Bill
HF 4753
Allows noncommercial personal foraging on state lands with rules, permits, site-specific limits, and public education, while studying impacts and pausing major rulemaking for 5 yea
Title: Foraging on state land authorized, rulemaking authorized, reports required, and money appropriated
Jurisdiction: Minnesota
Status: Introduced in 94th Legislature (HF4753), 2026-03-26
Sponsor: Representative (Co-sponsor) Roger Skraba
Purpose and overall intent
- Establish a framework to authorize foraging on state lands for noncommercial personal use, while creating a structured rulemaking process, public information resources, and related studies and reporting.
- Balance access to foraging with protections for natural and cultural resources, while acknowledging traditional ecological knowledge and cultural rights.
Key provisions and changes
1) Short title
- Act may be cited as the "Minnesota Foraging Act."
2) Expanded rulemaking authority (amends § 84.027, subdiv. 13a)
- The Department of Natural Resources (DNR) may adopt expedited permanent rules under Minnesota law.
- New rulemaking scope includes:
- Designating boundaries of zones or permit areas, fish spawning beds/preserves, recruitment/registration of game or fish, disease prevention, and correcting non-substantive errors.
- Provisions related to invasive species (designation of prohibited/regulatory/unregulated species).
- Optional inclusion of changes to land-use district placements/boundaries (see note below).
- New authority to prohibit foraging on state lands or portions of land and set harvest limits.
- Additional rulemaking authority remains for other purposes, with required public notice and hearings.
3) Foraging on state lands (new § 84.0925)
- Subdivision 1 — Definitions:
- Commercial use: any use not noncommercial personal use.
- Forage plants: edible mushrooms, berries, seeds, nuts, flowers, leaves, roots, fungi.
- Foraging: searching for, harvesting, collecting, or taking forage plants.
- Noncommercial personal use: foraging for personal/household use, ceremonial/cultural/medicinal purposes, or sharing with others without profit motive.
- Prohibited plant: plants restricted by other rules or designated prohibited by DNR rules.
- State lands: state-owned lands/waters under DNR; excludes lands not publicly accessible, scientific/natural areas, or lands where foraging is prohibited by rules.
- Subdivision 2 — Foraging authorized:
- Foraging on state lands for noncommercial personal use is allowed if it does not damage natural resources and is not for prohibited plants.
- Subdivision 3 — Rules:
- DNR may designate prohibited plants to protect resources or health.
- Prohibit foraging in specific park areas due to management/restoration/surveys/maintenance.
- Prohibit foraging on portions of state-owned lands to protect resources.
- Permit harvesting with clear, accessible processes, including electronic applications/payments; limits must be evidence-based and not overly broad.
- Align with federal funding requirements (Pittman-Robertson, Dingell-Johnson).
- Authorize land managers to impose site-specific limits, temporary closures, or safety measures as needed.
- Implement policies recognizing foraging as a right (as reflected in the Minnesota Children’s Outdoor Bill of Rights).
- Consider traditional ecological knowledge and honorable harvest; require consultation under a specified law (section 10.65).
- Subdivision 4 — Public information:
- DNR must maintain a dedicated web page with:
- Current laws/rules and where/how much can be harvested.
- Updates on proposed rule changes and rulemaking status.
- Best management practices (BMPs) for foraging.
- Opportunities for public input.
4) Moratorium on foraging rulemaking
- Five-year moratorium on substantial rulemaking related to foraging on state lands after effective date, to allow data collection and evaluation.
- Rules may be made only to address emergencies, federal requirements, or necessary administrative/technical improvements.
5) Foraging rulemaking and permitting funding (Sec. 5)
- One-time appropriation from the general fund in FY 2027 to develop foraging rulemaking and permitting processes (under § 84.0925).
6) Foraging best management practices and public education (Sec. 6)
- One-time appropriation from the general fund in FY 2027 to develop BMPs and public education resources.
- Collaboration requirements:
- Work with University of Minnesota Extension.
- Engage a broad set of stakeholders (tribal governments, foraging societies, conservation groups, and naturalist organizations, etc.).
- BMP/public education content to include:
- Cultural considerations, Tribal sovereignty, and sacred plant rights.
- Honorable harvesting practices, biodiversity, soil health, seasonal considerations.
- Public land types and applicable rules for foraging.
- Safety guidance (ticks, contaminants, gear, first aid, emergency protocols).
- Plant identification basics and edible/medicinal species.
- Invasive species spread prevention and Noxious Weed Law compliance.
- Reporting requirement:
- By January 15, 2028, submit a report detailing development and implementation of BMPs/public education to relevant legislative committees.
7) Study of foraging and its impact (Sec. 7)
- One-time appropriation in FY 2027 for a study on foraging and its impact; available through June 30, 2032.
- By January 15, 2032, deliver a report (in consultation with U of MN Extension and stakeholders) covering:
- Type/frequency of foraging on state lands over the previous five years, by region and species.
- Resource impact assessment.
- Effects on conservation outcomes, public access, stewardship, community engagement, and traditional ecological knowledge; include recommendations for statutory or policy changes.
Effectiveness and timelines
- Effective date for the foraging-related provisions is July 1, 2028 (Sec. 3 generally delayed).
- Five-year rulemaking moratorium begins after the effective date.
- Key funding and reporting milestones occur in FY2027 and by January 15, 2028 (BMPs/public education) and January 15, 2032 (study report).
Affected parties
- Minnesota residents and visitors who foraging for noncommercial personal use on state lands.
- State agencies (DNR) implementing rules, permits, and educational resources.
- Tribal governments and other stakeholders involved in foraging practices, ecological knowledge, and resource management.
- Land managers overseeing state parks and state-owned lands.
Notes
- The bill emphasizes traditional ecological knowledge, honorable harvest practices, and Tribal rights.
- It places explicit emphasis on ensuring safety, biodiversity, and alignment with federal funding programs.
- It provides a structured transition with mandated reports and public education to accompany new access.
Compiled from official sources — confirm details with the bill’s official record.
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