Current through Register Vol. 49, No. 13, September 23, 2024
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:
(1) engaged in hunting big game or
constructing hunting stands during October, November, and December;
(2) retrieving big game during September;
or
(3) trapping during open
seasons.
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.
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
