Legislation: Minnesota Noxious Weed Law
Citation and link to full text: Minnesota Statutes, Chapter 18.75 – 18.91
Responsible agency and link to landing page: Minnesota Department of Agriculture (MDA)
Related regulations: none
Advisory body and link to landing page: Minnesota Noxious Weed Advisory Committee
Roles of legislation and related regulations: n/a – no regulations associated with the legislation
Key definition(s): Noxious Weed means an annual, biennial, or perennial plant that the MDA Commissioner designates to be injurious to public health, the environment, public roads, crops, livestock, or other property.
Prohibited Noxious Weeds appear on either the eradicate or control list (see below).
Prohibited Noxious Weed Eradicate List is a list of noxious weeds not currently present in Minnesota or not widely established. If found, the landowner must eradicate any species on this list (i.e. kill all above and below ground parts of plant using a legally accepted means of treatment).
Prohibited Noxious Weed Control List is a list of noxious weeds that are established either statewide or regionally. If found, the landowner must control any species on this list (i.e. prevent propagation or spread).
Restricted Noxious Weeds are widely distributed in Minnesota, and restricting spread due to sale and distribution of propagating parts is the most viable means of control.
Specially Regulated Plants are plants that are native or have special economic value but have the potential to cause harm to the environment, the economy, or to human health if allowed to spread.
The Minnesota Noxious Weed Advisory Committee is a statutorily authorized advisory committee assembled by the MDA Commissioner. It membership must include representation from several defined stakeholder sectors.
Minnesota noxious weeds, woody species only (see MDA link above for full list):
| Class | Woody Species |
| Prohibited Noxious Weed, Eradicate | Oriental bittersweet Celastrus orbiculatus Tree-of-Heaven Japanese honeysuckle |
| Prohibited Noxious Weed, Control | Common barberry Berberis vulgaris |
| Restricted Noxious Weed | Porcelain berry Ampelopsis brevipedunculata |
| Japanese barberry, listed cultivars only (see MDA) Berberis thunbergii |
|
| Black Alder Alnus glutinosa Siberian Peashrub |
|
| Glossy buckthorn (all varieties/cutivars) Frangula alnus syn. Rhamnus frangula |
|
| Amur bush honeysuckle Lonicera maackii |
|
| Morrow’s bush honeysuckle Lonicera morrowii |
|
| Tatarian bush honeysuckle Lonicera tatarica |
|
| Bell’s bush honeysuckle Lonicera x bella |
|
| Common buckthorn Rhamnus cathartica |
|
| Black locust Robinia pseudoacacia |
|
| Multiflora rose Rosa multiflora |
Minnesota specially regulated plants, woody species only (see MDA link above for full list):
| Amur maple Acer ginnala |
When offered for sale, must be labeled to advise planting only in situations where seedlings can be controlled and not to plant within 100 yards of a natural area |
| Poison ivy Toxicodendron radicans |
Must be eradicated or controlled on certain types of property as a public safety issue, must be eradicated or controlled on property borders at a neighbor’s request |
| Norway maple Acer platanoides |
When offered for sale, must be labeled to advise planting only in situations where seedlings can be controlled and not to plant within 100 yards of a natural area |
| Winged burning bush Euonymus alatus |
Sale of this species and all cultivars is being phased out. It is currently allowed for sale, but the Noxious Weed Advisory Committee intends to recommend that it be regulated in 2023 |
- Transportation, propagation, or sale of prohibited noxious weeds (eradicate and control lists)
- Importation, transportation, or sale of restricted noxious weeds or their propagating parts
- Neglecting, failing, or refusing to comply with a general or individual notice to eradicate or control a listed prohibited noxious weed
Exemptions: Transportation of noxious weeds for the purpose of destroying propagating parts at a MDA-approved disposal facility. County weed inspectors may issue permits for the transportation of noxious weeds and their propagating parts (including via infested equipment) for purposes other than disposal at an approved facility. Permit seekers must ensure that the noxious weeds are contained in such a way to prevent scattering. Permit applications must include the destination of the noxious weed or infested equipment and describe how propagating parts will be disposed of. Permits may be revoked at county weed inspector’s discretion if conditions are not met.
Cultivar exemptions: For Berberis thunbergii any cultivar other than those specifically listed is not a restricted noxious weed. For all other species, all cultivars/varieties are included in the listing, although this is only specifically stated for Frangula alnus.
Process for species selection/addition: Designating/listing noxious weeds is a duty of the MDA Commissioner, in consultation with the Noxious Weed Advisory Committee. The list of noxious weeds must be reviewed at least every 3 years. The Advisory Committee evaluates species for possible listing, and must look at their invasiveness, feasibility of control, cost of control, benefits, and harm caused. The Advisory Committee makes recommendations to the Commissioner about whether to list a species, and if so, which category is appropriate. The Commissioner makes all final determinations. The Advisory Committee must review all listed noxious weeds and specially regulated plants once every three years for changes in status and make recommendations to delist or re-categorize as necessary.
Photo Credit: Boreal and northern hardwood forests characterize Isle Royale in Lake Superior (Photo: Michael Panko via National Park Service)
