Subdivision 1. Planting conditions. The commissioner of natural resources may supply planting stock produced or procured hereunder for use on any public or private lands within the state for the purposes herein authorized under such conditions as the commissioner may prescribe for planting, care, and maintenance in furtherance of such purposes.
Subd. 2. Public lands; auxiliary forests of nonprofit corporations. Such planting stock may be supplied for use on any lands owned by or subject to an easement or right-of-way held by the state or by any political subdivision of the state upon payment of the cost of such stock and expenses of distribution, as the commissioner may determine. Such planting stock may be supplied under like conditions for use in any auxiliary forest owned and maintained by any corporation organized for religious, social, moral, educational, scientific, benevolent, charitable, fraternal, or reformatory purposes and not for profit.
Subd. 3. Private lands. The commissioner may supply only bare root seedlings, woody cuttings, and transplant material for use on private land, provided that such material must be sold in lots of not less than 250 for a sum determined by the commissioner to be equivalent to the cost of the materials and the expenses of their distribution. The commissioner may not directly or indirectly supply any other planting stock for use on private lands.
Subd. 3a. Sales of trees to soil and water conservation districts. (a) The commissioner of natural resources may supply tree planting stock to organized soil and water conservation districts for soil, water, wildlife and conservation purposes or as prescribed in section 89.35, subdivision 2, upon payment of the cost of the stock and expenses of distribution.
(b) There is no minimum limitation on the number of trees going on an individual location. The district shall make the determination of the numbers of trees going to each location.
(c) Resale of trees with roots attached by the districts to their cooperators is permitted if planted in accordance with conservation purposes set forth in section 89.35, subdivision 2.
(d) The soil and water conservation districts are permitted to resell trees with an adequate amount added to defray costs of handling, grading, transportation, storage, salaries and other costs directly related to planting the stock.
(e) The district shall keep a record of all trees planted and the locations of the plantings. A record of the plantings shall be sent to the commissioner of natural resources.
(f) Soil and water conservation districts may establish joint distribution centers, if necessary, to facilitate distribution or improve quality of tree planting stock when approved by the commissioner of natural resources and the soil and water conservation districts so affected.
Subd. 3b. Sales to nurseries. To promote the availability and use of native plant material, the commissioner may sell native tree seed to licensed, private Minnesota nurseries when supplies of seed from geographically adapted sources are not available from private Minnesota seed dealers. The commissioner may also sell native trees and shrubs in lots of ten or more to nonprofit groups and local units of government.
Subd. 4. Proceeds of sale. All money received in payment for tree planting stock supplied under this section shall be deposited in the state treasury and credited to a forest nursery account and are available to the commissioner of natural resources for the purposes of sections 89.35 to 89.37, including up to $250,000 per year for forestry education and technical assistance.
Subd. 5. Investment income. Income earned from the investment of funds in the forest nursery account beginning July 1, 1989, shall be credited to the account and are annually appropriated to the commissioner of natural resources for the purposes of sections 89.35 to 89.37.
Subd. 6. Promotional activities. All promotional materials for public cost-share programs for tree planting shall address the eligibility of private nursery planting stock.
Subd. 7. Rulemaking exemption. The sale price of planting stock and native tree seeds distributed by the commissioner under this section is not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply. The commissioner may establish the sale price of planting stock and native tree seeds notwithstanding section 16A.1283.
1947 c 94 s 3; 1953 c 580 s 1,2; 1969 c 399 s 1; 1969 c 1129 art 10 s 2; 1973 c 234 s 2; 1982 c 511 s 14-17; 1986 c 444; 1989 c 335 art 4 s 106; 1991 c 199 art 2 s 6; 1992 c 513 art 2 s 24,25; 1994 c 551 s 2; 1997 c 119 s 4,5; 2004 c 221 s 34; 1Sp2005 c 1 art 2 s 73; 1Sp2021 c 6 art 2 s 44
Structure Minnesota Statutes
Chapter 89 — State Forests; Tree Planting; Forest Roads
Section 89.01 — Commissioner; Powers And Duties.
Section 89.011 — Forest Planning Coordination.
Section 89.012 — Unit Forest Resource Plans.
Section 89.015 — Southern Minnesota Tree Species; Research.
Section 89.016 — Forest Campgrounds.
Section 89.018 — Heritage Forests.
Section 89.021 — State Forests.
Section 89.0211 — Sale Of State Forest Lands Adjacent To Platted Areas.
Section 89.022 — Disposal Of Tillable Land In Memorial Hardwood Forest.
Section 89.025 — Dorer Memorial Hardwood Forest; Land Use Restricted.
Section 89.03 — Advancing Education.
Section 89.031 — Management And Control.
Section 89.032 — Acquiring Land.
Section 89.034 — Tax-forfeited Lands; Inclusion In State Forests.
Section 89.035 — Income From State Forest Lands; Disposition.
Section 89.0385 — Forest Management Investment Account; Cost Certification.
Section 89.039 — Forest Management Investment Account.
Section 89.05 — Accounting System.
Section 89.17 — Leases And Permits.
Section 89.18 — Roads Through State Forests.
Section 89.20 — Posted Land; Trespass.
Section 89.21 — Campgrounds; Establishment And Fees.
Section 89.22 — Uses Of State Forest Lands; Fees.
Section 89.26 — State Water Powers Withdrawn From Sale.
Section 89.27 — Land Suitable For Reforestation Withdrawn From Sale.
Section 89.28 — Pulpwood Investigation.
Section 89.35 — Tree Planting.
Section 89.36 — Producing And Procuring Planting Stock.
Section 89.37 — Distributing Planting Stock.
Section 89.38 — Prohibition; Penalties.
Section 89.39 — Purchase Agreements And Penalties.
Section 89.391 — Nursery Inspection Certificates; Limitations On Issuance.
Section 89.41 — School Forests.
Section 89.42 — Sale Of Forest Products.
Section 89.421 — Forest Resource Assessment Products And Services Account.
Section 89.43 — Tree Seeds And Cones; Payments From Appropriations.
Section 89.52 — Surveys And Investigations.
Section 89.53 — Control Of Forest Pests And Shade Tree Pests.
Section 89.54 — Zones Of Infestation; Establishment.
Section 89.55 — Infestation Control; Costs.
Section 89.551 — Approved Firewood Required.
Section 89.57 — Dissolution Of Infestation Zone.
Section 89.58 — Forest Pest And Shade Tree Pest Control Account.
Section 89.60 — Commissioner's Authority.
Section 89.61 — Act Supplemental.
Section 89.62 — Shade Tree Pest Control; Grant Program.
Section 89.63 — Certification Of Tree Inspectors.
Section 89.65 — Forestry Education.
Section 89.66 — Forestry Research And Extension.
Section 89.70 — State Forest Road Account.
Section 89.715 — Alternative Recording For State Forest Road.