicant applies unsuccessfully. Persons applying for the first time have no preference. Applicants receiving a permit lose their accrued preference.
Subp. 2. Group selection.
Up to four persons may apply as a group. Either all members of a group will be selected or none will be selected. The preference rating of applicants who apply as a group is based on the individual in the group with the lowest preference. All group members must apply for the same time period.
Subp. 3. Application requirements.
Applicants for permits must:
A. be at least 12 years of age prior to the third Thursday in October;
B. apply for only one of the hunting periods;
C. submit no more than one application per year;
D. apply by the Friday nearest August 17; and
E. pay a nonrefundable application fee as provided by statute.
History
- Statutory Authority: MS s 97A.091; 97A.401; 97B.305; 97B.311; and others at 19 SR 6
- History: 19 SR 484; 30 SR 613
Minn. R. 6232.1100 Special Restrictions for Camp Ripley Archery Hunt
Subpart 1. Access to Camp Ripley.
This subpart applies to access into Camp Ripley during the archery hunt.
A. Archers with valid permits must enter and leave Camp Ripley only by way of the southeast railroad gate and only from noon on the day before the hunt to 8:00 p.m. on the last day of the hunt.
B. Permittees will be issued a current map of Camp Ripley showing areas of Camp Ripley that are closed to hunting. A person may not enter any closed area, except for the road from the southeast railroad gate through the checkpoint to the open hunting area. A zoning system may be used to regulate access into various portions of the open areas of Camp Ripley.
C. Permittees must register at the department checkpoint prior to hunting each day.
D. Permittees will be allowed beyond the department checkpoint only from one hour before sunrise to 1-1/2 hours after sunset on each day open for hunting, or as otherwise authorized by the commissioner.
E. Hunters may not pursue wounded deer into closed areas, except with prior approval and when escorted by an agent of the commissioner.
F. Persons or vehicles, while on any road or trail, may not pass beyond any barrier, gate, or warning sign.
G. All-terrain vehicles are not permitted in Camp Ripley during the Camp Ripley archery hunt, except as authorized by permit for hunters with disabilities. All vehicles are restricted to operating only on designated roads, except as authorized by permit.
H. Vehicles in line at the checkpoint must be occupied. Permittees must stay with their vehicles.
Subp. 2. Tree stands and blinds in Camp Ripley.
Only portable stands or blinds may be used and must be removed each day at the close of hunting hours and do no permanent damage.
Subp. 3. Transporting deer.
Deer may not be removed from Camp Ripley or transported beyond the department checkpoint until registered at the checkpoint.
Subp. 4. Season closure.
The commissioner may close the season without prior notice, if necessary to accommodate military training priorities or in case of weather emergency.
Subp. 5.
[Repealed, 30 SR 613]
History
- Statutory Authority: MS s 97A.091; 97A.401; 97B.311; and others at 19 SR 6
- History: 19 SR 484; 20 SR 2287; 30 SR 613
Minn. R. 6232.1200 [Repealed, 30 SR 613]
[Repealed, 30 SR 613]
Minn. R. 6232.1250 Taking Deer by Archery Under Bonus Permits
Subpart 1. Purchase.
The purchase of a bonus permit is authorized for any person who has purchased a valid archery deer license for the current year. Bonus permits may be purchased from the electronic license system, the Department of Natural Resources License Center, and other authorized agents.
Subp. 2.
[Repealed, 35 SR 2014]
History
- Statutory Authority: MS s 84.027; 97A.401; 97A.485; 97B.301; 97B.305; 97B.311
- History: 19 SR 2222; 24 SR 644; 30 SR 613; 35 SR 2014; 49 SR 1416
Minn. R. 6232.1300 Seasons for Taking Deer by Firearms
Subpart 1. 100 Series.
This subpart applies to deer permit areas 100 to 199. Legal bucks may be taken for a 16-day period beginning the Saturday nearest November 6. In managed or intensive deer permit areas, antlerless deer may be taken throughout this season. In lottery deer permit areas and in special hunt areas, antlerless deer may be taken only by permit throughout this season and only within the deer permit or special hunt area specified on each hunter's permit, except as specifically authorized by statute. A person who is authorized by statute to take a deer of either sex without an either-sex permit and who is licensed for season option A may take an antlerless deer without a permit, except in those lottery deer permit areas where no either-sex permits are offered and in youth-only antlerless deer permit areas.
Subp. 2. 200 Series.
This subpart applies to deer permit areas 200 to 299. Legal bucks may be taken for a nine-day period beginning the Saturday nearest November 6. In managed or intensive deer permit areas, antlerless deer may be taken throughout this season. In lottery deer permit areas and in special hunt areas, antlerless deer may be taken only by permit throughout this season and only within the deer permit or special hunt area specified on each hunter's permit, except as specifically authorized by statute. A person who is authorized by statute to take a deer of either sex without an either-sex permit and who is licensed for season option A may take an antlerless deer without a permit, except in those lottery deer permit areas where no either-sex permits are offered and in youth-only antlerless deer permit areas.
Subp. 3. 300 Series.
A. This subpart applies to deer permit areas 300 to 399. Item B applies to season option A. Item C applies to season option B.
B. Legal bucks may be taken in season option A for a seven-day period beginning the Saturday nearest November 6. In managed or intensive deer permit areas, antlerless deer may be taken throughout this season. In lottery deer permit areas and in special hunt areas, antlerless deer may be taken only by permit throughout this season and only within the deer permit or special hunt area specified on each hunter's permit, except as specifically authorized by statute. A person who is authorized by statute to take a deer of either sex without an either-sex permit and who is licensed for season option A may take an antlerless deer without a permit, except in those lottery deer permit areas where no either-sex permits are offered and in youth-only antlerless deer permit areas.
C. Legal bucks may be taken in season option B for a nine-day period beginning the Saturday nearest November 20. In managed or intensive deer permit areas, antlerless deer may be taken throughout this season. In lottery deer permit areas and in special hunt areas, antlerless deer may be taken only by permit throughout this season and only within the deer permit or special hunt area specified on each hunter's permit, except as specifically authorized by statute. A person who is authorized by statute to take a deer of either sex without an either-sex permit and who is licensed for season option B may take an antlerless deer without a permit, except in those lottery deer permit areas where no either-sex permits are offered and in youth-only antlerless deer permit areas.
Subp. 4.
[Repealed, 33 SR 1967]
Subp. 4a. Metropolitan Deer Management Zone.
Legal bucks and antlerless deer may be taken in the Metropolitan Deer Management Zone beginning on the Saturday nearest November 6 and ending on the last day of the final firearms deer season. The Metropolitan Deer Management Zone is deer permit area 601 according to part 6232.4700, subpart 158.
Subp. 5. Taking antlerless deer on firearms licenses.
The provisions for taking antlerless deer in this part apply to the use of a regular firearms, all-season, or youth deer license. In addition, antlerless deer may be taken with bonus permits as prescribed in part 6232.1950.
Subp. 6. Permit quota adjustments.
The commissioner may reduce either-sex and special hunt permit quotas for permit areas wholly or partially within the 1837 Ceded Territory at the time the computerized drawing is conducted to accommodate tribal declarations for antlerless deer harvest in the 1837 Ceded Territory in compliance with Mille Lacs Band of Chippewa v. Minnesota, 119 S. Ct. 1187 (1999).
History
- Statutory Authority: MS s 14.389; 84.027; 97A.485; 97B.305; 97B.311
- History: 18 SR 83; 19 SR 2222; 30 SR 613; 33 SR 1967; 34 SR 621; 35 SR 2014; 49 SR 1416
Minn. R. 6232.1400 [Repealed, 33 SR 1967]
[Repealed, 33 SR 1967]
Minn. R. 6232.1500 Arms Use Areas and Restrictions
Subpart 1. Shotgun use area.
During any firearms season in the shotgun use area, only legal shotguns loaded with single-slug shotgun shells, legal muzzleloading long guns, and legal handguns may be used for taking deer. Legal shotguns include those with rifled barrels.
The shotgun use area is that portion of the state lying within the boundary described under Minnesota Statutes, section 97B.318, subdivision 1.
Subp. 2. All legal firearms use area.
The all legal firearms use area is that part of the state lying outside of the shotgun zone.
History
- Statutory Authority: MS s 97B.311
- History: 18 SR 83; 20 SR 2287; 33 SR 215
Minn. R. 6232.1600 Special Hunt Procedures
Subpart 1. Deer license and permit required for special hunt permit area.
Before applying to hunt in a special hunt permit area, a person must purchase a deer hunting license. A firearms deer license for the proper season option and a permit valid for that area is required to hunt deer in firearms special hunt areas. Special hunt permit applications must be made through the electronic license system, the Department of Natural Resources License Center, or other authorized agents.
Subp. 2. Application process.
Applications for all firearms special hunt permits must be made according to this subpart and according to application instructions provided by the commissioner.
A. A person may not apply more than once for a hunt, whether as an individual or as a member of a group.
B. Up to four persons desiring to hunt as a group may apply together. Group applications will either all be selected or none selected.
C. The preference rating of applicants who apply as a group will be based on the individual in the group with the lowest preference.
D. The application deadline is the first Thursday following Labor Day.
E. If the number of applications for permits in any area exceeds the quota determined by the commissioner, a preference drawing will be held to determine who will be issued permits as provided by part 6232.1800.
Subp. 3. Notification of drawing results.
Only successful applicants will be notified.
Subp. 4. Second choice for unsuccessful applicants.
Unsuccessful applicants for special hunt areas may, at the discretion of the commissioner, be given a second choice for undersubscribed special hunt areas.
Subp. 5. Undersubscribed areas.
For those special hunt areas that are undersubscribed after provisions of subpart 4 are implemented, the commissioner may issue remaining permits over-the-counter on a first-come first-serve basis to individuals possessing a firearms license validated for the proper season option.
Subp. 6. Firearms special hunt area quota adjustments.
The commissioner may reduce the permit quota for the St. Croix and Wild River State Parks firearms special hunts at the time the computerized drawing is conducted to accommodate tribal declarations for antlerless deer harvest in the 1837 Ceded Territory in compliance with Mille Lacs Band of Chippewa v. Minnesota, 119 S. Ct. 1187 (1999).
History
- Statutory Authority: MS s 14.389; 84.027; 97A.401; 97A.485; 97B.305; 97B.311; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 30 SR 613; 33 SR 1967; 35 SR 2014; 49 SR 1416
Minn. R. 6232.1700 [Repealed, 20 SR 2287]
[Repealed, 20 SR 2287]
Minn. R. 6232.1750 Deer Permit Area Designation
The commissioner shall annually designate all deer permit areas as intensive, managed, hunter choice, or lottery and shall establish permit quotas for taking deer of either sex in lottery deer permit areas.
History
- Statutory Authority: MS s 97B.305; 97B.311
- History: 30 SR 613; 39 SR 1006
Minn. R. 6232.1800 Either-Sex Permits and Preference Drawings
Subpart 1. Procedures for applying for either-sex permit.
A. Residents and nonresidents are eligible for either-sex permits. A person may not apply for an either-sex deer permit without first purchasing a firearms or muzzleloader deer license. The application may be made for only one of the deer permit areas described in this part, and must be for the season option on the applicant's deer license. A person may submit more than one application for an either-sex permit.
B. The application deadline is the first Thursday following Labor Day.
Subp. 2. Preference drawings for either-sex permits in lottery deer permit areas and special hunt area permits.
If the number of applications for either-sex permits in a lottery deer permit area or for permits in a special hunt area exceeds the quota set forth in the annual hunting regulations, a preference drawing will be used to select permit holders. Persons 12 years of age or older may enter the preference drawing by supplying their driver's license number, official state of Minnesota identification number, or 13-digit firearms safety identification number on the application, except that resident hunters under age 16 on the Saturday nearest November 6 may not apply for either-sex permits. All applicants who have reached their 18th birthday by the first Thursday following Labor Day must provide one of these three numbers to qualify. Applicants under 18 years of age who do not submit one of these numbers will be assigned a number and will be entered into the preference drawing. Applicants establish a preference rating based upon the number of times they have applied in previous years and have not obtained an either-sex or special hunt area permit. The preference rating will increase each year the applicant applies unsuccessfully for either an either-sex or special hunt area permit. Persons applying for the first time have no preference. Applicants receiving either-sex or special hunt area permits lose their accrued preference.
Subp. 3. Deer permit areas.
Deer permit areas are comprised of registration blocks of the same number.
History
- Statutory Authority: MS s 14.389; 97A.401; 97B.305; 97B.311; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 19 SR 2222; 30 SR 613; 33 SR 1967; 35 SR 2014; 39 SR 1006
Minn. R. 6232.1900 [Repealed, 30 SR 613]
[Repealed, 30 SR 613]
Minn. R. 6232.1950 Taking Deer by Firearms or Muzzleloaders Under Bonus Permits
Subpart 1. Purchase.
The purchase of a bonus permit is authorized for any person who has purchased a regular firearms or muzzleloader deer license for the current year. Bonus permits may be purchased for one-half the cost of a regular license from the electronic license system, the Department of Natural Resources License Center, or other authorized agents.
Subp. 2. Restrictions.
Bonus permits may be used to take antlerless deer during the regular firearms and muzzleloader seasons if the person has a valid license for that season.
History
- Statutory Authority: MS s 84.027; 97A.401; 97A.485; 97B.301; 97B.305; 97B.311
- History: 19 SR 2222; 30 SR 613; 34 SR 621; 35 SR 2014; 49 SR 1416
Minn. R. 6232.1970 Taking Deer by Archery, Firearms, or Muzzleloader Under Early Antlerless Permits
Subpart 1. Purchase.
A person who purchases a license valid for the archery, firearm, or muzzleloader season may purchase up to two early antlerless permits. Early antlerless permits may be purchased for one-quarter the cost of a regular license from the electronic license system, the Department of Natural Resources License Center, or other authorized agents.
Subp. 2. Restrictions.
For the early antlerless season, hunters must have an archery license, a firearms license valid for any season option, or a muzzleloader license. Up to two early antlerless permits may be used to take antlerless deer by archery, firearms, or muzzleloader in deer areas as prescribed in part 6232.1750. At least one early antlerless permit must be purchased to participate in the season.
History
- Statutory Authority: MS s 14.389; 84.027; 97A.485; 97B.311
- History: 33 SR 1967; 49 SR 1416
Minn. R. 6232.1980 Taking Deer by Any Weapon Using Disease Management Permits
Subpart 1. Purchase.
An unlimited number of disease management permits may be purchased by a person who has purchased a firearms, archery, or muzzleloader deer license. Disease management permits may be purchased for $1.50 from the electronic license system, the Department of Natural Resources License Center, or other authorized agents.
Subp. 2. Restrictions.
Disease management permits are valid only in deer area 101 as described in part 6232.4700, subpart 1a.
History
- Statutory Authority: MS s 84.027; 97A.485; 97B.311
- History: 33 SR 215; 49 SR 1416
Minn. R. 6232.2000 Multizone Buck License
Subpart 1. Season and open area.
A multizone buck license allows a hunter to hunt and tag a legal buck during any open firearms zone and time period except the late Zone 3B and the muzzleloader seasons.
Subp. 2. Antlerless deer and special hunts.
Multizone buck license holders may not apply for lottery either-sex permits or special hunt area permits. Multizone buck licensees may purchase and use bonus permits to take antlerless deer in managed and intensive deer permit areas or special hunt areas prescribed by the commissioner. Bonus permits for multizone buck hunters are valid during any open firearms zone or time period, except the late Zone 3B and the muzzleloader seasons. Multizone buck licensees may not take antlerless deer under Minnesota Statutes, section 97B.055, subdivision 3, or 97B.301, subdivision 6.
History
- Statutory Authority: MS s 97B.301; 97B.305; 97B.311
- History: 18 SR 83; 19 SR 2222; 30 SR 613
Minn. R. 6232.2050 All-Season Deer License
Subpart 1. Season and open area.
A. An all-season deer license allows a hunter to take and tag one legal buck and one antlerless deer per year. All-season deer license holders may hunt deer in any of the following seasons, according to all rules and laws for methods of taking in each respective season and zone:
B. In lottery deer permit areas, all-season deer hunters must apply for and receive authorization to take and tag an antlerless deer by firearms.
C. In managed or intensive deer permit areas, all-season deer hunters may take and tag an antlerless deer with the antlerless tag accompanying the license.
D. A person who is authorized by statute to take an antlerless deer without an either-sex permit and who purchases an all-season deer license may take antlerless deer during the firearms season as authorized in part 6232.1300.
Subp. 2. Bonus permits.
All-season deer license holders may use one bonus permit in a managed deer permit area and may use up to three bonus permits in intensive deer permit areas, as prescribed in part 6232.1750.
History
- Statutory Authority: MS s 97B.301; 97B.305; 97B.311
- History: 30 SR 613
Minn. R. 6232.2100 Muzzleloader Season and Areas
Subpart 1. Season.
The muzzleloader season is the 16-day deer season beginning the Saturday nearest November 27. Special permit areas may be open for less than 16 days.
Subp. 2.
[Repealed, 34 SR 621]
Subp. 3. Legal deer by muzzleloader.
Antlerless deer and legal bucks may be taken by muzzleloader during the muzzleloader season in any managed or intensive area. Muzzleloader hunters may take antlerless deer in a lottery area only if the person has obtained an either-sex permit through the procedure described in part 6232.1800.
History
- Statutory Authority: MS s 97B.311; 97B.312
- History: 18 SR 83; 19 SR 2222; 30 SR 613; 34 SR 621; 35 SR 505
Minn. R. 6232.2200 Arms Restrictions for Muzzleloaders
Only legal muzzleloaders with open or peep type sights may be used for taking deer during the muzzleloader season.
History
- Statutory Authority: MS s 97B.311
- History: 18 SR 83; 20 SR 2287; 24 SR 644
Minn. R. 6232.2400 Muzzleloader Special Hunt Procedures
Subpart 1. Deer license required.
Purchase of a resident or nonresident firearms deer license validated for the muzzleloader season is required to apply for and to hunt deer in a muzzleloader special hunt area.
Subp. 2. Special hunt application procedure.
Applications for all special permit area hunts must be made as provided by part 6232.1600.
History
- Statutory Authority: MS s 97B.305; 97B.311
- History: 18 SR 83
Minn. R. 6232.2450 [Repealed, 30 SR 613]
[Repealed, 30 SR 613]
Minn. R. 6232.2500 Disabled Hunt
Subpart 1. Requirements.
Hunters must be participants in a program for physically disabled hunters sponsored by a nonprofit organization and must be referred by an organization prior to being issued a permit. Permittees must purchase an archery or firearms deer hunting license. Each permittee may be accompanied by one or more assistants named by the nonprofit organizations and approved by the commissioner. Assistants are not required to purchase licenses and may assist permittees in taking deer. Both permittees and assistants must meet the blaze orange requirement for deer hunters.
Subp. 2. Open areas.
Disability permittees may hunt in open areas and seasons as designated by the commissioner and published in the annual hunting regulations booklet.
History
- Statutory Authority: MS s 97B.111; 97B.311
- History: 18 SR 83; 19 SR 2222
Minn. R. 6232.2550 [Renumbered 6230.0280]
[Renumbered 6230.0280]
History
- Statutory Authority: MS s 14.389; 84.027; 97A.485; 97B.112; 97B.311
- History: 30 SR 613; 33 SR 1967; 49 SR 1416
Minn. R. 6232.2560 Youth Special Deer Seasons
Youths participating in youth special deer seasons must obtain a license for taking deer by firearms, valid for any season option, by the beginning date of the special season. A youth special season participant may take one deer, which must be antlerless. One bonus permit may be used. An adult mentor age 18 or older authorized by the youth's parent or guardian must accompany the youth hunter at all times during the hunt. The accompanying adult may not hunt. Party hunting is not allowed. The blaze orange requirements in Minnesota Statutes, section 97B.071, paragraph (a), apply to all hunters and trappers, and all adult mentors of youth hunters, in the areas open to firearms deer hunting during the youth special seasons established in this part.
History
- Statutory Authority: MS s 14.389; 97B.112; 97B.311
- History: 30 SR 613; 33 SR 1967
Minn. R. 6232.2600 Definitions
Subpart 1. Scope.
The terms used in parts 6232.2600 to 6232.3500 have the meanings given them in this part.
Subp. 2. Bait.
"Bait" means materials placed for the purpose of attracting or attempting to attract bears.
Subp. 3. Bear bait station.
"Bear bait station" means a location at which bait is placed for the purpose of hunting. Bear bait station does not include materials that are at all times attended by the hunter.
Subp. 4. Bear cub.
"Bear cub" means a bear less than one year of age.
Subp. 5. Garbage dump.
"Garbage dump" means a site regularly and primarily used for the disposal of garbage or other refuse.
Subp. 6. No-quota area.
"No-quota area" means that part of this state not included within the boundaries of bear hunt permit areas.
Subp. 7. Registration block.
"Registration block" means a geographic area designated for the registration of harvested deer and bear as provided by part 6232.4700.
History
- Statutory Authority: MS s 97B.411
- History: 18 SR 83
Minn. R. 6232.2700 Season and Dates to Take Bears
Bears may be taken by licensed hunters using legal firearms or legal bow and arrow from September 1 through the Sunday nearest October 15.
History
- Statutory Authority: MS s 97B.411
- History: 18 SR 83
Minn. R. 6232.2800 General Regulations for Taking Bears
Subpart 1. Bag limit.
A person may not take more than one bear in quota areas and two bears in no-quota areas during any calendar year whether by firearm or archery. Bears taken may be of either sex or any age except that bear cubs may not be taken.
Subp. 2. Party hunting.
Party hunting for bears is not permitted. A person may not shoot a bear for another person, validate a bear killed by another person, or register a bear shot by another person.
Subp. 3. Dens.
A person may not take or disturb any bear in a den.
Subp. 4. License validation.
At the site of kill, the license of the person who killed the bear must be validated. Validation consists of indicating:
A. the date of kill;
B. whether taken by firearms or archery; and
C. the sex of the bear harvested.
Subp. 5. Skinning and quartering bears.
Bears may be skinned, quartered, or further divided prior to transportation and registration, but all edible meat and all other parts of the bear, except the entrails, must be retained by the hunter until registration is completed.
Subp. 6. Registration requirements and sample collection.
A. Every person taking a bear must present it for registration:
B. Bear must be registered according to item A:
C. A person registering bear must obtain a registration confirmation number at a designated bear registration station or by using an online Department of Natural Resources harvest registration system.
D. Registration agents are not required to inspect bear at registration stations.
E. A person may not process a bear unless it has been registered as evidenced by a registration confirmation number.
Subp. 7. Sample collection.
Within 48 hours after the bear season closes, a person taking a bear must submit samples to the department in the envelope provided at bear registration stations according to instructions of the department as printed on the envelope. It is the responsibility of each person taking a bear to mail the envelope to the department, except in those cases where a bear registration station is collecting the samples.
Subp. 8. White bears protected.
A person may not take a white bear.
History
- Statutory Authority: MS s 84.027; 97A.485; 97A.535; 97B.411
- History: 18 SR 83; 22 SR 292; 24 SR 644; 34 SR 621; 39 SR 1006; 49 SR 1416
Minn. R. 6232.2900 Bear Permit Procedures
Subpart 1. Limit on number of applications.
A person may not apply more than once per season, whether as an individual or as a member of a group.
Subp. 2. Drawings.
Drawings will be conducted by the department to determine those eligible to purchase a bear license within the bear quota areas.
A. An applicant must select a first choice of bear quota area and may select a second choice of bear quota area. Preference in the drawings will be given to applicants based upon:
B. Upon issuance of a quota area license, all accumulated preference is lost. Obtaining a no-quota bear license has no effect upon eligibility or preference in the drawings.
C. In quota areas with fewer applicants than available licenses or licenses not purchased as described in subpart 9, the remaining available licenses may be offered to any eligible person on a first-come, first-served basis beginning at 12:00 p.m. three business days after August 1.
D. To obtain a remaining available license, an eligible person must apply individually and in person at an electronic license system agent location or individually through the ELS-Internet system.
Subp. 3. Required identification number; eligibility.
A person whose big game hunting privileges are not suspended and, if born after December 31, 1979, has successfully completed a firearms safety course approved by the commissioner prior to the opening day of the bear season, is eligible to purchase a bear license for the no-quota area or to enter a drawing for a permit area license. All applicants who will have reached their 18th birthday by September 1 must provide a driver's license number, a Minnesota identification card number issued by the Department of Public Safety, or a 13-digit Firearms Safety Certificate number. Eligible applicants under this age who do not submit one of these numbers will be assigned a number and entered into the preference drawing.
Subp. 4. Application deadline.
Applications must be returned to the License Bureau. The application deadline is the first Friday of May.
Subp. 5. Group application.
Persons may apply individually or as part of a group totaling no more than four persons. Those who wish to apply as a group must submit their applications for the drawing together in one envelope. All applications in a group must be for the same permit area. The individual within a group with the lowest preference rating will determine the preference rating of the group. Either all members of the group or none will be drawn. Improperly completed applications will be rejected but will not disqualify other members of the group.
Subp. 6. Modifying quota numbers for group applications.
The quota of licenses or permits for a drawing may be increased to accommodate group members if the last applicant to be selected is a member of a group.
Subp. 7. Notification of drawing results.
Successful applicants will receive a notice, with instructions, authorizing them to obtain a license. Successful applicants who do not purchase a license according to the instructions or who do not provide all of the requested information will be disqualified. All accumulated preference is lost upon issuance of a license.
Subp. 8. Applying for preference only.
Applicants can accumulate preference only by selecting bear quota area 99.
Subp. 9. Successful bear hunt applicant deadline to purchase license.
A person selected through the bear permit drawing must purchase the license by August 1. Any licenses not purchased by the deadline shall be issued following the drawing procedures in subpart 2.
History
- Statutory Authority: MS s 14.389; 97B.405; 97B.411
- History: 18 SR 83; 19 SR 2222; 24 SR 644; 30 SR 613; 33 SR 215; 33 SR 1967; 35 SR 2014; 39 SR 1006
Minn. R. 6232.3000 Bear Quota Areas
Subpart 1. Quota area licenses.
Licenses for bear quota areas are limited in number and are issued through a drawing as provided in part 6232.2900. Quota area licenses are valid only in the quota area specified on the license.
Subp. 1a. Bear Quota Area 12.
Bear Quota Area 12 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 72 and the northern boundary of the state; thence along STH 72 to the Tamarac River; thence along the southerly shore of said river to Upper Red Lake; thence along the southeasterly shore of said lake to the eastern boundary of the Red Lake Indian Reservation; thence along the easterly, southerly, and westerly boundaries of said reservation to the point where the Clearwater River leaves the reservation boundary; thence along the south shore of said river to County State-Aid Highway (CSAH) 2, Polk County; thence along CSAH 2 to CSAH 27, Pennington County; thence along CSAH 27 to STH 1; thence along STH 1 to CSAH 28, Pennington County; thence along CSAH 28 to CSAH 54, Marshall County; thence along CSAH 54 to CSAH 6, Marshall County; thence along CSAH 6 to STH 89; thence along STH 89 to County Road (CR) 134, Marshall County; thence along CR 134 to STH 54; thence along STH 54 to CSAH 9, Roseau County; thence along CSAH 9 to CSAH 2, Roseau County; thence along CSAH 2 to STH 89; thence along STH 89 to STH 310; thence along STH 310 to the Roseau River; thence along the south shore of said river to STH 89; thence along STH 89 to the northern boundary of the state; thence along the northern boundary of the state to the point of beginning.
Subp. 2. Bear Quota Area 13.
Bear Quota Area 13 consists of that portion of the state lying within the following described boundary:
Beginning on the northern boundary of the state at State Trunk Highway (STH) 72; thence along the northern boundary of the state to a point due north of the intersection of STH 11 and U.S. Highway 71; thence due south to U.S. Highway 71; thence along U.S. Highway 71 to STH 6; thence along STH 6 to STH 1; thence along STH 1 to STH 72; thence north along STH 72 to the point of beginning.
Subp. 3. Bear Quota Area 22.
Bear Quota Area 22 consists of that portion of the state known as the Boundary Waters Canoe Area (BWCA) but excluding the detached part of the BWCA lying south of the Echo Trail, St. Louis County, and known as the Trout Lake unit or block.
Subp. 4. Bear Quota Area 24.
Bear Quota Area 24 consists of that portion of the state lying within the following described boundary:
Beginning at the junction of U.S. Highway 2 and State Trunk Highway (STH) 65; thence along STH 65 to STH 1; thence along STH 1 to STH 135; thence along STH 135 to County State-Aid Highway (CSAH) 21, St. Louis County; thence along CSAH 21 to the Soudan-Two Harbors Branch of the Duluth, Missabe and Iron Range Railway Company (DM&IR); thence along said railroad to CSAH 16, St. Louis County; thence along CSAH 16 to U.S. Highway 53; thence along U.S. Highway 53 to CSAH 133, St. Louis County; thence along CSAH 133 to CSAH 25, Itasca County; thence along CSAH 25 to U.S. Highway 2; thence along U.S. Highway 2 to the point of beginning.
Subp. 5. Bear Quota Area 25.
Bear Quota Area 25 consists of that portion of the state lying within the following described boundary:
Beginning at the junction of State Trunk Highway (STH) 1 and STH 65; thence along STH 1 to STH 169; thence along STH 169 to the first Shagawa River bridge at Winton; thence along the northerly shore of said river to Fall Lake; thence along the westerly and northerly shores of Fall Lake to the southern boundary of the Boundary Waters Canoe Area (BWCA); thence westward along the southerly boundary of the BWCA to the intersection with the northern boundary of the state; thence along the northern boundary of the state to a point due north of the junction of U.S. Highway 71 and STH 11 at Pelland; thence due south to said junction; thence along U.S. Highway 71 to STH 6; thence along STH 6 to STH 1; thence along STH 1 to the point of beginning.
Subp. 6. Bear Quota Area 26.
Bear Quota Area 26 consists of that portion of the state lying within the following described boundary:
Beginning at the junction of U.S. Highway 2 and State Trunk Highway (STH) 65; thence along STH 65 to STH 1; thence along STH 1 to STH 72; thence along STH 72 to U.S. Highway 71; thence along U.S. Highway 71 to U.S. Highway 2; thence along U.S. Highway 2 to the point of beginning.
Subp. 7. Bear Quota Area 31.
Bear Quota Area 31 consists of that portion of the state lying within the following described boundary:
Beginning on U.S. Highway 53 at the eastern boundary of the state; thence along U.S. Highway 53 to County State-Aid Highway (CSAH) 16, St. Louis County; thence along CSAH 16 to the Soudan-Two Harbors Branch of the Duluth, Missabe and Iron Range Railway Company (DM&IR); thence along said railroad to CSAH 21, St. Louis County; thence along CSAH 21 to State Trunk Highway (STH) 135; thence along STH 135 to STH 169; thence along STH 169 to the first Shagawa River bridge at Winton; thence along the northerly shore of said river to Fall Lake; thence along the westerly and northerly shores of Fall Lake to the southern boundary of the Boundary Waters Canoe Area (BWCA); thence easterly along said boundary of the BWCA to the northern boundary of the state at Magnetic Lake; thence easterly along the northern boundary of the state to the boundary of the BWCA on the south shore of North Lake; thence along the boundaries of this detached part of the BWCA to the northern boundary of the state at South Fowl Lake; thence along the northern and eastern boundaries of the state to the point of beginning.
Subp. 8. Bear Quota Area 41.
Bear Quota Area 41 consists of that portion of the state lying within the following described boundary:
Beginning at the junction of the northern boundary of the White Earth Indian Reservation and County State-Aid Highway (CSAH) 7, Clearwater County; thence along CSAH 7 to CSAH 6, Clearwater County; thence along CSAH 6 to State Trunk Highway (STH) 92; thence along STH 92 to STH 223; thence along STH 223 to CSAH 14, Clearwater County; thence along CSAH 14 to CSAH 4, Clearwater County; thence along CSAH 4 to the west boundary of Clearwater County; thence along said boundary to the southern boundary of the Red Lake Indian Reservation; thence along the southern and eastern boundaries of said reservation to the southeasterly shore of Upper Red Lake; thence along said lakeshore to the Tamarac River; thence along the southerly shore of said river to STH 72; thence along STH 72 to U.S. Highway 71; thence along U.S. Highway 71 to U.S. Highway 2; thence along U.S. Highway 2 to STH 92; thence along STH 92 to the northern boundary of the White Earth Indian Reservation; thence west along said reservation boundary to the point of beginning.
Subp. 9. Bear Quota Area 43.
Bear Quota Area 43 consists of that portion of the state lying within the following described boundary:
Beginning at the junction of U.S. Highway 59 and the northern boundary of the White Earth Indian Reservation; thence along said boundary to State Trunk Highway (STH) 92; thence along STH 92 to U.S. Highway 2; thence along U.S. Highway 2 to STH 6; thence along STH 6 to STH 18; thence along STH 18 to U.S. Highway 169; thence along U.S. Highway 169 to STH 23; thence along STH 23 to the Mississippi River; thence upstream along the easterly shore of said river to STH 27 at Little Falls; thence along STH 27 to U.S. Highway 71; thence along U.S. Highway 71 to U.S. Highway 10; thence along U.S. Highway 10 to U.S. Highway 59; thence along U.S. Highway 59 to the point of beginning.
The Tamarac National Wildlife Refuge within Area 43 is not open for bear hunting.
Subp. 9a. Bear Quota Area 44.
Bear Quota Area 44 consists of that portion of the state lying within the following described boundary:
Beginning at the junction of U.S. Highway 59 and the northern boundary of the White Earth Indian Reservation; thence along said boundary to State Trunk Highway (STH) 92; thence along STH 92 to U.S. Highway 2; thence along U.S. Highway 2 to STH 6; thence along STH 6 to County State-Aid Highway (CSAH) 1, Crow Wing County; thence along CSAH 1 to CSAH 2, Cass County; thence along CSAH 2 to STH 371; thence along STH 371 to STH 87; thence along STH 87 to U.S. Highway 10; thence along U.S. Highway 10 to U.S. Highway 59; thence along U.S. Highway 59 to the point of beginning.
Subp. 9b. Bear Quota Area 45.
Bear Quota Area 45 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 10 and State Trunk Highway (STH) 87; thence along STH 87 to STH 371; thence along STH 371 to County State-Aid Highway (CSAH) 2, Cass County; thence along CSAH 2 to CSAH 1, Crow Wing County; thence along CSAH 1 to STH 6; thence along STH 6 to STH 18; thence along STH 18 to U.S. Highway 169; thence along U.S. Highway 169 to STH 23; thence along STH 23 to the Mississippi River; thence upstream along the Mississippi River along the easterly shore of said river to STH 27; thence along STH 27 to U.S. Highway 71; thence along U.S. Highway 71 to U.S. Highway 10; thence along U.S. Highway 10 to the point of beginning.
Subp. 10. Bear Quota Area 51.
Bear Quota Area 51 consists of that portion of the state lying within the following described boundary:
Beginning on U.S. Highway 53 on the eastern boundary of the state; thence along U.S. Highway 53 to County State-Aid Highway (CSAH) 133, St. Louis County; thence along CSAH 133 to CSAH 25, Itasca County; thence along CSAH 25 to U.S. Highway 2; thence along U.S. Highway 2 to State Trunk Highway (STH) 6; thence along STH 6 to STH 18; thence along STH 18 to U.S. Highway 169; thence along U.S. Highway 169 to STH 23; thence along STH 23 to STH 47; thence along STH 47 to STH 27; thence along STH 27 to STH 65; thence along STH 65 to STH 18; thence along STH 18 to the western boundary of Pine County; thence along the western and northern boundaries of Pine County to STH 23; thence along STH 23 to CSAH 22, Pine County; thence along CSAH 22 to CSAH 32; thence along CSAH 32 to the eastern boundary of the state; thence along the eastern boundary of the state to the point of beginning.
History
- Statutory Authority: MS s 97B.405; 97B.411
- History: 18 SR 83; 19 SR 2222; 20 SR 2287; 22 SR 292
Minn. R. 6232.3100 Bear No-Quota Area
Licenses for the no-quota area are not limited in number and may be purchased from the electronic licensing system, the Department of Natural Resources License Center, or other authorized agents. A person may purchase a license for both a quota area and the no-quota area in the same year. No-quota licenses are valid only in the no-quota area.
History
- Statutory Authority: MS s 84.027; 97A.485; 97B.411
- History: 18 SR 83; 20 SR 2287; 34 SR 621; 49 SR 1416
Minn. R. 6232.3200 Bait Stations and Garbage Dumps
Subpart 1. Bait station restriction.
A. A person may not establish, service, maintain, or sign any bear bait station prior to the Friday nearest August 14.
B. In order to establish, service, maintain, or sign any bear bait station, a person must have a valid bear hunting license or be operating under the direction of a person with a valid bear hunting license.
C. No more than three bait stations may be placed at one time for each licensed bear hunter. If a hunter wishes to establish a different bait station, one of the hunter's three existing bait stations must be removed. Each licensed bear hunting outfitter may establish up to three bait stations in addition to bait stations placed for licensed hunters.
Subp. 2. Registering bait station.
A person may not establish a bear bait station without registering the site as provided in this subpart.
A. The following information must be provided on a form provided by the commissioner or on an 8-1/2 inch by 11 inch sheet of paper:
B. The form must be mailed to the Division of Enforcement no later than the next postal service day or completed on a website approved by the commissioner within 24 hours following establishment of the bear bait station.
Subp. 3. Sign display.
A person establishing a bear bait station must display a sign at the site meeting the following requirements.
A. The sign must be made of plastic, wood, or metal and must be at least six inches by ten inches in size and, on public land, no more than 18 inches by 24 inches in size.
B. The sign must contain:
C. Letters and numbers must be legibly printed and either painted or impressed on the sign material.
D. The sign must be prominently displayed between six and ten feet above the natural ground level and within 20 feet of the bait.
E. The person who placed the signs is responsible for their removal within 48 hours of the close of the bear season.
F. Only signs prescribed in items A to D may be used. Warning or other signs used to mark generic locations of bait stations or advise people of bait stations on public land are prohibited.
Subp. 4. Restriction on hunting near bear bait station.
A person may not hunt bear within 100 yards of a bear bait station unless it is registered and marked with a sign as required by this part.
Subp. 5. Bear bait stations near garbage dumps.
A person may not take bear or establish a bear bait station within one-half mile of a garbage dump.
Subp. 6. Bear bait stations near previously baited areas.
A person may not establish a bear bait station within 100 yards of a site where bait has been placed prior to the Friday nearest August 14.
Subp. 7. Bear bait stations near campsites and in bear quota area 22.
A person may not establish a bear bait station within 150 yards of a campsite or in bear quota area 22.
History
- Statutory Authority: MS s 97B.411; 97B.425
- History: 18 SR 83; 20 SR 2287; 35 SR 505; 39 SR 1006
Minn. R. 6232.3300 Nuisance Bears
Nuisance bears may be taken by licensed bear hunters from July 1 to August 31 under the conditions in this part.
A. Wildlife managers or conservation officers may authorize licensed hunters to take nuisance bears after the manager or officer has verified that a nuisance problem exists.
B. Only hunters licensed for the area where damage is occurring will be authorized to take bears. Only one hunter may hunt under a license. Authorized hunters are restricted to the location specified on the license.
C. A licensee taking a nuisance bear prior to the season must register it with the authorizing wildlife manager or conservation officer within 48 hours after taking.
D. A licensee who takes a nuisance bear may not take another bear in that year.
E. A licensee taking a nuisance bear is subject to all provisions of parts 6232.2600 to 6232.3500 not inconsistent with this subpart and all laws relating to the taking of wild animals.
History
- Statutory Authority: MS s 97B.411
- History: 18 SR 83; 24 SR 644
Minn. R. 6232.3400 Restriction on Taking Research Bears
A licensed bear hunter may not take a bear being studied under a research permit issued by the commissioner if the permit holder or designee is accompanying the bear and has identified the bear to the hunter as a research animal.
History
- Statutory Authority: MS s 97B.411
- History: 18 SR 83
Minn. R. 6232.3500 Bear Hunting Outfitters
Subpart 1. Application for outfitter licenses.
An application for a bear hunting outfitter or master bear hunting outfitter license can be obtained from the License Center.
Subp. 2. Deadline for license issuance.
A bear hunting outfitter or master bear hunting outfitter license may not be issued after August 31 in any year.
Subp. 2a. Adding persons to master bear hunting outfitter license.
A. A person may be added to a master bear hunting license through the License Center.
B. The licensee may add additional persons to a master bear hunting outfitter license at any time.
C. Any person listed under a master bear hunting license remains on that license for the entire license year. No person may be substituted for a person listed under a master bear hunting outfitter license.
Subp. 3. Required reporting.
A. All licensed bear hunting outfitters and master bear hunting outfitters must complete the report form provided with the license and return it to the specified address no later than ten days after the close of the bear season. Failure to submit this report or failure to provide all requested information may result in ineligibility for a bear hunting outfitter or master bear hunting outfitter license for the following bear season.
B. The report must show for each outfitter:
C. Information required under item B, subitems (1) to (3), must be recorded on the report form before any bear hunting activity takes place.
D. Information required under item B, subitems (4) to (6), must be recorded on the report form within 24 hours of a bear being harvested by a guided hunter or within 24 hours of the completion of a hunt when a bear is not harvested.
E. The records required under this subpart must be available for inspection by the commissioner. The records must be preserved and available for three years after the expiration of the license.
Subp. 4. Eligibility requirements.
To be eligible for a bear hunting outfitters license or master bear hunting outfitters license, an applicant must be at least 16 years of age and submit proof that the applicant:
A. is certified for standard first aid and CPR by the American Red Cross or American Heart Association or through an equivalent course;
B. has completed a department-approved advanced hunter education/bear hunting outfitter clinic;
C. is eligible to possess a Minnesota big game hunting license; and
D. has scored at least 70 percent on a written bear hunting outfitter exam, administered by the commissioner. This subpart is effective October 4, 2011.
History
- Statutory Authority: MS s 97B.411; 97B.431
- History: 18 SR 83; 35 SR 505
Minn. R. 6232.3600 Seasons and Dates for Taking Moose
Moose may be taken by licensed hunters, in those years when a moose season is authorized by the commissioner, using legal firearm or legal bow and arrow within the following seasons:
A. in the Northwest Area (except the Agassiz Area) consisting of Moose Zones 1 to 17, when opened by the commissioner, for the nine-day period beginning the Saturday nearest October 11;
B. in the Agassiz Area consisting of Moose Zone 2, when opened by the commissioner, for the nine-day period beginning the Saturday nearest December 3; and
C. in the Northeast Area consisting of Moose Zones 20 to 80, when opened by the commissioner, for the 16-day period beginning the Saturday nearest October 1. Open zones and date changes, if any, can be found in the annual hunting regulations.
History
- Statutory Authority: MS s 97B.505; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484
Minn. R. 6232.3700 General Regulations for Taking Moose
Subpart 1. Party hunting.
Licensees may not hunt moose without having the unused seal in their possession. Licensed parties may not assist other licensed parties in taking moose.
Subp. 2. Mixed-weapons parties.
Licensed moose hunt parties may consist of individuals hunting with bow and arrow and individuals hunting with firearms.
Subp. 3. Blaze orange requirement.
The visible portion of the hunter's cap, if worn, and outer garments, above the waist excluding sleeves and gloves, must be blaze orange or be covered by blaze orange. Blaze orange includes a camouflage pattern of at least 50 percent blaze orange within each square foot. Persons whose sincerely held religious beliefs do not permit them to wear blaze orange may wear bright red as an alternative color in the same manner as blaze orange.
Subp. 4. Registration.
Moose must be registered, at a designated moose registration station in the area, within 48 hours after taking.
Subp. 5. Dividing moose.
Moose may be skinned, quartered, or further divided prior to transportation and registration, but all edible meat, and all other parts of the moose not left in the field, must be presented at the same time.
Subp. 6. Orientation required.
Persons licensed to take moose must attend an orientation session and have their licenses validated prior to hunting. Members of a party need not attend the same orientation session.
Subp. 7. Tagging.
A moose may not be transported or possessed unless the seal bearing the license number of the party taking the moose and the year of its issue has been affixed to the carcass by attaching it between the tendon and the bone of a hind leg and fastened around either the bone or the tendon, around the base of either antler, or through a slit cut through either ear.
The seal must be fastened so that it cannot be readily removed.
Subp. 8. License requirement.
A moose license is valid for a party of two, three, or four persons only for the zone selected.
Subp. 9. Bag limit.
The bag limit of moose is one of any age or sex per licensed party of hunters. Only one moose may be taken by a party.
History
- Statutory Authority: MS s 97A.431; 97B.505; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 19 SR 2222; 20 SR 2287
Minn. R. 6232.3800 Application Procedures for Moose License
Subpart 1. General procedures.
The provisions in this part apply to applications for moose licenses.
A. A person may apply for only one of the open zones.
B. A person may apply only once and must apply in a party of two, three, or four. All party members must apply for the same zone.
C. Up to 20 percent of the licenses in each zone of the Northwest Area may be issued in a separate landowner and tenant drawing. The following persons are eligible for this separate drawing:
D. Twenty percent of the moose licenses to be issued each year are available in a separate selection for individuals who have applied at least ten times for a moose license and who have never received a license. If the 20 percent of licenses exceeds the number of eligible applicants, the remaining permits shall be made available in the regular drawing. Evidence of unsuccessful application for purposes of this drawing is the application history database retained by the commissioner.
E. Applications for all drawings must be made in accordance with instructions.
F. The application deadline is the Friday nearest May 1.
G. An application fee, as prescribed in Minnesota Statutes, section 97A.431, subdivision 3, must accompany each party's application. Any check returned to the department for nonpayment invalidates the application and will be destroyed. Refunds of application fees may not be made for any reason.
H. There shall also be alternate parties drawn from the pool of unsuccessful parties, from the general drawing, in case successful parties decide not to purchase their permit. Alternate parties shall not be notified that they are an alternate party unless a successful party decides not to purchase a permit, in which event the alternate party may purchase a moose license.
I. Successful applicants will receive instructions for obtaining their licenses. Successful applicants must purchase their moose licenses by the Friday closest to July 1. Applicants who fail to purchase their license by the deadline forfeit their license and it will be offered to an alternate party selected through the regular drawing.
Subp. 2.
[Repealed, 30 SR 613]
History
- Statutory Authority: MS s 97A.431; 97B.505; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 19 SR 2222; 22 SR 292; 30 SR 613; 33 SR 215
Minn. R. 6232.3900 Moose Hunting on Refuges
The Clay County Refuge in Zone 15 and the sanctuary within the Rothsay Wildlife Management Area in Zone 16 are open for the taking of moose during an authorized season.
History
- Statutory Authority: MS s 97A.091; 97A.137; 97B.505; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484
Minn. R. 6232.4000 Nuisance Moose
Nuisance moose may be taken under special authorization by licensed moose hunters from September 1 to December 31 under the following conditions:
A. Conservation officers may authorize licensed hunters to take nuisance moose after the officer has verified that a nuisance problem exists.
B. An authorized party taking a nuisance moose must register it with the authorizing conservation officer within 48 hours after taking.
C. Once a party has taken a nuisance moose, the moose license is no longer valid.
D. Hunters authorized to take nuisance moose are subject to all provisions of parts 6232.3600 to 6232.4100 not inconsistent with this part and all laws relating to taking wild animals.
E. Authorization may only be granted to a party of hunters that has a valid moose hunting license. Priority must be given to parties with licenses valid for the zone in which the damage is occurring. Authorization may be granted for nuisance moose outside zones open to hunting. Only one party may hunt under an authorization. Each authorization is restricted to a specified location.
History
- Statutory Authority: MS s 97B.505; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 19 SR 2222
Minn. R. 6232.4100 Moose Zones
Subpart 1. Moose Zone 1A.
Moose Zone 1A consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 89 and County State-Aid Highway (CSAH) 42, Beltrami County; thence along STH 89 to CSAH 44, Beltrami County; thence along CSAH 44 to County Road (CR) 704, Beltrami County; thence along CR 704 to Dick's Parkway Forest Road, Beltrami County; thence along Dick's Parkway Forest Road to CSAH 5, Roseau County; thence along CSAH 5 to the Tangnes Forest Road, Roseau County; thence along the Tangnes Forest Road to the Krull Forest Road; thence in a southeasterly direction along the Krull Forest Road to CSAH 2, Lake of the Woods County; thence along CSAH 2 to STH 11; thence along STH 11 to STH 89; thence along STH 89 to CSAH 20, Roseau County; thence along CSAH 20 to CSAH 9, Roseau County; thence along CSAH 9 to CSAH 54, Marshall County; thence along CSAH 54 to CSAH 2, Marshall County; thence along CSAH 2 to CSAH 42, Beltrami County; thence along CSAH 42 to the point of beginning.
Subp. 2. Moose Zone 1B.
Moose Zone 1B consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 11 and STH 313; thence along STH 313 to the northern boundary of the state; thence west along the north boundary of the state to STH 310; thence along STH 310 to STH 11; thence along STH 11 to the point of beginning.
Subp. 3. Moose Zone 2.
Moose Zone 2 consists of the Agassiz National Wildlife Refuge and the State Eckvoll, Elm Lake, and Mud Lac Wildlife Management Areas in Marshall County.
Subp. 4. Moose Zone 3.
Moose Zone 3 consists of that portion of the state lying within the following described boundary, except that part comprising Moose Zone 2:
Beginning at the intersection of State Trunk Highway (STH) 11 and STH 32; thence along STH 11 to STH 89; thence along STH 89 to County State-Aid Highway (CSAH) 20, Roseau County; thence along CSAH 20 to CSAH 9, Roseau County; thence along CSAH 9 to CSAH 54, Marshall County; thence along CSAH 54 to CSAH 28, Pennington County; thence along CSAH 28 to STH 1; thence along STH 1 to STH 32; thence along STH 32 to the point of beginning.
Subp. 5. Moose Zone 4.
Moose Zone 4 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 11 and U.S. Highway 59; thence along STH 11 to STH 32; thence along STH 32 to U.S. Highway 59; thence along U.S. Highway 59 to the point of beginning.
Subp. 6. Moose Zone 5.
Moose Zone 5 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 11 and U.S. Highway 59; thence along STH 11 to STH 310; thence along STH 310 to the northerly boundary of the state; thence west along the northerly boundary of the state to U.S. Highway 59; thence along U.S. Highway 59 to the point of beginning.
Subp. 7. Moose Zone 6.
Moose Zone 6 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 59 and State Trunk Highway (STH) 11; thence along U.S. Highway 59 to the northerly boundary of the state; thence west along the northerly boundary of the state to U.S. Highway 75; thence along U.S. Highway 75 to STH 11; thence east along STH 11 to the point of beginning.
Subp. 8. Moose Zone 7.
Moose Zone 7 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 11 and U.S. Highway 75; thence along STH 11 to U.S. Highway 59; thence along U.S. Highway 59 to County State-Aid Highway (CSAH) 28, Marshall County; thence along CSAH 28 to CSAH 4, Marshall County; thence along CSAH 4 to U.S. Highway 75; thence along U.S. Highway 75 to the point of beginning.
Subp. 9.
[Repealed, 19 SR 484]
Subp. 9a. Moose Zones 8A and 8B.
Moose Zones 8A and 8B consist of that portion of the state lying within the following described boundaries:
A. Moose Zone 8A: Beginning at the intersection of County State-Aid Highway (CSAH) 28, Marshall County and CSAH 11, Marshall County; thence along CSAH 28 to U.S. Highway 59; thence along U.S. Highway 59 to State Trunk Highway (STH) 32; thence along STH 32 to CSAH 3, Pennington County; thence along CSAH 3 to CSAH 10, Pennington County; thence along CSAH 10 to STH 1; thence along STH 1 to CSAH 11, Pennington County; thence along CSAH 11 to CSAH 11, Marshall County; thence along CSAH 11 to the point of beginning.
B. Moose Zone 8B: Beginning at the intersection of County State-Aid Highway (CSAH) 4, Marshall County and U.S. Highway 75; thence along CSAH 4 to CSAH 28, Marshall County; thence along CSAH 28 to CSAH 11, Marshall County; thence along CSAH 11 to CSAH 11, Pennington County; thence along CSAH 11 to State Trunk Highway (STH) 1; thence along STH 1 to CSAH 10, Pennington County; thence along CSAH 10 to CSAH 3, Pennington County; thence along CSAH 3 to CSAH 21, Polk County; thence along CSAH 21 to U.S. Highway 75; thence along U.S. Highway 75 to the point of beginning.
Subp. 10. Moose Zone 9.
Moose Zone 9 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 2 and U.S. Highway 75; thence along U.S. Highway 75 to County State-Aid Highway (CSAH) 21, Polk County; thence along CSAH 21 to CSAH 3, Pennington County; thence along CSAH 3 to State Trunk Highway (STH) 32; thence on STH 32 to CSAH 1, Polk County; thence along CSAH 1 to STH 9; thence along STH 9 to U.S. Highway 2; thence along U.S. Highway 2 to the point of beginning.
Subp. 11. Moose Zone 10.
Moose Zone 10 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 41, Polk County and State Trunk Highway (STH) 59; thence along CSAH 41 to STH 32; thence along STH 32 to STH 1; thence along STH 1 to CSAH 27, Pennington County; thence along CSAH 27 to CSAH 2, Polk County; thence along CSAH 2 to STH 92; thence along STH 92 to CSAH 6, Polk County; thence along CSAH 6 to the south boundary of Polk County; thence along the south boundary of Polk County to STH 59; thence along STH 59 to the point of beginning.
Subp. 12. Moose Zone 11.
Moose Zone 11 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway 11 and County State-Aid Highway (CSAH) 17, Lake of the Woods County; thence along CSAH 17 to the north boundary line of Section 8, Township 163 N, Range 34 W; thence west along said section boundary line to the shore of Lake of the Woods; thence easterly along the south shoreline of said lake to the intersection of said shoreline with the line between Range 32 West and Range 33 West; thence along said range line to County State-Aid Highway (CSAH) 4, Lake of the Woods County; thence along CSAH 4 to State Trunk Highway 11; thence along State Trunk Highway 11 to the point of beginning.
Subp. 13. Moose Zone 12.
Moose Zone 12 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 75 and the northern boundary of the state; thence along U.S. Highway 75 to County State-Aid Highway (CSAH) 5, Marshall County; thence along CSAH 5 to its intersection with State Trunk Highway (STH) 220; thence due west from said intersection to the west boundary of the state; thence along the west and north boundaries of the state to the point of beginning.
Subp. 14. Moose Zone 13.
Moose Zone 13 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 75 and County State-Aid Highway (CSAH) 19, Polk County; thence along CSAH 19, Polk County, to its junction with CSAH 64, Polk County; thence due west to the western boundary of the state; thence northward along the west boundary of the state to a point due west of the junction of CSAH 5, Marshall County and State Trunk Highway (STH) 220; thence due east to said junction; thence along CSAH 5 to U.S. Highway 75; thence along U.S. Highway 75 to the point of beginning.
Subp. 15. Moose Zone 14.
Moose Zone 14 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 1, Polk County and State Trunk Highway (STH) 32; thence along CSAH 1 to STH 9; thence along STH 9 to CSAH 39, Norman County; thence along CSAH 39 to STH 113; thence along STH 113 to the west boundary of the White Earth Indian Reservation; thence along the west and north boundaries of said reservation to U.S. Highway 59; thence along U.S. Highway 59 to CSAH 41, Polk County; thence along CSAH 41 to STH 32; thence along STH 32 to the point of beginning.
Subp. 16. Moose Zone 15.
Moose Zone 15 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 32 and County State-Aid Highway (CSAH) 39, Norman County; thence along CSAH 39 to STH 9; thence along STH 9 to U.S. Highway 10; thence along U.S. Highway 10 to STH 32; thence along STH 32 to the point of beginning.
Subp. 17. Moose Zone 16.
Moose Zone 16 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 32 and U.S. Highway 10; thence along STH 32 to County State-Aid Highway (CSAH) 35, Clay County; thence along CSAH 35 to CSAH 21, Otter Tail County; thence along CSAH 21 to STH 108; thence along STH 108 to CSAH 21, Wilkin County; thence along CSAH 21 to CSAH 16, Wilkin County; thence along CSAH 16 to CSAH 15, Wilkin County; thence along CSAH 15 to CSAH 20, Wilkin County; thence along CSAH 20 to CSAH 11, Wilkin County; thence along CSAH 11 to CSAH 21, Clay County; thence along CSAH 21 to CSAH 10, Clay County; thence along CSAH 10 to STH 9; thence along STH 9 to U.S. Highway 10; thence along U.S. Highway 10 to the point of beginning.
Subp. 18. Moose Zone 17.
Moose Zone 17 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 3, Mahnomen County and the north boundary of Mahnomen County; thence along the north, west, and south boundaries of Mahnomen County to CSAH 13, Mahnomen County; thence along CSAH 13 to State Trunk Highway (STH) 113; thence along STH 113 to CSAH 3, Mahnomen County; thence along CSAH 3 to the point of beginning.
Subp. 19. Moose Zone 20.
Moose Zone 20 consists of that portion of the state lying within the following described boundary:
Beginning at the public water access on Kawishiwi Lake; thence northerly along the northeast shore of Kawishiwi Lake to the stream to Square Lake; thence northerly along said stream and along the eastern shoreline of Square Lake to the stream connecting to Kawasachong Lake; thence along said stream and along the western shore of said lake to the portage to Townline Lake; thence across said portage and through said lake to the portage to Polly Lake; thence across said portage and northerly through said lake to the outlet of the Kawishiwi River; thence downstream northerly on said river to Koma Lake; thence along the eastern shore of said lake to the Kawishiwi River connecting to Malberg Lake; thence along said river and along the west shore of said lake to the northwest corner of Malberg Lake; thence northwesterly across a portage to Record River; thence northerly along said river to Kawishiwi River; thence westerly downstream on the Kawishiwi River to the portages to Alice Lake; thence across said portages to Alice Lake; thence along the southerly shore of Alice Lake to the Kawishiwi River; thence downstream on the Kawishiwi River to the portage to Insula Lake; thence across said portage to Insula Lake; thence along the easterly shoreline of Insula Lake to the portage to Kiana Lake; thence across said portage to Kiana Lake; thence along the easterly shoreline of Kiana Lake to the portage to Thomas Lake; thence across said portage to Thomas Lake; thence along the westerly shoreline of Thomas Lake to the portages to the Kekekabic Trail; thence across said portages to the Kekekabic Trail; thence westerly on the Kekekabic Trail to the Boundary Waters Canoe Area Wilderness boundary; thence southerly, westerly, and easterly along said boundary to the point of beginning.
Subp. 20. Moose Zone 21.
Moose Zone 21 consists of that portion of the state lying within the following described boundary:
Beginning at the junction of State Trunk Highway (STH) 169 and STH 135; thence northeasterly on STH 169 to the intersection with County State-Aid Highway (CSAH) 16; thence southerly and easterly on CSAH 16 to the Silver Rapids bridge; thence along the westerly and southerly shore of Farm Lake to the Boundary Waters Canoe Area Wilderness (BWCA) border; thence southerly along the BWCA border to the South Kawishiwi River; thence southerly along the easterly shoreline of said river to Birch Lake; thence along the easterly shoreline of Birch Lake to Forest Road (FR) 178; thence southerly along FR 178 to FR 424; thence westerly along FR 424 to FR 1431; thence southerly along FR 1431 to FR 112; thence southerly along FR 112 to FR 113; thence southerly along FR 113 to the Cliffs Erie Railroad; thence westerly along said railroad to the intersection with the Dunka Spur of the Cliffs Erie Railroad in Section 11, Township 59 North, Range 13 West; thence easterly and northerly along said railroad spur to CSAH 623; thence northerly and westerly along CSAH 623 to CSAH 70; thence westerly along CSAH 70 to CSAH 21; thence westerly on CSAH 21 to CSAH 26; thence westerly and northerly on CSAH 26 to STH 135; thence northerly on STH 135 to the point of beginning.
Subp. 21. Moose Zone 22.
Moose Zone 22 consists of that portion of the state lying within the following described boundary:
Beginning at the junction of State Trunk Highway (STH) 1 and County State-Aid Highway (CSAH) 2; thence southerly on CSAH 2 to the Cliffs Erie Railroad; thence westerly along said railroad to the intersection with the Northshore Mining Company Railroad; thence northerly along said railroad to Forest Road (FR) 113; thence northerly along FR 113 to FR 112; thence northerly along FR 112 to FR 1431; thence northerly along FR 1431 to FR 424; thence easterly along FR 424 to FR 178; thence northerly along FR 178 to Birch Lake; thence northerly along the easterly shoreline of Birch Lake to the South Kawishiwi River; thence along the easterly shoreline of said river to the Boundary Waters Canoe Area Wilderness (BWCA) border; thence southerly and easterly along the BWCA border to the Snake River; thence southerly along said river to FR 377; thence westerly along FR 377 to STH 1; thence southerly along STH 1 to the point of beginning.
Subp. 22. Moose Zone 23.
Moose Zone 23 consists of that portion of the state lying within the following described boundary:
Beginning at the junction of State Trunk Highway (STH) 1 and Forest Road (FR) 377; thence easterly on FR 377 to the Snake River; thence northerly on the Snake River to the Boundary Waters Canoe Area Wilderness border; thence easterly along said border to the Island River at Forest Center; thence southerly along said river to FR 377; thence southwesterly along FR 377 to FR 373; thence southerly along FR 373 to FR 369; thence southerly along FR 369 to FR 172; thence westerly along FR 172 to STH 1; thence westerly along STH 1 to the point of beginning.
Subp. 23. Moose Zone 24.
Moose Zone 24 consists of that portion of the state lying within the following described boundary:
Beginning at the junction of Forest Road (FR) 377 and the Island River; thence northerly along said river to the Boundary Waters Canoe Area Wilderness border; thence northerly and easterly along said border to Hog Creek; thence upstream in a northeasterly direction along said creek to FR 354; thence southerly along FR 354 to County State-Aid Highway (CSAH) 7; thence southerly along CSAH 7 to FR 172; thence westerly along FR 172 to FR 369; thence northerly along FR 369 to FR 373; thence northwesterly along FR 373 to FR 377; thence northeasterly along FR 377 to the point of beginning.
Subp. 24. Moose Zone 25.
Moose Zone 25 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 2, Cook County, and Forest Road (FR) 166; thence along FR 166 to CSAH 7, Lake County; thence along CSAH 7 to FR 354; thence along FR 354 to Hog Creek; thence southwesterly along said creek to the Boundary Waters Canoe Area Wilderness boundary; thence northerly, westerly, and easterly along said boundary to the small stream on Sawbill Lake which connects to the portage to Alton Lake; thence southeasterly across Sawbill Lake to the public water access and CSAH 2, Cook County; thence along CSAH 2 to the point of beginning.
Subp. 24a. Moose Zone 26.
Moose Zone 26 consists of that portion of the state lying within the following described boundary:
Beginning at the mouth of the Horse River; thence southwesterly along the Horse River to Horse Lake; thence along the easterly shore of Horse Lake to the portage to Tin Can Mike Lake; thence across said portage to Tin Can Mike Lake; thence along the easterly shore of Tin Can Mike Lake to the portage to Sandpit Lake; thence across said portage to Sandpit Lake; thence along the easterly shore of Sandpit Lake to the portage to Range Lake; thence across said portage to Range Lake; thence along the easterly shore of Range Lake to the Range River; thence up the Range River to the intersection with Boundary Waters Canoe Area Wilderness (BWCA) border; thence following the BWCA border southerly and easterly to Snowbank Lake; thence continuing southerly on the BWCA border to its intersection with the Kekekabic Trail; thence easterly on Kekekabic Trail to the portage to Hatchet Lake; thence across said portage to Hatchet Lake; thence northerly along flowage to the portage to Ima Lake; thence across said portage to Ima Lake; thence along the northerly shoreline of Ima Lake to the portage to Jordan Lake; thence across said portage to Jordan Lake; thence along the northerly shoreline of Jordan Lake to the portage to Adventure Lake; thence across said portage to Adventure Lake; thence along the northerly shoreline of Adventure Lake to the portage to Gibson Lake; thence across said portage to Gibson Lake; thence following the easterly shoreline of Gibson Lake to the portage to Ashigan Lake; thence across said portage to Ashigan Lake; thence following the easterly shoreline of Ashigan Lake to the portage to Ensign Lake; thence across said portage to Ensign Lake; thence following the northerly shoreline of Ensign Lake to the portage to Trident Lake; thence across said portage to Trident Lake; thence following the easterly shoreline of Trident Lake to the portage to Frog Lake; thence across said portage to Frog Lake; thence following the westerly shoreline of Frog Lake to the portage to Birch Lake; thence across said portage to Birch Lake; thence northeasterly along southerly shoreline of Birch Lake to the United States-Canada international border; thence westerly and southerly along said border to Lower Basswood Falls; thence southerly along the shoreline of the Basswood River to the point of beginning.
Subp. 24b. Moose Zone 27.
Moose Zone 27 consists of that portion of the state lying within the Boundary Waters Canoe Area Wilderness Trout Lake Unit northeast of Lake Vermilion.
Subp. 24c. Moose Zone 28.
Moose Zone 28 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 2, Lake County and Superior National Forest Road (NFR) 122; thence along NFR 122 to CSAH 44, St. Louis County; thence along CSAH 44 to County Road (CR) 266 (Fox Farm Road), St. Louis County; thence along CR 266 to the North Shore snowmobile trail; thence in a northeasterly direction along the North Shore snowmobile trail to CSAH 2, Lake County; thence along CSAH 2 to the point of beginning.
Subp. 25. Moose Zone 29.
Moose Zone 29 consists of that portion of the state lying within the following described boundary:
Beginning on State Trunk Highway (STH) 1 at Isabella; thence in a southerly direction along State Trunk Highway 1 to the Erie Mining Company Railroad; thence in a westerly direction along the Erie Mining Company Railroad to Forest Road (FR) 102; thence along FR 102 to FR 104; thence along FR 104 to County State-Aid Highway (CSAH) 2, Lake County; thence along CSAH 2 to STH 1; thence along STH 1 to the point of beginning.
Subp. 26. Moose Zone 30.
Moose Zone 30 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 2, Lake County and Forest Road (FR) 122; thence along FR 122 to CSAH 44, St. Louis County; thence along CSAH 44 to CSAH 16, St. Louis County; thence along CSAH 16 to the Soudan Branch of the Duluth, Missabe and Iron Range Railway Company (DM&IR); thence along said railroad to Wyman Creek; thence along Wyman Creek to the Erie Mining Company Railroad in Section 17, T. 59N, R. 14W; thence eastward along said railroad to CSAH 2, Lake County; thence along CSAH 2 to the point of beginning.
Subp. 27. Moose Zone 31.
Moose Zone 31 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 1 and County State-Aid Highway (CSAH) 4, Lake County; thence in a southwesterly direction along CSAH 4 to CSAH 3, Lake County; thence along CSAH 3 to Silver Creek Township Road (TR) 24 (Alger Grade); thence along TR 24 to CSAH 2, Lake County; thence along CSAH 2 to Forest Road (FR) 104; thence along FR 104 to FR 102; thence along FR 102 to the Erie Mining Company Railroad; thence along the Erie Mining Company Railroad to STH 1; thence along STH 1 to the point of beginning.
Subp. 28. Moose Zone 32.
Moose Zone 32 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of the Little Indian Sioux River and the Boundary Waters Canoe Area Wilderness (BWCA) boundary north of County State-Aid Highway (CSAH) 116; thence in a northerly and westerly direction along the BWCA boundary to the United States-Canada international border at Sand Point Lake; thence following the international border south and east to Loon Lake; thence along the southerly shoreline of Loon Lake to the Little Indian Sioux River; thence upstream on the Little Indian Sioux River to Lower Pauness Lake; thence along the easterly shoreline of Lower Pauness Lake to the portage to Shell Lake; thence along the portage to Shell Lake; thence along the southerly shoreline of Shell Lake to the portage to Little Shell Lake; thence along the southerly shoreline of Little Shell Lake to the portage to Lynx Lake; thence along the portage to Lynx Lake; thence along the southerly and easterly shoreline of Lynx Lake to the portage to Ruby Lake; thence along the portage to Ruby Lake; thence along the southerly shoreline of Ruby Lake to the portage to Hustler Lake; thence along the portage to Hustler Lake; thence along the southerly shoreline of Hustler Lake to the portage to Oyster Lake; thence along the portage to Oyster Lake; thence along the southerly shoreline of Oyster Lake to the portage to Oyster River; thence along the portage to Oyster River; thence along the Oyster River to its junction with the Nina Moose River; thence easterly along the Nina Moose River to its confluence with Lake Agnes; thence along the southerly shoreline of Lake Agnes to the portage to Boulder River; thence along the portage to Boulder River; thence easterly along the Boulder River to its confluence with the Dahlgren River; thence southerly along the Dahlgren River to its confluence with Stuart Lake; thence along the southerly shoreline of Stuart Lake to the portage to Nibin Lake; thence along the portage to Nibin Lake; thence along the southerly shoreline of Nibin and Bibon Lakes to the portage to Sterling Lake; thence along the portage to Sterling Lake; thence along the southerly shoreline of Sterling Lake to Sterling Creek; thence easterly along Sterling Creek to its confluence with the Beartrap River; thence easterly and southerly along the Beartrap River to the portage to Sunday Lake; thence along the portage to Sunday Lake; thence along the westerly shoreline of Sunday Lake to the Beartrap River; thence southerly along the Beartrap River to Beartrap Lake; thence along the southerly shore of Beartrap Lake to the portage to Thunder Lake; thence along the portage to Thunder Lake; thence along the westerly shoreline of Thunder Lake to the portage to Mud Hole Lake; thence along the portage to Mud Hole Lake; thence through Mud Hole Lake to the portage to Gull Lake; thence along the portage to Gull Lake; thence along the northerly shoreline of Gull Lake to the portage to Gun Lake; thence along the portage to Gun Lake; thence along the westerly shoreline of Gun Lake to the portage to Fairy Lake; thence along the portage to Fairy Lake; thence along the westerly shoreline of Fairy Lake to the portage to Boot Lake; thence along the portage to Boot Lake; thence along the westerly and southerly shores of Boot Lake to the portage to Fourtown Lake; thence along the portage to Fourtown Lake; thence along the westerly, southerly, and easterly shorelines of Fourtown Lake to the portage to Horse Lake; thence along the portage to Horse Lake; thence along the westerly and southerly shoreline of Horse Lake to the portage to Tin Can Mike Lake; thence along the portage to Tin Can Mike Lake; thence along the easterly shoreline of Tin Can Mike Lake to the portage to Sandpit Lake; thence along the portage to Sandpit Lake; thence along the easterly shoreline of Sandpit Lake to the portage to Range Lake; thence along the portage to Range Lake; thence along the easterly shoreline of Range Lake to the Range River; thence up the Range River to the intersection with the BWCA boundary; thence along the BWCA boundary northerly and westerly to the point of beginning.
Subp. 29. Moose Zone 33.
Moose Zone 33 consists of that portion of the state lying within the following described boundary:
Beginning at the junction of County State-Aid Highway (CSAH) 116 and Forest Road (FR) 200; thence in a southerly direction along FR 200 to Hilda Creek; thence upstream in an easterly and southerly direction to the intersection with the Boundary Waters Canoe Area Wilderness (BWCA) boundary; thence following the BWCA boundary in an easterly, northerly, and southerly direction to where it intersects Slim Creek; thence northeasterly along Slim Creek to Hunch Lake; thence across Hunch Lake; thence continuing northeasterly along Spring Creek to the BWCA boundary line north of CSAH 116; thence follow said boundary back in a northerly and westerly direction to an unnamed creek in the Northeast Quarter of Section 23, Township 66 North, Range 16 West; thence follow said flowage westerly to FR 199; thence follow FR 199 southerly to CSAH 116; thence follow CSAH 116 to the point of beginning.
Subp. 29a. Moose Zone 34.
Moose Zone 34 consists of that portion of the state lying within the following described boundaries:
Beginning at the junction of County State-Aid Highway (CSAH) 116 and Forest Road (FR) 200; thence in a southerly direction along FR 200 to Hilda Creek; thence upstream in an easterly and southerly direction to the intersection with the Boundary Waters Canoe Area Wilderness (BWCA) boundary; thence following the BWCA boundary in a westerly, southerly, and easterly direction to where it intersects Vermilion Lake; thence westerly along the north shore of Vermilion Lake to the Vermilion River; thence along the Vermilion River to Crane Lake; thence along the south and east shore of Crane Lake to King William Narrows; thence through King William Narrows to the south shore of Sand Point Lake; thence easterly along the south shore of Sand Point Lake to the boundary of the Kabetogama State Forest; thence from said boundary easterly across Sand Point Lake to the Canadian border; thence along the Canadian border in a southeasterly direction to the intersection of the BWCA boundary; thence following the BWCA boundary in a westerly, southerly, and easterly direction to an unnamed creek in the Northeast Quarter of Section 23, Township 66 North, Range 16 West; thence follow said flowage westerly to FR 199; thence follow FR 199 southerly to CSAH 116; thence follow CSAH 116 easterly to the point of beginning.
Subp. 29b. Moose Zone 35.
Moose Zone 35 consists of that portion of the state lying within the following described boundaries:
Beginning at the intersection of the Little Indian Sioux River and County State-Aid Highway (CSAH) 116 (Echo Trail), St. Louis County; thence along the Little Indian Sioux River to Upper Pauness Lake; thence along the east shore of Upper Pauness Lake to the outlet of Upper Pauness Lake; thence along said outlet to Lower Pauness Lake; thence along the east shore of Lower Pauness Lake to the Little Indian Sioux River; thence along the Little Indian Sioux River to the Canadian border; thence along the Canadian border through Loon, Loon River, Little Vermilion, and Sand Pit Lakes; thence through King Williams Narrows to the east shore of Crane Lake; thence along the east and south shore of Crane Lake to the Vermilion River; thence along the Vermilion River to CSAH 24, St. Louis County; thence along CSAH 24 to CSAH 116, St. Louis County; thence along CSAH 116 to the point of beginning.
Subp. 29c. Moose Zone 36.
Moose Zone 36 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of the United States-Canada international border and the westernmost point of Loon Lake; thence following said border in a northerly and easterly direction to Lower Basswood Falls; thence along the southerly shoreline of the Basswood River to the mouth of the Horse River; thence southwesterly along the Horse River to Horse Lake; thence along the easterly and southerly shore of Horse Lake to the portages to Fourtown Lake; thence along the portages to Fourtown Lake; thence along the easterly, southerly, and westerly shorelines of Fourtown Lake to the portage to Boot Lake; thence along the portage to Boot Lake; thence along the southerly and westerly shores of Boot Lake to the portage to Fairy Lake; thence along the portage to Fairy Lake; thence along the westerly shoreline of Fairy Lake to the portage to Gun Lake; thence along the portage to Gun Lake; thence along the westerly shoreline of Gun Lake to the portage to Gull Lake; thence along the portage to Gull Lake; thence along the northerly shoreline of Gull Lake to the portage to Mud Hole Lake; thence along the portage to Mud Hole Lake; thence through Mud Hole Lake to the portage to Thunder Lake; thence along the portage to Thunder Lake; thence along the westerly shoreline of Thunder Lake to the portage to Beartrap Lake; thence along the portage to Beartrap Lake; thence along the southerly shore of Beartrap Lake to the Beartrap River; thence northerly along the Beartrap River to the portage to Sunday Lake; thence along the portage to Sunday Lake; thence along the westerly shoreline of Sunday Lake to the Beartrap River; thence westerly along the Beartrap River to its confluence with Sterling Creek; thence westerly along Sterling Creek to Sterling Lake; thence along the southerly shoreline of Sterling Lake to the portage to Bibon Lake; thence along the portage to Bibon Lake; thence along the southerly shoreline of Bibon and Nibin Lakes to the portage to Stuart Lake; thence along the portage to Stuart Lake; thence along the southerly shoreline of Stuart Lake to its confluence with the Dahlgren River; thence northerly along the Dahlgren River to its confluence with the Boulder River; thence westerly along the Boulder River to the portage to Lake Agnes; thence along the portage to Lake Agnes; thence along the southerly shoreline of Lake Agnes to its confluence with Nina Moose River; thence westerly along the Nina Moose River to its confluence with the Oyster River; thence along the Oyster River to the portage to Oyster Lake; thence along the portage to Oyster Lake; thence along the southerly shoreline of Oyster Lake to the portage to Hustler Lake; thence along the portage to Hustler Lake; thence along the southerly shoreline of Hustler Lake to the portage to Ruby Lake; thence along the portage to Ruby Lake; thence along the southerly shoreline of Ruby Lake to the portage to Lynx Lake; thence along the portage to Lynx Lake; thence along the easterly and southerly shoreline of Lynx Lake to the portage to Little Shell Lake; thence along the portage to Little Shell Lake; thence along the southerly shoreline of Little Shell Lake to the portage to Shell Lake; thence along the portage to Shell Lake; thence along the southerly shoreline of Shell Lake to the portage to Lower Pauness Lake; thence along the portage to Lower Pauness Lake; thence along the easterly shoreline of Lower Pauness Lake to the Little Indian Sioux River; thence downstream on the Little Indian Sioux River to Loon Lake; thence along the southerly shoreline of Loon Lake to the point of beginning.
Subp. 29d. Moose Zone 37.
Moose Zone 37 consists of that portion of the state lying within the following described boundary:
Beginning where the Trout Lake portage intersects the Boundary Waters Canoe Area Wilderness (BWCA) border; thence proceeding southerly and easterly along the north shore of Lake Vermilion to Armstrong Bay; thence westerly to the Soudan Underground Mine State Park boundary; thence southerly along the eastern boundary of said park to State Trunk Highway (STH) 169; thence northeasterly on STH 169 to the intersection with County State-Aid Highway (CSAH) 16; thence southerly and easterly on CSAH 16 to the Silver Rapids bridge; thence along the westerly and southerly shore of Farm Lake to the BWCA border; thence northerly and easterly along said BWCA border to Snowbank Lake; thence westerly along said border to the intersection of Spring Creek and the BWCA border; thence southwesterly on Spring Creek to Hunch Lake; thence southwesterly from Hunch Lake along Slim Creek to its intersection with the BWCA border; thence following the southern BWCA border to the point of beginning.
Subp. 30. Moose Zone 60.
Moose Zone 60 consists of that portion of the state lying within the following described boundary:
Beginning where the Boundary Waters Canoe Area Wilderness (BWCA) boundary intersects the stream between Little John and John Lakes; thence westerly, northerly, southerly, and easterly along said boundary to the point said boundary intersects with the United States-Canada international boundary at the Height of Land portage between North Lake and South Lake; thence southwesterly along the Height of Land portage; thence easterly and southerly along the United States-Canada international boundary through South, Rat, Rose, Rove, Watap, Mountain, Fan, Lily, Moose, and North Fowl Lakes to a point due north of the mouth of the Royal River in South Fowl Lake; thence southerly approximately one mile through said lake to the BWCA boundary; thence westerly, southerly, and northerly along said boundary to the point of beginning.
Subp. 31. Moose Zone 61.
Moose Zone 61 consists of that portion of the state lying within the following described boundary:
Beginning at the junction of the portage trail connecting Round Lake in Section 33, Township 65 North, Range 4 West, to Missing Link Lake and the Boundary Waters Canoe Area Wilderness (BWCA) boundary; thence westerly and northerly along said boundary to Edith Lake; thence westerly along the southern shoreline of said lake to the stream connecting to Brant Lake; thence westerly along said stream and northwesterly through said lake to the portage trail to Gotter Lake; thence westerly along said portage trail and through said lake to the portage trail to Flying Lake; thence along said portage trail and northwesterly through said lake to the portage trail to Green Lake; thence southeasterly along said portage trail and through said lake to the portage trail to Bat Lake; thence along said portage trail and southwesterly through said lake to the portage trail to Gillis Lake; thence southerly across said portage and along the eastern and southern shores of Gillis Lake to the stream connecting to Crooked Lake; thence southeasterly along said stream and along the eastern shoreline of Crooked Lake to the stream to Tarry Lake; thence southerly along said stream and along the western shore of said lake to the stream to Mora Lake; thence southerly along said stream and along the eastern and southern shores of said lake to the stream connecting to Time Lake; thence southeasterly along all streams and through Time, Whipped, Fente, and Afton Lakes to Frost River; thence easterly along Frost River, through Pencil and Chase Lakes; thence along the south shoreline of Octopus Lake to the eastern end of Octopus Lake; thence southeasterly along an unnamed flowage to Noodle Lake; thence southwesterly along an unnamed flowage to Wing Lake; thence southeasterly along the eastern shoreline of said lake to the portage connecting to Guard Lake; thence across said portage and across said lake to the portage to Ranger Lake; thence easterly across said portage and along the western and southern shoreline of said lake to a stream connecting to Cherokee Lake; thence easterly along said stream and northeasterly along the north shoreline of said lake and along all streams through Town and Cash Lakes to the southeast corner of Cash Lake; thence easterly along an unnamed flowage to the unnamed lake in the Northwest Quarter of the Southwest Quarter of Section 32, Township 64 North, Range 3 West; thence overland for approximately 0.5 miles easterly to an unnamed lake in the North Half of the Southeast Quarter of Section 32, Township 64 North, Range 3 West; thence easterly through said unnamed lake and along its outlet stream to Davis Lake; thence easterly along the southern shoreline of Davis Lake and along all streams and portages through Pup Lake to the portage to Winchell Lake; thence easterly across said portage and through said lake to the portage to Gaskin Lake; thence northerly over said portage to said lake; thence along the southern shoreline of Gaskin Lake and along all portages and through Icicle and Snack Lakes to Vista Lake; thence along the northern shoreline of Vista Lake to the portage to Jake Lake; thence across said portage and across Jake Lake to the stream to Morgan Lake; thence along said stream and across Morgan Lake to the portage connecting Morgan Lake to United States Forest Service Road 315; thence along said portage to the BWCA boundary; thence northerly and westerly along said boundary to the point of beginning.
Subp. 32. Moose Zone 62.
Moose Zone 62 consists of that portion of the state lying within the following described boundary:
Beginning at the public water access on Kawishiwi Lake; thence northerly along the northeast shore of Kawishiwi Lake to the stream to Square Lake; thence northerly along said stream and along the eastern shoreline of Square Lake to the stream connecting to Kawasachong Lake; thence along said stream and along the western shore of said lake to the portage to Townline Lake; thence across said portage and through said lake to the portage to Polly Lake; thence across said portage and northerly through said lake to the outlet of the Kawishiwi River; thence downstream northerly on said river to Koma Lake; thence along the eastern shore of said lake to the Kawishiwi River connecting to Malberg Lake; thence along said river and along the west shore of said lake to the northwest corner of Malberg Lake; thence northwesterly across a portage to Record River; thence northerly along said river to Kawishiwi River; thence northeasterly upstream along Kawishiwi River to the stream connecting to Kivaniva Lake; thence northerly along said stream and along the southeastern shore of said lake to drainage from Kivandeba Lake; thence along the drainage and southerly shoreline of said lake to the drainage from John Ek Lake; thence easterly along said drainage and along the southerly and westerly shorelines of said lake to the south end of said lake; thence overland for approximately 100 feet easterly to an unnamed flowage; thence easterly along said unnamed flowage across the South Half of the North Half of Section 31, Township 64 North, Range 5 West, and the South Half of the North Half of Section 32, Township 64 North, Range 5 West, to Teat Lake; thence easterly along said unnamed flowage through Teat and Lawless Lakes to the southern end of Lawless Lake; thence over land and all waters for approximately 0.8 miles southeasterly to the western end of Mesaba Lake; thence northeasterly on the north and west shoreline of said lake to an unnamed stream connecting to Hub Lake; thence northerly along said unnamed stream and along the east and south shores of Hub Lake to the stream connecting to Chuck Lake; thence easterly along said stream and along the south shoreline of Chuck Lake to the stream connecting to Florence Lake; thence along said stream and along the north shoreline of said lake to its northeast tip; thence overland for approximately 1,000 feet northeasterly to an unnamed lake in the Southwest Quarter of the Northwest Quarter of Section 36, Township 64 North, Range 5 West; thence through said lake to the stream connecting to Frost River; thence northeasterly along said stream; thence easterly along Frost River through Pencil and Chase Lakes; thence along the south shoreline of Octopus Lake to the eastern end of Octopus Lake; thence southeasterly along an unnamed flowage to Noodle Lake; thence southwesterly along an unnamed flowage to Wing Lake; thence along the eastern shoreline of said lake to its easternmost tip; thence across the portage to Guard Lake; thence across said lake to the portage to Ranger Lake; thence easterly across said portage and along the western and southern shoreline of said lake to a stream connecting to Cherokee Lake; thence easterly along said stream and northeasterly along the north shoreline of said lake and along all streams through Town and Cash Lakes to the southeast corner of Cash Lake; thence easterly along an unnamed flowage to the unnamed lake in the Northwest Quarter of the Southwest Quarter of Section 32, Township 64 North, Range 3 West; thence overland for approximately 0.5 miles easterly to an unnamed lake in the North Half of the Southeast Quarter of Section 32, Township 64 North, Range 3 West; thence easterly through said unnamed lake and along its outlet stream to Davis Lake; thence easterly along the southern shoreline of Davis Lake and along all streams and portages through Pup Lake to the portage to Winchell Lake; thence easterly across said portage and through said lake to the portage to Gaskin Lake; thence northerly over said portage to said lake; thence along the southern shoreline of Gaskin Lake and over all portages and through Icicle and Snack Lakes to Vista Lake; thence along the northern shoreline of Vista Lake to the portage to Jake Lake; thence across said portage and across Jake Lake to the stream to Morgan Lake; thence along said stream and across Morgan Lake to the portage connecting Morgan Lake to United States Forest Service Road 315; thence along said portage to the Boundary Waters Canoe Area Wilderness boundary; thence southerly, westerly, and northerly along said boundary to the point of beginning.
Subp. 33. Moose Zone 63.
Moose Zone 63 consists of that portion of the state lying within the following described boundary:
Beginning at the point where the Cook and Lake County boundaries meet the United States-Canada international boundary; thence southwesterly along said international boundary through Swamp Lake and to the portage connecting to Ashdick Lake; thence across said portage and southerly through said lake to a drainage from Chaco Lake; thence southerly approximately 1,000 feet along said drainage; thence southerly through Chaco Lake; thence along a drainage approximately 750 feet to an unnamed lake in the Northeast Quarter of Section 35, Township 66 North, Range 6 West; thence southerly through said lake and southerly through drainage for approximately 2,200 feet to an unnamed lake in the Southeast Quarter of Section 35, Township 66 North, Range 6 West; thence easterly through said lake to a drainage from an unnamed lake in the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 35, Township 66 North, Range 6 West; thence through said lake to a stream connecting to Nawakwa Lake; thence southeasterly along said stream and southerly through said lake to a stream connecting to Fish Lake; thence southerly along said stream and through said lake to a drainage connecting to the south end of Fish Lake; thence southeasterly about 1.2 miles in Section 12, Township 65 North, Range 6 West, through said drainage to Nectar Lake; thence across said lake to the southern shore; thence southerly approximately 1,300 feet to Kingfisher Lake; thence southeasterly across said lake to the stream to Jasper Lake; thence southeasterly through said stream and along the north shoreline of said lake to the portage to Tern Lake on the east shore of Jasper Lake; thence easterly along said portage and southeasterly through said lake to the easternmost point where a stream enters the lake; thence easterly and southerly along said stream and small unnamed lakes to the northeastern shore of an unnamed lake in the Southeast Quarter of the Northwest Quarter of Section 21, Township 65 North, Range 5 West; thence easterly approximately 3,800 feet over land and water to Rumpus Lake; thence easterly across said lake to the eastern shore; thence southeasterly approximately 1,000 feet to Acorn Lake; thence easterly across said lake to the eastern shore; thence easterly approximately 5,000 feet over land and water to the northernmost shoreline of Loop Lake; thence easterly approximately 1,300 feet to the northernmost shoreline of an unnamed lake lying partially in the Southwest Quarter of the Northwest Quarter of Section 24, Township 65 North, Range 5 West; thence easterly approximately 1,500 feet to the western shore of Jap Lake; thence along the north shoreline of said lake to the stream connecting to Rally Lake; thence northeasterly along said stream and easterly through said lake to a stream to Squat Lake; thence along said stream and southerly through said lake to a stream connecting to a pond approximately 250 feet south of said lake; thence along said stream and through said pond to the south shore of said pond; thence south approximately 1,400 feet across land to Honker Lake; thence across said lake to the stream connecting to Bingshick Lake; thence southerly along said stream and southerly across said lake to the portages and stream connecting to Flying Lake; thence southerly across said stream, said portages, and said lake to the portage to Gotter Lake; thence across said portage and through said lake to the portage to Brant Lake; thence across said portage and through said lake to the stream connecting to Edith Lake; thence along said stream and along the southern shoreline of said lake to the Boundary Waters Canoe Area Wilderness boundary; thence northerly, westerly, easterly, and southerly along said boundary to the United States-Canada international boundary at the outlet from Magnetic Lake; thence northerly and westerly along said international boundary through Pine River, Granite River, Saganaga Lake, and Swamp Lake to the point of beginning.
Subp. 33a. Moose Zone 64.
Moose Zone 64 consists of that portion of the state lying within the following described boundary:
Beginning at the United States-Canada international border on the east end of Birch Lake; thence proceeding northeasterly along said border to Swamp Lake and the portage connecting to Ashdick Lake; thence southerly across said portage and southerly through said lake to a drainage from Chaco Lake; thence southerly approximately 1,000 feet along said drainage; thence southerly through Chaco Lake; thence along a drainage approximately 750 feet to an unnamed lake in the Northeast Quarter of Section 35, Township 66 North, Range 6 West; thence southerly through said lake and southerly through a drainage for approximately 2,200 feet to an unnamed lake in the Southeast Quarter of Section 35, Township 66 North, Range 6 West; thence easterly through said lake to a drainage from an unnamed lake in the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 35, Township 66 North, Range 6 West; thence through said lake to a stream connecting to Nawakwa Lake; thence southeasterly along said stream and southerly through said lake to a stream connecting to Fish Lake; thence southerly along said stream and through said lake to a drainage connecting to the south end of Fish Lake; thence southeasterly about 1.2 miles in Section 12, Township 65 North, Range 6 West, through said drainage to Nectar Lake and to the southern shore of said lake; thence southerly overland approximately 1,300 feet to Kingfisher Lake; thence southeasterly through said lake to the stream to Jasper Lake; thence southeasterly through said stream and along the north shoreline of said lake to the portage to Tern Lake on the east shore of Jasper Lake; thence easterly along said portage and southeasterly through said lake to the easternmost point where a stream enters the lake; thence easterly and southerly along said stream and small unnamed lakes to the northeastern shore of an unnamed lake in the Southeast Quarter of the Northwest Quarter of Section 21, Township 65 North, Range 5 West; thence easterly approximately 3,800 feet over land and water to Rumpus Lake; thence easterly across said lake to the eastern shore; thence southeasterly approximately 1,000 feet to Acorn Lake; thence easterly across said lake to the eastern shore; thence easterly approximately one mile over land and water to the northernmost shoreline of Loop Lake; thence easterly approximately 1,300 feet to the northernmost shoreline of an unnamed lake lying partially in the Southwest Quarter of the Northwest Quarter of Section 24, Township 65 North, Range 5 West; thence easterly approximately 1,500 feet to the western shore of Jap Lake; thence along the north shoreline of said lake to the stream connecting to Rally Lake; thence northeasterly along said stream and easterly through said lake to a stream to Squat Lake; thence along said stream and southerly through said lake to a stream connecting to a pond approximately 250 feet south of said lake; thence along said stream and through said pond to the south shore of said pond; thence south approximately 1,400 feet across land to Honker Lake; thence across said lake to the stream connecting to Bingshick Lake; thence southerly along said stream and southerly across said lake to the portages and stream connecting to Flying Lake; thence southerly across said stream, said portages, and said lake to the portage to Green Lake; thence westerly across said portage and through said lake to the portage to Bat Lake; thence westerly across said portage and through said lake to the portage to Gillis Lake; thence along the eastern and southern shoreline of said lake to the portage to Crooked Lake; thence southeasterly across said portage and along the eastern shoreline of said lake to the portage to Tarry Lake; thence southerly across said portage and along the western shoreline of said lake to the portage to Mora Lake; thence southerly across said portage and along the western and southern shoreline of said lake to the stream to Time Lake; thence southeasterly along all streams and through Time, Whipped, Fente, and Afton Lakes to Frost River; thence southeasterly along said river .25 mile; thence southwesterly through a stream and through an unnamed lake in the Southwest Quarter of the Northwest Quarter of Section 36, Township 64 North, Range 5 West; thence southwest overland approximately 1,000 feet to Florence Lake; thence along the westerly shoreline of said lake; thence along the southerly shoreline of Chuck Lake; thence follow southerly shore of all drainages northwesterly to Hub Lake; thence along the southerly shoreline of Hub Lake to the stream connecting to Mesaba Lake; thence along said stream and along the westerly and northerly shoreline of said lake to the portage to Chaser Lake; thence northwesterly over land and all waters for approximately .8 mile to the southerly side of Lawless Lake; thence through said lake to a stream connecting to Teat Lake; thence along said stream and through said lake to the western shore; thence westerly along unnamed flowages across the South Half of the North Half of Section 32, Township 64 North, Range 5 West, and the South Half of the North Half of Section 31, Township 64 North, Range 5 West, to the southern end of John Ek Lake; thence along the westerly and southerly shorelines of John Ek Lake to the drainage to Kivandeba Lake; thence westerly along said drainage and along the southern shoreline of said lake to the drainage to Kivaniva Lake; thence southerly and westerly along said drainage and southerly along the eastern shore of said lake to the portage to the Kawishiwi River; thence across said portage and downstream on the Kawishiwi River to the portages to Alice Lake; thence across said portages to Alice Lake; thence along the southerly shore of Alice Lake to the Kawishiwi River; thence downstream on the Kawishiwi River to the portage to Insula Lake; thence across said portage to Insula Lake; thence along the easterly shoreline of Insula Lake to the portage to Kiana Lake; thence across said portage to Kiana Lake; thence along the easterly shoreline of Kiana Lake to the portage to Thomas Lake; thence across said portage to Thomas Lake; thence along the westerly shoreline of Thomas Lake to the portages to Hatchet Lake; thence across said portages to Hatchet Lake; thence northerly along flowage to the portage to Ima Lake; thence across said portage to Ima Lake; thence along the northerly shoreline of Ima Lake to the portage to Jordan Lake; thence across said portage to Jordan Lake; thence along the northerly shoreline of Jordan Lake to the portage to Adventure Lake; thence across said portage to Adventure Lake; thence along the northerly shoreline of Adventure Lake to the portage to Gibson Lake; thence across said portage to Gibson Lake; thence following the easterly shoreline of Gibson Lake to the portage to Ashigan Lake; thence across said portage to Ashigan Lake; thence following the easterly shoreline of Ashigan Lake to the portage to Ensign Lake; thence across said portage to Ensign Lake; thence following the northerly shoreline of Ensign Lake to the portage to Trident Lake; thence across said portage to Trident Lake; thence following the easterly shoreline of Trident Lake to the portage to Frog Lake; thence across said portage to Frog Lake; thence following the westerly shoreline of Frog Lake to the portage to Birch Lake; thence across said portage to Birch Lake; thence northeasterly along southerly shoreline of Birch Lake to the point of beginning.
Subp. 34. Moose Zone 70.
Moose Zone 70 consists of that portion of the state lying within the following described boundary:
Beginning at the point where the Brule River crosses Minnesota Highway 61; thence northeasterly along Minnesota Highway 61 to the Grand Portage Indian Reservation boundary at the range line between Ranges 4 and 5 East; thence northerly along the Grand Portage Indian Reservation boundary to Swamp Lake; thence northwesterly along the Grand Portage Indian Reservation boundary to Pigeon River and the United States-Canada international boundary; thence northwesterly along said international boundary on the Pigeon River and South Fowl Lake to a point due north of the mouth of Royal River; thence southerly approximately one mile to the Boundary Waters Canoe Area Wilderness boundary; thence westerly, southerly, and northerly along said boundary to Puff Creek; thence southwesterly approximately 900 feet along said creek to its junction with an unnamed creek on the section line between Sections 14 and 15, Township 64 North, Range 2 East; thence southeasterly along said unnamed creek to Tittle Lake; thence southeasterly through swamp for approximately one half mile to the unnamed lake in the Southwest Quarter of Section 13, Township 64 North, Range 2 East; thence southwesterly through approximately one half mile of swamp and upland to Greenwood Lake at a location in the Southeast Quarter of the Northeast Quarter of Section 23, Township 64 North, Range 2 East; thence southwesterly through Greenwood Lake to its outlet at Greenwood River; thence southerly along Greenwood River to its junction with Brule River; thence southeasterly along Brule River to the point of beginning.
Subp. 35. Moose Zone 71.
Moose Zone 71 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 61 and the Devil Track River; thence northeasterly along U.S. Highway 61 to the range line between R. 4E and R. 5E; thence north along said range line to an unnamed lake in the Northeast Quarter of Section 13 of T. 63N, R. 4E; thence west-southwesterly to an unnamed creek entering Jackson Lake; thence along said creek, through Jackson Lake to Jackson Creek; thence along Jackson Creek to the Swamp River; thence along the Swamp River to County State-Aid Highway (CSAH) 16, Cook County; thence along CSAH 16 to Grand Portage State Forest Road (GPSFR) 2, Cook County; thence northwesterly along GPSFR 2 to the flowage from Moosehorn Lake toward the headwaters swamp of the Flute Reed River; thence along said flowage to the Flute Reed River; thence overland in a westerly direction to the junction at the Brule River and an unnamed stream near the center of the line between Sections 9 and 10 of T. 62N, R. 3E; thence along said unnamed stream to a trail (abandoned roadbed) in the Northwest Quarter of Section 9, T. 62N, R. 3E; thence in a southerly direction along said trail for approximately 1.6 miles to its junction with a second trail (abandoned roadbed); thence in a westerly direction along said second trail for approximately 1.5 miles to its junction with a third trail (abandoned roadbed); thence in a southerly direction along said third trail for approximately 2.25 miles to CSAH 14, Cook County; thence along CSAH 14 to CSAH 60, Cook County; thence in a westerly direction along CSAH 60 to its junction with the Devil Track River; thence along the Devil Track River to the point of beginning.
Subp. 36. Moose Zone 72.
Moose Zone 72 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of Cook County State-Aid Highway (CSAH) 12 and United States Forest Service Road 146; thence northerly and easterly along said road to the stream connecting Aspen and East Bearskin Lakes; thence easterly along said stream to East Bearskin Lake; thence easterly through East Bearskin Lake to the Boundary Waters Canoe Area Wilderness (BWCA) boundary on the southern shore of said lake at the section line between Section 12, Township 64 North, Range 1 West, and Section 7, Township 64 North, Range 1 East; thence southerly, easterly, and northerly along said boundary to Puff Creek; thence southwesterly approximately 900 feet along said creek to it junction with an unnamed creek on the section line between Sections 14 and 15, Township 64 North, Range 2 East; thence southeasterly along said unnamed creek to Tittle Lake; thence southeasterly through swamp for approximately one half mile to the unnamed lake in the Southwest Quarter of Section 13, Township 64 North, Range 2 East; thence southwesterly through approximately one half mile of swamp and upland to Greenwood Lake at a location in the Southeast Quarter of the Northeast Quarter of Section 23, Township 64 North, Range 2 East; thence southwesterly through Greenwood Lake to its outlet at Greenwood River; thence southerly along Greenwood River to its junction with Brule River; thence westerly upstream along Brule River to Northern Light Lake; thence along the northern shoreline of said lake to the inlet of the Brule River; thence upstream along said river to the junction with South Brule River; thence easterly upstream along South Brule River to the BWCA boundary; thence westerly, northerly, and easterly along said boundary to Lizz Lake; thence northerly through said lake to the portage to Poplar Lake; thence northerly along said portage and along the southern shoreline of said lake to the line between the Northwest and the Southwest Quarters of Section 8, Township 64 North, Range 1 West; thence easterly across said lake to the stream connecting to Road Lake; thence northeasterly along said stream to CSAH 12, Cook County; thence along CSAH 12 to the point of beginning.
Subp. 37. Moose Zone 73.
Moose Zone 73 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 12, Cook County, and CSAH 8, Cook County; thence along CSAH 8 to CSAH 27, Cook County; thence along CSAH 27 to Forest Road (FR) 323; thence along FR 323 to Ball Club Lake; thence northeasterly across said lake to the opposite shore; thence northwesterly and easterly along said shore to the easterly tip of the bay where it intersects with the Boundary Waters Canoe Area Wilderness boundary; thence easterly and northerly along said boundary to the South Brule River; thence downstream through said river to the confluence with the Brule River; thence southeasterly along the Brule River to Northern Light Lake; thence along the northern shoreline of said lake to the outlet to Brule River; thence downstream along said river to Minnesota Highway 61; thence southwesterly along Minnesota Highway 61 to Devil Track River; thence northeasterly along Devil Track River to CSAH 60, Cook County; thence along CSAH 60 to CSAH 12, Cook County; thence along CSAH 12 to the point of beginning.
Subp. 38. Moose Zone 74.
Moose Zone 74 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 12, Cook County, and Forest Road (FR) 146; thence northerly along CSAH 12 to the stream connecting Road Lake to Poplar Lake; thence southwesterly along said stream and westerly across said Poplar Lake along the line between the North Half and the South Half of Section 8, Township 64 North, Range 1 West to the shore of said lake; thence along the southern and western shorelines of said lake to the portage to Lizz Lake; thence southeasterly across said portage to Lizz Lake; thence across Lizz Lake to the Boundary Waters Canoe Area Wilderness (BWCA) boundary; thence westerly, northerly, easterly, and southerly to the United States-Canada international boundary at the outlet of Magnetic Lake; thence southerly and easterly along said international boundary through Gunflint, North, and South Lakes to its junction with the BWCA boundary at the Height of Land portage; thence westerly, southerly, and easterly along the BWCA boundary to the westernmost extent of said boundary on East Bearskin Lake; thence westerly through East Bearskin Lake to the stream connecting to Aspen Lake; thence westerly along said stream to FR 146; thence along FR 146 to the point of beginning.
Subp. 39. Moose Zone 75.
Moose Zone 75 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 61 and Cascade River; thence in a northerly direction along Cascade River to the unnamed creek near the center of Section 24 of Township 61 North, Range 2 West (T. 61 N, R. 2W); thence in an easterly direction along said unnamed creek to its headwaters swamp on the section line between Sections 16 and 21, T. 61N, R 2W; thence in an easterly direction along said section line for approximately 1 mile through said swamp and upland to County State-Aid Highway (CSAH) 48, Cook County; thence along CSAH 48 to CSAH 7, Cook County; thence along CSAH 7 to CSAH 6, Cook County; thence along CSAH 6 to CSAH 8, Cook County; thence along CSAH 8 to CSAH 12, Cook County; thence along CSAH 12 to CSAH 60, Cook County; thence in an easterly direction along CSAH 60 to Devil Track River; thence along Devil Track River to U.S. Highway 61; thence along U.S. Highway 61 to the point of beginning.
Subp. 40. Moose Zone 76.
Moose Zone 76 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 6, Cook County, and CSAH 8, Cook County; thence along CSAH 8 to CSAH 27, Cook County; thence along CSAH 27 to Forest Road (FR) 323; thence along FR 323 to Ball Club Lake; thence northeasterly across Ball Club Lake to the opposite shore; thence northwesterly and easterly along said shore to the easterly tip of the bay to a point where it intersects with the Boundary Waters Canoe Area Wilderness boundary; thence westerly, southerly, northerly, and easterly along said boundary to the Brule Lake public water access and FR 326; thence along FR 326 to FR 170; thence easterly along FR 170 to CSAH 4, Cook County; thence southerly along CSAH 4 to Caribou Creek; thence northeasterly along Caribou Creek to Caribou Lake; thence northeasterly through Caribou Lake and Bigsby Lake to Murmur Creek; thence northeasterly along Murmur Creek to FR 332; thence easterly along FR 332 to CSAH 45, Cook County; thence easterly along CSAH 45 to the Cascade River; thence northerly along the Cascade River to the unnamed creek flowing from the Southwest, Northwest, and Northeast Quarters of the Southeast Quarter, Section 24, Township 61 North, Range 2 West; thence easterly along said unnamed creek to its headwaters swamp on the section line between Sections 16 and 21, Township 61 North, Range 1 West; thence easterly along said section line for approximately one mile through said swamp and upland to FR 158; thence easterly on said road to CSAH 48, Cook County; thence easterly along CSAH 48 to CSAH 7, Cook County; thence along CSAH 7 to CSAH 6, Cook County; thence along CSAH 6 to the point of beginning.
Subp. 41. Moose Zone 77.
Moose Zone 77 consists of that portion of the state lying within the following described boundary:
Beginning at Sawbill Lake at the small stream which connects to the portage to Alton Lake; thence northerly, easterly, and southerly along the Boundary Waters Canoe Area Wilderness boundary to the Brule Lake public water access and Forest Road (FR) 326; thence along FR 326 to FR 170; thence east along FR 170 to County State-Aid Highway (CSAH) 4, Cook County; thence along CSAH 4 to Caribou Creek; thence southwesterly along Caribou Creek to the Poplar River; thence southwesterly along the Poplar River to an unnamed creek in the North Half of the Northeast Quarter of Section 20, Township 60 North, Range 3 West; thence westerly along said creek and overland to the range line between Range 3 West and Range 4 West of Township 60 North; thence northerly along said range line to Six Mile Creek; thence southwesterly along said creek to CSAH 2, Cook County; thence along CSAH 2 to the point of beginning.
Subp. 42. Moose Zone 78.
Moose Zone 78 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 61 and the Temperance River; thence in a northerly direction along Temperance River to Six Mile Creek; thence in a northeasterly direction along Six Mile Creek to the range line between Range 3 West and Range 4 West of Township 60 North; thence in a southerly direction along said range line to the unnamed creek in Section 19 of Township 60 North, Range 4 West; thence in an easterly direction along said unnamed creek to the Poplar River; thence in a northeasterly direction along the Poplar River to Caribou Creek; thence upstream on Caribou Creek through Caribou Lake and Bigsby Lake; thence upstream along Murmur Creek to Forest Road (FR) 332; thence along FR 332 to County State-Aid Highway (CSAH) 45, Cook County; thence along CSAH 45, Cook County, to the Cascade River; thence along the Cascade River to U.S. Highway 61; thence along U.S. Highway 61 to the point of beginning.
Subp. 43. Moose Zone 79.
Moose Zone 79 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway 1 and U.S. Highway 61; thence along State Trunk Highway 1 to County State-Aid Highway (CSAH) 7, Lake County; thence along CSAH 7 to Forest Road (FR) 166; thence along FR 166 to CSAH 2, Cook County; thence in a northerly direction along CSAH 2, Cook County, to Sixmile Creek; thence in a northeasterly direction along Sixmile Creek to the range line between Range 3 West and Range 4 West of Township 60 North; thence in a southerly direction along said range line to the unnamed creek in Section 19 of Township 60 North, Range 4 West; thence in an easterly direction along said unnamed creek to Poplar River; thence in a northeasterly direction along Poplar River to Caribou Creek; thence upstream in a northeasterly direction along Caribou Creek through Caribou and Bigsby Lakes to Murmur Creek; thence in a northeasterly direction along Murmur Creek to FR 332; thence in an easterly direction along FR 332 to CSAH 45, Cook County; thence in an easterly direction along CSAH 45, Cook County, to the Cascade River; thence in a southerly direction along the Cascade River to U.S. Highway 61; thence along U.S. Highway 61 to the point of beginning.
Subp. 44. Moose Zone 80.
Moose Zone 80 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 1 and Forest Road (FR) 172; thence along STH 1 to County State-Aid Highway (CSAH) 7, Lake County; thence along CSAH 7 to FR 172; thence along FR 172 to the point of beginning.
History
- Statutory Authority: MS s 97B.505; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 20 SR 2287; 24 SR 644; 30 SR 613; 33 SR 215
Minn. R. 6232.4200 Definitions
Subpart 1. Scope.
The terms used in parts 6232.4200 to 6232.4600 have the meanings given in this part.
Subp. 2. Legal antlered bull elk.
"Legal antlered bull elk" means an elk having at least one antler not less than ten inches in length.
Subp. 3. Legal antlerless elk.
"Legal antlerless elk" means all elk, including calves, other than legal antlered bull elk.
History
- Statutory Authority: MS s 97B.515
- History: 18 SR 83
Minn. R. 6232.4300 Seasons and Open Areas for Taking Elk
Subpart 1. Taking elk.
Elk may be taken by a licensed hunter using a legal firearm or a legal bow and arrow during seasons authorized by the commissioner.
Subp. 2. Open areas.
A. A license for the Grygla elk zones is valid for taking elk within the Primary Grygla Elk Zone prescribed in part 6232.4600, subpart 1, and the Secondary Grygla Elk Zone as described in part 6232.4600, subpart 2.
B. A license for the Kittson County Central Elk Zone is valid for taking elk within the elk zone prescribed in part 6232.4600, subpart 3.
History
- Statutory Authority: MS s 97B.515
- History: 18 SR 83; 35 SR 2014
Minn. R. 6232.4400 General Regulations for Taking Elk
Subpart 1. License requirement.
The license is valid for a party of one or two persons and only for the season selected through the procedure described in part 6232.4500, subpart 3.
Subp. 2. Party hunting.
Licensees may not hunt elk if the licensees have already killed an elk. Licensed parties may assist other licensed parties in taking elk, but may not shoot, validate, or register elk for another party.
Subp. 3. Mixed-weapons parties.
Licensed elk hunt parties may consist of individuals hunting with a bow and arrow and individuals hunting with firearms.
Subp. 4. Blaze orange requirement.
The visible portion of the hunter's cap and outer garments, above the waist excluding sleeves, must be bright red or blaze orange or be covered with those colors. Blaze orange includes a camouflage pattern of at least 50 percent blaze orange within each square foot.
Subp. 5.
[Repealed, 49 SR 1416]
Subp. 5a. Validation.
Before an elk is moved from the site of kill, the person possessing the elk must validate the corresponding license. Validation consists of indicating electronically or on a paper license:
A. the month the elk was taken;
B. the date the elk was taken; and
C. the time of day the elk was taken.
Subp. 6. Dividing elk.
Elk may be skinned, quartered, or further divided prior to transportation and registration, but all edible meat, and all other parts of the elk not left in the field, must be presented for registration at the same time.
Subp. 7. Orientation required.
A successful applicant may only obtain an elk license by attending an orientation session at the Thief Lake Wildlife Management Area headquarters.
History
- Statutory Authority: MS s 84.027; 97A.433; 97A.485; 97A.535; 97B.515
- History: 18 SR 83; 33 SR 215; 39 SR 1006; 49 SR 1416
Minn. R. 6232.4500 Elk License Application Procedure
Subpart 1. General provisions.
The provisions in this part apply to the elk license application process.
A. If the number of applications for any zone exceeds the quota, a random selection will be conducted to determine the successful applicants.
B. Up to 20 percent of the licenses in each zone may be issued in a separate landowner and tenant drawing. The following persons are eligible for this separate drawing:
C. Applications for the general and landowner and tenant drawing must be made on the appropriate forms and in accordance with instructions. The commissioner may reject applications not completed according to instructions.
D. The application deadline is the Friday nearest July 15.
E. An application fee as prescribed in Minnesota Statutes, section 97A.433, subdivision 3, must accompany each application of one or two hunters. Checks returned to the department for nonpayment will invalidate the application. Refunds of application fees will not be made for any reason.
F. Successful applicants will receive instructions for obtaining their licenses.
Subp. 2. Modifying quota numbers for group applications.
The quota of licenses or permits for a drawing may be increased to accommodate group members if the last applicant to be selected is a member of a group.
Subp. 3. Drawing procedure.
A. If one or more qualified landowners in either zone apply, a drawing to select one landowner in the Primary and Secondary Grygla Elk Zones, combined, and one landowner in the Kittson County Central Elk Zone shall occur first. The remaining parties shall then be selected in a general drawing to finalize successful parties. If no qualified landowners apply, all licenses shall be drawn from the general pool of applicants.
B. There shall also be alternate parties drawn from the pool of unsuccessful parties. These parties would be offered the opportunity to purchase licenses that have been offered to a successful party, but not purchased. The pool consists of the remaining landowners, tenants, and parties from the general drawing. An alternate party shall only be notified in the event that a successful party decides not to purchase a license.
History
- Statutory Authority: MS s 97A.433; 97B.515
- History: 18 SR 83; 22 SR 292; 33 SR 215; 35 SR 2014
Minn. R. 6232.4600 Elk Zones
Subpart 1. Primary Grygla Elk Zone.
The Primary Grygla Elk Zone consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 89 and Marshall County Road (CR) 145; thence along CR 145 to County State-Aid Highway (CSAH) 6, Marshall County; thence along CSAH 6 to the northwest corner of Section 16, Township 157 North, Range 39 West; thence north along the west line of Sections 9 and 4 (360th Ave NE), Township 157 North, Range 39 West, to the Moose River; thence along the southerly shore of said river to Moose River Road NW, Beltrami County; thence along Moose River Road NW to its intersection with the Moose River impoundment dike; thence generally south along the Moose River impoundment dike to the intersection with STH 89; thence west along STH 89 to the intersection with CSAH 54, Marshall County; thence north along CSAH 54 to the southeast corner of Section 2, Township 156 North, Range 39 West; thence west along the south boundary of Section 2, Township 156 North, Range 39 West; thence along an unnumbered township road (330th St NE), Marshall County, that coincides with the south boundaries of Sections 3, 4, 5, and 6, Township 156 North, Range 39 West; thence along an unnumbered township road (330th St NE), Marshall County, that coincides with the south boundary of Section 1, Township 156 North, Range 40 West, to STH 89; thence along STH 89 to the point of beginning.
Subp. 2. Secondary Grygla Elk Zone.
The Secondary Grygla Elk Zone consists of all of Marshall County east of State Trunk Highway (STH) 89 and that portion of Beltrami County lying within Northwood and Benville Townships (Township 157 North, Range 38 West, and Township 156 North, Range 38 West) and may be opened in addition to the primary zone by written notification from the commissioner. Notification, if made, will be at the elk hunter orientation sessions at the Thief Lake Wildlife Management Area.
Subp. 3. Kittson County Central Elk Zone.
The Kittson County Central Elk Zone consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 1 and State Trunk Highway (STH) 175; thence north along CSAH 1 to 380th Street; thence east to 250th Avenue; thence north along 250th Avenue to the section line between Sections 29 and 30, Township 164 North, Range 48 West; thence north on the section line between Sections 29 and 30, Township 164 North, Range 48 West, to the United States/Canadian border; thence east long the United States/Canadian border to the northeast corner of Section 30, Township 164 North, Range 46 West; thence south along the east section line of Section 30, Township 164 North, Range 46 West, to 370th Avenue; thence south along 370th Avenue to County Road (CR) 51; thence south along CR 51 to CSAH 4; thence west along CSAH 4 to State Ditch 85 (330th Street); thence east along State Ditch 85 to State Ditch 72 (310th Street); thence east along State Ditch 72 to 480th Avenue (county line); thence south along 480th Avenue to 220th Street; thence west along 220th Street to CSAH 10; thence west along CSAH 10 to U.S. Highway 59; thence north along U.S. Highway 59 to STH 175; thence west along STH 175 to the point of beginning.
Subp. 4. Kittson County Northeast Elk Zone.
The Kittson County Northeast Elk Zone consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 4 and County Road (CR) 51; thence north along CR 51 to 370th Avenue; thence north along 370th Avenue to the west section line of Section 29, Township 164 North, Range 46 West; thence north along the west section of Section 29, Township 164 North, Range 46 West, to the United States/Canadian border; thence east along the United States/Canadian border to the northeast corner of Section 25, Township 164 North, Range 45 West; thence south along the eastern section line of Section 25, Township 164 North, Range 45 West to 480th Avenue; thence south along 480th Avenue to State Ditch 72 (310th Street); thence west along State Ditch 72 to State Ditch 85 (330th Street); thence west along State Ditch 85 to CSAH 4; thence north along CSAH 4 to the point of beginning.
History
- Statutory Authority: MS s 97B.515
- History: 18 SR 83; 33 SR 215; 35 SR 2014; 39 SR 1006
Minn. R. 6232.4700 Registration Blocks
Subpart 1. Designation of registration blocks.
Registration blocks for deer and bear are designated and described by the registration block numbers and boundaries in this part.
Subp. 1a. Registration Block 101.
Registration Block 101 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 89 and County Road (CR) 131, Marshall County; thence along CR 131 to 300th Avenue NE; thence along 300th Avenue NE to 305th Avenue NE; thence along 305th Avenue NE to 310th Avenue NE; thence along 310th Avenue NE to Street 100, Roseau County; thence along Street 100 to CR 125; thence along CR 125 to County State-Aid Highway (CSAH) 8; thence along CSAH 8 to STH 89; thence along STH 89 to CSAH 4; thence along CSAH 4 to the west boundary of Hayes Lake State Park in Section 28, Township 160 North, Range 38 West, Roseau County; thence along the boundary of said park to the east side of Section 34, Township 160 North, Range 38 West, at River Forest Road; thence along River Forest Road to Blacks-Winner Forest Road; thence along Blacks-Winner Forest Road to Winner Forest Road; thence along Winner Forest Road to Dick's Parkway Forest Road; thence along Dick's Parkway Forest Road to CR 704, Beltrami County; thence along CR 704 to CSAH 44; thence along CSAH 44 to STH 89; thence along STH 89 to the point of beginning.
Subp. 2. Registration Block 103.
Registration Block 103 consists of that portion of the state lying within the following described boundary:
Beginning on the north boundary of the state at State Trunk Highway (STH) 72; thence along the north boundary of the state to a point due north of the intersection of STH 11 and County State-Aid Highway (CSAH) 1, Koochiching County; thence along CSAH 1 to CSAH 13, Koochiching County; thence along CSAH 13 to STH 6; thence along STH 6 to STH 1; thence along STH 1 to CSAH 6, Koochiching County; thence along CSAH 6 to CSAH 25, Koochiching County; thence along CSAH 25 to U.S. Highway 71; thence along U.S. Highway 71 to CSAH 36, Koochiching County; thence along CSAH 36 to CSAH 36, Beltrami County; thence along CSAH 36 to STH 72; thence along STH 72 to the point of beginning.
Subp. 3.
[Repealed, 30 SR 613]
Subp. 4.
[Repealed, 30 SR 613]
Subp. 5. Registration Block 108.
Registration Block 108 consists of that portion of the state lying within the following described boundary:
Beginning on the north boundary of the state at a point due north of the junction of State Trunk Highway (STH) 11 and County State-Aid Highway (CSAH) 1, Koochiching County; thence along the north boundary of the state to the west boundary of Voyageurs National Park; thence along the west boundary of the park to the public access to Lake Kabetogama at Gappa's Landing; thence along County Highway 523, St. Louis County, to CSAH 123, St. Louis County; thence along CSAH 123 to CSAH 122, St. Louis County; thence along CSAH 122 to U.S. Highway 53; thence along U.S. Highway 53 to the Lost River Road; thence along the Lost River Road to the east boundary of the Bois Forte Indian Reservation; thence south along the east boundary of the Bois Forte Indian Reservation to CSAH 23; thence along CSAH 23 to Palmquist Road; thence along Palmquist Road to STH 65; thence along STH 65 to STH 1; thence along STH 1 to STH 6; thence along STH 6 to CSAH 13, Koochiching County; thence along CSAH 13 to CSAH l, Koochiching County; thence along CSAH 1 to the point of beginning.
Subp. 6.
[Repealed, 30 SR 613]
Subp. 7.
[Repealed, 30 SR 613]
Subp. 8. Registration Block 110.
Registration Block 110 consists of that portion of the state lying within the following described boundary:
Beginning at the junction of the Tamarac River and State Trunk Highway (STH) 72; thence along STH 72 to County State-Aid Highway (CSAH) 36; thence along CSAH 36 to STH 71; thence along STH 71 to CSAH 25; thence along CSAH 25 to CSAH 6; thence along CSAH 6 to STH 1; thence along STH 1 to STH 46; thence along STH 46 to County Road (CR) 13; thence along CR 13 to CR 141; thence along CR 141 to Township Road (TR) 141 (USFS #2201); thence along TR 141 (USFS #2201) to TR 328; thence along TR 328 to CR 39; thence along CR 39 to CR 32; thence along CR 32 to CR 15; thence along CR 15 to the east boundary of the Red Lake Indian Reservation; thence along said boundary to the point of beginning.
Subp. 9. Registration Block 118.
Registration Block 118 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of the Boundary Waters Canoe Area Wilderness (BWCAW) at the northeast corner of Section 36, Township 68 North, Range 17 West, and the northern boundary of the state; thence along the northern boundary of the state to the northeast corner of Section 1, Township 64 North, Range 9 West; thence along said township border to the intersection of the BWCAW boundary at Snowbank Lake; thence along the BWCAW boundary to Delta Lake; thence west on said boundary to Pickerel Lake; thence south on the BWCAW boundary to the intersection of the Snake Creek; thence along the Snake Creek to Forest Road (FR) 424; thence along FR 424 to County State-Aid Highway (CSAH) 112; thence along CSAH 112 to CSAH 70; thence along CSAH 70 to CSAH 360; thence along CSAH 360 to the boundary of Bear Head Lake State Park; thence along the south, east, and north boundary of said park to CSAH 128; thence along CSAH 128 to U.S. Highway 169; thence along U.S. Highway 169 to the Breitung/Eagles Nest Township border sign (Section 19, Township 62 North, Range 14 West); thence north along said border; thence along said border to the junction of Armstrong Creek; thence along the south side of Armstrong Creek to the north shore of Lake Vermilion; thence along the north shore of Lake Vermilion to the Vermilion River; thence along the east bank of the Vermilion River to the point of beginning.
Subp. 10. Registration Block 117.
Registration Block 117 consists of that portion of the state lying within the following described boundary:
Beginning at the north boundary of the state at the northeast corner of Section 1, Township 64 North, Range 9 West; thence south along said township border to the intersection of the Boundary Waters Canoe Area Wilderness (BWCAW) boundary on Snowbank Lake; thence south along said boundary to Pickerel Lake; thence south and east on the BWCAW boundary to the Brule River; thence along the Brule River to County State-Aid Highway (CSAH) 12; thence along CSAH 12 to the BWCAW boundary; thence east along the BWCAW boundary to the southeast corner of Section 7, Township 64 North, Range 3 West; thence along this section line due north to the northeast corner of Section 6, Township 64 North, Range 6 West; thence east along this line to the north boundary of the state; thence along the north boundary of the state to the point of beginning.
Subp. 10a. Registration Block 119.
Registration Block 119 consists of that portion of the state lying within the following described boundary;
Beginning at the intersection of Voyageurs National Park and the north boundary of the state; thence along the west boundary of the park to the public access to Lake Kabetogama at Gappa's Landing; thence along County Highway 523, St. Louis County, to County State-Aid Highway (CSAH) 123, St. Louis County; thence along CSAH 123 to CSAH 122, St. Louis County; thence along CSAH 122 to U. S. Highway 53; thence along U.S. Highway 53 to the Lost River Road; thence along the Lost River Road to the east boundary of the Bois Forte Indian Reservation; thence along the east boundary of the Bois Forte Indian Reservation to CSAH 23; thence along CSAH 23 to U.S. Highway 53; thence along U.S. Highway 53 to Township Road (TR) 540 (East Olson Road); thence along TR 540 to CSAH 24; thence along CSAH 24 to the Lake Vermilion public access at Head of the Lakes Bay; thence along Lake Vermilion to the Vermilion River; thence along the Vermilion River to the north boundary of the state; thence along the north boundary of the state to the point of beginning.
Subp. 11.
[Repealed, 30 SR 613]
Subp. 12.
[Repealed, 30 SR 613]
Subp. 13.
[Repealed, 30 SR 613]
Subp. 14.
[Repealed, 30 SR 613]
Subp. 15.
[Repealed, 30 SR 613]
Subp. 16. Registration Block 122.
Registration Block 122 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 1 and County State-Aid Highway (CSAH) 2, Lake County; thence southerly along CSAH 2 to the Duluth, Missabe and Iron Range Railroad (DM&IR); thence southerly and westerly along the DM&IR to St. Louis County Road (CR) 547 at Brimson; thence westerly along CR 547 to CSAH 4, St. Louis County; thence northerly along CSAH 4 to the point immediately south of the Superior National Forest boundary at Whiteface Reservoir; thence north along the forest boundary to CSAH 16, St. Louis County; thence easterly along CSAH 16 to Forest Road (FR) 130 (Moose Line Road); thence along FR 130 (Moose Line Road) to CSAH 110; thence northerly and easterly to the DM&IR; thence along the DM&IR to the LTV/Erie Railroad; thence along the LTV/Erie Railroad to FR 424 (Tomahawk Road); thence along FR 424 to STH 1; thence along STH 1 southerly to the point of beginning.
Subp. 17.
[Repealed, 30 SR 613]
Subp. 18.
[Repealed, 30 SR 613]
Subp. 19.
[Repealed, 30 SR 613]
Subp. 20. Registration Block 126.
Registration Block 126 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of the Erie Mining Company Railroad and County State-Aid Highway (CSAH) 7, Lake County; thence along CSAH 7 to Forest Road (FR) 170; thence along FR 170 to CSAH 2, Cook County; thence along CSAH 2 to the Boundary Waters Canoe Area Wilderness (BWCAW) boundary; thence along the BWCAW boundary to the North Brule River; thence easterly along the North Brule River to CSAH 12 (Gunflint Trail), Cook County; thence northerly along CSAH 12 (Gunflint Trail) to Trap Creek; thence northeasterly along Trap Creek to the BWCAW boundary; thence southeasterly along the BWCAW boundary to the northern boundary of the state; thence along the northern boundary of the state to the shore of Lake Superior; thence along the shore of Lake Superior to the east shore of the Manitou River; thence along the east shore of the Manitou River to the Erie Mining Company Railroad; thence along the Erie Mining Company Railroad to the point of beginning.
Subp. 21. Registration Block 127.
Registration Block 127 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 1 and County State-Aid Highway (CSAH) 2, Lake County; thence along CSAH 2 to Lake County Road (CR) 15; thence along CR 15 to the Stony River Forest Road (FR); thence along the Stony River FR to FR 104; thence along FR 104 to the Erie Mining Company Railroad; thence along the Erie Mining Company Railroad to CSAH 7, Lake County; thence along CSAH 7 to FR 170; thence along FR 170 to CSAH 2, Cook County; thence along CSAH 2 to the Boundary Waters Canoe Area Wilderness (BWCAW) boundary; thence westerly along said boundary to FR 388; thence southerly along FR 388 to FR 377 (Tomahawk Trail); thence westerly along FR 377 to STH 1; thence southerly along STH 1 to the point of beginning.
Subp. 22.
[Repealed, 30 SR 613]
Subp. 23.
[Repealed, 30 SR 613]
Subp. 24.
[Repealed, 30 SR 613]
Subp. 25. Registration Block 152.
Registration Block 152 consists of public lands within that portion of the state posted as the Mille Lacs Wildlife Area.
Subp. 26. Registration Block 155.
Registration Block 155 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 169 and State Trunk Highway (STH) 210; thence along STH 210 to STH 65; thence along STH 65 to STH 18; thence along STH 18 to STH 47; thence due west to the east shore of Mille Lacs Lake; thence along the east shore of Mille Lacs Lake to a point on the shore of Mille Lacs Lake due east of the junction of U.S. Highway 169 and STH 18 at Garrison; thence due west to the junction of U.S. Highway 169 and STH 18; thence along STH 18 to STH 6; thence along STH 6 to the intersection of the Mississippi River; thence along the south shore of the Mississippi River to the flood diversion channel; thence along the flood diversion channel to the Mississippi River; thence along the Mississippi River to Rice River; thence along Rice River to U.S. Highway 169; thence along U.S. Highway 169 to the point of beginning.
Subp. 27.
[Repealed, 30 SR 613]
Subp. 28. Registration Block 156.
Registration Block 156 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 210 and STH 65; thence along STH 210 to Interstate Highway 35 (I-35); thence along I-35 to STH 23; thence along STH 23 to STH 18; thence along STH 18 to STH 65; thence along STH 65 to the point of beginning.
Subp. 29. Registration Block 157.
Registration Block 157 consists of that portion of the state lying within the following described boundary, except that part comprising Block 152:
Beginning on the east shore of Mille Lacs Lake at a point due west of the intersection of State Trunk Highway (STH) 47 and STH 18; thence due east to said intersection; thence along STH 18 to Interstate Highway 35 (I-35); thence along I-35 to STH 70; thence along STH 70 to STH 65; thence along STH 65 to STH 23; thence along STH 23 to U.S. Highway 169; thence along U.S. Highway 169 to a junction with County State-Aid Highway (CSAH) 35, Mille Lacs County; thence from said junction due north to the shore of Mille Lacs Lake; thence along the east shore of Mille Lacs Lake to the point of beginning.
Subp. 30.
[Repealed, 30 SR 613]
Subp. 31. Registration Block 159.
Registration Block 159 consists of that portion of the state lying within the following described boundary:
Beginning at the interchange of Interstate Highway 35 (I-35) and State Trunk Highway (STH) 23; thence along STH 23 to County State-Aid Highway (CSAH) 32, Pine County; thence along CSAH 32 to the east boundary of the state; thence along the east boundary of the state to STH 70; thence along STH 70 to I-35; thence along I-35 to the point of beginning.
Subp. 32. Registration Block 167.
Registration Block 167 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 1 and U.S. Highway 71; thence along U.S. Highway 71 to County State-Aid Highway (CSAH) 39, Beltrami County; thence along CSAH 39 to the north boundary of the Leech Lake Indian Reservation; thence along the north boundary of said reservation to CSAH 133, Itasca County; thence along CSAH 133 to STH 6; thence along STH 6 to CSAH 14, Itasca County; thence along CSAH 14 to CSAH 29, Itasca County; thence along CSAH 29 to CSAH 26, Itasca County; thence along CSAH 26 to CSAH 31, Itasca County; thence along CSAH 31 to CSAH 26, Itasca County; thence along CSAH 26 to CSAH 26, Koochiching County; thence along CSAH 26 to STH 1; thence along STH 1 to the point of beginning.
Subp. 33. Registration Block 169.
Registration Block 169 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 1 and STH 65; thence along STH 65 to County Road (CR) 539; thence along CR 539 to CR 336; thence along CR 336 to CR 333; thence along CR 333 to STH 7; thence along STH 7 to CR 339; thence along CR 339 to Lum Lake Road; thence along Lum Lake Road to Wilderness Trail; thence along this road west and south to County State-Aid Highway (CSAH) 49; thence along CSAH 49 to CSAH 60; thence along CSAH 60 to STH 38; thence north along STH 38 to CSAH 19; thence west on CSAH 19 to STH 6; thence along STH 6 to the north boundary of the Leech Lake Indian Reservation at Bowstring; thence along the north boundary of said reservation to CSAH 39; thence along CSAH 39 to CR 328; thence along CR 328 to U.S. Forest Service (USFS) Road 2001; thence along USFS Road 2201 to CR 141; thence along CR 141 to CR 13; thence long CR 13 to STH 46; thence along STH 46 to STH 1; thence along STH 1 to the point of beginning.
Subp. 34.
[Repealed, 30 SR 613]
Subp. 35. Registration Block 179.
Registration Block 179 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 200 and STH 6 at Remer; thence along STH 6 to County Road (CR) 65; thence along CR 65 to 88th Avenue NE; thence along 88th Avenue NE to 124th Street NE; thence along 124th Street NE to the Mississippi River; thence along the Mississippi River to the White Oak public access road; thence along this road to STH 6; thence along STH 6 to County State-Aid Highway (CSAH) 19; thence along CSAH 19 to STH 38; thence south on STH 38 to CSAH 60; thence along CSAH 60 to CSAH 49; thence along CSAH 49 to Wilderness Trail; thence along Wilderness Trail to Lum Lake Road; thence along Lum Lake Road to STH 7; thence along STH 7 to CR 333; thence along CR 333 to CR 336; thence along CR 336 to CR 539; thence along CR 539 to STH 65; thence along STH 65 to STH 200; thence along STH 200 to the point of beginning.
Subp. 36.
[Repealed, 30 SR 613]
Subp. 36a. Registration Block 171.
Registration Block 171 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 6 and STH 200; thence along STH 200 to the Mississippi River; thence along the Mississippi River to U.S. Highway 169 to the intersection of the Mississippi River; thence along the north shore of the Rice River; thence along the Rice River to the Mississippi River; thence along the Mississippi River to the flood diversion channel; thence along the flood diversion channel to STH 6; thence along STH 6 to the point of beginning.
Subp. 37. Registration Block 172.
Registration Block 172 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 371 and the south boundary of the Leech Lake Indian Reservation; thence along said boundary to White Oak Lake; thence along the Mississippi River to County State-Aid Highway (CSAH) 3; thence along CSAH 3 TO CSAH 74; thence along CSAH 74 to CSAH 65; thence along CSAH 65 to STH 6; thence along STH 6 to CSAH 1, Crow Wing County; thence along CSAH 1 to CSAH 2, Cass County; thence along CSAH 2 to STH 371; thence along STH 371 to the point of beginning.
Subp. 38.
[Repealed, 30 SR 613]
Subp. 39. Registration Block 173.
Registration Block 173 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 65 and U.S. Highway 2; thence along U.S. Highway 2 to STH 73; thence along STH 73 to STH 210; thence along STH 210 to U.S. Highway 169; thence along U.S. Highway 169 to the Mississippi River; thence along the Mississippi River to STH 200; thence along STH 200 to STH 65; thence along STH 65 to the point of beginning.
Subp. 40. Registration Block 176.
Registration Block 176 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 65 and County State-Aid Highway (CSAH) 22; thence along CSAH 22 to CSAH 5; thence along CSAH 5 to the Sturgeon River State Forest boundary; thence east along this boundary to the Superior National Forest boundary; thence east along said boundary to CSAH 73; thence along CSAH 73 to CSAH 82 (Heino Road); thence east along CSAH 82 to U.S. Highway 53; thence along U.S. Highway 53 to STH 1; thence east on STH 1 to STH 169; thence east on STH 169 to CSAH 128, St. Louis County; thence along CSAH 128 to the north boundary of Bear Head Lake State Park; thence along the north, east, and south sides of said park to St. Louis County Road (CR) 360; thence along CR 360 to CSAH 21, St. Louis County; thence along CSAH 21 to CSAH 70, St. Louis County; thence along CSAH 70 to CSAH 112, St. Louis County; thence along CSAH 112 to St. Louis CR 623; thence along CR 623 to the LTV/Erie Railroad; thence along the LTV/Erie Railroad to the Duluth, Missabe and Iron Range Railroad (DM&IR); thence along the DM&IR to CSAH 110, St. Louis County; thence along CSAH 110 to CSAH 100, St. Louis County; thence along CSAH 100 to CSAH 135, St. Louis County; thence westerly along CSAH 135 to STH 53; thence along STH 53 to STH 169; thence westerly along STH 169 to STH 65; thence northerly along STH 65 to the point of beginning.
Subp. 40a. Registration Block 177.
Registration Block 177 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 65 and County State-Aid Highway (CSAH) 23; thence east along CSAH 23 to U.S. Highway 53; thence south along U.S. Highway 53 to CSAH 540; thence along CSAH 540 to CSAH 24; thence north along CSAH 24 to the Lake Vermilion public access at Head of the Lakes Bay; thence along the north shoreline of Lake Vermilion east to Armstrong Creek; thence along Armstrong Creek to Section 17, Township 62 North, Range 14 West (Breitung/Eagles Nest Township boundary); thence south along this boundary to the intersection of STH 169; thence along STH 169 and STH 1; thence along STH 1 to U.S. Highway 53; thence along U.S. Highway 53 to CSAH 467; thence along CSAH 467 to CSAH 82; thence along CSAH 82 to STH 73; thence along STH 73 to the Superior National Forest (SNF) boundary; thence along the SNF boundary to CSAH 5; thence along CSAH 5 to CSAH 22; thence along CSAH 22 to STH 65; thence along STH 65 to the point of beginning.
Subp. 41.
[Repealed, 30 SR 613]
Subp. 42.
[Repealed, 30 SR 613]
Subp. 43. Registration Block 178.
Registration Block 178 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 169 and STH 53 at Virginia; thence along STH 53 to County State-Aid Highway (CSAH) 135, St. Louis County; thence easterly along CSAH 135 to CSAH 100, St. Louis County; thence along CSAH 100 to CSAH 110, St. Louis County; thence along CSAH 110 to Forest Road (FR) 130 (Moose Line Road); thence along FR 130 (Moose Line Road) to CSAH 16, St. Louis County; thence westerly along CSAH 16 to Township Road 340 (Deer Forest Road)/Superior National Forest boundary; thence southerly to CSAH 4; thence along CSAH 4 to CSAH 49; thence along CSAH 49 to U.S. Highway 53; thence along U.S. Highway 53 to CSAH 133; thence along CSAH 133 to CSAH 25; thence along CSAH 25 to U.S. Highway 2; thence along U.S. Highway 2 to STH 65; thence northerly along STH 65 to STH 169; thence along STH 169 to the point of beginning.
Subp. 44.
[Repealed, 30 SR 613]
Subp. 45. Registration Block 180.
Registration Block 180 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 4 and County Road (CR) 547, St. Louis County; thence easterly along CR 547 to the Canadian National Railroad (CNR); thence northeasterly along the CNR to CSAH 2, Lake County; thence northerly along CSAH 2 to CR 15; thence southeasterly along CR 15 to the Stony River Forest Road (FR); thence northeasterly along the Stony River FR to the LTV Steel Mining Company Railroad (LTVSMCR); thence easterly along the LTVSMCR to the east bank of the Manitou River; thence southerly along the east bank of the Manitou River to the shore of Lake Superior; thence due south to the east boundary of the state; thence southwesterly along the east boundary of the state to a point due south of the junction of the east bank of the Little Sucker River and the shore of Lake Superior, St. Louis County; thence due north to the east bank of the Little Sucker River; thence northwesterly along the east bank of the Little Sucker River to CSAH 61; thence southwesterly along CSAH 61 to CSAH 42; thence north along CSAH 42 to CSAH 43; thence westerly along CSAH 43 to CSAH 37; thence southerly along CSAH 37 to CSAH 69; thence westerly along CSAH 69 to CSAH 4; thence north along CSAH 4 to the point of beginning.
Subp. 46. Registration Block 181.
Registration Block 181 consists of that portion of the state lying within the following described boundary, except that portion known as the Fond du Lac Indian Reservation:
Beginning at the intersection of State Trunk Highway (STH) 73 and STH 210, Carlton County; thence northerly along STH 73 to U.S. Highway 2, St. Louis County; thence northwesterly along U.S. Highway 2 to County State-Aid Highway (CSAH) 25, Itasca County; thence east along CSAH 25 to CSAH 133, St. Louis County; thence east along CSAH 133 to U.S. Highway 53; thence northerly along U.S. Highway 53 to CSAH 49; thence easterly along CSAH 49 to CSAH 4; thence southerly along CSAH 4 to CSAH 9; thence westerly along CSAH 9 to CSAH 859; thence southerly along CSAH 859 to STH 194; thence westerly along STH 194 to U.S. Highway 2; thence westerly along U.S. Highway 2 to STH 33; thence southerly along STH 33 to Interstate Highway 35 (I-35), Carlton County; thence southerly along I-35 to STH 210; thence along STH 210 to the point of beginning.
Subp. 47.
[Repealed, 30 SR 613]
Subp. 47a. Registration Block 182.
Registration Block 182 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 33 and U.S. Highway 2, St. Louis County; thence easterly along U.S. Highway 2 to STH 194; thence easterly along STH 194 to County State-Aid Highway (CSAH) 859; thence northerly along CSAH 859 to CSAH 9; thence easterly along CSAH 9 to CSAH 4; thence northerly along CSAH 4 to CSAH 69; thence east on CSAH 69 to CSAH 37; thence north on CSAH 37 to CSAH 43; thence easterly along CSAH 43 to CSAH 42; thence south along CSAH 42 to CSAH 61; thence easterly along CSAH 61 to the east bank of the Little Sucker River; thence southwesterly along the east bank of the Little Sucker River to the shore of Lake Superior; thence from the shore of Lake Superior due south to the east boundary of the state; thence southwesterly along the east boundary of the state to STH 23; thence northeasterly along STH 23 to STH 210; thence westerly along STH 210 to Interstate 35 (I-35), Carlton County; thence northerly along I-35 to STH 33; thence northerly along STH 33 to the point of beginning.
Subp. 48. Registration Block 183.
Registration Block 183 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of Interstate Highway 35 (I-35) and State Trunk Highway (STH) 210, Carlton County; thence easterly along STH 210 to STH 23, St. Louis County; thence southwesterly along STH 23 to the east boundary of the state; thence southerly along the east boundary of the state to County State-Aid Highway (CSAH) 32, Pine County; thence westerly along CSAH 32 to STH 23; thence westerly along STH 23 to I-35; thence northeasterly along I-35 to the point of beginning.
Subp. 49.
[Repealed, 30 SR 613]
Subp. 50.
[Repealed, 30 SR 613]
Subp. 51.
[Repealed, 30 SR 613]
Subp. 52. Registration Block 197.
Registration Block 197 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of the north boundary of the Leech Lake Indian Reservation and County State-Aid Highway (CSAH) 39, Beltrami County; thence along CSAH 39 to CSAH 20, Beltrami County; thence along CSAH 20 to CSAH 27, Beltrami County; thence along CSAH 27 to CSAH 12, Beltrami County; thence along CSAH 12 to CSAH 27, Beltrami County; thence along CSAH 27 to CSAH 8, Beltrami County; thence along CSAH 8 to CSAH 25, Beltrami County; thence along CSAH 25 to CSAH 4, Beltrami County; thence along CSAH 4 to CSAH 46, Hubbard County; thence along CSAH 46 to U.S. Highway 2; thence along U.S. Highway 2 to CSAH 45, Hubbard County; thence along CSAH 45 to CSAH 9, Hubbard County; thence along CSAH 9 to CSAH 69, Cass County; thence along CSAH 69 to CSAH 5, Hubbard County; thence along CSAH 5 to CSAH 39, Hubbard County; thence along CSAH 39 to County Road (CR) 94, Hubbard County; thence along CR 94 to CSAH 31, Hubbard County; thence along CSAH 31 to State Trunk Highway (STH) 200; thence along STH 200 to U.S. Highway 371; thence along U.S. Highway 371 to the south boundary of the Leech Lake Indian Reservation; thence along the south and east boundaries of the reservation to the White Oak public access road; thence along this road to STH 6; thence along STH 6 to the east boundary of the Leech Lake Indian Reservation; thence along the east and north boundary of the Leech Lake Indian Reservation to the point of beginning.
Subp. 53.
[Repealed, 30 SR 613]
Subp. 54. Registration Block 199.
Registration Block 199 consists of that portion of the state known as the Fond du Lac Indian Reservation.
Subp. 55. Registration Block 201.
Registration Block 201 consists of that portion of the state lying within the following described boundary:
Beginning at the junction of the west boundary of Roseau County and the north boundary of the state; thence along the west boundary of Roseau County to its junction with County State-Aid Highway (CSAH) 7, Roseau County; thence along CSAH 7 to CSAH 10, Roseau County; thence along CSAH 10 to CSAH 3, Roseau County; thence along CSAH 3 to the southwest corner of Section 31, Township 164 North, Range 41 West; thence due north along the section lines to a junction with the north boundary of the state; thence along the north boundary of the state to the point of beginning.
Subp. 56. Registration Block 268.
Registration Block 268 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 32 and County Road (CR) 108; thence along CR 108 to CR 109; thence along CR 109 to County State-Aid Highway (CSAH) 25; thence along CSAH 25 to CSAH 22; thence along CSAH 22 to CSAH 3; thence along CSAH 3 to CSAH 4; thence along CSAH 4 to STH 89; thence along STH 89 to CSAH 8; thence along CSAH 8 to CR 125; thence along CR 125 to 100 Street; thence along 100 Street to 310th Avenue NE; thence along 310th Avenue NE to 305th Avenue NE; thence along 305th Avenue NE to 300th Avenue NE; thence along 300th Avenue NE to CSAH 6; thence along CSAH 6 to STH 32; thence along STH 32 to the point of beginning.
Subp. 57. Registration Block 203.
Registration Block 203 consists of that portion of the state within the boundaries of Agassiz National Wildlife Refuge plus the Elm Lake, Eckvoll, and Mud Lac Wildlife Areas.
Subp. 58. Registration Block 263.
Registration Block 263 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 59 and the north boundary of the state; thence along the north boundary of the state to the west boundary of Roseau County; thence along the west boundary of Roseau County to County State-Aid Highway (CSAH) 7, Roseau County; thence along CSAH 7 to State Trunk Highway (STH) 11; thence along STH 11 to U.S. Highway 59; thence along U.S. Highway 59 to the point of beginning.
Subp. 59. Registration Block 105.
Registration Block 105 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 310 with the 49th parallel of north latitude; thence east along the 49th parallel of north latitude to the Ontario border (on Lake of the Woods); thence southeasterly along the north boundary of the state to the point due north of the junction of STH 72 and STH 11; thence due south to said junction; thence along STH 11 to County State-Aid Highway (CSAH) 1, Lake of the Woods County; thence along CSAH 1 to CSAH 3, Lake of the Woods County; thence along CSAH 3 to CSAH 2, Lake of the Woods County; thence along CSAH 2 to STH 11; thence along STH 11 to 670 Avenue, Roseau County; thence along 670 Avenue to the Tangnes Forest Road; thence along the Tangnes Forest Road to CSAH 5, Roseau County; thence along CSAH 5 to the Thompson Forest Road, Roseau County; thence along the Thompson Forest Road to the boundary of Hayes Lake State Park; thence along the boundary of Hayes Lake State Park to CSAH 4, Roseau County; thence along CSAH 4 to CSAH 9, Roseau County; thence along CSAH 9 to CSAH 2, Roseau County; thence along CSAH 2 to STH 89; thence along STH 89 to STH 310; thence along STH 310 to the point of beginning.
Subp. 60. Registration Block 267.
Registration Block 267 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 7 and CSAH 10; thence along CSAH 10 to CSAH 3; thence along CSAH 3 to the southwest corner of Section 31, Township 164 North, Range 41 West; thence due north along the section lines to a junction with the north boundary of the state; thence along the north boundary of the state to State Trunk Highway (STH) 310; thence along STH 310 to STH 89; thence along STH 89 to CSAH 2; thence along CSAH 2 to CSAH 9; thence along CSAH 9 to CSAH 4; thence along CSAH 4 to STH 89; thence along STH 89 to CSAH 4; thence along CSAH 4 to CSAH 3; thence along CSAH 3 to CSAH 22; thence along CSAH 22 to CSAH 25; thence along CSAH 25 to County Road (CR) 109; thence along CR 109 to CR 108; thence along CR 108 to STH 32; thence along STH 32 to STH 11; thence along STH 11 to CSAH 7; thence along CSAH 7 to the point of beginning.
Subp. 61. Registration Block 207.
Registration Block 207 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 11 and U.S. Highway 59; thence along STH 11 to STH 32; thence along STH 32 to STH l; thence along STH 1 to U.S. Highway 59; thence along U.S. Highway 59 to the point of beginning.
Subp. 62. Registration Block 208.
Registration Block 208 consists of that portion of the state lying within the following described boundary, except that portion described as Registration Block 203:
Beginning at the intersection of State Trunk Highway (STH) 32 and County State-Aid Highway (CSAH) 6, Marshall County; thence along CSAH 6 to STH 89; thence along STH 89 to CSAH 54, Pennington County; thence along CSAH 54 to a point due west of the northwestern corner of the Red Lake Indian Reservation; thence east to said corner; thence along the west boundary of the Red Lake Indian Reservation to STH l; thence along STH 1 to STH 32; thence along STH 32 to the point of beginning.
Subp. 63. Registration Block 209.
Registration Block 209 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 1 and U.S. Highway 59; thence along STH 1 to the west boundary of the Red Lake Indian Reservation; thence southerly along the west and easterly along the south boundaries of said reservation to the west shore of the Sandy River, Clearwater County; thence southerly along the Sandy River to Township Road (TR) 279th Avenue or Bailey's Road south; thence along said road to TR Clover Road west; thence along said township road to County State-Aid Highway (CSAH) 11, Clearwater County south; thence along CSAH 11 to CSAH 4, Clearwater County; thence along CSAH 4 to STH 92; thence along STH 92 to U.S. Highway 59; thence along U.S. Highway 59 to the point of beginning.
Subp. 64. Registration Block 210.
Registration Block 210 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 92 and U.S. Highway 59; thence along STH 92 to County State-Aid Highway (CSAH) 4, Clearwater County; thence along CSAH 4 east to CSAH 14, Clearwater County; thence along CSAH 14 south to CSAH 3, Clearwater County; thence along CSAH 3 east to County Road (CR) 3, Beltrami County; thence along CR 3 south to CSAH 17, Clearwater County; thence along CSAH 17 to U.S. Highway 2; thence along U.S. Highway 2 west to STH 92; thence along STH 92 to CSAH 27, Clearwater County, and westerly to the north boundary of the White Earth Indian Reservation; thence west along said boundary to U.S. Highway 59; thence along U.S. Highway 59 to the point of beginning.
Subp. 65. Registration Block 111.
Registration Block 111 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 72 and STH 11; thence along STH 72 to the Tamarac River; thence along the south shore of the Tamarac River to Upper Red Lake; thence along the north shore of Upper Red Lake to the boundary of the Red Lake Indian Reservation; thence along the north boundary of the reservation to the west boundary of Beltrami County; thence due west to County State-Aid Highway (CSAH) 54, Marshall County; thence north along CSAH 54 to STH 89, Roseau County; thence along STH 89 to CSAH 44, Roseau County; thence along CSAH 44 to County Road 704; thence along County Road 704 to Dick's Parkway Forest Road; thence along Dick's Parkway Forest Road to Winner Forest Road; thence along Winner Forest Road to the River Forest Road; thence along the River Forest Road to the boundary of Hayes Lake State Park; thence along the boundary of Hayes Lake State Park to the Thompson Forest Road; thence along the Thompson Forest Road to CSAH 5, Roseau County; thence along CSAH 5 to the Tangnes Forest Road; thence along the Tangnes Forest Road to 670 Avenue; thence along 670 Avenue to STH 11; thence along STH 11 to CSAH 2, Lake of the Woods County; thence along CSAH 2 to CSAH 3, Lake of the Woods County; thence along CSAH 3 to CSAH 1, Lake of the Woods County; thence along CSAH 1 to STH 11; thence along STH 11 to the point of beginning.
Subp. 66.
[Repealed, 30 SR 613]
Subp. 67. Registration Block 113.
Registration Block 113 consists of that portion of the state known as the Red Lake Indian Reservation.
Subp. 68. Registration Block 114.
Registration Block 114 consists of that portion of the state north of the 49th parallel of North Latitude commonly known as the Northwest Angle.
Subp. 69. Registration Block 221.
Registration Block 221 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 27 and County State-Aid Highway (CSAH) 8, Morrison County; thence along CSAH 8 to CSAH 39, Morrison County; thence along CSAH 39 to CSAH 33, Morrison County; thence along CSAH 33 to CSAH 26, Morrison County; thence along CSAH 26 to CSAH 30, Morrison County; thence along CSAH 30 to CSAH 3, Benton County; thence along CSAH 3 to STH 25; thence along STH 25 to STH 95; thence along STH 95 to STH 23; thence along STH 23 to the Mississippi River; thence along the east shore of the Mississippi River to a point due west of the junction of CSAH 48, Morrison County, and STH 371; thence due east to said junction; thence along CSAH 48 to STH 25; thence along STH 25 to STH 27; thence along STH 27 to the point of beginning.
Subp. 70. Registration Block 222.
Registration Block 222 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 27 and U.S. Highway 169; thence along U.S. Highway 169 to STH 95; thence along STH 95 to STH 25; thence along STH 25 to County State-Aid Highway (CSAH) 3, Benton County; thence along CSAH 3 to CSAH 30, Morrison County; thence along CSAH 30 to CSAH 26, Morrison County; thence along CSAH 26 to CSAH 33, Morrison County; thence along CSAH 33 to CSAH 39, Morrison County; thence along CSAH 39 to CSAH 8, Morrison County; thence along CSAH 8 to STH 27; thence along STH 27 to the point of beginning.
Subp. 71. Registration Block 223.
Registration Block 223 consists of that portion of the state lying within the following described boundary, except that part comprising Block 244:
Beginning at the intersection of State Trunk Highway (STH) 23 and the east bank of the Mississippi River at St. Cloud; thence along STH 23 to STH 95; thence along STH 95 to U.S. Highway 169; thence along U.S. Highway 169 to STH 101; thence along STH 101 to the east bank of the Mississippi River; thence along the east bank of the Mississippi River to the point of beginning.
Subp. 72. Registration Block 224.
Registration Block 224 consists of that portion of the state known as the Sherburne National Wildlife Refuge.
Subp. 73. Registration Block 225.
Registration Block 225 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 23 and U.S. Highway 169; thence along STH 23 to the east boundary of the state; thence along the east boundary of the state to STH 95; thence along STH 95 to U.S. Highway 169; thence along U.S. Highway 169 to the point of beginning.
Subp. 74.
[Repealed, 30 SR 613]
Subp. 75. Registration Block 227.
Registration Block 227 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 169 and State Trunk Highway (STH) 95; thence along STH 95 to Interstate Highway 35 (I-35); thence along I-35 to the north border of the Carlos Avery Wildlife Management Area; thence along the north and west border of the Carlos Avery Wildlife Management Area to County State-Aid Highway (CSAH) 18, Anoka County; thence along CSAH 18 to CSAH 58, Anoka County; thence along CSAH 58 to CSAH 9, Anoka County; thence along CSAH 9 to CSAH 22, Anoka County; thence along CSAH 22 to CSAH 12, Sherburne County; thence along CSAH 12 to U.S. Highway 169; thence along U.S. Highway 169 to the point of beginning.
Subp. 75a. Registration Block 228.
Registration Block 228 consists of that portion of the state lying within the following described boundary:
Beginning at a point on the east boundary of the state due east of the intersection of State Trunk Highway (STH) 95 and STH 96; thence due west to this intersection; thence along STH 96 to County State-Aid Highway (CSAH) 15, Washington County; thence along CSAH 15 to CSAH 68, Washington County; thence along CSAH 68 to CSAH 9, Washington County; thence along CSAH 9 to CSAH 7, Washington County; thence along CSAH 7 to CSAH 8A, Washington County; thence along CSAH 8A to U.S. Highway 61; thence along U.S. Highway 61 to CSAH 8, Washington County; thence along CSAH 8 to CSAH 14, Anoka County; thence along CSAH 14 to CSAH 17, Anoka County; thence along CSAH 17 to CSAH 18, Anoka County; thence along CSAH 18 to CSAH 58, Anoka County; thence along CSAH 58 to CSAH 9, Anoka County; thence along CSAH 9 to CSAH 22, Anoka County; thence along CSAH 22 to CSAH 12, Sherburne County; thence along CSAH 12 to U.S. Highway 169; thence along U.S. Highway 169 to the east bank of the Mississippi River; thence along the east bank of the Mississippi River to the east boundary of the state; thence along the east boundary of the state to the point of beginning.
Subp. 76. Registration Block 235.
Registration Block 235 consists of that portion of the state known as the Carlos Avery Wildlife Management Area (including the Sunrise River Addition), Anoka and Chisago Counties.
Subp. 77. Registration Block 236.
Registration Block 236 consists of that portion of the state lying within the following described boundary, except that portion of the state known as the Carlos Avery State Wildlife Management Area:
Beginning at the intersection of Interstate Highway 35 (I-35) and State Trunk Highway (STH) 95; thence along STH 95 to the east boundary of the state; thence along the east boundary of the state to a point due east of the intersection of STH 95 and STH 96; thence due west to this intersection; thence along STH 96 to County State-Aid Highway (CSAH) 15, Washington County; thence along CSAH 15 to CSAH 68, Washington County; thence along CSAH 68 to CSAH 9, Washington County; thence along CSAH 9 to CSAH 7, Washington County; thence along CSAH 7 to CSAH 8A, Washington County; thence along CSAH 8A to U.S. Highway 61; thence along U.S. Highway 61 to CSAH 8, Washington County; thence along CSAH 8 to CSAH 14, Anoka County; thence along CSAH 14 to CSAH 17, Anoka County; thence along CSAH 17 to the western boundary of the Carlos Avery State Wildlife Management Area; thence along the north and west boundary of the Carlos Avery State Wildlife Management Area to I-35; thence along I-35 to the point of beginning.
Subp. 77a. Registration Block 242.
Registration Block 242 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 371 and STH 84; thence along STH 371 to County State-Aid Highway (CSAH) 29, Crow Wing County; thence along CSAH 29 to the city limits of Lakeshore, Cass County; thence along the north, west, and south city limits of Lakeshore to County Road 107, Cass County; thence along County Road 107 to CSAH 15, Cass County; thence along CSAH 15 to CSAH 77, Cass County; thence along CSAH 77 to CSAH 18, Cass County; thence along CSAH 18 to STH 210; thence west along STH 210 to CSAH 36, Cass County; thence along CSAH 36 to the Crow Wing River; thence along the north shore of the Crow Wing River to its confluence with the Mississippi River; thence along the west shore of the Mississippi River to STH 210; thence along STH 210 to CSAH 3, Crow Wing County; thence along CSAH 3 to CSAH 1, Crow Wing County; thence along CSAH 1 to CSAH 2, Cass County; thence along CSAH 2 to STH 84; thence along STH 84 to the point of beginning.
Subp. 77b. Registration Block 243.
Registration Block 243 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 10 and U.S. Highway 71; thence along U.S. Highway 71 to County State-Aid Highway (CSAH) 17, Wadena County; thence along CSAH 17 to CSAH 23, Wadena County; thence along CSAH 23 to CSAH 15, Wadena County; thence along CSAH 15 to the west bank of the Crow Wing River; thence along the west bank of the Crow Wing River to CSAH 34, Wadena County; thence along CSAH 34 to CSAH 83, Todd County; thence along CSAH 83 to U.S. Highway 10; thence along U.S. Highway 10 to the point of beginning.
Subp. 78. Registration Block 258.
Registration Block 258 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 59 and the south boundary of the White Earth Indian Reservation; thence along said boundary to the boundary of the Tamarac National Wildlife Refuge; thence along the west, south, and east boundaries of the refuge to the south boundary of the White Earth Indian Reservation; thence along the south and east boundaries of said reservation to State Trunk Highway (STH) 113; thence along STH 113 to U.S. Highway 71; thence along U.S. Highway 71 to STH 87; thence along STH 87 to U.S. Highway 10; thence along U.S. Highway 10 to U.S. Highway 59; thence along U.S. Highway 59 to the point of beginning.
Subp. 79. Registration Block 259.
Registration Block 259 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 200 and U.S. Highway 71; thence along STH 200 to STH 371; thence along STH 371 to STH 87; thence along STH 87 to County State-Aid Highway (CSAH) 13, Hubbard County; thence along CSAH 13 to CSAH 2; thence along CSAH 2 to CSAH 40; thence along CSAH 40 to U.S. Highway 71; thence along U.S. Highway 71 to the boundary of Itasca State Park; thence along the east boundary of said park to U.S. Highway 71; thence along U.S. Highway 71 to the point of beginning.
Subp. 80. Registration Block 246.
Registration Block 246 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 13, Hubbard County and State Trunk Highway (STH) 87; thence along STH 87 to STH 371; thence along STH 371 to CSAH 29, Crow Wing County; thence along CSAH 29 to the city limits of Lakeshore, Cass County; thence along the north, west, and south city limits of Lakeshore to County Road (CR) 107, Cass County; thence along CR 107 to CSAH 15, Cass County; thence along CSAH 15 to CSAH 77, Cass County; thence along CSAH 77 to CSAH 18, Cass County; thence along CSAH 18 to STH 210; thence along STH 210 to U.S. Highway 10; thence along U.S. Highway 10 to CR 83, Todd County; thence along CR 83 to CSAH 34, Todd County; thence along CSAH 34 to the west bank of the Crow Wing River; thence along the west bank of the Crow Wing River to CSAH 7, Wadena County; thence along CSAH 7 to CSAH 23; thence along CSAH 23 to CSAH 18; thence along CSAH 18 to CSAH 26; thence along CSAH 26 to CSAH 13, Hubbard County; thence along CSAH 13 to the point of beginning.
Subp. 81. Registration Block 247.
Registration Block 247 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 1 and CSAH 3, Crow Wing County; thence along CSAH 3 to STH 25; thence along STH 25 to STH 18; thence along STH 18 to STH 6; thence along STH 6 to CSAH 1, Crow Wing County; thence along CSAH 1 to the point of beginning.
Subp. 82. Registration Block 248.
Registration Block 248 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 10 and State Trunk Highway (STH) 210; thence along STH 210 to County State-Aid Highway (CSAH) 1, Cass County; thence along CSAH 1 to the Crow Wing River; thence along the north shore of the Crow Wing River to its confluence with the Mississippi River; thence along the west bank of the Mississippi River to U.S. Highway 10; thence along U.S. Highway 10 to the point of beginning.
Subp. 83. Registration Block 249.
Registration Block 249 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of the Mississippi River and State Trunk Highway (STH) 210 in Brainerd; thence along STH 210 to STH 25; thence along STH 25 to STH 18; thence along STH 18 to its junction with U.S. Highway 169; thence due east from said junction to the shore of Mille Lacs Lake; thence along the west, north, east, and south shore of Mille Lacs Lake to a point due north of the junction of U.S. Highway 169 and County State-Aid Highway (CSAH) 35, Mille Lacs County; thence due south to said junction; thence along U.S. Highway 169 to STH 27; thence along STH 27 to STH 25; thence along STH 25 to CSAH 48, Morrison County; thence along CSAH 48 to a junction with STH 371; thence due west to the Mississippi River; thence along the west bank of the river to the point of beginning.
Subp. 84. Registration Block 251.
Registration Block 251 consists of that portion of the state known as the Tamarac National Wildlife Refuge.
Subp. 84a. Registration Block 283.
Registration Block 283 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 1 and the east boundary of the Red Lake Indian Reservation; thence along STH 1 to STH 72; thence along STH 72 to County State-Aid Highway (CSAH) 32, Beltrami County; thence along CSAH 32 to CSAH 15, Beltrami County; thence along CSAH 15 to the south boundary of the Red Lake Indian Reservation; thence along the south and east sides of the Red Lake Indian Reservation to the point of beginning.
Subp. 85. Registration Block 184.
Registration Block 184 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of the south boundary of the Red Lake Indian Reservation and the Sandy River; thence southerly along the Sandy River to Township Road (TR) 279th Avenue or Bailey's Road south; thence along said road to TR Clover Road; thence along said township road to County State-Aid Highway (CSAH) 11, Clearwater County; thence south along CSAH 11 to CSAH 4, Clearwater County; thence southerly and then west and then along CSAH 4 to CSAH 14, Clearwater County; thence south along CSAH 14 to County Road (CR) 3, Clearwater County; thence west along CR 3 to CSAH 17, Clearwater County; thence along CSAH 17 to U.S. Highway 2; thence west along U.S. Highway 2 to State Trunk Highway (STH) 92; thence southerly along STH 92 to CSAH 27, Clearwater County, and west to the northeast boundary of the White Earth Indian Reservation; thence south along said boundary to the boundary line between Range 37 West and Range 38 West; thence south along said range line to STH 113; thence easterly along STH 113 to the Itasca State Park boundary; thence north, east, and south along said boundary to U.S. Highway 71; thence easterly (north) along U.S. Highway 71 to STH 200; thence easterly along STH 200 to CSAH 31; thence east along CSAH 31 to CSAH 94, Hubbard County; thence north along CSAH 94 to CSAH 39; thence westerly along CSAH 39 to CSAH 5; thence along CSAH 5 to CSAH 69; thence northerly along CSAH 69 to CSAH 9; thence west along CSAH 9 to CSAH 45 to U.S. Highway 2; thence east along U.S. Highway 2 to CSAH 46, Hubbard County; thence along CSAH 46, Hubbard County, to CSAH 4, Beltrami County; thence along CSAH 4 to CSAH 25; thence along CSAH 25 to CSAH 8; thence east along CSAH 8 to CSAH 27; thence along CSAH 27 to CSAH 20; thence easterly along CSAH 20 to CSAH 39; thence along CSAH 39 to U.S. Highway 71; thence north along U.S. Highway 71 to CSAH 72; thence along CSAH 72 to CR 32; thence west along CR 32 to CR 15; thence north along CR 15 to the southern boundary of Red Lake Indian Reservation; thence west along the Red Lake Indian Reservation boundary to the point of beginning.
Subp. 86. Registration Block 285.
Registration Block 285 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 92 and U.S. Highway 2; thence along STH 92 to County State-Aid Highway (CSAH) 5, Clearwater County; thence along CSAH 5 to the south boundary of the Red Lake Indian Reservation; thence along the south boundary of said reservation to the Sandy River; thence along the Sandy River to CSAH 32, Beltrami County; thence west to CSAH 4, Clearwater County; thence along CSAH 4 to CSAH 14, Clearwater County; thence along CSAH 14 to CSAH 23, Clearwater County; thence along CSAH 23 to U.S. Highway 2; thence along U.S. Highway 2 to the point of beginning.
Subp. 87.
[Repealed, 30 SR 613]
Subp. 88. Registration Block 287.
Registration Block 287 consists of that portion of the state known as Itasca State Park.
Subp. 89. Registration Block 297.
Registration Block 297 consists of that portion of the state lying within the following described boundary:
Beginning on County State-Aid Highway (CSAH) 3, Mahnomen County, at the north boundary of Mahnomen County; thence along CSAH 3 to State Trunk Highway (STH) 113; thence along STH 113 to CSAH 13, Mahnomen County; thence along CSAH 13 to CSAH 21, Becker County; thence along CSAH 21 to STH 224; thence along STH 224 to CSAH 21, Becker County; thence along CSAH 21 to the south boundary of the White Earth Indian Reservation; thence along the south, west, and north boundaries of said reservation to the point of beginning.
Subp. 90. Registration Block 298.
Registration Block 298 consists of that portion of the state lying within the following described boundary:
Beginning on County State-Aid Highway (CSAH) 3, Mahnomen County, at the north boundary of Mahnomen County; thence along CSAH 3 to State Trunk Highway (STH) 113; thence along STH 113 to CSAH 13, Mahnomen County; thence along CSAH 13 to CSAH 21, Becker County; thence along CSAH 21 to STH 224; thence along STH 224 to CSAH 23, Becker County; thence along CSAH 23 to the south boundary of the White Earth Indian Reservation; thence along said boundary to the west boundary of the Tamarac National Wildlife Refuge; thence along the west, north, and east boundaries of said refuge to the south boundary of the White Earth Indian Reservation; thence along the south and east boundaries of said reservation to STH 113; thence along STH 113 to the boundary line between Range 37 West and Range 38 West; thence along said range line to the north boundary of the White Earth Indian Reservation; thence along the north boundary of said reservation to the point of beginning.
Subp. 91. Registration Block 337.
Registration Block 337 consists of that portion of the state lying within the following described boundary:
Beginning at the confluence of the South Fork of the Crow River and the Mississippi River; thence along the east bank of the Mississippi River to U.S. Highway 61; thence along U.S. Highway 61 to County State - Aid Highway (CSAH) 46, Dakota County; thence along CSAH 46 to U.S. Highway 52; thence along U.S. Highway 52 to CSAH 66, Dakota County; thence along CSAH 66 to State Trunk Highway (STH) 3; thence along STH 3 to CSAH 50, Dakota County; thence along CSAH 50 to CSAH 23, Dakota County; thence along CSAH 23 to CSAH 70, Dakota County; thence along CSAH 70 to CSAH 8, Scott County; thence along CSAH 8 to CSAH 79, Scott County; thence along CSAH 79 to STH 282; thence along STH 282 to CSAH 9, Scott County; thence along CSAH 9 to Valley View Drive, Scott County; thence along Valley View Drive to 195 Street, Scott County; thence along 195 Street to the east boundary of the Minnesota River Valley State Park; thence along the east and north boundary of said Park to the east bank of the Minnesota River; thence along the east bank of the Minnesota River to CSAH 45, Carver County; thence along CSAH 45 to CSAH 50, Carver County; thence along CSAH 50 to CSAH 43, Carver County; thence along CSAH 43 to CSAH 11, Carver County; thence along CSAH 11 to STH 5; thence along STH 5 to CSAH 30, Carver County; thence along CSAH 30 to CSAH 92, Hennepin County; thence along CSAH 92 to CSAH 6, Hennepin County; thence along CSAH 6 to CSAH 20, Carver County; thence along CSAH 20 to the South Fork of the Crow River; thence along the east bank of the South Fork of the Crow River to the point of beginning.
Subp. 92. Registration Block 338.
Registration Block 338 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 5 and STH 25; thence along STH 25 to the west bank of the Minnesota River; thence along the west bank of the Minnesota River to STH 19; thence along STH 19 to Interstate Highway 35 (I-35); thence along I-35 to County State-Aid Highway (CSAH) 70, Dakota County; thence along CSAH 70 to CSAH 8, Scott County; thence along CSAH 8 to CSAH 79, Scott County; thence along CSAH 79 to STH 282; thence along STH 282 to CSAH 9, Scott County; thence along CSAH 9 to Valley View Drive, Scott County; thence along Valley View Drive to 195 Street, Scott County; thence along 195 Street to the east boundary of the Minnesota River Valley State Park; thence along the east and north boundary of said park to the east bank of the Minnesota River; thence along the east bank of the Minnesota River to CSAH 45, Carver County; thence along CSAH 45 to CSAH 50, Carver County; thence along CSAH 50 to CSAH 43, Carver County; thence along CSAH 43 to CSAH 11, Carver County; thence along CSAH 11 to STH 5; thence along STH 5 to CSAH 30, Carver County; thence along CSAH 30 to CSAH 92, Hennepin County; thence along CSAH 92 to CSAH 6, Hennepin County; thence along CSAH 6 to CSAH 20, Carver County; thence along CSAH 20 to the east bank of the South Fork of the Crow Wing River; thence along the east bank of the South Fork of the Crow Wing River to STH 25; thence along STH 25 to the point of beginning.
Subp. 93. Registration Block 339.
Registration Block 339 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of Interstate Highway 35 (I-35) and State Trunk Highway (STH) 19; thence along STH 19 to the Little Cannon River; thence along the west bank of the Little Cannon River to its confluence with the Cannon River; thence along the north bank of the Cannon River to U.S. Highway 61; thence along U.S. Highway 61 to County State-Aid Highway (CSAH) 18, Goodhue County; thence along CSAH 18 to Lock and Dam No. 3 and the east boundary of the state; thence along the east boundary of the state to the Mississippi River; thence along the east bank of the Mississippi River to U.S. Highway 61; thence along U.S. Highway 61 to CSAH 46, Dakota County; thence along CSAH 46 to U.S. Highway 52; thence along U.S. Highway 52 to CSAH 66, Dakota County; thence along CSAH 66 to STH 3; thence along STH 3 to CSAH 50, Dakota County; thence along CSAH 50 to CSAH 23, Dakota County; thence along CSAH 23 to CSAH 70, Dakota County; thence along CSAH 70 to I-35; thence along I-35 to the point of beginning.
Subp. 94. Registration Block 341.
Registration Block 341 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 19 and U.S. Highway 52; thence along U.S. Highway 52 to STH 57; thence along STH 57 to County State-Aid Highway (CSAH) 24, Dodge County; thence along CSAH 24 to CSAH 13, Olmsted County; thence along CSAH 13 to the municipal boundary of Pine Island; thence along the municipal boundary of Pine Island to U.S. Highway 52; thence along U.S. Highway 52 to CSAH 12, Olmsted County; thence along CSAH 12 to U.S. Highway 63; thence along U.S. Highway 63 to U.S. Highway 61; thence due east to the east boundary of the state; thence along the east boundary of the state to Lock and Dam No. 3; thence along CSAH 18, Goodhue County to U.S. Highway 61; thence along U.S. Highway 61 to the Cannon River; thence along the north bank of the Cannon River to the west bank of the Little Cannon River; thence along the west bank of the Little Cannon River to STH 19; thence along STH 19 to the point of beginning.
Subp. 95. Registration Block 342.
Registration Block 342 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 247 and U.S. Highway 63; thence along U.S. Highway 63 to U.S. Highway 61; thence due east to the east boundary of the state; thence along the east boundary of the state to the south boundary of Wabasha County; thence along the south boundary of Wabasha County to U.S. Highway 61; thence along U.S. Highway 61 to County State-Aid Highway (CSAH) 14, Wabasha County; thence along CSAH 14 to STH 42; thence along STH 42 to STH 247; thence along STH 247 to the point of beginning.
Subp. 96. Registration Block 343.
Registration Block 343 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 247 and County State-Aid Highway (CSAH) 4, Wabasha County; thence along CSAH 4 to CSAH 10, Olmsted County; thence along CSAH 10 to CSAH 9, Olmsted County; thence along CSAH 9 to CSAH 22, Winona County; thence along CSAH 22 to STH 74; thence along STH 74 to STH 30; thence along STH 30 to CSAH 13, Dodge County; thence along CSAH 13 to U.S. Highway 14; thence along U.S. Highway 14 to STH 57; thence along STH 57 to CSAH 24, Dodge County; thence along CSAH 24 to CSAH 13, Olmsted County; thence along CSAH 13 to U.S. Highway 52; thence along U.S. Highway 52 to CSAH 12, Olmsted County; thence along CSAH 12 to STH 247; thence along STH 247 to the point of beginning.
Subp. 97. Registration Block 344.
Registration Block 344 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 42 and County State-Aid Highway (CSAH) 4, Wabasha County; thence along CSAH 4 to CSAH 10, Olmsted County; thence along CSAH 10 to CSAH 9, Olmsted County; thence along CSAH 9 to CSAH 22, Winona County; thence along CSAH 22 to STH 74; thence along STH 74 to U.S. Highway 14; thence along U.S. Highway 14 to CSAH 33, Winona County; thence along CSAH 33 to STH 248; thence along STH 248 to CSAH 31, Winona County; thence along CSAH 31 to CSAH 28, Winona County; thence along CSAH 28 to CSAH 25, Winona County; thence along CSAH 25 to U.S. Highway 61; thence along U.S. Highway 61 to CSAH 14, Wabasha County; thence along CSAH 14 to STH 42; thence along STH 42 to the point of beginning.
Subp. 98. Registration Block 345.
Registration Block 345 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 74 and STH 30; thence along STH 30 to STH 43; thence along STH 43 to the east boundary of the state; thence along the east boundary of the state to the south boundary of Wabasha County; thence due west along the south boundary of Wabasha County to U.S. Highway 61; thence along U.S. Highway 61 to County State-Aid Highway (CSAH) 25, Winona County; thence along CSAH 25 to CSAH 28, Winona County; thence along CSAH 28 to CSAH 31, Winona County; thence along CSAH 31 to STH 248; thence along STH 248 to CSAH 33, Winona County; thence along CSAH 33 to U.S. Highway 14; thence along U.S. Highway 14 to STH 74; thence along STH 74 to the point of beginning.
Subp. 99. Registration Block 346.
Registration Block 346 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 43 and the Root River; thence along the Root River to the east boundary of the state; thence along the east boundary of the state to STH 43; thence along STH 43 to the point of beginning.
Subp. 100. Registration Block 347.
Registration Block 347 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 63 and State Trunk Highway (STH) 30; thence along U.S. Highway 63 to the south boundary of the state; thence along the south boundary of the state to U.S. Highway 52; thence along U.S. Highway 52 to STH 30; thence along STH 30 to the point of beginning.
Subp. 101. Registration Block 348.
Registration Block 348 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 30 and U.S. Highway 52; thence along U.S. Highway 52 to STH 139; thence along STH 139 to the south boundary of the state; thence along the south boundary of the state to County State-Aid Highway (CSAH) 28, Fillmore County; thence along CSAH 28 to STH 44; thence along STH 44 to STH 43; thence along STH 43 to STH 30; thence along STH 30 to the point of beginning.
Subp. 102. Registration Block 349.
Registration Block 349 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of the Root River and State Trunk Highway (STH) 43; thence along STH 43 to STH 44; thence along STH 44 to County State-Aid Highway (CSAH) 28, Fillmore County; thence along CSAH 28 to the south boundary of the state; thence along the south and east boundaries of the state to the mouth of the Root River; thence up the Root River to the point of beginning.
Subp. 103. Registration Block 260.
Registration Block 260 consists of that portion of the state lying within the following described boundary:
Beginning at the north and west boundary of the state; thence along the north boundary of the state to U.S. Highway 59; thence along U.S. Highway 59 to State Trunk Highway (STH) 11; thence along STH 11 to County State-Aid Highway (CSAH) 20; thence along CSAH 20 to CSAH 1; thence along CSAH 1 to CSAH 4; thence along CSAH 4 to County Road 111; thence along County Road 111 to CSAH 36; thence along CSAH 36 to STH 1; thence along STH 1 to the west boundary of the state; thence along the west boundary of the state to the point of beginning.
Subp. 104. Registration Block 261.
Registration Block 261 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 1 and the west boundary of the state; thence along STH 1 to U.S. Highway 75; thence along U.S. Highway 75 to U.S. Highway 2; thence along U.S. Highway 2 to STH 9; thence along STH 9 to County State-Aid Highway (CSAH) 1; thence along CSAH 1 to the west boundary of the state; thence along the west boundary of the state to the point of beginning.
Subp. 105. Registration Block 262.
Registration Block 262 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 1 in Polk County and the west boundary of the state; thence along CSAH 1 to State Trunk Highway (STH) 9; thence along STH 9 to U.S. Highway 10; thence along U.S. Highway 10 to the west boundary of the state; thence along the west boundary of the state to the point of beginning.
Subp. 106. Registration Block 264.
Registration Block 264 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 11 and County State-Aid Highway (CSAH) 20, Kittson County; thence along STH 11 to STH 32; thence along STH 32 to STH l; thence along STH 1 to CSAH 36; thence along CSAH 36 to County Road (CR) 111; thence along CR 111 to CSAH 4; thence along CSAH 4 to CSAH 1; thence along CSAH 1 to CSAH 20; thence along CSAH 20 to the point of beginning.
Subp. 107. Registration Block 256.
Registration Block 256 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 1 and U.S. Highway 75; thence along STH 1 to STH 32; thence along STH 32 to STH 102; thence along STH 102 to STH 9; thence along STH 9 to U.S. Highway 2; thence along U.S. Highway 2 to U.S. Highway 75; thence along U.S. Highway 75 to the point of beginning.
Subp. 108. Registration Block 257.
Registration Block 257 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 59 and State Trunk Highway (STH) 32; thence along U.S. Highway 59 to County State-Aid Highway (CSAH) 1, Polk County; thence along CSAH 1 to STH 32; thence along STH 32 to the point of beginning.
Subp. 109. Registration Block 265.
Registration Block 265 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 9 and STH 102; thence along STH 102 to STH 32; thence along STH 32 to County State-Aid Highway (CSAH) 1; thence along CSAH 1 to U.S. Highway 59; thence along U.S. Highway 59 to the north boundary of the White Earth Indian Reservation; thence west and south along the boundary of said reservation to CSAH 31; thence along CSAH 31 to CSAH 29; thence along CSAH 29 to STH 32; thence along STH 32 to STH 200; thence along STH 200 to STH 9; thence along STH 9 to the point of beginning.
Subp. 110. Registration Block 266.
Registration Block 266 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 9 and STH 200; thence along STH 200 to STH 32; thence along STH 32 to County State-Aid Highway (CSAH) 29; thence along CSAH 29 to CSAH 31; thence along CSAH 31 to the west boundary of the White Earth Indian Reservation; thence south and east along the boundary of said reservation to U.S. Highway 59; thence along U.S. Highway 59 to U.S. Highway 10; thence along U.S. Highway 10 to STH 9; thence along STH 9 to the point of beginning.
Subp. 111. Registration Block 241.
Registration Block 241 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 10 and State Trunk Highway (STH) 34; thence along STH 34 to County State-Aid Highway (CSAH) 56, Becker County; thence along CSAH 56 to CSAH 39; thence along CSAH 39 to CSAH 38; thence along CSAH 38 to CSAH 40; thence along CSAH 40 to CSAH 47; thence along CSAH 47 to STH 34; thence along STH 34 to CSAH 28, Hubbard County; thence along CSAH 28 to CSAH 48; thence along CSAH 48 to U.S. Highway 71; thence along U.S. Highway 71 to CSAH 40; thence along CSAH 40 to CSAH 2; thence along CSAH 2 to CSAH 13; thence along CSAH 13 to CSAH 26, Wadena County; thence along CSAH 26 to CSAH 18; thence along CSAH 18 to CSAH 23; thence along CSAH 23 to CSAH 7; thence along CSAH 7 to the west bank of the Crow Wing River; thence along the Crow Wing River to CSAH 34, Todd County; thence along CSAH 34 to County Road (CR) 83; thence along CR 83, Todd County to U.S. Highway 10; thence along U.S. Highway 10 to the point of beginning.
Subp. 112. Registration Block 239.
Registration Block 239 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 10 and U.S. Highway 59; thence along U.S. Highway 10 to State Trunk Highway (STH) 78; thence along STH 78 to STH 210; thence along STH 210 to Interstate Highway 94 (I-94); thence along I-94 to STH 34; thence along STH 34 to STH 32; thence along STH 32 to U.S. Highway 10; thence along U.S. Highway 10 to the point of beginning.
Subp. 113. Registration Block 240.
Registration Block 240 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 10 and U.S. Highway 71; thence along U.S. Highway 71 to County State-Aid Highway (CSAH) 22, Todd County; thence along CSAH 22 to CSAH 46, Otter Tail County; thence along CSAH 46 to State Trunk Highway (STH) 235; thence along STH 235 to CSAH 38, Otter Tail County; thence along CSAH 38 to STH 78; thence along STH 78 to U.S. Highway 10; thence along U.S. Highway 10 to the point of beginning.
Subp. 114. Registration Block 273.
Registration Block 273 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 59 and Interstate Highway 94 (I-94); thence along I-94 to State Trunk Highway (STH) 29; thence along STH 29 to STH 28; thence along STH 28 to U.S. Highway 59; thence along U.S. Highway 59 to the point of beginning.
Subp. 115. Registration Block 213.
Registration Block 213 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 82 and State Trunk Highway (STH) 210; thence along STH 210 to STH 78; thence along STH 78 to CSAH 38; thence along CSAH 38 to STH 235; thence along STH 235 to CSAH 46; thence along CSAH 46 to CSAH 22; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71 to CSAH 28; thence along CSAH 28 to STH 29; thence along STH 29 to Interstate Highway 94; thence along Interstate Highway 94 to CSAH 82 to the point of beginning.
Subp. 116. Registration Block 214.
Registration Block 214 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 71 and U.S. Highway 10; thence along U.S. Highway 10 to State Trunk Highway (STH) 27; thence along STH 27 to U.S. Highway 71; thence along U.S. Highway 71 to the point of beginning.
Subp. 117. Registration Block 215.
Registration Block 215 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 27 and U.S. Highway 71; thence along U.S. Highway 71 to Interstate (I) 94; thence along I 94 to County State-Aid Highway (CSAH) 75, Stearns County; thence along CSAH 75 to STH 23; thence along STH 23 to the east bank of the Mississippi River; thence along the east bank of the Mississippi River to STH 27; thence along STH 27 to the point of beginning.
Subp. 118. Registration Block 276.
Registration Block 276 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 59 and State Trunk Highway (STH) 28; thence along STH 28 to STH 104; thence along STH 104 to U.S. Highway 12; thence along U.S. Highway 12 to STH 9; thence along STH 9 to STH 28; thence along STH 28 to the point of beginning.
Subp. 119. Registration Block 277.
Registration Block 277 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 55 and STH 104; thence along STH 104 to U.S. Highway 12; thence along U.S. Highway 12 to STH 15; thence along STH 15 to STH 55; thence along STH 55 to the point of beginning.
Subp. 120. Registration Block 218.
Registration Block 218 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 28 and STH 55; thence along STH 28 to Interstate Highway 94 (I-94); thence along I-94 to County State-Aid Highway (CSAH) 75, Stearns County; thence along CSAH 75 to CSAH 15; thence along CSAH 15 to STH 55; thence along STH 55 to the point of beginning.
Subp. 121. Registration Block 219.
Registration Block 219 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 23 and STH 15; thence along STH 15 to U.S. Highway 12; thence along U.S. Highway 12 to County State-Aid Highway (CSAH) 9, Wright County; thence along CSAH 9 to CSAH 35, Wright County; thence along CSAH 35 to CSAH 8, Wright County; thence along CSAH 8 to Interstate Highway 94 (I-94); thence along I-94 to STH 24; thence along STH 24 to the Mississippi River; thence along the northeast bank of the Mississippi River to STH 23; thence along STH 23 to the point of beginning.
Subp. 122. Registration Block 269.
Registration Block 269 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 10 and the west boundary of the state; thence along U.S. Highway 10 to State Trunk Highway (STH) 32; thence along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94 (I-94); thence along I-94 to County State-Aid Highway (CSAH) 24, Otter Tail County; thence along CSAH 24 to CSAH 26, Wilkin County; thence along CSAH 26 to its junction with U.S. Highway 75; thence due west to the west boundary of the state; thence along the west boundary of the state to the point of beginning.
Subp. 123. Registration Block 270.
Registration Block 270 consists of that portion of the state lying within the following described boundary:
Beginning at a point on the west boundary of the state due west of the junction of County State-Aid Highway (CSAH) 26, Wilkin County, and U.S. Highway 75; thence due east to said junction; thence along CSAH 26 to CSAH 24, Otter Tail County; thence along CSAH 24 to Interstate Highway 94 (I-94); thence along I-94 to U.S. Highway 59; thence along U.S. Highway 59 to State Trunk Highway (STH) 55; thence along STH 55 to the west boundary of the state; thence along the west boundary of the state to the point of beginning.
Subp. 124. Registration Block 271.
Registration Block 271 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 55 and the west boundary of the state; thence along STH 55 to the west boundary of Grant County; thence along the west boundary of Grant County to the west boundary of Stevens County; thence along the west boundary of Stevens County to STH 28; thence along STH 28 to the west boundary of the state; thence along the west boundary of the state to the point of beginning.
Subp. 125. Registration Block 272.
Registration Block 272 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 55 and U.S. Highway 59; thence along U.S. Highway 59 to STH 28; thence along STH 28 to the west boundary of Stevens County; thence along the west boundary of Stevens County to the west boundary of Grant County; thence along the west boundary of Grant County to STH 55; thence along STH 55 to the point of beginning.
Subp. 126. Registration Block 275.
Registration Block 275 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 28 and STH 9; thence along STH 9 to STH 29; thence along STH 29 to STH 40; thence along STH 40 to STH 7; thence along STH 7 to County State-Aid Highway (CSAH) 25, Big Stone County; thence along CSAH 25 to CSAH 10, Big Stone County; thence along CSAH 10 to CSAH 21, Big Stone County; thence along CSAH 21 to STH 28; thence along STH 28 to the point of beginning.
Subp. 127. Registration Block 282.
Registration Block 282 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 12 and State Trunk Highway (STH) 29; thence along STH 29 to STH 7; thence along STH 7 to County State-Aid Highway (CSAH) 4, Chippewa County; thence along CSAH 4 to STH 23; thence along STH 23 to U.S. Highway 212; thence along U.S. Highway 212 to U.S. Highway 71; thence along U.S. Highway 71 to U.S. Highway 12; thence along U.S. Highway 12 to the point of beginning.
Subp. 128. Registration Block 283.
Registration Block 283 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 12 and U.S. Highway 71; thence along U.S. Highway 71 to County State-Aid Highway (CSAH) 4, Renville County; thence along CSAH 4 to State Trunk Highway (STH) 4; thence along STH 4 to STH 7; thence along STH 7 to STH 22; thence along STH 22 to U.S. Highway 12; thence along U.S. Highway 12 to the point of beginning.
Subp. 129. Registration Block 284.
Registration Block 284 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 7 and STH 4; thence along STH 4 to STH 19; thence along STH 19 to STH 15; thence along STH 15 to County State-Aid Highway (CSAH) 1, Nicollet County; thence along CSAH 1 to STH 22; thence along STH 22 to CSAH 2, Nicollet County; thence along CSAH 2 to CSAH 9, Sibley County; thence along CSAH 9 to STH 5; thence along STH 5 to U.S. Highway 212; thence along U.S. Highway 212 to STH 22; thence along STH 22 to STH 7; thence along STH 7 to the point of beginning.
Subp. 130. Registration Block 285.
Registration Block 285 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 12 and State Trunk Highway (STH) 22; thence along STH 22 to U.S. Highway 212; thence along U.S. Highway 212 to STH 25; thence along STH 25 to the South Fork Crow River at Watertown; thence along the east bank of the South Fork Crow River to U.S. Highway 12 at Delano; thence along U.S. Highway 12 to the point of beginning.
Subp. 130a. Registration Block 229.
Registration Block 229 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 8, Wright County and Interstate Highway 94 (I-94); thence along I-94 to State Trunk Highway (STH) 24; thence along STH 24 to the Mississippi River; thence along the northeast bank of the Mississippi River to the confluence of the Mississippi River and the south fork of the Crow River; thence along the east bank of the south fork of the Crow River to U.S. Highway 12; thence along U.S. Highway 12 to CSAH 9, Wright County; thence along CSAH 9 to CSAH 35, Wright County; thence along CSAH 35 to CSAH 8, Wright County; thence along CSAH 8 to the point of beginning.
Subp. 131. Registration Block 274.
Registration Block 274 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of the west boundary of the state and State Trunk Highway (STH) 28; thence along STH 28 to County State-Aid Highway (CSAH) 21, Big Stone County; thence along CSAH 21 to CSAH 10, Big Stone County; thence along CSAH 10 to CSAH 25, Big Stone County; thence along CSAH 25 to STH 7; thence along STH 7 to U.S. Highway 12; thence along U.S. Highway 12 to the west boundary of the state; thence along the west boundary of the state to the point of beginning.
Subp. 132. Registration Block 278.
Registration Block 278 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of the west boundary of the state and U.S. Highway 12; thence along U.S. Highway 12 to State Trunk Highway (STH) 7; thence along STH 7 to STH 40; thence along STH 40 to STH 29; thence along STH 29 to STH 7; thence along STH 7 to U.S. Highway 212; thence along U.S. Highway 212 to County State-Aid Highway (CSAH) 31, Lac qui Parle County; thence along CSAH 31 to CSAH 20, Lac qui Parle County; thence along CSAH 20 to STH 40; thence along STH 40 to STH 119; thence along STH 119 to CSAH 28, Lac qui Parle County; thence along CSAH 28 to U.S. Highway 75; thence along U.S. Highway 75 to CSAH 24, Lac qui Parle County; thence along CSAH 24 to the west boundary of the state; thence along the west boundary of the state to the point of beginning.
Subp. 133. Registration Block 281.
Registration Block 281 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 212 and State Trunk Highway (STH) 7; thence along STH 7 to County State-Aid Highway (CSAH) 4, Chippewa County; thence along CSAH 4 to STH 23; thence along STH 23 to U.S. Highway 212; thence along U.S. Highway 212 to U.S. Highway 71; thence along U.S. Highway 71 to STH 19; thence along STH 19 to STH 273; thence along STH 273 to CSAH 9, Redwood County; thence along CSAH 9 to CSAH 1, Yellow Medicine County; thence along CSAH 1 to STH 67; thence along STH 67 to CSAH 2, Yellow Medicine County; thence along CSAH 2 to STH 23; thence along STH 23 to CSAH 43, Yellow Medicine County; thence along CSAH 43 to STH 67; thence along STH 67 to CSAH 8, Yellow Medicine County; thence along CSAH 8 to CSAH 19, Yellow Medicine County; thence along CSAH 19 to U.S. Highway 212; thence along U.S. Highway 212 to the point of beginning.
Subp. 134. Registration Block 290.
Registration Block 290 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 71 and County State-Aid Highway (CSAH) 4, Renville County; thence along CSAH 4 to State Trunk Highway (STH) 4; thence along STH 4 to STH 19; thence along STH 19 to STH 15; thence along STH 15 to STH 257; thence along STH 257 to CSAH 20, Brown County; thence along CSAH 20 to CSAH 11, Brown County; thence along CSAH 11 to CSAH 24, Brown County; thence along CSAH 24 to STH 4; thence along STH 4 to STH 68; thence along STH 68 to STH 67; thence along STH 67 to U.S. Highway 71; thence along U.S. Highway 71 to the point of beginning.
Subp. 135. Registration Block 291.
Registration Block 291 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 5 and County State-Aid Highway (CSAH) 9, Sibley County; thence along STH 5 to STH 25; thence along STH 25 to the Minnesota River; thence along the north bank of the Minnesota River to STH 19; thence along STH 19 to CSAH 11, LeSueur County; thence along CSAH 11 to STH 99; thence along STH 99 to CSAH 15, LeSueur County; thence along CSAH 15 to CSAH 26, Blue Earth County; thence along CSAH 26 to STH 60; thence along STH 60 to CSAH 6, Blue Earth County; thence along CSAH 6 to CSAH 22, Blue Earth County; thence along CSAH 22 to CSAH 19, Brown County; thence along CSAH 19 to STH 15; thence along STH 15 to CSAH 1, Nicollet County; thence along CSAH 1 to STH 22; thence along STH 22 to CSAH 2, Nicollet County; thence along CSAH 2 to CSAH 3, Nicollet County; thence along CSAH 3 to CSAH 9, Sibley County; thence along CSAH 9 to the point of beginning.
Subp. 136. Registration Block 299.
Registration Block 299 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 15 and County State-Aid Highway (CSAH) 19, Brown County; thence along CSAH 19 to CSAH 22, Blue Earth County; thence along CSAH 22 to CSAH 6, Blue Earth County; thence along CSAH 6 to STH 60; thence along STH 60 to STH 22; thence along STH 22 to STH 30; thence along STH 30 to STH 15; thence along STH 15 to the point of beginning.
Subp. 137. Registration Block 279.
Registration Block 279 consists of that portion of the state lying within the following described boundary:
Beginning on County State-Aid Highway (CSAH) 24 at the west boundary of the state; thence along the west boundary of the state to the south boundary of Yellow Medicine County; thence east along the south boundary of Yellow Medicine County to U.S. Highway 75; thence along U.S. Highway 75 to CSAH 24; thence along CSAH 24 to the point of beginning.
Subp. 138. Registration Block 280.
Registration Block 280 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 28, Lac qui Parle County, and U.S. Highway 75; thence along U.S. Highway 75 to the south boundary of Yellow Medicine County; thence along the south boundary of Yellow Medicine County to State Trunk Highway (STH) 23; thence along STH 23 to CSAH 43, Yellow Medicine County; thence along CSAH 43 to STH 67; thence along STH 67 to CSAH 8, Yellow Medicine County; thence along CSAH 8 to CSAH 19, Yellow Medicine County; thence along CSAH 19 to U.S. Highway 212; thence along U.S. Highway 212 to CSAH 31, Lac qui Parle County; thence along CSAH 31 to CSAH 20, Lac qui Parle County; thence along CSAH 20 to STH 40; thence along STH 40 to STH 119; thence along STH 119 to CSAH 28, Lac qui Parle County; thence along CSAH 28 to the point of beginning.
Subp. 139. Registration Block 286.
Registration Block 286 consists of that portion of the state lying within the following described boundary:
Beginning on the west boundary of the state at the north boundary of Lincoln County; thence along the west boundary of the state to U.S. Highway 14; thence along U.S. Highway 14 to the east boundary of Lincoln County; thence along the east boundary of Lincoln County to the north boundary of Lincoln County; thence along the north boundary of Lincoln County to the point of beginning.
Subp. 140. Registration Block 288.
Registration Block 288 consists of that portion of the state lying within the following described boundary:
Beginning at the northwest corner of Lyon County; thence along the west boundary of Lyon County to U.S. Highway 14; thence along U.S. Highway 14 to the east boundary of Lyon County; thence along said boundary to County State-Aid Highway (CSAH) 22, Lyon County; thence along CSAH 22 to CSAH 9, Lyon County; thence along CSAH 9 to State Trunk Highway (STH) 23; thence along STH 23 to the north boundary of Lyon County; thence along the north boundary of Lyon County to the point of beginning.
Subp. 141. Registration Block 289.
Registration Block 289 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 22, Lyon County, and the west boundary of Redwood County; thence along said boundary to U.S. Highway 14; thence along U.S. Highway 14 to State Trunk Highway (STH) 4; thence along STH 4 to STH 68; thence along STH 68 to STH 67; thence along STH 67 to STH 273; thence along STH 273 to CSAH 9, Redwood County; thence along CSAH 9 to CSAH 1, Yellow Medicine County; thence along CSAH 1 to STH 67; thence along STH 67 to CSAH 2, Yellow Medicine County; thence along CSAH 2 to STH 23; thence along STH 23 to CSAH 9, Lyon County; thence along CSAH 9 to CSAH 22, Lyon County; thence along CSAH 22 to the point of beginning.
Subp. 142. Registration Block 294.
Registration Block 294 consists of that portion of the state lying within the following described boundary:
Beginning on U.S. Highway 14 at the west boundary of the state; thence along the west boundary of the state to the south boundary of Pipestone County; thence along the south boundary of Pipestone County to U.S. Highway 75; thence along U.S. Highway 75 to State Trunk Highway (STH) 268; thence along STH 268 to County State-Aid Highway (CSAH) 18, Pipestone County; thence along CSAH 18 to CSAH 1, Pipestone County; thence along CSAH 1 to CSAH 1, Murray County; thence along CSAH 1 to STH 91; thence along STH 91 to U.S. Highway 14; thence along U.S. Highway 14 to the point of beginning.
Subp. 143. Registration Block 234.
Registration Block 234 consists of that portion of the state lying within the following described boundary:
Beginning at the north boundary of Rock County at the west boundary of the state; thence along the west and south boundaries of the state to State Trunk Highway (STH) 91; thence along STH 91 to County State-Aid Highway (CSAH) 1, Murray County; thence along CSAH 1 to CSAH 1, Pipestone County; thence along CSAH 1 to CSAH 18, Pipestone County; thence along CSAH 18 to STH 268; thence along STH 268 to U.S. Highway 75; thence along U.S. Highway 75 to the north boundary of Rock County; thence along the north boundary of Rock County to the point of beginning.
Subp. 144. Registration Block 237.
Registration Block 237 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 30 and STH 91; thence along STH 91 to the south boundary of the state; thence along the south boundary of the state to County State-Aid Highway (CSAH) 3, Nobles County; thence along CSAH 3 to STH 264; thence along STH 264 to CSAH 1, Jackson County; thence along CSAH 1 to CSAH 1, Nobles County; thence along CSAH 1 to CSAH 18, Nobles County; thence along CSAH 18 to CSAH 3, Nobles County; thence along CSAH 3 to the south boundary of Murray County; thence along the south boundary of Murray County to CSAH 42, Murray County; thence along CSAH 42 to STH 62; thence along STH 62 to U.S. Highway 59; thence along U.S. Highway 59 to STH 30; thence along STH 30 to the point of beginning.
Subp. 145. Registration Block 295.
Registration Block 295 consists of that portion of the state lying within the following described boundary, except that part comprising Block 238:
Beginning at the intersection of U.S. Highway 14 and State Trunk Highway (STH) 91; thence along STH 91 to STH 30; thence along STH 30 to U.S. Highway 59; thence along U.S. Highway 59 to STH 62; thence along STH 62 to County State-Aid Highway (CSAH) 42, Murray County; thence along CSAH 42 to the south boundary of Murray County; thence along said boundary to CSAH 3, Nobles County; thence along CSAH 3 to CSAH 18, Nobles County; thence along CSAH 18 to CSAH 32, Jackson County; thence along CSAH 32 to CSAH 9, Jackson County; thence along CSAH 9 to CSAH 5, Cottonwood County; thence along CSAH 5 to STH 62; thence along STH 62 to U.S. Highway 71; thence along U.S. Highway 71 to U.S. Highway 14; thence along U.S. Highway 14 to the point of beginning.
Subp. 146. Registration Block 238.
Registration Block 238 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 6, Murray County, and CSAH 42, Murray County; thence along CSAH 42 to the south boundary of Murray County; thence along said boundary to CSAH 3, Nobles County; thence along CSAH 3 to CSAH 18, Nobles County; thence along CSAH 18 to CSAH 32, Jackson County; thence along CSAH 32 to CSAH 9, Jackson County; thence along CSAH 9 to CSAH 5, Cottonwood County; thence along CSAH 5 to CSAH 13, Cottonwood County; thence along CSAH 13 to CSAH 6, Murray County; thence along CSAH 6 to the point of beginning.
Subp. 147. Registration Block 250.
Registration Block 250 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 1, Nobles County, and CSAH 18, Nobles County; thence along CSAH 1 to CSAH 1, Jackson County; thence along CSAH 1 to State Trunk Highway (STH) 264; thence along STH 264 to CSAH 3, Nobles County; thence along CSAH 3 to the south boundary of the state; thence along the south boundary of the state to CSAH 23, Jackson County; thence along CSAH 23 to CSAH 8, Jackson County; thence along CSAH 8 to CSAH 29, Jackson County; thence along CSAH 29 to CSAH 36, Jackson County; thence along CSAH 36 to CSAH 1, Cottonwood County; thence along CSAH 1 to STH 60; thence along STH 60 to STH 62; thence along STH 62 to CSAH 5, Cottonwood County; thence along CSAH 5 to CSAH 9, Jackson County; thence along CSAH 9 to CSAH 32, Jackson County; thence along CSAH 32 to CSAH 18, Nobles County; thence along CSAH 18 to the point of beginning.
Subp. 148. Registration Block 296.
Registration Block 296 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 14 and U.S. Highway 71; thence along U.S. Highway 71 to State Trunk Highway (STH) 60; thence along STH 60 to STH 15; thence along STH 15 to STH 257; thence along STH 257 to County State-Aid Highway (CSAH) 20, Brown County; thence along CSAH 20 to CSAH 11, Brown County; thence along CSAH 11 to CSAH 24, Brown County; thence along CSAH 24 to STH 4; thence along STH 4 to U.S. Highway 14; thence along U.S. Highway 14 to the point of beginning.
Subp. 149. Registration Block 252.
Registration Block 252 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 60 and County State-Aid Highway (CSAH) 1, Cottonwood County; thence along CSAH 1 to CSAH 36, Jackson County; thence along CSAH 36 to CSAH 29, Jackson County; thence along CSAH 29 to CSAH 8, Jackson County; thence along CSAH 8 to CSAH 23, Jackson County; thence along CSAH 23 to the south boundary of the state; thence along the south boundary of the state to STH 15; thence along STH 15 to STH 60; thence along STH 60 to the point of beginning.
Subp. 150. Registration Block 253.
Registration Block 253 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 30 and STH 15; thence along STH 15 to the south boundary of the state; thence along the south boundary of the state to STH 22; thence along STH 22 to County State-Aid Highway (CSAH) 29, Faribault County; thence along CSAH 29 to CSAH 3, Waseca County; thence along CSAH 3 to STH 30; thence along STH 30 to the point of beginning.
Subp. 151. Registration Block 292.
Registration Block 292 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 19 and County State-Aid Highway (CSAH) 11, LeSueur County; thence along CSAH 11 to STH 99; thence along STH 99 to CSAH 15, LeSueur County; thence along CSAH 15 to CSAH 26, Blue Earth County; thence along CSAH 26 to STH 60; thence along STH 60 to CSAH 16, Rice County; thence along CSAH 16 to CSAH 15, Rice County; thence along CSAH 15 to Interstate Highway 35 (I-35); thence along I-35 to STH 19; thence along STH 19 to the point of beginning. STH 135 to the point of beginning.
Subp. 152. Registration Block 293.
Registration Block 293 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 19 and Interstate Highway 35 (I-35); thence along I-35 to County State-Aid Highway (CSAH) 12, Steele County; thence along CSAH 12 to CSAH 24, Dodge County; thence along CSAH 24 to CSAH 22, Dodge County; thence along CSAH 22 to STH 57; thence along STH 57 to U.S. Highway 52; thence along U.S. Highway 52 to STH 19; thence along STH 19 to the point of beginning.
Subp. 153. Registration Block 230.
Registration Block 230 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 60 and STH 22; thence along STH 22 to STH 30; thence along STH 30 to STH 13; thence along STH 13 to STH 60; thence along STH 60 to the point of beginning.
Subp. 154. Registration Block 232.
Registration Block 232 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 60 and STH 13; thence along STH 13 to STH 30; thence along STH 30 to U.S. Highway 218; thence along U.S. Highway 218 to Interstate Highway 35 (I-35); thence along I-35 to County State-Aid Highway (CSAH) 15, Rice County; thence along CSAH 15 to CSAH 16, Rice County; thence along CSAH 16 to STH 60; thence along STH 60 to the point of beginning.
Subp. 155. Registration Block 233.
Registration Block 233 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 12, Steele County, and Interstate Highway 35 (I-35); thence along I-35 to U.S. Highway 218; thence along U.S. Highway 218 to State Trunk Highway (STH) 30; thence along STH 30 to CSAH 13, Dodge County; thence along CSAH 13 to U.S. Highway 14; thence along U.S. Highway 14 to STH 57; thence along STH 57 to CSAH 22, Dodge County; thence along CSAH 22 to CSAH 24, Dodge County; thence along CSAH 24 to CSAH 12, Steele County; thence along CSAH 12 to the point of beginning.
Subp. 156. Registration Block 254.
Registration Block 254 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 30 and County State-Aid Highway (CSAH) 3, Waseca County; thence along CSAH 3 to CSAH 29, Faribault County; thence along CSAH 29 to STH 22; thence along STH 22 to the south boundary of the state; thence along the south boundary of the state to STH 105; thence along STH 105 to STH 116 in Austin; thence along STH 116 to U.S. Highway 218; thence along U.S. Highway 218 to STH 30; thence along STH 30 to the point of beginning.
Subp. 157. Registration Block 255.
Registration Block 255 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 30 and U.S. Highway 218; thence along U.S. Highway 218 to STH 116; thence along STH 116 to STH 105; thence along STH 105 to the south boundary of the state; thence along the south boundary of the state to U.S. Highway 63; thence along U.S. Highway 63 to STH 30; thence along STH 30 to the point of beginning.
Subp. 158. Registration Block 601 (Metropolitan Deer Management Zone).
Registration Block 601, also known as the Metropolitan Deer Management Zone, is comprised of Registration Blocks 228 and 337 under subparts 75a and 91.
History
- Statutory Authority: MS s 14.389; 97B.311; 97B.411; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 19 SR 2222; 22 SR 292; 24 SR 644; 30 SR 613; 33 SR 215; 33 SR 1967; 35 SR 2014
Chapter 6234 SMALL GAME
Minn. R. 6234.0100 General Restrictions for Taking Small Game
Subpart 1. Using handguns.
All species of small game which may lawfully be taken with a rifle may also be taken with a handgun, subject to the same caliber restrictions that apply to rifles.
Subp. 2. Unattended electronic devices prohibited.
A person may not use an unattended electronic device for the purpose of taking small game, except game birds.
Subp. 3. Wounded game included in bag limit.
Wounded or captured game reduced to possession must be killed before being removed from the site where taken, and once reduced to possession must be included in a person's daily bag limit.
Subp. 4.
[Repealed, L 2008 c 368 art 2 s 82]
History
- Statutory Authority: MS s 97B.031; 97B.605; 97B.711; 97B.911; 97B.915; 97B.921; 97B.924; 97B.925; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 23 SR 299; L 2008 c 368 art 2 s 82
Minn. R. 6234.0200 Taking Ruffed Grouse and Spruce Grouse
Subpart 1. Open season.
Ruffed grouse and spruce grouse may be taken by firearm or bow and arrow from the Saturday on or nearest September 16 to January 1, except when January 1 is a Thursday, Friday, or Saturday, the season closes the following Sunday.
Subp. 2. Bag limit.
A person may not take more than an aggregate of five ruffed grouse and spruce grouse per day or possess an aggregate of more than ten ruffed grouse and spruce grouse at a time.
History
- Statutory Authority: MS s 97A.045; 97B.711; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 19 SR 2222; 34 SR 621
Minn. R. 6234.0300 Taking Sharp-Tailed Grouse
Subpart 1. Bag limits.
A person may not take more than three sharp-tailed grouse per day or possess more than six sharp-tailed grouse at a time.
Subp. 2. Open area.
The open area to take sharp-tailed grouse is statewide except in that portion of the state lying within the following described boundary:
Beginning on U.S. Highway 2 at the west boundary of the state; thence along U.S. Highway 2 to U.S. Highway 71; thence northeast along U.S. Highway 71 to State Trunk Highway (STH) 1; thence east along STH 1 to STH 73; thence south along STH 73 to U.S. Highway 2; thence west on U.S. Highway 2 to STH 200; thence west on STH 200 to STH 6; thence south on STH 6 to STH 18; thence east on STH 18 to STH 65; thence south on STH 65 to STH 70; thence east on STH 70 to the east boundary of the state; thence along the east, south, and west boundary of the state to the point of beginning.
In addition, a person with a valid prairie chicken license may take sharp-tailed grouse in an open prairie chicken permit area where the person is licensed to take prairie chickens during the time the license is valid. The taking of sharp-tailed grouse by a licensed prairie chicken hunter is subject to all other restrictions for taking sharp-tailed grouse and the person must meet small game hunting license requirements to take sharp-tailed grouse.
Subp. 3. Open season.
Sharp-tailed grouse may be taken by firearm or bow and arrow from the Saturday on or nearest September 16 to November 30.
History
- Statutory Authority: MS s 97B.711; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 30 SR 613
Minn. R. 6234.0400 Taking Pheasants
Subpart 1. Open season.
Only cock (male) pheasants may be taken by firearm or bow and arrow from the Saturday on or nearest October 13 to January 1, except when January 1 is a Thursday, Friday, or Saturday, the season closes the following Sunday. Shooting hours are from 9:00 a.m. to sunset each day.
Subp. 2. Bag limit.
From the first day of the pheasant season until November 30, a person may not take more than two cock pheasants per day or possess more than six cock pheasants at a time. From December 1 until the last day of the pheasant season, a person may not take more than three cock pheasants per day or possess more than nine cock pheasants at a time.
Subp. 3. Firearm restriction.
A person may not take pheasants with a rifle or handgun other than a .22 caliber rimfire using short, long, or long rifle ammunition.
History
- Statutory Authority: MS s 97B.711; 97B.715; and others at 19 SR 6; L 2008 c 368 art 2 s 79
- History: 18 SR 83; 19 SR 484; 19 SR 2222; 30 SR 613; 33 SR 1177; 34 SR 621
Minn. R. 6234.0500 Taking Gray Partridge
Subpart 1. Open season.
Gray (Hungarian) partridge may be taken by firearm or bow and arrow from the Saturday on or nearest September 16 to January 1, except when January 1 is a Thursday, Friday, or Saturday, the season closes the following Sunday.
Subp. 2. Rifle restriction.
A person may not take gray partridge with a rifle or handgun other than a .22 caliber rimfire using short, long, or long rifle ammunition.
Subp. 3. Bag limit.
A person may not take more than five gray partridge per day or possess more than ten gray partridge at a time.
History
- Statutory Authority: MS s 14.388; 97B.711; and others at 19 SR 6; L 2014 c 290 s 62
- History: 19 SR 484; 34 SR 621; 39 SR 486
Minn. R. 6234.0600 Taking Jack Rabbits, Cottontail Rabbits, and Snowshoe Hares
Subpart 1. Open season.
Jack rabbits, cottontail rabbits, and snowshoe hares may be taken by legal firearm, bow and arrow, and traps from the Saturday nearest September 16 to the last day in February. A person may use dogs to pursue rabbits and hares without killing or capturing the rabbits and hares at any time during the year except from April 16 to July 14 or under permit.
Subp. 2. Bag limits.
A person may not take more than ten cottontail rabbits, jack rabbits, and snowshoe hares, combined, per day or possess more than 20 cottontail rabbits, jack rabbits, and snowshoe hares, combined, at a time.
History
- Statutory Authority: MS s 14.388; 97A.045; 97B.605; 97B.615; L 2014 c 290 s 64
- History: 18 SR 83; 22 SR 292; 39 SR 486
Minn. R. 6234.0700 Taking Gray Squirrels and Fox Squirrels
Subpart 1. Open season.
Gray squirrels and fox squirrels may be taken by legal firearm, bow and arrow, and traps from the Saturday nearest September 16 to the last day in February.
Subp. 2. Bag limits.
A person may not take more than an aggregate of seven gray squirrels and fox squirrels per day or possess more than an aggregate of 14 gray squirrels and fox squirrels at a time.
History
- Statutory Authority: MS s 97A.045; 97B.605; 97B.611
- History: 18 SR 83
Minn. R. 6234.0800 Hunting by Falconry
Subpart 1. Bag limits.
A person may not take more than three small game animals per day in the aggregate or possess more than six small game animals in the aggregate, other than rabbits and squirrels. A person may take and possess the limits of rabbits and squirrels allowed under parts 6234.0600 and 6234.0700.
Subp. 2. Possessing firearms and bows and arrows prohibited.
A person may not hunt by falconry while in possession of, or having under control, any firearm or bow and arrow.
Subp. 3. Open season and hours for nonmigratory small game.
Nonmigratory small game may be taken by falconry from September 1 to the last day in February. Falconry hunting hours are from one-half hour before sunrise to sunset, except that pheasants may not be taken before 9:00 a.m.
Subp. 4. Open season and hours for migratory game birds.
Woodcock, sora and Virginia rails, mourning dove, and common snipe may be taken by falconry from September 1 to December 16. Ducks, coots, and moorhens (Gallinules) may be taken by falconry from the Saturday nearest October 1 to the Saturday nearest January 14. Geese may be taken by falconry during any open goose season. Crows may be taken by falconry during the open season. Falconry hours are from one-half hour before sunrise to sunset, except during the regular waterfowl season when falconry hours are the same as waterfowl shooting hours.
History
- Statutory Authority: MS s 97B.105; 97B.731
- History: 18 SR 83; 24 SR 644; 30 SR 613; 35 SR 505
Minn. R. 6234.0900 Scope and Definitions
Subpart 1. Scope.
The provisions of parts 6234.0900 to 6234.2400 apply to the use of traps or snares capable of taking a wild animal protected under provisions of Minnesota Statutes, sections 97B.601 to 97B.671 or 97B.901 to 97B.945.
Subp. 2. Terms.
The terms used in parts 6234.0900 to 6234.3500 have the meanings given them in this part.
Subp. 3. Authorized agent.
"Authorized agent" means a person authorized by a trapper, in writing, who possesses all necessary licenses to check, pick up, or reset traps set by the trapper.
Subp. 4. Bait.
"Bait" means any animal or animal parts, including live or dead fish, except that small aggregates of fur and feathers used for flagging purposes are not bait.
Subp. 5. Water set.
"Water set" means any body-gripping trap or snare set in which the body-gripping portion of the jaws or the snare loop, when set, is at least half-submerged in water. A completely submerged water set is any set in which the body-gripping portions of the jaws or the snare loop, when set, is completely submerged in water.
Subp. 6. Wolf snare.
"Wolf snare" means any snare set that:
A. has a maximum loop diameter greater than ten inches, but less than or equal to 18 inches;
B. has a cable diameter of at least 7/64 inches;
C. includes stops affixed to the cable to ensure that the portion of the snare that makes up the noose loop may not be less than three inches in diameter when fully closed;
D. includes a breakaway device that would cause the snare loop to break when pulled by a moose; and
E. includes a diverter wire that extends 27 inches in both directions, measured perpendicular to and from the top of the snare loop. The diverter wires must be positioned at an angle no more than 20 degrees from the horizontal plane of the top of the snare, and the snare must be set within 20 yards of bait.
History
- Statutory Authority: MS s 97B.605; 97B.911; 97B.915; 97B.921; 97B.925; L 2012 c 277 art 1 s 85
- History: 18 SR 83; L 2012 c 277 art 1 s 90; 37 SR 374
Minn. R. 6234.1000 Description of Furbearer Zones
Subpart 1. Forest Furbearer Zone.
That portion of the state lying within the following described boundary is known as the Forest Furbearer Zone.
Beginning on U.S. Highway 59 at the north boundary of the state; thence along U.S. Highway 59 to U.S. Highway 10; thence along U.S. Highway 10 to State Trunk Highway (STH) 210; thence along STH 210 to STH 18; thence along STH 18 to U.S. Highway 169; thence along U.S. Highway 169 to STH 23; thence along STH 23 to STH 65; thence along STH 65 to STH 70; thence along STH 70 to the east boundary of the state; thence along the east and north boundaries of the state to the point of beginning.
Subp. 2. Farmland Furbearer Zone.
That portion of the state lying outside of the Forest Furbearer Zone is known as the Farmland Furbearer Zone.
Subp. 3. North Mink/Muskrat/Beaver/Otter Zone.
That portion of the state lying within the following described boundary is known as the North Mink/Muskrat/Beaver/Otter Zone.
Beginning on State Trunk Highway (STH) 200 at the west boundary of the state; thence along STH 200 to U.S. Highway 2; thence along U.S. Highway 2 to STH 73; thence along STH 73 to STH 27; thence along STH 27 to Interstate Highway 35 (I-35); thence along I-35 to the Carlton-Pine County line; thence east along the Carlton-Pine County line to the east boundary of the state; thence along the east, north, and west boundaries of the state to the point of beginning.
Subp. 4. South Mink/Muskrat/Beaver/Otter Zone.
That portion of the state lying outside of the North Mink/Muskrat/Beaver/Otter Zone is known as the South Mink/Muskrat/Beaver/Otter Zone.
History
- Statutory Authority: MS s 97B.605; 97B.911; 97B.915; 97B.921; 97B.925
- History: 18 SR 83
Minn. R. 6234.1100 Taking Mink and Muskrats
Subpart 1. Open season in North Zone.
Mink and muskrats may be taken by trapping from 9:00 a.m. on the Saturday nearest October 26 to the last day in February in the North Zone.
Subp. 2. Open season in South Zone.
Mink and muskrats may be taken by trapping from 9:00 a.m. on the Saturday nearest October 30 to the last day in February in the South Zone.
Subp. 3. Bag limits.
Mink and muskrats may be taken and possessed without limit.
Subp. 4. Special provisions.
The special provisions in items A to C apply to taking mink and muskrats.
A. Taking by the use of dogs or by digging is prohibited.
B. Openings may be made in any muskrat house for the purpose of trapping if they are plugged by replacing all materials removed and wetting the materials down to prevent freezing within the structure. Traps may be set at natural entrances to muskrat runways and bank burrows.
C. A person may not damage any muskrat house, muskrat runway, or muskrat bank den, except as provided by this part.
History
- Statutory Authority: MS s 97B.911; 97B.915; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484
Minn. R. 6234.1200 Taking Raccoon
Subpart 1. Open season.
Raccoons may be taken statewide with legal firearms, bow and arrow, and by trapping from 9:00 a.m. on the Saturday nearest October 22, except in the North Mink/Muskrat/Beaver/Otter Zone as described in part 6234.1000, subpart 3, where raccoon may be taken with legal firearms, bow and arrow, and by trapping beginning at 9:00 a.m. on the Saturday nearest October 17. The season ends March 15.
Subp. 2. Bag limits.
Raccoons may be taken and possessed without limit.
Subp. 3. Special provisions.
A person may use an artificial light to locate, attempt to locate, or shoot a raccoon only if the raccoon has been treed or put at bay by dogs. The use of dogs and lights to take raccoon is regulated as provided by Minnesota Statutes, sections 97B.081, 97B.621, and 97B.931.
History
- Statutory Authority: MS s 97A.541; 97B.605; 97B.621; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 22 SR 292; 30 SR 613; 36 SR 1155
Minn. R. 6234.1300 Taking Red Fox and Gray Fox
Subpart 1. Open season.
Gray and red fox may be taken statewide with legal firearms, bow and arrow, and by trapping from 9:00 a.m. on the Saturday nearest October 22, except in the North Mink/Muskrat/Beaver/Otter Zone as described in part 6234.1000, subpart 3, where gray and red fox may be taken with legal firearms, bow and arrow, and by trapping beginning at 9:00 a.m. on the Saturday nearest October 17. The season ends March 15.
Subp. 2. Bag limits.
Red fox and gray fox may be taken and possessed without limit.
Subp. 3.
[Repealed, 19 SR 2222]
Subp. 4. Special provisions.
The special provisions in items A and B apply to taking red fox and gray fox.
A. Fox may be run without being taken by the use of dogs at any time during the year except from March 16 to July 14 or under permit.
B. Dogs may be used for hunting fox during the open season.
History
- Statutory Authority: MS s 97A.045; 97A.541; 97B.605; 97B.631; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 22 SR 292; 30 SR 613; 36 SR 1155
Minn. R. 6234.1400 Taking Badger and Opossum
Subpart 1. Open season.
Badgers and opossums may be taken statewide with legal firearms, bow and arrow, and by trapping from 9:00 a.m. on the Saturday nearest October 22, except in the North Mink/Muskrat/Beaver/Otter Zone as described in part 6234.1000, subpart 3, where badger and opossum may be taken with legal firearms, bow and arrow, and by trapping beginning at 9:00 a.m. on the Saturday nearest October 17. The season ends March 15.
Subp. 2. Bag limits.
Badgers and opossums may be taken and possessed without limit.
History
- Statutory Authority: MS s 97B.605; 97B.635; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 30 SR 613; 36 SR 1155
Minn. R. 6234.1500 Taking Lynx
Taking lynx is prohibited statewide.
History
- Statutory Authority: MS s 97B.605; 97B.625
- History: 18 SR 83
Minn. R. 6234.1600 Taking Bobcat
Subpart 1. Open season.
Bobcats may be taken with legal firearms, bow and arrow, and by trapping from the first Saturday following Thanksgiving to the Sunday nearest January 6.
Subp. 2. Open area.
Bobcats may be taken only in that area of the state lying north of Interstate Highway 94 (I-94) beginning at the west boundary of the state; thence along I-94 to U.S. Highway 10; and thence along U.S. Highway 10 to the east boundary of the state.
Subp. 3. Bag limits.
A person may not take more than five bobcats per season by either hunting or trapping or both. A person may not possess more than five bobcats at a time, except that a person may possess additional pelts that the person lawfully took and registered during previous seasons.
Subp. 4. Registering and validating pelts.
Pelts and skinned carcasses are subject to part 6234.2600.
History
- Statutory Authority: MS s 84.027; 97A.485; 97A.541; 97B.605; 97B.625; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 24 SR 644; 30 SR 613; 49 SR 1416
Minn. R. 6234.1700 Taking Fisher and Pine Marten
Subpart 1. Open season.
Fisher and pine marten may be taken by trapping from the first Saturday following Thanksgiving to the Sunday nearest December 12.
Subp. 2. Bag limits.
The combined limit for fisher and pine marten is five per season, in aggregate. A person may not take more than five fisher and pine marten, combined, per season or possess more than five fisher and pine marten, combined, at a time, except that a person may possess additional pelts that the person lawfully took and registered during previous seasons.
Subp. 3. Validation.
Each pine marten or fisher must be validated electronically or on a paper license. The person taking the animal must validate electronically or on the paper license before removing the animal from the kill site. Pelts and skinned carcasses of fisher and pine marten are subject to part 6234.2600.
Subp. 4. Open area.
Fisher and pine marten may be taken only in that area of the state lying north of Interstate Highway 94 (I-94) beginning at the west boundary of the state; thence along I-94 to U.S. Highway 10; and thence along U.S. Highway 10 to the east boundary of the state.
History
- Statutory Authority: MS s 84.027; 97A.485; 97B.605; 97B.635; 97B.901; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 24 SR 644; 30 SR 613; 39 SR 1006; 49 SR 1416
Minn. R. 6234.1800 [Repealed, 30 SR 613]
[Repealed, 30 SR 613]
Minn. R. 6234.1900 Taking Beaver
Subpart 1. Open season and bag limits for beaver in North Zone.
Beaver may be taken and possessed without limit by trapping from 9:00 a.m. on the Saturday nearest October 26 to May 15.
Subp. 2. Open season and bag limits for beaver in South Zone.
Beaver may be taken and possessed without limit by trapping from 9:00 a.m. on the Saturday nearest October 30 to May 15.
History
- Statutory Authority: MS s 97B.925
- History: 18 SR 83; 20 SR 2287
Minn. R. 6234.2000 Taking Otter
Subpart 1. Open season for otter in North Zone.
Otter may be taken by trapping from 9:00 a.m. on the Saturday nearest October 26 to the Sunday nearest January 6 only in that portion of the state described in part 6234.1000, subpart 3.
Subp. 2. Open season and area for otter in South Zone.
Otter may be taken by trapping from 9:00 a.m. on the Saturday nearest October 30 to the Sunday nearest January 6 in the remainder of the state described in part 6234.1000, subpart 4.
Subp. 3. Bag limits.
A person may not take more than four otter per season, or possess more than four otter at a time, except that a person may possess additional pelts that the person lawfully took and registered during previous seasons.
Subp. 4. Validation.
Each otter taken must be validated electronically or on the paper license at the kill site before removal. Pelts are subject to part 6234.2600.
History
- Statutory Authority: MS s 84.027; 97A.485; 97B.605; 97B.901; 97B.921; 97B.925
- History: 18 SR 83; 20 SR 2287; 30 SR 613; 35 SR 2014; 39 SR 1006; 49 SR 1416
Minn. R. 6234.2100 Special Provisions for Taking Beaver and Otter
Subpart 1. Setting traps.
Traps of any kind may not be set inside a beaver house or above the water line on the outside of a beaver house.
Subp. 2. Damage to beaver house or dam.
A person may not damage a beaver house or dam, except as otherwise authorized by law or permit or by employees of the department in the performance of their official duties.
Subp. 3. Using snowmobiles and all-terrain vehicles.
Snowmobiles and all-terrain vehicles may be used statewide to transport or check beaver or otter traps and to transport beaver or otter carcasses.
Subp. 4. Taking in wildlife management areas.
Beaver and otter may be taken by licensed trappers in wildlife management areas by permit issued by the appropriate state wildlife manager.
Subp. 5.
[Repealed, 35 SR 505]
Subp. 6.
[Repealed, 35 SR 505]
History
- Statutory Authority: MS s 97B.605; 97B.921; 97B.925; 97B.935
- History: 18 SR 83; 30 SR 613; 35 SR 505
Minn. R. 6234.2200 Using Traps
Subpart 1. Trap-tending hours and using lights.
Trap-tending hours and use of lights are regulated as provided by Minnesota Statutes, section 97B.931.
Subp. 2. Trap-tending interval; nondrowning sets.
A. Any trap, except a body-gripping or "conibear" type trap, capable of capturing a protected wild animal and not capable of drowning the animal must be tended at least once each calendar day and any animal captured must be removed from the trap. A body-gripping or "conibear" type trap need not be tended more frequently than once every third calendar day and any animal captured must be removed from the trap.
B. Foothold traps with a jaw spread of 4.75 inches or less or a rat type snap trap, contained entirely within a container with an opening of no more than two inches in height or width, need not be tended more frequently than once every third calendar day and any animal captured must be removed from the trap. This item applies only to sets that are designed to immediately kill the animal.
Subp. 3. Trap-tending interval; drowning sets.
Except for traps set under the ice, any trap capable of drowning the captured animal must be tended at least once each third calendar day and any animal captured must be removed from the trap.
Subp. 4. Exposed bait.
A person may not set or maintain any leghold trap within 20 feet of bait located in such a manner that it may be seen by soaring birds.
Subp. 5. Size restriction on body-gripping traps.
A person may not set, place, or operate, except as a water set, any body-gripping or "conibear" type trap that has a maximum jaw opening, when set, of greater than 7-1/2 inches measured from the inside edges of the body-gripping portions of the jaws.
Subp. 6. Size restriction on leghold traps.
A person may not set, place, or operate any leghold trap that has a maximum jaw opening, when set, of greater than 8-3/4 inches measured from the inside edges of the jaws.
Subp. 7. Placement of body-gripping traps.
A person may not set, place, or operate any body-gripping or "conibear" type trap that has a maximum jaw opening, when set, of greater than 6-1/2 inches measured from the inside edges of the body-gripping portions of the jaws:
A. in a road right-of-way within 500 feet of a building occupied by a human or livestock without written permission of the landowner, except as a completely submerged water set; or
B. in or within three feet of the opening of a six-foot-wide or smaller culvert, except as a completely submerged water set.
Subp. 8.
[Repealed, 22 SR 292]
Subp. 9. Marking trapping site.
Prior to the opening of the trapping season for any protected species of wild animal, no trap, either set or unset, may be placed or staked and no flag, stake, or other device may be placed for the purpose of marking or preempting a trapping site. During the muskrat trapping season, no flag, stake, or other device may be placed in or on a muskrat house for the purpose of marking or preempting a trap site unless an operational trap is set at the site at the time it is first staked or marked.
Subp. 10. Removing traps.
A trap placed for a protected wild animal may not be left in place, either set or unset, after the close of the applicable trapping season.
Subp. 11.
[Repealed, 22 SR 292]
Subp. 12. Authorized agent.
A trapper may authorize, in writing, an agent who possesses all necessary licenses to check, pick up, and reset, at the same site, traps set by the trapper. An authorized agent may remove a trapped animal and, if the animal removed from the trap is required to be validated as provided by part 6234.2600, must validate the agent's own site validation coupon as prescribed at and prior to removing the animal from the site of the kill.
History
- Statutory Authority: MS s 97B.605; 97B.611; 97B.615; 97B.621; 97B.625; 97B.631; 97B.635; 97B.911; 97B.915; 97B.921; 97B.925
- History: 18 SR 83; 20 SR 2287; 22 SR 292; 35 SR 505; 39 SR 1006
Minn. R. 6234.2300 General Restrictions on Using Snares
Subpart 1. Regulation of snares as traps.
Unless otherwise specified, snares may be used for taking all species of protected wild animals that may be taken by the use of traps. The use of snares is subject to all rules for the use of traps that are consistent with parts 6234.2300 and 6234.2400.
Subp. 2.
[Repealed, L 2005 c 146 s 52]
Subp. 3.
[Repealed, L 2005 c 146 s 52]
Subp. 4. Wolf snares.
Wolves may be taken with snares or wolf snares as defined in part 6234.0900.
History
- Statutory Authority: MS s 97A.045; 97B.605; 97B.611; 97B.615; 97B.621; 97B.625; 97B.631; 97B.635; 97B.911; 97B.915; 97B.921; 97B.925; L 2012 c 277 art 1 s 85
- History: 18 SR 83; L 2005 c 146 s 52; 35 SR 505; 37 SR 374
Minn. R. 6234.2400 Special Restrictions on Using Snares
Subpart 1. Scope.
The provisions of parts 6234.2300 and 6234.2400 apply to the use of snares capable of taking a wild animal protected under provisions of Minnesota Statutes, sections 97B.601 to 97B.671 or 97B.901 to 97B.945.
Subp. 2. Farmland Furbearer Zone restrictions.
In the Farmland Furbearer Zone, a person may use snares as follows:
A. from April 1 to the Friday nearest October 26, a person may not set, place, or operate any snare except as a water set in that part of the Farmland Furbearer Zone lying within the North Mink/Muskrat/Beaver/Otter Zone, described in part 6234.1000, subpart 3;
B. from the Saturday nearest October 26 to March 31, a person may not set, place, or operate any snare on public lands, including on the surface of frozen water within public lands, on road rights-of-way, or in fence lines along road rights-of-way, except as a water set in that part of the Farmland Furbearer Zone lying within the North Mink/Muskrat/Beaver/Otter Zone, described in part 6234.1000, subpart 3;
C. from April 1 to the Friday nearest October 30, a person may not set, place, or operate any snare except as a water set in that part of the Farmland Furbearer Zone lying outside the North Mink/Muskrat/Beaver/Otter Zone, described in part 6234.1000, subpart 3;
D. from the Saturday nearest October 30 to March 31, a person may not set, place, or operate any snare on public lands, including on the surface of frozen water within public lands, on road rights-of-way, or in fence lines along road rights-of-way, except as a water set in that part of the Farmland Furbearer Zone lying outside the North Mink/Muskrat/Beaver/Otter Zone, described in part 6234.1000, subpart 3.
Subp. 3. Snaring in culverts.
A person may not set, place, or operate a snare in a culvert, except as a completely submerged water set.
Subp. 4. Removing snares.
A snare set for a protected mammal may not be left in place after the close of the applicable trapping season.
Subp. 5. Prohibition; snares in wildlife trails.
Snares, including wolf snares, may not be set in deer, elk, or moose trails.
Subp. 6. Using spring poles.
Snares may not be used with spring poles or other devices where an animal caught in the snare will be wholly or partly lifted from the ground.
Subp. 7. Snare height.
A snare may not be set so that the top of the loop is more than 20 inches above the first surface beneath the bottom of the set snare loop. During the wolf season, licensed wolf trappers may use wolf snares but a wolf snare may not be set so that the bottom of the loop is more than 18 inches above the first surface beneath the bottom of the set snare loop.
Subp. 8. Snare loop diameter.
The diameter of a snare loop may not exceed ten inches.
Subp. 9. Snare cable diameter.
Snare cable or wire may not exceed one-eighth inch in diameter.
Subp. 10. Tending snares.
All snares not capable of drowning the captured animal must be tended at least once each calendar day and any animal captured must be removed from the snare.
Subp. 11. Snare separation.
Licensed wolf trappers shall set wolf snares for wolves no closer than 500 feet to another wolf snare set by the same licensed wolf trapper.
History
- Statutory Authority: MS s 97B.605; 97B.611; 97B.615; 97B.621; 97B.625; 97B.631; 97B.635; 97B.911; 97B.915; 97B.921; 97B.925; L 2012 c 277 art 1 s 85
- History: 18 SR 83; 30 SR 613; 35 SR 505; 36 SR 1155; 37 SR 374; 39 SR 1006
Minn. R. 6234.2500 [Repealed, 35 SR 505]
[Repealed, 35 SR 505]
Minn. R. 6234.2600 Registering and Validating Pelts
Subpart 1.
[Repealed, 30 SR 613]
Subp. 2.
[Repealed, 30 SR 613]
Subp. 3. Registering pelts.
The pelt of each bobcat, fisher, pine marten, and otter must be presented, along with completed site validations for each fisher, pine marten, or otter, by the person taking it, to a state wildlife manager designee for registration before the pelt is sold and before the pelt is transported out of the state, but in no event more than 48 hours after the season closes for each species, respectively. The entire carcass of bobcat and the entire head of pine marten and fisher must be surrendered to the state wildlife manager designee. The pelt of bobcat, otter, fisher, and pine marten must have been removed from the carcass.
Subp. 4. Prohibition on validating animals not personally taken.
A person may not validate any animal that the person did not take or is not authorized to take.
Subp. 5. Requirement for tags and seals to remain affixed.
Registration tags or seals must remain affixed to the raw pelt until the pelt is tanned or mounted.
Subp. 6. Site validations.
A. Fisher, otter, and pine marten site validations may be obtained at no cost from the electronic licensing system, the Department of Natural Resources License Center, or other authorized agents.
B. The site validation is part of the trapper's license to take fisher, otter, and pine marten and must be in the trapper's possession while taking and transporting these species.
C. Site validations are not transferable.
Subp. 7. Validation.
Site validation must be completed electronically or on a paper license indicating the species for fisher or marten, month, date, and time (a.m./p.m.) the animal was taken. Validation must be completed at and before removing the animal from the kill site.
History
- Statutory Authority: MS s 84.027; 97A.485; 97B.605; 97B.625; 97B.635; 97B.901; 97B.911; 97B.915; 97B.921; 97B.925
- History: 18 SR 83; 19 SR 2222; 20 SR 2287; 22 SR 292; 30 SR 613; 35 SR 2014; 39 SR 1006; 49 SR 1416
Minn. R. 6234.2700 Special Restrictions on Taking and Possessing Furbearers
The restrictions in items A to D apply to the possession and transportation of accidental captures.
A. A person may not possess or transport a lynx or wolf that was accidentally killed or was lawfully killed while causing or threatening injury or damage until the person notifies the local conservation officer, other authorized department employee, or regional enforcement office, of the killing and receives authorization to possess, transport, or skin the animal.
B. A person may possess or transport fox, mink, muskrat, beaver, badger, opossum, or raccoon accidentally killed or lawfully killed while causing or threatening injury or damage, only if the local conservation officer or other authorized employee of the department is notified within 24 hours of such killing and before any skinning has begun.
C. A person may possess or transport a fisher, otter, or pine marten that has been accidentally killed or a bobcat that has been either lawfully killed when causing damage or accidentally killed only after notifying the local conservation officer or other authorized employee of the department of such killing. After making the required notification and taking possession of the animal, the person may not skin, transfer possession, or otherwise dispose of the animal until the person receives authorization from a conservation officer or other authorized department employee.
D. A person must report any incidental taking of a Canada lynx to the local conservation officer within 24 hours of the taking.
History
- Statutory Authority: MS s 97B.605; 97B.911; 97B.915; 97B.921; 97B.925
- History: 18 SR 83; L 2000 c 463 s 22; 36 SR 1155; L 2012 c 277 art 1 s 90
Minn. R. 6234.2800 Paying Pelting Fees
If a person recovers, treats, preserves, or transports the pelt of any fur-bearing animal that was accidentally killed, or lawfully killed while causing or threatening injury or damage, the person may be entitled to a pelting fee equal to 50 percent of the average value of a pelt in the lot of fur in which the pelt was sold or 50 percent of the proceeds of the sale of the pelt if not sold in a lot of fur, not to exceed $25 per pelt. A pelting fee will not be paid on muskrats.
History
- Statutory Authority: MS s 97A.055; 97B.605; and others at 19 SR 6
- History: 19 SR 484; 20 SR 2287; 30 SR 613
Minn. R. 6234.2900 Pelting Fee Restrictions
The provisions in items A and B apply to the payment of pelting fees.
A. A person must provide the pelt and carcass to the commissioner at the earliest opportunity.
B. Claims for pelting fees must be submitted on forms provided by the commissioner. Claims will not be paid until the commissioner has certified that the claimant has used due care in recovering, treating, preserving, and transporting the pelt to maintain its value.
History
- Statutory Authority: MS s 97A.055; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6234.3000 Certification for Predator Control
Subpart 1. Certification required.
A person may not participate in the predator control program unless the person is certified.
Subp. 2. Application process.
Application for certification as a predator controller may be made on forms provided by the commissioner to a conservation officer in the applicant's county of residence on forms provided by the commissioner. The application shall include a summary of the applicant's experience and skill as a trapper or hunter.
Subp. 3. Predator controller qualifications.
A person will not be certified unless the person completes all information requested on the application and meets the following qualifications:
A. for three years prior to the date of application, the person must not have been convicted of a violation of Minnesota Statutes, sections 97B.601 to 97B.671 or 97B.901 to 97B.951, or a rule of the commissioner relating to furbearing animals; and
B. the person must either demonstrate or attest to the person's skill in hunting or trapping, including the ability to distinguish signs, tracks, and trails of predators.
Subp. 4. Revoking certification.
A certificate may be revoked if the controller is inactive in the program for 24 consecutive months.
Subp. 5.
[Repealed, 35 SR 505]
History
- Statutory Authority: MS s 97B.671; and others at 19 SR 6
- History: 19 SR 484; 19 SR 2222; 35 SR 505
Minn. R. 6234.3100 Designated Control Areas and Dates of Operation
Subpart 1. Reporting damage.
Predator damage must be reported to a conservation officer on forms provided by the commissioner.
Subp. 2. Corrective action.
If it is determined that corrective action in an area is necessary, a directive will be issued designating:
A. the predator control area. The open area may not exceed a one-mile radius surrounding the damage site for coyotes and a one-half mile radius for fox;
B. the species of predators to be taken;
C. the allowable methods of control; and
D. the effective dates. Between October 1 and the last day of February no areas may be open for predator control for more than 30 days. All control activities must cease at the expiration of the date specified in the directive. If an earlier date is not specified, all open areas close on October 1.
Subp. 3. Notifying eligible predator controllers.
When a predator control area has been opened, all certified predator controllers within 20 road miles of the control site will be notified. Additional predator controllers, more than 20 road miles from the control site, may be notified if necessary to abate the damage.
History
- Statutory Authority: MS s 97B.671; and others at 19 SR 6
- History: 19 SR 484; 19 SR 2222
Minn. R. 6234.3200 Using Snares for Predator Control
Certified predator controllers may use snares statewide at any time when participating in the predator control program.
History
- Statutory Authority: MS s 97B.671; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6234.3300 Prohibited Methods of Predator Control
Subpart 1. Motor vehicles.
Predators may not be taken from motor vehicles, airplanes, or snowmobiles.
Subp. 2. Poison.
Poison may not be used in taking predators.
History
- Statutory Authority: MS s 97B.671; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6234.3400 Compensation for Predator Control
Subpart 1. Presentation of carcass.
A predator controller must, within 48 hours, present the entire unskinned carcass of each predator to the conservation officer in the county where taken. The conservation officer must remove the front feet and the ears from the unskinned carcass. The remaining carcass is the property of the predator controller and must be immediately removed.
Subp. 2. Identification of sites and methods.
Controllers must, upon request, specifically identify the method used to take the predator and the site where each predator for which payment is claimed was taken.
Subp. 3. Payment schedule.
The payments in items A and B will be made for predators taken according to this part.
A. For predators taken from March 1 through September 30:
B. For predators taken from October 1 through the last day in February:
History
- Statutory Authority: MS s 97B.671; and others at 19 SR 6
- History: 19 SR 484; 19 SR 2222
Minn. R. 6234.3500 Take a Kid Hunting
Take A Kid Hunting Weekend, as provided by Minnesota Statutes, section 97A.445, is the weekend beginning on the Saturday nearest September 23.
History
- Statutory Authority: MS s 97A.445
- History: 18 SR 83
Chapter 6236 TURKEY HUNTING
Minn. R. 6236.0100 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 2. Agricultural land or grazing land.
"Agricultural land" or "grazing land" has the meaning given "agricultural land" under Minnesota Statutes, section 97B.001.
Subp. 3. Bearded turkey.
"Bearded turkey" means a turkey with a visible beard. A beard is a feathered appendage protruding from the breast and generally found only on males.
Subp. 4. Landowner or tenant.
"Landowner" or "tenant" means a person who is an owner or tenant of and who lives on at least 40 acres of agricultural or grazing land within the zone being applied for.
Subp. 5. Legal bow and arrow.
"Legal bow and arrow" means a bow that has a pull of no less than 40 pounds, at or before full draw, and that is not drawn, held, or released by a mechanical device. Arrowheads must be of a blunt head design or:
A. sharp and have a minimum of two metal cutting edges;
B. of a barbless broadhead design and function, as follows:
C. of a diameter of at least seven-eighths of an inch at or after impact with a wild turkey.
Subp. 6. Legal firearms.
"Legal firearms" means shotguns or muzzleloading shotguns 20 gauge or larger, using fine shot size No. 4 or smaller diameter shot.
Subp. 7. Wild turkey permit area.
"Wild turkey permit area" means an area of the state comprised of partial, single, or grouped registration blocks where taking wild turkeys is authorized by permit.
History
- Statutory Authority: MS s 97B.711; 97B.723; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 19 SR 2222; 20 SR 2287; 30 SR 613; 36 SR 1155
Minn. R. 6236.0200 Turkey License Eligibility
To be eligible for a turkey license, a person must not have any small game hunting privileges revoked within one year prior to purchasing a turkey license.
History
- Statutory Authority: MS s 97A.435
- History: 18 SR 83
Minn. R. 6236.0300 Turkey Hunt Drawing
Subpart 1. Spring license application drawings.
A. Applications for spring hunts must be made according to this part and according to application instructions provided by the commissioner. Each person must apply through the electronic license system, the Department of Natural Resources License Center, or other authorized agents. Drawings will be conducted to determine persons who will be eligible to purchase licenses for each season. The drawings will be subject to the quotas established by the commissioner. Preference in the respective drawings is given to applicants based upon the number of times they have correctly applied for a license for that hunt but have been unsuccessful. A person selected by the drawings is eligible to purchase a license to hunt turkey. Upon issuance of a turkey license for the spring season, all accumulated preference for that season is lost, except as provided in subpart 6.
B. No application is needed to purchase a fall turkey license.
Subp. 2. Participation in application drawings.
A person may not apply more than once for a hunt, whether as an individual or as a member of a group. Qualifying individuals may apply for the resident landowner-tenant turkey drawing. All of the information in items A to G must be supplied on the application forms.
A. A resident applicant 18 years or older must provide the applicant's individual Minnesota driver's license number of 13 characters, a 13-character firearms safety number, or an official state of Minnesota identification number of 13 characters issued by the Department of Public Safety.
B. A nonresident 18 years or older must provide a driver's license number or other identification number.
C. Up to four persons desiring to hunt together as a group may apply as a group. Group applications shall either all be selected or none selected. All group members must apply for the same wild turkey permit areas and time periods. The preference rating of applicants who apply as a group shall be determined by the individual in the group with the lowest preference. Group applications may be made up of all general or all landowner-tenant applications, but not both.
D. A person who applies as a landowner or tenant but does not meet the definition as provided by this part will be ineligible for that season's drawings.
E. The application deadline for the spring season is the second Friday in January.
F. Youth age 17 and younger may purchase a wild turkey hunting license to hunt all eight spring turkey time periods. A wild turkey hunting license under this item is separate from the normal lottery process and is valid for hunting in any wild turkey permit area.
G. A person who has not applied for a wild turkey license through the lottery or who applied for a license and was unsuccessful in the lottery may purchase a wild turkey hunting license to hunt the spring turkey season during the fourth, fifth, sixth, seventh, or eighth time period. A wild turkey hunting license under this item is separate from the normal lottery process. Firearms hunters who purchase a license under this item must choose and hunt in one time period. Archery hunters who purchase a license under this item may hunt throughout the fourth, fifth, sixth, seventh, and eighth time periods.
Subp. 3. Landowner-tenant drawing.
A landowner-tenant license application drawing will be held subject to the restrictions in items A to F.
A. An applicant must meet all eligibility requirements and must provide a complete and accurate description of the qualifying land.
B. An applicant must be a landowner, tenant, or a member of the landowner's or tenant's immediate family. Family members include those related by blood, marriage, or adoption.
C. For each wild turkey permit area and time period, no more than 20 percent of the successful participants will be drawn from the special landowner-tenant applications.
D. An individual participant in the landowner-tenant drawing may submit only one application and only for the turkey wild turkey permit area in which the participant resides.
E. Applicants unsuccessful in the landowner-tenant drawing will be included in the general drawing.
F. Landowner-tenant licensees must allow turkey hunting as provided by Minnesota Statutes, section 97A.435, and the commissioner will make descriptions of these lands available to licensed turkey hunters.
Subp. 4. Modifying quota numbers for group applications.
The quota of licenses or permits for a drawing may be increased to accommodate group members if the last applicant to be selected is a member of a group.
Subp. 5. Drawing application fee.
An applicant must pay a fee as provided by statute at the time of application. Any check that is returned to the department for nonpayment will invalidate the application and the check will be destroyed. Refunds of application fees will not be made for any reason.
Subp. 6. Undersubscribed wild turkey permit areas.
In permit areas and time periods with fewer applicants than available licenses, the remaining available licenses may be first offered to unsuccessful applicants for other permit areas or time periods on a first-come, first-served basis. An eligible person must apply individually through the electronic license system, the Department of Natural Resources License Center, or other authorized agents to obtain a remaining available license. Any remaining available licenses not purchased by unsuccessful applicants may then be issued to any eligible person on a first-come, first-served basis. Individuals who purchase these remaining available licenses retain their accumulated preference.
History
- Statutory Authority: MS s 84.027; 97A.435; 97A.485; 97B.711; 97B.723
- History: 18 SR 83; 20 SR 2287; 30 SR 613; 35 SR 2014; 39 SR 1006; 49 SR 1416
Minn. R. 6236.0400 Obtaining License
The following provisions apply to persons who have applied for a turkey license:
A. Only successful applicants will be notified.
B. Successful applicants will receive a license application with instructions for obtaining their licenses. Persons who do not return the license application and the fee according to the provisions specified on the license application or who do not provide all the requested information will be disqualified.
C. A person may purchase a fall turkey license without an application. A turkey permit area must be selected.
History
- Statutory Authority: MS s 97A.435; 97B.711; 97B.723
- History: 18 SR 83; 39 SR 1006
Minn. R. 6236.0500 Turkey Hunt License Restrictions
Turkey hunters licensed for the same wild turkey permit area and time period may assist other licensed turkey hunters but each hunter may not shoot, validate, or register a turkey for another hunter.
History
- Statutory Authority: MS s 84.027; 97A.485; 97B.711; 97B.723
- History: 18 SR 83; 20 SR 2287; 49 SR 1416
Minn. R. 6236.0550 Firearm and Bow and Arrow Restrictions
While afield hunting turkeys, licensees may not have in possession or control any firearm or bow and arrow except those defined as legal as provided by part 6236.0100.
History
- Statutory Authority: MS s 97B.711; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6236.0600 Spring Turkey Season
Subpart 1. Open dates.
The spring turkey season opens the Wednesday nearest April 15 and consists of six consecutive five-day periods followed by two consecutive seven-day periods.
Subp. 2. Shooting hours.
Shooting hours for turkeys during the spring season are from one-half hour before sunrise to sunset.
Subp. 3. Bag limit.
The bag limit for the spring season is one bearded turkey.
Subp. 4. Open areas.
Wild turkey permit areas are open for the spring turkey season as prescribed by the commissioner. Turkey licenses are valid for taking turkeys only in the wild turkey permit area specified on the license, except for archery-only licenses issued under Minnesota Statutes, section 97A.435, subdivision 5, paragraph (a).
Subp. 5. Registration.
Turkeys must be registered within 24 hours after being taken during the spring turkey season.
History
- Statutory Authority: MS s 14.388; 97A.435; 97B.711; 97B.721; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 20 SR 2287; 30 SR 613; 31 SR 745
Minn. R. 6236.0700 Fall Turkey Season
Subpart 1. Open dates.
The fall turkey season consists of one 30-day period beginning on the Saturday nearest October 1.
Subp. 2. Shooting hours.
Shooting hours for turkeys during the fall season are one-half hour before sunrise to sunset.
Subp. 3. Bag limit.
The bag limit for the fall season is one turkey of either sex or any age.
Subp. 4. Open areas.
Wild turkey permit areas are open for the fall turkey season as prescribed by the commissioner. Turkey licenses are valid for taking turkeys only in the wild turkey permit area specified on the license.
Subp. 5. Registration.
Turkeys must be registered within 24 hours after being taken during the fall turkey season.
History
- Statutory Authority: MS s 97B.711; 97B.721; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 20 SR 2287; 30 SR 613; 36 SR 1155
Minn. R. 6236.0800 [Repealed, 20 SR 2287]
[Repealed, 20 SR 2287]
Minn. R. 6236.0810 Wild Turkey Permit Area Descriptions
Subpart 1. Designation.
Wild turkey permit areas are designated and described by the permit area numbers and boundary descriptions in this part.
Subp. 2. Permit area 501.
Permit area 501 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of the southern and eastern boundaries of the state; thence along the southern boundary to U.S. Highway 63, Fillmore County; thence along U.S. Highway 63 to State Trunk Highway (STH) 30, Olmsted County; thence along STH 30 to County State-Aid Highway (CSAH) 13, Olmsted County; thence along CSAH 13 to STH 57, Dodge County; thence along STH 57 to U.S. Highway 52; thence along U.S. Highway 52 to STH 19; thence along STH 19 to the west bank of the Little Cannon River; thence along the west bank of the Little Cannon River to the north bank of the Cannon River; thence along the north bank of the Cannon River to U.S. Highway 61; thence along U.S. Highway 61 to U.S. Highway 63; thence along U.S. Highway 63 to the eastern boundary of the state; thence along the eastern boundary of the state to the point of beginning.
Subp. 3. Permit area 502.
Permit area 502 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 42 and County State-Aid Highway (CSAH) 4, Wabasha County; thence along CSAH 4 to CSAH 10, Olmsted County; thence along CSAH 10 to CSAH 9, Olmsted County; thence along CSAH 9 to CSAH 22, Winona County; thence along CSAH 22 to STH 74; thence along STH 74 to U.S. Highway 14; thence along U.S. Highway 14 to CSAH 33, Winona County; thence along CSAH 33 to STH 248; thence along STH 248 to CSAH 31, Winona County; thence along CSAH 31 to CSAH 28, Winona County; thence along CSAH 28 to CSAH 25, Winona County; thence along CSAH 25 to U.S. Highway 61; thence along U.S. Highway 61 to CSAH 14, Wabasha County; thence along CSAH 14 to STH 42; thence along STH 42 to the point of beginning.
Subp. 4. Permit area 503.
Permit area 503 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of the southern boundary of the state and U.S. Highway 63, Fillmore County; thence along the southern boundary of the state to State Trunk Highway (STH) 22, Faribault County; thence along STH 22 to County State-Aid Highway (CSAH) 29, Faribault County; thence along CSAH 29 to CSAH 3, Waseca County; thence along CSAH 3 to STH 30; thence along STH 30 to STH 22, Blue Earth County; thence along STH 22 to U.S. Highway 14; thence along U.S. Highway 14 to STH 60, Blue Earth County; thence along STH 60 to CSAH 26, Blue Earth County; thence along CSAH 26 to CSAH 15, Le Sueur County; thence along CSAH 15 to STH 99, Le Sueur County; thence along STH 99 to CSAH 11, Le Sueur County; thence along CSAH 11 to CSAH 26, Le Sueur County; thence along CSAH 26 to CSAH 11, Le Sueur County; thence along CSAH 11 to STH 19, Le Sueur County; thence along STH 19 to Interstate Highway 35; thence along Interstate Highway 35 to CSAH 70, Scott County; thence along CSAH 70 to CSAH 23, Dakota County; thence along CSAH 23 to STH 50, Dakota County; thence along STH 50 to STH 3, Dakota County; thence along STH 3 to CSAH 66, Dakota County; thence along CSAH 66 to U.S. Highway 52; thence along U.S. Highway 52 to CSAH 46, Dakota County; thence along CSAH 46 to CSAH 47, Dakota County; thence along CSAH 47 to U.S. Highway 61; thence along U.S. Highway 61 to U.S. Highway 10; thence along U.S. Highway 10 to the east boundary of the state; thence along the east boundary of the state to Lock and Dam 3 and CSAH 18, Goodhue County; thence along CSAH 18 to U.S. Highway 61; thence along U.S. Highway 61 to the Cannon River; thence along the north bank of the Cannon River to its confluence with the Little Cannon River; thence along the west bank of the Little Cannon River to STH 19, Goodhue County; thence along STH 19 to U.S. Highway 52; thence along U.S. Highway 52 to STH 57; thence along STH 57 to CSAH 13, Dodge County; thence along CSAH 13 to STH 30, Dodge County; thence along STH 30 to U.S. Highway 63, Olmsted County; thence along U.S. Highway 63 to the point of beginning.
Subp. 5. Permit area 504.
Permit area 504 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of the southern boundary of the state and State Trunk Highway (STH) 22; thence along the southern boundary of the state to the western boundary of the state; thence along the western boundary of the state to County State-Aid Highway (CSAH) 24, Lac qui Parle County; thence along CSAH 24 to U.S. Highway 75, Lac qui Parle County; thence along U.S. Highway 75 to CSAH 28, Lac qui Parle County; thence along CSAH 28 to STH 119; thence along STH 119 to CSAH 20, Lac qui Parle County; thence along CSAH 20 to CSAH 31, Lac qui Parle County; thence along CSAH 31 to U.S. Highway 212, Lac qui Parle County; thence along U.S. Highway 212 to CSAH 19, Lac qui Parle County; thence along CSAH 19 to CSAH 8, Yellow Medicine County; thence along CSAH 8 to STH 67, Yellow Medicine County; thence along STH 67 to CSAH 43, Yellow Medicine County; thence along CSAH 43 to STH 23, Yellow Medicine County; thence along STH 23 to CSAH 2, Yellow Medicine County; thence along CSAH 2 to STH 67, Yellow Medicine County; thence along STH 67 to CSAH 1, Yellow Medicine County; thence along CSAH 1 to CSAH 9, Redwood County; thence along CSAH 9 to STH 273, Redwood County; thence along STH 273 to STH 19, Redwood County; thence along STH 19 to STH 67, Redwood County; thence along STH 67 to STH 68; thence along STH 68 to STH 4; thence along STH 4 to CSAH 24, Brown County; thence along CSAH 24 to CSAH 11, Brown County; thence along CSAH 11 to CSAH 20, Brown County; thence along CSAH 20 to STH 257; thence along STH 257 to STH 15; thence along STH 15 to CSAH 19, Brown County; thence along CSAH 19 to CSAH 22, Blue Earth County; thence along CSAH 22 to CSAH 6, Blue Earth County; thence along CSAH 6 to STH 60; thence along STH 60 to STH 22; thence along STH 22 to STH 30; thence along STH 30 to CSAH 3, Waseca County; thence along CSAH 3 to CSAH 29, Faribault County; thence along CSAH 29 to STH 22; thence along STH 22 to the point of beginning.
Subp. 6. Permit area 505.
Permit area 505 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of the western boundary of the state and County State-Aid Highway (CSAH) 24, Lac qui Parle County; thence along CSAH 24 to U.S. Highway 75, Lac qui Parle County; thence along U.S. Highway 75 to CSAH 28, Lac qui Parle County; thence along CSAH 28 to State Trunk Highway (STH) 119; thence along STH 119 to CSAH 20, Lac qui Parle County; thence along CSAH 20 to CSAH 31, Lac qui Parle County; thence along CSAH 31 to U.S. Highway 212; thence along U.S. Highway 212 to CSAH 19, Lac qui Parle County; thence along CSAH 19 to CSAH 8, Yellow Medicine County; thence along CSAH 8 to STH 67, Yellow Medicine County; thence along STH 67 to CSAH 43, Yellow Medicine County; thence along CSAH 43 to STH 23; thence along STH 23 to CSAH 2, Yellow Medicine County; thence along CSAH 2 to STH 67; thence along STH 67 to CSAH 1, Yellow Medicine County; thence along CSAH 1 to CSAH 9, Redwood County; thence along CSAH 9 to STH 273; thence along STH 273 to STH 19, Redwood County; thence along STH 19 to STH 67, Redwood County; thence along STH 67 to STH 68, Redwood County; thence along STH 68 to STH 4, Brown County; thence along STH 4 to CSAH 24, Brown County; thence along CSAH 24 to CSAH 11, Brown County; thence along CSAH 11 to CSAH 20, Brown County; thence along CSAH 20 to STH 257, Brown County; thence along STH 257 to STH 15, Brown County; thence along STH 15 to CSAH 19, Brown County; thence along CSAH 19 to CSAH 22, Blue Earth County; thence along CSAH 22 to CSAH 6, Blue Earth County; thence along CSAH 6 to STH 60, Blue Earth County; thence along STH 60 to CSAH 26, Blue Earth County; thence along CSAH 26 to CSAH 15, Le Sueur County; thence along CSAH 15 to STH 99, Le Sueur County; thence along STH 99 to CSAH 11, Le Sueur County; thence along CSAH 11 to CSAH 26, Le Sueur County; thence along CSAH 26 to CSAH 11, Le Sueur County; thence along CSAH 11 to STH 19, Le Sueur County; thence along STH 19 to Interstate Highway 35; thence along Interstate Highway 35 to CSAH 70, Dakota County; thence along CSAH 70 to CSAH 8, Scott County; thence along CSAH 8 to STH 13, Scott County; thence along STH 13 to STH 282; thence along STH 282 to CSAH 9, Scott County; thence along CSAH 9 to Valley View Drive, Scott County; thence along Valley View Drive to 195th Street, Scott County; thence along 195th Street to the east boundary of the Minnesota Valley State Recreation Area; thence along the east and north boundary of said recreation area to the east bank of the Minnesota River; thence along the east bank of the Minnesota River to CSAH 45, Carver County; thence along CSAH 45 to CSAH 50, Carver County; thence along CSAH 50 to CSAH 43, Carver County; thence along CSAH 43 to CSAH 11, Carver County; thence along CSAH 11 to STH 5; thence along STH 5 to CSAH 30, Carver County; thence along CSAH 30 to CSAH 92, Hennepin County; thence along CSAH 92 to CSAH 6, Hennepin County; thence along CSAH 6 to CSAH 20, Carver County; thence along CSAH 20 to the east bank of the south fork of the Crow River; thence along the east bank of the south fork of the Crow River to STH 25; thence along STH 25 to STH 5; thence along STH 5 to U.S. Highway 212; thence along U.S. Highway 212 to STH 5; thence along STH 5 to CSAH 9, Sibley County; thence along CSAH 9 to CSAH 3, Nicollet County; thence along CSAH 3 to STH 22; thence along STH 22 to CSAH 1, Nicollet County; thence along CSAH 1 to STH 15; thence along STH 15 to STH 19; thence along STH 19 to STH 4; thence along STH 4 to CSAH 4, Renville County; thence along CSAH 4 to U.S. Highway 71; thence along U.S. Highway 71 to U.S. Highway 212; thence along U.S. Highway 212 to STH 23; thence along STH 23 to CSAH 4, Chippewa County; thence along CSAH 4 to STH 7; thence along STH 7 to STH 29; thence along STH 29 to STH 40; thence along STH 40 to STH 7; thence along STH 7 to CSAH 25, Big Stone County; thence along CSAH 25 to CSAH 10, Big Stone County; thence along CSAH 10 to CSAH 21, Big Stone County; thence along CSAH 21 to STH 28; thence along STH 28 to the western boundary of the state; thence along the western boundary of the state to the point of beginning.
Subp. 7. Permit area 506.
Permit area 506 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 28 and the western boundary of the state; thence along the western boundary of the state to U.S. Highway 10; thence along U.S. Highway 10 to STH 9; thence along STH 9 to Interstate Highway 94; thence along Interstate Highway 94 to STH 29; thence along STH 29 to STH 104; thence along STH 104 to U.S. Highway 12; thence along U.S. Highway 12 to the east bank of the south fork of the Crow River; thence along the east bank of the south fork of the Crow River to STH 25; thence along STH 25 to STH 5; thence along STH 5 to U.S. Highway 212; thence along U.S. Highway 212 to STH 5; thence along STH 5 to County State-Aid Highway (CSAH) 9, Sibley County; thence along CSAH 9 to CSAH 3, Nicollet County; thence along CSAH 3 to STH 22; thence along STH 22 to CSAH 1, Nicollet County; thence along CSAH 1 to STH 15; thence along STH 15 to STH 19; thence along STH 19 to STH 4; thence along STH 4 to CSAH 4, Renville County; thence along CSAH 4 to U.S. Highway 71; thence along U.S. Highway 71 to U.S. Highway 212; thence along U.S. Highway 212 to STH 23; thence along STH 23 to CSAH 4, Chippewa County; thence along CSAH 4 to STH 7; thence along STH 7 to STH 29; thence along STH 29 to STH 40; thence along STH 40 to STH 7; thence along STH 7 to CSAH 25, Big Stone County; thence along CSAH 25 to CSAH 10, Big Stone County; thence along CSAH 10 to CSAH 21, Big Stone County; thence along CSAH 21 to STH 28; thence along STH 28 to the western boundary of the state; thence along the western boundary of the state to the point of beginning.
Subp. 8. Permit area 507.
Permit area 507 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of County State-Aid Highway (CSAH) 17, Clearwater County and U.S. Highway 2; thence along U.S. Highway 2 to State Trunk Highway (STH) 92; thence along STH 92 to CSAH 27, Clearwater County; thence along CSAH 27 to the Mahnomen County line; thence along the Mahnomen County line to CSAH 3, Mahnomen County; thence along CSAH 3 to STH 113; thence along STH 113 to CSAH 13, Mahnomen County; thence along CSAH 13 to CSAH 21, Becker County; thence along CSAH 21 to CSAH 132, Becker County; thence along CSAH 132 to CSAH 26, Becker County; thence along CSAH 26 to U.S. Highway 59; thence along U.S. Highway 59 to U.S. Highway 10; thence along U.S. Highway 10 to STH 9; thence along STH 9 to Interstate Highway 94; thence along Interstate Highway 94 to STH 29; thence along STH 29 to STH 104; thence along STH 104 to U.S. Highway 12; thence along U.S. Highway 12 to the south fork of the Crow River; thence along the Crow River to its confluence with the Mississippi River; thence along the Mississippi River to U.S. Highway 169; thence along U.S. Highway 169 to STH 95; thence along STH 95 to STH 23; thence along STH 23 to the Mississippi River; thence along the east bank of the Mississippi River to the confluence with the Crow Wing River; thence along the north bank of the Crow Wing River to CSAH 36, Cass County; thence westerly and northerly along CSAH 36 to STH 210; thence along STH 210 to CSAH 18, Cass County; thence along CSAH 18 to CSAH 77, Cass County; thence along CSAH 77 to CSAH 15, Cass County; thence along CSAH 15 to County Road (CR) 107, Cass County; thence along CR 107 to the city limits of Lake Shore, Cass County; thence along the south, west, and north boundaries of the city limits of Lake Shore to CSAH 29, Cass County; thence along CSAH 29 to STH 371; thence along STH 371 to STH 200; thence along STH 200 to STH 371; thence along STH 371 to U.S. Highway 2; thence along U.S. Highway 2 to the point of beginning.
Subp. 9. Permit area 508.
Permit area 508 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 2 and State Trunk Highway (STH) 371; thence along U.S. Highway 2 to STH 6; thence along STH 6 to STH 200; thence along STH 200 to U.S. Highway 2; thence along U.S. Highway 2 to the eastern boundary of the state; thence along the eastern boundary of the state to STH 95; thence along STH 95 to STH 23; thence along STH 23 to the Mississippi River; thence along the east bank of the Mississippi River to the confluence with the Crow Wing River; thence along the north bank of the Crow Wing River to County State-Aid Highway (CSAH) 36, Cass County; thence westerly and northerly along CSAH 36 to STH 210; thence along STH 210 to CSAH 18, Cass County; thence along CSAH 18 to CSAH 77, Cass County; thence along CSAH 77 to CSAH 15, Cass County; thence along CSAH 15 to County Road (CR) 107, Cass County; thence along CR 107 to the city limits of Lake Shore, Cass County; thence along the south, west, and north boundaries of the city limits of Lake Shore to CSAH 29, Cass County; thence along CSAH 29 to STH 371; thence along STH 371 to STH 200; thence along STH 200 to STH 371; thence along STH 371 to the point of beginning.
Subp. 10. Permit area 509.
Permit area 509 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 10 and the western boundary of the state; thence along the western boundary of the state to the northern boundary of the state; thence along the northern boundary of the state to State Trunk Highway (STH) 310; thence along STH 310 to STH 89; thence along STH 89 to County State-Aid Highway (CSAH) 54, Marshall County; thence along CSAH 54 to a point due west of the northwestern corner of the Red Lake Indian Reservation; thence east to said corner; thence along the west boundary of the Red Lake Indian Reservation to the west shore of the Sandy River, Clearwater County; thence along the west shore of the Sandy River to Township Road (TR) 279th Avenue or Bailey's Road; thence along TR 279th Avenue or Bailey's Road south to TR Clover Road; thence along TR Clover Road to CSAH 11, Clearwater County; thence along CSAH 11 to CSAH 4, Clearwater County; thence along CSAH 4 to CSAH 14, Clearwater County; thence along CSAH 14 to CSAH 3, Clearwater County; thence along CSAH 3 to CSAH 17, Clearwater County; thence along CSAH 17 to U.S. Highway 2; thence along U.S. Highway 2 to STH 92; thence along STH 92 to CSAH 27, Clearwater County; thence along CSAH 27 to the Mahnomen County line; thence along the Mahnomen County line to CSAH 3, Mahnomen County; thence along CSAH 3 to STH 113; thence along STH 113 to CSAH 13, Mahnomen County; thence along CSAH 13 to CSAH 21, Becker County; thence along CSAH 21 to CSAH 132, Becker County; thence along CSAH 132 to CSAH 26, Becker County; thence along CSAH 26 to U.S. Highway 59; thence along U.S. Highway 59 to U.S. Highway 10; thence along U.S. Highway 10 to the point of beginning.
Subp. 11. Permit area 510.
Permit area 510 consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of U.S. Highway 10 and the eastern boundary of the state; thence along U.S. Highway 10 to U.S. Highway 61; thence along U.S. Highway 61 to County State-Aid Highway (CSAH) 47, Dakota County; thence along CSAH 47 to CSAH 46, Dakota County; thence along CSAH 46 to U.S. Highway 52; thence along U.S. Highway 52 to CSAH 66, Dakota County; thence along CSAH 66 to State Trunk Highway (STH) 3; thence along STH 3 to STH 50; thence along STH 50 to CSAH 23, Dakota County; thence along CSAH 23 to CSAH 70, Scott County; thence along CSAH 70 to CSAH 8, Scott County; thence along CSAH 8 to STH 13, Scott County; thence along STH 13 to STH 282; thence along STH 282 to CSAH 9, Scott County; thence along CSAH 9 to Valley View Drive, Scott County; thence along Valley View Drive to 195th Street, Scott County; thence along 195th Street to the east boundary of the Minnesota Valley State Recreation Area; thence along the east and north boundary of said recreation area to the east bank of the Minnesota River; thence along the east bank of the Minnesota River to CSAH 45, Carver County; thence along CSAH 45 to CSAH 50, Carver County; thence along CSAH 50 to CSAH 43, Carver County; thence along CSAH 43 to CSAH 11, Carver County; thence along CSAH 11 to STH 5; thence along STH 5 to CSAH 30, Carver County; thence along CSAH 30 to CSAH 92, Hennepin County; thence along CSAH 92 to CSAH 6, Hennepin County; thence along CSAH 6 to CSAH 20, Carver County; thence along CSAH 20 to the east bank of the south fork of the Crow River; thence along the east bank of the south fork of the Crow River to its confluence with the Mississippi River; thence along the Mississippi River to U.S. Highway 169; thence along U.S. Highway 169 to STH 95; thence along STH 95 to the eastern boundary of the state; thence along the eastern boundary of the state to the point of beginning.
Subp. 12. Permit area 511.
Permit area 511 is that portion of the state posted as the Carlos Avery Wildlife Management Area in Anoka and Chisago Counties.
Subp. 13. Permit area 512.
Permit area 512 is that portion of the state posted as the Mille Lacs Wildlife Management Area in Mille Lacs and Kanabec Counties.
History
- Statutory Authority: MS s 97B.605; 97B.711
- History: 20 SR 2287; 24 SR 644; 30 SR 613; 33 SR 215; 39 SR 1006
Minn. R. 6236.0900 Special Provisions for Taking Turkeys
Subpart 1. Using dogs.
A person may not be accompanied by a dog or dogs while taking turkeys.
Subp. 2. Electronic devices.
Turkeys may not be taken with the aid of any electronic device, except that a hearing aid or other device designed to enhance hearing may be used and except that electronic sights that self-illuminate but that do not cast rays of light may be used.
Subp. 3. Live decoys.
The use of live decoys is prohibited while taking turkeys.
Subp. 4. Game refuges open to taking turkeys.
The Lost Lake Refuge in Fillmore County, the Whitewater State Game Refuge in Winona County, the Albert Lea and Moscow State Game Refuges in Freeborn County, the Linn Lake State Game Refuge in Chisago County, the Rochester State Game Refuge in Olmsted County, the Stearns County State Game Refuge in Stearns County, the Claremont State Game Refuge in Dodge County, the Nerstrand State Game Refuge in Dodge County, and the St. Croix River and Stillwater Game Refuges in Washington County are open for the taking of turkeys during open wild turkey seasons in the zones in which they are located.
Subp. 5. Wildlife management areas open to taking turkeys.
Those portions of the Carlos Avery Wildlife Management Area posted with "Wildlife Sanctuary Do Not Trespass" signs that lie within an open turkey zone are open for the taking of turkeys during the spring turkey season.
Subp. 6. Hunting with aid of bait or feed prohibited.
A. A person may not hunt turkey:
B. An area is considered baited for ten days after the complete removal of all bait or feed.
C. For purposes of this subpart, "bait or feed" includes grains, fruits, vegetables, nuts, or other food that is capable of attracting or enticing turkey and that has been placed by a person. Food that has not been placed by a person and resulting from normal or accepted farming, forest management, wildlife food plantings, orchard management, or other similar land management activities is not bait or feed.
D. A person otherwise in compliance with this subpart who is hunting on private or public property that is adjacent to property where bait or feed is present is not in violation of this subpart if the person has not participated in, been involved with, or agreed to baiting or feeding wildlife on the adjacent property.
History
- Statutory Authority: MS s 97A.091; 97B.711; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 24 SR 644; 30 SR 613; 34 SR 621
Minn. R. 6236.0950 Validating Turkeys
Immediately after taking a turkey, the hunter must validate the license. The license may be electronic or on paper and must remain with the turkey during transit. Validation consists of indicating electronically or on a paper license:
A. the month the turkey was taken;
B. the date the turkey was taken; and
C. the time of day the turkey was taken.
History
- Statutory Authority: MS s 84.027; 97A.485; 97B.721; and others at 19 SR 6
- History: 19 SR 484; 49 SR 1416
Minn. R. 6236.1000 Turkey Registration
A person taking a turkey must register the turkey at a designated registration station within the time specified for that season. The feathers, head, and feet must remain on the turkey until it is registered. An unregistered turkey may not be possessed outside the wild turkey permit area where taken unless it is being transported in a direct route to a registration station. Registration stations will be listed in materials provided to all licensees.
History
- Statutory Authority: MS s 97B.721; and others at 19 SR 6
- History: 19 SR 484; 20 SR 2287
Minn. R. 6236.1070 Youth Wild Turkey Special Hunts
Subpart 1. Requirements.
Persons participating in youth wild turkey hunts must be at least 12 years of age and under 18 years of age by the beginning hunt date. A valid wild turkey license and firearms safety certificate must be obtained prior to being issued a permit. All participants must be accompanied by a parent or legal guardian who is at least 18 years of age. The accompanying parent or guardian may not hunt, but may assist during the hunt. All participants and their accompanying parent or guardian must attend a prehunt orientation offered by the hunt sponsors. Participating youth hunters must be sponsored and selected by a sponsoring nonprofit or selected by lottery.
Subp. 2. Open areas.
Youth hunt permittees may hunt in open areas and special seasons as designated by the commissioner.
History
- Statutory Authority: MS s 97B.112; 97B.711
- History: 30 SR 613
Minn. R. 6236.1100 [Repealed, L 2005 c 146 s 52]
[Repealed, L 2005 c 146 s 52]
Minn. R. 6236.1300 [Repealed, L 2005 c 146 s 52]
[Repealed, L 2005 c 146 s 52]
Chapter 6237 PRAIRIE CHICKENS
Minn. R. 6237.0100 Prairie Chicken License Eligibility
To be eligible for a prairie chicken license, a person must not have any small game hunting privileges revoked.
History
- Statutory Authority: MS s 97A.434; 97B.711
- History: 30 SR 613
Minn. R. 6237.0200 Prairie Chicken Hunt Drawing
Subpart 1. License application drawings.
Applications for all hunts must be made according to this part and according to application instructions provided by the commissioner. Each person must apply through the electronic licensing system, a contracted license agent, or the Department of Natural Resources License Center. Drawings shall be conducted by the department to determine persons who are eligible to purchase licenses for the season. The drawings are subject to the quotas established by the commissioner. Preference in the respective drawings is given to applicants based upon the number of times they have correctly applied for a license for the hunt but have been unsuccessful. A person selected by the drawings is eligible to purchase a license to hunt prairie chicken. Upon issuance of a prairie chicken license, all accumulated preference for prairie chicken hunting is lost.
Subp. 2. Participation in application drawings.
A. Applicants must complete an application for the prairie chicken hunt. A person may not apply more than once as an individual or as a member of a group. Qualifying individuals may apply for the resident landowner-tenant prairie chicken drawing.
B. A resident applicant must provide the applicant's individual Minnesota driver's license number of 13 characters, a 13-character firearm safety number, or an official state identification number of 13 characters issued by the Department of Public Safety.
C. An applicant must choose one of the prairie chicken permit areas and one of the time periods.
D. Up to four persons desiring to hunt together as a group may apply as a group. Group applications shall either be all selected or none selected. Applications by a group must all be for the same prairie chicken permit area and time period. The preference rating of applicants who apply as a group shall be based on the individual in the group with the lowest preference. Group applications must be made up of either all general or all landowner-tenant applications.
E. A person who applies as a landowner or tenant but does not meet the definition as provided in this chapter is ineligible for that season's drawings.
F. The application deadline is the Friday nearest August 17.
Subp. 3. Landowner-tenant drawing.
A. For purposes of this chapter, "landowner or tenant" means a person who is an owner or tenant of at least 40 acres of prairie or grassland within the zone being applied for. A landowner-tenant license application drawing shall be held subject to the restrictions in items B to G.
B. An applicant must meet all eligibility requirements and must provide a complete and accurate description of the qualifying land.
C. An applicant must be a landowner or tenant or a member of the landowner's or tenant's immediate family. Family members include those related by blood, marriage, or adoption.
D. For each prairie chicken permit area and time period, no more than 20 percent of the successful participants shall be drawn from the special landowner-tenant applications.
E. An individual participant in the landowner-tenant drawing may submit only one application and only for the prairie chicken permit area in which the participant's qualifying property is located.
F. Landowners or tenants unsuccessful in the landowner-tenant drawing shall be included in the general drawing.
G. Landowner-tenant licensees must allow public prairie chicken hunting on their land during that prairie chicken season and the commissioner shall provide descriptions of these lands to licensed prairie chicken hunters.
Subp. 4. Modifying quota numbers for group applications.
The quota of licenses or permits for a drawing may be increased to accommodate group members if the last applicant to be selected is a member of a group.
Subp. 5. Drawing application fee.
An applicant must pay a fee as prescribed by statute at time of application. Refunds of application fees shall not be made for any reason.
Subp. 6. Undersubscribed prairie chicken permit areas.
In permit areas with fewer applicants than available licenses, the remaining available licenses may be first offered to unsuccessful applicants for other permit areas on a first-come, first-served basis. An eligible person must apply individually to obtain a remaining available license through the electronic licensing system, a contracted license agent, or the Department of Natural Resources License Center. Any remaining available licenses not purchased by unsuccessful applicants may then be issued as prescribed by the commissioner to any eligible person on a first-come, first-served basis. Individuals who purchase these remaining available licenses retain their accumulated preference.
History
- Statutory Authority: MS s 84.027; 97A.434; 97A.485; 97B.711; 97B.716
- History: 30 SR 613; 39 SR 1006; 49 SR 1416
Minn. R. 6237.0300 Obtaining License
Subpart 1. Notification.
Only successful applicants shall be notified.
Subp. 2. Obtaining licenses.
Successful applicants shall receive instructions from the commissioner on how to obtain their license through the electronic license system.
History
- Statutory Authority: MS s 97A.434; 97B.711; 97B.716
- History: 30 SR 613
Minn. R. 6237.0400 Taking Prairie Chickens
Subpart 1. Open season and methods.
Prairie chickens may be taken during the five-day period beginning on the Saturday nearest October 20.
Subp. 2. Arms restrictions.
Prairie chickens may be taken by shotgun or bow and arrow. A person may not take prairie chickens with a rifle or handgun.
Subp. 3. Bag limit.
A person may not take more than two prairie chickens per season or possess more than two prairie chickens.
Subp. 4. Open areas.
Prairie chicken permit areas are open for the prairie chicken season as prescribed by the commissioner. Prairie chicken licenses are valid only in the prairie chicken permit area specified on the license.
Subp. 5. Game refuges open to taking prairie chickens.
The Clay County Game Refuge in Clay County is open for the taking of prairie chickens during open prairie chicken seasons in the zone in which it is located.
History
- Statutory Authority: MS s 97B.711
- History: 30 SR 613
Minn. R. 6237.0500 [Repealed, 33 SR 1967]
[Repealed, 33 SR 1967]
Minn. R. 6237.0550 Prairie Chicken Permit Area Description
Subpart 1. Area 801A.
Prairie chicken permit area 801A consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 1 and STH 32; thence along STH 32 to Pennington County State-Aid Highway (CSAH) 3 to Polk CSAH 21; thence along Polk CSAH 21 to United States Highway (U.S.) 75; thence along U.S. 75 to STH 1; thence along STH 1 to the point of beginning.
Subp. 2. Area 802A.
Prairie chicken permit area 802A consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of Pennington County State-Aid Highway (CSAH) 3 and State Trunk Highway (STH) 32; thence along STH 32 to United States Highway (U.S.) 2; thence along U.S. 2 to U.S. 75; thence along U.S. 75 to Polk CSAH 21; thence along Polk CSAH 21 to Pennington CSAH 3; thence along Pennington CSAH 3 to the point of beginning.
Subp. 3. Area 803A.
Prairie chicken permit area 803A consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of United States Highway (U.S.) 59 and State Trunk Highway (STH) 32; thence along U.S. 59 to U.S. 2; thence along U.S. 2 to STH 32; thence along STH 32 to the point of beginning.
Subp. 4. Area 804A.
Prairie chicken permit area 804A consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of United States Highway (U.S.) 2 and U.S. 59; thence along U.S. 59 to Polk County State-Aid Highway (CSAH) 1; thence along Polk CSAH 1 to State Trunk Highway (STH) 32; thence along STH 32 to U.S. 2; thence along U.S. 2 to the point of beginning.
Subp. 5. Area 805A.
Prairie chicken permit area 805A consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of United States Highway (U.S.) 2 and State Trunk Highway (STH) 9; thence along U.S. 2 to STH 32; thence along STH 32 to STH 102; thence along STH 102 to STH 9; thence along STH 9 to the point of beginning.
Subp. 6. Area 806A.
Prairie chicken permit area 806A consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 9 and STH 102; thence along STH 102 to STH 32; thence along STH 32 to STH 200; thence along STH 200 to STH 9; thence along STH 9 to the point of beginning.
Subp. 7. Area 807A.
Prairie chicken permit area 807A consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 9 and STH 200; thence along STH 200 to STH 32; thence along STH 32 to County State-Aid Highway (CSAH) 34, Clay County; thence along CSAH 34 to STH 9; thence along STH 9 to the point of beginning.
Subp. 8. Area 808A.
Prairie chicken permit area 808A consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of State Trunk Highway (STH) 9 and County State-Aid Highway (CSAH) 34, Clay County; thence along CSAH 34 to STH 32; thence along STH 32 to United States Highway (U.S.) 10; thence along U.S. 10 to STH 9; thence along STH 9 to the point of beginning.
Subp. 9. Area 809A.
Prairie chicken permit area 809A consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of Clay County State-Aid Highway (CSAH) 11 and United States Highway (U.S.) 10; thence along U.S. 10 to State Trunk Highway (STH) 32; thence along STH 32 to STH 34; thence along STH 34 to Clay CSAH 2; thence along Clay CSAH 2 to Clay CSAH 11; thence along Clay CSAH 11 to the point of beginning.
Subp. 10. Area 810A.
Prairie chicken permit area 810A consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of Clay County State-Aid Highway (CSAH) 2 and Interstate Highway 94 (I-94); thence along I-94 to Otter Tail CSAH 24; thence along Otter Tail CSAH 24 to Wilkin CSAH 26; thence along Wilkin CSAH 26 to Wilkin CSAH 3; thence along Wilkin CSAH 3 to the point of beginning.
Subp. 11. Area 811A.
Prairie chicken permit area 811A consists of that portion of the state lying within the following described boundary:
Beginning at the intersection of Otter Tail County State-Aid Highway (CSAH) 24 and Interstate Highway 94 (I-94); thence along I-94 to State Trunk Highway (STH) 210; thence along STH 210 to United States Highway (U.S.) 75; thence along U.S. 75 to Wilkin CSAH 3; thence along Wilkin CSAH 3 to Wilkin CSAH 26; thence along Wilkin CSAH 26 to Otter Tail CSAH 24; thence along Otter Tail CSAH 24 to the point of beginning.
History
- Statutory Authority: MS s 97B.711
- History: 33 SR 215
Minn. R. 6237.0600 [Repealed, 34 SR 621]
[Repealed, 34 SR 621]
Minn. R. 6237.0700 [Repealed, 34 SR 621]
[Repealed, 34 SR 621]
Chapter 6238 FALCONRY
Minn. R. 6238.0100 Repealed by subpart
Subpart 1.
[Repealed, 38 SR 299]
Subp. 2.
[Repealed, 38 SR 299]
Subp. 3.
[Repealed, 38 SR 299]
Subp. 4.
[Repealed, 38 SR 299]
Subp. 4a.
[Repealed, 38 SR 299]
Subp. 5.
[Repealed, 38 SR 299]
Subp. 6.
[Repealed, 32 SR 724]
Subp. 6a.
[Repealed, 38 SR 299]
Subp. 7.
[Repealed, 38 SR 299]
Subp. 7a.
[Repealed, 38 SR 299]
Subp. 8.
[Repealed, 38 SR 299]
Minn. R. 6238.0200 Repealed by subpart
Subpart 1.
[Repealed, 38 SR 299]
Subp. 1a.
[Repealed, 38 SR 299]
Subp. 1b.
[Repealed, 38 SR 299]
Subp. 2.
[Repealed, 38 SR 299]
Subp. 3.
[Repealed, 38 SR 299]
Subp. 4.
[Repealed, 38 SR 299]
Subp. 4a.
[Repealed, 38 SR 299]
Subp. 5.
[Repealed, 38 SR 299]
Subp. 6.
[Repealed, 38 SR 299]
Subp. 7.
[Repealed, 38 SR 299]
Subp. 8.
[Repealed, 32 SR 724]
Minn. R. 6238.0300 [Repealed, 38 SR 299]
[Repealed, 38 SR 299]
Minn. R. 6238.0400 [Repealed, 38 SR 299]
[Repealed, 38 SR 299]
Minn. R. 6238.0500 [Repealed, 38 SR 299]
[Repealed, 38 SR 299]
Minn. R. 6238.0600 [Repealed, 38 SR 299]
[Repealed, 38 SR 299]
Minn. R. 6238.0700 [Repealed, 38 SR 299]
[Repealed, 38 SR 299]
Minn. R. 6238.0800 [Repealed, 38 SR 299]
[Repealed, 38 SR 299]
Minn. R. 6238.0900 [Repealed, 38 SR 299]
[Repealed, 38 SR 299]
Minn. R. 6238.1000 [Repealed, 38 SR 299]
[Repealed, 38 SR 299]
Minn. R. 6238.1100 [Repealed, 38 SR 299]
[Repealed, 38 SR 299]
Minn. R. 6238.1200 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 2. Abatement.
"Abatement" means using raptors to remove animals from undesirable locations through disturbance or capture.
Subp. 3. Abatement permit.
"Abatement permit" means a permit issued under part 6238.1250, subpart 6, for residents to conduct abatement activities using raptors.
Subp. 4. Bred in captivity or captive-bred.
"Bred in captivity" or "captive-bred" means raptors, including eggs, hatched or produced in captivity from parents that mated or otherwise transferred gametes in captivity or were artificially inseminated.
Subp. 5. Commissioner.
"Commissioner" means the commissioner of natural resources.
Subp. 6. Eyases.
"Eyases" means young raptors not yet capable of sustained flight.
Subp. 7. Falconry or practice of falconry.
"Falconry" or "practice of falconry" means training raptors for pursuit of wild game and hunting wild game with raptors. Falconry includes taking raptors from the wild to use in the sport and caring for, training, and transporting raptors held for falconry.
Subp. 8. Falconry permit.
"Falconry permit" means a permit issued under part 6238.1250, subpart 2, for residents and, under part 6238.1250, subpart 3, for nonresidents who practice falconry in Minnesota for more than 120 days within a given year to take, possess, transport, transfer, use, sell, purchase, or barter raptors or offer to sell, purchase, or barter raptors.
Subp. 9. Federal regulations.
"Federal regulations" means Code of Federal Regulations, title 50, sections 21.29 and 21.30.
Subp. 10. Hacking.
"Hacking" means the temporary release of a falconry raptor or a raptor produced under a propagation permit to the wild so that it must survive on its own.
Subp. 11. Hybrid.
"Hybrid" means offspring of birds listed as two or more distinct species or subspecies.
Subp. 12. Imprinted raptor.
"Imprinted raptor" means a raptor that is hand-raised from two weeks of age until it has fledged and that has identified itself with humans rather than its own species. An imprinted raptor is considered to be so for its entire lifetime.
Subp. 13. Nonresident take permit.
"Nonresident take permit" means a permit issued under part 6238.1250, subpart 4, for residents of the United States who are not Minnesota residents to take and possess wild Minnesota raptors while in Minnesota and to transport or receive wild Minnesota raptors directly from the state of Minnesota.
Subp. 14. Passage raptor.
"Passage raptor" means a fledged juvenile raptor less than one year old that is capable of flight.
Subp. 15. Propagation permit.
"Propagation permit" means a permit issued under part 6238.1250, subpart 5, for residents to breed and raise raptors; capture raptors from the wild; and possess, transport, import, purchase, barter, or offer to sell, purchase, or barter any raptor, raptor egg, or raptor semen for propagation purposes.
Subp. 16. Raptor.
"Raptor" means a bird of the family Falconidae, the great horned owl (Bubo virginianus), or a bird of the family Accipitridae, other than the bald eagle (Haliaeetus leucocephalus).
Subp. 17. Raptors not native to Minnesota.
"Raptors not native to Minnesota" means any raptor species that does not naturally spend some portion of its life cycle, including migration, breeding, or wintering, in Minnesota.
Subp. 18. Season.
"Season" in falconry means from May 1 to April 30 of the next year.
Subp. 19. Season of experience.
"Season of experience" means the experience gained by a falconer who has one or more raptors in the falconer's possession for a minimum of six calendar months within a season. Half months are counted from the first day of the month to the 15th day of the month or from the 16th day of the month to the last day of the month. Periods less than half months are not included in the total.
Subp. 20. Take.
"Take" means to trap, capture, or attempt to trap or capture wild raptors, raptor eggs, or raptor semen for falconry or propagation purposes.
Subp. 21. Wild Minnesota raptor.
"Wild Minnesota raptor" means a wild raptor that was removed from the wild within the state of Minnesota.
Subp. 22. Wild raptor.
"Wild raptor" means a raptor or raptor egg removed from the wild for falconry or propagation. A wild raptor remains a wild raptor regardless of how long the bird is held in captivity or whether the bird is transferred to another permittee or permit type; however, the wild raptor is considered to be taken from the wild only by the person who originally captured the raptor. The wild raptor is not considered to be taken from the wild by any subsequent permittee to whom the raptor is legally transferred.
History
- Statutory Authority: MS s 97A.401; 97A.418; 97B.105
- History: 38 SR 299
Minn. R. 6238.1250 Permit Requirements
Subpart 1. State and federal regulations.
All persons conducting activities under subparts 2 to 6 must comply with all applicable provisions of this chapter and federal regulations. Permits issued under this part shall include:
A. conditions that specify measures to prevent adverse impacts to wild populations;
B. restrictions for compliance with other game and fish laws; and
C. other restrictions for public health and safety and for the welfare of raptors described in this chapter.
Subp. 2. Resident falconry permit requirements.
All Minnesota residents who practice falconry within the state must obtain a Minnesota falconry permit from the commissioner. A person must not take, possess, transport, transfer, use, sell, purchase, or barter raptors or offer to sell, purchase, or barter raptors or their eggs without a falconry permit issued under this subpart, except as provided under subparts 3 to 5 and Minnesota Statutes, section 97A.401.
Subp. 3. Nonresident falconry permit requirements.
A. This subpart applies to a resident of the United States who is not a Minnesota resident and who has in possession a valid permit or other written documentation that authorizes the person to practice falconry in the state, tribe, or territory of the person's residence.
B. A nonresident described under item A who moves to Minnesota or who practices falconry in Minnesota for 120 days or more within a given year must obtain a Minnesota falconry permit. The nonresident must submit a copy of the permit or documentation that authorizes the person to practice falconry in the state, tribe, or territory of the person's residence and apply for a Minnesota falconry permit under part 6238.1300, except that the nonresident need only comply with part 6238.1300, subpart 1, items C and D. If approved, the Minnesota permit shall be for the same or an equivalent permit class listed on the falconry permit of the state, tribe, or territory of the person's residence.
C. A nonresident described under item A may transport, possess, and use raptors for falconry purposes without obtaining a Minnesota falconry permit, provided such activities do not exceed 120 days within a given year.
D. While in this state, nonresidents conducting activities under this subpart must comply with all applicable provisions of this chapter.
E. A nonresident described under item A may acquire, transfer, and sell propagated raptors or their eggs or transfer wild raptors that are not wild Minnesota raptors from or to a person with a falconry or propagation permit issued under this part.
F. For all raptors acquired under this subpart, a nonresident must submit the report required under part 6238.1650, subpart 1, to the commissioner, in addition to any required reporting to the person's state of residence.
Subp. 4. Nonresident take permit requirements.
A nonresident described in subpart 3, item A, must obtain a nonresident take permit, issued by the commissioner, to take and possess wild Minnesota raptors while in Minnesota and to transport or receive wild Minnesota raptors directly from the state of Minnesota, except that a nonresident described in subpart 3, item B, who has obtained a Minnesota falconry permit does not need a nonresident take permit unless the nonresident is removing a wild Minnesota raptor from the state of Minnesota. Nonresident take permits are valid for up to one year and do not need to be renewed to maintain possession of a wild Minnesota raptor previously transported outside of Minnesota under a valid nonresident take permit. The nonresident take permittee must submit a summary of the activities conducted under the permit to the commissioner by January 31 of the following year. Nonresident take permittees must follow all other applicable provisions under subpart 3.
Subp. 5. Propagation permit requirements.
A person must obtain a propagation permit, issued by the commissioner, to breed or raise raptors; capture raptors from the wild for propagation purposes; or possess, transport, import, purchase, barter, or offer to sell, purchase, or barter any raptor, raptor egg, or raptor semen for propagation purposes.
Subp. 6. Abatement permit requirements.
A person must obtain an abatement permit, issued by the commissioner, to use raptors to remove animals from undesirable locations through disturbance or capture or to remove animals under a state or federal depredation permit through disturbance or capture. Other permits or licenses may be required under game and fish laws for the capture or taking of animals. An abatement permit may contain specifications on raptors authorized for use in abatement activities; qualifications, requirements, and restrictions for subpermittees; requirements on raptor transfers between abatement permittees and their subpermittees; and other requirements necessary to administer abatement permits, the raptors used for abatement, and abatement jobs performed. Minnesota falconers do not need an abatement permit to disturb or capture game species during the game season, provided no payment is received for the activity and they have the appropriate game permit, license, or stamp for the game to be taken or disturbed.
History
- Statutory Authority: MS s 97A.401; 97A.418; 97B.105
- History: 38 SR 299
Minn. R. 6238.1300 Permit Qualifications
Subpart 1. Permit application.
A form, provided by the commissioner, must be submitted to obtain the following permits and renewal of the following permits: falconry, nonresident take, propagation, abatement, and eagle. The commissioner shall specify the information or supporting documentation required on the application, including information or documentation required by federal regulations. In addition to other requested documentation, the documentation under items A to D must be submitted for falconry permits and the documentation under items C and D must be submitted for propagation and abatement permits:
A. documentation of a passing score of at least 80 percent on a supervised examination provided by the commissioner. A person who fails to score at least 80 percent on the examination must wait a minimum of two weeks before retaking the examination;
B. a sponsorship acceptance letter from a sponsor for an individual who is applying for a falconry permit at the junior apprentice or apprentice level, who is a new resident of the United States, or who has had a falconry permit revoked and is eligible for reinstatement;
C. documentation of inspection and approval of the applicant's raptor equipment and housing facilities, including indoor mews and outdoor weathering area, by an agent of the commissioner to ensure compliance with standards under federal regulations. This item also applies to permit renewal and upgrade. Other documentation, such as photographs and schematics, must be submitted when multiple raptors will be housed in the permittee's facilities; and
D. a form provided by the commissioner and signed by the applicant stating that the falconer or propagator has read and understands all applicable state and federal regulations; will maintain the facilities and equipment according to federal regulations for the duration of the permit; and will allow inspection of the facilities, equipment, raptors, and supporting documentation according to federal regulations.
Subp. 2. Propagation permits.
To obtain a propagation permit, in addition to the requirements in subpart 1, a person must:
A. be the holder of a valid master falconry permit in good standing under part 6238.1350, item D; or
B. demonstrate through written or other documentation at least two years' experience propagating raptors and:
Subp. 3. Eagle permits.
A master falconer in good standing may apply to possess up to three eagles, which count as part of the falconer's raptor possession limit. To obtain an eagle permit, falconers must submit the supporting documentation required by federal regulations. Falconers may not possess bald eagles under a permit issued under this subpart.
Subp. 4. Abatement permits.
To obtain an abatement permit, a person must be the holder of a valid master falconry permit in good standing under part 6238.1350, item D, in addition to the requirements in subpart 1. Holders of a valid master falconry permit in good standing under part 6238.1350, item D, or a valid general falconry permit in good standing under part 6238.1350, item C, may conduct abatement activities as subpermittees of a holder of an abatement permit.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 38 SR 299
Minn. R. 6238.1350 Permit Classes; Requirements
Specifications for permit classes are contained in items A to F. Permittees under all permit classes are only allowed to take or possess raptors defined under part 6238.1200, subpart 16, unless further restricted in this part and in federal regulations.
A. A junior apprentice falconry permittee:
B. An apprentice falconry permittee:
C. A general falconry permittee:
D. A master falconry permittee:
E. A propagation permittee:
F. An abatement permittee:
History
- Statutory Authority: MS s 97A.401; 97A.418; 97B.105
- History: 38 SR 299
Minn. R. 6238.1400 Restrictions on Taking Raptors
Subpart 1. Raptors taken in Minnesota.
A. A permittee taking raptors from the wild in this state must comply with this part and applicable federal regulations.
B. The commissioner may include conditions in a permit to prevent depletion of wild raptor populations. These conditions include:
C. A trap used to capture raptors must be attended at all times, except a trap that entirely encapsulates the raptor within a protective cage must be checked at least once every 24 hours.
D. If a raptor is injured while a permittee is attempting to take the raptor, the permittee must report the injury to the commissioner, whether the raptor is kept or given directly to a veterinarian, a permitted wildlife rehabilitator, or an appropriate wildlife agency employee as provided under federal regulations.
E. Permits under this chapter do not authorize trespass. A permittee must not take raptors within state parks, state scientific and natural areas, state wildlife management areas, or state game refuges unless specifically authorized in a permit from the commissioner. A permittee must not take raptors from private property without permission from the property owner.
F. Taking a raptor from the wild, as well as any subsequent transfer of the wild raptor, must be reported according to federal regulations, with the reporting form submitted to the commissioner according to part 6238.1650, subpart 1, within ten days of the taking or transfer.
G. Wild raptors must not be purchased, sold, traded, or bartered, but may only be transferred or released. As provided under federal regulations, a raptor may be transferred to another permit type if the recipient of the raptor, which could be the possessor, has the necessary permit for the other activity. Both the transferor and transferee must report the transfer to the commissioner within ten days by submitting a reporting form under part 6238.1650, subpart 1, and each must also submit any documentation required under federal regulations, such as veterinarian or rehabilitator certification, at that time.
Subp. 2. Raptor take time periods.
A. Eyases may be taken from the wild from May 27 through July 31 only. A person must be a general or master falconer or have the equivalent classification in the person's state, tribe, or territory of residence to take eyases from the wild. A permittee must not take more than two eyases during a calendar year. At least one eyas must be left in a nest from which other eyases are taken.
B. Passage raptors may be taken from the wild from August 21 through February 28 only.
C. A permittee under this chapter must not take raptors over one year old from the wild, except for:
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 38 SR 299
Minn. R. 6238.1450 Restrictions on Importing Raptors Into Minnesota
Subpart 1. Importing hybrid raptors and raptors not native to Minnesota.
A permittee who plans to obtain a hybrid raptor or raptor not native to Minnesota from outside the state must notify the commissioner ten days before importing the raptor and must submit a reporting form under part 6238.1650, subpart 1, to the commissioner within ten days of obtaining the raptor. A permittee must obtain the required Board of Animal Health certification from a veterinarian and submit a copy to the commissioner before importation.
Subp. 2. Importing raptors native to Minnesota.
A permittee who obtains a raptor that is native to Minnesota while outside the state must submit a reporting form under part 6238.1650, subpart 1, to the commissioner within ten days of obtaining the raptor. A permittee must obtain the required Board of Animal Health certification from a veterinarian and submit a copy to the commissioner before importation.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 38 SR 299
Minn. R. 6238.1500 Flying and Intentional Release of Raptors
Subpart 1. Flying raptors.
Permits under this chapter do not authorize trespass. All applicable state and federal trespass regulations must be followed. Further restrictions on the practice of hunting by falconry are provided under part 6234.0800 and in federal regulations. All applicable state and federal game and fish laws, licenses, permits, and stamps apply for taking game.
Subp. 2. Flying hybrid raptors or raptors not native to Minnesota.
When flown free, a hybrid raptor or a raptor that is not native to Minnesota must have at least two functioning radio transmitters attached to assist in locating the raptor. A raptor listed as an unregulated species under part 6216.0270 is exempt from this subpart. A raptor designated as appropriate for introduction according to the process under part 6216.0290 for the review of proposed introductions of unlisted nonnative species is exempt from this subpart.
Subp. 3. Intentional release of raptors.
A person must not permanently release a hybrid raptor into the wild. A person must not permanently release a raptor that is not native to Minnesota into the wild. A person releasing a raptor into the wild:
A. must obtain permission from the commissioner to release a captive-bred raptor species that is native to Minnesota;
B. may hack the raptor and allow it to adjust to the wild, at an appropriate time of year and an appropriate location, according to federal regulations;
C. must make a reasonable determination that a raptor held in captivity for an extended period of time can capture and consume native prey prior to release into the wild;
D. must release the raptor only at an appropriate time of year and an appropriate location for the species to be released;
E. must remove falconry bands before release and surrender the bands to the commissioner, but propagation bands must be left in place; and
F. must report release of the raptor within ten days as provided under part 6238.1650, subpart 1.
History
- Statutory Authority: MS s 97A.401; 97B.105
- History: 38 SR 299
Minn. R. 6238.1550 Transporting, Relocating, and Holding Raptors
Subpart 1. State and federal regulations.
This part and applicable federal regulations apply when transporting, relocating, housing, and temporarily holding raptors in the state.
Subp. 2. Carrying permit when trapping, transporting, working with, or flying raptor.
A person trapping, transporting, working with, or flying raptors must have the person's permits, or legible copies of the permits, in the person's immediate possession when not at the location of the person's permitted raptor facilities.
Subp. 3. Permanent change of address.
A person with a falconry or propagation permit must report a permanent change in the location of permitted facilities to the commissioner within five days following the move. Until new facilities are inspected, the permittee must house raptors as described under subpart 7. Persons moving out of state must comply with required notifications under federal regulations.
Subp. 4. Multiple facilities; part-year residents.
If a permittee houses permitted raptors in a location other than the permittee's primary facilities for more than 120 consecutive days, the facilities at the other location must comply with federal regulations and be listed on the permit. A permittee who resides part of the year in another jurisdiction may be required to obtain a permit in the state, tribe, or territory where the permittee lives part time.
Subp. 5. Location of facilities.
Falconry facilities may be on property not owned by the permittee if the permittee's primary residence is also located at that property. The falconry facilities may be on property owned by the permittee that is not the permittee's primary residence if the facilities are 30 miles or less from the permittee's primary residence or if the facilities are over 30 miles from the permittee's primary residence and used for 120 days or less annually. Regardless of location, the raptors must be maintained in a humane and healthy manner, and the facilities must comply with federal regulations.
Subp. 6. Temporary care.
A permitted raptor, including a nestling, may be temporarily held by a person other than the permittee according to federal regulations. The permittee must inform the commissioner, in writing, within ten days of the transfer, specifying where the raptor is being held, the reason for the transfer, who is to care for the raptor, what that person is allowed to do with the raptor, and approximately how many days the raptor is expected to be in the care of the person. If the person caring for the raptor is a permitted falconer or propagator, the raptor must be reported as a loan or transfer with appropriate paperwork submitted within ten days as provided under part 6238.1650, subpart 1.
Subp. 7. Temporary facilities.
A raptor may be transported or held in temporary facilities for a period not to exceed 30 days, unless written authorization to extend the period is obtained from the commissioner. The temporary facilities must provide a suitable perch and protection from predators, domestic animals, extreme temperatures, wind, and excessive disturbance. If the temporary facilities are to be used more than 120 calendar days, the falconry permittee must follow federal regulations for falconry facilities, have the facilities inspected, and request an updated permit with the change of address or the addition of the secondary housing location.
History
- Statutory Authority: MS s 97A.401; 97A.418; 97B.105
- History: 38 SR 299
Minn. R. 6238.1600 Banding or Tagging of Raptors
A. All propagated and wild raptors for falconry or propagation purposes must be banded according to federal regulations, except that banding applies to all raptor species and hybrid raptors. In addition to bands, a permittee may use International Organization for Standardization (ISO)-compliant microchips (134.2 kHz), but microchips must not be used alone unless the permittee provides documentation of health issues or injury that prevents the use of the bands on the raptor according to federal regulations.
B. Captive-bred nestlings must be banded with a numbered, seamless metal United States Fish and Wildlife Service band provided by the United States Fish and Wildlife Service or by the commissioner. The band is generally referred to as a propagation band.
C. Propagated raptors that have been transferred to another permit type or permittee or that have lost their propagation band and wild raptors must be banded with a permanent, nonreusable, numbered plastic United States Fish and Wildlife Service leg band supplied by the commissioner. The band is generally referred to as a falconry band.
D. Eagles must be banded with an eagle band provided by the United States Fish and Wildlife Service or by the commissioner. The band is generally referred to as an eagle band.
History
- Statutory Authority: MS s 97A.401
- History: 38 SR 299
Minn. R. 6238.1650 Reporting Requirements
Subpart 1. Required federal reporting; permittee's duties.
A. A permittee must comply with reporting requirements under federal regulations and must submit a paper or digital copy of the federal reporting form to the commissioner within ten days of the date that:
B. Under item A, subitems (2) to (4), a permittee must verify that any person receiving a raptor from the permittee has obtained all required permits necessary to receive the raptor.
C. A permittee must keep copies of all submissions listed under item A for a minimum of five years from the submission date.
Subp. 2. Required possession reporting.
Annually or as requested according to federal regulations, holders of falconry and propagation permits must report to the commissioner:
A. for all raptors in possession at the time of the report, the species, band numbers, sex (if known), and age (if known); whether wild or propagated; the date acquired; and where and, if applicable, from whom acquired;
B. for all raptors possessed since the previously submitted report but no longer in possession at the time of the current report, the species, band numbers, sex (if known), and age (if known); the date acquired; where and, if applicable, from whom acquired; and the date of disposition listing to whom given or whether the raptor escaped, died, or was released; and
C. all unused bands in possession.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 38 SR 299
Minn. R. 6238.1700 Permit Duration, Renewal, and Termination
Subpart 1. Duration of permits; nontransferable.
Falconry, propagation, and abatement permits are valid for three years or until September 30 of the third year following issuance, whichever comes first. Nonresident take permits are valid for one year or until December 31, whichever comes first. Permits are not transferable.
Subp. 2. Permit renewal.
Falconry, abatement, and propagation permits are renewable. A request for renewal must be made at least 30 days before the permit expiration date.
Subp. 3. Transfer of raptors if permittee dies.
A surviving spouse, executor, administrator, or other legal representative of a deceased permittee may transfer or sell any propagated raptor or transfer any wild raptor held by the permittee to another permittee authorized to possess raptors within 90 days of the death of the permittee, provided the recipient is allowed to possess that species and the recipient's permit raptor quota is not exceeded. The commissioner shall make temporary exceptions in quota or species in order to place a raptor, if necessary. The transaction must be reported within ten days as provided under part 6238.1650, subpart 1. Wild Minnesota raptors must either be released according to part 6238.1500, subpart 3, or transferred to another falconer. After 90 days, disposition of a raptor held under the permit of a deceased person is at the discretion of the commissioner.
Subp. 4. Permit revocation.
A permittee violating this chapter is subject to permit revocation, and all raptors held are subject to seizure and confiscation in the manner provided by law. If a permit issued under this chapter is revoked, all other permits that the permittee holds under this chapter shall be revoked at that time. For any activities under this chapter that also require federal permits, if the permittee's federal permit is revoked, the associated state permit shall be revoked pending reinstatement of the federal permit. Permittees who have any incidence of raptor mortality or a high incidence of raptor loss are subject to additional review. Examples of review are additional inspections and required submission of veterinarian's or rehabilitator's notes or necropsies on the subject raptors. If evidence is provided to the commissioner that the permittee is neglecting the health, safety, or welfare of raptors in the permittee's possession, the permittee is subject to one or more of the following measures:
A. reduction in permit class;
B. required sponsorship; or
C. permit revocation.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 38 SR 299
Minn. R. 6238.1750 Disclaimer of Liability
A permit issued under this chapter is permissive only and no liability is incurred by the state or by any of its officers, agents, or employees by reason of issuing the permit or by reason of any acts or operations of the permittee or any wildlife. At all times, the state, its officers, agents, and employees are held harmless from any liability for damage or injury arising from issuing the permit.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 38 SR 299
Chapter 6240 MIGRATORY BIRDS
Minn. R. 6240.0100 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 1a. Early goose season.
"Early goose season" means goose seasons beginning before September 16.
Subp. 2. In the field.
"In the field" means at or between the place where taken and either:
A. the person's automobile or principal means of land transportation;
B. the person's abode or temporary or transient place of lodging;
C. a migratory bird preservation facility;
D. a post office; or
E. a common carrier facility.
Subp. 2a.
[Repealed, 36 SR 1155]
Subp. 3. Migratory game birds.
"Migratory game birds" means coots, gallinules, sora and Virginia rails, American woodcock, common snipe, and migratory waterfowl.
Subp. 4. Regular goose season.
"Regular goose season" means goose seasons beginning from September 16 to October 21.
History
- Statutory Authority: MS s 97B.731; 97B.803
- History: 18 SR 83; 24 SR 644; 36 SR 1155
Minn. R. 6240.0200 General Restrictions for Taking and Possession of Migratory Game Birds
Subpart 1. Shooting hours.
Shooting hours for migratory waterfowl, coots, gallinules, rails, and snipe are one-half hour before sunrise to sunset, except as follows:
A. on the opening day of the duck season, shooting hours begin at 9:00 a.m.; and
B. from the opening day of the duck season to the Saturday nearest October 8, shooting hours end at 4:00 p.m.
Subp. 2. Possession limits.
The possession limit is twice the daily limit, except for rails where the daily and possession limits are the same. All restrictions specific to a species or gender apply.
Subp. 3. Blinds on public lands and public waters.
An unoccupied blind on public land or in public waters is available for use by the public and is not the property of the person who constructed it. A person may not use threat or force against another person to gain possession of a blind.
Subp. 4. Use of motorized watercraft.
A person may use motorized watercraft in the waterfowl feeding and resting area established on South Heron Lake during the goose season established in part 6240.1200.
Subp. 5. Possession and transportation of migratory game birds.
A person may not possess or transport unlawfully taken migratory game birds.
Subp. 6. Opening day possession limit.
A person may not have in possession on the opening day of each of the established seasons any freshly killed migratory game birds in excess of the daily bag limit.
History
- Statutory Authority: MS s 97A.095; 97B.711; 97B.731; 97B.803; 97B.811; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 19 SR 2222; 30 SR 613; 35 SR 2014
Minn. R. 6240.0250 Taking Mourning Doves
Subpart 1. Open season.
Mourning doves may be taken during the 60-day period beginning September 1.
Subp. 2. Daily limit.
A person may not take more than 15 mourning doves per day during the open season.
History
- Statutory Authority: MS s 97B.731
- History: 35 SR 505
Minn. R. 6240.0300 Taking Woodcock
Subpart 1. Open season.
Woodcock may be taken during the 45-day period beginning the Saturday on or nearest September 22.
Subp. 2. Daily limit.
A person may not take more than three woodcock per day during the open season.
History
- Statutory Authority: MS s 97B.711; 97B.731
- History: 18 SR 83; 24 SR 644
Minn. R. 6240.0400 Taking Rails
Subpart 1. Open season.
Sora and Virginia rails may be taken from September 1 to the end of woodcock season as prescribed under part 6240.0300. King rails may not be taken or possessed.
Subp. 2. Daily and possession limit.
A person may not take more than 25 rails per day. The possession limit is as prescribed under federal regulations.
History
- Statutory Authority: MS s 97B.731
- History: 18 SR 83; 34 SR 621; 39 SR 1006
Minn. R. 6240.0500 Taking Common Snipe
Subpart 1. Open season.
Common snipe may be taken from September 1 to the end of woodcock season as prescribed under part 6240.0300.
Subp. 2. Daily limit.
A person may not take more than eight common snipe per day during the open season.
History
- Statutory Authority: MS s 97B.731
- History: 18 SR 83; 34 SR 621
Minn. R. 6240.0550 General Restrictions for Taking Migratory Waterfowl
A person may not take ducks, mergansers, geese, coots, or moorhens (gallinules) on any lands or waters within the state while possessing shotshells loaded with shot other than:
A. steel shot;
B. copper-plated, nickel-plated, or zinc-plated steel shot; or
C. shot made of other nontoxic material approved by the director of the United States Fish and Wildlife Service.
History
- Statutory Authority: MS s 97B.803
- History: 19 SR 2222
Minn. R. 6240.0610 Youth Waterfowl Hunting Day
Subpart 1. Dates, eligibility, and license requirements.
Ducks, mergansers, coots, moorhens, and Canada geese may be taken statewide on Youth Waterfowl Hunting Day by resident and nonresident hunters 15 years of age or younger. An adult resident or nonresident mentor 18 years of age or older, who is authorized by the youth's parent or guardian, must accompany the youth hunter at all times during the hunt. The accompanying adult may not hunt. No hunting license or waterfowl stamps are required.
Subp. 2. Shooting hours.
Shooting hours are one-half hour before sunrise to 4:00 p.m.
Subp. 3. Bag limits.
The daily bag limit for ducks, mergansers, coots, and moorhens is as allowed by federal rule. The daily bag limit for geese is five Canada geese.
History
- Statutory Authority: MS s 97B.112; 97B.711; 97B.803
- History: 30 SR 613; 34 SR 621; 35 SR 2014; 39 SR 1006
Minn. R. 6240.0620 Waterfowl Zones
Subpart 1. Designation.
Zones for ducks and geese are designated and described as provided in this part.
Subp. 2. North Waterfowl Zone.
The North Waterfowl Zone consists of that portion of the state lying north of a line beginning on Minnesota Highway 210 at the western boundary of the state; thence along Minnesota Highway 210 to Minnesota Highway 23; thence along Minnesota Highway 23 to Minnesota Highway 39; thence along Minnesota Highway 39 to the eastern border of the state.
Subp. 3. South Waterfowl Zone.
The South Waterfowl Zone consists of that portion of the state lying south of a line extending from the South Dakota state line along U.S. Highway 212 to Interstate Highway 494; thence along Interstate Highway 494 to Interstate Highway 94; thence along Interstate Highway 94 to the Wisconsin state line.
Subp. 4. Central Waterfowl Zone.
The Central Waterfowl Zone consists of that portion of the state that is not included in the North or South Waterfowl Zone.
History
- Statutory Authority: MS s 97B.731; 97B.605
- History: 39 SR 1006
Minn. R. 6240.0700 [Repealed, 35 SR 2014]
[Repealed, 35 SR 2014]
Minn. R. 6240.0800 [Repealed, 22 SR 292]
[Repealed, 22 SR 292]
Minn. R. 6240.0850 [Repealed, 35 SR 2014]
[Repealed, 35 SR 2014]
Minn. R. 6240.0860 Goose Zones
Subpart 1. Northwest Goose Zone.
The Northwest Goose Zone is the area lying within the following boundary:
Beginning at U.S. Highway 2 on the North Dakota-Minnesota border; thence east on U.S. Highway 2 to State Trunk Highway (STH) 32; thence north on STH 32 to STH 92; thence east on STH 92 to County State-Aid Highway (CSAH) 2, Polk County; thence north on CSAH 2 to CSAH 27, Pennington County; thence north on CSAH 27 to STH 1; thence east on STH 1 to CSAH 28, Pennington County; thence north on CSAH 28 to CSAH 54, Marshall County; thence north on CSAH 54 to CSAH 9, Roseau County; thence north on CSAH 9 to STH 11; thence west on STH 11 to STH 310; thence north on STH 310 to the north border of Minnesota; thence west and south on the Minnesota border to the point of beginning.
Subp. 2. Swan Lake Goose Zone.
The Swan Lake Goose Zone is the area in Nicollet County within the following boundary:
Beginning at the junction of State Trunk Highway (STH) 14 and County State-Aid Highway (CSAH) 12; thence north along CSAH 12 to CSAH 5; thence east along CSAH 5 to CSAH 13; thence south along CSAH 13 to STH 99; thence west along STH 99 to CSAH 17; thence south along CSAH 17 to STH 14; thence northwest and west along STH 14 to CSAH 12 to the point of beginning.
Subp. 3. Rochester Goose Zone.
The Rochester Goose Zone is Registration Block 343, described in part 6232.4700, subpart 96.
History
- Statutory Authority: MS s 97B.711; 97B.803
- History: 19 SR 2222; 35 SR 2014
Minn. R. 6240.0900 [Repealed, 35 SR 2014]
[Repealed, 35 SR 2014]
Minn. R. 6240.1000 Repealed by subpart
Subpart 1.
[Repealed, 35 SR 2014]
Subp. 2.
[Repealed, 30 SR 613]
Minn. R. 6240.1100 [Repealed, 35 SR 2014]
[Repealed, 35 SR 2014]
Minn. R. 6240.1150 Taking Snow, Blue, Ross', and White-Fronted Geese and Brant
Subpart 1. Seasons.
Snow, blue, Ross', and white-fronted geese and brant may be taken only in areas of the state when and where the Canada goose season is open.
Subp. 2. Daily limit.
A person may not take more than 20 snow, blue, and Ross' geese in combination; one white-fronted goose; and one brant each day.
History
- Statutory Authority: MS s 97B.731; 97B.803
- History: 20 SR 2287; 30 SR 613; 36 SR 1155
Minn. R. 6240.1200 Taking Geese During Early Season
Subpart 1.
[Repealed, 36 SR 1155]
Subp. 2.
[Repealed, 36 SR 1155]
Subp. 3. Open season.
The open early season for taking Canada geese begins the first Saturday in September and ends on September 22, except:
A. the season begins on Sunday, September 1, in any year when the first Saturday falls on September 7; and
B. the season closes on the Friday before the duck season opens in years when the duck season opens on or before September 22.
Subp. 4. Daily limits.
A person may not take more than five Canada geese per day during the early season.
Subp. 5. Taking near water.
A. Taking Canada geese during the early season is prohibited on or within 100 yards of all surface waters:
B. Taking Canada geese on or within 100 yards of surface waters during the early Canada goose season is allowed for youth hunters participating in youth waterfowl hunting days and on specific bodies of water in closed zones as described or shown on maps provided by the commissioner.
History
- Statutory Authority: MS s 97A.091; 97B.803; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 22 SR 292; 30 SR 613; 35 SR 505; 36 SR 1155
Minn. R. 6240.1500 [Repealed, 35 SR 2014]
[Repealed, 35 SR 2014]
Minn. R. 6240.1600 [Repealed, 35 SR 2014]
[Repealed, 35 SR 2014]
Minn. R. 6240.1700 [Repealed, 35 SR 2014]
[Repealed, 35 SR 2014]
Minn. R. 6240.1750 [Repealed, 35 SR 2014]
[Repealed, 35 SR 2014]
Minn. R. 6240.1800 Early Goose Hunt License
Subpart 1. License required.
The early season described in part 6240.1200 is a special season for which a special season Canada goose license is required under Minnesota Statutes, section 97B.802.
Subp. 2.
[Repealed, 30 SR 613]
Subp. 3.
[Repealed, 30 SR 613]
History
- Statutory Authority: MS s 97A.401; 97B.711; 97B.803; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 22 SR 292; 30 SR 613; 35 SR 2014
Minn. R. 6240.1850 Refuges Open to Taking Geese
Subpart 1. Goose refuges.
The following refuges are open to goose hunting during the early and regular goose seasons: Douglas County Goose Refuge in Douglas County, the Otter Tail County Goose Refuge in Otter Tail County, and the Sauk Rapids-Rice Goose Refuge in Benton County. Taking waterfowl from public roads and their rights-of-way is prohibited.
Subp. 2. Game refuges.
A. The following refuges are open to goose hunting during the first two days of the regular goose season: Fox Lake Game Refuge in Martin County and the Saint James Game Refuge in Watonwan County.
B. The Fox Lake Game Refuge is open to goose hunting for the last seven days of the statewide goose season. There is no goose hunting within 100 yards of Fox and Temperence Lakes.
Subp. 3. Waterfowl refuges.
A. The following refuges are open to Canada goose hunting during the early goose season: Harstad Slough Waterfowl Refuge in Stevens County and the Rickert Lake Waterfowl Refuge in Steele County.
B. The Mud-Bardwell Waterfowl Refuge in Martin County is open to Canada goose hunting from the Saturday on or nearest November 1 to the end of the goose season. There is no goose hunting within 100 yards of Mud and Bardwell Lakes.
History
- Statutory Authority: MS s 97A.091; 97B.731; 97B.803; and others at 19 SR 6
- History: 19 SR 484; 20 SR 2287; 22 SR 292; 24 SR 644; 30 SR 613; 34 SR 621; 36 SR 1155
Minn. R. 6240.1900 [Repealed, 35 SR 2014]
[Repealed, 35 SR 2014]
Minn. R. 6240.1950 [Repealed, 35 SR 2014]
[Repealed, 35 SR 2014]
Minn. R. 6240.2000 Migratory Waterfowl Feeding and Resting Area Restrictions
Subpart 1. Entry restrictions.
A person may not enter a posted migratory waterfowl feeding and resting area during the open migratory waterfowl season with watercraft or aircraft propelled by a motor, except as provided in subparts 2 to 4.
Subp. 2. Department employees in performance of their duties.
The restriction in subpart 1 does not apply to uniformed employees of the department and other agents of the commissioner while in the performance of their official department duties.
Subp. 3. Disabled persons.
A disabled person, under permit from the commissioner, may use an electric motor with battery power of 12 volts or less. A permit is not required for the lakes listed in subpart 4.
Subp. 4. Use of electric motors.
On the lakes listed in items A to J, a person may use an electric motor with battery power of 12 volts or less within the designated migratory waterfowl feeding and resting area during the open waterfowl season:
A. Beltrami County: Puposky Lake, Little Puposky Lake;
B. Carver County: Tiger Lake;
C. Faribault and Blue Earth Counties: Minnesota Lake;
D. Freeborn County: Bear Lake, Upper Twin Lake;
E. Jackson County: South Heron Lake, North Heron Lake;
F. Kandiyohi County: Wagonga Lake, Lake Lillian;
G. McLeod County: Bakers Lake, Unnamed Lake, in T. 114 N., R. 29W, S. 28;
H. Polk County: Turtle Lake;
I. Pope County: Nelson Lake; and
J. Traverse County: Mud Lake.
History
- Statutory Authority: MS s 97A.045; 97A.095; 97B.803
- History: 18 SR 83; L 2005 c 56 s 2; 30 SR 613; 35 SR 2014; 39 SR 1006
Minn. R. 6240.2100 Designated Migratory Waterfowl Feeding and Resting Areas
Subpart 1. Designation of entire lakes.
The following lakes are designated as migratory waterfowl feeding and resting areas:
Subp. 2. Marsh Lake, Big Stone, Lac qui Parle, and Swift Counties.
The following portion of Marsh Lake in Big Stone, Lac qui Parle, and Swift Counties is designated as a migratory waterfowl feeding and resting area:
That portion of the lake lying east and southeast of a line beginning at the point where the west section line of Section 10, Township 120 North, Range 44 West, meets the lake water line; thence running southeast approximately 370 rods to the southwest corner of Egret Island located in Section 15, Township 120 North, Range 44 West; thence running southeast approximately 340 rods to a point where the east section line of Section 22, Township 120 North, Range 44 West, intersects the water line of the south shore of the lake.
Subp. 3. Lake Lizzie, Otter Tail County.
All that portion of Lake Lizzie in Otter Tail County in Sections 3, 4, 5, 6, 7, 8 and 9, Township 136 North, Range 42 West is designated as a migratory waterfowl feeding and resting area.
Subp. 4.
[Repealed, 24 SR 644]
Subp. 5. South Heron Lake, Jackson County.
That part of Heron Lake known as South Heron Lake in Jackson County except those portions described as follows is designated as a migratory waterfowl feeding and resting area except during the early Canada goose season:
That part of the lake lying northwest of a straight line beginning at the state-owned access on the west shore in Section 15, Township 103 North, Range 37 West; thence running northeast to the point of the peninsula on the east side of the inlet to Okabena and Division Creeks located in Section 10, Township 103 North, Range 37 West; also that part lying South of a straight line beginning at Burmeisters Point in Section 13, Township 103 North, Range 37 West; thence running west to Sandy Point in Section 24, Township 103 North, Range 37 West.
Subp. 6. North Heron Lake, Jackson County.
That part of Heron Lake known as North Heron Lake in Jackson County except those areas known as Winzer Bay and North Marsh is designated as a migratory waterfowl feeding and resting area.
Subp. 7. Lake Christina, Grant and Douglas Counties.
All of Lake Christina in Grant and Douglas Counties except that part lying south of a straight line beginning at the east terminus of the north line of Government Lot 3, Section 12, Township 130 North, Range 41 West, at the water's edge of Lake Christina; thence running east to the water's edge at the northwest point of the peninsula of Government Lot 1, Section 8, Township 130 North, Range 40 West, that projects into said lake is designated as a migratory waterfowl feeding and resting area.
Subp. 8. Mud Lake, Traverse County.
All that portion of Mud Lake in Traverse County within the following described area is designated as a migratory waterfowl feeding and resting area:
Beginning at the point where the Bois de Sioux River enters the bed of Mud Lake north of Reservation Dam; thence northeast along the west boundary of Minnesota to a point due west of the farthest north portion of Lewis Point; thence east to said point on Lewis Point; thence southeast along the shoreline of Mud Lake defined by the prevailing water level to the point of beginning.
Subp. 9. Minnesota Lake, Faribault and Blue Earth Counties.
All that portion of Minnesota Lake in Faribault and Blue Earth Counties within the area posted by signs or buoys and identified as a migratory waterfowl feeding and resting area is designated as a migratory waterfowl feeding and resting area.
History
- Statutory Authority: MS s 97A.045; 97A.095
- History: 18 SR 83; 24 SR 644; 30 SR 613; 34 SR 621; 35 SR 2014; 39 SR 1006
Minn. R. 6240.2300 Common Crow Season
Subpart 1. Open dates.
Common crows may be taken from July 15 through October 15 and from March 1 through March 31.
Subp. 2. Bag limits.
Common crows may be taken and possessed without limit during the open season. Common crows taken must be retrieved and removed from the field.
Subp. 3. Eligibility to take common crows.
Residents and nonresidents may take common crows with legal firearms, bow and arrow, and by falconry without a license.
Subp. 4. Open zone to take common crows.
Common crows may be taken statewide during the prescribed dates and hours.
History
- Statutory Authority: MS s 97B.731
- History: 18 SR 83; 24 SR 644
Minn. R. 6240.2400 Methods of Taking Common Crow
Subpart 1. Taking common crows by firearms.
A person may take common crows with a shotgun not larger than ten gauge or with a handgun or rifle of any caliber.
Subp. 2. Use of electronic calls and radios.
Common crows may be taken by the use or aid of recorded or electronically amplified calls or sounds. Electronic devices may not be left unattended.
History
- Statutory Authority: MS s 97B.731
- History: 18 SR 83
Minn. R. 6240.2500 Taking Common Crows in Depredation Situations
Subpart 1. Taking common crows when causing damage.
Persons may take common crows statewide at any time of year when found committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock or wildlife, or when concentrated in such numbers and manner as to constitute health problems or other nuisances.
Subp. 2. Disturbance of nests and eggs.
Common crows' nests and eggs may not be disturbed at any time.
History
- Statutory Authority: MS s 97B.731
- History: 18 SR 83
Minn. R. 6240.2600 Taking Common Crows in Waterfowl Production Areas, Game Refuges, and Wildlife Management Areas
Common crows may be taken on wildlife management areas and federal waterfowl production areas that are open to hunting. Common crows may also be taken within state game refuges open to small game hunting, except those refuges closed to waterfowl hunting.
History
- Statutory Authority: MS s 97B.731
- History: 18 SR 83; 30 SR 613
Chapter 6242 SHOOTING PRESERVES AND GAME FARMS
Minn. R. 6242.0100 Definition of Shooting Preserve
A shooting preserve is a privately operated facility where protected wild animals are released for shooting outside regularly established seasons and regulations. Only species authorized on the shooting preserve license may be released and taken. A person, corporation, or partnership may not operate a shooting preserve without a valid license. There are two classes of shooting preserve, private and commercial, as provided by Minnesota Statutes, sections 97A.115 and 97A.121.
History
- Statutory Authority: MS s 97A.115
- History: 18 SR 83
Minn. R. 6242.0200 General Provisions for Shooting Preserves
Subpart 1. License requirement and application procedure for shooting preserves.
Application for a shooting preserve license must be made on forms provided by the commissioner. Additional information may be required when renewing a license or changing an area or species.
Subp. 2. Tagging requirements.
Harvested game, except ducks that are marked according to regulations of the United States Fish and Wildlife Service, must be tagged with a self-sealing tag, purchased from the commissioner, identifying the private shooting preserve. Birds dressed and packaged in a nonreusable sealed bag identified by the shooting preserve's name or license number need not be tagged. The tag or package labeling must remain attached while the bird is transported.
Subp. 3. Posting requirements.
The boundaries of shooting preserves must be posted with signs with letters at least two inches high. The sign must include the language "Licensed Shooting Preserve" and "No Trespassing," must be signed by the owner or manager, and must be posted at intervals of not more than 500 feet around the entire boundary of the shooting preserve.
Subp. 4. Marking of released birds.
Released ring-necked pheasants must be identifiable by a clipped outer toe of the right foot, evidence of wearing blinders, or debeaking. Released ducks must be identifiable by having had the hind toe (Hallux) of the right foot removed before the age of four weeks. Marking is not required on other species released for hunting.
Subp. 5. Required records.
Records must be kept current within 48 hours and maintained for three years following the year of creation.
Subp. 6. Required annual report.
An annual report must be submitted by each shooting preserve on a form provided by the commissioner. This report is due by March 15 of each year for the preceding calendar year.
Subp. 7. Other species for commercial shooting preserves.
In addition to the species authorized in Minnesota Statutes, section 97A.115, subdivision 2, the following species are designated for commercial shooting preserves:
A. gray partridge; and
B. unprotected birds.
History
- Statutory Authority: MS s 97A.115
- History: 18 SR 83; 19 SR 2222
Minn. R. 6242.0300 Operation of Private Shooting Preserves
Private shooting preserves are authorized in counties outside the pheasant range including Norman, Becker, Wadena, Cass, Crow Wing, Aitkin, and Carlton Counties and counties to the north of those counties.
History
- Statutory Authority: MS s 97A.115
- History: 18 SR 83
Minn. R. 6242.0400 Operation of Commercial Shooting Preserves
A person hunting waterfowl on a commercial shooting preserve is required to have federal and state waterfowl stamps and a small game license, except when taking only pen-reared and marked mallards.
History
- Statutory Authority: MS s 97A.115
- History: 18 SR 83
Minn. R. 6242.0500 Game Farm License Requirements, Definition
Subpart 1. Species specified on license.
The game farm license must specify the species which may be propagated or sold.
Subp. 2. Definition.
For purposes of game farm record keeping, "upland game birds" means the birds identified in Minnesota Statutes, section 97B.711, subdivision 1, except turkeys.
History
- Statutory Authority: MS s 97A.105; and others at 19 SR 6
- History: 19 SR 484; 19 SR 2222
Minn. R. 6242.0600 Game Farm License Conditions
A game farm license may be issued to an applicant who:
A. is primarily responsible for the care of the animals;
B. has adequate knowledge to properly care for the species involved;
C. provides a fenced area of adequate size on the premises to effectively confine the animals to be kept;
D. provides clean and healthy facilities to house, breed, and maintain the animals; and
E. provides for adequate food, water, shelter, sanitation, protection from injury, and prevention of overcrowding. Failure to meet these requirements may be grounds for revocation or nonrenewal of the license.
History
- Statutory Authority: MS s 97A.105; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6242.0800 Acquisition of Game Farm Animals
A game farm licensee may acquire protected captive-reared mammals and game birds or their eggs only from a licensed game farm operator or other person exempt from the licensing requirement.
History
- Statutory Authority: MS s 97A.105; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6242.0900 Restrictions on Sale or Disposal of Game Farm Animals
Subpart 1. Sales receipt requirement.
For every sale or disposal of an animal, animal parts, or products, the game farm licensee must complete a sales receipt, provided or approved by the commissioner, containing the following information:
A. name, address, and game farm license number of licensee;
B. name and address of purchaser or person to whom sale or disposal is made;
C. species, number, and kinds of animals, parts, or products sold or disposed of; and
D. identification numbers, if the animals sold or disposed of are marked with numbered tags, bands, or tattoos.
Subp. 2. Routing of sales receipts.
The original sales receipt of a game farm animal must be mailed to the Division of Enforcement within 48 hours of completion of the transaction. A copy must be given to the purchaser at the time the transaction is made. A second copy must be retained by the licensee and be subject to inspection by the commissioner. A third copy must be submitted to the local conservation officer.
Subp. 3. Shipping animals by common carrier.
When animals, parts, or products are shipped by common carrier or are transported other than by the purchaser or receiver, a second copy of the receipt must be attached to the outside of the box, crate, or container, or to one of the containers if a single shipment is made in several containers.
History
- Statutory Authority: MS s 97A.105; 97A.425; L 2011 1Sp2 art 5 s 67
- History: 18 SR 83; 19 SR 2222; 37 SR 374
Minn. R. 6242.1000 Required Game Farm Records
Subpart 1. Record keeping.
Game farm licensees must keep complete and current business records for all species, except upland game birds, in a record book provided or approved by the commissioner. These records must include the following:
A. for each animal acquired other than by birth on the licensee's game farm, the sex (if known), species, name and address of the source from which acquired, date of acquisition, and number of any band, tag, or tattoo attached to the animal before or after acquisition;
B. for each animal born on the licensee's game farm, the sex (if known), species, date of birth, and number of any band, tag, or tattoo subsequently attached to the animal;
C. for each animal sold or disposed of other than by death, the same information required by part 6242.0900; and
D. for each animal which dies or is destroyed on the licensee's game farm, the sex (if known), species, date of death, and number of any band, tag, or tattoo attached to the animal.
Subp. 2. Retention of receipts.
The licensee's copies of all sales and disposal receipts required to be retained must be kept with and are considered part of the record book.
Subp. 3. Entry, retention, and inspection of records.
Records required to be kept by this part must be entered into the record book within 48 hours of the birth, transaction, acquisition, death, or disposal of the animal, animal part, or product. Records must be maintained for three years following the year of creation. All records and receipts required to be retained must be open to inspection by the commissioner at any reasonable time.
History
- Statutory Authority: MS s 97A.105; L 2011 1Sp2 art 5 s 67
- History: 19 SR 2222; 37 SR 374
Minn. R. 6242.1100 Reports on Operations
On or before March 15 of each year, licensees must submit, on forms provided by the commissioner, reports of their game farm operations during the preceding license year. These reports must be one of two types:
A. for upland game birds and waterfowl, an inventory of all livestock acquired, hatched, possessed, sold, deceased, or disposed of; and
B. for all other species, a report of the required records. These reports must be submitted to the Division of Enforcement.
History
- Statutory Authority: MS s 97A.105; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6242.1200 Threatened or Endangered Species
Subpart 1. Game farm licensees.
A game farm license is not a license to possess, breed, propagate, sell, or dispose of any threatened or endangered species, unless the threatened or endangered species is specifically listed on the game farm license and has been lawfully obtained.
Subp. 2. Permit for purchaser.
For purposes of Minnesota Statutes, section 84.0895, the game farm sales receipt showing lawful acquisition of a threatened or endangered species shall serve as a permit to possess the threatened or endangered species.
History
- Statutory Authority: MS s 84.0895; 97A.105; and others at 19 SR 6
- History: 19 SR 484; 19 SR 2222
Chapter 6244 CAPTIVE WILDLIFE
Minn. R. 6244.0100 Purpose
The purpose of sections 6244.0100 to 6244.2000 is to establish reasonable standards for the rehabilitation of orphaned, sick, and injured wild animals, and to establish a permit system and other criteria for such rehabilitation pursuant to Minnesota Statutes, sections 97A.401 and 97A.418. Sections 6244.0100 to 6244.2000 establish criteria for issuing permits to individuals and to individuals in the name of institutions, to provide for the care, treatment, and release of orphaned and debilitated wild animals obtained by those individuals or received from other parties. The permit process is designed to provide for the participation of selected volunteers to the maximum extent possible consistent with Minnesota Statutes. The intent of sections 6244.0100 to 6244.2000 is to help ensure that all persons engaged in rehabilitation of wild animals are qualified, undergo periodic training, house animals under proper conditions, provide a high level of humane care for animals, and are protected as much as is possible from injury caused by animals or from contracting disease that may be carried by animals. Nothing in sections 6244.0100 to 6244.2000 is intended to authorize ownership or possession of wild animals for purposes other than rehabilitation and release.
Nothing in sections 6244.0100 to 6244.2000 authorizes, or is intended to authorize any person with a wildlife rehabilitation permit to practice veterinary medicine in violation of Minnesota Statutes, chapter 156.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.0200 Scope
Sections 6244.0100 to 6244.2000 apply to rehabilitation of any orphaned, sick, or injured wild animal carried out by individuals or individuals in the name of institutions, except that the portions of sections 6244.0100 to 6244.2000 pertaining to qualification testing and continuing education and training requirements shall not apply to the Raptor Center and the Wildlife Rehabilitation Clinic at the University of Minnesota, Saint Paul. Sections 6244.0100 to 6244.2000 are not intended to prohibit any person from transporting an orphaned, sick, or injured wild animal to a rehabilitation facility.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.0300 Definitions
Subpart 1. Scope.
The terms used in sections 6244.0100 to 6244.2000 have the meanings given them in this part.
Subp. 2. Advisor.
"Advisor" means a master class permit holder who has volunteered to provide counsel and to serve as a mentor for novice class permit holders.
Subp. 3. Applicant.
"Applicant" means a person who applies for a Minnesota Department of Natural Resources wildlife rehabilitation permit pursuant to part 6244.0430.
Subp. 4. Big game.
"Big game" means deer, moose, elk, bear, antelope, and caribou.
Subp. 5. Commissioner.
"Commissioner" means the commissioner of natural resources or the commissioner's designated employees or other agents.
Subp. 6. Continuing education and training.
"Continuing education and training" means instruction, courses of instruction, study guides, or other materials determined by the commissioner to be acceptable for use by wildlife rehabilitation permit holders to satisfy the requirements for renewal of permits upon expiration.
Subp. 7. Department.
"Department" means the Minnesota Department of Natural Resources.
Subp. 8. Endangered species or threatened species.
"Endangered species" or "threatened species" means species of animals officially listed pursuant to Minnesota Statutes, section 84.0895, as endangered or threatened.
Subp. 9. Facilities.
"Facilities" means equipment, housing, or other shelter used in, or necessary for, the rehabilitation of wildlife.
Subp. 10. Federal permit.
"Federal permit" means a permit for the rehabilitation of migratory birds issued by the United States Fish and Wildlife Service.
Subp. 11. In-shelter assistant.
"In-shelter assistant" means a person designated by novice, general, or master permit holders to assist permittees with basic care and feeding of animals undergoing rehabilitation in the facility of the permittee.
Subp. 12. Nonreleasable wildlife.
"Nonreleasable wildlife" means an animal that cannot be released because of a permanent injury, degenerative physical condition as a result of illness, or habituation to humans that would significantly reduce the chance of the animal surviving in the wild.
Subp. 13. Outshelter permit.
"Outshelter permit" means a form of wildlife rehabilitation permit issued to an individual affiliated with an institution allowing that person to receive animals for short-term, temporary care only from the named institution with the stipulation that the animals are returned to the institution.
Subp. 14. Permit.
"Permit" means a wildlife rehabilitation permit issued by the commissioner under parts 6244.0400 to 6244.0450, unless otherwise specified.
Subp. 15. Permit holder or permittee.
"Permit holder" or "permittee" means a person who possesses a valid novice, general, or master wildlife rehabilitation permit issued by the commissioner under parts 6244.0410 to 6244.0450.
Subp. 16. Public exhibition.
"Public exhibition" means a display to the general public of wild animals undergoing rehabilitation, either on the permittee's premises or elsewhere.
Subp. 17. Rehabilitation.
"Rehabilitation" means providing care for orphaned, injured, or sick wild animals.
Subp. 18. Resident.
"Resident" means:
A. an individual who is a citizen of the United States or a resident alien, and has maintained a legal residence in the state for at least the immediately preceding 60 days;
B. a nonresident under the age of 21 who is the child of a resident;
C. a domestic corporation; or
D. a foreign corporation, authorized to do business in the state, that has conducted a licensed business at a location within the state for at least ten years.
Subp. 19. Transport.
"Transport" means the act by a permittee of causing or attempting to cause wild animals to be carried or moved other than within the premises of a permittee.
Subp. 20. Veterinarian.
"Veterinarian" means a person licensed to practice veterinary medicine as defined in Minnesota Statutes, chapter 156.
Subp. 21. Volunteers.
"Volunteers" means persons who are experienced with wildlife rehabilitation and are designated by the commissioner to assist with the process of issuing wildlife rehabilitation permits to individuals.
Subp. 22. Wild animals.
"Wild animals" means all living creatures, not human, wild by nature, endowed with sensation and power of voluntary motion, and includes mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks.
Subp. 23. Wildlife rehabilitator.
"Wildlife rehabilitator" means a person who has a valid Department of Natural Resources novice, general, or master class wildlife rehabilitation permit issued under parts 6244.0400 to 6244.0440.
Subp. 24. Wildlife section.
"Wildlife section" means the section of wildlife of the Department of Natural Resources.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.0400 Wildlife Rehabilitation Permits
Subpart 1. Requirement.
No person shall rehabilitate a wild animal without a permit from the commissioner issued under sections 6244.0100 to 6244.2000. A person with a rehabilitation permit may capture, receive, possess, transport, or transfer an orphaned, sick, or injured wild animal for purposes of rehabilitation according to conditions in the permit and sections 6244.0100 to 6244.2000. Permits shall only be issued to residents of Minnesota except when the commissioner determines that there are special circumstances where the interests of wildlife rehabilitation in Minnesota are served by issuing permits to nonresidents. Nonresidents must meet the same requirements as residents.
Subp. 2. Limit on number of permits.
The commissioner may limit the number of wildlife rehabilitation permits in total or in certain geographic areas of the state, as needed, when limitations are determined to be in the best interest of the wildlife resource or to provide for the most efficient management of the permitting process by the department.
Subp. 3. Restrictions on species.
The commissioner may restrict the rehabilitation of certain species of animals, either statewide or in certain geographic areas, as needed due to disease, overpopulation, or other limiting factors. The permit may be limited to certain species if deemed to be in the best interest of the wildlife resource, or upon request of the applicant.
Subp. 4. Restriction on having both a game farm license and rehabilitation permit.
No person shall be authorized to have both a game farm license and a wildlife rehabilitation permit at the same time except under circumstances deemed by the commissioner to be in the best interest of the wildlife resource.
Subp. 5. Wildlife affected by oil spills.
Nonresident professional wildlife rehabilitators with a federal rehabilitation permit may possess and transport wildlife affected by oil spills.
History
- Statutory Authority: MS s 14.388; 97A.401; 97A.418
- History: 20 SR 2291(NO. 43); 38 SR 787
Minn. R. 6244.0410 Permit Classes
Subpart 1. Scope.
There are three classes of wildlife rehabilitation permits, as outlined in subparts 2 to 4.
Subp. 2. Novice class.
A. Requirements:
B. Privileges:
Subp. 3. General class.
A. Requirements:
B. Privileges:
Subp. 4. Master class.
A. Requirements:
B. Privileges:
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43); 22 SR 292
Minn. R. 6244.0420 Permit Requirements
Subpart 1. Qualifications.
In order to be issued a permit, applicants must satisfy the requirements in subparts 2 to 7.
Subp. 2. Minimum age.
The applicant must be at least 18 years of age at the time the application is received by the department.
Subp. 3. Experience at handling and caring for animals.
Applicants for novice level permits must be able to demonstrate reasonable experience and skills at handling and caring for animals. This may include:
A. a degree in veterinary medicine, veterinary technology, or animal science;
B. experience working with a practicing veterinarian or at a publicly owned or operated zoo, university animal clinic, animal shelter, or wildlife rehabilitation clinic;
C. experience working with an individual licensed as a wildlife rehabilitator, including hands-on experience with animals; or
D. other experience in caring for animals.
Subp. 4. Examination for permit.
The applicant must obtain a score of at least 80 percent on a supervised examination provided by the commissioner. An applicant who fails the examination must wait a minimum of six months before retaking the examination.
Subp. 5. Adequate facilities.
The applicant must have on the premises adequate facilities to carry out wildlife rehabilitation activities. This includes types of cages, cage sizes, and other facility criteria as described in part 6244.0900, or as otherwise prescribed by the commissioner.
Subp. 6. Veterinarian consultant.
All classes of wildlife rehabilitation permit holders, except licensed veterinarians, must have and identify to the commissioner a licensed veterinarian consultant to advise and assist permittees in the care and treatment of animals.
Subp. 7. Advisor.
Novice class wildlife rehabilitation permit holders must have a master class wildlife permit holder as an advisor.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.0430 Permit Application
Written application for wildlife rehabilitation permits shall be made on the form provided by the commissioner and contain the following information:
A. the name, address, telephone number, and date of birth of the applicant;
B. the address of the proposed wildlife rehabilitation activity or facility;
C. a detailed description of the applicant's facilities, including numbers and sizes of cages and other pertinent information as requested by the commissioner;
D. a description of educational background related to animal biology, veterinary medicine, and wildlife rehabilitation;
E. a description of experience and training related to wildlife rehabilitation, including a compilation of the types of department wildlife rehabilitation permits possessed in the past and the duration of the permit;
F. certification from the commissioner that the applicant has obtained a score of at least 80 percent on a supervised examination provided by the commissioner for the class of rehabilitation permit requested;
G. the name, address, and telephone number of the licensed veterinarian who has agreed to assist and consult with the permittee on the treatment and care of animals being rehabilitated;
H. for applicants for novice level wildlife rehabilitation permits, the name, address, telephone number, and department rehabilitation permit number of the master class permit holder who has agreed to serve as an advisor for the applicant;
I. the types of wildlife the applicant desires to rehabilitate (mammals, passerine birds, or all species) allowed by the permit level applied for; and
J. an agreement to comply with the requirements of sections 6244.0100 to 6244.2000.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.0440 Inspection and Issuance
After receipt of the application for a rehabilitation permit, and a determination by the commissioner that the applicant has satisfied all requirements for a permit as described in parts 6244.0420 and 6244.0430, the commissioner may inspect the applicant's facility.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.0450 Nontransferability
No permit issued under parts 6244.0400 to 6244.0450 shall be transferable.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.0500 Role of Veterinarians
Subpart 1. Voluntary consultants.
Licensed veterinarians may serve as voluntary consultants to novice, general, or master class permittees as described in parts 6244.0410 and 6244.0420.
Subp. 2. Consultation.
Veterinarians are not required to have a department wildlife rehabilitation permit to consult with department rehabilitation permit holders nor to advise the permittees on care and treatment of animals undergoing rehabilitation.
Subp. 3. Treatment.
Veterinarians may treat wild animals, protected birds, and protected mammals in their office or clinic without possessing a department wildlife rehabilitation permit, provided the animals are not kept at the veterinary office or clinic longer than 48 hours.
Subp. 4. Longer term.
Veterinarians who have in their possession a wild animal longer than 48 hours are required to either have a novice, general, or master level permit or notify a conservation officer of the possession of an injured or orphaned wild animal.
Subp. 5. Permit requirements.
Veterinarians may obtain a general class permit by meeting the written test requirements for these permits described in sections 6244.0100 to 6244.2000, and by maintaining satisfactory applicable facilities requirements.
Subp. 6. Possession of animals.
Veterinarians who have a general or master class rehabilitation permit may possess a sick or injured wild animal, for purposes of treatment. The commissioner shall be notified within 24 hours of receipt of a state or federal endangered or threatened animal.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.0600 Record Keeping and Reporting Requirements
All permittees shall retain complete and up to date records on forms provided by the commissioner. Rehabilitation records must be updated within 24 hours of the event. A copy of each year's record shall be submitted to the department by January 31 of the following year. Permit holders are required to retain records for three calendar years and make the records available for inspection by the commissioner at any reasonable hour.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.0700 Examination; Continuing Education and Training; Role of Volunteers
The commissioner shall establish examinations for initial issuance of each class of permit, and requirements for continuing education and training needed for renewal of permits. These requirements must be fully met before permits are renewed.
The department wildlife rehabilitation permit process has been designed to make maximum use of volunteers. Persons experienced with wildlife rehabilitation may be designated by the commissioner to assist in the development of examinations and continuing education and training materials under direction of the commissioner, to assist in the administration of examinations for various levels of permits under direction of the commissioner, to conduct continuing education under direction of the commissioner, and to consult with the commissioner regarding the wildlife rehabilitation permit process.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.0800 General Provisions Governing Wildlife Rehabilitation
Subpart 1. Receipt of animals.
The receipt of animals shall be according to items A to C.
A. Permittees may capture orphaned, sick, or injured animals themselves or receive animals from others for purposes of rehabilitation.
B. Permittees may not import or accept animals for rehabilitation from outside Minnesota, except as allowed by the commissioner.
C. The commissioner shall be notified immediately of the receipt of a threatened or endangered species by a permittee.
Subp. 2. Rehabilitation care.
A. Animals being rehabilitated shall have contact with the permittee or designated in-shelter assistants only to the extent necessary for adequate care and treatment. Under no circumstances shall animals be habituated to humans, tamed, used as pets, or used in inappropriate ways. The separation of facilities from humans is contained in parts 6244.0300 and 6244.0900, subpart 1.
B. Mammals being rehabilitated may be housed only with others of the same species.
C. Public exhibition of animals being rehabilitated is prohibited, except as provided in subpart 4, item B.
D. Transfers of animals being rehabilitated may be made to the same level or to higher level permit holders and, in the case of master permit holders, to lower level permit holders, when:
E. Costs incurred by the permittee for rehabilitation activities shall be the responsibility of the permittee only. Permittees may not charge a fee for rehabilitating animals. The provisions of this item do not apply to licensed veterinarians.
F. Permittees may not delegate to others the authority granted by their permit except that permittees may designate others as in-shelter assistants as described in parts 6244.0300, subpart 11, and 6244.0410 to assist with the care and feeding of animals on the premises of the permittee and under the direct supervision of the permittee. Treatment of injured and sick animals may not be delegated to other persons.
Subp. 3. Release of animals.
A. When, in the judgment of the permittee, after discussion with the permittee's master class advisor or veterinarian consultant, an injured or sick animal has sufficiently recovered, or an orphaned animal is matured to the point where it has a reasonable chance to survive in the wild, the animal shall be released immediately in suitable habitat as near to the point where the animal was captured as practical.
B. Rehabilitated animals are not to be transported across state lines for release or for any other purposes unless expressly authorized by the commissioner.
C. When authorized by the commissioner, animals that are not sufficiently recovered from injuries or illnesses, or are not otherwise ready for release prior to the onset of cold weather in the fall, may be kept over winter and released in the spring.
Subp. 4. Disposition of nonreleasable animals.
A. When, in the judgment of the permittee, and on advice of the permittee's master class advisor or veterinarian consultant, an injured, sick, or orphaned animal is incapable of surviving if released to the wild, the animal must be:
B. Use of nonreleasable animals for scientific, educational, or exhibition purposes is allowed only under separate permit from the commissioner.
C. Euthanizing shall be done by the most humane means possible by either the permittee or veterinarian consultant and only by methods specifically prescribed by the veterinarian consultant according to criteria established by the American Veterinary Medical Association or the National Wildlife Rehabilitators Association.
D. Except where it is necessary to relieve immediate pain, and in cases where recovery is highly unlikely, threatened or endangered species may be euthanized only on express approval of the commissioner.
E. Animals that die of natural causes or that are euthanized must be buried, incinerated, rendered, or turned over to a person or institution that possesses a valid salvage permit from the department and, in the case of migratory birds, a valid federal salvage permit. Threatened or endangered species or any parts thereof shall be disposed of only at the direction of the commissioner.
F. Live or dead animals or any parts thereof shall not be sold, bartered, or given away.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.0900 Facilities and Operating Standards
Subpart 1. Separation of animal facilities from humans.
Except as required for the care provider to feed, water, and exercise animals, indoor and outdoor facilities, cages, pens, enclosures, or other areas must be sufficiently separate and protected from pets and from human living or work space to prevent human contact with animals. Animals must be kept in separate facilities at all times except when removal is necessary for veterinary care, transfer to another licensed rehabilitator, or release to the wild.
Subp. 2. Size; construction.
The facility must be constructed of a material and strength that is appropriate for the animals involved. The housing facilities shall be structurally sound and shall be maintained in good repair to protect the animals from injury and to contain the animals.
Enclosures shall be constructed and maintained to provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress, or abnormal behavior patterns. Guidelines for space requirements for various species shall be provided by the commissioner.
Adequate potable water shall be available on the premises with reliable and adequate electric power if required to comply with other provisions of the permit.
Subp. 3. Sanitation.
Provisions shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, trash, and debris. Disposal facilities shall be provided and operated to minimize vermin infestation, odors, and disease hazards. Permittees shall comply with all applicable laws pertaining to disposal. A suitable sanitary method shall be provided to rapidly eliminate excess water from indoor housing facilities. If drains are used, they shall be properly constructed and installed to prevent any backup of sewage and kept in good repair to avoid foul odors.
Subp. 4. Indoor facilities.
Temperature in indoor housing facilities shall be sufficiently regulated by heating or cooling to protect the animals from the extremes of temperature, to provide for their health, and to prevent their discomfort. The ambient temperature shall not be allowed to fall below nor rise above temperatures compatible with the health and comfort of the animal.
Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health and to prevent discomfort of the animals at all times. The facilities shall be provided with fresh air either by means of windows, doors, vents, fans, or air conditioning, and shall be ventilated to minimize drafts, odors, and moisture condensation.
Indoor housing facilities shall have ample lighting, by natural or artificial means, or both, of good quality, distribution, and duration as appropriate for the species involved. The lighting shall be uniformly distributed and of sufficient intensity to permit routine inspection and cleaning. Lighting of primary enclosures shall be designed to protect the animals from excessive illumination.
Subp. 5. Outdoor facilities.
When sunlight is likely to cause overheating or discomfort of the animals, sufficient shade by natural or artificial means shall be provided to allow all animals kept outdoors to protect themselves from direct sunlight.
Natural or artificial shelter appropriate to local climatic conditions for the species concerned shall be provided for all animals kept outdoors to afford them protection and to prevent discomfort to the animals. Individual animals shall be acclimated before they are exposed to the extremes of weather.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.1000 Animal Health and Husbandry
Subpart 1. Feeding.
Dietary guidelines for various species shall be provided by the commissioner. The food shall be wholesome, palatable, and free from contamination and of sufficient quantity and nutritive value to maintain all animals in good health. The diet shall be prepared with consideration of the age, species, condition, size, and type of the animal. Animals shall be fed at least once a day except as dictated by hibernation, veterinary treatment, normal fasts, or other professionally accepted practices.
Food and food receptacles, if used, shall be sufficient in quantity, accessible to all animals in the enclosure, and placed to minimize contamination. Food receptacles shall be kept clean and sanitary at all times. If self-feeders are used, adequate measures shall be taken to prevent molding, contamination, and deterioration or caking of food.
Subp. 2. Watering.
If potable water is not accessible to the animals at all times, it must be provided as often as necessary for the health and comfort of the animal. Frequency of watering shall depend upon age, species condition, size, and type of the animal. Water receptacles shall be kept clean and sanitary.
Subp. 3. Sanitation.
Excreta shall be removed from primary enclosures as often as necessary to prevent contamination of the animals contained in the enclosures, to minimize disease hazards, and to reduce odors. When enclosures are cleaned by hosing or flushing, adequate measures shall be taken to protect the animals confined in the enclosures from being directly sprayed with the stream of water or wetted involuntarily.
Subsequent to the presence of an animal with an infectious or transmissible disease, cages, rooms, and hard-surfaced pens or runs shall be sanitized either by washing them with hot water, 180 degrees Fahrenheit at source, and soap or detergent, as in a mechanical washer, or by washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with saturated live steam under pressure. Pens or runs using gravel, sand, or dirt shall be sanitized when necessary as directed by the attending veterinarian.
Areas in which animals are kept shall be kept clean and in good repair to protect the animals from injury and to facilitate the prescribed husbandry practices in this subpart. Accumulations of trash shall be placed in designated areas and cleared as necessary to protect the health of the animals.
A safe and effective program for the control of insects; ectoparasites, such as flies, ticks, and fleas; and avian and mammalian pests shall be established and maintained.
Subp. 4. Veterinary care.
Programs of disease prevention and parasite control, euthanasia, and adequate veterinary care shall be established and maintained under the supervision of the permittee's veterinarian consultant. The pest control program shall be reviewed by the veterinarian adviser for the safe use of materials and methods.
Animals shall be observed at least once every day by the person in charge of the care of the animals or by a designated in-shelter assistant working under the permittee's direct supervision. Sick, diseased, stressed, injured, or lame animals that are determined to be nonreleasable shall be dealt with according to part 6244.0800, subpart 4.
Subp. 5. Handling.
Handling of animals shall be kept to a minimum, but when necessary shall be done expeditiously and carefully in a way that does not cause unnecessary discomfort, behavioral stress, or physical harm to the animal or harm to the handler. Human contact with animals being rehabilitated shall be kept to an absolute minimum.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.1100 Transition from Previous Rules
Sections 6244.0100 to 6244.2000 apply to permits issued or renewed after July 1, 1996. Any permit issued or renewed after July 1, 1996, is subject to the requirements of sections 6244.0100 to 6244.2000.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.1110 Initial Testing at Time of Rules Adoption
Commencing July 1, 1996, the commissioner may allow a person who has or previously had a valid wildlife rehabilitation permit, other than an outshelter permit, to test at either the novice, general, or master level based on the following criteria:
A. a person who has had a wildlife rehabilitation permit for less than two years during the past five years may test at the novice level only;
B. a person who has had a wildlife rehabilitation permit for more than two years but less than six years of the past ten years may test at the novice or general level only; and
C. a person who has had a wildlife rehabilitation permit for six years or more during the past ten years may test at the novice, general, or master level. A person holding a valid wildlife rehabilitation permit on July 1, 1996, who initially tests at the general or master level, and fails either the general or master level test may immediately test at the novice level without waiting six months as stipulated in part 6244.0420, subpart 4.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.1200 Creation of Master Class Permittees
To provide for a group of master class permit holders to serve as sponsors for novice level permittees commencing July 1, 1996, and before a group of master class permittees would evolve through the process described in part 6244.0410, subparts 2, 3, and 4, the commissioner may issue provisional master class permits to individuals who are otherwise qualified and who have demonstrated special ability, knowledge, training, and experience in wildlife rehabilitation, provided that such provisional permittees must pass the master class test within one year after issuance of the provisional permit.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.1300 New Minnesota Residents
A person moving to Minnesota on a permanent basis, who is at the time of relocation to Minnesota a licensed wildlife rehabilitator in the state of previous residence, may be allowed to test at either the general or master level based on the criteria in part 6244.1110.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.1400 Federal Permits; Local Laws; Practicing Veterinary Medicine
Subpart 1. Federal permits.
A permittee authorized to rehabilitate migratory birds under a department permit must also possess a valid United States Fish and Wildlife Service special purpose rehabilitation permit. Other rehabilitation activities may also require a federal permit. Issuance of a permit by the department shall not exempt the permittee from the permit requirements of federal law.
Subp. 2. Local laws.
No rehabilitation permit nor any provisions of sections 6244.0100 to 6244.2000 shall be construed to exempt the permittee from any local laws, ordinances, or regulations that apply to the activities authorized by the permit.
Subp. 3. Practicing veterinary medicine.
A permittee may not practice veterinary medicine as defined by Minnesota Statutes, chapter 156, unless licensed as a veterinarian.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.1500 Review of Permit Decisions
If a rehabilitation permit is granted with conditions, or is denied, the applicant may file with the commissioner a request for a contested case hearing under Minnesota Statutes, chapter 14, within 30 days after mailed notice.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.1600 Permit Duration and Renewal
Subpart 1. Duration of permits.
Wildlife rehabilitation permits shall be issued for a period of up to two years.
Subp. 2. Renewal of permits.
Novice, general, and master wildlife rehabilitation permits are renewable. Conditions for renewal of all classes of permits include the following:
A. compliance with parts 6244.0410, 6244.0420, 6244.0600, and 6244.0800 to 6244.1000;
B. adequate record keeping as defined in part 6244.0600;
C. ongoing rehabilitation activity;
D. successful completion of continuing education and training as defined in parts 6244.0300, subpart 6, and 6244.0700;
E. for novice class permits, having a master class permittee to serve as an advisor as described in part 6244.0410;
F. identification of the veterinarian consultant as described in parts 6244.0410, subpart 2, and 6244.0500, subpart 1; and
G. maintain satisfactory applicable facility requirements as determined by an inspection that may be conducted at least once during every other permit renewal period, or once every four years, or if the permittee's place of animal care is moved to a new address, or upon application for a higher level rehabilitation permit.
Subp. 3. Expired permits.
Expired permits may be renewed within one year of the expiration date upon fulfillment of all conditions established in part 6244.1500 for the renewal. Permits which have been expired for more than one year shall not be renewed, and the person wishing to be reinstated must apply and go through the process described in parts 6244.0410 and 6244.0420 to obtain an initial permit. Persons who have had a rehabilitation permit previously, but whose permit has been expired for more than one year but less than five years, may apply for and be allowed to take the test for the permit class previously held after meeting all other conditions for permit renewal described in parts 6244.0410 and 6244.0420.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.1700 Permit Revocation
The commissioner may at any time revoke all or part of a permit issued under sections 6244.0100 to 6244.2000 under the conditions in this part whenever the commissioner has determined that a permittee has failed to comply with provisions of sections 6244.0100 to 6244.2000, when it is necessary to protect the interests of the public, or to protect the wildlife covered by the permits. Except in an emergency, at least 14 days prior to the effective date of the revocation the permit holder must be informed in writing of the nature of the revocation and of the conditions which, in the commissioner's opinion, require the revocation. Within 30 days of mailed notice of revocation, the permit holder may apply for an amendment to the permit or to request a hearing by the commissioner to contest the revocation, support the permit holder's proposed amendment, or both. The permit shall be revoked on the date stated in the revocation notice.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.1800 Disclaimer of Liability
Any rehabilitation permit issued under sections 6244.0100 to 6244.2000 is permissive only and no liability shall be incurred by the state or any of its officers, agents, or employees by reason of the issuance of a rehabilitation permit or by reason of any acts or operations of the permittee or any wildlife in possession of the permittee. A rehabilitation permittee shall be solely responsible for damage or injury to persons, domestic or wild animals, and real or personal property of any kind, resulting from any activities undertaken pursuant to the permit.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.1900 Variances
Subpart 1. Parts subject to variance provisions.
Individuals and individuals in the name of institutions that are subject to parts 6244.0100 to 6244.1800 may request that the commissioner grant a variance from the following parts:
A. resident requirements, as specified in part 6244.0400, subpart 1;
B. restrictions on having both a game farm license and a rehabilitation permit, as specified in part 6244.0400, subpart 4;
C. qualifications testing and continuing education and training requirements, as specified in parts 6244.0410 to 6244.0450 and 6244.0700;
D. the maximum number of in-shelter assistants that may be designated to work in a facility of the permittee, as specified in part 6244.0410, subparts 3, item L; and 4, item L;
E. the minimum age requirement, as specified in part 6244.0420, subpart 2;
F. the restriction on accepting animals for rehabilitation from outside of Minnesota, as specified in part 6244.0800, subpart 1, item B; and
G. the restriction on transport of animals across state boundaries for release, as specified in part 6244.0800, subpart 3, item B.
Subp. 2. Application for variance.
A proceeding for requesting a variance begins when the permit applicant or permittee files an application for a variance with the commissioner. The application must include information necessary for the commissioner to determine that the proposed variance is directed toward the attainment of the goals of parts 6244.0100 to 6244.1800, and is consistent with the general public interest and animal welfare including, but not limited to:
A. how the alternative measure proposed is equivalent to or superior to that prescribed in sections 6244.0100 to 6244.2000; and
B. how strict compliance with sections 6244.0100 to 6244.2000 will impose an undue burden on the applicant. Under no circumstance shall a variance be granted that varies a statutory standard.
Subp. 3. Determination by commissioner.
Within 30 days after receipt of the application, the commissioner shall determine whether the proposed variance constitutes a substantial change from the requirements of the provision from which a variance is requested.
A. If the commissioner determines that a substantial change would result, the decision of whether or not to grant the variance shall be based on a determination by the commissioner that the proposed variance is directed toward the attainment of the goals of the provision from which a variance is requested and is consistent with the general public interest and animal welfare.
B. If the commissioner determines that there would be no substantial change, and that the variance is consistent with the public interest and animal welfare and meets the goals and intent of the provision from which a variance is requested, a variance shall be granted.
Subp. 4. Simultaneous filing of applications.
Applications for variance from sections 6244.0100 to 6244.2000 may be filed simultaneously with an application for a permit to conduct animal rehabilitation, provided that the application contains all information required for applications for a permit to conduct animal rehabilitation.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.2000 Penalty
Subpart 1. Misdemeanor.
A person who violates sections 6244.0100 to 6244.2000 is guilty of a misdemeanor.
Subp. 2. Administrative penalty.
The commissioner may amend, revoke, or refuse to renew the permit of a person who violates sections 6244.0100 to 6244.2000 or any provision of a permit issued under sections 6244.0100 to 6244.2000.
History
- Statutory Authority: MS s 97A.401; 97A.418
- History: 20 SR 2291(NO. 43)
Minn. R. 6244.2100 Purpose
The purpose of parts 6244.2100 to 6244.3300 is to establish reasonable standards for the care and treatment of captive wildlife for public exhibition purposes, and a permit system for such display, pursuant to the legislative mandate contained in Minnesota Statutes, section 97A.041.
History
- Statutory Authority: MS s 97A.041
Minn. R. 6244.2200 Scope
Parts 6244.2100 to 6244.3300 shall apply to the care and treatment of all living captive wildlife for public exhibition in connection with any commercial enterprise, excluding displays owned by any municipality, county, or the state of Minnesota, any publicly owned zoo or wildlife exhibit, any privately owned traveling zoo or circus, or any pet shop.
History
- Statutory Authority: MS s 97A.041
Minn. R. 6244.2300 Severability
The provisions of parts 6244.2100 to 6244.3300 shall be severable, and the invalidity of any paragraph, subparagraph, or subdivision thereof shall not make void any other paragraph, subparagraph, subdivision, or any other part.
History
- Statutory Authority: MS s 97A.041
Minn. R. 6244.2400 Definitions
Subpart 1. Scope.
For the purpose of parts 6244.2100 to 6244.3300, the terms defined in this part have the meaning given in this part:
Subp. 2. Captive.
"Captive" means all forms of human control including but not limited to confinement within physical barriers, limitation of movement through the use of any manner of attachment physically affixed to any wildlife, or limitation of movement of wildlife by restraining in some manner the parent or offspring.
Subp. 3. Commissioner.
"Commissioner" is the commissioner of the Department of Natural Resources, state of Minnesota, acting directly or through authorized agents.
Subp. 4. Pet shop.
"Pet shop" means any commercial business venture, including a game farm, where animals are displayed only for the purpose of the sale of the animals so displayed.
Subp. 5. Public exhibition in connection with any commercial enterprise.
"Public exhibition in connection with any commercial enterprise" means any exhibition or display from which monetary gain is procured either directly or indirectly, including but not limited to any display or exhibition, the viewing of which is offered for a fee to the public, any display or exhibition which tends to attract customers to any business operated by the owner of such display or exhibition, or any business operated by a client or relative of the owner of such display or exhibition, or any live display used for advertising purposes.
Subp. 6. Traveling zoo or circus.
"Traveling zoo or circus" means any display or exhibit of wildlife alone or in combination with domestic animals which does not remain in any one county for more than one month at a time, nor make consecutive engagements at the same location.
Subp. 7. Wildlife.
"Wildlife" means any wild mammal, wild bird, reptile, or amphibian.
History
- Statutory Authority: MS s 97A.041
- History: 17 SR 1279
Minn. R. 6244.2500 Permit
Subpart 1. Requirement.
No person shall display captive wildlife under the jurisdiction of parts 6244.2100 to 6244.3300 in this state unless such display is pursuant to and in compliance with a permit acquired from the commissioner of natural resources. Application for such a permit shall be made on forms provided by the commissioner and shall be mailed or delivered to the Department of Natural Resources, regional supervisor, Division of Enforcement.
Subp. 2. Issuance.
After receipt of the application, the local conservation officer will inspect the premises, and a permit will be issued only after applicant complies with or agrees to comply with standards for wildlife exhibits as described in these parts.
Subp. 3. Nontransferability.
No permit issued under parts 6244.2100 to 6244.3300 shall all be transferable.
History
- Statutory Authority: MS s 97A.041
Minn. R. 6244.2600 Knowledge and Background of Caretakers
Subpart 1. Minimum age; knowledge of caring.
The applicant must be at least 18 years of age and shall demonstrate that the applicant or any employee of the applicant who is primarily responsible for the care of the wildlife knows how to care for the involved species properly.
Subp. 2. Visit by licensed veterinarian.
If the applicant or employee does not have such knowledge, the applicant may arrange for a regular semiannual visit to the display and housing facility by a licensed veterinarian who shall certify by mail to the commissioner on forms provided, that to the best of the veterinarian's knowledge, all requirements of the permit are being complied with and that any suggestions that the veterinarian could make to substantially improve the living conditions within the general limits of said permit are being or have been accomplished.
Subp. 3. Amendment to permit.
In the event that the knowledge or background of an employee is deemed by the commissioner to be sufficient to satisfy this requirement for said permit, the applicant shall apply for an amendment to such permit before the termination of the employment of said employee or as soon thereafter as possible, setting forth the qualifications of a new caretaker if neither the permit holder nor another employee has previously been accepted as qualified. If said amendment is not granted by the commissioner, the permit will terminate concurrently with the denial of said amendment or the termination of the employment of the qualified employee, whichever is later.
History
- Statutory Authority: MS s 97A.041
- History: 17 SR 1279
Minn. R. 6244.2700 Facilities and Operating Standards
Subpart 1. In general.
The facility must be constructed of such material and of such strength as appropriate for the animals involved. The housing facilities shall be structurally sound and shall be maintained in good repair to protect the animals from injury and to contain the animals.
Reliable and adequate electric power, if required to comply with other provisions of this permit, and adequate potable water shall be available on the premises.
Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against deterioration, molding, or contamination by vermin. Refrigeration shall be provided for supplies of perishable food.
Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, trash, and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors, and disease hazards.
Subp. 2. Indoor facilities.
Temperature in indoor housing facilities shall be sufficiently regulated by heating or cooling to protect the animals from the extremes of temperature, to provide for their health, and to prevent their discomfort. The ambient temperature shall not be allowed to fall below nor rise above temperatures compatible with the health and comfort of the animal.
Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health and to prevent discomfort of the animals at all times. Such facilities shall be provided with fresh air either by means of windows, doors, vents, fans, or air conditioning and shall be ventilated so as to minimize drafts, odors, and moisture condensation.
Indoor housing facilities shall have ample lighting, by natural or artificial means, or both, of good quality, distribution, and duration as appropriate for the species involved. Such lighting shall be uniformly distributed and of sufficient intensity to permit routine inspection and cleaning. Lighting of primary enclosures shall be designed to protect the animals from excessive illumination.
A suitable sanitary method shall be provided to eliminate rapidly, excess water from indoor housing facilities. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors and installed so as to prevent any backup of sewage.
Subp. 3. Outdoor facilities.
When sunlight is likely to cause overheating or discomfort of the animals, sufficient shade by natural or artificial means shall be provided to allow all animals kept outdoors to protect themselves from direct sunlight.
Natural or artificial shelter appropriate to local climatic conditions for the species concerned shall be provided for all animals kept outdoors to afford them protection and to prevent discomfort to such animals. Individual animals shall be acclimated before they are exposed to the extremes of the individual climates.
A suitable method shall be provided to rapidly eliminate excess water.
Subp. 4. Space requirements.
Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress, or abnormal behavior patterns.
History
- Statutory Authority: MS s 97A.041
Minn. R. 6244.2800 Animal Health and Husbandry
Subpart 1. Feeding.
The food shall be wholesome, palatable, and free from contamination and of sufficient quantity and nutritive value to maintain all animals in good health. The diet shall be prepared with consideration of the age, species, condition, size, and type of the animal. Animals shall be fed at least once a day except as dictated by hibernation, veterinary treatment, normal fasts, or other professionally accepted practices.
Food and food receptacles, if used, shall be sufficient in quantity and located so as to be accessible to all animals in the enclosure and shall be placed so as to minimize contamination. Food receptacles shall be kept clean and sanitary at all times. If self-feeders are used, adequate measures shall be taken to prevent molding, contamination, and deterioration or caking of food.
Subp. 2. Watering.
If potable water is not accessible to the animals at all times, it must be provided as often as necessary for the health and comfort of the animal. Frequency of watering shall consider age, species, condition, size, and type of the animal. All water receptacles shall be kept clean and sanitary.
Subp. 3. Sanitation.
Excreta shall be removed from primary enclosures as often as necessary to prevent contamination of the animals contained therein and to minimize disease hazards and to reduce odors. When enclosures are cleaned by hosing or flushing, adequate measures shall be taken to protect the animals confined in such enclosures from being directly sprayed with the stream of water or wetter involuntarily.
Subsequent to the presence of an animal with an infectious or transmissible disease, cages, rooms, and hard-surfaced pens or runs shall be sanitized either by washing them with hot water (180 degrees Fahrenheit at source) and soap or detergent, as in a mechanical washer, or by washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with saturated live steam under pressure. Pens or runs using gravel, sand, or dirt, shall be sanitized when necessary as directed by the attending veterinarian.
Areas in which animals are kept shall be kept clean and in good repair in order to protect the animals from injury and to facilitate the prescribed husbandry practices set forth in this subpart. Accumulations of trash shall be placed in designated areas and cleared as necessary to protect the health of the animals.
A safe and effective program for the control of insects, ectoparasites (such as flies, ticks, and fleas), and avian and mammalian pests shall be established and maintained.
Subp. 4. Separation.
Animals housed in the same primary enclosure must be compatible. Animals shall not be housed near animals that interfere with their health or cause them discomfort.
Subp. 5. Veterinary care.
Programs of disease prevention and parasite control, euthanasia, and adequate veterinary care shall be established and maintained under the supervision of a licensed veterinarian. The pest control program shall be reviewed by the veterinarian for the safe use of materials and methods. Animals subject to rabies or distemper (skunks, raccoons, and members of the dog and cat families) shall receive vaccinations against these diseases by a licensed veterinarian, and records of this vaccination program shall be kept on the premises and made available to conservation officers at all reasonable times.
Animals shall be observed every day by the person in charge of the care of the animals or by someone working under that person's direct supervision. Sick or diseased, stressed, injured, or lame animals shall be provided with veterinary care or humanely destroyed.
Subp. 6. Handling.
Handling of animals shall be done expeditiously and carefully in a way so as not to cause unnecessary discomfort, behavioral stress, or physical harm to the animal. Care should be exercised also to avoid harm to the handler.
Animals within reach of the public shall only be displayed for periods of time and under conditions consistent with the animals' health and not leading to their discomfort.
During public display, the animals must be handled so there is minimal risk of harm to the public with sufficient distance allowed between animal acts and the viewing public to assume safety to both the public and the animals.
History
- Statutory Authority: MS s 97A.041
- History: 17 SR 1279
Minn. R. 6244.2900 Permit Fee
Subpart 1. Amount; submission.
The fee for a permit shall be $10 which shall be submitted with the original application and every amendment and annual renewal thereof.
Subp. 2. Return of fee.
Such fee will be returned in the event the permit, or the amendment thereof, applied for is denied or in the event the permittee does not accept the permit as issued with conditions.
Subp. 3. Annual renewal.
The permit shall be renewed annually.
History
- Statutory Authority: MS s 97A.041
Minn. R. 6244.3000 Review of Permit Decisions
If the permit is granted with conditions, or is denied, the applicant may, within 30 days after mailed notice thereof, file with the commissioner of natural resources a demand for review of the application. The review shall be conducted as a contested case pursuant to Minnesota Statutes, chapter 14. If no demand for review is made within the 30 days, the permit decision becomes final.
History
- Statutory Authority: MS s 97A.041
Minn. R. 6244.3100 Revocation
The commissioner of natural resources may at any time revoke all or part of any permit issued under these parts under the following conditions, whenever, in the commissioner's opinion, it is necessary to protect the interests of the public, or to protect the wildlife covered by said permit:
A. The permit holder must be informed in writing of the nature of the revocation and of the conditions which in the commissioner's opinion require such revocation at least 14 days prior to the effective date of the revocation.
B. The permit holder, at any time prior to revocation, shall have the opportunity to apply for an amendment to the permit or to demand a hearing pursuant to part 6244.3000 to contest the revocation, support the holder's proposed amendment, or both. Upon receipt of such an application or demand, the revocation is stayed until a determination by the commissioner can be made on the matter. If no such application or demand be made, the permit shall be revoked on the date stated in the revocation notice.
C. Nothing in this part shall preclude legal action by the commissioner at any time for injunctive relief from a permit violation pursuant to Minnesota Statutes, section 97A.041, subdivision 6. All costs associated with seizures of neglected or mistreated animals shall be borne by the owner thereof including the expenses of keeping, disposing of, and treating animals pursuant to Minnesota Statutes, section 343.23.
History
- Statutory Authority: MS s 97A.041
- History: 17 SR 1279
Minn. R. 6244.3200 Disclaimer
Any permit issued under the provisions of these parts is permissive only and no liability shall be incurred by the state or by any of its officers, agents, or employees by reason of the issuance of such permit or by reason of any acts or operations of the permittee or any wildlife. At all times, the state of Minnesota, its officers, agents, and employees shall be held harmless from any liability for damage or injury arising from the issuance of such permit.
History
- Statutory Authority: MS s 97A.041
Minn. R. 6244.3300 Penalty
Anyone who violates any provision of these parts or any provision of a permit issued hereunder shall be guilty of a misdemeanor.
History
- Statutory Authority: MS s 97A.041
Chapter 6250 PRIVATE FISH HATCHERIES
Minn. R. 6250.0100 [Repealed, 20 SR 2287]
[Repealed, 20 SR 2287]
Minn. R. 6250.0101 Private Fish Hatchery Operations
Private fish hatcheries are subject to the provisions for aquatic farms in Minnesota Statutes, chapter 17, to the extent they are now and in the future consistent with statutes pertaining specifically to private fish hatcheries.
History
- Statutory Authority: MS s 97C.211
- History: 20 SR 2287
Minn. R. 6250.0200 [Repealed, 20 SR 2287]
[Repealed, 20 SR 2287]
Minn. R. 6250.0300 [Repealed, 20 SR 2287]
[Repealed, 20 SR 2287]
Minn. R. 6250.0400 [Repealed, 20 SR 2287]
[Repealed, 20 SR 2287]
Minn. R. 6250.0500 [Repealed, 20 SR 2287]
[Repealed, 20 SR 2287]
Minn. R. 6250.0600 [Repealed, 20 SR 2287]
[Repealed, 20 SR 2287]
Minn. R. 6250.0700 [Repealed, 20 SR 2287]
[Repealed, 20 SR 2287]
Minn. R. 6250.0800 [Repealed, 20 SR 2287]
[Repealed, 20 SR 2287]
Minn. R. 6250.0900 [Repealed, 20 SR 2287]
[Repealed, 20 SR 2287]
Minn. R. 6250.1000 [Repealed, 20 SR 2287]
[Repealed, 20 SR 2287]
Minn. R. 6250.1100 [Repealed, 20 SR 2287]
[Repealed, 20 SR 2287]
Minn. R. 6250.1200 [Repealed, 20 SR 2287]
[Repealed, 20 SR 2287]
Chapter 6252 FISHING METHODS
Minn. R. 6252.0100 [Renumbered 6262.0600]
[Renumbered 6262.0600]
Minn. R. 6252.0200 [Renumbered 6262.0650]
[Renumbered 6262.0650]
Minn. R. 6252.0300 [Renumbered 6262.0700]
[Renumbered 6262.0700]
Minn. R. 6252.0350 [Renumbered 6262.0750]
[Renumbered 6262.0750]
Minn. R. 6252.0400 [Renumbered 6262.3100]
[Renumbered 6262.3100]
Minn. R. 6252.0500 [Renumbered 6262.0800]
[Renumbered 6262.0800]
Minn. R. 6252.0600 [Renumbered 6262.0850]
[Renumbered 6262.0850]
Minn. R. 6252.0900 [Renumbered 6262.3000]
[Renumbered 6262.3000]
Minn. R. 6252.1000 [Renumbered 6262.3050]
[Renumbered 6262.3050]
Chapter 6254 MINNOWS
Minn. R. 6254.0100 Permitted Activities for Taking Minnows
Subpart 1. Minnow retailer's license required for retail purposes.
A person possessing a valid minnow retailer's license, as provided by Minnesota Statutes, section 97C.501, may buy and possess any amount of minnows, for the purpose of reselling them at retail, and may transport minnows from the place of wholesale purchase to an established, stationary place of business located in the state and owned or operated by the licensee, where the minnows are sold at retail, or to a licensed private fish hatchery or aquatic farm.
Subp. 2. Required vehicle licenses.
A. A vehicle may not be used to contain or transport more than 12 dozen minnows in this state unless the vehicle is licensed for that purpose by the commissioner, except as provided by Minnesota Statutes, section 97C.501, subdivisions 1 and 3.
B. Vehicle licenses must be kept in the vehicle and must be available for inspection by the commissioner at all reasonable times. Minnow dealers and retailers may obtain vehicle licenses only for vehicles registered in this state.
C. A motor vehicle licensed as a common carrier is not required to be licensed under the game and fish laws to transport minnows for another person.
D. Each vehicle licensed for the transport of minnows must be identified with the licensee's name and town of residence as it appears on the retailer's, dealer's, exporter's, or hauler's license. Required vehicle identification must be displayed so that it is readily visible from either side of the vehicle in letters and numbers not less than 2-1/2 inches high and with a three-eighths-inch-wide stroke. Required vehicle identification may be permanently affixed to vehicles or displayed on removable plates or placards placed on opposite doors of the vehicle or on tanks carried on the vehicle. In addition, vehicle identification for vehicles used to transport minnows out of the state must bear the exporting dealer's or hauler's license number.
Subp. 3. Angling license requirement exemption.
A properly endorsed aquatic farm or private fish hatchery license allows the licensee to conduct activities provided by subparts 1 and 2 and exempts the licensee from angling license requirements when conducting activities specified under this part.
History
- Statutory Authority: MS s 14.388; 97C.505; 19 SR 6; L 2017 c 93 art 2 s 158
- History: 19 SR 484; 42 SR 567
Minn. R. 6254.0200 Waters Open to Taking Minnows; Permits
Subpart 1. Waters open to taking.
Minnows may be taken from all waters of the state, except as otherwise specified in this part, part 6254.0300, and Minnesota Statutes, section 84D.03, subdivision 3.
Subp. 2. Permits.
Minnows may be taken from the waters described in items A to E only if a person possesses a permit issued by the commissioner:
A. waters within the boundaries of wildlife management areas when taking for commercial purposes;
B. waters within the boundaries of state parks;
C. within 50 yards of any site where loons are nesting;
D. designated trout waters as provided by Minnesota Statutes, section 97C.505, subdivision 5; and
E. infested waters as provided by part 6216.0400, subpart 1a, pursuant to Minnesota Statutes, sections 84D.03, subdivision 3, and 84D.11, subdivision 2a.
History
- Statutory Authority: MS s 84D.12; 97C.505; and others at 19 SR 6
- History: 19 SR 484; 19 SR 2222; 22 SR 292; 24 SR 1849
Minn. R. 6254.0300 Waters Closed to Commercial Taking of Minnows
Subpart 1. Closed waters.
The waters described in this part are closed to commercial taking of minnows:
Subp. 2. Waters in southwestern counties.
All streams, stream tributaries, sidechannels, oxbows, backwaters, or other seasonally or permanently connected waters of the Missouri River Watershed that are in Lincoln, Pipestone, Murray, Rock, or Nobles County and that lie south of U.S. Highway 14 to the Iowa border and west of U.S. Highway 59 to the South Dakota border are closed to commercial taking of minnows, except that a licensed minnow dealer, aquatic farm licensee, private fish hatchery licensee, or commercial crayfish permittee who is in possession of a federal endangered species incidental take permit allowing the taking of Topeka shiners (Notropis topeka) as authorized under United States Code, title 16, section 1539, may take minnows in that area. These waters include, but are not limited to, Medary Creek, Flandreau Creek, East Branch Flandreau Creek, Willow Creek, Pipestone Creek, North Branch Pipestone Creek, Split Rock Creek, Beaver Creek, Little Beaver Creek, Springwater Creek, Rock River, East Branch Rock River, Ask Creek, Little Rock River, Little Rock Creek, Kanaranzi Creek, Norwegian Creek, East Branch Kanaranzi Creek, Elk Creek, Champepadan Creek, Mound Creek, Poplar Creek, Chanarambie Creek, North Branch Chanarambie Creek, and Mud Creek.
Subp. 3. Waters in southeastern counties.
All streams, stream tributaries, side channels, oxbows, backwaters, or other seasonally or permanently connected waters that are in Dodge, Freeborn, or Mower County are closed to commercial taking of tadpole madtoms (Noturus gyrinus) or stonecats (Noturus flavus), except by special permit.
History
- Statutory Authority: MS s 97A.045; 97A.501; 97C.505
- History: 18 SR 83; 28 SR 629; 32 SR 1039
Minn. R. 6254.0400 [Repealed, 22 SR 292]
[Repealed, 22 SR 292]
Minn. R. 6254.0500 Definitions, Exemptions, and Identification Requirements for Taking Minnows in Traps and Nets
Subpart 1. Scope.
Minnows may be taken in traps and nets subject to the conditions in this part and part 6254.0510.
Subp. 2. Definitions.
A. A "minnow trap" is any device, other than a hoop net or trap net, used for the capture of minnows or leeches.
B. A "hoop net" is a cylindrical or conical net distended by two or more hoops, and may have one or two wings or a leader of webbing attached.
C. A "trap net" is a modified hoop net that has a framed rectangular opening with one or two wings or a leader of webbing attached.
Subp. 3. Exemptions.
The provisions of part 6254.0510 do not apply to aquatic farm or private fish hatchery licensees taking minnows in waters listed on their aquatic farm or private fish hatchery licenses.
Subp. 4. Ownership required to be displayed.
A. Minnow traps of persons not licensed as minnow dealers or aquatic farm or private fish hatchery operators must display the name, full street address, and town of residence of the person to whom they belong.
B. Minnow traps, hoop nets, and trap nets used by persons licensed as minnow dealers or aquatic farm or private fish hatchery operators must display the name, town of residence, and minnow dealer, aquatic farm, or private fish hatchery license number of the licensee.
C. Required information must be legible and must be displayed on a waterproof tag securely attached to the trap, or be branded or stamped into a permanent portion of the trap. Identification on nonsubmerged minnow traps, hoop nets, and trap nets must be unobscured and located above the water surface.
History
- Statutory Authority: MS s 97C.505; and others at 19 SR 6
- History: 19 SR 484; 19 SR 2222
Minn. R. 6254.0510 Use of Minnow Traps, Hoop Nets, and Trap Nets
Subpart 1. Setting minnow traps, hoop nets, and trap nets.
A. A minnow trap, string of minnow traps, hoop net, or trap net, including the wings or leads, may not extend across more than one-half the width of any stream.
B. A person may not set a minnow trap, hoop net, or trap net, including the wings or lead, within 50 feet in any direction of any portion of another person's minnow trap, hoop net, or trap net.
C. A person setting their own minnow traps, single string of minnow traps, hoop nets, or trap nets is subject to the provisions in subitems (1) and (2):
Subp. 2. Tending minnow traps, hoop nets, and trap nets.
Minnow traps, hoop nets, and trap nets must be lifted and emptied of fish as frequently as necessary to prevent the loss of minnows or other fish, provided that under no circumstances may they be emptied less frequently than once every 72 hours from April 1 to October 31, and once every seven days from November 1 to March 31. All minnow traps, hoop nets, and trap nets, and any associated gear, must be removed from the water immediately upon ceasing operations. A licensee shall not leave traps on public or private land without permission from the managing body or owner. The openings of traps that are left on the shore must be blocked to prevent nontarget animals from entering or must allow escapement of nontarget animals.
Subp. 3. Minnow trap specifications for persons not licensed as minnow dealers.
A. A person not licensed as a minnow dealer may use minnow traps not exceeding 30 inches in width or length or 15 inches in height. The diameter or width of the opening must not exceed 1-1/2 inches and mesh size may not exceed one-half inch bar mesh.
B. A person not licensed as a minnow dealer may not use minnow traps with leads.
Subp. 4. Minnow trap, hoop net, and trap net specifications for licensed minnow dealers.
A. Licensed minnow dealers may take minnows using minnow traps not exceeding four feet in width, four feet in height, and eight feet in length. The traps must have no more than two throats per entrance. The outermost throat may be split into two sections by a center structure. The diameter or width of the innermost throat opening may not exceed 1-1/2 inches and mesh size may not exceed one-half inch bar mesh. The top of the outermost throat must allow escapement of nontarget species, if it is possible for the nontarget species to be caught within the throat. Leads used in conjunction with minnow traps may not exceed 50 feet in length.
B. Licensed minnow dealers may take minnows with hoop nets or trap nets. Trap net frames may not exceed four feet in height and six feet in width, and hoops for hoop nets and trap nets may not exceed four feet in diameter. The length of hoop nets or trap nets from the front of the entrance to the rear of the net (cod end) may not exceed 25 feet. Leads used in conjunction with hoop nets or trap nets may not exceed 50 feet in length. Mesh size for hoop nets and trap nets may not exceed three-fourths inch bar measure. Trap nets or hoop nets used to take minnows must have a screen with openings not exceeding 1-1/2 inches placed across the entrance of the net.
C. A licensed minnow dealer must notify the area fisheries supervisor or local conservation officer 24 hours prior to setting any trap nets or hoop nets.
History
- Statutory Authority: MS s 97C.505
- History: 19 SR 2222; 28 SR 629
Minn. R. 6254.0600 Requirements to Hold and Move More Than 24 Dozen Minnows
Subpart 1. Restrictions apply to quantities of minnows in excess of 24 dozen.
This part applies only to quantities of minnows in excess 24 dozen.
Subp. 2. Water volume for handling and transporting minnows.
After being taken, minnows may not be moved in less water than the volume that will sustain them in good condition.
Subp. 3. Oxygen content and temperature requirements.
All containers used to hold minnows other than for transport must be provided with aerating equipment or with a continuous flow of water which at all times maintains sufficient dissolved oxygen to sustain the minnows in good condition, except that containers so equipped are not required for holding leeches. Leeches may not be held in any container in which the dissolved oxygen in the water or the temperature is not maintained at a level that will sustain the leeches in good condition. Minnows, including leeches, may be transported only in containers in which the dissolved oxygen in the water is maintained at a level that will sustain the minnows in good condition.
Subp. 4. Inspection of minnow containers.
Minnows must be transported only in containers that permit inspection of the minnows by the commissioner at any time.
Subp. 5. Required reporting.
Minnow dealers and exporting minnow dealers must report, on forms provided by the commissioner, for the previous calendar year. Reports must be submitted to the address identified on the form so that they are received prior to February 15 of each year. A minnow dealer's license or exporting minnow dealer's license may not be renewed until the yearly report has been received.
Subp. 6. Exemption from water volume, oxygen, and temperature requirements.
Subparts 2 and 3 do not apply to persons licensed as aquatic farm or private fish hatchery operators.
Subp. 7. Permit documents required.
A. Before a licensed minnow dealer is allowed to harvest and transport cisco, rainbow smelt, and animals on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services, the dealer must obtain one of the following permit documents:
B. The permit documents may be used for multiple shipments within the term of the permit as long as the source water body remains the same. The transportation permit must have a single destination. A fish health certification may be used for multiple destinations.
History
- Statutory Authority: MS s 97C.505; and others at 19 SR 6
- History: 19 SR 484; 23 SR 348; 39 SR 1619
Minn. R. 6254.0700 Private Hatchery License Exemptions
Minnow dealers are not required to obtain an aquatic farm, as defined by Minnesota Statutes, section 17.4982, subdivision 4, or private fish hatchery license when holding minnows in ponds for bait purposes, provided that no more than three ponds are used and no pond exceeds one acre.
History
- Statutory Authority: MS s 97C.211
- History: 18 SR 83
Minn. R. 6254.0800 Taking Minnows on Leech Lake Indian Reservation
A person may not take minnows for commercial purposes within the boundaries of the Leech Lake Indian Reservation without having obtained the prior permission of the Leech Lake Band of Chippewa Indians in a manner and form the band requires.
History
- Statutory Authority: MS s 97A.151
- History: 18 SR 83
Chapter 6256 FROGS AND TURTLES
Minn. R. 6256.0050 Definition of Frogs
"Frogs" means the following species:
A. northern cricket frog (Acris crepitans);
B. Cope's gray tree frog (Hyla chrysoscelis);
C. gray tree frog (Hyla versicolor);
D. spring peeper (Pseudacris crucifer);
E. chorus frog (Pseudacris triseriata);
F. bull frog (Rana catesbeiana);
G. green frog (Rana clamitans);
H. pickerel frog (Rana palustris);
I. northern leopard frog (Rana pipiens);
J. mink frog (Rana septentrionalis);
K. wood frog (Rana sylvatica);
L. American toad (Bufo americanus);
M. great plains toad (Bufo cognatus);
N. Canadian toad (Bufo hemiophrys);
O. plains leopard frog (Rana blain);
P. southern leopard frog (Rana utricularia);
Q. pig frog (Rana grylio); and
R. river frog (Rana becksheri).
History
- Statutory Authority: MS s 97C.601
- History: 23 SR 348
Minn. R. 6256.0100 Allowed Times for Taking Frogs
Frogs may only be taken between sunrise and sunset, except as otherwise permitted.
History
- Statutory Authority: MS s 97C.601; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6256.0200 Size Limits for Leopard Frogs and Bull Frogs
Northern leopard frogs (Rana pipiens) and bull frogs (Rana catesbeiana) must be more than six inches long when taken or possessed for purposes other than bait.
History
- Statutory Authority: MS s 97C.601; and others at 19 SR 6
- History: 19 SR 484; 23 SR 348
Minn. R. 6256.0300 Permits for Importing Frogs
Live frogs may not be imported for purposes other than bait, unless authorized by a specific permit issued by the commissioner.
History
- Statutory Authority: MS s 97C.601; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6256.0400 Reports, Records, and Inspections to Take Frogs for Nonbait
All licensees and permittees who have taken frogs for purposes other than bait must report activities of the previous license year, on forms provided by the commissioner, before relicensing.
All licensees and permittees who take or possess frogs for purposes other than bait must keep a record book that includes the number or weight of each species of frog acquired by taking or purchase and sold, the name and address of each purchaser and seller, and the date of each transaction. These records must be kept current within 48 hours of a transaction.
History
- Statutory Authority: MS s 97C.601; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6256.0500 Taking Turtles
Subpart 1. Scope.
This part applies to individuals possessing a recreational turtle license and an angling license or acting under Minnesota Statutes, section 97C.605, subdivision 2c, paragraph (a), clause (4). The following turtle species may be taken: western painted turtle (Chrysemys picta) and snapping turtle (Chelydra serpentina). A person possessing turtles or turtle eggs under this part must also comply with other state and federal laws that regulate these activities.
Subp. 2.
[Repealed, L 2023 c 60 art 4 s 112]
Subp. 2a.
[Repealed, L 2023 c 60 art 4 s 112]
Subp. 2b.
[Repealed, L 2023 c 60 art 4 s 112]
Subp. 3.
[Repealed, 28 SR 629]
Subp. 4.
[Repealed, L 2023 c 60 art 4 s 112]
Subp. 5.
[Repealed, L 2023 c 60 art 4 s 112]
Subp. 6.
[Repealed, L 2023 c 60 art 4 s 112]
Subp. 7.
[Repealed, L 2023 c 60 art 4 s 112]
Subp. 8.
[Repealed, L 2023 c 60 art 4 s 112]
Subp. 9. Size limits.
Individuals are restricted to taking and possessing sizes of turtles as specified in items A and B. The turtle size is determined by measuring the top shell length (carapace, not including the curvature) from above the neck to above the tail.
A. Snapping turtles (Chelydra serpentina) must be greater than 12 inches in shell length.
B. Western painted turtles (Chrysemys picta) must be between four and 5-1/2 inches, inclusive, in shell length.
Subp. 10. Turtle nests and eggs.
A. A person may not collect turtle eggs from natural nests, except under a permit issued by the commissioner.
B. A person must have an aquatic farm license with a turtle endorsement or a private fish hatchery license with a turtle endorsement to possess or sell turtle eggs, as allowed by federal law, or to keep turtles for propagation.
History
- Statutory Authority: MS s 97C.605
- History: 18 SR 83; 23 SR 348; 28 SR 629; 28 SR 1127; 32 SR 1039; 48 SR 1143
Minn. R. 6256.0600 Closed Turtle Seasons
Subpart 1. Snapping turtles.
A person may not take snapping turtles during the months of May and June.
Subp. 2.
[Repealed, 48 SR 1143]
History
- Statutory Authority: MS s 97A.045; 97C.605
- History: 22 SR 292; 28 SR 629; 48 SR 1143
Minn. R. 6256.0900 Turtle Propagation
Subpart 1. Licensee with turtle endorsement.
A person with an aquatic farm license with a turtle endorsement or a private fish hatchery license with a turtle endorsement shall sell, obtain, possess, transport, and propagate turtles and turtle eggs according to subparts 2 to 9.
Subp. 2. Turtle endorsement application.
A licensee who is requesting a turtle endorsement must submit an application, on forms provided by the commissioner, to the address on the form. An application must include the species of turtle, location of rearing and incubation facilities, and site diagram with turtle containment descriptions. The commissioner shall send applications for a turtle endorsement to other state and federal agencies that regulate turtles for review.
Subp. 3. Application of other law.
A person propagating turtles under this part must meet the requirements in Minnesota Statutes, sections 17.46 to 17.4999, and other state and federal laws that regulate the possession, processing, and sale of turtles and turtle eggs.
Subp. 4. Out-of-state sources.
Turtles and turtle eggs may not be obtained outside of the state unless the commissioner approves the species and source. The commissioner may apply more stringent requirements to turtles and eggs or sources of turtles and eggs from outside the state than are applied to turtles and eggs and sources of turtles and eggs from within the state to protect Minnesota's natural resources.
Subp. 5. Acquisition of brood stock.
A licensee shall apply for a permit to harvest adult turtles from the wild for brood stock. The commissioner shall issue a permit to the licensee to take from the wild up to 40 turtles of each species requested if:
A. the turtles or gravid turtles are not available for purchase;
B. the commissioner determines that wild populations of the requested species can sustain the harvest; and
C. a permit to harvest turtle brood stock from the wild has not been issued to the licensee for the species requested in the last three years. Game and fish laws and rules relating to daily limits, seasons, and methods apply to the taking of turtles pursuant to a permit issued under this subpart.
Subp. 6. Containment.
The turtle propagation facility must be an artificial pond, or other artificial containment structure, that has a system to prevent the escape of turtles into the wild. The commissioner shall conduct an inspection of the facility prior to licensing to determine compliance with this subpart.
Subp. 7. Disposal.
Disposal of live turtles, turtle offspring, viable eggs, carcasses, and eggs that did not hatch must be in compliance with other state and federal laws that regulate such disposal.
Subp. 8. Inspection and enforcement.
Inspection of the facility and enforcement of this part shall be conducted according to Minnesota Statutes, section 17.4984, subdivision 6.
Subp. 9. Record keeping.
Record keeping for the propagation of turtles must comply with Minnesota Statutes, section 17.4984, subdivision 7.
History
- Statutory Authority: MS s 17.4997; 97C.605
- History: 28 SR 629; 48 SR 1143
Chapter 6258 MUSSELS
Minn. R. 6258.0100 [Repealed, L 2017 c 93 art 2 s 166]
[Repealed, L 2017 c 93 art 2 s 166]
Minn. R. 6258.0200 [Repealed, L 2017 c 93 art 2 s 166]
[Repealed, L 2017 c 93 art 2 s 166]
Minn. R. 6258.0300 [Repealed, L 2017 c 93 art 2 s 166]
[Repealed, L 2017 c 93 art 2 s 166]
Minn. R. 6258.0400 [Repealed, L 2017 c 93 art 2 s 166]
[Repealed, L 2017 c 93 art 2 s 166]
Minn. R. 6258.0500 [Repealed, L 2017 c 93 art 2 s 166]
[Repealed, L 2017 c 93 art 2 s 166]
Minn. R. 6258.0600 [Repealed, L 2017 c 93 art 2 s 166]
[Repealed, L 2017 c 93 art 2 s 166]
Minn. R. 6258.0700 Repealed by subpart
Subpart 1.
[Repealed, L 2017 c 93 art 2 s 166]
Subp. 2.
[Repealed, 20 SR 2287]
Subp. 3.
[Repealed, 20 SR 2287]
Subp. 4.
[Repealed, L 2017 c 93 art 2 s 166]
Subp. 5.
[Repealed, L 2017 c 93 art 2 s 166]
Minn. R. 6258.0800 [Repealed, L 2017 c 93 art 2 s 166]
[Repealed, L 2017 c 93 art 2 s 166]
Minn. R. 6258.0900 [Repealed, L 2017 c 93 art 2 s 166]
[Repealed, L 2017 c 93 art 2 s 166]
Chapter 6259 CRAYFISH
Minn. R. 6259.0100 General Restrictions on Taking Crayfish
Subpart 1. Seasons and size restrictions.
The open season for taking crayfish is April 1 through November 30. Crayfish less than one inch in length from tip of rostrum to tip of tail must be returned unharmed to the water.
Subp. 2. Gear and marking requirements.
The following provisions in this subpart apply to gear and marking requirements on the taking of crayfish:
A. Crayfish may be harvested with gear allowed for rough fish and minnows in addition to gear specified in this part. Crayfish traps or harvesting devices must be identified in a permanent and legible manner with a plastic or metal tag not smaller than one inch by three inches bearing the user's name and address.
B. The mesh size for crayfish traps may not be less than one-half inch, stretch measure.
C. Floats used to mark traps may not be larger than four inches square or four inches in diameter.
D. Rough fish parts may be used within a crayfish trap as bait.
History
- Statutory Authority: MS s 97C.871; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6259.0200 Sale of Crayfish
All crayfish species in this state may be harvested and crayfish may be cultured for sale for food and processed bait. Crayfish may not be sold for live bait use within this state. Crayfish that are imported under a permit issued by the commissioner may be sold for aquarium use according to part 6259.1000, subpart 4.
History
- Statutory Authority: MS s 97C.871; and others at 19 SR 6
- History: 19 SR 484; 24 SR 1849
Minn. R. 6259.0300 Tending Crayfish Traps
Crayfish traps may be lifted from one hour before sunrise until one hour after sunset. Crayfish traps must be lifted at least once in each 24 hour period weather permitting. All trapped fish must be returned to the water.
History
- Statutory Authority: MS s 97C.871; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6259.0400 Disposal of Crayfish
Dead crayfish or the shells or meats of crayfish may not be returned to the water or deposited on any shoreline or adjacent area.
History
- Statutory Authority: MS s 97C.871; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6259.0500 Transportation and Stocking of Crayfish
The transportation of any crayfish from one body of water to another within the state is prohibited, except by written permission from the commissioner.
History
- Statutory Authority: MS s 97C.871; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6259.0600 Importation of Crayfish Prohibited
The placement in waters of the state of any crayfish imported from outside the state is prohibited, except under permit by the commissioner.
History
- Statutory Authority: MS s 97C.871; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6259.0700 Penalties for Violation
Violation of any provision of state law pertaining to the harvest of crayfish, parts 6260.2500 to 6260.3400, or any terms or conditions of any permit may result in the permit being revoked in addition to any other penalties provided by law.
History
- Statutory Authority: MS s 97A.418; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6259.0800 Taking of Crayfish for Personal Use
Subpart 1. License requirement for taking crayfish for personal use.
A person possessing a valid resident or nonresident angling license may take and possess for personal use not more than 25 pounds of live, whole freshwater crayfish.
Subp. 2. Sale of crayfish taken for personal use prohibited.
Crayfish taken for personal use may not be sold.
Subp. 3. Locations for taking crayfish for personal use.
Crayfish may be harvested for personal use in any waters of the state where fish may be taken by angling, and to which the harvester has legal access, unless otherwise posted.
Subp. 4. Use of crayfish for bait.
Live crayfish taken may be used as bait only in the body of water where taken.
History
- Statutory Authority: MS s 97C.871; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6259.0900 Taking Crayfish for Commercial Use
Subpart 1. Permits and resident angling license requirements.
A person taking or possessing more than 25 pounds of live, whole freshwater crayfish must first obtain a written permit from the commissioner. This permit is required to harvest crayfish for sale.
Subp. 2. Persons allowed to assist permit holders.
Only persons listed on the permit may assist the permit holder in any phase of the crayfish harvesting operations.
Subp. 3. Commercial use permit procedures.
Permits may be issued upon application pursuant to the criteria in this subpart:
A. Application must be made on forms, provided by the commissioner, and must be submitted to the area fisheries office.
B. Permits will be issued only to residents who possess a valid Minnesota angling license or are otherwise exempt from angling license requirements.
C. A person working for a permit holder must possess a valid Minnesota angling license or be otherwise exempt from angling license requirements.
D. Applications must be signed by the applicant. Failure to properly and fully complete an application may result in its rejection.
History
- Statutory Authority: MS s 97C.871; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6259.1000 Permit Conditions for Commercial Crayfish Operations
Subpart 1. Permit duration.
A permit is not valid for more than one season and may be issued for shorter periods of time at the discretion of the commissioner.
Subp. 2. Permit revocation.
The commissioner may revoke any permit upon determination that revocation is necessary for protection of natural resources.
Subp. 3. Variance of harvest operations.
Any variance from permit conditions requires a written amendment which must be attached to and become part of the permit.
Subp. 4. Importation of crayfish.
The importation of live crayfish or crayfish eggs into the state is prohibited except by written permit from the commissioner. Permits to import live crayfish for processing may only be issued provided no live crayfish are allowed to exit the processing facility. The commissioner may issue a permit to import live crayfish for aquarium sales for species that cannot survive in Minnesota if accidentally released.
Subp. 5. Required records.
Permit holders must keep records of all crayfish sales transactions. Records must be verifiable with supporting sales slips and include the number or weight of all species of crayfish acquired by taking or purchase and sold, name and address of buyer, and date of each transaction. Records must be kept current within 48 hours. Failure to keep complete and current records may result in immediate revocation of the permit and may render the permit holder ineligible for future permits.
Subp. 6. Commercial sale, purchase, and transportation of crayfish.
Crayfish legally harvested may be bought, sold, and transported for food purposes and as processed bait only, except as otherwise provided by part 6260.2900 and this part.
Crayfish must be kept separated from live fish when being transported within the state.
Subp. 7. Exportation of crayfish.
Crayfish legally possessed may be exported for any purpose.
Subp. 8. Notification of harvest operations.
The permit holder must inform the area fisheries office at least 24 hours in advance of the start of harvest operations for each water body.
Subp. 9. Responsibility for harvest activities.
The permit holder must be in personal attendance at harvest operations and is responsible for all harvest activities. All members of the crew must be listed on the permit.
Subp. 10. Identification of harvest sites.
Crayfish harvest sites will be identified to the area fisheries office by name and legal description or, if available, the Division of Waters inventory number.
Subp. 11. Permits to rear and hold crayfish.
The commissioner may issue a permit to rear or hold crayfish of the species Orconectes virilis and Orconectes immunis for any waters, including waters that are not isolated from other waters.
History
- Statutory Authority: MS s 97A.418; 97C.811; 97C.871; and others at 19 SR 6
- History: 19 SR 484; 24 SR 1849
Chapter 6260 COMMERCIAL FISHING OPERATIONS
Minn. R. 6260.0100 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 2. Net bar measurement.
"Net bar measurement" means the interior distance between adjacent angles of a single mesh of a net when extended. An entire net or lot of netting is considered to be of the same mesh size as the majority of ten or more meshes in any part of the net or lot at least three meshes removed from the selvage or side lines selected at random.
Subp. 3. Net stretch measurement.
"Net stretch measurement" means the interior distance between opposite knots or corners of a single mesh of a net, taken between the thumb and forefingers and applying enough pressure laterally to allow the opposite side of the mesh to meet. An entire net or lot of netting is considered to be of the same mesh size as the majority of ten or more meshes in any part of the net or lot of netting at least three meshes removed from the selvage or side lines selected at random.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83
Minn. R. 6260.0200 Commercial Fishing Conditions and Prohibitions
Subpart 1. License, permit, or contract required.
A person may not conduct a commercial fishing operation on any waters of the state except under license, permit, or contract and in conformance with the requirements of the license, permit, contract, parts 6260.0100 to 6260.2400, and other applicable law. The commissioner may require any commercial operator to cease fishing operations when the commissioner finds that the operations are destructive to game fish or for any other reasonable cause.
Subp. 2. Angling license requirements.
Permittees, contractors, licensed commercial operators, or their helpers may not engage in any commercial fish removal operations without first being in possession of a valid Minnesota angling license or be otherwise permitted by law to take fish by angling.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83
Minn. R. 6260.0300 Commercial Fishing Permit Issuance
Subpart 1. Issuance of permits for listed species.
The commissioner may issue the permits listed in subparts 2 to 4 for the taking of listed species of fish by means and conditions and in such waters and times as may be necessary for the removal of the listed species.
Subp. 2. Class A permits.
Class A permits may be issued for the use of a hand-held implement or device used by a single operator.
Subp. 3. Class B permits.
Class B permits may be issued for:
A. permanently or temporarily installed traps in waters of the state with fish migrations;
B. the use of seines, hoop nets, and fyke nets by persons other than licensed inland commercial operators;
C. licensed inland commercial operators to fish waters other than the core waters of their assigned area;
D. licensed inland commercial operators to fish unassigned waters; or
E. licensed inland commercial operators to crib fish in waters other than where taken.
Subp. 4. Class C permits.
Class C permits may be issued for:
A. licensed inland commercial operators to fish waters assigned to other inland commercial operators;
B. licensed inland commercial operators to use gear other than seines or hoopnets; or
C. experimental, research, or special projects.
History
- Statutory Authority: MS s 97A.475; 97C.811
- History: 18 SR 83; 23 SR 348; 32 SR 1039; L 2014 c 289 s 69
Minn. R. 6260.0400 Commercial Fishing Reports
All commercial fishing operators must submit reports, on forms provided by the commissioner, on their commercial fishing activities containing all information as required by the commissioner. Issuance of licenses, contracts, or permits may be delayed until all reports have been received. The commissioner may revoke a commercial fishing license, contract, or permit of a person who fails to submit reports.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83
Minn. R. 6260.0500 Required Notification of Operations
Subpart 1. Notification of activities.
Licensed commercial operators must notify the area fisheries supervisor of each operation prior to the start of any fishing activity. If contact with the area fisheries supervisor cannot be made, the local conservation officer must be notified.
Subp. 2. Notification of lost or stolen nets.
Licensed commercial operators must notify the area fisheries supervisor on the same day of discovering any lost or stolen nets. A licensed commercial operator must report where a lost or stolen net was last known to be located. If contact with the area fisheries supervisor cannot be made, the local conservation officer must be notified.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83; 28 SR 629
Minn. R. 6260.0600 Inspection by Commissioner
Inland commercial fish operators, their helpers, records, premises, and operating sites, are subject to and must be available for supervision and inspection by the commissioner with respect to all commercial fishing activities and transactions, including the disposition of fish removed.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83
Minn. R. 6260.0700 Entry Upon or Use of Land
The licensee, permittee, or contractor must obtain any permission necessary for entry upon or use of land in connection with the fishing operations. Issuance of the license, permit, or contract is not a guarantee by the state of access to or use of land, nor does the state have any obligation to obtain permission for access or use.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83
Minn. R. 6260.0800 Disposition of Nonlicensed Species
Licensed commercial operators must use all reasonable means to avoid taking, killing, or injuring fish other than those which may be lawfully taken under their license. Fish of any kind not permitted to be lawfully taken in licensed commercial fishing operations must be immediately returned to the water.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83
Minn. R. 6260.0900 Sport Angling Equipment Restrictions
Licensed commercial operators, crew members, or any person associated with the commercial taking of fish may not possess any game fish or sport angling equipment while operating licensed commercial fishing gear or while traveling to or from the place of operation of the gear.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83
Minn. R. 6260.1000 Discovery of a Fish Kill
Upon the discovery of a fish kill, an operator must notify the area fisheries supervisor as soon as possible.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83
Minn. R. 6260.1100 Marking Uncovered Holes in Ice
Uncovered holes through the ice must be marked in accordance with part 6110.1500, subpart 5, item F. Marking signs must be obtained and placed by the operator.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83; 22 SR 292
Minn. R. 6260.1200 Proper Maintenance and Operation of Fishing Gear
Commercial fish operators must perform all measures necessary to ensure proper maintenance and operation of their fishing gear, including webbing repair of nets and daily cleaning of stationary fish trap panels.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83
Minn. R. 6260.1300 Prevention of Interference with Public Use of Waters
Commercial fish operators must make every effort to prevent interference with navigation, recreational activities, other authorized commercial fishing operations, game fish spawning areas, or other public use of the public waters in which they are operating. They may not, in their operations, materially impede or obstruct the flow of water or cause any overflow upon public or private property.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83
Minn. R. 6260.1400 Gear Specifications for Taking Rough Fish
Subpart 1. Seine specifications.
The mesh of seines may not be more than the following specifications:
A. Seine bag: three inches, stretch measure.
B. The first 300 feet of seine on each side of the bag: three inches, stretch measure.
C. The mesh in the balance of the seine: five inches, stretch measure.
Subp. 2. Hoop net specifications.
Hoop nets may not have center leads over 25 feet long nor hoops that exceed four feet in diameter. The mesh in all hoop nets, including leads, may not be over two inches stretch measure. Twine used in hoop nets, including leads, may not be smaller than size 18.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83
Minn. R. 6260.1500 Commercial Fishing on Namakan and Sand Point Lakes
Subpart 1. Species, seasons, and limits.
Whitefish and rough fish may be taken by licensed commercial operators in Namakan Lake and Sand Point Lake only from January 1 through March 15 and from May 16 through December 31.
The minimum size limit for whitefish taken by commercial fishing operations is 18 inches total length.
Subp. 2. Use of gill nets.
Gill net sections of 500 feet in length or less in Namakan Lake are considered a single net. Gill nets may not extend more that 50 meshes in depth when in operation. Gill nets may be set in connected strings of any number.
Subp. 3. Use of pound and fyke nets.
The mesh of the pound in pound and fyke nets may not exceed four inches, stretch measure.
Subp. 4. Use of submerged trap nets.
The mesh of the pound or crib of submerged trap nets may not exceed three inches, stretch measure.
Subp. 5. Restrictions on gear.
The provisions of this subpart apply to commercial gear restrictions on Namakan and Sand Point Lakes:
A. Gill nets and submerged trap nets must contain a buoy at each end of each net or string of nets and each buoy must be marked with a white flag extending not less than three feet above the water. The flag must not be less than one foot square.
B. Pound, fyke, and submerged trap nets may be set in connected strings of not more than two.
C. Licensees may not operate more than 3,500 feet of gill nets on Namakan Lake.
D. All nets must be lifted and emptied of fish at least once in every 48-hour period when set in open water and at least once in every 96-hour period, weather permitting, when set under the ice.
History
- Statutory Authority: MS s 97A.045
- History: 18 SR 83
Minn. R. 6260.1600 Commercial Fishing on Rainy Lake
Subpart 1. Species, seasons, and limits.
Whitefish and rough fish may be taken by licensed commercial operators in Rainy Lake from June 1 through December 31 subject to the specified length limits. The minimum length for whitefish taken by commercial fishing operations is 18 inches.
Subp. 2. Use of pound nets.
Pound net leads may not exceed 825 feet in length. Pound nets may be not set in connected strings of more than two.
Subp. 3. Net locations.
Nets may not be set within 500 feet of the mouth of any stream nor within that portion of Rainy Lake, including Black Bay, within the boundaries of Koochiching County under the jurisdiction of this state. Under special permit, pound, trap, or fyke nets may be set at any place within any closed area of Rainy Lake which is approved by the commissioner during the period from June 15 through April 15 for the sole purpose of taking rough fish and whitefish. Nets may not be lifted except during daylight hours.
Subp. 4. Lifting of nets.
All nets in Rainy Lake must be lifted and emptied of fish at least once in every 48-hour period, unless a longer period is granted by the commissioner.
Subp. 5. Special provisions for commercial fishing on Rainy Lake.
The provisions in this subpart apply to commercial fishing operations on Rainy Lake:
A. Monthly reports must be submitted by the tenth day of the month following the month reported to Area Fisheries Headquarters.
B. In case of the death of a licensed commercial operator during the fishing season, the operator's legal representative or successor in interest succeeds to the rights of the deceased license holder and may continue operations under the license until its expiration.
History
- Statutory Authority: MS s 97A.045
- History: 18 SR 83
Minn. R. 6260.1700 Commercial Fishing on Lake of the Woods
Subpart 1. Species, seasons, and limits.
The commercial fishing season on Lake of the Woods is January 1 through December 31.
Subp. 2. Use of fyke nets.
Fyke nets may be used as provided by Minnesota Statutes, section 97C.825, except that a lead may not exceed 300 feet in length. The size of the mesh in the crib may not be less than 2-1/2 inches nor more than four inches, stretch measure. The wings may not exceed 100 feet in length and the lead may not exceed 300 feet in length. The hoops may not exceed six feet in height.
Subp. 3. Use of staked trap nets.
The crib of staked trap nets in Lake of the Woods may not exceed 22 feet on any side with the top open and breaching the water surface. The lead may not exceed 400 feet in length.
Subp. 4. Use of pound nets.
There is no limit on the size of the crib of pound nets in Lake of the Woods. The crib must have an opening at the top breaching the water surface. The lead may not exceed 825 feet in length.
Subp. 5. Use of submerged trap nets.
Submerged trap nets in Lake of the Woods must contain a buoy at each end of each net and each buoy must be marked with a yellow or blaze orange flag displaying not less than one square foot of surface and rising not less than three feet above the water. Attached to the staff of each buoy must be an identification tag. The minimum size of the tag must be 2-1/2 inches by five-eighths inch. Each tag must have the operator's name and license number engraved upon it.
Subp. 6. Restrictions on gear used in Lake of the Woods.
The provisions in this subpart apply to commercial gear restrictions on Lake of the Woods:
A. Fyke, staked trap, and pound nets have no depth limitation, but may be set only in areas specified in the license, and may be set in strings of not more than two.
B. Commercial fishing in Lake of the Woods is prohibited within 500 feet of the mouth of any stream, within two miles of the lakeside shoreline of Pine Island, or in Four Mile Bay and Zippel Bay. In Muskeg Bay from June 20 through October 14, no portion of a net may be in water less than 15 feet deep. Along the southern shoreline of Big Traverse Bay from June 1 through October 14, no portion of a net may be in water less than 15 feet deep. Submerged trap nets may be set in strings of not more than two. Submerged trap nets may not be placed in the Northwest Angle Inlet west of a line from a point on the international boundary midway between Buckets Island and Magnuson Island; thence southeasterly to the easterly shore of Magnuson Island; thence southerly and westerly along said shore to the line between Twp. 168 N., Rge. 34 W., Sec. 23 and Sec. 24; thence south to the shore of the mainland in Twp. 168 N., Rge. 34 W, Sec. 26.
C. All nets must be lifted and emptied of fish at least once every 48-hour period in Lake of the Woods, unless a longer period is granted by the commissioner.
Subp. 7. Required reporting.
Commercial operators licensed to fish Lake of the Woods must submit monthly reports on forms provided by the commissioner for each month that commercial fishing activity takes place. The reports must be sent to the address identified on the form so that they are received by the tenth day of the month following the month that the activity took place.
Subp. 8. Apprentice license restrictions.
A person may not be issued more than one apprentice license for Lake of the Woods.
Subp. 9. Operation under two licenses.
A person may not operate under a master and a helper commercial fishing license during the same license year on Lake of the Woods.
Subp. 10. Death of commercial operator.
In case of the death of a licensed commercial operator licensed to fish Lake of the Woods, the operator's legal representative or successor in interest succeeds to the rights of the deceased license holder, and may continue operations under the license until its expiration.
Subp. 11. Required stake removal.
Within ten days after removing nets, commercial operators must remove from the lake bed all net stakes used in their operations.
History
- Statutory Authority: MS s 97A.045; 97C.811; 97C.841
- History: 18 SR 83; 23 SR 348; 32 SR 1039
Minn. R. 6260.1800 Commercial Fishing on Lake Superior
Subpart 1. Species, seasons, and limits.
The species of fish in this subpart may be taken in Lake Superior by licensed commercial operators according to this subpart.
A. Chubs, alewives, smelt, and rough fish may be taken at any time. Ciscoes may be taken from December 1 through October 31, except that ciscoes may be taken from November 1 through November 30 under a special permit approved by the commissioner.
B. Lake whitefish and round whitefish may be taken in gill, pound, or trap nets under a special permit approved by the commissioner. Incidental catch of lake and round whitefish in other commercial fishing operations may be possessed but must be reported on forms provided by the commissioner.
C. Lake trout and siscowet may not be taken by commercial fishing except by special permit. Lake trout and siscowet legally taken under permit or incidentally taken to commercial operations and dead when removed from the water may be possessed only if sealed with a tag, provided by the commissioner, affixed through the mouth and out the gill. Untagged lake trout and siscowet may not be possessed, bought, or sold by licensed commercial operators. All incidentally taken live lake trout and all untagged dead lake trout must be returned to the water immediately.
Subp. 2. Use of gill nets.
While used on Lake Superior, a tag which is not smaller than 2-1/2 inches by five-eighths inch permanently bearing the owner's name and address must be attached to one end of the gill net float line near the first float.
While used on Lake Superior, cisco nets are considered gill nets which are weighted to fish in a floating or suspended position off the bottom, and chub nets are gill nets which are weighted to fish on the bottom.
Subp. 3. Use of pound or trap nets.
Hoops and center leads of pound nets used on Lake Superior may be of any length and diameter. A trap net may not exceed six feet in height and a hoop may not exceed six feet in diameter. The webbing for pound or trap nets, including leads, may not exceed 2-1/2 inch stretch measure, or be of twine size less than 9 gauge or 70 pound strength. Pound or trap nets may not be set within one-quarter mile of the mouth of any stream unless approved by the commissioner. Pound or trap nets may not be set in harbors from May 25 through March 31, except for St. Louis Bay downstream (east) of the U.S. Highway 53 bridge, unless approved by the commissioner. Commercial operators must notify the Lake Superior Fisheries Office within 48 hours if they are unable to lift and empty pound or trap nets at least once every 48 hours. All net stakes, lines, and anchors must be removed from the lake bed within ten days of removing pound and trap nets. Commercial operators must notify the Lake Superior Fisheries Office prior to setting pound or trap nets and at the beginning of each week that pound or trap nets are used. The commissioner may deny the use of pound or trap nets during periods when such use would conflict with fisheries management activities. Pound or trap nets must be marked with a tag which is at least 2-1/2 inches by five-eighths inch permanently bearing the owner's name and address and attached to the top rope of the back side of the pound or crib. Trap nets set with anchors must have attached to the end farthest from shore one fluorescent orange or fluorescent red marker buoy constructed so that a minimum of 18 inches of buoy surface is visible above water in the absence of current or under the weight of nets and line. The number of the owner's Lake Superior commercial fishing license must be plainly marked, in black, on the marker buoy. The marker buoy must be marked with a fluorescent orange or fluorescent red flag, at least one foot square, attached to the top of a flagstaff at least five feet long, and the buoy constructed so that the flagstaff is supported in a vertical position. Each flagstaff must display one linear foot of reflective surface material immediately below the flag. All buoys and floats used in pound or trap net sets must be constructed of styrofoam, plastic, rubber, or other materials nonhazardous to navigation.
Subp. 4. Required net markings.
Gill nets, when set in Lake Superior, must be attached at each end to fluorescent orange or fluorescent red marker buoys constructed such that a minimum of 18 inches of buoy surface is visible above water in the absence of current or under the weight of nets and lines. The number of the owner's Lake Superior commercial fishing license must be plainly marked, in black, on each end marker buoy. Each end marker buoy must be marked with a fluorescent orange or fluorescent red flag, at least one foot square, attached to the top of a flagstaff at least five feet long, and the buoy must be constructed so that the flagstaff is supported in a vertical position. Each flagstaff must display one linear foot of reflective surface material immediately below the flag. In addition, the marker buoy attached to the shoreward (or westerly) end of each set must have a one foot square white flag positioned immediately below the fluorescent orange or fluorescent red flag. No other staffs or flags employed in gill net sets may be marked with fluorescent orange or fluorescent red flags. Float or trip buoys used to support suspended nets for fishing cisco must be of vinyl or PVC material measuring a minimum of 15 inches in diameter of fluorescent red or orange color. All buoys and floats used in gill net sets must be constructed of styrofoam, plastic, rubber, or other materials nonhazardous to navigation.
Subp. 5. Net limits for individual operators.
A. No more than 100,000 feet of cisco net may be licensed in Minnesota waters of Lake Superior and no more than 2,000 feet of cisco net may be allocated to an individual licensee, except as provided by Minnesota Statutes, section 97C.835.
B. No more than 100,000 feet of chub net may be licensed in Minnesota waters of Lake Superior and no more than 10,000 feet of chub net may be allocated to an individual licensee, except as provided by Minnesota Statutes, section 97C.835.
C. No more than five pound nets shall be licensed in Minnesota waters for taking smelt. Taking smelt by commercial gear is allowed only in Minnesota's Lake Superior management zone 1, referenced as "MN1" on the map posted on the Department of Natural Resources' website.
Subp. 6. Net locations.
Gill nets may not be set within one-quarter mile of the shore in the area extending from the Superior entrance to Pigeon River, except under permit issued by the commissioner. From June 1 through Labor Day, gill nets not under permit must be at least one-half mile from the entrance of marinas or public accesses. Gill nets set on the bottom may not be in water shallower than 50 fathoms if closer than one mile from the Minnesota shore and 40 fathoms if farther than one mile from the Minnesota shore except under permit.
Subp. 7. Required reporting.
Commercial fishing operators must submit a record of their commercial fishing operations for each month of the calendar year on forms provided by the commissioner. These reports must be submitted to the address identified on the form so that they are received within ten days after the end of the month for which the report is made. Reports must be made regardless of whether fish are taken and regardless of whether any fishing operations have taken place. Separate records must be kept for each pound or trap net used in Lake Superior and St. Louis Bay. Reports for pound or trap nets must include the number of game fish kept and released, and must be submitted to the Lake Superior Office by the tenth day of each month for the preceding month, whether or not pound or trap nets were fished. Special permits may require more detailed reporting as described in subpart 8 or as a condition of the permit.
Subp. 8. Permits for taking lake trout, siscowet, cisco, lake whitefish, and round whitefish.
A. Only individuals currently licensed as commercial operators on Lake Superior may apply for permits to take lake trout, siscowet, cisco, lake whitefish, and round whitefish. Applicants must apply in writing on forms provided by the commissioner. Applications must be completed in full and returned by April 15 of each year for lake trout and by October 15 of each year for cisco to the address specified on the application. Applications for lake whitefish, round whitefish, and siscowet may be submitted at any time.
B. The permittee must be present on the vessel when setting, lifting, and processing fish. The permittee must provide, on forms provided by the commissioner:
C. The number of permits within an area (zone and grid) and harvest are limited as follows:
D. The commissioner may specify conditions for permits to protect the species, including:
E. The commissioner shall consider the following criteria when making a decision on specifying conditions for a permit:
History
- Statutory Authority: MS s 14.388; 97A.045; 97A.418; 97C.041; 97C.345; 97C.811; 97C.821; 97C.835; 97C.836
- History: 18 SR 83; 20 SR 2287; 23 SR 348; 32 SR 1044; 37 SR 1664
Minn. R. 6260.1900 Commercial Fishing on Inland Mississippi River
Subpart 1. Species, seasons, and limits.
Rough fish may be taken in the Mississippi River from the St. Croix River junction to St. Anthony Falls, including the following waters:
Subp. 2.
[Repealed, 32 SR 1039]
Subp. 3.
[Repealed, 32 SR 1039]
Subp. 4.
[Repealed, 32 SR 1039]
History
- Statutory Authority: MS s 97A.045; 97C.401; 97C.811
- History: 18 SR 83; 24 SR 1849; 32 SR 1039
Minn. R. 6260.2000 Commercial Fishing on Inland Waters
Subpart 1.
[Repealed, 20 SR 2287]
Subp. 2. Assignment of fishing areas.
Licensees will be assigned an inland commercial fishing area at the time the license is issued. When it is determined that the issuance of a class B or C permit is desirable for waters which are included within the boundaries of an existing licensee's specified fishing area, that licensee will be given the first opportunity to apply for the permit, and will be considered before other applicants. When it is determined that the issuance of a contract is desirable for waters which are included within the boundaries of an existing licensee's specified fishing area, that licensee must be given first opportunity to apply for the contract, and must be considered before other applicants.
Subp. 3. Use of seines.
The mesh in the seine bag and first 150 feet of each side of the bag used in inland waters may not be larger than three inches, stretch measure. The balance of the seine may not be of mesh size larger than five inches, stretch measure. There is no limit on the depth of the seine measured perpendicularly from cork line to lead line or in the twine size or strength.
Subp. 4. Use of hoop nets.
Center leads of hoop nets used in inland waters may not exceed 25 feet in length and hoops may not exceed four feet in diameter. The webbing for the entire net may not exceed 2-3/4 inches, stretch measure, or be of twine size less than 18 gauge or 150 pound strength.
Subp. 5. Use of crib nets.
Crib net design for inland waters is at the discretion of the operator, except that mesh size in cribs may not be larger than 2-3/4 inches, stretch measure for cribbing of bullheads and three inches stretch measure for cribbing of other rough fish species, or be of twine size smaller than 18 gauge or 150 pound strength. Wooden cribs must be constructed so that the sides and bottoms have no openings larger than 1-1/4 inches for bullheads and 1-1/2 inches for other rough fish species.
Subp. 6. Restrictions on seines and hoop nets.
Seines and hoop nets used in inland commercial fishing operations must be of a design which will allow the release of nontarget species unharmed.
Subp. 7. Marking of hoop nets.
A tag having a minimum size of 2-1/2 inches by five-eighths inch and permanently bearing the name and residence address of the operator must be attached to the top side of the end hoop and near the top of a hoop net stake of hoop nets used in inland waters. Hoop net stakes must also be marked with an orange or yellow flag, at least one foot square, the upper end of which extends at least three feet above the surface of the water or ice. Hoop nets that are set in open water with anchors must be marked with white buoys of at least one gallon displacement bearing the name and residence of the operator in contrasting color.
Subp. 8. Marking of seines.
A tag having a minimum size of 2-1/2 inches by five-eighths inch and permanently bearing the name and residence address of the operator must be placed near the first float on one end of the float line of seines used in inland waters.
Subp. 9. Lifting of hoop nets.
Hoop nets must be checked not less than two times in each seven-day period during open water fishing in inland waters and not less than one time in each seven-day period when fishing under ice.
All commercial fish removal operations must be conducted during daylight hours, when feasible. The area fisheries supervisor must be notified immediately in the instance of an exception.
Subp. 10. Removal of gear.
All commercial fishing gear and equipment must be removed from inland waters at the time a license, permit, or contract becomes void. Hoop nets must be removed from the water during the period between freeze-up in the fall and ice-out in the spring.
History
- Statutory Authority: MS s 97C.345; 97C.811
- History: 18 SR 83; 20 SR 2287; 28 SR 629
Minn. R. 6260.2100 Intensity and Timing of Fishing Efforts
Licensees, permittees, or contractors must make an effort to take fish in the specified area which effort is satisfactory by the commissioner. Failure to make a satisfactory effort may be grounds for nonrenewal of the license, permit, or contract.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83
Minn. R. 6260.2200 License Revocation
Upon revocation of the license, permit, or contract, operators may not be eligible for another license, permit, or contract until one year from the date of the revocation.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83
Minn. R. 6260.2300 Commercial Fishing Areas Within Indian Reservations
Those portions of the inland commercial fishing areas and core waters established by part 6260.2400 that lie within the established boundaries of Indian reservations are not subject to the provisions of parts 6260.0100 to 6260.2400.
History
- Statutory Authority: MS s 97C.811
- History: 18 SR 83
Minn. R. 6260.2400 Description of Inland Commercial Fishing Areas
Subpart 1. Identification of inland commercial fishing areas.
The areas described in this part are established as inland commercial fishing areas. Within each area, the specified waters are hereby designated as core waters. Core waters are identified by name and county, Division of Waters identification number (Id. No.), (Township (Twp.)), (Range (Rge.)), and (Section (Sec.) number).
Subp. 2. Inland Commercial Fishing Area No. 1.
Inland Commercial Fishing Area No. 1 consists of all of Lincoln and Lyon Counties lying south of State Highway No. 19 and all of Murray County lying north of State Highway No. 30.
Subp. 3. Inland Commercial Fishing Area No. 2.
Inland Commercial Fishing Area No. 2 consists of all of Nobles, Jackson, and Cottonwood Counties plus all of Murray County lying south of State Highway No. 30.
Subp. 4. Inland Commercial Fishing Area No. 3.
Inland Commercial Fishing Area No. 3 consists of all of Watonwan and Martin Counties.
Subp. 5. Inland Commercial Fishing Area No. 4.
Inland Commercial Fishing Area No. 4 consists of all of the area that lies within a boundary line starting at the city of Montevideo; thence north on State Highway No. 29 to Chippewa County Highway No. 13; thence west across the Minnesota River and continuing west on Lac Qui Parle County Highway No. 20 to Lac Qui Parle County Highway No. 31; thence south to U.S. Highway No. 212; thence east to U.S. Highway No. 59; thence south to State Highway No. 67; thence east to State Highway No. 23; thence south to Lyon County Highway No. 10; thence east and continuing east on Yellow Medicine County Highway No. 1 to Redwood County Highway No. 7; thence north across the Minnesota River and continuing north on Renville County Highway No. 9 to the Chippewa County line; thence west to State Highway No. 23; thence north to State Highway No. 7; thence west to Montevideo, the point of beginning.
The Core Waters are the Minnesota River lying within the described boundary.
Subp. 6. Inland Commercial Fishing Area No. 5.
Inland Commercial Fishing Area No. 5 consists of all of the area that lies within a boundary line starting at the city of Paynesville; thence west on State Highway No. 23 to State Highway No. 55; thence west to the Kandiyohi County line; thence north to the Stearns County line; thence west to U.S. Highway No. 71; thence south to U.S. Highway No. 12 at Willmar; thence west to the Kandiyohi County line; thence south to the Swift County line; thence west to State Highway No. 7; thence north to State Highway No. 119 at Appleton; thence north to U.S. Highway No. 12; thence crossing U.S. Highway No. 12 and continuing north on Swift County Highway No. 5 to Swift County Highway No. 22; thence west to Big Stone County Highway No. 25 at Artichoke; thence south to State Highway No. 7 at Correll; thence west to U.S. Highway No. 75; thence south to Lac Qui Parle County Highway No. 34; thence east to State Highway No. 119; thence south to Lac Qui Parle County Highway No. 20; thence east crossing the Minnesota River and continuing east on Chippewa County Highway No. 13 to State Highway No. 29; thence south to State Highway No. 7 at Montevideo; thence east to State Highway No. 23; thence south to the Renville County line; thence east to the Meeker County line; thence north to the Stearns County line; thence east to Stearns County Highway No. 2; thence north to State Highway No. 23 at Cold Spring; thence west to Paynesville, the point of beginning.
Subp. 7. Inland Commercial Fishing Area No. 6.
Inland Commercial Fishing Area No. 6 consists of all of the area that lies within a boundary line starting at the city of Willmar; thence west on U.S. Highway No. 12 to the Swift County line; thence south to the Chippewa County line; thence west to State Highway No. 7; thence north to State Highway No. 119 at Appleton; thence north to U.S. Highway No. 12; thence crossing U.S. Highway No. 12 and continuing north on Swift County Highway No. 5 to Swift County Highway No. 22; thence west to Big Stone County Highway No. 25 at Artichoke; thence north to the Stevens County line; thence east to the Pope County line and continuing east including that portion of Camp Lake lying in Pope County, to the Kandiyohi County line and continuing east to U.S. Highway No. 7; thence south to Willmar, the point of beginning.
Subp. 8. Inland Commercial Fishing Area No. 7.
Inland Commercial Fishing Area No. 7 consists of all that area starting at the junction of Minnesota State Highway No. 19 and the South Dakota border in Lincoln County; thence east on State Highway No. 19 to U.S. Highway No. 75; thence north crossing Yellow Medicine and Lac Qui Parle counties to the junction of State Highway No. 7; thence east to the junction of Big Stone County Highway No. 25 at Correll; thence north to the Stevens County line; thence following the Stevens County line west and then north to the Grant County line and continuing north to the northern Traverse County line; thence west to the Minnesota-North Dakota state boundary; thence south to the Minnesota-South Dakota state boundary and continuing south on the border to point of beginning at the junction of Minnesota State Highway No. 19 and the South Dakota border in Lincoln County.
Subp. 9. Inland Commercial Fishing Area No. 8.
Inland Commercial Fishing Area No. 8 consists of all of Stevens, Grant, and Pope Counties excluding Reno Lake (Pope and Douglas Counties), but including Christina Lake (Grant and Douglas Counties).
Subp. 10. Inland Commercial Fishing Area No. 9.
Inland Commercial Fishing Area No. 9 consists of all of Douglas County excluding Christina Lake (Grant and Douglas Counties), but including Reno Lake (Pope and Douglas Counties).
Subp. 11. Inland Commercial Fishing Area No. 10.
Inland Commercial Fishing Area No. 10 consists of that part of Otter Tail County that lies south of a boundary line starting at the junction of State Highway No. 29 and the eastern Otter Tail County line; thence west on State Highway No. 29 to Otter Tail County Highway No. 52; thence west to State Highway No. 108 and continuing west to State Highway No. 78; thence north to Otter Tail County Highway No. 1; thence west to Otter Tail County Highway No. 3; thence crossing Otter Tail County Highway No. 3 and continuing west on Otter Tail County Highway No. 10 through Elizabeth to the western Otter Tail County line.
Subp. 12. Inland Commercial Fishing Area No. 11.
Inland Commercial Fishing Area No. 11 consists of that part of Otter Tail County bounded by a line starting at the junction of State Highway No. 29 and the eastern boundary line of Otter Tail County; thence north on the Otter Tail County line to the southern Becker County line; thence west to U.S. Highway No. 10; thence south to State Highway No. 228; thence west to Otter Tail County Highway No. 4; thence south to Otter Tail County Highway No. 35 at Vergas and continuing south to Otter Tail County Highway No. 1; thence east to State Highway No. 78; thence south to State Highway No. 108; thence east to Otter Tail County Highway No. 52 and continuing east to State Highway No. 29 and continuing east to the eastern Otter Tail County line, the point of beginning.
Subp. 13. Inland Commercial Fishing Area No. 12.
Inland Commercial Fishing Area No. 12 consists of that part of Otter Tail County bounded by a line starting at the junction of U.S. Highway No. 10 and the northern Otter Tail County line; thence west to the eastern Clay County line; thence south to the southern Clay County line; thence west to the Wilkin County line; thence south to Otter Tail County Highway No. 10; thence east to Otter Tail County Highway No. 3; thence crossing Otter Tail County Highway No. 3 and continuing east on Otter Tail County Highway No. 1 to Otter Tail County Highway No. 35; thence north to Otter Tail County Highway No. 4 and continuing north through Vergas to State Highway No. 228; thence east to U.S. Highway No. 10; thence north to the Otter Tail County line, the point of beginning.
Subp. 14. Inland Commercial Fishing Area No. 13.
Inland Commercial Fishing Area No. 13 consists of that part of Becker County west of U.S. Highway No. 59.
Subp. 15. Inland Commercial Fishing Area No. 14.
Inland Commercial Fishing Area No. 14 consists of that part of Becker County lying east of U.S. Highway No. 59 and all of Hubbard County south of Hubbard County Highway No. 9 except Steamboat Lake and all of Wadena County north of Wadena County Highway No. 9.
Subp. 16. Inland Commercial Fishing Area No. 16.
Inland Commercial Fishing Area No. 16 consists of all of Meeker, McLeod, and Sibley Counties, plus that part of Wright County that lies south of U.S. Highway No. 12 and west of State Highway No. 25.
Subp. 17. Inland Commercial Fishing Area No. 17.
Inland Commercial Fishing Area No. 17 consists of all of Sherburne and Wright Counties except that part of Wright County that lies south of U.S. Highway No. 12 and west of State Highway No. 25.
Subp. 18. Inland Commercial Fishing Area No. 18.
Inland Commercial Fishing Area No. 18 consists of all of Anoka, Ramsey, and Washington Counties, plus that part of Dakota County bounded by a line from the junction of Highway I-494 and the eastern line of Washington County; thence west on Highway I-494 to State Highway No. 56; thence south to the northern boundary of Goodhue County; thence east, including Byllesby Lake, on the Dakota-Goodhue County line to the Minnesota-Wisconsin state line.
Subp. 19. Inland Commercial Fishing Area No. 19.
Inland Commercial Fishing Area No. 19 consists of all of Hennepin County excluding that part bounded by a line starting at the junction of the eastern Carver County line and U.S. Highway No. 169; thence easterly on U.S. Highway No. 169 to State Highway No. 5; thence west to the eastern Carver County line.
Subp. 20. Inland Commercial Fishing Area No. 20.
Inland Commercial Fishing Area No. 20 consists of all of Scott and Carver Counties plus that part of Hennepin County bounded by a line starting at the junction of the eastern Carver County line and U.S. Highway No. 169; thence easterly on U.S. Highway No. 169 to State Highway No. 5; thence west to the eastern Carver County line, plus that part of Dakota county west of a line starting at the junction of Highway I-494 and the eastern Washington County line; thence west on Highway I-494 to State Highway No. 56; thence south to the northern Goodhue County line.
Subp. 21. Inland Commercial Fishing Area No. 21.
Inland Commercial Fishing Area No. 21 consists of all of Rice County except that part bounded by a line starting at the junction of the eastern LeSueur County line and Rice County Highway No. 12; thence east on Rice County Highway No. 12 to State Highway No. 60; thence west to the eastern LeSueur County line, plus that part of LeSueur County bounded by a line starting at the junction of LeSueur County Highway No. 14 and the Chicago and Northwestern railroad tracks; thence north on the Chicago and Northwestern railroad tracks to LeSueur County Highway No. 13 and continuing north on LeSueur County Highway No. 13 to LeSueur County Highway No. 12; thence west to Singing Hills Road, which courses the western end of Tetonka Lake; thence south to LeSueur County Highway No. 14; thence east to the Chicago and Northwestern railroad tracks, the point of beginning.
Subp. 22. Inland Commercial Fishing Area No. 22.
Inland Commercial Fishing Area No. 22 consists of all of LeSueur County except that part bounded by a line starting at the junction of the eastern Nicollet County line and State Highway No. 99; thence east on State Highway No. 99 to LeSueur County Highway No. 15 at Cleveland; thence south to LeSueur County Highway No. 13; thence east and south on LeSueur County Highway No. 13 to LeSueur County Highway No. 16; thence west to the northern Blue Earth County line and also excluding that part of LeSueur County bounded by a line starting at the junction of LeSueur County Highway No. 14 and the Chicago and Northwestern railroad tracks; thence north on the Chicago and Northwestern railroad tracks to LeSueur County Highway No. 13 and continuing north on LeSueur County Highway No. 13 to LeSueur County Highway No. 12; thence west to Singing Hills Road, which courses the western end of Tetonka Lake; thence south to LeSueur County Highway No. 14; thence east to the Chicago and Northwestern railroad tracks, plus that part of Rice County bounded by a line starting at the junction of the eastern LeSueur County line and Rice County Highway No. 12; thence east on Rice County Highway No. 12 to State Highway No. 60; thence west to the eastern LeSueur County line.
Subp. 23. Inland Commercial Fishing Area No. 23.
Inland Commercial Fishing Area No. 23 consists of all of Faribault, Waseca, Brown, and Blue Earth counties plus that part of LeSueur County bounded by the junction of the eastern Nicollet County line and State Highway No. 99; thence east on State Highway No. 99 to LeSueur County Highway No. 15 at Cleveland; thence south to LeSueur County Highway No. 13; thence east and south on LeSueur County Highway No. 13 to LeSueur County Highway No. 16; thence west to the northern Blue Earth County line.
Subp. 24. Inland Commercial Fishing Area No. 24.
Inland Commercial Fishing Area No. 24 consists of all of Itasca County.
Subp. 25. Inland Commercial Fishing Area No. 25.
Inland Commercial Fishing Area No. 25 consists of all of Clearwater and Beltrami Counties plus that part of Hubbard County lying north of Hubbard County Highway No. 9.
Subp. 26.
[Repealed, 32 SR 1039]
Subp. 27.
[Repealed, 32 SR 1039]
Subp. 28.
[Repealed, 32 SR 1039]
Subp. 29.
[Repealed, 32 SR 1039]
Subp. 30. Inland Commercial Fishing Area No. 30.
Inland Commercial Fishing Area No. 30 consists of all of Aitkin and Mille Lacs counties.
Subp. 31. Inland Commercial Fishing Area No. 31.
Inland Commercial Fishing Area No. 31 consists of all of Pine, Kanabec, Isanti and Chisago Counties.
Subp. 32. Inland Commercial Fishing Area No. 32.
Inland Commercial Fishing Area No. 32 consists of all of Crow Wing and Cass Counties.
Subp. 33. Inland Commercial Fishing Area No. 33.
Inland Commercial Fishing Area No. 33 consists of all of Todd, Morrison, Benton, and Stearns Counties except that part of Stearns County bounded by a line starting at the junction of Stearns County Highway No. 2 and the Meeker County line, near the community of Watkins; thence north on Stearns County Highway No. 2 to State Highway No. 23, near the community of Cold Spring; thence west on State Highway No. 23 to the junction of State Highway No. 55; thence west on State Highway No. 55 to the eastern Kandiyohi County line, plus that part of Wadena County lying south of Wadena County Highway No. 9.
Subp. 34. Inland Commercial Fishing Area No. 34.
Inland Commercial Fishing Area No. 34 consists of all of Goodhue, Wabasha, Olmsted, and Winona Counties lying north of U.S. Highway I-90.
History
- Statutory Authority: MS s 97C.811; 97C.815
- History: 18 SR 83; 23 SR 348; 32 SR 1039
Minn. R. 6260.2500 [Renumbered 6259.0100]
[Renumbered 6259.0100]
Minn. R. 6260.2600 [Renumbered 6259.0200]
[Renumbered 6259.0200]
Minn. R. 6260.2700 [Renumbered 6259.0300]
[Renumbered 6259.0300]
Minn. R. 6260.2800 [Renumbered 6259.0400]
[Renumbered 6259.0400]
Minn. R. 6260.2900 [Renumbered 6259.0500]
[Renumbered 6259.0500]
Minn. R. 6260.3000 [Renumbered 6259.0600]
[Renumbered 6259.0600]
Minn. R. 6260.3100 [Renumbered 6259.0700]
[Renumbered 6259.0700]
Minn. R. 6260.3200 [Renumbered 6259.0800]
[Renumbered 6259.0800]
Minn. R. 6260.3300 [Renumbered 6259.0900]
[Renumbered 6259.0900]
Minn. R. 6260.3400 [Renumbered 6259.1000]
[Renumbered 6259.1000]
Chapter 6262 FISHING REGULATIONS AND REQUIREMENTS
Minn. R. 6262.0100 General Restrictions on Taking Fish
Subpart 1. Angling hours.
Angling hours on all streams and rivers from Lake Superior upstream to posted boundaries, including Lake Superior tributaries with no posted boundaries, are from one hour before sunrise to one hour after sunset during the open season; provided that angling hours on the St. Louis River in St. Louis and Carlton Counties and the Pigeon River in Cook County are continuous during the open season except as provided by Minnesota Statutes, section 97C.415, subdivision 1.
Angling hours for all species on all inland waters are continuous during the open season, except as provided by Minnesota Statutes, section 97C.415, subdivision 1, and except for certain waters which are subject to experimental or special regulations.
Subp. 2.
[Repealed, L 2003 c 28 art 1 s 20]
Subp. 3.
[Repealed, 39 SR 822]
Subp. 4. Importing, transporting, or stocking live fish.
Except as provided in parts 6212.2600, subpart 3, and 6262.0600, subpart 4, and Minnesota Statutes, sections 17.4985, subdivision 3; 97C.505, subdivision 1; 97C.515, subdivision 3; 97C.525, subdivision 1; and 97C.821, a person may not import, transport, or stock in any waters of the state live fish eggs, fish spawn, or immature or adult fish of any species without a permit issued by the commissioner. An angling license does not authorize a person to import, transport, or stock live fish.
Subp. 5. Possessing fish while on state waters.
A. Fish that are taken by angling and not immediately released into the water after capture are considered to be in possession. Once a limit of fish has been reduced to possession, no culling or live well sorting (the act of replacing one fish with another one) of that species is allowed.
B. A person shall not angle for, including catch-and-release, or reduce to possession any species during its closed season.
C. Once a person or persons fishing as a party as provided in Minnesota Statutes, section 97C.317, retain a daily limit for a species, all fish of that species that are subsequently taken must be immediately released into the water after capture.
D. While on or fishing in state waters with size restrictions that differ from statewide regulations, including experimental waters, special management waters, boundary waters, or any other waters with size restrictions, all fish for which the different size restrictions apply must be undressed and measurable when in a person's possession, regardless of where taken, except under the following conditions:
E. It is unlawful for a person to have in possession, regardless of where taken, any fish in excess of or outside of the limits for that water body when fishing in that water. A person must immediately return to the water any fish that is taken by angling that is in excess of or outside the limits. This item does not apply to a person who is on an experimental or special management water and the fish were lawfully taken, have been packaged and labeled by a licensed fish packer, are to be prepared for a meal while on the ice or shore of that water body, and do not otherwise exceed the statewide possession limits.
F. A person who is in transit on the water, taking the most direct route back to the person's lodging or docking, and not fishing, may possess fish outside of or in excess of the limits for that water body, if the species were legally taken from connected waters.
Subp. 6. Angling tackle.
A. For purposes of this subpart, "hook" means a single hook or multiple hook, such as a treble hook. An angler may have up to three single or multiple hooks on a line used as a single tackle configuration attached to the end of a fishing line. The total configuration measured along the fishing line or tackle configuration between the first hook and the last hook must not exceed 18 inches. A single live, artificial, preserved, or dead bait is allowed. This configuration is not considered an artificial bait or fly.
B. An angler may have one additional hook on a line as part of an artificial bait as long as it is within three inches of the artificial bait.
C. Except for a single artificial bait or three artificial flies, an angling rig with more than one hook is not allowed on designated trout streams and lakes.
Subp. 7. Spawn bags.
Spawn bags may be bought or sold only if the bags are made with:
A. fish eggs from a licensed aquaculture facility; or
B. fish eggs that are:
Subp. 8. Hook-setting devices.
An angler fishing through the ice may take fish with a nonmotorized device that sets the hook using the force of a spring device or the force of a fishing pole that is released from a bent position when a fish takes the hook. An angler fishing through the ice may not use a device capable of automatically reeling or spooling the fishing line or otherwise capable of automatically retrieving a hooked fish.
History
- Statutory Authority: MS s 14.388; 84.027; 84D.05; 84D.09; 84D.10; 84D.11; 84D.13; 86B.121; 97A.031; 97A.045; 97A.401; 97A.418; 97A.445; 97A.505; 97A.510; 97A.551; 97C.001; 97C.005; 97C.041; 97C.085; 97C.205; 97C.315; 97C.325; 97C.345; 97C.355; 97C.395; 97C.401; 97C.415; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 19 SR 2222; 20 SR 2287; L 2003 c 28 art 1 s 20; 28 SR 629; 30 SR 394; 32 SR 1044; 33 SR 1334; 35 SR 138; 36 SR 435; 38 SR 787; 39 SR 822; 50 SR 176
Minn. R. 6262.0200 Fishing Regulations for Inland Waters
Subpart 1. General inland fishing regulations.
Fish may be taken in inland waters by angling during the time specified for each of the following species; however, certain waters of the state are subject to experimental or special regulations or are closed for taking and possessing fish. When the closing date of a season falls on a Saturday, the season extends through the following Sunday.
Subp. 2. Taking smelt from inland waters.
Rainbow smelt may be taken by licensed anglers and those exempt from licensing at any time by angling and dip net. Smelt may be taken in inland lakes by minnow seines, not more than 25 feet in length or four feet in depth. Seines may not be used within 100 feet of any outlets or mouths of any stream that empty into or out of Grindstone Lake, Pine County. Live smelt may not be possessed or transported.
History
- Statutory Authority: MS s 14.388; 84.027; 97A.045; 97C.005; 97C.025; 97C.041; 97C.045; 97C.325; 97C.371; 97C.375; 97C.395; 97C.401; 97C.405; 97C.411; 97C.415; 97C.811; L 2014 c 290 s 62,63,64,66
- History: 18 SR 83; 19 SR 2222; 20 SR 2287; 22 SR 292; 23 SR 348; 23 SR 373; 24 SR 1849; 25 SR 1964; 27 SR 1017; 30 SR 394; 32 SR 1039; 34 SR 1165; 35 SR 1396; 37 SR 1664; 39 SR 5; 39 SR 486; 39 SR 822; 42 SR 250; 49 SR 683; 50 SR 764
Minn. R. 6262.0300 Fishing Regulations for Lake Superior and Tributaries
Subpart 1. General Lake Superior fishing regulations.
Fish may not be taken in Lake Superior except as provided by this part or under permit.
Subp. 2. Number of lines allowed.
No more than two lines with one bait attached to each line may be used to take fish on Lake Superior, except that only one line may be used within 100 yards of the mouth of any flowing stream.
Subp. 3. Transportation restrictions.
While on any portion of the Minnesota waters of Lake Superior, a person licensed to take fish by angling or as otherwise authorized by Minnesota, Wisconsin, Michigan, or the province of Ontario, may not possess or transport more than the daily limit of fish allowed under any one but not more than one of their licenses.
Subp. 4. Taking smelt from Lake Superior.
Smelt may be taken by licensed anglers from Lake Superior and tributary streams subject to the following provisions:
A. smelt may be taken with the use of dip nets and minnow seines not more than 25 feet in length nor more than four feet in depth. Seines may not be used in any stream, except the St. Louis River, and seines may not be used in Lake Superior within 100 feet of the mouth of any stream;
B. live smelt may not be possessed or transported; and
C. taking of smelt at any time is prohibited in the following streams tributary to Lake Superior:
Subp. 5. Prohibition on taking fish for bait purposes.
A. Except as provided in this subpart, taking fish for bait purposes from all Minnesota waters of Lake Superior and all waters of the St. Louis River downstream of the Fond du Lac Dam in St. Louis and Carlton Counties, including any and all outflows, estuaries, streams, creeks, or waters adjacent to or flowing into these waters, is prohibited.
B. Notwithstanding Minnesota Statutes, sections 84D.03, subdivision 3, and 97C.341, paragraph (b), eggs from legally taken and possessed trout harvested from Lake Superior or its tributaries below the posted boundaries may be used to make spawn bags for bait as provided in this item and as authorized in Minnesota Statutes, section 97C.341, paragraph (a). Spawn bags may be used only in Lake Superior and its tributaries below the posted boundaries and may be transported to and from Lake Superior or its tributaries below the posted boundaries.
C. Notwithstanding Minnesota Statutes, section 84D.03, subdivision 3, and as provided in Minnesota Statutes, section 97C.341, paragraph (c), cisco or rainbow smelt may be taken for use as bait from Lake Superior or its tributaries below the posted boundaries, except those streams listed in subpart 4, item C. The cisco and rainbow smelt may be used only on Lake Superior or its tributaries below the posted boundaries, as fresh, dead, frozen, or preserved bait. Preserved cisco and smelt may be used as prescribed in part 6262.0576 on all waters of the state.
Subp. 6. Lake Superior and tributaries open season, daily and possession limits.
Angling season and daily and possession limits for Lake Superior are as follows:
All other species may be taken as allowed by inland regulations, except that for the St. Louis River downstream of the Minnesota Highway 23 bridge, part 6266.0500 applies.
Subp. 7. Single hook restrictions.
Only a single hook per rod may be used for angling below the posted boundaries in tributaries to Lake Superior, except in the Pigeon River (Cook County), and the St. Louis River (St. Louis and Carlton Counties). "Single hook" does not include a treble or double hook, stinger hook, or lure with multiple single hooks or more than one hook on any type of drop line or at the end of the line.
History
- Statutory Authority: MS s 14.388; 84.027; 97A.045; 97C.025; 97C.315; 97C.341; 97C.395; 97C.401; 97C.415; 97C.811; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484; 19 SR 2222; 22 SR 292; 23 SR 348; 28 SR 629; 35 SR 1396; 37 SR 1664; 38 SR 787; 39 SR 822; 39 SR 1619; 50 SR 176
Minn. R. 6262.0400 [Renumbered 6264.0050]
[Renumbered 6264.0050]
Minn. R. 6262.0500 Waters Closed to Taking Fish
Subpart 1. Waters permanently closed to taking fish.
The following waters or designated portions are closed to the taking of all fish at all times, except by permit according to part 6260.0300, subpart 1, and Minnesota Statutes, section 97C.041:
A. Aitkin County: Sandy Lake, within 300 feet below the Federal Dam, S.25, T.50, R.24.
B. Anoka and Ramsey Counties: Wilkinson Lake, including inlet and outlet channels, S.4,5,9, T.30, R.22; S.34, T.31, R.22.
C. Cass County: Thunder Creek at the outlet of Thunder Lake, within 500 feet below the dam, S.10, T.140, R.26.
D. Cass and Itasca Counties: Winnibigoshish Lake, within 300 feet below the Federal Dam, S.25, T.146, R.27.
E. Dakota and Washington Counties: Mississippi River, within 150 feet below the Federal Dam at Hastings, S.21, T.115, R.17.
F. Douglas and Grant Counties: Lake Christina, S.3-11,17,18, T.130, R.40 and S.1,12,13, T.130, R.41.
G. Goodhue County: Mississippi River, within 150 feet below U.S. Lock and Dam No. 3 near Red Wing, S.10, T.113, R.15; except that fishing from shore within 150 feet below the lock and dam and from boats that remain outside the 150-foot restricted zone is permitted.
H. Hennepin County: Mississippi River, within 150 feet below the St. Anthony Falls Dam at Minneapolis, S.23, T.29, R.24.
I. Hennepin and Ramsey Counties: Mississippi River, within 150 feet below U.S. Lock and Dam No. 1 (Ford Dam), between Minneapolis and St. Paul, S.17, T.28, R.23.
J. Houston County: Mississippi River, within 150 feet below U.S. Lock and Dam No. 8 near Reno, S.7, T.101, R.3; except that fishing from shore within 150 feet below the lock and dam and from boats that remain outside the 150-foot restricted zone is permitted.
K. Itasca County:
L. Itasca and Cass Counties: Winnibigoshish Lake. See Cass and Itasca Counties for area closed.
M. Otter Tail County:
N. Ramsey County:
O. Ramsey and Anoka Counties: Wilkinson Lake, including inlet and outlet channels. See Anoka and Ramsey Counties.
P. Ramsey and Hennepin Counties: Mississippi River. See Hennepin and Ramsey Counties for area closed.
Q. St. Louis County:
R. St. Louis and Carlton Counties: St. Louis River, from the Fond du Lac Dam downstream for one-half mile to the Minnesota-Wisconsin boundary cable, S.6, T.48, R.15.
S. Wabasha County: Mississippi River, within 150 feet below U.S. Lock and Dam No. 4 near Kellogg, S.17, T.110, R.9; except that fishing from shore within 150 feet below the lock and dam and from boats that remain outside the 150-foot restricted zone is permitted.
T. Washington and Dakota Counties: Mississippi River. See Dakota and Washington Counties for area closed.
U. Winona County: Mississippi River, within 150 feet below the following U.S. Locks and Dams: No. 5, S.17, T.108, R.8; No. 5A, S.9, T.107, R.7; No. 6, S.8, T.106, R.5, near Winona; and No. 7, S.28, T.105, R.4, near Dresbach; except that fishing from shore within 150 feet below these locks and dams and from boats that remain outside the 150-foot restricted zone is permitted.
V. Lake and St. Louis Counties: Knife River from the U.S. Highway 61 bridge in S.36, T.52, R.12, downstream to the cable below the Knife River fish trap in S.31, T.52, R.11 and S.36, T.52, R.12.
W. Morrison County: Mississippi River, Zebulon Pike Reservoir's portion known as Musky Bay T.138, R.30, S.1 E1/2 of NE1/4.
Subp. 2. Waters seasonally closed to taking fish.
The following waters in the portions designated are closed to the taking of all fish during the periods specified:
A. Cook County:
B. St. Louis and Carlton Counties:
C. Sherburne County: Elk River, S.33, T.33, R.26, for a distance of 1,000 feet below the power dam at the city of Elk River. The dates of closure are November 1 to the third Sunday in February.
D. Cass County: the Gull River from the United States Army Corps of Engineers dam (Government Lot 1, S.20, T.134N, R.29W) downstream 250 feet. The closure is from the Saturday two weeks prior to the Saturday of Memorial Day weekend to the Friday before Memorial Day.
E. Goodhue County:
F. Wabasha County: Mississippi River, within 300 feet below Lock and Dam 4 at Alma, Wisconsin, S.17,20, T.110, R.9. The closure is from March 1 to April 30.
Subp. 2a. Waters closed to possessing fish.
The following waters have restrictions on the possession of fish:
A. Eagle Creek in Scott County: S.7,18, T.115N, R.21W, and S.13, T.115N, R.22 (south of State Highway 101 to the source of the east and west branches that are west of State Highway 13) is closed to the possession of trout.
B. Crawford Lake in Wright County: S.20, T.119N, R.25W, is closed to the possession of largemouth bass. The daily and possession limit for sunfish is five, for crappie is five, for walleye is two, and for yellow perch is ten.
D. [Repealed, 27 SR 1313]
Subp. 3.
[Repealed, 19 SR 2222]
Subp. 4. Waters with seasonal restrictions on taking fish and motorboat operations.
A. Waters or portions of waters designated as spawning beds or fish preserves under chapter 6264 may be posted closed to the taking of fish or posted to restrict motorboat operations based on:
B. Waters or portions of waters being used by the commissioner for research or management activities may be posted closed to the taking of fish or posted to restrict motorboat operations if necessary to prevent:
C. Notice of closures or restrictions under this subpart shall be posted at all public access sites and on the Department of Natural Resources website no less than 48 hours prior to the effective date. The posting shall include a description of the closure or restriction and associated dates.
History
- Statutory Authority: MS s 84D.05; 84D.09; 84D.10; 84D.11; 84D.13; 86B.121; 97A.031; 97A.045; 97A.101; 97A.401; 97A.418; 97A.505; 97A.510; 97A.551; 97C.001; 97C.005; 97C.085; 97C.205; 97C.315; 97C.325; 97C.345; 97C.395; 97C.401; 97C.801
- History: 18 SR 83; 19 SR 2222; 20 SR 2287; 22 SR 292; 23 SR 348; 24 SR 1849; 27 SR 1313; 28 SR 629; 32 SR 1039; 33 SR 1442; 36 SR 435; 37 SR 1664; 39 SR 822
Minn. R. 6262.0575 Waters with Restrictions on Taking Fish
Subpart 1. Treaty lakes.
The commissioner may modify seasons and limits under Minnesota Statutes, section 84.027, subdivision 13, or sections 97A.0451 to 97A.0459, to accommodate tribal declarations for fish harvest in the 1837 Ceded Territory in compliance with the court ruling in Mille Lacs Band of Chippewa v. Minnesota, 119 S.Ct. 1187 (1999). Changes shall be posted at water access sites and the Department of Natural Resources website.
Subp. 2. Inland waters of Mississippi River pool 3.
While on or fishing in the following waters, the limits and seasons in items A to J apply.
A. The walleye and sauger daily and possession limit is four in aggregate. All walleye must be 15 inches or greater in length. Only one walleye or sauger may be 20 inches or greater in length.
B. The largemouth and smallmouth bass daily and possession limit is five in aggregate, and all must be 14 inches or greater in length.
C. The northern pike daily and possession limit is three, and only one may be 30 inches or greater in length.
D. The white and yellow bass daily and possession limit is ten.
E. The sunfish daily and possession limit is 15.
F. The yellow perch daily and possession limit is 15.
G. The crappie daily and possession limit is 15.
H. The channel catfish and flathead catfish daily and possession limit is ten in aggregate, and only one may be 30 inches or greater in length.
I. The muskellunge daily and possession limit is one, and all muskellunge must be 50 inches or greater in length.
J. The muskellunge season is from the Saturday nearest Memorial Day through November 30. The flathead catfish season is April 1 through November 30. Seasons for channel catfish, walleye, sauger, largemouth bass, smallmouth bass, white bass, yellow bass, sunfish, crappie, and yellow perch is continuous.
Subp. 3.
[Repealed, 50 SR 764]
Subp. 4.
[Repealed, 30 SR 904]
Subp. 5. Minnows in southwestern counties.
A person shall not take minnows for personal use, except by angling, from a stream, stream tributary, sidechannel, oxbow, backwater, or other seasonally or permanently connected water of the Missouri River watershed that is in Lincoln, Pipestone, Murray, Rock, or Nobles County and that lies south of U.S. Highway 14 to the Iowa border and west of U.S. Highway 59 to the South Dakota border. These waters include, but are not limited to, Medary Creek, Flandreau Creek, East Branch Flandreau Creek, Willow Creek, Pipestone Creek, North Branch Pipestone Creek, Split Rock Creek, Beaver Creek, Little Beaver Creek, Springwater Creek, Rock River, East Branch Rock River, Ask Creek, Little Rock River, Little Rock Creek, Kanaranzi Creek, Norwegian Creek, East Branch Kanaranzi Creek, Elk Creek, Champepadan Creek, Mound Creek, Poplar Creek, Chanarambie Creek, North Branch Chanarambie Creek, and Mud Creek.
Subp. 6. Minnows in south-central counties.
A person may not take for personal use any tadpole madtoms (Noturus gyrinus) or stonecats (Noturus flavus), except by special permit, from a stream, stream tributary, side channel, oxbow, backwater, or other seasonally or permanently connected water that is in Dodge, Freeborn, or Mower County.
Subp. 7.
[Repealed, 37 SR 1431]
Subp. 8. Annie Battle Lake including inlets and outlets.
While a person is on or angling in the following waters, the daily and possession limit for black crappie is five and sunfish is five. Angling for largemouth bass and smallmouth bass is limited to catch and release only, whereby any largemouth bass or smallmouth bass caught must be immediately returned to the water. Catch-and-release angling for largemouth bass and smallmouth bass is legal during the open season for these species in inland waters. It is unlawful for anyone to have in possession, regardless of where taken, any largemouth bass or smallmouth bass while on or angling in the following waters. While on or fishing in the following waters, angling for northern pike is limited to catch and release only, whereby any northern pike caught must be immediately returned to the water. Catch-and-release angling for northern pike is legal during the open season for this species in inland waters. It is unlawful for anyone to have in possession, regardless of where taken, any northern pike while on or fishing in the following waters. A person may not possess a motorized ice auger or electronic fish finding devices while on or fishing in the following waters. Electronic fish finding devices include depth finders; fish finders; underwater videos or cameras; sonars; global positioning systems; and temperature, oxygen, and pH meters.
Subp. 9. Largemouth bass and northern pike catch-and-release regulations.
While on or fishing in the following waters, angling for largemouth bass and northern pike is limited to catch and release only, whereby any largemouth bass and northern pike caught must be immediately returned to the water. Catch-and-release angling for largemouth bass and northern pike is legal during the open season for these species in inland waters. It is unlawful for anyone to have in possession, regardless of where taken, any largemouth bass or northern pike while on or fishing in these waters.
Subp. 10. Black Bass Lake.
While on or angling in the following waters, the daily and possession limit for sunfish is five and angling for northern pike and largemouth bass is limited to catch and release only, whereby any northern pike or largemouth bass caught must be immediately returned to the water. A person may not possess a motorized ice auger or electronic fish finding devices while on or fishing in the following waters. Electronic fish finding devices include depth finders; fish finders; underwater videos or cameras; sonars; global positioning systems; and temperature, oxygen, and pH meters.
Subp. 11. Sunfish and crappie possession limits and catch-and-release fishing for northern pike and largemouth bass.
While a person is on or fishing in the following waters, the daily and possession limit for sunfish is ten and for crappie is five and fishing for northern pike and largemouth bass is limited to catch and release only, whereby any northern pike or largemouth bass caught must be immediately returned to the water. Catch-and-release fishing for northern pike and largemouth bass is legal during the open season for these species in inland waters. It is unlawful for anyone to have in possession, regardless of where taken, any northern pike or largemouth bass while on or fishing in the following waters.
Subp. 12. Rochester Area Lakes regulations.
A. The Rochester Area Lakes are the ten waters listed in item C. Daily and possession limits provided in item B apply to the ten waters listed in item C as a whole.
B. While a person is on or fishing in the Rochester Area Lakes:
C. The Rochester Area Lakes are all in Olmsted County and include the following waters:
Subp. 13. Lester Lake catch-and-release regulations.
While a person is on or angling in the following waters, angling is limited for all species to catch and release only, whereby any species that are caught must be immediately returned to the water.
Subp. 14. La Salle Lake.
While a person is on or angling in the following waters, the daily and possession limit for black crappie is five, for sunfish is five, for yellow perch is ten, for walleye is two, and for northern pike is one. Angling for largemouth bass and smallmouth bass is limited to catch and release only, whereby any largemouth bass or smallmouth bass caught must be immediately returned to the water. Catch and release angling for largemouth bass and smallmouth bass is legal during the open season for these species in inland waters. It is unlawful for anyone to have in possession, regardless of where taken, any largemouth bass or smallmouth bass while on or angling in the following waters.
History
- Statutory Authority: MS s 14.386; 84.027; 97A.045; 97A.101; 97C.001; 97C.005; 97C.025; 97C.325; 97C.401; L 2015 1Sp4 art 5 s 30
- History: 24 SR 1849; 28 SR 629; 30 SR 904; 32 SR 1039; 37 SR 1431; 39 SR 822; 40 SR 826; 42 SR 250; 50 SR 764
Minn. R. 6262.0576 Bait Restrictions
Subpart 1. Definitions.
For purposes of this part:
A. "cisco" means all Coregonus, including lake herring and tullibee;
B. "restricted bait" means fresh, live, dead, frozen, or preserved cisco, smelt, or VHS susceptible species;
C. "smelt" means all Osmerus, Spirincus, Hypomesus, and Allosmerus; and
D. "VHS susceptible species" means species on the VHS-susceptible-species list as defined in Minnesota Statutes, section 17.4982, subdivision 21b.
Subp. 2. Possession and use.
A. A person may take, possess, and use restricted bait on Lake Superior or its tributaries below the posted boundaries.
B. A person shall not take, possess, or use restricted bait in water bodies other than Lake Superior or its tributaries below the posted boundaries unless:
C. Item B does not apply to licensed minnow dealers, aquatic farms, or private fish hatcheries when taking, possessing, or transporting minnows in compliance with Minnesota Statutes, section 97C.342.
Subp. 3. Labeling requirements.
A. Restricted bait harvested for personal use does not require labeling until it leaves the source water body.
B. Restricted bait harvested by a person for personal use as dead or frozen bait must be labeled with:
C. Restricted bait harvested under a minnow dealer license for use as dead or frozen bait must be labeled according to Minnesota Statutes, section 97C.342, subdivision 7.
D. Preserved restricted bait must be labeled according to part 6262.0577, subpart 4.
E. A person must retain the required labeling until the restricted bait is no longer in the person's possession.
Subp. 4. Permit required to preserve cisco and smelt.
A person must obtain a bait preservation permit under part 6262.0577 to preserve cisco and smelt for use as bait in waters of the state.
Subp. 5. Cisco or smelt for consumption.
Notwithstanding part 6262.0300, subpart 5, and Minnesota Statutes, sections 84D.03, subdivision 3, 84D.11, subdivision 2a, and 97C.341, cisco or smelt may be taken and transported dead for personal consumption.
History
- Statutory Authority: MS s 14.388; 97A.045; 97C.341
- History: 39 SR 1619; 50 SR 175
Minn. R. 6262.0577 Bait Preservation
Subpart 1. Permit required to preserve bait.
A. For purposes of this part, "bait" has the meaning given under Minnesota Statutes, section 97C.341, paragraph (b).
B. A person must obtain a bait preservation permit to preserve bait for use in waters of the state if the bait is:
C. Only persons with a minnow dealer, minnow retailer, aquatic farm, private fish hatchery, commercial netting of fish, fish packer, or Lake Superior fishing guide license issued by the commissioner are eligible for a bait preservation permit.
Subp. 2. Preservation methods.
Preservation methods that are permitted include use of isopropyl alcohol, a salt and borax mixture, or other methods determined by the commissioner to effectively inactivate the viral hemorrhagic septicemia (VHS) virus. Freezing or refrigeration is not an approved preservation method. Methods may include a minimum processing time to ensure complete inactivation of the virus. A permittee, or out-of-state person working under a permittee under subpart 5, must follow all preservation procedures prescribed in the permit and may not distribute or sell preserved bait until all permit requirements are met.
Subp. 3. Reporting requirements.
A holder of a bait preservation permit must maintain records within the state on forms provided by the commissioner for each lot of fish preserved. The records must include the method of preservation, the lot number for each batch of fish preserved, the source water body of the fish preserved, and other information as specified on the reporting form. A permittee must enter required records into forms within 24 hours of processing each lot of fish. A permittee must retain records for three years following the date of creation. All records required to be retained must be open to inspection by the commissioner at any reasonable time.
Subp. 4. Labeling requirements.
A bait preservation permittee must label each container or package of preserved bait with the following information:
A. Department of Natural Resources bait preservation permit number;
B. lot number; and
C. date of processing.
Subp. 5. Out-of-state preservation.
Persons located outside the state may preserve bait for use in Minnesota waters only under a permit held by a Minnesota resident age 16 years or older. Complete preservation records must be created for each lot of fish preserved. The records must be transferred to the permit holder prior to or along with shipment of the product. The permit holder must retain the records as provided in subpart 3. A permittee is responsible for ensuring that all persons working under the permittee's permit preserve, report, and label as prescribed by the bait preservation permit.
History
- Statutory Authority: MS s 14.388; 97C.341
- History: 39 SR 1619; 50 SR 175
Minn. R. 6262.0600 Seasons and Methods for Taking Rough Fish
Subpart 1. Generally.
Rough fish may be taken according to Minnesota Statutes, sections 97C.345, 97C.371, and 97C.375.
Subp. 1a. Taking by harpooning or dip net.
Rough fish may be taken as described in items A and B from May 1 through the Sunday before the third Monday in February between sunrise and sunset in all inland waters, except where the taking of fish is otherwise prohibited by law or rule.
A. Rough fish may be taken by harpooning with a rubber powered gun, spring gun, or compressed air gun. Harpooning equipment may not be used within 1,000 feet of an established swimming beach. Harpooning equipment may be discharged only when both the equipment and operator are entirely beneath the surface of the water and may not be carried in a cocked position while out of the water.
B. Rough fish may be taken by means of hand-held dip nets having a diameter not exceeding 24 inches.
Subp. 1b. Taking by spear.
Rough fish may be taken by hand-held spears in open water or through the ice. The season for taking rough fish by hand-held spears is from the last Saturday in April up to but not including the third Monday in February. The season is closed from the third Monday in February to the Friday before the last Saturday in April. A person may possess a spear on or near waters between sunrise and sunset during the open season.
Subp. 1c. Taking suckers.
Suckers may be taken by spearing from the last Saturday in April through the last Sunday in February. The season is closed from the Monday following the last Sunday in February to the Friday before the last Saturday in April. A person may possess a spear on or near waters between sunrise and sunset during the open season.
Subp. 1d. Taking by archery.
Rough fish may be taken by archery, provided that the arrows used have a barb and are tethered or controlled by an attached line. Use of crossbows is prohibited, except as provided under Minnesota Statutes, section 97B.106.
Subp. 2.
[Repealed, 37 SR 1664]
Subp. 3. Possessing and using bullheads 7.0 to 10.0 inches for bait.
A. As described in this subpart, up to 100 bullheads greater than 7.0 inches and equal to or less than 10.0 inches may be taken, possessed, and held for use as live bait.
B. Bullheads taken under this subpart may be taken from the wild by:
C. Bullheads taken under this subpart are considered part of the daily and possession limits in parts 6262.0200, subpart 1, item P, and 6262.0650, item C.
D. Bullheads taken under this subpart must be transported in a container with a locking lid or other device to prevent escape. Release of the live bullheads into the wild is not allowed.
E. A person transporting or holding bullheads under this subpart must allow inspection of the bullheads by the commissioner at any time.
F. A person may not transport live bullheads under this subpart across the borders into Minnesota without an appropriate commercial license and transportation permit.
Subp. 4. Transportation restrictions.
Live bullheads, regardless of size, may not be transported north of State Highway 210.
Subp. 5. Sale of fish over 12 inches.
White suckers that are over 12 inches and have been legally purchased from a licensed commercial vendor may be transported alive. The person transporting these fish must have the sales receipt on their person. The sales receipt must show the date and time of purchase.
History
- Statutory Authority: MS s 14.388; 97A.045; 97A.551; 97B.106; 97C.001; 97C.041; 97C.205; 97C.315; 97C.345; 97C.371; 97C.375; 97C.381; 97C.401; 19 SR 6
- History: 18 SR 83; 19 SR 484; 23 SR 348; 31 SR 745; 32 SR 1039; 35 SR 138; 37 SR 1664; 38 SR 787; 39 SR 822
Minn. R. 6262.0650 Daily and Possession Limit of Rough Fish Taken by Spearing, Harpooning, Archery, and Dip Nets
Daily and possession limits of rough fish taken by spearing, harpooning, archery, and dip nets are:
A. suckers, 50;
B. redhorse, 50;
C. bullheads, 100; and
D. other species, no limit.
History
- Statutory Authority: MS s 97C.041; 97C.345; 97C.375; 97C.381; 97C.401
- History: 18 SR 83; 23 SR 348
Minn. R. 6262.0700 Restrictions on Taking Rough Fish
Except as provided by Minnesota Statutes, section 97C.345, rough fish may not be taken by spearing, harpooning, archery, or dip netting in any designated trout stream or lake, posted spawning area, or any water where spawning, trapping, or hatchery operations are being carried on.
History
- Statutory Authority: MS s 97C.041; 97C.345; 97C.375; 97C.381; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484
Minn. R. 6262.0750 Prohibition on Returning Rough Fish to Waters
Rough fish taken by spearing, harpooning, or archery may not be returned to the water and rough fish may not be left on the banks of any water of the state.
History
- Statutory Authority: MS s 97C.375; 97C.381; and others at 19 SR 6
- History: 18 SR 83; 19 SR 484
Minn. R. 6262.0800 Open Seasons for Netting Whitefish and Ciscoes
Subpart 1. Schedules designating open seasons for certain waters.
The waters listed in each of the following schedules will be open during the designated seasons to the netting of whitefish and ciscoes. Unless otherwise indicated, the names of the bodies of water refer to lakes.
Subp. 2. Schedule I.
All bodies of water listed in this schedule may be opened and closed on a 48-hour notice posted at lake accesses and other public places based on a determination of the following:
A. the abundance of game fish;
B. climatic conditions that affect the vulnerability of game fish to accidental harvest; and
C. the abundance of whitefish or ciscoes.
Subp. 3. Schedule II.
All bodies of water listed in this schedule are open during the dates indicated by one of the following symbols:
A = Third Friday of October through the second Sunday of December;
B = First Friday of November through the second Sunday of December; or
C = Second Friday of November through the second Sunday of December.
Subp. 4.
[Repealed, 23 SR 348]
Subp. 5. Special restrictions for Leech Lake Reservation.
The seasons, daily, and possession limits for the taking of fish from bodies of water within the Leech Lake Reservation for noncommercial purposes shall be the same as the statewide regulations, except whitefish which shall have a daily and possession limit of 25 and cisco which shall have a daily and possession limit of 50. These limits do not apply to band or tribal members possessing a valid band fishing identification permit.
History
- Statutory Authority: MS s 84.027; 97A.045; 97C.345; 97C.395; 97C.401; 97C.805; 19 SR 6; L 2021 1Sp6 art 2 s 77
- History: 18 SR 83; 19 SR 484; 19 SR 2222; 20 SR 2287; 23 SR 348; 24 SR 1849; 28 SR 629; 32 SR 1039; 39 SR 822; 49 SR 10
Minn. R. 6262.0850 Time Restrictions on Taking Whitefish and Ciscoes
Gill nets for taking whitefish and ciscoes may not be set after sunset or raised before sunrise. All gill nets must be operated only by the licensee. Gill nets must be tended at least once every 24 hours. A person may use only one gill net.
History
- Statutory Authority: MS s 97C.345; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6262.0900 [Repealed, 32 SR 1039]
[Repealed, 32 SR 1039]
Minn. R. 6262.1000 Special Fish Management
Subpart 1.
[Repealed, 49 SR 1416]
Subp. 2. Special fish management species.
The following is a special fish management species and requires an endorsement:
Lake sturgeon (Acipenser fulvescens).
Subp. 3. Endorsement requirements.
A person may not possess a special fish management species unless the person has a valid endorsement for that species. An endorsement is not required to angle for a special fish management species.
Subp. 4. Eligibility.
A person applying for a special fish management endorsement must either possess a valid fishing license or be specifically exempt by law from the fishing license requirement. A person exempt by law from the fishing license requirement must still obtain an endorsement to legally possess a special fish management species.
Subp. 5.
[Repealed, 49 SR 1416]
Subp. 6. Validation.
A. Immediately after reducing a special fish management species to possession, an endorsement holder must validate their license. An endorsement holder may not validate a special fish management species that the endorsement holder did not personally catch.
B. To validate a license, the endorsement holder must indicate:
C. A validated license must remain with a special fish management species until the fish is consumed or processed.
Subp. 7. Registration.
A special fish management species must be registered electronically or at a registration agent within 48 hours of reducing it to possession.
History
- Statutory Authority: MS s 84.027; 97A.485; 97C.085; 97C.087
- History: 32 SR 1039; 49 SR 1416
Minn. R. 6262.3000 License Requirements for Lake Superior Fishing Guides
License applicants must be at least 18 years of age at the time the license is issued and possess a valid United States Coast Guard operator's license appropriate for the watercraft to be used. Applications are available from the License Bureau and must be submitted to the Lake Superior Area Fisheries Supervisor.
History
- Statutory Authority: MS s 97C.311; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6262.3050 Required Record Keeping
Licensed Lake Superior fishing guides must keep accurate records on forms provided by the commissioner. Records must be kept on a monthly basis and must be submitted by the licensee so that they are received by the Lake Superior area fisheries supervisor on or before the tenth day of each month for the preceding month. Records must be submitted whether or not the licensee engaged in guiding during the reporting month, except that records need not be submitted for the months of November through April unless the licensee has engaged in guiding during those months.
Failure to submit any required records three times or more in a two-year period will invalidate any subsequent application for licensure as a guide for up to a three-year period, upon determination by the commissioner.
History
- Statutory Authority: MS s 97C.311; and others at 19 SR 6
- History: 19 SR 484; 23 SR 348
Minn. R. 6262.3100 Required Marking of Fish Nets
Fish nets, including minnow seines used by minnow dealers, must be marked, as provided by Minnesota Statutes, section 97C.351, as follows:
A. pound nets must be marked on the top rope of the back side of the pound or crib;
B. fyke nets must be marked on the top side of the end hoop opposite the lead;
C. hoop nets must be marked on the top side of an end hoop;
D. seines must be marked on one end of the float line near the first float; and
E. gill nets must be marked on one end of the float line near the first float. One end of the gill net must have a pole, stake, or buoy projecting at least two feet above the surface of the water or ice. Tags for marking nets must be of a minimum size of 2-1/2 inches by five-eighths inch and must be provided by the owner or operator of the nets.
History
- Statutory Authority: MS s 97C.351
- History: 18 SR 83
Minn. R. 6262.3150 Definitions
Subpart 1. Scope.
The terms used in sections 6262.3150 to 6262.3300 have the meanings given them in this part.
Subp. 2. Dressed fish.
"Dressed fish" means fish that may have heads, entrails, gills, and either the scales or skin removed.
Subp. 3. Fillet.
"Fillet" means a portion, not including the cheeks, of the flesh of a fish that has been removed. Scales or skin may be removed or intact.
History
- Statutory Authority: MS s 97A.551; and others at 19 SR 6
- History: 19 SR 484
Minn. R. 6262.3200 Preparing and Packing Fish for Transportation
Subpart 1. Restrictions on packing and wrapping fish.
All fish that are being transported or shipped by residents or nonresidents must be packed and wrapped in such a way that they may be readily unpacked, unwrapped, separated, examined, and counted.
Subp. 2. Retaining patch of skin on dressed fish.
Except for bullheads, sunfish, and crappies, all dressed fish and fillets must retain, in a place other than the belly, a patch of skin, measuring at least one square inch, with scales intact. Dressed and filleted sauger will be counted as walleye.
Subp. 3. Restriction on number of fillets per fish.
A fish may not be reduced to more than two fillets.
Subp. 4. Restriction on fish with statewide length limits.
Fish having statewide length limits may only be possessed in the field, transported, or shipped undressed, except as provided by Minnesota Statutes, section 97A.551, subdivision 4.
Subp. 5.
[Repealed, 28 SR 629]
Subp. 6. Restrictions on special fish management species.
A. A person may transport a special fish management species during the open season and the two days following the season for that species once the fish has been registered and the licensee has validated their license for that fish.
B. A person other than the endorsement holder may transport a special fish management species that has been registered if the fish has information attached to it, marked in indelible ink with the full name of the endorsement holder and the locations from which and to which the fish is being transported.
C. All special fish management species must be transported in devices that readily allow for inspection.
D. Processing of a special fish management species may only be done at the endorsement holder's permanent residence, except:
E. Special fish management species must be shipped undressed and the packaging must include the full name of the endorsement holder, except when packaged by a licensed fish packer.
History
- Statutory Authority: MS s 84.027; 97A.485; 97A.551; and others at 19 SR 6
- History: 19 SR 484; 28 SR 629; 32 SR 1039; 49 SR 1416
Minn. R. 6262.3250 Labeling and Packing Fish Under a Fish Packer License
Fish packed by a licensed fish packer must be packed and labeled in accordance with the following provisions:
A. A fish may not be reduced to more than two fillets.
B. A licensed fish packer may pack dressed fish with statewide length limits.
C. Each package of fish must be individually labeled by the licensed fish packer. The label must be marked legibly in ink and contain the following information:
History
- Statutory Authority: MS s 84.027; 97A.551; 97C.865; and others at 19 SR 6
- History: 19 SR 484; 24 SR 1849; 32 SR 1039; 33 SR 1334
Minn. R. 6262.3300 Exemption from Fish Transportation Requirements
A person possessing fish taken under a commercial fishing license, or private aquatic life as defined in Minnesota Statutes, section 17.47, subdivision 7, is exempt from the provisions of parts 6262.0100, subpart 5, 6262.3200, and 6262.3250 provided the person can show documentation that the fish were lawfully obtained.
History
- Statutory Authority: MS s 17.4983; 97C.211; 97C.821
- History: 19 SR 2222; 28 SR 629
Chapter 6264 DESIGNATED WATERS
Minn. R. 6264.0025 Application of Law
To the extent that this chapter is inconsistent with chapter 6262 or 6266, the provisions of this chapter apply.
History
- Statutory Authority: MS s 97C.001; 97C.005
- History: 32 SR 1039
Minn. R. 6264.0050 Restrictions on Designated Trout Lakes and Streams
Subpart 1. Restrictions on designated trout lakes.
The lakes described in this part are inhabited by trout other than lake trout. In order to protect and foster the propagation of trout, the following restrictions on fishing in these lakes apply:
A. taking of fish is prohibited, except during the open season;
B. not more than one line may be used for angling at any time, including when angling through the ice;
C. taking of minnows is prohibited, except under special permit issued by the commissioner; and
D. possession or use of minnows as bait, except live leeches and processed minnows in a dried, frozen, or pickled condition, is prohibited.
Subp. 2. Listing of designated trout lakes.
The following described lakes are designated as trout lakes:
Subp. 3. Restrictions on designated trout streams.
In order to protect and foster the propagation of trout, the following restrictions apply to fishing in these streams:
A. taking fish is prohibited, except during the open season; and
B. taking minnows in the waters designated as trout streams under this part is prohibited at all times, except under special permit issued by the commissioner.
Subp. 4. Listing of designated trout streams.
The following described streams and portions of streams and their tributaries within the section specified are designated as trout streams, and counties whose names appear in parentheses contain portions of those streams:
History
- Statutory Authority: MS s 14.38; 14.386; 84.027; 97A.045; 97C.001; 97C.005; 97C.025; 97C.081; 97C.395
- History: 18 SR 83; 20 SR 1288; 24 SR 303; 27 SR 816; 27 SR 1220; 28 SR 629; 28 SR 1546; 32 SR 1260; 32 SR 2051; 33 SR 708; 35 SR 1018; 35 SR 1052; 41 SR 995; 42 SR 1298; 44 SR 1153; 49 SR 45
Minn. R. 6264.0100 [Renumbered 6262.0900]
[Renumbered 6262.0900]
Minn. R. 6264.0125 Designated Spawning Beds and Fish Preserves
The following described water bodies are designated as spawning beds or fish preserves and may be posted according to part 6262.0500, subpart 4.
History
- Statutory Authority: MS s 84.027; 97A.045; 97C.025; 97C.081; 97C.395
- History: 39 SR 822; 39 SR 1619; 49 SR 45
Minn. R. 6264.0200 [Repealed, 28 SR 1011]
[Repealed, 28 SR 1011]
Minn. R. 6264.0250 Definitions
Subpart 1. Scope.
For purposes of parts 6264.0250 to 6264.0280, the following terms have the meanings given them unless otherwise provided.
Subp. 2. Commissioner.
"Commissioner" means the commissioner of natural resources.
Subp. 3. Department.
"Department" means the Minnesota Department of Natural Resources.
Subp. 4. Experimental waters.
"Experimental waters" has the meaning given it in Minnesota Statutes, section 97C.001.
Subp. 5. Special management waters.
"Special management waters" has the meaning given it in Minnesota Statutes, section 97C.005.
History
- Statutory Authority: MS s 97C.001; 97C.005
- History: 18 SR 468
Minn. R. 6264.0260 Authority; Scope; Purpose
Subpart 1. Authority.
Parts 6264.0250 to 6264.0280 are adopted under authority of Minnesota Statutes, sections 97C.001 and 97C.005.
Subp. 2. Scope.
Parts 6264.0250 to 6264.0280 apply to public initiation and public participation in the evaluation of all experimental and special management waters designations.
Subp. 3. Purpose.
The purpose of parts 6264.0250 to 6264.0280 is to ensure adequate opportunity for public involvement in the initiation, designation, and evaluation of experimental or special fishing regulations adopted under Minnesota Statutes, sections 97C.001 and 97C.005.
History
- Statutory Authority: MS s 97C.001; 97C.005
- History: 18 SR 468
Minn. R. 6264.0270 Public Initiation of Experimental and Special Management Waters Designation
Subpart 1. Submitting proposals.
A person, organization, or other entity may submit a proposal to the commissioner at any time for designation of specific lakes or streams as experimental or special management waters. Proposals must include the following information:
A. names of waters proposed for designation and counties where waters are located;
B. description of proposed experimental or special regulations;
C. objective of proposed experimental or special regulations;
D. documentation of public support for the proposal; and
E. proposed implementation date.
Subp. 2. Proposal evaluation.
The commissioner shall evaluate proposals for experimental or special management waters based on the following criteria:
A. presence of an objective which meets a defined biological or social need supported by reliable information;
B. compatibility with existing programs of the department;
C. public acceptance;
D. compatibility with existing state law;
E. availability of sufficient funding if needed for evaluation; and
F. scientific validity and conformance with established biological principles.
Subp. 3. Action on proposal.
The commissioner may deny a proposal which does not meet the criteria in subpart 2, or may suggest modifications to the proposal so that it better meets the criteria. The commissioner shall notify originators of proposals of acceptance, denial, or suggested modifications within three months of receiving the proposal. The commissioner shall provide a written explanation for denials and suggestions for modification. The originator of the proposal may decide to accept suggested modifications or to drop the proposal. Acceptance of a proposal by the commissioner is not a guarantee that the proposal will be implemented as experimental or special management waters.
Subp. 4. Proposal approval.
Proposals which are accepted by the commissioner are subject to further review by the department; public notice and meeting requirements of Minnesota Statutes, sections 97C.001, subdivision 2, and 97C.005, subdivision 1; and all other applicable state law before final approval and implementation. The commissioner may order that a proposal be dropped or modified at any time during the internal review or public notification process. If a proposal is dropped or modified, the commissioner shall provide the reasons for this action in writing to the originator of the proposal. The originator of the proposal may decide to accept the commissioner's modifications or to drop the proposal.
History
- Statutory Authority: MS s 97C.001; 97C.005
- History: 18 SR 468
Minn. R. 6264.0280 Public Participation in Evaluating Experimental and Special Management Waters Designation
Subpart 1. Experimental waters.
Public meetings held to determine if experimental waters should be terminated, extended, or designated as special management waters must provide an opportunity for public review, comment, and questions concerning the proposed action. The commissioner shall review public comments before making a final determination on whether experimental waters should be terminated, extended, or designated as special management waters. Final determination regarding changes in experimental waters designation will consider public comments, but will also be based on natural resource needs and department management plans.
Subp. 2. Special management waters.
The commissioner may hold meetings to allow public review, comment, and questions concerning existing special management waters. The commissioner shall review public comments before making a determination on changing the status of special management waters. Final determination regarding changes in special management waters designation will consider public comments, but will also be based on natural resource needs and department management plans.
History
- Statutory Authority: MS s 97C.001; 97C.005
- History: 18 SR 468
Minn. R. 6264.0300 Designated Experimental Waters
Subpart 1.
[Repealed, 28 SR 629]
Subp. 2.
[Repealed, 28 SR 1011]
Subp. 3.
[Repealed, 28 SR 1011]
Subp. 4.
[Repealed, 21 SR 1166]
Subp. 5.
[Repealed, 21 SR 1166]
Subp. 6.
[Repealed, 21 SR 1166]
Subp. 7.
[Repealed, 21 SR 1166]
Subp. 8.
[Repealed, 21 SR 1166]
Subp. 9.
[Repealed, 21 SR 1166]
Subp. 10.
[Repealed, 31 SR 1319]
Subp. 11.
[Repealed, 31 SR 1319]
Subp. 12.
[Repealed, 28 SR 33]
Subp. 13.
[Repealed, 21 SR 1166]
Subp. 14.
[Repealed, 27 SR 1313]
Subp. 15.
[Repealed, 27 SR 1313]
Subp. 16.
[Repealed, 21 SR 1166]
Subp. 17.
[Repealed, 21 SR 1166]
Subp. 18.
[Repealed, 21 SR 1166]
Subp. 19.
[Repealed, 28 SR 33]
Subp. 20.
[Repealed, 28 SR 33]
Subp. 21.
[Repealed, 21 SR 1166]
Subp. 22.
[Repealed, 21 SR 1166]
Subp. 23.
[Repealed, 22 SR 1559]
Subp. 24.
[Repealed, 21 SR 1166]
Subp. 25.
[Repealed, 24 SR 1186]
Subp. 26.
[Repealed, 21 SR 1166]
Subp. 27.
[Repealed, 21 SR 1166]
Subp. 28.
[Repealed, 28 SR 33]
Subp. 29.
[Repealed, 28 SR 33]
Subp. 30.
[Repealed, 28 SR 33]
Subp. 31.
[Repealed, 36 SR 810]
Subp. 32.
[Repealed, 50 SR 871]
Subp. 33.
[Repealed, 37 SR 1208]
Subp. 34.
[Repealed, 27 SR 1313]
Subp. 35.
[Repealed, 37 SR 1208]
Subp. 36.
[Repealed, 34 SR 1071]
Subp. 37.
[Repealed, 35 SR 1093]
Subp. 38.
[Repealed, 28 SR 1011]
Subp. 39.
[Repealed, 35 SR 1093]
Subp. 40.
[Repealed, 28 SR 1011]
Subp. 41.
[Repealed, 35 SR 1093]
Subp. 42.
[Repealed, 29 SR 876]
Subp. 43.
[Repealed, 30 SR 697]
Subp. 44.
[Repealed, 27 SR 1313]
Subp. 45.
[Repealed, 38 SR 1061]
Subp. 46.
[Repealed, 27 SR 1313]
Subp. 47.
[Repealed, 40 SR 750]
Subp. 48.
[Repealed, 31 SR 1319]
Subp. 49.
[Repealed, 32 SR 1547]
Subp. 50.
[Repealed, 30 SR 697]
Subp. 51.
[Repealed, 34 SR 1071]
Subp. 52.
[Repealed, 29 SR 876]
Subp. 53.
[Repealed, 29 SR 876]
Subp. 54.
[Repealed, 34 SR 1071]
Subp. 55.
[Repealed, 32 SR 1547]
Subp. 56. Walleye slot limits on Namakan Reservoir Lakes.
While a person is on or angling in the following waters, all walleye in possession or under control must be less than 18 inches in length or greater than 26 inches in length. All walleye that are 18 to 26 inches in length, inclusive, must be immediately returned to the water. A person's possession and daily limit for walleye and sauger is six in the aggregate, of which not more than four may be walleye and not more than one walleye may be over 26 inches in length.
Subp. 57.
[Repealed, 32 SR 1547]
Subp. 58.
[Repealed, 32 SR 1547]
Subp. 59.
[Repealed, 42 SR 1015]
Subp. 60.
[Repealed, 29 SR 871]
Subp. 61.
[Repealed, 29 SR 871]
Subp. 62.
[Repealed, 33 SR 1442]
Subp. 63.
[Repealed, 35 SR 1093]
Subp. 64.
[Repealed, 41 SR 1019]
Subp. 65.
[Repealed, 37 SR 1208]
Subp. 66.
[Repealed, 40 SR 750]
Subp. 67.
[Repealed, 38 SR 1061]
Subp. 68.
[Repealed, 38 SR 1061]
Subp. 69.
[Repealed, 36 SR 810]
Subp. 70.
[Repealed, 40 SR 750]
Subp. 71.
[Repealed, 40 SR 750]
Subp. 72.
[Repealed, 39 SR 1257]
Subp. 73.
[Repealed, 42 SR 1015]
Subp. 74.
[Repealed, 41 SR 1019]
Subp. 75.
[Repealed, 43 SR 989]
Subp. 76.
[Repealed, 48 SR 819]
Subp. 77.
[Repealed, 47 SR 845]
Subp. 78.
[Repealed, 46 SR 1026]
Subp. 79.
[Repealed, 44 SR 933]
Subp. 80.
[Repealed, 42 SR 1015]
Subp. 81.
[Repealed, 49 SR 995]
Subp. 82.
[Repealed, 49 SR 995]
Subp. 83.
[Repealed, 50 SR 871]
Subp. 84.
[Repealed, 50 SR 871]
Subp. 85. Little Boy Lake walleye restrictions.
While a person is on or angling in the following waters, all walleye in possession must be less than 18 inches in length or greater than 26 inches in length. All walleye that are 18 to 26 inches in length, inclusive, must be immediately returned to the water. A person's daily and possession limit for walleye is four fish, of which not more than one walleye may be over 26 inches in length.
Subp. 86. Wabedo Lake walleye restrictions.
While a person is on or angling in the following waters, all walleye in possession must be less than 18 inches in length or greater than 26 inches in length. All walleye that are 18 to 26 inches in length, inclusive, must be immediately returned to the water. A person's daily and possession limit for walleye is four fish, of which not more than one walleye may be over 26 inches in length.
Subp. 87. Crappie restrictions.
While a person is on or angling in the following waters, the daily and possession limit for crappie is five.
Subp. 88. Cuyuna Country Recreation Area lake trout restrictions.
While a person is on or angling in the following waters, all lake trout in possession must be 20 inches or greater in length. All lake trout less than 20 inches in length must be immediately released. The daily and possession limit is one.
Subp. 89. Island Reservoir walleye restrictions.
While a person is on or angling in the following waters, all walleye in possession must be less than 15 inches or greater than 20 inches in length. All walleye that are 15 to 20 inches in length, inclusive, must be immediately returned to the water. A person's daily and possession limit is ten walleye and may not include more than one walleye over 20 inches in length.
Subp. 90. Caribou Lake lake trout restrictions.
While a person is on or angling in the following waters, all lake trout in possession must be 20 inches or greater in length. All lake trout less than 20 inches in length must be immediately returned to the water. The daily and possession limit is one.
Subp. 91. Gull Chain northern pike regulation.
While a person is on or fishing in the following waters, all northern pike in possession must be less than 30 inches in length or greater than 40 inches in length. All northern pike that are 30 to 40 inches in length, inclusive, must be immediately returned to the water. A person's daily and possession limit is two and may not include more than one northern pike over 40 inches in length.
History
- Statutory Authority: MS s 14.38; 14.386; 14.388; 97A.045; 97A.101; 97C.001; 97C.005
- History: 18 SR 83; 18 SR 2252; 18 SR 2482; 19 SR 1517; 19 SR 2090; 20 SR 2248; 20 SR 2252(NO. 42); 21 SR 1166; 22 SR 292; 22 SR 1559; 23 SR 1735; 24 SR 1186; 24 SR 1578; 24 SR 1849; 25 SR 1379; 26 SR 182; 26 SR 1082; 27 SR 1313; 28 SR 33; 28 SR 629; 28 SR 1011; 29 SR 871; 29 SR 876; 30 SR 697; 31 SR 1319; 32 SR 1039; 32 SR 1547; 33 SR 1441; 33 SR 1442; 34 SR 1071; 35 SR 1093; 36 SR 810; 36 SR 1247; 37 SR 1208; 38 SR 1061; 39 SR 1257; 40 SR 750; 41 SR 1019; 42 SR 1015; 43 SR 989; 44 SR 933; 45 SR 931; 46 SR 1026; 47 SR 845; 48 SR 819; 50 SR 871
Minn. R. 6264.0400 Designated Special Management Waters
Subpart 1.
[Repealed, 28 SR 629]
Subp. 2. Catch-and-release fishing on trout streams.
While on or fishing in the following waters, angling for trout shall be limited to catch and release only, whereby any trout caught must be immediately returned to the water. Catch-and-release angling for trout shall be legal during the open season for trout in inland streams. Legal methods for taking trout are limited to artificial lures and flies.
Subp. 3.
[Repealed, 39 SR 5]
Subp. 4. Mille Lacs Lake and associated tributaries special management regulations.
A. While a person is on or fishing in Mille Lacs Lake or its associated tributaries to the posted boundaries, all northern pike in possession must be less than 24 inches in length or greater than 36 inches in length. All northern pike that are 24 to 36 inches in length, inclusive, must be immediately returned to the water. A person's possession limit may not include more than one northern pike over 36 inches in length.
B. The possession limit for smallmouth bass is one. While a person is on or fishing in Mille Lacs Lake or its associated tributaries to the posted boundaries, all smallmouth bass in possession must be 21 inches or greater in length. All smallmouth bass less than 21 inches in length must be immediately returned to the water.
C. Mille Lacs Lake is closed to the taking of fish between the hours of 10 p.m. and 6 a.m. daily during the period commencing at 10 p.m. on the Monday following the Saturday two weeks prior to the Saturday of Memorial Day weekend and ending at 12:01 a.m. on Monday, four weeks after the date of commencement. During the closure, no person shall be on the waters of Mille Lacs Lake while having in possession any equipment whereby fish may be taken. Spearing is prohibited from December 1 through April 30. A person may not have a spear in possession while on or fishing in Mille Lacs Lake during this period.
D. The commissioner may modify seasons and limits under Minnesota Statutes, section 84.027, subdivision 13, or sections 97A.0451 to 97A.0459, to accommodate tribal declarations for fish harvest in the 1837 Ceded Territory in compliance with the court ruling in Mille Lacs Band of Chippewa v. Minnesota, 119 S.Ct. 1187 (1999). Changes shall be posted at water access sites and the Department of Natural Resources website.
E. While a person is on or fishing in Mille Lacs Lake or its associated tributaries to the posted boundaries, the possession and daily limit for Northern cisco (tullibee) is ten fish.
F. Fish that are taken by angling and not immediately released into the water after capture are considered to be in possession and part of the bag limit. Once a fish has been reduced to possession, culling or live-well sorting (the act of exchanging one fish for another) is not allowed.
G. This subpart applies to the following waters.
Subp. 5.
[Repealed, 29 SR 876]
Subp. 6. Zumbro River special regulations.
While on or fishing in these waters, angling for smallmouth bass is limited to catch and release only, whereby any smallmouth bass caught must be immediately returned to the water. Catch-and-release angling for smallmouth bass is legal during the open season for that species in inland waters. It is unlawful for anyone to have in possession, regardless of where taken, any smallmouth bass while on or fishing in these waters.
Subp. 7. Foster Arend Lake trout regulations.
The season for trout in Foster Arend Lake is open continuously. Effective March 17, 1997, the possession limit for trout taken from Foster Arend Lake is three and a person's possession limit may not include more than one trout over 16 inches.
Subp. 8. Spearing restrictions.
A person may not take fish by spearing and may not possess a spear while on or fishing in the following lake.
Subp. 9.
[Repealed, 37 SR 1208]
Subp. 10.
[Repealed, 28 SR 1011]
Subp. 11.
[Repealed, 24 SR 1186]
Subp. 12. Minnesota River, Minnehaha Creek, and Mississippi River Pool Two.
While on or fishing in the following waters, angling for walleye, sauger, smallmouth bass, and largemouth bass shall be limited to catch and release only, whereby any walleye, sauger, smallmouth bass, or largemouth bass must be returned immediately to the water. Catch-and-release angling for walleye, sauger, smallmouth bass, and largemouth bass shall be legal continuously, year round. It shall be unlawful for anyone to have in possession or under control, regardless of where taken, any walleye, sauger, smallmouth bass, or largemouth bass, while being on or fishing in these waters.
Subp. 13. Largemouth bass and smallmouth bass catch-and-release regulations.
While a person is on or fishing in these waters, angling for largemouth bass and smallmouth bass is limited to catch and release only, whereby any largemouth bass or smallmouth bass caught must be immediately returned to the water. Catch-and-release angling for largemouth bass or smallmouth bass is legal during the open season for largemouth bass and smallmouth bass in inland waters. It is unlawful for anyone to have in possession, regardless of where taken, any largemouth bass or smallmouth bass while on or fishing in these waters.
Subp. 14. Largemouth bass catch-and-release regulations.
While on or fishing in the following waters, angling for largemouth bass is limited to catch and release only. Any largemouth bass caught must be immediately returned to the water. Catch-and-release angling for largemouth bass is legal only during the open season for largemouth bass in inland waters. It is unlawful for anyone to have in possession, regardless of where taken, any largemouth bass while on or fishing in the following waters.
Subp. 15.
[Repealed, 46 SR 1026]
Subp. 16.
[Repealed, 42 SR 1015]
Subp. 17. Cedar Lake walleye and northern pike regulations.
While on or fishing in the following waters, the daily and possession limit for walleye is two and for northern pike is three. While on or fishing in these waters, all northern pike in possession must be 26 inches or less in length. All northern pike greater than 26 inches in length must be immediately returned to the water.
Subp. 18. Walleye 18- to 24-inch protected slot limit.
All walleye in possession while on or fishing in the following waters must be less than 18 inches in length or greater than 24 inches in length. All walleye that are 18 to 24 inches in length, inclusive, must be immediately returned to the water.
Subp. 19. Northern pike 24-inch to 36-inch protected slot limit.
While a person is on or fishing in the following waters, all northern pike in possession must be less than 24 inches in length or greater than 36 inches in length. All northern pike that are 24 to 36 inches in length, inclusive, must be immediately returned to the water. A person's daily and possession limit may not include more than one northern pike over 36 inches in length.
Subp. 20. Northern pike 30-inch minimum size limit.
All northern pike in possession while on or fishing in the following waters must be 30 inches or greater in length. All northern pike that are less than 30 inches in length must be immediately returned to the water. Possession and daily limit is one.
Subp. 21.
[Repealed, 44 SR 933]
Subp. 22.
[Repealed, 37 SR 1431]
Subp. 23. Walleye 16-inch minimum size.
All walleye in possession while on or fishing in the following waters must be 16 inches or greater in length. Walleye less than 16 inches must be returned to the water immediately.
Subp. 24. Largemouth bass, northern pike, and walleye regulations.
While on or fishing in the following waters, the daily and possession limit for largemouth bass is one, for northern pike is three, and for walleye is two. While on or fishing in these waters, all northern pike in possession must be 26 inches or less in length. All northern pike greater than 26 inches in length must be immediately returned to the water.
Subp. 25. Largemouth bass and northern pike regulations.
While on or fishing in the following waters, angling for largemouth bass is limited to catch and release only, whereby any largemouth bass must be immediately returned to the water. All northern pike in possession while on or fishing in the following waters must be less than 24 inches in length or greater than 36 inches in length. All northern pike that are 24 to 36 inches in length, inclusive, must be immediately returned to the water. Possession and daily limit may not include more than one northern pike over 36 inches in length.
Subp. 26.
[Repealed, 34 SR 1165]
Subp. 27.
[Repealed, L 2015 1Sp4 art 5 s 34]
Subp. 28.
[Repealed, L 2015 1Sp4 art 5 s 34]
Subp. 29.
[Repealed, 43 SR 989]
Subp. 30. Walleye minimum size.
While a person is on or angling in the following waters, all walleye in possession must be 17 inches or greater in length. All walleye less than 17 inches must be immediately returned to the water.
Subp. 31. Smallmouth bass regulation.
While a person is on or fishing in the following waters, all smallmouth bass in possession must be less than 14 inches in length or greater than 20 inches in length. All smallmouth bass that are 14 to 20 inches in length, inclusive, must be immediately returned to the water. A person's possession limit may not include more than one smallmouth bass over 20 inches in length.
Subp. 32. Lake sturgeon restrictions.
As described in part 6262.1000 and Minnesota Statutes, sections 97A.551 and 97C.087, a special fish management endorsement is required to harvest lake sturgeon. Notwithstanding part 6266.0700, subpart 2, item B, the following seasons and possession limits apply to all Minnesota-Canadian border waters and associated tributary streams. A person may possess only one lake sturgeon per license year. Lake sturgeon may be harvested from April 24 to May 7 or July 1 to September 30. All lake sturgeon in possession while on or fishing in the above listed waters must be 45 inches to 50 inches in length, inclusive, or greater than 75 inches in length. All lake sturgeon that are less than 45 inches in length or that are more than 50 inches but not more than 75 inches in length, must be immediately returned to the water. From May 8 to May 15 and October 1 to April 23, angling for lake sturgeon is limited to catch and release only. During catch-and-release seasons all sturgeon must be immediately released back into the water.
Subp. 33. Lake of the Woods and Rainy River; walleye and sauger.
A. Notwithstanding part 6266.0700, subpart 2, item A, the seasons and possession limits for walleye and sauger in the aggregate as specified in this subpart apply to the specified portions of Lake of the Woods and Rainy River and to the tributaries listed in part 6266.0700, subpart 1, items R and KK. Except as further restricted in item D, a person may have only four walleye from these water bodies in possession, regardless of whether they are taken from Lake of the Woods or Rainy River.
B. From the Saturday two weeks prior to the Saturday of Memorial Day weekend to November 30, the daily and possession limits for Lake of the Woods are as follows: six in the aggregate and not more than one walleye over 28.0 inches. All walleye in possession must be less than 19.5 inches in length or greater than 28.0 inches in length. All walleye that are 19.5 to 28.0 inches in length, inclusive, must be immediately returned to the water.
C. Except as provided in item D, from December 1 to April 14, the daily and possession limits for Lake of the Woods are as follows: six in the aggregate and not more than one walleye over 28.0 inches. All walleye in possession must be less than 19.5 inches in length or greater than 28.0 inches in length. All walleye that are 19.5 to 28.0 inches in length, inclusive, must be immediately returned to the water.
D. From March 1 to April 14, while a person is on or angling in Four Mile Bay of Lake of the Woods and Rainy River, angling for walleye and sauger is limited to catch and release only, whereby any walleye or sauger caught must be immediately returned to the water.
E. From the Saturday two weeks prior to the Saturday of Memorial Day weekend to the last day in February, the daily and possession limits for Rainy River are as follows: six in the aggregate and not more than one walleye over 28.0 inches. All walleye in possession must be less than 19.5 inches in length or greater than 28.0 inches in length. All walleye that are 19.5 to 28.0 inches in length, inclusive, must be immediately returned to the water.
Subp. 34.
[Repealed, 32 SR 1039]
Subp. 35. Catch-and-release trout fishing.
While a person is on or fishing in the following waters, angling for trout is limited to catch and release only, whereby any trout caught must be immediately returned to the water. Catch-and-release angling for trout is legal during the open season for trout in inland streams. All legal methods of taking trout are allowed.
Subp. 36. Protected slot limits on trout streams; no bait restriction.
While on or fishing in the following waters, all trout in possession must be less than 12 inches in length or greater than 16 inches in length. All trout that are 12 to 16 inches in length, inclusive, must be returned to the water immediately. A person's possession limit may not include more than one trout over 16 inches in length. All legal methods of taking trout are allowed.
Subp. 37. Protected slot limits on trout streams; artificial lures and flies.
While on or fishing in the following waters, all trout in possession must be less than 12 inches in length or greater than 16 inches in length. All trout that are 12 to 16 inches in length, inclusive, must be returned to the water immediately. A person's possession limit may not include more than one trout over 16 inches in length. Legal methods for taking trout are limited to artificial lures and flies.
Subp. 38. Minimum size limits on brook trout streams.
While on or fishing the following waters, all brook trout in possession must be 12 inches or greater in length. All brook trout less than 12 inches in length must be returned to the water immediately. A person's possession limit may not include more than one brook trout over 12 inches in length. Legal methods for taking trout are limited to artificial lures and flies.
Subp. 39. Camp Creek; open water season.
While on or fishing the following waters, angling for trout is limited to catch and release only, whereby any trout caught must be immediately returned to the water. Catch-and-release angling for trout is legal during the open season for trout in inland streams. Legal methods for taking trout are limited to artificial lures and flies. Notwithstanding this subpart, on the third Saturday in May only, when angling for trout on the posted area portion of the creek in S.8 of T.102, R.10, general statewide regulations apply, including all legal methods for taking trout.
Subp. 40. Walleye 17-inch to 26-inch protected slot.
While a person is on or angling in the following waters, all walleye in possession must be less than 17 inches in length or greater than 26 inches in length. All walleye that are 17 to 26 inches in length, inclusive, must be immediately returned to the water. Possession and daily limit may include not more than one walleye over 26 inches.
Subp. 41. Largemouth and smallmouth bass 12-inch maximum size limit.
While a person is on or angling in the following waters, all largemouth and smallmouth bass in possession must be less than 12 inches in length. All largemouth and smallmouth bass 12 inches and greater in length must be immediately returned to the water.
Subp. 42. Largemouth and smallmouth bass 12-inch maximum size limit and one over 20 inches.
While a person is on or angling in the following waters, all largemouth and smallmouth bass in possession must be less than 12 inches in length or greater than 20 inches in length. All largemouth and smallmouth bass that are 12 to 20 inches in length, inclusive, must be immediately returned to the water. A person's daily and possession limit may include not more than one largemouth bass or smallmouth bass in the aggregate over 20 inches in length.
Subp. 43.
[Repealed, 46 SR 1026]
Subp. 44. Crappie ten-inch minimum size.
While on or angling in the following waters, all crappie in possession must be ten inches or greater in length. All crappie less than ten inches must be immediately returned to the water.
Subp. 45.
[Repealed, 46 SR 1026]
Subp. 46. Walleye protected slot and crappie minimum size.
While on or angling in the following waters, all walleye in possession must be less than 17 inches in length or greater than 26 inches in length. All walleye that are 17 to 26 inches in length, inclusive, must be immediately returned to the water. Possession and daily limit may not include more than one walleye over 26 inches in length. All crappie in possession while on or fishing in these waters must be 11 inches or greater in length. All crappie less than 11 inches must be immediately returned to the water.
Subp. 47. Northeast trophy trout waters.
Angling for trout is legal during the open season for trout in inland lakes. While on or angling in the following waters, angling for trout is limited to catch and release only, whereby any trout must be immediately returned to the water. Only artificial lures and flies with a single hook are allowed for taking fish. No bait may be used or possessed while fishing on the following waters. The following waters are closed to winter fishing.
Subp. 48. Walleye restricted possession limits.
While on or angling in the following waters, the daily and possession limit for walleye is four fish. Possession and daily limit may not include more than one walleye over 20 inches.
Subp. 49.
[Repealed, 37 SR 1431]
Subp. 50.
[Repealed, 46 SR 1026]
Subp. 51. Leech Lake walleye restrictions.
While on or angling in the following waters, a person's possession and daily limit for walleye is four fish. The possession and daily limit may not include more than one walleye over 20 inches in length.
Subp. 52.
[Repealed, 39 SR 1257]
Subp. 53.
[Repealed, 46 SR 1026]
Subp. 54. Vermilion Lake walleye size restrictions.
While a person is on or angling in the following waters, all walleye in possession must be less than 20 inches or greater than 26 inches in length. All walleye that are 20 to 26 inches in length, inclusive, must be immediately returned to the water. A person's walleye possession and daily limit taken from, while on, or angling in the following waters, including those taken from other waters, is four, and must not include more than one walleye over 26 inches in length. Notwithstanding the possession limits provided by part 6262.0200, subpart 1, item G, subitem (4), while a person is on or fishing in the following waters, the possession limits for northern pike provided by part 6262.0200, subpart 1, item G, subitem (1), apply.
Subp. 55. Lake of the Woods and Rainy River; northern pike.
While a person is on or fishing in the following waters, all northern pike in possession must be less than 30 inches or greater than 40 inches in length. All northern pike that are 30 to 40 inches in length, inclusive, must be immediately returned to the water. A person's possession and daily limit for northern pike is three, and must not include more than one northern pike over 40 inches in length.
Subp. 56. Brook trout catch-and-release waters.
While a person is on or angling in the following waters, angling for brook trout is legal during the open season for trout in inland waters. Angling for brook trout is limited to catch and release only, whereby any brook trout must be immediately returned to the water.
Subp. 57. Red Wing Pottery Pond special regulations.
The season for trout in Red Wing Pottery Pond is open continuously. While a person is on or angling in the following waters, a person's daily and possession limit for trout is three and must not include more than one trout over 16 inches.
Subp. 58.
[Repealed, 46 SR 1026]
Subp. 59. Upper Red Lake and listed tributaries.
A. While a person is on or fishing in the waters listed under item C:
B. While a person is on or fishing in the waters listed under item C:
C. This subpart applies to the following waters:
Subp. 60.
[Repealed, 42 SR 1015]
Subp. 61.
[Repealed, 37 SR 1431]
Subp. 62.
[Repealed, 46 SR 1026]
Subp. 63.
[Repealed, 46 SR 1026]
Subp. 64.
[Repealed, 46 SR 1026]
Subp. 65. Reduced walleye possession limit.
While a person is on or angling in the following waters, the daily and possession limit for walleye is three.
Subp. 66. Walleye 17-inch minimum size limit.
While a person is on or angling in the following waters, all walleye in possession must be 17 inches or greater in length. Walleye less than 17 inches must be immediately returned to the water.
Subp. 67.
[Repealed, 34 SR 1165]
Subp. 68. Muskellunge catch-and-release regulation.
While a person is on or fishing in the following waters, angling for muskellunge is limited to catch and release only, whereby any muskellunge caught must be immediately returned to the water. Catch-and-release angling for muskellunge is legal during the open season for muskellunge in inland waters. It is unlawful for anyone to have in possession, regardless of where taken, any muskellunge while on or fishing in the following waters.
Subp. 69.
[Repealed, 36 SR 436]
Subp. 70.
[Repealed, 44 SR 933]
Subp. 71. East and West Rush Lakes northern pike size restrictions.
While a person is on or fishing in the following waters, all northern pike in possession must be less than 26 inches in length or greater than 40 inches in length. All northern pike that are 26 to 40 inches in length, inclusive, must be immediately returned to the water. Possession and daily limit may not include more than one northern pike over 40 inches in length.
Subp. 72. Wabedo Lake northern pike size restrictions.
While a person is on or fishing in the following waters, all northern pike in possession must be less than 24 inches in length or greater than 36 inches in length. All northern pike that are 24 to 36 inches in length, inclusive, must be immediately returned to the water. Possession and daily limit may not include more than one northern pike over 36 inches in length.
Subp. 73. Woman Lake northern pike size restrictions.
While a person is on or fishing in the following waters, all northern pike in possession must be less than 24 inches in length or greater than 36 inches in length. All northern pike that are 24 to 36 inches in length, inclusive, must be immediately returned to the water. Possession and daily limit may not include more than one northern pike over 36 inches in length.
Subp. 74. North Star and Little North Star Lakes northern pike size restrictions.
While a person is on or fishing in the following waters, all northern pike in possession must be less than 24 inches in length or greater than 36 inches in length. All northern pike that are 24 to 36 inches in length, inclusive, must be immediately returned to the water. Possession and daily limit may not include more than one northern pike over 36 inches in length.
Subp. 75.
[Repealed, 44 SR 933]
Subp. 76. Spider Lake northern pike size restrictions.
While a person is on or fishing in the following waters, all northern pike in possession must be less than 24 inches in length or greater than 36 inches in length. All northern pike that are 24 to 36 inches in length, inclusive, must be immediately returned to the water. Possession and daily limit may not include more than one northern pike over 36 inches in length.
Subp. 77. Mink and Somers Lakes special regulations.
A. While a person is on or fishing in the waters listed in item B:
B. This subpart applies to the following waters:
Subp. 78. Otter Tail River smallmouth bass catch-and-release regulation.
While a person is on or angling in the following waters, angling for smallmouth bass is limited to catch and release only, whereby any smallmouth bass caught must be immediately returned to the water.
Subp. 79. Little Toad Lake northern pike regulations.
While a person is on or fishing in the following waters, all northern pike in possession must be less than 24 inches or greater than 36 inches in length. All northern pike that are 24 to 36 inches in length, inclusive, must be immediately returned to the water. A person's possession and daily limit may include not more than one northern pike over 36 inches in length.
Subp. 80. Maud and Eunice Lakes bass regulations.
A. While a person is on or fishing in the waters listed in item B, all largemouth and smallmouth bass in possession must be less than 12 inches or greater than 20 inches in length. All largemouth bass and smallmouth bass that are 12 to 20 inches in length, inclusive, must be immediately returned to the water. Daily and possession limit may include not more than one largemouth or smallmouth bass over 20 inches in length.
B. This subpart applies to the following waters:
Subp. 81. Little Cormorant Lake walleye regulations.
While a person is on or angling in the following waters, all walleye in possession must be 17 inches or greater in length. Walleye less than 17 inches must be immediately returned to the water.
Subp. 82. Middle Lake largemouth bass regulation.
While a person is on or angling in the following waters, all largemouth bass in possession must be less than 12 inches or greater than 20 inches in length. All largemouth bass that are 12 to 20 inches in length, inclusive, must be immediately returned to the water. A person's possession and daily limit may include not more than one largemouth bass over 20 inches in length.
Subp. 83.
[Repealed, 46 SR 1026]
Subp. 84.
[Repealed, 44 SR 933]
Subp. 85. St. Louis River muskellunge 50-inch minimum size limit on the Minnesota-Wisconsin boundary waters.
While a person is on or angling in the following waters, all muskellunge in possession must be 50 inches or greater in length. All muskellunge less than 50 inches in length must be immediately returned to the water.
Subp. 86.
[Repealed, 43 SR 989]
Subp. 87. Mississippi River and associated tributaries smallmouth bass regulations.
While a person is on or fishing in the Mississippi River or its associated tributaries listed in this subpart to the posted boundaries, the daily and possession limit for smallmouth bass is three. Daily and possession limit may not include more than one smallmouth bass over 20 inches in length. While on or angling in the following waters, all smallmouth bass in possession must be less than 12 inches in length or greater than 20 inches in length. All smallmouth bass that are 12 to 20 inches in length, inclusive, must be immediately returned to the water.
Subp. 88.
[Repealed, 44 SR 933]
Subp. 89.
[Repealed, 46 SR 1026]
Subp. 90. Lake St. Croix and St. Croix River lake sturgeon regulations.
As described in part 6262.1000 and Minnesota Statutes, sections 97A.551 and 97C.087, a special fish management endorsement is required to harvest lake sturgeon. Notwithstanding part 6266.0500, subpart 3, the following seasons and possession limits apply to all waters of Lake St. Croix and the St. Croix River of the Minnesota-Wisconsin boundary waters between Prescott and Taylor's Falls Dam. Lake sturgeon may be harvested from the first Saturday in September to September 30. While a person is on or angling in these waters, all lake sturgeon in possession must be 60 inches or greater in length. All lake sturgeon less than 60 inches in length must be immediately returned to the water. A person may possess only one lake sturgeon per calendar year. From October 1 to October 15, angling for lake sturgeon is limited to catch and release only. During the catch-and-release season, all lake sturgeon caught must be immediately released.
Subp. 91. Coon Lake walleye regulations.
While a person is on or angling in the following waters, all walleye in possession must be 17 inches or greater in length. All walleye less than 17 inches in length must be immediately returned to the water.
Subp. 92. Little McDonald Lake and Kerbs Lake walleye regulation.
While on or angling in the following waters, all walleye in possession must be less than 17 inches in length or greater than 26 inches in length. All walleye that are 17 to 26 inches in length, inclusive, must be immediately returned to the water. Possession and daily limit may not include more than one walleye over 26 inches in length.
Subp. 93. Little Mantrap Lake largemouth bass regulation.
While a person is on or angling in the following waters, all largemouth bass in possession must be less than 12 inches or greater than 20 inches in length. All largemouth bass that are 12 to 20 inches in length, inclusive, must be immediately returned to the water. Possession and daily limit may not include more than one largemouth bass over 20 inches in length.
Subp. 94. Rabbit and East Rabbit Lakes northern pike regulations.
While a person is on or fishing in the following waters, all northern pike in possession must be less than 24 inches in length or greater than 36 inches in length. All northern pike that are 24 to 36 inches in length, inclusive, must be immediately returned to the water. Daily and possession limit may not include more than one northern pike over 36 inches in length.
Subp. 95.
[Repealed, 46 SR 1026]
Subp. 96.
[Repealed, 46 SR 1026]
Subp. 97.
[Repealed, 37 SR 1431]
Subp. 98. Sallie and Melissa Lakes northern pike regulation.
While a person is on or fishing in the following waters, all northern pike in possession must be less than 24 inches in length or greater than 36 inches in length. All northern pike that are 24 to 36 inches in length, inclusive, must be immediately returned to the water. Daily and possession limit may not include more than one northern pike over 36 inches in length.
Subp. 99. Osakis and Little Osakis Lakes walleye regulation.
While a person is on or fishing in the following waters, all walleye in possession must be 15 inches or greater in length. All walleye less than 15 inches must be immediately returned to the water.
Subp. 100. Farm Island Lake walleye regulation.
While a person is on or fishing in the following waters, all walleye in possession must be less than 16 inches or greater than 19 inches in length. All walleye that are 16 to 19 inches in length, inclusive, must be immediately returned to the water.
Subp. 101. Winnibigoshish and connected waters walleye regulation.
While a person is on or fishing in the following waters, all walleye in possession must be less than 18 inches in length or greater than 23 inches in length. All walleye that are 18 to 23 inches in length, inclusive, must be immediately returned to the water. A person's possession limit may not include more than one walleye over 23 inches.
Subp. 102. Crow Wing Five and Six Lakes northern pike regulation.
While a person is on or fishing in the following waters, all northern pike in possession must be less than 24 inches in length or greater than 36 inches in length. All northern pike that are 24 to 36 inches in length, inclusive, must be immediately returned to the water. A person's daily and possession limit may not include more than one northern pike over 36 inches in length.
Subp. 103.
[Repealed, 46 SR 1026]
Subp. 104.
[Repealed, 48 SR 819]
Subp. 105. Hovde Lake largemouth bass catch-and-release regulations.
While a person is on or angling in the following waters, angling for largemouth bass is limited to catch and release only, whereby any largemouth bass caught must be immediately returned to the water.
Subp. 106. Lawndale Creek brook trout catch-and-release and angling regulations.
While a person is on or angling in the following waters of Lawndale Creek that are within Atherton Wildlife Management Area, angling for brook trout is limited to catch and release only, whereby any brook trout caught must be immediately returned to the water. Methods for taking brook trout are limited to artificial flies and lures. Barbed hooks are prohibited.
Subp. 107.
[Repealed, 46 SR 1026]
Subp. 108.
[Repealed, 46 SR 1026]
Subp. 109.
[Repealed, 37 SR 1431]
Subp. 110. Big Pine and Little Pine Lakes; walleye size restrictions.
While a person is on or angling in the following waters, all walleye in possession must be less than 18 inches in length or greater than 26 inches in length. All walleye that are 18 to 26 inches in length, inclusive, must be immediately returned to the water. A person's possession limit may not include more than one walleye over 26 inches in length.
Subp. 111. North Ten Mile and South Ten Mile Lakes; largemouth bass and smallmouth bass size restrictions.
While a person is on or angling in the following waters, all largemouth bass and smallmouth bass in possession must be less than 14 inches in length or greater than 20 inches in length. All largemouth bass and smallmouth bass that are 14 to 20 inches in length, inclusive, must be immediately returned to the water. A person's possession limit may not include more than one largemouth bass or smallmouth bass, in aggregate, over 20 inches in length.
Subp. 112.
[Repealed, 39 SR 822]
Subp. 113.
[Repealed, 39 SR 822]
Subp. 114.
[Repealed, 46 SR 1026]
Subp. 115. Fish Lake Reservoir; walleye restrictions.
While a person is on or angling in the following waters, all walleye in possession must be from 13 inches to 17 inches in length, inclusive. All walleye less than 13 inches or greater than 17 inches in length must be immediately returned to the water, except a person's possession limit may include one walleye over 26 inches in length. A person's daily and possession limit for walleye is three.
Subp. 116.
[Repealed, 49 SR 995]
Subp. 117. State park catch-and-release trout fishing.
Within the boundaries of a state park, catch-and-release angling for trout is allowed from October 15 to December 31. While a person is on or fishing in the following waters within state park boundaries, angling for trout is limited to catch and release only, whereby any trout caught must be immediately returned to the water.
Subp. 118. Mukooda Lake lake trout restrictions.
While a person is on or angling in the following waters, angling for lake trout is limited to catch and release only, whereby any lake trout caught must be immediately returned to the water.
Subp. 119. Little Trout Lake lake trout restrictions.
While a person is on or angling in the following waters, angling for lake trout is limited to catch and release only, whereby any lake trout caught must be immediately returned to the water.
Subp. 120.
[Repealed, 46 SR 1026]
Subp. 121.
[Repealed, 46 SR 1026]
Subp. 122.
[Repealed, 46 SR 1026]
Subp. 123.
[Repealed, 46 SR 1026]
Subp. 124.
[Repealed, 46 SR 1026]
Subp. 125. Vermillion River trout-angling restrictions.
Angling for trout in the following waters is open from January 1 through October 15. Angling for all trout is limited to catch and release only from January 1 up to but not including the Saturday nearest April 15 and from September 15 through October 15. While a person is on or angling in the following waters, angling for brown trout is limited to catch and release only, whereby any brown trout caught must be immediately returned to the water. All legal methods of taking trout are allowed.
Subp. 126.
[Repealed, 46 SR 1026]
Subp. 127. North Turtle Lake largemouth and smallmouth bass and crappie restrictions.
While a person is on or angling in the following waters, all largemouth and smallmouth bass in possession must be less than 14 inches in length or greater than 20 inches in length. All largemouth and smallmouth bass that are 14 to 20 inches in length, inclusive, must be immediately returned to the water. A person's possession and daily limit may include not more than one bass over 20 inches in length. While a person is on or angling in the following waters, all crappie in possession must be ten inches or greater in length. All crappie less than ten inches must be immediately returned to the water.
Subp. 128. Kabekona Lake walleye restrictions.
While a person is on or angling in the following waters, all walleye in possession must be less than 20 inches in length or greater than 26 inches in length. All walleye that are 20 to 26 inches in length, inclusive, must be immediately returned to the water. A person's daily and possession limit for walleye is four fish, of which not more than one walleye shall be over 26 inches in length.
Subp. 129.
[Repealed, 45 SR 931]
Subp. 130.
[Repealed, 46 SR 1026]
Subp. 131. Crooked and Long Lakes largemouth bass restrictions.
While a person is on or angling in the following waters, all largemouth bass in possession must be less than 12 inches in length or greater than 20 inches in length. All largemouth bass that are 12 to 20 inches in length, inclusive, must be immediately returned to the water. A person's possession limit may not include more than one largemouth bass over 20 inches in length.
Subp. 132. Moccasin Lake largemouth bass, sunfish, and black crappie restrictions.
While a person is on or angling in the following waters, angling for largemouth bass is limited to catch and release only. Any largemouth bass caught must be immediately returned to the water. Catch-and-release angling for largemouth bass is legal only during the open season for largemouth bass in inland waters. It is unlawful for a person to have in possession, regardless of where taken, any largemouth bass while on or fishing in the following waters.
Subp. 133.
[Repealed, 46 SR 1026]
Subp. 134.
[Repealed, 46 SR 1026]
Subp. 135.
[Repealed, 46 SR 1026]
Subp. 136. Sugar Lake northern pike restrictions.
While a person is on or fishing in the following waters, all northern pike in possession must be less than 24 inches in length or greater than 36 inches in length. All northern pike that are 24 to 36 inches in length, inclusive, must be immediately returned to the water. A person's daily and possession limit for northern pike is three and may not include more than one northern pike over 36 inches in length. Amendments to part 6262.0200 adopted after March 1, 2017, and related to daily and possession limits for northern pike do not apply to Sugar Lake. The daily and possession limit may not include more than one northern pike over 36 inches in length.
Subp. 137. Fall catch-and-release angling season for trout.
In addition to possession limits and seasons for trout provided in part 6262.0200, while a person is on or angling in the following waters, angling for trout is limited to catch and release only, whereby any trout caught must be immediately returned to the water. Within the posted boundaries of the following waters, catch-and-release angling for trout is allowed only from October 16 to December 31.
Subp. 138. Balm Lake bass regulations.
While a person is on or fishing in the following waters, all largemouth bass and smallmouth bass in possession must be less than 14 inches in length or greater than 20 inches in length. All largemouth bass and smallmouth bass that are 14 to 20 inches in length, inclusive, must be immediately returned to the water. A person's possession limit may not include more than one largemouth bass or smallmouth bass over 20 inches in length.
Subp. 139. Big Bass Lake bass regulations.
While a person is on or fishing in the following waters, all largemouth bass and smallmouth bass in possession must be less than 14 inches in length or greater than 20 inches in length. All largemouth bass and smallmouth bass that are 14 to 20 inches in length, inclusive, must be immediately returned to the water. A person's possession limit may not include more than one largemouth bass or smallmouth bass over 20 inches in length.
Subp. 140. Big Swan Lake northern pike regulations.
While a person is on or fishing in the following waters, all northern pike in possession must be less than 24 inches in length or greater than 36 inches in length. All northern pike that are 24 to 36 inches in length, inclusive, must be immediately returned to the water. A person's possession limit for northern pike is six and may not include more than one northern pike over 36 inches in length.
Subp. 141. Deer Lake bass and northern pike regulations.
While a person is on or fishing in the following waters, all largemouth bass and smallmouth bass in possession must be less than 14 inches in length or greater than 20 inches in length. All largemouth bass and smallmouth bass that are 14 to 20 inches in length, inclusive, must be immediately returned to the water. A person's possession limit may not include more than one largemouth bass or smallmouth bass over 20 inches in length. While a person is on or fishing in the following waters, all northern pike in possession must be less than 24 inches in length or greater than 36 inches in length. All northern pike that are 24 to 36 inches in length, inclusive, must be immediately returned to the water. A person's possession limit for northern pike is three and may not include more than one northern pike over 36 inches in length.
Subp. 142. Moody Lake catch-and-release regulations.
While a person is on or angling in the following waters, angling is limited for all species to catch and release only. Any species that is caught must be immediately returned to the water.
Subp. 143. Pelican Lake bass regulations.
While a person is on or fishing in the following waters, all largemouth bass and smallmouth bass in possession must be less than 14 inches in length or greater than 20 inches in length. All largemouth bass and smallmouth bass that are 14 to 20 inches in length, inclusive, must be immediately returned to the water. A person's possession limit may not include more than one largemouth bass or smallmouth bass over 20 inches in length.
Subp. 144. Portage Lake bass regulations.
While a person is on or fishing in the following waters, all largemouth bass and smallmouth bass in possession must be less than 14 inches in length or greater than 20 inches in length. All largemouth bass and smallmouth bass that are 14 to 20 inches in length, inclusive, must be immediately returned to the water. A person's possession limit may not include more than one largemouth bass or smallmouth bass over 20 inches in length.
Subp. 145. South Twin Lake bass regulations.
While a person is on or fishing in the following waters, all largemouth bass and smallmouth bass in possession must be less than 14 inches in length or greater than 20 inches in length. All largemouth bass and smallmouth bass that are 14 to 20 inches in length, inclusive, must be immediately returned to the water. A person's possession limit may not include more than one largemouth bass or smallmouth bass over 20 inches in length.
Subp. 146. Largemouth bass and smallmouth bass protected slot limit.
While a person is on or fishing in the following waters, all largemouth bass and smallmouth bass in possession must be less than 14 inches in length or greater than 20 inches in length. All largemouth bass and smallmouth bass that are 14 to 20 inches in length, inclusive, must be immediately returned to the water. A person's possession limit may not include more than one largemouth bass or smallmouth bass over 20 inches in length.
Subp. 147. Walleye maintenance protected slot limit.
While a person is on or angling in the following water, all walleye in possession must be less than 20 inches in length or greater than 24 inches in length. All walleye that are 20 to 24 inches in length, inclusive, must be immediately returned to the water. A person's possession limit may not include more than one walleye over 24 inches in length.
Subp. 148. Sunfish regulation; daily limit of five.
While a person is on or angling in the following waters, the daily limit for sunfish is five. Possession limits under part 6262.0200 apply. No more than a single daily limit for sunfish may be in immediate physical possession while on or angling in the listed water body. A person who is in transit on the water, taking the most direct route back to the person's lodging or docking, and not angling may possess legally taken sunfish in excess of the daily limit for that water body.
Subp. 149. Sunfish regulation; daily limit of ten.
While a person is on or angling in the following waters, the daily limit for sunfish is ten. Possession limits under part 6262.0200 apply. No more than a single daily limit for sunfish may be in immediate physical possession while on or angling in the listed water body. A person who is in transit on the water, taking the most direct route back to the person's lodging or docking, and not angling may possess legally taken sunfish in excess of the daily limit for that water body.
Subp. 150. Crappie regulation; daily limit of five.
While a person is on or angling in the following waters, the daily limit for crappie is five. Possession limits under part 6262.0200 apply. No more than a single daily limit for crappie may be in immediate physical possession while on or angling in the listed water body. A person who is in transit on the water, taking the most direct route back to the person's lodging or docking, and not angling may possess legally taken crappie in excess of the daily limit for that water body.
Subp. 151. Crappie regulation; minimum size limit and daily limit of five.
While a person is on or angling in the following waters, all crappie in possession must be ten inches or greater in length. All crappie less than ten inches in length must be immediately returned to the water. The daily limit for crappie is five. Possession limits under part 6262.0200 apply. No more than a single daily limit for crappie may be in immediate physical possession while on or angling in the listed water body. A person who is in transit on the water, taking the most direct route back to the person's lodging or docking, and not angling may possess legally taken crappie in excess of the daily limit for that water body.
Subp. 152. Northern pike 22-inch to 30-inch protected slot limit.
While a person is on or fishing in the following waters, all northern pike in possession must be less than 22 inches in length or greater than 30 inches in length. All northern pike that are 22 to 30 inches in length, inclusive, must be immediately returned to the water. A person's daily and possession limit is ten and may not include more than one northern pike over 30 inches in length.
Subp. 153. Big Sandy Lake walleye regulation.
While a person is on or angling in the following waters, all walleye in possession must be 14 to 18 inches in length, inclusive. All walleye that are less than 14 inches in length or greater than 18 inches in length must be immediately returned to the water, except a person's daily and possession limit may include one walleye over 26 inches in length.
Subp. 154. Basswood northern pike regulation.
While a person is on or angling in the following waters, all northern pike in possession must be less than 30 inches in length or greater than 40 inches in length. All northern pike that are 30 to 40 inches in length, inclusive, must be immediately returned to the waters. A person's daily and possession limit is two and may not include more than one northern pike over 40 inches in length. The season for northern pike is open continuously.
Subp. 155. Rainy Lake; walleye restrictions.
To the extent that this subpart is inconsistent with part 6266.0700, subpart 2, this subpart prevails. While a person is on or fishing in the following waters, all walleye in possession or under control, regardless of where taken, must be less than 18 inches in length or greater than 26 inches in length. All walleye that are 18 to 26 inches in length, inclusive, must be immediately returned to the water. A person's possession and daily limit for walleye is four and must not include more than one walleye over 26 inches in length. Walleye legally taken from Ontario waters of Rainy Lake that do not comply with the length limits of this subpart may be possessed only with documentation of a residence or property on Ontario waters of Rainy Lake or a dated receipt from an Ontario resort on Rainy Lake as proof of fishing on Ontario waters of Rainy Lake. A person in possession of walleye that were legally taken from Ontario waters of Rainy Lake but that are not within the legal sizes under this subpart may not fish on the following waters.
Subp. 156. Fairmont Chain of Lakes; yellow bass expanded harvest.
While a person is on or angling in the following waters, the daily limit for yellow bass is 100, with unlimited possession and no closed season.
History
- Statutory Authority: MS s 14.38; 14.386; 14.388; 84.027; 97A.045; 97A.101; 97A.485; 97C.001; 97C.005; 97C.025; 97C.081; 97C.085; 97C.087; 97C.395; 97C.405; L 2015 1Sp4 art 5 s 30
- History: 20 SR 2248; 21 SR 1166; 22 SR 292; 22 SR 1239; 22 SR 1559; 23 SR 464; 23 SR 1735; 24 SR 1186; 24 SR 1849; 25 SR 1379; 26 SR 1082; 27 SR 1313; 28 SR 33; 28 SR 629; 28 SR 1011; 29 SR 596; 29 SR 871; 29 SR 876; 29 SR 948; 30 SR 697; 30 SR 904; 31 SR 745; 31 SR 1319; 32 SR 1039; 32 SR 1044; 32 SR 1547; 33 SR 1441; 33 SR 1442; 34 SR 1071; 34 SR 1165; 35 SR 1093; 36 SR 436; 36 SR 810; 36 SR 1247; 37 SR 1208; 37 SR 1431; 38 SR 787; 38 SR 1061; 39 SR 5; 39 SR 822; 39 SR 1257; L 2015 1Sp4 art 5 s 34; 40 SR 750; 40 SR 826; 41 SR 1019; 42 SR 1015; 43 SR 989; 43 SR 1144; 44 SR 933; 45 SR 931; 46 SR 1026; 47 SR 845; 48 SR 819; 49 SR 45; 49 SR 995; 49 SR 1416; 50 SR 871
Chapter 6266 BOUNDARY WATERS FISHING REGULATIONS
Minn. R. 6266.0100 General Regulations for Taking Fish on Boundary Waters with Adjacent States
Subpart 1. License requirements on boundary waters.
Residents may fish adjacent states' boundary waters listed in parts 6266.0200, subpart 1; 6266.0300, subpart 1; 6266.0400, subpart 1; and 6266.0500, subpart 1, only if in possession of a valid resident angling license or otherwise authorized to angle in this state. Residents of an adjacent state may fish the boundary waters only if in possession of a valid resident angling license of that state or otherwise lawfully authorized to angle in that state. Residents of nonadjacent states and foreign countries may fish the boundary waters only if in possession of a valid nonresident angling license issued by this state or the adjacent state or otherwise authorized to angle in this state or the adjacent state.
Subp. 2. Possession limits on boundary waters.
A. Licensed anglers, or those exempt from licensing, may possess only one limit of fish while on the adjacent state's boundary waters listed in parts 6266.0200, subpart 1; 6266.0300, subpart 1; 6266.0400, subpart 1; and 6266.0500, subpart 1, regardless of the number of licenses held.
B. Where regulations differ between this state and an adjacent state on such boundary waters, the exercise of the more liberal regulations is limited to persons licensed by the more liberal state and confined to the territorial waters of the more liberal state.
C. Fish that are taken by angling on Minnesota boundary waters with North Dakota and on that portion of the Bois de Sioux River from the White Rock Dam to the North Dakota border and not immediately released or returned to the water as defined in Minnesota Statutes, section 97A.015, subdivision 26c, are considered to be in possession and part of the bag limit. No culling or live well sorting (the act of replacing one fish with another one) is allowed. Fish may not be released after being reduced to possession, except that an angler may release fish to the same water body where the fish were taken when the angler is done fishing for that day and before the angler leaves the water body.
D. Licensed anglers, or those exempt from licensing, must follow the general restrictions on transport, possession, and packing of fish while on a boundary water unless otherwise specified in this chapter or part 6262.0300.
Subp. 3. Species of fish not specified.
Species of fish not specified in parts 6266.0200 to 6266.0600 may be taken and possessed in adjacent state boundary waters only as authorized for the inland waters of the state in which taken.
Subp. 4. Designated water bodies.
To the extent that chapter 6264 is inconsistent with parts 6266.0200 to 6266.0600, the provisions of chapter 6264 apply.
History
- Statutory Authority: MS s 14.389; 84.027; 97A.045; 97C.045
- History: 18 SR 83; 19 SR 2222; 20 SR 2287; 22 SR 292; 28 SR 629; 32 SR 1039; 39 SR 822; 41 SR 644
Minn. R. 6266.0200 Taking Fish on Minnesota-Iowa Boundary Waters
Subpart 1. Specified waters.
The provisions of this part apply to all parts of the following named Minnesota-Iowa boundary waters:
A. Little Spirit Lake in Jackson County;
B. Iowa Lake in Jackson and Nobles Counties;
C. Iowa Lake in Martin County;
D. Okamanpeedan (Tuttle) Lake in Martin County; and
E. Swag Lake in Martin County.
Subp. 2. Species, seasons, and limits on Minnesota-Iowa boundary waters.
The following applies to the species, seasons, and limits for taking fish on Minnesota-Iowa boundary waters:
When the closing date falls on a Saturday, the season extends through the following Sunday.
Subp. 3. Using set lines.
The taking of fish by means of a set line is prohibited on Minnesota-Iowa boundary waters.
Subp. 4. Spearing restrictions.
The taking of fish by spearing is prohibited on Minnesota-Iowa boundary waters, except that carp, buffalo, sheepshead, bowfin, gar, and quillback may be taken by spearing and possessed without limit.
Subp. 5. Number of lines allowed.
A person may not angle with more than two lines, or more than two poles with one line attached to each pole, or use more than two hooks on each line while on Minnesota-Iowa boundary waters.
Subp. 6. Shelter house deadline.
A person may not permit a shelter house to remain on the ice of Minnesota-Iowa boundary waters after February 20.
Subp. 7. Taking minnows exempted.
This part does not apply to the taking of minnows which are governed by the laws and rules of the state in which the minnows are taken.
History
- Statutory Authority: MS s 97A.045; 97C.045; 97C.395; 97C.401
- History: 18 SR 83; 37 SR 1664; 39 SR 822
Minn. R. 6266.0300 Taking Fish on Minnesota-North Dakota Boundary Waters
Subpart 1. Specified waters.
The provisions of this part apply to all parts of the following named Minnesota-North Dakota boundary waters:
A. Bois de Sioux River; and
B. Red River of the North.
Subp. 2. Species, seasons, and limits on Minnesota-North Dakota boundary waters.
The following applies to the species, seasons, and limits for taking fish on Minnesota-North Dakota boundary waters:
Subp. 3. Spearing restrictions.
The taking of fish by spearing is prohibited on Minnesota-North Dakota boundary waters, except that carp, buffalo, sheepshead, suckers, redhorse, bowfin, and gar may be taken by spearing from May 1 through December 31 between sunrise and sunset each day. There is no possession limit on the listed species of fish. A person may not have in possession on or near the water or ice of Minnesota-North Dakota boundary waters a spear at any time, except during the open season for spearing. Possession includes personal possession and possession in a vehicle.
Subp. 4. Shelter house deadline.
A person may not permit a shelter house to remain on the ice of Minnesota-North Dakota boundary waters after March 5. Portable shelters may be used after March 5 by persons actively engaged in angling, but must be removed daily when not in use.
Subp. 5. Using set lines.
The taking of fish by means of a set or unattended line is prohibited on Minnesota-North Dakota boundary waters.
Subp. 6. Number of lines allowed.
A person may not angle with more than two lines or more than two hooks on each line on Minnesota-North Dakota boundary waters.
Subp. 7. Taking minnows exempted.
This part does not apply to the taking of minnows. The taking of minnows is governed by the laws and rules of the state in which the minnows are taken.
Subp. 8. Dark house spearing.
Taking fish by spearing from or within a dark house is allowed on Minnesota-North Dakota boundary waters according to items A to E.
A. Spearing season is from November 15 to the last Sunday in February, inclusive, between sunrise and sunset.
B. Carp, buffalo, sheepshead, suckers, redhorse, bowfin, and gar may be taken with a spear and possessed without limit.
C. Northern pike may be taken with a spear and the possession limit is three.
D. A person may not have a spear in possession on or near the water or ice of Minnesota-North Dakota boundary waters at any time, except during the open season for spearing.
E. Possession includes personal possession and possession in a vehicle.
History
- Statutory Authority: MS s 97A.045; 97C.045; 97C.395; 97C.401
- History: 18 SR 83; 19 SR 2222; 20 SR 2287; 24 SR 1849; 32 SR 1039; 37 SR 1664; 39 SR 822
Minn. R. 6266.0400 Taking Fish on Minnesota-South Dakota Boundary Waters
Subpart 1. Specified waters.
The provisions of this part apply to all parts of the following named Minnesota-South Dakota boundary waters:
A. Lake Hendricks;
B. Big Stone Lake;
C. Lake Traverse;
D. Mud Lake;
E. Bois de Sioux River; and
F. Mustinka River from the mouth to the Minnesota State Highway 117 bridge.
Subp. 2. Species, seasons, and limits on Minnesota-South Dakota boundary waters.
The following applies to the species, seasons, and limits for taking fish on Minnesota-South Dakota boundary waters:
When the closing falls on a Saturday, the season extends through the following Sunday.
Subp. 3. Spearing restrictions.
The taking of fish by spearing is prohibited on Minnesota-South Dakota boundary waters, except that carp, buffalo, sheepshead, suckers, redhorse, bowfin, burbot, and gar may be taken by spearing and possessed without limit from May 1 through the last day in February between sunrise and sunset each day. When the closing day falls on a Saturday, the season extends through March 1. A person may not have a spear in possession on or near the water or ice of Minnesota-South Dakota boundary waters at any time, except during the open season for spearing. Possession includes personal possession and possession in a vehicle.
Subp. 4. Restricted equipment.
A person may not have in possession on or near the water or ice of Minnesota-South Dakota boundary waters a spear or spring gaff at any time, except during the open season for spearing.
Subp. 5. Dark house spearing.
Taking fish by spearing from or within a dark house is allowed on Minnesota-South Dakota boundary waters according to items A to F.
A. Spearing season is November 15 to the last Sunday in February, inclusive, between sunrise and sunset.
B. Carp, buffalo, sheepshead, suckers, redhorse, bowfin, burbot, and gar may be taken by spearing and possessed without limit.
C. Northern pike may be taken with a spear and the possession limit is three.
D. Catfish may be taken by spear, except on Bois De Sioux River from the White Rock Dam to the North Dakota border. The possession limit is five. Only one fish may be over 24 inches.
E. A person may not have a spear in possession on or near the water or ice of Minnesota-South Dakota boundary waters at any time, except during the open season for spearing.
F. Possession includes personal possession and possession in a vehicle.
Subp. 6. Shelter house deadline.
A person may not permit a shelter house to remain on the ice of Minnesota-South Dakota boundary waters after March 5.
Subp. 7. Using set lines.
The taking of fish by means of a set line is prohibited on Minnesota-South Dakota boundary waters.
Subp. 8. Number of lines allowed.
A person may not angle with more than two lines or have more than three hooks on each line on Minnesota-South Dakota boundary waters.
Subp. 9.
[Repealed, 37 SR 1431]
Subp. 10. Taking minnows exempted.
This part does not apply to the taking of minnows, which are governed by the laws and regulations of the state in which the minnows are taken.
Subp. 11. Commercial fishing.
Only the following species may be taken by commercial fishing operations from Minnesota-South Dakota boundary waters: carp, buffalo, suckers, redhorse, sheepshead, bowfin, burbot, tullibees, gar, goldeyes, bullheads, smelt, whitefish, and white (striped) bass.
Subp. 12. Species prohibited for use as bait.
On Minnesota-South Dakota boundary waters, carpsucker and buffalo species may not be used for bait and live mussels and clams may be used for bait only on the body of water where taken.
Subp. 13.
[Repealed, 37 SR 1431]
Subp. 14.
[Repealed, 28 SR 629]
History
- Statutory Authority: MS s 84.027; 97A.045; 97A.055; 97C.045; 97C.395; 97C.401
- History: 18 SR 83; 19 SR 2222; 20 SR 2287; 22 SR 292; 24 SR 1849; 28 SR 629; 28 SR 1011; 32 SR 1039; 37 SR 1431; 37 SR 1664; 39 SR 822; 43 SR 988
Minn. R. 6266.0500 Taking Fish on Minnesota-Wisconsin Boundary Waters
Subpart 1. Specified waters.
The provisions of this part apply to the following described Minnesota-Wisconsin boundary waters:
A. Mississippi River and Lake Pepin extending from the mouth of the St. Croix River at the U.S. Highway 10 bridge at Prescott, Wisconsin to the southern boundary of this state and lying between the Burlington Northern main railroad tracks on the Wisconsin side and the Canadian Pacific, St. Paul, and Pacific Railroad tracks on the Minnesota side, including all sloughs, backwaters, bays, and newly extended water areas lying between the railroad tracks.
B. All those portions of Lake St. Croix and the St. Croix River as far as the same lie along the boundary between the state of Minnesota and the state of Wisconsin.
C. All those portions of the St. Louis River, including St. Louis Bay and Superior Bay, as far as the same line along the boundary between said states downstream to an imaginary line drawn between the northwest bank of the Nemadji River where it forms a junction with Superior Bay and the southwest bank of the Superior entry channel where it forms a junction with Superior Bay.
Subp. 2. Definitions.
The terms used in parts 6266.0500 and 6266.0600 have the meanings given in this subpart.
A. "Commercial operator" means a person properly licensed to take fish in the Minnesota-Wisconsin boundary waters by means of a net, set line, or other legal equipment for the purpose of sale.
B. "Game fish" has the meaning given under Minnesota Statutes, section 97A.015, subdivision 25.
C. "Minimum length" means the length of a fish measured in a straight line from the tip of the nose or jaw, whichever is longer, to the farthest tip of the tail fin when fully extended. When measuring turtles, it means the length of the dorsal surface of the carapace (top shell) measured from side to side across the shell at midpoint.
D. "Minnows" has the meaning given under Minnesota Statutes, section 97A.015, subdivision 29.
E. "Rough fish" has the meaning given under Minnesota Statutes, section 97A.015, subdivision 43.
F. "Sunfish" has the meaning given under Minnesota Statutes, section 97A.015, subdivision 46.
Subp. 3. Species, seasons, and limits on Minnesota-Wisconsin boundary waters.
To the extent that chapter 6264 is inconsistent with this part, the provisions of chapter 6264 apply. Lake sturgeon are designated under part 6264.0400, subpart 90. Except as provided in chapter 6264, the following applies to the species, seasons, and limits for taking fish on Minnesota-Wisconsin boundary waters:
Subp. 4. Number of lines allowed.
Except as provided under Minnesota Statutes, section 97C.315, subdivision 2, a person may not angle with more than two lines or one line with more than two baits on Minnesota-Wisconsin boundary waters. A person may not fish with an unattended line or take fish by snagging. A fish hooked in any part of the body, except the mouth, must immediately be unhooked and returned to the water.
Subp. 5. Sale of fish prohibited.
A person may not buy, sell, or offer to buy or sell any fish taken on Minnesota-Wisconsin boundary waters by angling, except that rough fish may be bought and sold at any time.
Subp. 6. Closed areas.
A person may not fish from shore or boat within the area from the Taylors Falls (St. Croix Falls) dam on the St. Croix River to 50 feet downstream from the pier in the center of the river. A person may not fish from shore or boat within the area from the Taylors Falls (St. Croix Falls) dam on the St. Croix River to the upstream side of the U.S. Highway 8 bridge on the St. Croix River from March 2 through June 15. Closed areas must be marked with suitable signs or buoys designating the closed areas. A person may not fish in the St. Louis River from Fond du Lac Dam downstream approximately one-half mile to the Minnesota-Wisconsin boundary cable at any time. A person may not fish in the St. Louis River from the Minnesota-Wisconsin boundary cable downstream to the Highway 23 bridge from March 1 through May 18 each year.
Subp. 7. Shelter house deadline.
Buildings, vehicles, tents, fish houses, or similar enclosures may be used on the ice for fishing purposes on Minnesota-Wisconsin boundary waters. All enclosures or shelters must be removed from the ice on or before March 1 of each year. Portable shelters may be used after March 1 by persons actively engaged in fishing, but must be removed daily when not in use. The door of an enclosure or shelter must be equipped with a latch that permits the door to be readily opened from the outside at all times while the enclosure or shelter is occupied.
Subp. 8. Restricted equipment.
No more than two tip-ups may be used for ice fishing on Minnesota-Wisconsin boundary waters. Tip-ups may not be more than 400 feet from the angler. A person may not use a spear, dip net, or bow and arrow in any manner at any time for the purpose of taking game fish or have in possession or under control any fish spear, spring gaff, or similar device in a fish house. Rough fish may be taken by means of a spear or dip net not to exceed 24 inches in diameter, from sunrise to sunset only, from the Saturday nearest May 1 through March 1. A person may not have in possession on the water or immediate banks of the water a spear, except during the open season for spearing.
Subp. 9.
[Repealed, 28 SR 629]
Subp. 10. Prohibition on taking fish for bait purposes.
The taking of minnows or other fish for bait purposes from all Minnesota waters of Lake Superior and all waters of the St. Louis River downstream of the Fond du Lac Dam in St. Louis and Carlton Counties, including any and all outflows, estuaries, streams, creeks, or waters adjacent to or flowing into these waters is prohibited.
History
- Statutory Authority: MS s 14.388; 84.027; 97A.045; 97A.401; 97C.001; 97C.005; 97C.045; 97C.395; 97C.401
- History: 18 SR 83; 20 SR 2287; 23 SR 348; 24 SR 1849; 28 SR 629; 30 SR 394; 32 SR 1039; 33 SR 1442; 37 SR 1664; 39 SR 822; 44 SR 941; 49 SR 683
Minn. R. 6266.0600 Minnesota-Wisconsin Boundary Waters Commercial Regulations
Subpart 1. Commercial operations and equipment.
Licensed commercial operators may take minnows and rough fish as provided in this part. Commercial gear authorized under a commercial fishing license includes set lines (trot lines), seines, gill nets, and traps when used to take minnows. The commissioner may authorize the use of other gear under contract or permit as may be agreed upon between the states of Minnesota and Wisconsin. Commercial gear, unless otherwise specified, may not be used or operated in Pool 4 of the Mississippi River between Mile Post 780 and 797 from March 1 through May 31.
Subp. 2. Territorial restrictions for commercial operations.
On Minnesota-Wisconsin boundary waters, a commercial operator may operate only in the territorial waters of the state of licensure.
Subp. 3. Commercial fishing restrictions.
The following restrictions apply to commercial fishing on Minnesota-Wisconsin boundary waters:
A. Game fish taken in any commercial fishing operation must be returned to the water immediately. Grass carp taken during commercial fishing operations may not be returned to the water.
B. A person other than the license holder or a licensed helper may not tend commercial fishing gear. Commercial nets or set lines may not be used or operated in any waters within 900 feet below any dam on the Mississippi River.
C. The commissioner may require the operator of any seine, set line, or gill net to cease fishing operations when it has been determined that such operations are detrimental to game fish or other protected wildlife.
D. Nets or set lines may not be set, lifted, hauled, or tended in any manner between one-half hour after sunset and one hour before sunrise of the following morning, except when completing an ongoing seine haul with the permission of the commissioner.
E. A licensed commercial operator, any crew member, or any person in the boat may not have in possession any game fish or sport angling equipment while operating licensed commercial gear or while traveling to or from the place of operation of such gear.
F. A person, other than a person selling commercial gear at wholesale or retail, may not have in possession or under control any unlicensed commercial fishing gear or a basket trap (slat net), trammel net, or wooden trap which could be used for the purpose of taking, catching, or killing fish in any of the counties bordering the boundary waters as specified in part 6266.0500.
G. Commercial operators licensed to fish Minnesota-Wisconsin boundary waters must submit monthly reports on forms provided by the commissioner, regardless of whether fish are taken or whether any fishing operations have taken place. Reports must be sent to the address identified on the form so that they are received by the tenth day of the month following the month that the activity took place.
Subp. 4. Using set lines.
Rough fish may be taken from April 1 through October 31 in the Mississippi River and Lake Pepin by licensed commercial operators with the use of set lines. A person may not set or operate more than a total of four set lines, not to exceed 100 hooks attached to each line or 400 hooks in the aggregate, nor place set lines in any manner which obstructs any type of boat travel in more than three-fourths the width of any bay, slough, or channel. A person using set lines may not use any frogs, game fish, bullheads of any size, or their parts for bait. Set lines must have attached the identification tag provided with the license. At one end of every set line there must be a white flag, not less than 16 inches square, the upper end of which must extend at least two feet above the water, which must be legibly numbered with figures at least three inches in height corresponding with the number of the license authorizing the use of the set line, or a nonmetallic buoy of permanent buoyancy and of at least one gallon displacement of white or yellow color bearing the markings described above. Set lines must be lifted and fish removed at least once every 24 hours and must be set or lifted only between one hour before sunrise and one-half hour after sunset.
Subp. 5. Using seines.
Rough fish may be taken by commercial operators with the use of seines of any size only in those portions of the Minnesota-Wisconsin boundary waters lying south of the U.S. Highway 8 bridge at St. Croix Falls. From October 1 through April 30, each commercial operator may retain no more than 100 pounds of catfish per day taken incidental to commercial operations. Catfish must have a minimum length of 15 inches. Seine hauls may not be made without the operator first having notified the local conservation officer and area fisheries supervisor of the hauls.
Subp. 6. Using gill nets.
The following provisions apply to the use of gill nets in commercial fishing operations on Minnesota-Wisconsin boundary waters:
A. Rough fish may be taken in the Mississippi River and Lake Pepin by commercial operators with the use of gill nets having a mesh measuring 3-1/2 inches or larger, bar or square measure, measured while in use and inside the knots. Gillnetting may not be used as a drag seine or drift net at any time.
B. Gill nets must be attached to an end stake, pole, or anchored buoy bearing a white flag, not less than 16 inches square, the upper end of which must extend at least two feet above the water or ice at all times when the net is set or in operation, which must be legibly numbered with figures at least three inches in height corresponding with the number of the license authorizing the use of such nets.
C. Gill nets must be lifted and emptied of fish at least once every 24 hours when set in open water and at least once every 48 hours when set under the ice, unless otherwise authorized by the commissioner.
D. Gill nets may not be set in such a manner as to obstruct any type of boat travel in more than three-fourths the width of any slough, bay, or channel.
Subp. 7. Taking minnows.
The following provisions apply to the commercial taking of minnows on Minnesota-Wisconsin boundary waters:
A. Minnows may not be taken in Minnesota-Wisconsin boundary waters, except in the St. Croix River upstream of the Taylors Falls Dam, by seine, dip net, or trap. Seines may not exceed 50 feet in length or five feet in depth, nor have mesh exceeding one-half inch, stretch measure. Dip net frames may not exceed six feet in diameter nor have a net bag more than four feet deep. A trap may not exceed 24 inches in length or 16 inches in diameter or have an opening at its throat exceeding 1-1/2 inches in diameter. All traps used in taking minnows must have securely attached a label or tag legibly and permanently bearing the name and address of the operator. All minnow traps must be raised and the minnows removed at least once every 24 hours.
B. Live carp fingerlings, except grass carp, may be transported for sale or for bait only by boat or other floating conveyance and only on the boundary waters where taken. Alewife, ruffe, and white perch may not be possessed or used as bait.
Subp. 8. Taking turtles.
Turtles may be taken incidental to licensed commercial fishing operations or by persons licensed to take turtles as provided by chapter 6256 and Minnesota Statutes, section 97A.475, and may be possessed and sold as provided by Minnesota Statutes, sections 97C.605 and 97C.611.
Subp. 9.
[Repealed, 28 SR 629]
History
- Statutory Authority: MS s 97A.045; 97C.045
- History: 18 SR 83; 20 SR 2287; 23 SR 348; 28 SR 629
Minn. R. 6266.0700 Taking Fish on Minnesota-Canada Boundary Waters
Subpart 1. Specified waters.
The provisions of this part apply to those portions of the following named Minnesota-Canada boundary waters:
A. Basswood Lake (except Jackfish, Pipestone, Hoist and Back Bays), T.64, R.9, 10; T.65, R.9, 10, Lake County;
B. Basswood River, T.65, R.10, 11, Lake County;
C. Birch Lake, T.64, R.8, 9; T.65, R.8, 9, Lake County;
D. Bottle Lake, T.67, R.13, St. Louis County;
E. Carp Lake, T.65, R.8, Lake County;
F. Clove Lake, T.65, R.4W, Cook County;
G. Crooked Lake, T.66, R.11, 12, Lake and St. Louis Counties;
H. Cypress Lake, T.66, R.6, Lake County;
I. Devil's Elbow, T.66, R.4W, Cook County;
J. Gneiss Lake, T.66, R.4W, Cook County;
K. Granite Lake, T.65, 66, R.4W, Cook County;
L. Granite River, T.66, R.4W, Cook County;
M. Gunflint Lake, T.65, R.2, 3, 4W, Cook County;
N. Iron Lake, T.66, R.12, 13; T.67, R.13, St. Louis County;
O. Knife Lake (except South Arm of Knife Lake), T.64, R.8; T.65, R.6, 7, 8; T.66, R.6, Lake County;
P. Knife River, T.65, R.8, Lake County;
Q. Lac La Croix Lake, T.67, R.13, 14, 15; T.68, R.13, 14, 15; T.66, R.13, St. Louis County;
R. Lake of the Woods, Lake of the Woods and Roseau Counties, including the following tributaries:
S. Lily Lakes, T.65, R.2E, Cook County;
T. Little Gunflint Lake, T.65, R.2W, Cook County;
U. Little Knife Lake, T.65, R.6, 7; T.66, R.6, Lake County;
V. Little North Lake, T.65, R.2W, Cook County;
W. Little Vermillion Lake, T.67, R.16, St. Louis County;
X. Loon Lake, T.66, 67, R.15, St. Louis County;
Y. Loon River, T.66, R.15, 16; T.67, R.15, 16, St. Louis County;
Z. Magnetic Lake, T.65, R.3, 4W, Cook County;
AA. Maraboeuf Lake, T.66, R.4W, Cook County;
BB. Melon Lake, T.65, R.8, Lake County;
CC. Moose Lake, T.65, R.3E, Cook County;
DD. Mountain Lake, T.65, R.1, 2E, Cook County;
EE. Namakan Lake, T.68, R.17, 18; T.69, R.17, 18, 19, St. Louis County;
FF. North Fowl Lake, T.65, R.3E, Cook County;
GG. North Lake, T.65, R.2W, Cook County;
HH. Pigeon River, T.64, R.3, 4, 5, 6, 7E, Cook County;
II. Pine River, T.65, R.3, 4W, Cook County;
JJ. Rainy Lake (including Black Bay), T.69, R.18, 19; T.70, R.18, 19, 20, 21, 22, T.71, R.20, 21, 22, 23, 24, Koochiching and Lake of the Woods Counties;
KK. Rainy River, T.70-71 and T.158-162, R.24-32, Koochiching and Lake of the Woods Counties, including the following tributaries:
LL. Rat Lake, T.65, R.1W, Cook County;
MM. Rove Lake, T.65, R.1E, Cook County;
NN. Saganaga Lake, T.66, R.4, 5W; T.67, R.4, 5W, Cook County;
OO. Sand Point Lake, T.67, R.16, 17; T.68, R.16, 17; T.69, R.17, St. Louis County;
PP. Seed Lake, T.65, R.8, Lake County;
QQ. South Lake, T.65, R.1, 2W, Cook County;
RR. South Fowl Lake, T.64, 65, R.3E, Cook County;
SS. Sucker Lake, T.64, R.8, 9, Lake County;
TT. Swamp Lake, T.66, R.6, Lake County; and
UU. Watab Lake, T.65, R.1E, Cook County.
Subp. 2. Species, seasons, and limits on Minnesota-Canada boundary waters.
A. To the extent that chapter 6264 is inconsistent with this part, the provisions of chapter 6264 apply.
B. The following border waters and species are designated under chapter 6264:
C. Except as provided in chapter 6264, the following applies to the species, seasons, and limits for taking fish on Minnesota-Canada boundary waters. When the closing date of the season falls on a Saturday, the season extends to the following Sunday, except for the walleye and sauger season, which always ends on April 14 regardless of which day of the week it falls.
Subp. 3. Number of lines allowed.
Only one line may be used to angle on Minnesota-Canada boundary waters, except two lines may be used while angling through the ice. Fish with length limits may not be possessed as fillets on the water while angling, except as provided in part 6262.0100, subpart 5, item D. Any fish that is hooked in any part of the body, except the mouth, must be immediately unhooked and returned to the water, whether dead or alive.
Subp. 4. Single limit requirement.
The provisions in items A and B apply to the limits for taking and possessing fish on Minnesota-Canada boundary waters.
A. While in this state, a person permitted to take and possess fish in this state and licensed by the Canadian province of Ontario or Manitoba may not possess fish taken from Minnesota-Canada boundary waters in excess of this state's limit.
B. While in this state, a person permitted to take and possess fish in this state and licensed by the Canadian province of Ontario or Manitoba may not possess fish taken from the inland waters of Ontario or Manitoba in excess of this state's limit unless the excess fish are accompanied by proof of taking from inland Canadian waters. When accompanied by such proof, one Canadian limit and one Minnesota limit may be possessed simultaneously. The following is considered sufficient proof for a period of seven days after date of issuance:
Subp. 5. Shelter house deadline.
On Minnesota-Canada boundary waters, a dark house, fish house, or shelter may remain on the ice no later than March 31. Portable shelters may be used after March 31 only when occupied for angling.
Subp. 6. Equipment.
A person shall not possess or use a gaff while fishing on the Rainy River.
History
- Statutory Authority: MS s 14.388; 84.027; 97A.045; 97A.485; 97C.001; 97C.005; 97C.025; 97C.045; 97C.081; 97C.395; 97C.401
- History: 18 SR 83; 22 SR 1559; 23 SR 348; 27 SR 1017; 28 SR 629; 28 SR 1011; 29 SR 596; 32 SR 1039; 32 SR 1044; 39 SR 822; 49 SR 45; 49 SR 1416
Chapter 6268 EXPERIMENTAL WATERS; PUBLIC INVOLVEMENT
Minn. R. 6268.0010 [Renumbered 6264.0250]
[Renumbered 6264.0250]
Minn. R. 6268.0020 [Renumbered 6264.0260]
[Renumbered 6264.0260]
Minn. R. 6268.0030 [Renumbered 6264.0270]
[Renumbered 6264.0270]
Minn. R. 6268.0040 [Renumbered 6264.0280]
[Renumbered 6264.0280]
Chapter 6270 AQUATIC MANAGEMENT AREAS
Minn. R. 6270.0050 Scope
This chapter applies to aquatic management areas as authorized by Minnesota Statutes, sections 86A.05, subdivision 14, and 86A.07.
History
- Statutory Authority: MS s 86A.06
- History: 22 SR 292
Minn. R. 6270.0100 Definitions
Subpart 1. Applicability.
For purposes of this chapter, the terms defined in this part have the meanings given them.
Subp. 2. Aquatic management area.
"Aquatic management area" means a unit of the outdoor recreation system established in accordance with Minnesota Statutes, section 86A.05, subdivision 14.
Subp. 3. Commissioner.
"Commissioner" means the commissioner of natural resources.
Subp. 4. Easement aquatic management area.
"Easement aquatic management area" means an aquatic management area for which the commissioner acquires easement rights for angler and management access.
Subp. 5. General use aquatic management area.
"General use aquatic management area" is a designation for identifying permitted and prohibited activities as described in part 6270.0200 on an aquatic management area acquired in fee simple by the commissioner.
Subp. 6. Restricted use aquatic management area.
"Restricted use aquatic management area" is a designation for identifying permitted and prohibited activities as described in part 6270.0200 on an aquatic management area acquired in fee simple by the commissioner.
History
- Statutory Authority: MS s 86A.06
- History: 22 SR 292
Minn. R. 6270.0200 General Provisions for Use of Aquatic Management Areas
Subpart 1. Posting of aquatic management areas.
The commissioner shall designate restricted use and general use aquatic management areas by posting signs at access points.
Subp. 2. Permitted activities for restricted use and general use aquatic management areas.
The following activities are permitted in restricted use and general use aquatic management areas:
A. angling;
B. nonmotorized travel;
C. wildlife observation; and
D. other uses that are consistent with Minnesota Statutes, section 86A.05, subdivision 14, unless prohibited by posting signs or by subpart 5.
Subp. 3. Permitted activities for general use aquatic management areas.
In addition to the permitted activities specified in subpart 2, hunting and trapping are permitted on general use aquatic management areas. The commissioner shall determine if an aquatic management area can be designated as general use based on the location and size of the area, the proximity of residences or livestock, and any other factors that relate to the compatibility of hunting and trapping in the area.
Subp. 4. Easement aquatic management areas.
Angler access is permitted on easement aquatic management areas. Other prohibited and permitted activities are described in easement rights purchased from the landowner. Activities other than angling are permitted only when identified on signs posted at access points.
Subp. 5. Prohibited activities on restricted and general use aquatic management areas.
The activities in items A to K are prohibited on restricted and general use aquatic management areas except as noted.
A. A person may not operate a motorized vehicle except on roads, trails, and parking areas that are designated by sign.
B. A person may not leave a vehicle, trailer, boat, or tent overnight except by permit or in areas designated by signs for overnight use. A vehicle, trailer, or tent lawfully left overnight must be occupied.
C. A person may not build a fire except in a designated area.
D. A person may not destroy, disturb, or remove plants, trees, or other vegetative material, or signs, posts, fences, gates, buildings, or other property, except that edible fruits, seeds, and mushrooms may be removed for personal use.
E. A person may not engage in target, trap, skeet, or indiscriminate shooting except under permit by the commissioner.
F. A person may not construct or maintain a building, dock, fence, billboard, sign, or other structure within an aquatic management area.
G. A person may not construct, occupy, or use an elevated scaffold or stand to watch for or take wild animals, except that portable stands may be used on general use aquatic management areas if they do no permanent damage to vegetation. Portable stands must be removed each day at the close of legal shooting hours.
H. A person may not allow livestock, horses, or other domestic animals to enter a restricted or general use aquatic management area except:
I. A person may not dispose of garbage, trash, spoil, sludge, rocks, vehicles, carcasses, or other debris, or abandon or store property.
J. For purposes of this item, "aircraft" means a device used or designed for navigating or flying in the air, including unmanned and remote-controlled devices. It is unlawful for a person to land, launch, or operate an aircraft on lands and waters within the boundaries of an aquatic management area, except:
K. A person may not engage in any other activity that is prohibited by the commissioner when notice of the prohibition is posted by the commissioner at access points. The commissioner may prohibit activities that are inconsistent with Minnesota Statutes, section 86A.05, subdivision 14.
Subp. 6. Department operations excluded.
This part does not apply to persons lawfully engaged in the performance of their duties in the management and administration of aquatic management areas, including agents of the commissioner, persons operating under permit or contract with the Department of Natural Resources, and law enforcement officers.
History
- Statutory Authority: MS s 84.027; 86A.06; 97A.045; 97C.025; 97C.081; 97C.395
- History: 22 SR 292; 49 SR 45
Chapter 6280 AQUATIC PLANTS AND NUISANCES
Minn. R. 6280.0100 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 2. Aquatic plant.
"Aquatic plant" means a plant naturally growing in water, saturated soils, or seasonally saturated soils, and includes algae, submersed, floating-leaf, floating, and emergent plants, and their root stalks, seeds, and other vegetative propagules.
Subp. 2a. Aquatic plant management.
"Aquatic plant management" means activities intended to reduce, enhance, or otherwise alter aquatic plant populations by means of herbicides, biological agents, mechanical devices, physical alteration, or transplanting or seeding aquatic plants.
Subp. 2b. Aquatic plant management permit or APM permit.
"Aquatic plant management permit" or "APM permit" means a permit issued by the commissioner authorizing aquatic plant management or aquatic nuisance control.
Subp. 2c. Aquatic plant management (APM)-related conviction.
"Aquatic plant management (APM)-related conviction" includes a conviction under:
A. this chapter or Minnesota Statutes, section 103G.615 (permits to harvest or destroy aquatic plants);
B. chapter 6115 (public water resources) or Minnesota Statutes, section 103G.245 (work in public waters), if the conviction is for work that resulted in the destruction of aquatic plants;
C. chapter 8420 (wetland conservation) or Minnesota Statutes, section 103G.222 (replacement of wetlands); or
D. any other applicable rules and statutes, if the conviction is for work that resulted in the destruction of aquatic plants.
Subp. 2d. Aquatic plant management (APM)-related permit revocation.
"Aquatic plant management (APM)-related permit revocation" includes the revocation of an APM, commercial mechanical control, or commercial harvest permit.
Subp. 3. Aquatic nuisance.
"Aquatic nuisance" means the presence of leeches, snails that carry swimmer's itch, or algae in such abundance as to interfere with boating, swimming, or other aquatic recreation or beneficial water use.
Subp. 3a. Automated aquatic plant control device.
"Automated aquatic plant control device" means a self-propelled device that is capable of destroying aquatic plants.
Subp. 4. Bog.
"Bog" means an aquatic mat, either attached to or resting on the bottom or floating, that is made up of dead organic matter held together by various types of living plants.
Subp. 4a. Commercial harvest.
"Commercial harvest" means taking aquatic plants for sale, for establishing stock to produce plants for sale, or for transferring to another person for sale or establishment of stock to produce plants for sale. "Sale" has the meaning given in Minnesota Statutes, section 97A.015, subdivision 44.
Subp. 4b. Commercial harvest permit.
"Commercial harvest permit" means a permit issued by the commissioner authorizing commercial harvest of aquatic plants.
Subp. 4c. Commercial mechanical control.
"Commercial mechanical control" means conducting mechanical control for financial or other material compensation.
Subp. 5.
[Repealed, 33 SR 1721]
Subp. 5a. Emergent aquatic plants.
"Emergent aquatic plants" means aquatic plants with lower portions that are rooted in hydric soils and typically below the water's surface and leaves, stems, and reproductive parts that are typically above the water's surface, including species in the genera Scirpus, Typha, and Zizania. Submersed and floating-leaf aquatic plants that have emergent fruits, flowers, or leaves are not included in this definition.
Subp. 6. Excessive algae bloom.
"Excessive algae bloom" means that one or more of the following conditions are present:
A. algae population is dominated by blue-green algae;
B. secchi disc reading is typically two feet or less due to the algae bloom;
C. floating mats or scums of plankton or filamentous algae have accumulated on the downwind shore; or
D. decomposition of accumulated algae has occurred releasing a blue-green pigment and causing an offensive odor.
Subp. 7. Field inspection.
"Field inspection" means an on-site review by the commissioner of a proposed APM permit.
Subp. 7a. Filamentous algae.
"Filamentous algae" means algae cells that form long visible chains, threads, or filaments, which intertwine and form a mat, generally growing near shore and sometimes growing on the bottom or on rooted aquatic plants. Macro-algae in the genera Chara or Nitella are not included in this definition.
Subp. 7b. Floating-leaf aquatic plants.
"Floating-leaf aquatic plants" means aquatic plants that are rooted in the bottom and have their lower portions submersed in water and leaves that float on the surface of the water, including species in the genera Nymphaea, Nuphar, Brasenia, and Nelumbo. Species in the genera Potamogeton, Callitriche, and Ranunculus, which are submersed aquatic plants that may produce some floating leaves, are not included in this definition.
Subp. 7c. Group APM permit.
A "group APM permit" is an APM permit that includes more than one riparian property owner or lessee or that authorizes control adjacent to more than one riparian property.
Subp. 8. Label and labeling.
"Label and labeling" has the meaning given in Minnesota Statutes, section 18B.01, subdivisions 13 and 14.
Subp. 9. Littoral area.
"Littoral area" means the surface area of a body of water where the depth is 15 feet or less.
Subp. 9a. Mechanical control.
"Mechanical control" means cutting, pulling, raking, or otherwise removing or altering aquatic plants by physical means, including by hand and motorized or nonmotorized equipment. Incidental damage caused to aquatic plants by watercraft traveling to and from open water, commercial harvesting of aquatic plants, transplanting aquatic plants, moving a bog, and harvesting aquatic plants for personal use are not mechanical control.
Subp. 10.
[Repealed, 33 SR 1721]
Subp. 10a. Offshore control.
"Offshore control" means mechanical or pesticide control that is done away from the shoreline and not for the purpose of providing a riparian property owner or lessee access to open water.
Subp. 11. Ordinary high water level.
"Ordinary high water level" has the meaning given in Minnesota Statutes, section 103G.005, subdivision 14.
Subp. 11a. Personal use.
"Personal use" means use of aquatic plants by an individual for purposes that do not include sale or transfer to another person for sale, as defined by Minnesota Statutes, section 97A.015, subdivision 44.
Subp. 12. Pesticide.
"Pesticide" has the meaning given by Minnesota Statutes, section 18B.01, subdivision 18.
Subp. 12a. Pesticide control.
"Pesticide control" means applying herbicides or other chemicals to control aquatic plants and nuisances.
Subp. 12b. Plankton algae.
"Plankton algae" means microscopic, nonvascular, free-floating plants, generally growing near the water surface, which may form multicellular colonies or filaments, but not attached to a substrate.
Subp. 13. Public waters.
"Public waters" means those waters of the state defined as public waters by Minnesota Statutes, section 103G.005, subdivision 15, and inventoried pursuant to Laws 1979, chapter 199, and Minnesota Statutes, section 103G.201.
Subp. 14.
[Repealed, 33 SR 1721]
Subp. 15.
[Repealed, 21 SR 1406]
Subp. 16. Submersed aquatic plants.
"Submersed aquatic plants" means aquatic plants that grow beneath the surface of the water, except for emergent flowers, fruits, and leaves, and may produce floating leaves but have mostly submersed leaves, including species in the genera Potamogeton, Callitriche, and Ranunculus and macro-algae in the genera Chara and Nitella and excluding plankton and filamentous algae.
History
- Statutory Authority: MS s 103G.615
- History: 18 SR 83; 21 SR 1406; 33 SR 1721
Minn. R. 6280.0200 [Repealed, 21 SR 1406]
[Repealed, 21 SR 1406]
Minn. R. 6280.0250 Standards for Aquatic Plant Management Permit Issuance
Subpart 1. Actions not requiring an APM or commercial harvest permit.
A person may conduct the activities listed in items A to H without an APM or commercial harvest permit, subject to restrictions in part 6280.0350, subpart 3. A person conducting activities under item C, E, F, or H must be an owner, lessee, or easement holder of land adjacent to the water where the activity is occurring or an agent of the owner, lessee, or easement holder:
A. cutting or pulling aquatic plants for the purpose of constructing shooting or observation blinds in amounts sufficient for those purposes;
B. harvesting aquatic plants or plant parts for personal use only;
C. except as provided for automated aquatic plant control devices in subpart 2, item D, mechanical control of submersed aquatic plants to maintain a site for swimming or boat docking not to extend along more than 50 feet or one-half the length of the owner's total shoreline, whichever is less, and not to exceed 2,500 square feet plus the area needed to extend a channel no wider than 15 feet to open water, provided the channel is included in the maximum shoreline feet allowed;
D. destroying aquatic plants incidental to activities authorized by a department permit for work in public waters as provided by Minnesota Statutes, section 103G.245, or by a license permitting the passage of utilities over public lands and waters as provided by parts 6135.0100 to 6135.1800 and Minnesota Statutes, section 84.415;
E. mechanical control of purple loosestrife (Lythrum salicaria);
F. skimming duckweed or filamentous algae off the surface of a water body;
G. mechanical or pesticide control of aquatic plants done as part of public road or utility crossing right-of-way maintenance by authorized government units or utility companies; and
H. mechanical control of floating-leaf aquatic plants to obtain a channel extending to open water, provided that:
Subp. 1a. Limits on APM activities without a permit.
Subpart 1 shall not be construed to allow taking or control of aquatic plants inconsistent with other provisions of law, including wild rice provisions under chapter 6284 and provisions for endangered, threatened, and of special concern species under chapter 6134. A person who receives an APM permit under this chapter may not conduct unpermitted aquatic plant control under subpart 1, item C or H, at the location and during the period covered by the permit.
Subp. 2. Actions requiring an APM permit.
Except as provided in subpart 1, a person must have an APM permit for all aquatic plant management activities below the ordinary high water level in public waters, including:
A. mechanical and pesticide control of aquatic plants or nuisances;
B. transplanting aquatic plants in public waters;
C. relocating or removing a bog or portion thereof; and
D. installing or operating an automated aquatic plant control device.
Subp. 3. Justification required for issuance of permits.
Permits for the control of emergent and floating-leaf aquatic plants will not be issued unless the commissioner determines sufficient justification exists. The commissioner will consider the relevant criteria in subpart 3a and balance the reasonable needs of riparian owners to gain access and use public water against the need to protect emergent and floating-leaf aquatic plants so that the integrity and value of the aquatic plant community is maintained.
Subp. 3a. Criteria for issuing APM permits.
The commissioner may issue APM permits for public waters to provide riparian access, enhance recreational use, control invasive aquatic plants, manage water levels, and protect or improve habitat. The following criteria shall be considered to determine if an APM permit should be approved or denied and how much control or harvest to allow under an APM permit:
A. the presence of aquatic plants or nuisances that are interfering with a permit applicant's ability to use watercraft, swim, or engage in other traditional recreational uses;
B. the habitat, water quality, and erosion control value of the aquatic plants subject to the proposed permit;
C. the extent of shoreline development on the water body subject to the proposed permit and potential for aquatic plant control to result in cumulative impacts to habitat and water quality;
D. the presence of invasive aquatic plants in the proposed permit area;
E. whether the water body subject to the proposed permit is a wetland or a shallow lake or bay that naturally supports abundant aquatic plants;
F. the prevalence of soft bottom types that could result in turbidity or changes to the cross-section of the bottom if aquatic plants are disturbed or removed;
G. whether the proposed permit is consistent with a lake vegetation management plan under part 6280.1000, subpart 2, and shoreland conservation ordinances, lake management plans and programs, wild and scenic river plans, and other pertinent ordinances and regulations;
H. whether the proposed permit is consistent with a variance issued to control invasive aquatic plants or protect or improve aquatic resources under part 6280.1000, subpart 1;
I. the presence of species designated as of special concern, threatened, or endangered under chapter 6134;
J. the presence of public land adjacent to the public water and the compatibility of the proposed permit with the management of the public land;
K. the presence of an excessive algae bloom; and
L. the presence of wild rice.
Subp. 4. Prohibitions.
An APM or commercial harvest permit will not be issued:
A. to place plastic mats, plastic sheets, filter fabric, or similar materials on the bed of public waters to destroy or prevent the growth of aquatic plants;
B. to improve the appearance of undeveloped shoreline;
C. for esthetic purposes alone on developed shoreline;
D. for mechanical or pesticide control or commercial harvest of aquatic plants in areas posted or designated by the commissioner as scientific and natural areas under Minnesota Statutes, section 84.033, or aquatic management areas under Minnesota Statutes, section 86A.07;
E. for pesticide control of aquatic plants, except plankton and filamentous algae, in natural environment lakes established pursuant to part 6120.3000 or in waters adjacent to special protection lakes, bays, or districts established pursuant to part 6120.3200;
F. for pesticide control of aquatic plants in watercourses or portions of watercourses classified as wild as defined under either the Minnesota or federal Wild and Scenic Rivers Acts as provided in Minnesota Statutes, section 103F.325, and Public Law 90-542 (1968), United States Code, title 16, sections 1271 to 1287, as amended; or
G. for mechanical or pesticide control or commercial harvest of aquatic plants within an area posted for fish spawning under Minnesota Statutes, section 97C.025.
Subp. 5. Pesticide treatment of drinking water.
The commissioner shall not issue an APM permit for pesticide treatment of waters used by humans for drinking unless approval is obtained from the Minnesota Department of Health.
Subp. 6. APM permit conditions.
The commissioner may specify conditions for APM permits to avoid or minimize harm to aquatic resources and conflict between public water users, including:
A. limits on the amount of control allowed, including limits on the percentage of the littoral area, shoreline length, and distance outward from the shoreline to be managed;
B. restrictions on the method and timing of control;
C. restrictions on the species of plants targeted by the control;
D. requirements for supervision of the control by the commissioner; and
E. requirements for public notice including posting at public water access sites, news releases or public notices in a local newspaper, public meetings, or other notice that would effectively inform users of the affected water.
Subp. 7. Inspections.
The commissioner shall require field inspection of a proposed APM permit site prior to issuing a permit for:
A. properties with no previous permit history, unless the proposed control is for swimmer's itch;
B. properties where there has been a lapse in permit issuance or where ownership has changed;
C. requests for changes in treatment area, plant type controlled, or method of control;
D. requests for off-shore control or requests to control invasive aquatic plants to enhance growth of native aquatic plants; and
E. properties where there has been a shoreline restoration order that could be affected by aquatic plant control.
History
- Statutory Authority: MS s 103G.615
- History: 21 SR 1406; 33 SR 1721; 39 SR 822
Minn. R. 6280.0300 [Repealed, 21 SR 1406]
[Repealed, 21 SR 1406]
Minn. R. 6280.0350 Aquatic Plant Control
Subpart 1.
[Repealed, 33 SR 1721]
Subp. 1a. Submersed aquatic plant control restrictions for riparian property owners and lessees.
The commissioner may issue an APM permit to a person who is an owner, lessee, or easement holder of land adjacent to a public water or to the agent of the owner, lessee, or easement holder to control submersed aquatic plants on up to 100 feet or one-half of the length of the person's shoreline, whichever is less, with the following exceptions:
A. for properties with less than 70 shoreline feet, up to 35 feet of shoreline may be controlled;
B. control may be allowed on more than 100 feet of shoreline owned or leased by resorts, commercial campgrounds, apartments, condominium complexes, townhouse associations, government units, and marinas; and
C. control may be allowed on up to the entire shoreline owned or leased by a person if the proposed method is selective for invasive aquatic plants.
Subp. 2.
[Repealed, 33 SR 1721]
Subp. 2a. Aquatic plant control in offshore areas.
The commissioner may issue an APM permit for offshore control subject to the provisions in subparts 3, item B, and 4.
Subp. 3. Mechanical control restrictions.
Mechanical control of aquatic plants is subject to the following conditions:
A. a person who mechanically controls aquatic plants in a public water must immediately and permanently remove the vegetation from the water and dispose of it above the ordinary high water level;
B. permitted mechanical control may not exceed 50 percent of the total littoral area as determined by the commissioner, nor can the sum of permitted mechanical and pesticide control exceed 50 percent of the littoral area;
C. control methods may not excavate or substantially alter the course, current, or cross-section of public waters;
D. a person must conduct mechanical control in the same location each year unless the person obtains an APM permit authorizing a change in location;
E. a person may not place an automated aquatic plant control device in a public water unless the sticker provided with the APM permit is attached to the device, the person's dock, or another nearby location as described in the permit;
F. automated aquatic plant control devices may not be used if the bottom is predominantly soft sediment with an average depth of three inches or more; and
G. hydraulic jets and suction dredges may not be used.
Subp. 4. Pesticide control restrictions.
A. Pesticide control of aquatic plants in public waters may not exceed 15 percent of the littoral area, except that on waters that are 20 acres or less, pesticide control may be permitted on up to five acres or one-half the surface area of the pond, whichever is less. These limitations do not apply in the circumstances described in item B.
B. Larger percentages of the littoral area shall be treated at the discretion of the commissioner when authorized by permits issued prior to 1976. The waters affected by this provision are: Sunfish Lake in Dakota County; Cedar Island and Lost Lakes and Carson's and St. Louis Bays of Lake Minnetonka in Hennepin County; and Johanna, Owasso, Gervais, and McCarron Lakes in Ramsey County.
C. Item B expires five years after the effective date of this item. Before the expiration of item B, the commissioner shall develop a lake vegetation management plan as provided under part 6280.1000, subpart 2, for each of the waters listed in item B. The commissioner shall provide opportunities for the public to participate in the planning process, including a notice or news release in a local newspaper, at least one public meeting, and a 30-day comment period.
Subp. 5.
[Repealed, 33 SR 1721]
Subp. 6.
[Repealed, 33 SR 1721]
History
- Statutory Authority: MS s 103G.615
- History: 21 SR 1406; 33 SR 1721
Minn. R. 6280.0400 [Repealed, 21 SR 1406]
[Repealed, 21 SR 1406]
Minn. R. 6280.0450 Apm Permit Requirements
Subpart 1. Application process.
Application for an APM permit for a public water may be made by a riparian owner, a lessee, or an easement holder; by owners of a fee, leasehold, or interest to riparian lands to that body of water; or by a lake association or government agency. The commissioner shall deny a lessee's permit application if the owner of the leased shoreline is opposed to the proposed permit. Application for an APM permit must be made on forms provided by the commissioner and must be submitted to the address specified in the instructions. All information requested on the application form must be provided.
Subp. 1a. Landowner approval.
Before issuing an APM permit, the commissioner shall require dated signatures of approval from all landowners whose shorelines will be treated, except that for lakewide control of algae, the commissioner shall require dated signatures of approval from a majority of landowners on the lake. The signatures may be provided in an electronic format.
Subp. 1b. Landowner approval waiver.
The requirements for landowner approval in subpart 1a may be waived if the commissioner determines that aquatic plant control is necessary to protect aquatic habitat.
Subp. 2. Deadline for permit application.
Applications for permits to control submersed or floating-leaf aquatic plants with pesticides will not be accepted after August 1, unless the commissioner determines that sufficient justification exists for late season pesticide control.
Subp. 3. Duration of permits.
An APM permit is valid for one growing season and expires on December 31 of the year it is issued, unless the commissioner stipulates a different expiration date in the permit or except as provided in this subpart:
A. an APM permit that is valid until September 1 of the third year after it is issued may be authorized for an automated aquatic plant control device if the site to be controlled does not exceed 2,500 square feet in area;
B. a continuous APM permit may be issued to control emergent vegetation to create a channel extending to open water if the following criteria are met:
C. a permit to transplant aquatic plants may be issued for three years.
Subp. 3a. APM permits not transferable.
A person may not transfer an APM permit to another person.
Subp. 3b. Control notice.
The holder of an APM permit or the holder's agent must give notice of the proposed date of control to all persons specified on the permit. The notification must be received before any work begins under the permit. Failure to give notice is grounds for permit revocation under part 6280.0900, subpart 1a.
Subp. 4. APM permit application fees.
Items A to C apply to APM permit fees.
A. When application is made to control two or more nuisance conditions, only the larger fee applies. A permit application fee, in the form of a check or money order payable to the Minnesota Department of Natural Resources, must accompany each permit application when required by the following fee schedule:
B. If the fee does not accompany the application, the applicant will be notified and no action will be taken on the application until the fee is received.
C. The fee is refundable only when the application is withdrawn, prior to issuance of the permit, or the commissioner determines that the activity does not require a permit.
Subp. 5. Fees for state and federal agencies.
The fees set forth in this part will not be required of any state agency as defined in Minnesota Statutes, section 15.01, or of any federal agency.
Subp. 6. Annual report.
The commissioner shall require a person who conducts activities under an APM permit, commercial mechanical control permit, or commercial aquatic pest control license to report, no later than December 31 of each year, on the forms provided, information on permitted operations. Failure to report will be grounds for refusing to issue such permits in the future.
Subp. 7. Regulations of other programs apply.
APM permits issued as provided by this part may not be construed to supersede the requirements of shoreland conservation ordinances, flood plain management ordinances, lake management plans and programs, wild and scenic river plans and programs, or other pertinent ordinances and regulations.
History
- Statutory Authority: MS s 14.388; 103G.615; L 2004 c 255 s 50; L 2011 c 107 s 77
- History: 21 SR 1406; 29 SR 947; 33 SR 1721; 36 SR 764; 38 SR 787
Minn. R. 6280.0500 [Repealed, 21 SR 1406]
[Repealed, 21 SR 1406]
Minn. R. 6280.0550 Commercial Harvest of Aquatic Plants
Subpart 1. Permit required.
A person must have a commercial harvest permit to commercially harvest aquatic plants from public waters, except for wild rice, which is regulated under chapter 6284 and Minnesota Statutes, chapter 84.
Subp. 2. Commercial harvest permit application.
A person may apply for a commercial harvest permit on forms provided by the commissioner. An applicant for a permit to commercially harvest aquatic plants in waters with no public access must provide documentation of legal access to the waters requested on the permit, including contact information for the owner of the access. The commissioner shall require an applicant to complete an aquatic plant workshop before issuing a commercial harvest permit and may require follow-up workshops as needed to update permittees on new regulations or other relevant issues.
Subp. 3. Commercial harvest permit conditions.
The commissioner may specify conditions for commercial harvest permits to avoid or minimize harm to aquatic resources, including restrictions on the amount and species of plants harvested, location and timing of harvest, and method of harvest. A commercial harvest permit is valid for one year and may not be transferred to another person.
Subp. 4. Criteria for issuing commercial harvest permits.
The commissioner shall consider the relevant criteria in part 6280.0250, subpart 3a, when determining whether to approve or deny a commercial harvest permit. The commissioner shall deny a commercial harvest permit application in waters that are infested with prohibited or regulated invasive species under chapter 6216 and Minnesota Statutes, chapter 84D, unless it is feasible and practical to apply permit conditions that would prevent the spread of invasive species. The commissioner shall deny a commercial harvest permit application in waters where there is not enough information on the aquatic plant community to make an informed decision.
Subp. 5. Annual report.
The commissioner shall require the holder of a commercial harvest permit to report, no later than December 31 of each year, on the forms provided, information on permitted operations. Failure to report is grounds for refusing to issue such permits in the future.
History
- Statutory Authority: MS s 103G.615
- History: 33 SR 1721
Minn. R. 6280.0600 Approval of Pesticides and Methods Used for Aquatic Plant Management or Aquatic Nuisance Control
Subpart 1. Pesticides must be labeled for use in aquatic sites.
Pesticides used to control aquatic plants or algae in public waters must be registered by the United States Environmental Protection Agency (EPA) and the Minnesota Department of Agriculture (MDA), including pesticides registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), United States Code, title 7, sections 136c (experimental use permit), 136p (emergency exemption), and 136v (special local need), and must be approved for use in aquatic sites by the EPA and by the commissioner in consultation with the MDA.
Subp. 2. Instructions and precautions of pesticides must be followed.
Pesticides must be applied according to the label and labeling provided by the manufacturer and other water use restrictions imposed by the department or the MDA. Pesticide-treated areas must be posted with signs provided or approved by the commissioner bearing the permit number; the name of pesticide used; the date of treatment; and dates on which water from the treated area may be safely used for swimming, fishing, and other uses, as specified on the product label or by the department. The department, in consultation with the MDA, may require water use restrictions in addition to those on the product label. The permittee or agent is responsible for the placement and removal of required signs. The treatment area must be posted in such a way that people entering from any direction can see the signs, or as otherwise prescribed in the permit. The treatment area must be posted for at least 24 hours or the length of time of the longest water use restriction on the pesticide label, whichever is greater.
Subp. 3. Pesticide control of aquatic plants in watercourses.
Pesticides may be used to control aquatic plants in flowing waters, provided that the vegetation is present to such a degree that it impedes the flow of water and that the flow rate will not carry the pesticide beyond the treatment area during the period of water use restriction specified on the pesticide label. The pesticide to be used must be labeled for use in flowing water.
History
- Statutory Authority: MS s 103G.615
- History: 18 SR 83; 21 SR 1406; 33 SR 1721
Minn. R. 6280.0700 Commercial Pesticide and Mechanical Control
Subpart 1. Pesticide applicators.
A person or firm may not apply pesticides of any kind for hire for aquatic plant management or aquatic nuisance control on public waters unless a commercial aquatic pest control license has been obtained from the Minnesota Department of Agriculture.
Subp. 2. Commercial mechanical control.
A person or firm may not mechanically control aquatic plants on public waters for hire without first obtaining a commercial mechanical control permit issued by the commissioner. A person must complete an aquatic plant management workshop provided by the commissioner before conducting control activities under a commercial mechanical control permit. The commissioner may require follow-up workshops as needed to update permittees on new regulations or other relevant issues. This subpart does not apply to persons or firms using power-operated earth-moving equipment in public waters under terms of permits issued by the commissioner for work in the bed of public waters as provided by Minnesota Statutes, section 103G.245, or by a license permitting the passage of utilities over public lands and waters as provided by Minnesota Statutes, section 84.415. Persons or firms that use mechanical control equipment must thoroughly inspect, remove, and properly dispose of plant parts from the equipment before transporting it to another body of water.
History
- Statutory Authority: MS s 103G.615
- History: 18 SR 83; 21 SR 1406; 33 SR 1721
Minn. R. 6280.0800 [Repealed, 33 SR 1721]
[Repealed, 33 SR 1721]
Minn. R. 6280.0900 Authority to Amend and Revoke Permits
Subpart 1. Amendments and revocation.
The commissioner may amend or revoke an APM permit or suspend aquatic plant management or commercial harvest activities without prior notice whenever it has been determined that it is necessary to protect the interests of the public, to protect human life, or to protect fish, wildlife, and native plants.
Subp. 1a. Permit revocation for violation of rules.
A. A person who receives an APM-related conviction may be subject to an APM-related permit revocation. The commissioner shall consider the following criteria in determining whether to invoke an APM-related permit revocation:
B. A person who receives two separate APM-related convictions in a three-year period is subject to an APM-related permit revocation for one year from the date of the second conviction. A person who receives an APM-related conviction after being subject to an APM-related permit revocation is subject to an APM-related permit revocation for five years from the date of the conviction. The commissioner shall require a person who has had an APM-related permit revocation to participate in an aquatic plant management workshop before the person can receive an APM, commercial mechanical control, or commercial harvest permit. If the commissioner requires a person to participate in a workshop before receiving a permit, the commissioner shall make the workshop available so as not to delay the issuance of the permit. A person who is subject to an APM-related permit revocation may request review pursuant to part 6280.1100, subpart 1, during which time the revocation will be suspended until all administrative appeals are exhausted. The commissioner may overturn an APM-related permit revocation after review pursuant to part 6280.1100, subpart 1.
C. An APM-related conviction is considered to be separate from a prior APM-related conviction if it arises from a course of conduct that is separate from the conduct that resulted in the prior conviction.
Subp. 2. Amendments by request.
The commissioner may amend a commercial mechanical control, APM, or commercial harvest permit upon request from the permittee if the amendment maintains adequate protection for interests of the public, human life, and fish, wildlife, and native plants.
History
- Statutory Authority: MS s 103G.615
- History: 18 SR 83; 21 SR 1406; 33 SR 1721
Minn. R. 6280.1000 Variance and Lake Vegetation Management Plan
Subpart 1. Variance.
A. The commissioner may issue APM permits with a variance from one or more of the provisions of parts 6280.0250, subpart 4, and 6280.0350, except that no variance may be issued for part 6280.0250, subpart 4, items B and C. Variances may be issued to control invasive aquatic plants, protect or improve aquatic resources, provide riparian access, or enhance recreational use on public waters. The commissioner shall make a determination that there are exceptional circumstances or special or unique conditions based on the criteria in items B and C before granting a variance to control native aquatic plants to provide riparian access or enhance recreational use.
B. The following criteria shall be considered to determine if a variance is justified to control invasive aquatic plants or protect or improve aquatic resources in public waters:
C. The following criteria shall be considered to determine if a variance is justified to provide riparian access or enhance recreational opportunities on public waters:
D. The commissioner may require monitoring of aquatic plants, water quality, or other parameters as a condition of an APM permit that includes a variance.
E. The commissioner may require practical and feasible measures to mitigate the adverse effects on aquatic habitat as a condition of an APM permit that includes a variance. Mitigation measures may include reduction in the number or size of docks and other water-oriented structures, removal of shoreline riprap and retaining walls, restoration of natural riparian vegetation, and restoration of emergent and floating-leaf aquatic plants.
Subp. 2. Lake vegetation management plan (LVMP).
A. A lake vegetation management plan (LVMP) approved by the commissioner may authorize a variance from the provisions of this chapter, if permitted under subpart 1, item A, to control invasive species, protect or improve aquatic resources, provide riparian access, and enhance recreational use on public waters. The commissioner shall require an APM permit applicant to develop an LVMP before granting a variance if the proposed control proposes methods or actions that need to be evaluated to determine if the goals of the variance are met. If a public water has an LVMP approved by the commissioner, all APM permits within that public water shall be issued in accordance with the plan and APM permit applications that are inconsistent with the plan may be denied.
B. The commissioner shall provide the format for an LVMP. An LVMP must contain the following information before being approved by the commissioner:
C. The commissioner shall require a monitoring plan for an LVMP if the plan proposes methods or actions that need to be evaluated to determine whether the plan's goals will be met.
History
- Statutory Authority: MS s 103G.615
- History: 18 SR 83; 21 SR 1406; 33 SR 1721
Minn. R. 6280.1100 Review and Appeal of Permit Decision
Subpart 1. Commissioner's review.
If an APM, commercial mechanical control, or commercial harvest permit is granted with conditions, modified, denied, suspended, or revoked, the applicant may file with the commissioner a written request for review. The commissioner shall review the relevant information and render a decision within 15 working days of the request for review. The commissioner shall notify the applicant of the right to appeal the decision under subpart 2.
Subp. 2. Contested case hearing.
An applicant requesting an appeal of the decision of the commissioner after review under subpart 1 shall file with the commissioner a written request for a contested case hearing under Minnesota Statutes, chapter 14.
History
- Statutory Authority: MS s 103G.615
- History: 18 SR 83; 21 SR 1406; 33 SR 1721
Minn. R. 6280.1200 Penalty
Violation of this chapter or the terms of an APM, commercial mechanical control, or commercial harvest permit is a misdemeanor.
History
- Statutory Authority: MS s 103G.615
- History: 21 SR 1406; 33 SR 1721
Minn. R. 6280.1300 Standards for Black Fly Control Permits
The commissioner may issue a permit to control black fly larvae in streams subject to the following conditions:
A. the permit applicant must collect adult black fly specimens from the area adjacent to the stream requested for treatment and larval black fly specimens from the stream to be treated and provide species identification to the commissioner. Permit conditions may require an applicant to provide specimens to a qualified person to verify the species identification;
B. only Bacillus thuringiensis var. israelensis (Bti) may be approved for control of black fly larvae. Permit conditions may include specifications to minimize impacts to nontarget species, including, but not limited to, the location and timing of treatments;
C. a permit applicant must monitor the treated area before and after the treatment. Permit conditions may include specifications on the type and number of samplers to be used, the timing of placement and removal of samplers, and the data that needs to be recorded;
D. control of black fly larvae is prohibited in designated trout streams listed in part 6264.0050, subpart 4, and may be prohibited in other waters to prevent detrimental impacts to nontarget organisms;
E. the permittee must submit a report on forms provided by the commissioner no later than January 31 of the year following the treatment; and
F. if a permittee fails to comply with permit conditions, the commissioner may deny future permit applications from that permittee or the entity represented by that permittee.
History
- Statutory Authority: MS s 103G.615
- History: 32 SR 724
Chapter 6282 GINSENG
Minn. R. 6282.0100 Open Dates for Taking Wild Ginseng
Wild ginseng (Panax quinquefolium) may be harvested, in accordance with this chapter, statewide from September 1 to December 31.
History
- Statutory Authority: MS s 84.093
- History: 18 SR 83
Minn. R. 6282.0200 Harvest Limits for Wild Ginseng
Wild ginseng may be harvested during only the open season. There is no limit on wild ginseng during the open season.
History
- Statutory Authority: MS s 84.093
- History: 18 SR 83
Minn. R. 6282.0300 Harvesting Wild Ginseng in Wildlife Management Areas and State Parks
Subpart 1. Harvesting in wildlife management areas.
A person may not harvest wild ginseng within any state-owned wildlife management area without first obtaining a permit from a state wildlife manager.
Subp. 2. Harvesting in state parks.
A person may not harvest wild ginseng within a state park or other area under the administration of the Department of Natural Resources, Division of Parks and Recreation.
History
- Statutory Authority: MS s 84.093
- History: 18 SR 83
Minn. R. 6282.0400 Regulations on Wild Ginseng Dealers
Subpart 1. Dealer's license required.
A person must possess a wild ginseng dealer's license to purchase wild ginseng from a harvester (digger); sell wild ginseng to an unlicensed dealer or to a processor, broker, wholesaler, or retailer; or carry, ship, or export wild ginseng out of the state.
Subp. 2. Restrictions on issuing dealer's license.
A wild ginseng dealer's license may be issued annually and only to residents of Minnesota.
Subp. 3. Dealers must keep records.
Licensed wild ginseng dealers must keep complete, accurate, and up-to-date business records on forms provided by the commissioner. Each purchase or sale of any ginseng grown in Minnesota, whether wild or artificially propagated, must be recorded in the record book within 48 hours. Record books must be open to inspection by the commissioner during all reasonable hours. Records must contain the following information for each transaction:
A. names of all persons from whom wild ginseng was purchased or to whom ginseng was sold;
B. date of each transaction;
C. quantity by weight of all ginseng purchased and all ginseng sold; and
D. whether the ginseng purchased or sold is artificially propagated or wild, and the quantity by weight of each.
Subp. 4. Reporting by dealers.
On or before March 15 of each year, licensed wild ginseng dealers must submit, on a form provided by the commissioner, a report of their transactions in ginseng during the preceding license year. This report must consist of a summary of the records kept as provided by this part and must be in the format specified on the form.
Subp. 5. Personal use of wild ginseng.
This part does not apply to persons possessing, for personal use only, not more than ten ounces of dried wild ginseng, except that such wild ginseng may not be sold.
History
- Statutory Authority: MS s 84.093
- History: 18 SR 83
Minn. R. 6282.0500 General Provisions for Harvesting Wild Ginseng
Subpart 1. Restriction on green roots.
A person may not sell, purchase, or possess any green roots of wild ginseng, except during the open season.
Subp. 2. Restriction on exportation.
A dealer licensed under part 6282.0400 may not carry, ship, or export out of the state any ginseng grown in Minnesota, whether wild or artificially propagated, without first presenting the ginseng to a conservation officer who must inspect it and attach to each container or package a label provided and signed by the officer verifying the contents, and containing the following information:
A. dealer's name and license number;
B. date of inspection;
C. quantity by weight of ginseng contained in the package; and
D. whether the ginseng contained is wild or artificially propagated, and the quantity by weight of each.
Subp. 3. Harvest restrictions on wild ginseng.
A person may not harvest, dig, or disturb any wild ginseng plant unless the plant has at least three prongs (leaves) with five leaflets each.
Subp. 4. Removing and planting seeds.
Immediately after digging or removing any wild ginseng plant, the digger must remove all of the seeds from the plant's berries and plant them in the area where the plant was dug. Seeds must be planted by removing surface litter, planting each seed at a depth of one-half inch in the underlying soil, and replacing the surface litter over the planting site.
History
- Statutory Authority: MS s 84.093
- History: 18 SR 83
Chapter 6284 WILD RICE
Minn. R. 6284.0100 MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 6284.0200 MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1997 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 6284.0300 Methods of Harvesting Wild Rice
In addition to the restrictions in Minnesota Statutes, section 84.111, a boat, skiff, or canoe may not have any extension or appliance built onto it or attached to it which will increase its normal or ordinary height or its capacity to carry wild rice. Flails used to harvest wild rice must be round and smooth.
History
- Statutory Authority: MS s 84.14
- History: 18 SR 83
Minn. R. 6284.0400 Permit Required on Federally Designated Areas
A person must obtain the required federal permits before harvesting wild rice in Voyageur's National Park, on the Tamarac National Wildlife Refuge, or on the Sherburne National Wildlife Refuge.
History
- Statutory Authority: MS s 84.14
- History: 18 SR 83
Minn. R. 6284.0500 Harvesting Wild Rice in Wildlife Management Areas
All wildlife management areas are open to the harvest of wild rice, except as specifically closed by posting or rule.
History
- Statutory Authority: MS s 84.14; 84.152
- History: 18 SR 83; 19 SR 2222; 24 SR 644
Minn. R. 6284.0600 Harvesting Wild Rice in White Earth, Leech Lake, Bois Forte, Grand Portage, Fond Du Lac, and Mille Lacs Indian Reservations
Subpart 1. Allowable methods for harvesting.
The methods for harvesting wild rice on public waters within the original boundaries of the White Earth, Leech Lake, Bois Forte, Grand Portage, Fond du Lac, and Mille Lacs Indian reservations are subject to the provisions of this chapter, to the extent these provisions are not inconsistent with this part.
Subp. 2. Persons eligible to harvest.
Only the commissioner, tribal members, and persons who are residents of the reservation on which they are harvesting, may harvest or gather wild rice within the boundaries of the reservation.
Subp. 3. Wild rice management.
The harvest of all native wild rice within a reservation is managed by the wild rice committee of that reservation's business committee. Every member of a wild rice committee is appointed a deputy director of the wild rice harvest.
Subp. 4. Open dates for harvesting in reservations.
The opening date, days, and hours of harvest must be established by the wild rice committees not less than 24 hours prior to the designated opening and must be publicly announced by issuance of a news release.
Subp. 5. Alterations to open dates in reservations.
Once opened, the wild rice committees may alter the days and the hours of harvest on any of the waters by posting notice of the change at the major entrances to the waters affected not less than 12 hours prior to the time the alterations are to take effect.
Subp. 6. Harvesting license required in reservations.
Persons, other than tribal members, harvesting wild rice within a reservation must possess a license to harvest wild rice.
Subp. 7. Dealer license required in reservations.
Every non-Indian wild rice buyer purchasing wild rice on a reservation must possess a wild rice dealer's license.
History
- Statutory Authority: MS s 84.14
- History: 18 SR 83
Minn. R. 6284.0700 Harvesting Wild Rice in Leech Lake Reservation
Subpart 1. Allowable methods for harvesting.
In addition to the following subparts, the methods for harvesting on public waters within the original boundaries of the Leech Lake Indian Reservation are subject to the provisions of this chapter to the extent that these provisions are not inconsistent with this part.
Subp. 2. Permit requirements in the reservation.
Persons eligible to harvest wild rice in the reservation must adequately identify themselves to the reservation business committee or its agents and obtain a reservation permit to harvest wild rice. The reservation business committee may charge a fee for reservation permits. The fee for reservation permits sold to nontribal members must be the same as that charged to tribal members. The reservation permit must be carried upon the person while engaged in harvesting and displayed to authorized state or reservation conservation officers upon request.
Subp. 3. Harvesting license required in reservation.
Persons, other than tribal members, harvesting wild rice on the reservation must possess a license to harvest wild rice in addition to the reservation permit.
Subp. 4. Dealer license required in reservation.
Non-Indian wild rice buyers buying wild rice within the reservation must possess a buyer's permit from the reservation business committee in addition to a state wild rice dealer's license.
History
- Statutory Authority: MS s 84.14
- History: 18 SR 83
Chapter 6287 QUARANTINE FACILITIES FOR FISH EGGS
Minn. R. 6287.0100 Definitions
Subpart 1. Scope.
For purposes of this chapter, the terms in parts 6287.0100 to 6287.0900 have the meanings given them in Minnesota Statutes, section 17.4982, unless otherwise provided in this part.
Subp. 2. Applicant.
"Applicant" means an individual, association, partnership, cooperative, public or private corporation or educational institution, or public agency that applies to the department to import fertilized fish eggs into a quarantine facility.
Subp. 3. Effluent.
"Effluent" means any water discharged from a quarantine facility including fish rearing water, backflush or coolant water, floor drainage, and any potable drainage that does not flow into a sanitary sewer or approved septic system.
Subp. 4. Heat stress test.
"Heat stress test" means a test for disease in fish as described in this subpart that is conducted for 14 to 21 days at a water temperature between 64 and 68 degrees Fahrenheit. For catfish, the test is conducted for 14 to 21 days at a water temperature above 80 degrees Fahrenheit. All fish are fed or injected with an immunosuppressant at the beginning of the test. At the conclusion of the test, all fish are sampled as provided by Minnesota Statutes, section 17.4982, subdivision 12. The number of fish sampled must be adequate to statistically determine a two percent level of disease prevalence at a 95 percent confidence level.
Subp. 5. Quarantine unit.
"Quarantine unit" means an enclosed rearing area within a quarantine facility that allows for complete isolation from other quarantine units of fish hatching and rearing tanks, fish culture supplies and equipment, feed, clothing, water supply lines, and drainage lines.
Subp. 6. Sentinel fish.
"Sentinel fish" means a lot of at least 150 fish obtained from a facility with no history of disease that are known to be sensitive to a particular disease agent.
History
- Statutory Authority: MS s 17.496
- History: 19 SR 2486
Minn. R. 6287.0200 Authority, Scope, Purpose
Subpart 1. Authority.
This chapter is adopted under authority granted in Minnesota Statutes, section 17.496.
Subp. 2. Scope.
This chapter applies to all facilities constructed for the quarantine of fertilized fish eggs.
Subp. 3. Purpose.
The purpose of parts 6287.0100 to 6287.0900 is to prescribe design criteria, operational procedures, and release protocols to minimize risk of introducing emergency fish diseases to the naturalized fishery resources of Minnesota while providing an opportunity for the importation of fertilized fish eggs from emergency disease-restricted areas and areas with unknown fish health history.
History
- Statutory Authority: MS s 17.496
- History: 19 SR 2486
Minn. R. 6287.0300 Importation Requirements
Only fertilized fish eggs may be imported into a quarantine facility.
History
- Statutory Authority: MS s 17.496
- History: 19 SR 2486
Minn. R. 6287.0400 Construction Requirements of Quarantine Facility
Subpart 1. Siting.
A quarantine facility must be outside of the 100-year floodplain and be physically separated from other fish raising facilities in the same watershed by not less than five miles, except that the commissioner may permit a quarantine facility to be within five miles of other fish raising facilities if there is minimal risk of transferring disease to the other facilities. Criteria used by the commissioner to determine the risk will include: flow rate of the water which would receive the quarantine facility effluent; construction, water source, and siting of potentially affected fish culture facilities; and disease susceptibility of the species being raised by potentially affected fish culture facilities. Siting is prohibited if effluent from the facility will be discharged into designated trout waters or other waters containing or managed for salmonids.
Subp. 2. Water supply.
The water supply must be from a spring or well groundwater source, free of fish and fish pathogens, and covered. Water supply systems must be constructed to prevent transmission of pathogens among quarantine units.
Subp. 3. Egg receiving area.
Each facility must have an egg receiving area isolated from quarantine units with respect to equipment, supplies, and clothing.
Subp. 4. Quarantine facility size.
Each facility must be designed to consist of no more than six quarantine units and an egg receiving area.
Subp. 5. Quarantine units.
Quarantine units must be isolated with respect to fish tanks, equipment, supplies, feed, water supply lines, drainage lines, and laboratory clothing. The capacity of each unit must not exceed 100,000 eggs.
Subp. 6. On-site laboratory space.
There must be a minimum of 16 square feet in at least eight linear feet of counter space within each quarantine unit for pathological examination of fish. Each work area must include a sink, running water, adequate lighting, and electrical outlets.
Subp. 7. Disinfection stations.
Each quarantine unit and egg receiving area must have separate disinfection stations. This station must include disinfectant supplies, hand washes, foot baths (preferably sunken), an emergency shower, and a locker room where clothes can be changed, stored, and disinfected.
Subp. 8. Effluent treatment.
Effluent water from all quarantine units and egg receiving areas must enter a common collector. The collector must incorporate a primary disinfectant-sterilization system and an automatic backup system to disinfect all pathogens. All pipes into and out of the collector must be designed to prevent backflow.
Subp. 9. Backup systems.
Every quarantine facility must have installed backups for all systems vital to maintaining the aquatic environment within the facility. A backup generator sized to handle all necessary electrical equipment must be installed to automatically activate during power failures. Each quarantine unit must be monitored with a flow alarm.
Subp. 10. Contingency plan.
A contingency plan for disease control and accidental escapement must be submitted to and approved by the commissioner prior to the operation of a quarantine facility. The plan must contain maps of the watershed in which the facility is located, locations where sentinel fish will be confined, identification of sufficient personnel to execute the plan, source of chlorine supply for disinfectant procedures, length and flow rates of feeder streams and main branches, and identification of financial resources to mitigate damage that may occur from the accidental release of fish or fish pathogens.
Subp. 11. Security.
Minimum security measures must include locking devices on all building entrances and facility gates, and fencing around unenclosed components of the facility.
History
- Statutory Authority: MS s 17.496
- History: 19 SR 2486
Minn. R. 6287.0500 Quarantine Facility Licensing
Subpart 1. Quarantine facility licensing and inspection.
No facility may be licensed as a quarantine facility unless the commissioner determines that standards specified in parts 6287.0400 to 6287.0600 are met. The commissioner may conduct an on-site inspection of a quarantine facility at reasonable times.
Subp. 2. Personnel qualifications.
A quarantine facility must have at least one full-time person with two years of fish culture experience and fish health training from an accredited academic or United States Fish and Wildlife Service program.
History
- Statutory Authority: MS s 17.496
- History: 19 SR 2486
Minn. R. 6287.0600 Operation of Quarantine Facility
Subpart 1. Egg receiving.
All egg deliveries must have a certified health inspection statement for parental stock from which the eggs were taken. Fish eggs may only be received in the receiving area. A complete disinfection, as described in subpart 5, of the egg receiving area is required before and after each egg delivery. All eggs must be disinfected before transfer into quarantine units. Transfer of disinfected eggs from the egg receiving area shall be done by a person who was not in contact with the incoming eggs before they were disinfected. All packing materials, excess fluids, and other materials related to the shipping of eggs must be incinerated or chlorinated to avoid potential spread of pathogen.
Subp. 2. Transfer into quarantine.
Eggs from the same lot may be transferred into more than one quarantine unit provided the units remain isolated.
Subp. 3. Quarantine period.
All fish hatched from quarantined eggs must remain quarantined for a minimum of 12 months, unless they are sold directly to an outlet for processing and human consumption, or unless the fish develop a certifiable disease and must be removed as provided by subpart 6.
Subp. 4. Facility disinfection.
The following procedure will be considered a complete disinfection when using chlorine.
A. All objects to be disinfected must be cleansed of all organic matter before application of chlorine.
B. A chlorine solution must be maintained on all surfaces at not less than 200 parts per million for the first hour and at not less than 100 parts per million for an additional four hours.
C. All raceways, troughs, drain pipes and lines, and loose equipment, such as buckets, nets, and screens, must be disinfected as specified in item B.
D. All interior surfaces of the quarantine unit must be sprayed with a solution of 1,600 parts per million chlorine. Sufficient quantity and pressure must be applied so that crevices will be penetrated to destroy infectious organisms.
E. All disinfected objects must be thoroughly rinsed with clean water and neutralized with a solution of three parts sodium thiosulfate to one part chlorine upon completion of the disinfection.
F. Other disinfection methods and procedures must be approved by the commissioner.
Subp. 5. Effluent disinfection.
Effluent treatment methods must be approved by the commissioner and must comply with chapter 7050. If chlorine disinfectant is used, a measurable residual level of 1.0 part per million active chlorine must be maintained for one hour of retention time. The design must include a backup system that ensures noninterrupted treatment of effluent. Concentration of the disinfectant must be monitored by a recording-sensing device that is functional at all times.
Subp. 6. Inspection and disposal of diseased fish.
Daily mortalities may be inspected by the commissioner. Mortalities not required for inspection must remain in the quarantine unit and be placed in disinfectant until they are properly disposed.
If a certifiable disease is detected, a confirmational test must be done. Upon confirmation of a certifiable disease, the commissioner may order that fish be destroyed, sold for human consumption, or otherwise disposed.
Each quarantine facility must dispose of fish mortalities by use of a gas- or oil-fired incinerator or by other disposal methods approved by the commissioner. Equipment and solid waste materials that are potentially contaminated with fish pathogens must be treated by chlorination or an alternate method approved by the commissioner.
Subp. 7. Disinfection required.
A complete disinfection of the quarantine unit, as described in subpart 5, is required after fish are released from quarantine or after the discovery of a certifiable disease.
If a certifiable disease is detected, sentinel fish must be kept in the affected quarantine unit after disinfection to verify the effectiveness of disinfections, and held for at least 120 days following disinfection. All mortalities of sentinel fish must be monitored and inspected for disease. Surviving sentinel fish must be subjected to a heat stress test.
Subp. 8. Personnel movement.
Access to quarantine facilities must be limited to designated personnel only. Personnel entering or exiting an egg receiving area or quarantine unit must use a disinfection station. Personnel must disinfect themselves using foot baths and hand washes, and wear protective clothing prior to entering or exiting a quarantine unit or an egg receiving area. Used outer clothing must be disposed of or laundered with disinfectants.
History
- Statutory Authority: MS s 17.496
- History: 19 SR 2486
Minn. R. 6287.0700 Record Keeping and Reporting
A daily log must be kept on mortality, transfers, feeding, approved chemical use, treatments, assessments, water quality, inspections, disinfectant levels in effluent, and personnel movement. Any signs of disease must be reported to the commissioner within 24 hours. Chemical use to treat disease requires prior confirmation of a diagnosed fish health problem by the commissioner. Mortality reports for each quarantine unit must be submitted to the commissioner weekly. Approved chemical usage and effluent disinfectant operation must be reported and submitted to the commissioner monthly.
History
- Statutory Authority: MS s 17.496
- History: 19 SR 2486
Minn. R. 6287.0800 Inspection Requirements
Fish in quarantine must be monitored and inspected for certifiable disease agents at monthly intervals by a fish health inspector. If requested, the commissioner will conduct fish health inspections for a fee as provided in Minnesota Statutes, section 17.4988, subdivision 3.
History
- Statutory Authority: MS s 17.496
- History: 19 SR 2486
Minn. R. 6287.0900 Release from Quarantine
Subpart 1. Final testing.
A final inspection must be conducted after fish have been in quarantine and have been feeding for 12 to 16 months. This inspection must include the use of a heat stress test on all sampled fish. Results of the inspection must be reviewed and approved by the commissioner.
Subp. 2. Quarantine report.
A completed quarantine report on forms provided by the commissioner must accompany each lot of fish to be released from quarantine.
Subp. 3. Release of fish.
Fish released from a quarantine facility cannot be released into the wild and must be processed for use as food or kept in a facility licensed by the commissioner under part 6250.0300, subpart 1, or Minnesota Statutes, section 17.4984, subdivision 1, or 97A.401, subdivision 3.
History
- Statutory Authority: MS s 17.496
- History: 19 SR 2486
Chapter 6290 FISH AND WILDLIFE STAMP DESIGN CONTESTS
Minn. R. 6290.0100 Purpose
As required by Minnesota Statutes, section 97A.045, subdivision 7, this chapter establishes contest procedures by which the Department of Natural Resources selects and utilizes designs for fish and wildlife stamp images. Contest entries that do not conform to this chapter shall be ineligible for a stamp contest.
History
- Statutory Authority: MS s 97A.045
- History: 19 SR 974
Minn. R. 6290.0200 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 2. Commissioner.
"Commissioner" means the commissioner of natural resources or the commissioner's designated representative.
Subp. 3. Department.
"Department" means the Minnesota Department of Natural Resources.
Subp. 4. Migratory waterfowl stamp.
"Migratory waterfowl stamp" means the stamp issued by the department under Minnesota Statutes, section 97B.801, that allows individuals to take migratory waterfowl.
Subp. 5. Pheasant stamp.
"Pheasant stamp" means the stamp issued by the department under Minnesota Statutes, section 97B.715, that allows individuals to take pheasants.
Subp. 6. Trout and salmon stamp.
"Trout and salmon stamp" means the stamp issued by the department under Minnesota Statutes, section 97C.305, that allows individuals to angle for trout and salmon in specified waters.
Subp. 7. Walleye stamp.
"Walleye stamp" means the stamp issued by the department under Minnesota Statutes, section 97A.075, to individuals that voluntarily choose to contribute to walleye stocking and related activities.
Subp. 8. Wild turkey stamp.
"Wild turkey stamp" means the pictorial stamp issued by the department under Minnesota Statutes, section 97A.075, to individuals who have elected to purchase it for an additional fee.
History
- Statutory Authority: MS s 97A.045
- History: 19 SR 974; 36 SR 1155
Minn. R. 6290.0300 Application Procedure
Subpart 1. Eligibility requirements.
Each stamp contest is open only to residents of Minnesota who have maintained a legal residence in the state for a minimum of 60 days immediately preceding the entry deadline for the contest.
A person who wins a contest is ineligible to enter a contest for the same type of stamp for the year of competition following the contestant's first win. A person who wins a contest for one type of stamp is eligible for the other fish and wildlife stamp contests described in part 6290.0200.
Subp. 2. Contest entry period.
The entry period for each contest will be prescribed in a notice published in the State Register at least 30 days prior to the beginning of the contest entry period. Entry forms provided by the department must be used and can be obtained by contacting the department as prescribed in the contest entry notice. A contest application package will be provided by the department to interested parties upon request.
Subp. 3. Receipt of entries.
Entries for each stamp contest will be accepted only during the contest entry period. Entries must be received by the department by 4:00 p.m. on the last day of the contest entry period. Late or early entries will not be accepted.
Subp. 4. Restriction on number of entries.
A person may submit only one entry per year for each type of stamp contest. If two or more entries are submitted for a stamp contest in one year, all of that person's entries for that contest will be declared ineligible.
Subp. 5. Submittal of entries.
An entry for a migratory waterfowl, pheasant, or trout and salmon stamp contest must be mailed or delivered to the department at the address specified in the contest application package. A contest entry should be securely wrapped and enclosed in a container or envelope with the name of the stamp contest clearly marked on the outside. All completed and signed contest entry forms must accompany the contest entry. These contest entry forms shall include:
A. the entry form;
B. reproduction rights agreement form; and
C. any other forms specified in the contest application package. Submission of all of the contest entry forms are required for eligibility. Failure to include all completed contest entry forms will render the contest entry ineligible.
Subp. 6. Department liability.
The department assumes no liability for damage, loss, or theft of a contest entry.
Subp. 7. Reproduction rights.
A person winning a stamp contest will receive no financial remuneration from the state. The reproduction rights agreement required with the submission of a contest entry will require the contest winner to agree to grant the department the exclusive rights to use the contest entry as the design for the applicable stamp and for use of the stamp image on commercial products produced or licensed by the department. All rights to the reproduction in a print form are retained by the person submitting a contest entry, including the contest winner. The remainder of the reproduction rights for the design will be determined by the department on an annual basis and will be specified in the reproduction rights agreement form included in the contest application package. If a design is reproduced in a limited or open edition by any party other than the department or its licensees, the contest winner shall deliver two signed prints without cost to the department.
History
- Statutory Authority: MS s 97A.045
- History: 19 SR 974; 36 SR 1155
Minn. R. 6290.0400 Design Standards
Subpart 1. Eligible species.
The eligible species for migratory waterfowl and trout and salmon contests shall be specified in the contest application package. The eligible species for the pheasant stamp is the ring-necked pheasant (Phasianus colchicus). The eligible species for the wild turkey stamp is the Eastern wild turkey (Meleagris gallopavo silvestris). The eligible species for the walleye stamp is the walleye (Sander vitreus vitreus). The eligible species should be the primary subject of the contest entry. A contest entry may contain species other than the eligible species as accompanying design elements.
Subp. 2. Background of contest entry.
The background or setting of a contest entry shall only represent environments found in Minnesota. Design elements in a contest entry should be accurately portrayed as to ecology and anatomy, although they need not be literal renditions.
Subp. 3. Contest entry media and originality.
A contest entry may be created in one or a combination of media, including nonphotographic digital media. A person submitting a contest entry must list all media used in the creation of the entry. A contest entry shall be an original work of art created by the person submitting the contest entry and shall be one of a kind design. Entries shall not be created by photographic processes.
Subp. 4. Contest entry design size.
The design size of a contest entry shall be two-dimensional on a horizontal format nine inches in width and 6-1/2 inches in height. Winning contest entries must produce a quality stamp image.
Subp. 5. Matting requirements.
A contest entry shall be firmly attached to solid white matting with dimensions of 12 inches in width and nine inches in height. No other color shall be used for matting.
Subp. 6. Contest entry thickness.
A contest entry shall not exceed three-eighths inch in thickness, including matting.
Subp. 7. Covering of contest entry.
A contest entry shall not be framed or covered by glass or other material.
Subp. 8. Ineligible contest entry.
A contest entry shall be ineligible if:
A. it is signed, lettered, or contains any mark identifying the artist on its front;
B. it has won first place in another stamp contest, whether federal, state, or private; or
C. it does not meet the requirements contained in parts 6290.0100 to 6290.0800.
History
- Statutory Authority: MS s 14.388; 97A.045
- History: 19 SR 974; 36 SR 1155; 45 SR 280
Minn. R. 6290.0500 Contest Judging
Subpart 1. Date and location of judging.
Notice of the date and location of judging for each contest will be contained in the contest application package.
Subp. 2. Selection of judging panel.
Contest judging panels will be chosen by the commissioner of natural resources and will consist of at least five members reflecting areas of expertise including, but not limited to: art, hunting or fishing, outdoor media, conservation, or publishing. Judges will serve for a length of time to be established by the department.
Subp. 3. Assignment of identifying number.
Each contest entry will be assigned an identifying number prior to the judging to keep the identity of the artist of the contest entry unknown to the judges. The identity of the artist of the contest entries will not be revealed to the judges prior to the selection of the winning entry.
Subp. 4. Judging procedure.
Three rounds of judging will be used to select a winner in each contest.
A. During the first round of judging, the judging panel will view all eligible contest entries. Each judge shall select all those contest entries that the judge wishes to see advance to the second round.
B. During the second round, the contest entries selected by any judge from the first round will be separated from those contest entries not selected in the first round. Each judge shall select all those contest entries that the judge wishes to see advanced to the third round. Any contest entry receiving at least three votes shall advance to the third round. If no entry receives three votes, all entries receiving two votes will advance to the third round.
C. During the third round, the judges shall give each contest entry a numerical score. The contest entry receiving the highest combined numerical score shall be selected the winner. In the case of a tie for the winning entry or a tie for second place, the judges will repeat the process described for the third round, but only as to the tied entries. If for any reason, the contest entry with the highest combined numerical score is disqualified, the entry with the next highest combined numerical score shall be selected the winner.
History
- Statutory Authority: MS s 97A.045
- History: 19 SR 974; 36 SR 1155
Minn. R. 6290.0600 Return of Contest Entries
Contest entries will be returned to the address specified by the artist and artists are responsible for notifying the department of an address change. If a contest entry is returned to the department because it is undeliverable or unclaimed, the department will not be obligated to trace the location of the artist to return the contest entry. All unclaimed entries, after one year, shall be assumed to be abandoned and shall become the property of the department.
The winning entry shall be retained by the department for such period of time as necessary to complete the stamp and stamp image.
History
- Statutory Authority: MS s 97A.045
- History: 19 SR 974
Minn. R. 6290.0700 Display and Promotion of Contest Entries
All contest entries shall be subject to display for promotion of the stamp and the stamp image by the department or parties authorized by the department.
History
- Statutory Authority: MS s 97A.045
- History: 19 SR 974
Minn. R. 6290.0800 Reservation of Rights
The department reserves the right to not conduct a stamp contest. If the department conducts a stamp contest, the department reserves the right not to select or use a winning entry even if all requirements of this chapter are met.
History
- Statutory Authority: MS s 97A.045
- History: 19 SR 974
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.