Subdivision 1. Written consent. No person shall cut, harvest, remove, transport, or possess for decorative purposes or for sale more than three decorative trees, more than 100 pounds of decorative boughs, more than 50 spruce stems or branches greater than six inches in length, more than 50 birch stems or branches greater than one-inch large-end diameter, or more than 100 pounds of any other decorative materials without the written consent of the owner or authorized agent of the private or public land on which the decorative materials were cut or harvested. The written consent must contain the legal description of the land where the decorative materials were cut or harvested, as well as the name of the legal owner of the land or the owner's authorized agent. The written consent must be carried by every person cutting, harvesting, removing, possessing, or transporting any decorative materials, or in any way aiding therein, and must be exhibited to any officer at the officer's request at any time.
Subd. 2. Inspection and investigation. Any officer shall have power to inspect any decorative materials when being transported in any vehicle or other means of conveyance or by common carrier, to make an investigation with reference thereto as may be necessary to determine whether or not the provisions of sections 88.641 to 88.648 have been complied with, to stop any vehicle or other means of conveyance found carrying decorative materials upon any public highways of this state, for the purpose of making an inspection and investigation, and to seize and hold subject to the order of the court any decorative materials found being cut, removed, or transported in violation of any provision of sections 88.641 to 88.648. Failure to comply with the requirements of sections 88.641 to 88.648 subjects the decorative materials to seizure and confiscation as contraband in addition to other penalties provided by law.
Subd. 3. Transportation requirements. No person, common carrier, decorative materials buyer, or authorized agent shall purchase or otherwise receive for shipment or transportation any decorative materials without recording the seller's or consignor's name and address and the written consent on a form furnished or otherwise approved by the commissioner of natural resources.
Subd. 4. No written consent. Failure to possess or exhibit a written consent shall be prima facie evidence that no consent was given or exists.
Subd. 5. Exceptions. (a) This section does not apply to decorative materials in the possession of or being transported by a federal, state, or local government official for a legitimate public purpose.
(b) This section does not apply to a person cutting, harvesting, possessing, or transporting decorative materials cut from the person's own property if the person produces documentation that the person owns the property where the decorative materials were cut.
1949 c 546 s 2; 1967 c 905 s 9; 1969 c 1129 art 10 s 2; 1976 c 181 s 2; 1983 c 133 s 2; 1986 c 444; 1Sp2001 c 2 s 96; 1Sp2019 c 4 art 3 s 36,37
Structure Minnesota Statutes
Chapter 88 — Division Of Forestry
Section 88.02 — Citation; Wildfire Act.
Section 88.04 — Firebreaks; Preventing Fires.
Section 88.041 — Agreements To Prevent And Suppress Wildfires.
Section 88.05 — Roadsides; Clearing; Firebreaks.
Section 88.06 — Removing Dead Or Down Timber.
Section 88.065 — Equipment Furnished.
Section 88.067 — Grants To Local Fire Departments.
Section 88.068 — Volunteer Fire Assistance Grant Account.
Section 88.08 — Wildfire Protection Districts.
Section 88.09 — Acquiring Land For Fire Protection.
Section 88.10 — Authority Of State Forest Officers.
Section 88.11 — Assistance For Fighting Fires.
Section 88.12 — Compensating Wildfire Fighters; Emergency Expenses.
Section 88.14 — Disposal Of Slashings And Debris.
Section 88.16 — Starting And Reporting Fires.
Section 88.17 — Permission To Start Fires; Prosecution For Unlawfully Starting Fires.
Section 88.171 — Open Burning Prohibitions.
Section 88.20 — Railroad Companies To Provide Patrol Officers.
Section 88.21 — Railroads; Duties; Penalties.
Section 88.22 — Wildfire Prevention; Restrictions And Penalties.
Section 88.28 — Law Divided Into Parts.
Section 88.29 — County Boards; Jurisdiction, Powers.
Section 88.30 — Clearing And Improving Lands.
Section 88.31 — Surveys And Plats.
Section 88.32 — Appraisers; Assessing Benefits And Damages; Statements And Reports.
Section 88.33 — Hearings; Notice; Service; Date; Adjournments.
Section 88.34 — Hearing On Petition; Elimination Of Lands.
Section 88.35 — Rereference Of Petition.
Section 88.36 — Order For Improvements.
Section 88.37 — Appeals From Orders For Improvements.
Section 88.38 — Contracts For Improvements; Duties Of County Auditor; Seeding Of Cleared Lands.
Section 88.39 — Work Of Improvement; Duties Of Engineers; Payments To Contractors.
Section 88.40 — Bond Issues To Pay For Improvements.
Section 88.41 — County Auditors; Tabular Statements; Powers And Duties.
Section 88.42 — Improvements By Towns And Cities; Limitation Of Indebtedness.
Section 88.43 — Firebreaks; Clearing Lands.
Section 88.44 — Acquiring Property.
Section 88.45 — Municipalities To Cooperate.
Section 88.46 — Laws Applicable.
Section 88.491 — Expired Contracts.
Section 88.51 — Auxiliary Forests; Tax Rate, Special Taxes.
Section 88.52 — Cutting Timber; Taxation.
Section 88.523 — Auxiliary Forest Contracts; Supplemental Agreements.
Section 88.53 — Disposal After Land Ceases To Be Auxiliary Forest; Rules.
Section 88.642 — Decorative Materials.
Section 88.6435 — Decorative Materials; Buyers.
Section 88.647 — Relation To Existing Laws.
Section 88.648 — Criminal Penalties; Misdemeanor.
Section 88.73 — Administration; Delegated Powers And Duties.
Section 88.75 — Violations; Penalties.
Section 88.77 — Disposition Of Fines And Penalties.
Section 88.79 — State Forest Service To Private Owners.
Section 88.80 — Aspen Recycling Program.