Subdivision 1. Designation; inventory; recording. The commissioner shall designate forest roads by written order published in the State Register. Designated forest roads, bridges, and other improvements administered under section 89.002, subdivision 3, are designated to the width of the actual use including ditches, backslopes, fills, and maintained right-of-way, unless otherwise specified in a prior easement of record. The commissioner may undesignate, by written order published in the State Register, all or part of a state forest road that is not needed to carry out forest resource management policy. Designations and undesignations are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply. The commissioner shall maintain and keep current an inventory listing and describing roads in which the state claims a right or property interest for state forest road purposes. The commissioner may file for record with a county recorder or registrar of titles appropriate documents setting forth the state's interest in all or part of any state forest road.
Subd. 2. Right-of-way. Additional rights-of-way and easements, including easements needed for drainage or slopes, may be acquired by the commissioner by purchase or gift and by condemnation for safety or environmental protection on existing roads and to provide access to tracts of public land larger than 1,000 acres having no access, following a public meeting in the area affected. Rights-of-way and easements shall be designated as state forest roads when needed for construction, maintenance, or safety of roads.
Subd. 3. Construction; maintenance. The commissioner shall develop specifications for the design and construction of state forest roads and shall establish maintenance schedules for forest roads consistent with their intended use.
Subd. 4. Rules. In adopting rules relating to the use of state forest roads, the commissioner may incorporate into the rules, by reference, traffic regulations contained in chapters 169 and 169A.
Subd. 5. Posting minimum-maintenance forest roads. The commissioner may designate a state forest road as a minimum-maintenance forest road to be maintained at a level consistent with the intended use. Designation of a state forest road as a minimum-maintenance forest road is effective on the posting of signs, at entry points to the road and at regular intervals along the road, to the effect that the road is a minimum-maintenance forest road and that the user travels on the road at the user's risk. Posting of the signs is prima facie evidence that adequate notice of minimum-maintenance status has been given to the public. Liability on a road designated under this subdivision is governed by section 160.095, subdivision 4.
Subd. 6. Conveying unneeded roads to other governments. When the commissioner undesignates a state forest road and determines that the road is no longer needed for any state purpose, the commissioner may convey by mutual agreement, in the manner provided in section 84.63, the state interest in the road to the United States, the state of Minnesota, or any of its subdivisions, whether or not the road is on state land.
Subd. 7. Applying other law. Except as otherwise provided, the commissioner is not a road authority under chapters 160 to 168, and chapters 160 to 168 do not apply to forest roads unless specifically made applicable by law or rule.
1988 c 686 art 4 s 5; 2000 c 478 art 2 s 7; 2004 c 221 s 36; 2005 c 141 s 1
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.