drift wood question

[lakeshoremunster]

Didnt know were to put this, so decided that it will go in here. My question is, is it legal to take drift wood off the shores of minnesota waters.

Someone some time ago told me that in Wi it is not legal to take drift wood from the shores.

[PurpleFloyd]

Hopefully that isn't true.

[scott b]

False. It is not legal to take live standing trees. Driftwood should be viewed as finding a 20oz. plastic bottle. Miss is loaded in between WI,MN,IA, border.

[reinhard1]

the driftwood i have around my house for landscaping came from the big lakes around duluth. beautifull stuff. my 42 inch pike is on a piece of driftwood from boulder lake. good luck.

[RiverFish]

I would make sure you are not taking driftwood from private property.

Some thing to keep in mind.

[Big-Al]

In Minnesota you can't legally gather firewood and take it home without a permit on state and county land and I am pretty sure that would make it illegal to pick up driftwood. Federal may be different.

[Ed Carlson]

I collect my driftwood from root balls from trees that have seen a lot of river currents and sun. Larger more involved roots on hardwoods have some crazy neat growths on them in the roots.

I find an old snag, eyeball it for a good root cluster, check it for firmness and strength, and cut a couple usable sections free with a Swede Saw.

Now... if old river Snags are technically "Driftwood", or not, in the eyes of the driftwood police...don't know? And I'm not overly concerned if it is as there is no real shortage of snag piles on the Red River to choose from on either side of the river.

[King Canada]

I won't live in a world where I can't liberate driftwood

[chris63]

Technically,it is illegal to remove materials from Federal,State and

County lands, (dead or alive)but when it comes to private property the Laws and statutes become very gray.Good luck,happy mounting!P.s.-very funny King Canada I'm with you!

[BoxMN]

In Minnesota you can't legally gather firewood and take it home without a permit on state and county land and I am pretty sure that would make it illegal to pick up driftwood. Federal may be different.

I know you need a permit to take certain quantities, but if you are gathering on a smaller scale I thought it was legal, and only then dead wood. I am not sure though, so just asking. I.e. a wagon full for a campfire, as opposed to trucks and trailers gathering for home heating...

[CAMAN]

I thought it was illegal to take wood from the" general" vicinity of where it was gathered to prevent the spread of invasive insects.

[PurpleFloyd]

I am beginning to think they should just make doing anything illegal and if they catch you doing it you just pay a nominal fine. It would certainly clarify things for us.

[BoxMN]

I thought it was illegal to take wood from the" general" vicinity of where it was gathered to prevent the spread of invasive insects.

Right, but I guess I am talking about taking it from county land about 300 yards down the road or in the general area (i.e. same county). I.e. camping in county land, and gathering from same land - this is not in State Campground area, just basically county forest land in remote area. Again, I don't know for sure myself, but I do it...

[Pinusbanksiana]

Easier to apologize than ask permission.

[RiverFish]

Easier to apologize than ask permission.

Really????

[Tom7227]

Technically,it is illegal to remove materials from Federal,State and County lands, (dead or alive)but when it comes to private property the Laws and statutes become very gray.

I would like to see the statutes that prohibit it. Could you provide a reference please.

[scott b]

MN State Parks don't allow gathering or picking of any kind. This I know. But In Wisconsin... every thing is legal! Watch out for the transfer of invasives law.

[Big-Al]

From Minnesota Statutes

Quote:

Sec. 3. Trespass—penalties.—Whoever, without valid permit,

shall cut any timber upon the lands owned by this state, or

remove or carry away any such timber or any other property

belonging or appertaining to said lands, or shall commit any other

trespass upon said lands, or shall induce or assist another so to

do, shall be liable in an action brought by the state, in treble damages,

if such trespass is adjudged to have been wilful, but in

double damages only if such trespass is adjudged to have been casual

and involuntary.

[NoWiser]

You should be just fine taking driftwood from MN lakes. I wouldn't go on a private shoreline to do it, though. I don't have proof that it is legal, but I really can't see someone getting in trouble for it. I was coming back from Canada recently and got checked by U.S. Customs. I had a half dozen pieces of driftwood in the boat that I gathered up there to put some crappies on that I had mounted. They made me pull up to someone from the U.S. Agriculture Department so he could look at it, and after 3 seconds to glance at it, and a couple minutes to discuss how the fishing was, I was on my way.

I think as long as their isn't millfoil or zebra mussels clinging to the driftwood if you get checked, you will be just fine. I'll be collecting some this summer and won't give it a second thought.

As far as taking things from state, federal, and county lands goes. If I can shoot a deer on county land or pick a mushroom from a state forest, I'm sure I'd be just fine with a chunk of decorative dead wood in the back of my truck.

[scott b]

Ahhh.. but you can't pick a mushroom from a state park.

[NoWiser]

Ahhh.. but you can't pick a mushroom from a state park.

Yup, I realize that. I'm guessing that the original poster most likely would be finding driftwood somewhere outside of a state park, though. If not, I'd make sure to ask someone working there first. Or, a simple call to the DNR might be safer than listening to a bunch of yahoos on the internet. (Myself included!)

[Big-Al]

Quote:

You should be just fine taking driftwood from MN lakes

You may be correct in your statement and you probably will never get pinched for it but the bottom line is it not legal. Maybe kind of like going 58 MPH in a 55 zone.

I doubt that there is a CO that is going to cite you for a "chunk of decorative dead wood" in your pickup but what about a pickup load?

[flyfisher03]

Ahhh.. but you can't pick a mushroom from a state park.

Yes you can

6100.0900 ENVIRONMENTAL PROTECTION.

Subpart 1.

Generally.

Unless otherwise provided by law, no person in a state park or forest recreation area shall disturb, destroy, injure, damage, deface, molest, or remove any state property, including, but not limited to, wildflowers or vegetation of any kind dead or alive, ruins, wild animals, geological formations, historical or archaeological artifacts or sites, historic structures, signs, or facilities, except edible fruit, mushrooms, legally taken wild animals, and vegetation unavoidably damaged or destroyed by the ordinary recreational uses of these areas as specifically permitted by parts 6100.0100 to 6100.2400. Collections for scientific and educational purposes may be made only with the written permission of the commissioner. It is unlawful to damage vegetation or damage and deface rock formations with rock-climbing equipment.

Subp. 2.

State parks.

A.

Within a state park, collecting, harvesting, or taking a tangible object for resale or commercial use is prohibited, except by written permission of the commissioner. The commissioner may further restrict collecting, harvesting, or taking a plant, animal, or other tangible object for scientific, educational, commercial, or any other purpose if the commissioner finds it necessary for the protection of the park's resources.

B.

Collection of firewood in state parks, except where expressly permitted, is prohibited.

C.

Subject to posted restrictions, rock specimens and fossils may be collected at Hill Annex Mine State Park for noncommercial use.

D.

Harvesting wild rice on bodies of water totally enclosed within a state park boundary is prohibited except by written permission of the commissioner.

E.

Collecting or possessing naturally occurring plants in a fresh state in state parks is prohibited, except that edible fruit and mushrooms may be harvested for personal, noncommercial use.

F.

Except for scientific research conducted under special permit from the commissioner and with a field archaeology license issued by the state archaeologist, the use of metal detectors in state parks is permitted only for locating specifically identified items of lost personal property. Metal detectors may be used only with prior written permission from the park manager and under the supervision of the park manager.

G.

It is unlawful at any time to construct, occupy, or use an elevated scaffold or other elevated device in a state park, except that a portable tree stand may be used for hunting or watching wild animals if the stand is removed each day and does no permanent damage to the tree in which it is placed.

H.

A person may not release, place, or transplant plant or animal life in a state park unless approved by the commissioner. This item does not apply to a person operating under a contract, lease, license, or permit from the commissioner that allows releasing, placing, or transplanting plant or animal life in a state park.

Subp. 3.

Forest lands.

A.

Wood that is dead and lying on the ground on forest lands may be used to build fires, as long as it is used on forest lands and not removed, except under permit issued by the commissioner.

B.

No person may cut live merchantable trees on forest lands for constructing an elevated scaffold, except that shrubs, the lateral branches of trees, and saplings measuring smaller than four inches in diameter at 4-1/2 feet off the ground may be removed.

C.

A person may not release, place, or transplant plant or animal life on forest lands unless approved by the commissioner. This item does not apply to a person operating under a contract, lease, license, or permit from the commissioner that allows releasing, placing, or transplanting plant or animal life on forest lands.

However back to the topic at hand. It doesn't specifically say you can't take drift-wood but a quick call or e-mail to the DNR would be a good place to start.

[Tom7227]

Sorry but driftwood isn't timber so the trespass law doesn't apply. Wood that is driftwood isn't lying on the ground it is most likely in the water, at least partially, and so I don't buy the last post either. It is designed to control the movement of invasive species and i don't think bark free driftwood qualifies.

Case dismissed.

[Big-Al]

Quote:

Sorry but driftwood isn't timber

Ah, but it is......Case not dismissed....

Quote:

Subd. 6.Timber.

"Timber" means trees that will produce forest products of value whether standing or down, and including but not limited to logs, posts, poles, bolts, pulpwood, cordwood, lumber and decorative material.

There is a whole lot more to it than controlling invasive species. You may not like it but it is the law.

[slipperybob]

I need to catch a gopher and transplant that critter to somewhere else, but now I'm gonna have to put him down. That's if it's not like the Caddy Shack gopher dancing around me. LOL's

I suppose the annual fall leaf gathering from the state park is gonna be illegal activity.

[chris63]

Tom,could you be more specific.Are we still talking about driftwood here and where are we removing "it"or "what" from?c63

[chris63]

Funny you should mention the DNR.I was curious so I called the Forestry division of the DNR in St.Paul and was informed the taking Any wood from MNDNR properties is unlawful.(Unless approved by the commissioner).When dealing with private property questions I was advised to seek the advise of a real estate attorney.

[pureinsanity]

Dont take anything from a state park! The animals depend on that piece of drift wood, or that antler shed!!!!!

[chris63]

Yes they do...............LMAO!!!!!!!!!!!!!!!!!!!!!c63

[chris63]

I was wondering if an Emerald Ash Borer (Agrilus Planipennis Fairmaire)could survive say a 150 mile down float down a river and establish a new colony in a new stand of Ash trees?c63