A bill for an act
relating to natural resources; protecting land, water quality, aquatic life, and wildlife
from effects of using certain motorized recreational trails; requiring environmental
assessment worksheet to construct or expand off-highway vehicle trails; requiring
rulemaking; amending Minnesota Statutes 2022, section 84.777; repealing
Minnesota Statutes 2022, section 84.926, subdivision 1; Laws 2003, chapter 128,
article 1, section 167, subdivision 1, as amended; Minnesota Rules, part 6100.0500,
subpart 8d.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) The legislature finds that the state of Minnesota has an abundance of natural resources
and that there is growing interest in the use of off-highway vehicles by its residents. The
legislature further finds that as the use of off-highway vehicles increasingly encroaches on
the state's natural resources, including aquatic and wildlife habitats, it is necessary to ensure
that the regulation of off-highway vehicles is undertaken in a manner that:
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(1) protects these vital natural resources and habitats;
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(2) ensures that off-highway vehicle users can easily discern where off-highway vehicles
may permissibly be used; and
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(3) aids conservation officers in carrying out their law enforcement duties.
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(b) The legislature further finds that, in accordance with the 2003 report of the Legislative
Auditor entitled State-Funded Trails for Motorized Recreation, creating and expanding
most off-highway vehicle trails and designated routes warrants completion of an
environmental assessment worksheet because of the significant potential environmental
impacts of those trails and the need to make environmental assessment transparent to the
public.
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Minnesota Statutes 2022, section 84.777, is amended to read:
(a) deleted text begin Except as otherwise allowed by law or rules adopted
by the commissioner, effective June 1, 2003,deleted text end Notwithstanding sections 84.787 to 84.804
and 84.92 to 84.928, the use of off-highway vehicles is prohibited on state land administered
by the commissioner of natural resourcesdeleted text begin ,deleted text end and on county-administered forest land within
the boundaries of a state forest, except on roads and trails specifically designated and posted
by the commissioner for use by off-highway vehicles.new text begin The commissioner may limit the use
of off-highway vehicles under this subdivision to specific purposes or seasons but must
include these limitations in the designation and posting under this subdivision.
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(b) Paragraph (a) does not apply to county-administered land within a state forest if the
county board adopts a resolution that modifies restrictions on the use of off-highway vehicles
on county-administered land within the forest.
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(c) An off-highway vehicle trail or designated off-highway vehicle route that is on a
state forest road or trail, national forest road or trail, township road or trail, county road or
trail, or other state road or trail does not include:
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(1) Tribal lands or Ceded Territory unless the appropriate Tribal government approves
inclusion in the trail or route;
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(2) land that is not approved for inclusion in the trail or route by the county, township,
and road authority where the land is located;
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(3) an unpaved road or trail that crosses over waters designated as outstanding resource
value waters or as exceptional habitat waters under Minnesota Rules, chapter 7050;
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(4) land designated by the commissioner of agriculture or a county as containing
prohibited noxious weeds, restricted noxious weeds, or county noxious weeds under sections
18.76 to 18.91;
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(5) an unpaved road that is less than 300 feet from a public water that supports aquatic
life; or
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(6) an unpaved road that is less than 150 feet from a public water that does not support
aquatic life.
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(d) Paragraph (c) must not be construed to affect roads or trails constructed or authorized
before the effective date of that paragraph.
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(a) Except for designated forest roads, a person must
not operate an off-highway vehicle or snowmobile on state forest lands during the firearms
deer-hunting season in areas of the state where deer may be taken by rifle. This paragraph
does not apply to a person in possession of a valid deer-hunting license operating an
off-highway vehicle or snowmobile before or after legal shooting hours or from 11:00 a.m.
to 2:00 p.m.
(b) The commissioner may designate and post winter trails on state forest lands for use
by off-highway vehicles.
(c) For the purposes of this subdivision, "state forest lands" means forest lands under
the authority of the commissioner as defined in section 89.001, subdivision 13, and lands
managed by the commissioner under section 282.011.
deleted text begin (a)deleted text end Except as provided in sections 84.926 and 84.928, after
completion of official department off-highway vehicle maps for the area, a person must not
operate an off-highway vehicle on state land that is not mapped for the type of off-highway
vehicle. deleted text begin This paragraph does not apply to state forest land north of U.S. Highway 2 untildeleted text end
deleted text begin after June 30, 2009.
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(b) This subdivision does not apply to a forest access route in a managed forest north of
U.S. Highway 2 that the commissioner has not designated as a road or trail. Forest access
routes will not be signed or maintained and will not be included on published user maps of
the forest. Off-highway vehicle operation on forest access routes is subject to the prohibitions
on causing erosion, rutting, damage to trees or crops, and construction of unauthorized trails
contained in Minnesota Rules. Damaged routes are subject to closure to off-highway vehicle
use.
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Determinations of the commissioner under this section
may be by written order published in the State Register and are exempt from the rulemaking
provisions of chapter 14. Section 14.386 does not apply.
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Notwithstanding subdivisions 1 to 4 and section 84.773,
subdivision 1, on a case-by-case basis, the commissioner may issue a permit authorizing a
person to operate an off-highway vehicle on individual public trails under the commissioner's
jurisdiction during specified times and for specified purposes.
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Subdivision 1, paragraph (c), clauses (1) and (2), are effective
the day following final enactment. The remainder of this section is effective August 1, 2023.
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(a) The commissioner of natural resources must amend Minnesota Rules, part 6100.1950,
to provide that, effective August 1, 2024, and in accordance with Minnesota Statutes, section
84.777, subdivision 1, use of off-highway vehicles is prohibited on state land administered
by the commissioner of natural resources and on county-administered forest land within
the boundaries of a state forest, except as provided in Minnesota Statutes, section 84.777.
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(b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt the rule required under this section, and
Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota
Statutes, section 14.388.
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(a) The Environmental Quality Board must amend Minnesota Rules, part 4410.4300,
subpart 37, to make preparation of an environmental assessment worksheet mandatory for
any off-highway vehicle trail construction or expansion, except for rerouting one mile or
less of an existing off-highway vehicle trail.
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(b) The board may use the good cause exemption under Minnesota Statutes, section
14.388, subdivision 1, clause (3), to adopt the rule required under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section
14.388.
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This section is effective August 1, 2023, and applies to
construction or expansion completed on or after that date.
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