§ 97B.665 — Beaver Dams; Threats to Safety or Property
Plain-Language Summary
A beaver dam causing damage to property may be removed or destroyed by the person, or their agent, who owns, occupies, or manages that property. A permit may still be required under section 103G.245 if removal would change or diminish the historical water levels, course, current, or cross section of public waters, and a person may not remove a dam on public property or someone else's private property without the landowner's permission. If permission cannot be obtained, or if a dam threatens personal safety or seriously threatens property damage, a person may petition the district court for relief, and the court may order action (including destroying or altering the dam and removing beaver) without a permit. The district court provisions do not apply to state parks, state game refuges, and federal game refuges. (Subdivision 1 of this section was repealed in 2010.)
97B.665 BEAVER DAMS; THREATS TO SAFETY OR PROPERTY.
§
Subdivision 1.
[Repealed, 2010 c 361 art 4 s 83] §
Subd. 1a.Removing beaver dams; agreement by landowner.
(a) Except as provided in paragraph (b), a beaver dam that is causing damage to property may be removed or destroyed by a person or the person’s agent from property that is owned, occupied, or otherwise managed by the person.
(b) A person or a person’s agent may not remove or destroy a beaver dam under this subdivision when a permit is required under section 103G.245 if removing or destroying the dam would change or diminish the historical water levels, course, current, or cross section of public waters.
(c) A person or a person’s agent may not remove or destroy a beaver dam under this subdivision if the dam is on public property or another person’s private property unless the person obtains the approval or permission of the landowner of the property where the beaver dam is located.
(d) If unable to obtain the approval or permission of the landowner under paragraph (c), a person may petition to district court for relief as provided in subdivision 2.
(e) For purposes of this subdivision:
(1) “landowner” means:
(i) the owner, lessee, or occupant of private property; or
(ii) an authorized manager of public property; and
(2) “person” includes a governmental entity in addition to the entities described under section 97A.015, subdivision 35. §
Subd. 2.Petition to district court.
If a beaver dam causes a threat to personal safety or a serious threat to damage property, a person may petition the district court for relief. The court may order the owners of private property where beaver dams are located to take action to reduce the threat. A permit is not required for an action ordered by the court. The action may include destruction or alteration of beaver dams and removal of beaver. This subdivision does not apply to state parks, state game refuges, and federal game refuges.
History:
1986 c 386 art 2 s 55; 2010 c 361 art 4 s 47; 1Sp2019 c 4 art 3 s 65
History: History: 1986 c 386 art 2 s 55; 2010 c 361 art 4 s 47; 1Sp2019 c 4 art 3 s 65