Minnesota Statutes

Minn. Stat. § 116B.02 (2026)

Definitions

✓ current as of May 2026

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Subdivision 1.Scope.

For purposes of sections 116B.01 to 116B.13, the following terms have the meanings given them in this section.

Subd. 2.Person.

"Person" means any natural person, any state, municipality or other governmental or political subdivision or other public agency or instrumentality, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, and any other entity, except a family farm, a family farm corporation or a bona fide farmer corporation.

Subd. 3.Nonresident individual.

"Nonresident individual" means any natural person, or the personal representative of the person, who is not domiciled or residing in the state when suit is commenced.

Subd. 4.Natural resources.

"Natural resources" shall include, but not be limited to, all mineral, animal, botanical, air, water, land, timber, soil, quietude, recreational and historical resources. Scenic and esthetic resources shall also be considered natural resources when owned by any governmental unit or agency.

Subd. 5.Pollution, impairment, or destruction.

"Pollution, impairment, or destruction" is any conduct by any person which violates, or is likely to violate, any environmental quality standard, limitation, rule, order, license, stipulation agreement, or permit of the state or any instrumentality, agency, or political subdivision thereof which was issued prior to the date the alleged violation occurred or is likely to occur or any conduct which materially adversely affects or is likely to materially adversely affect the environment; provided that "pollution, impairment, or destruction" shall not include conduct which violates, or is likely to violate, any such standard, limitation, rules, order, license, stipulation agreement or permit solely because of the introduction of an odor into the air.

Subd. 6.Family farm.

"Family farm" shall mean any farm owned by a natural person, or one or more natural persons all of whom are related within the third degree of kindred according to the civil law, at least one of whose owners resides on or actively operates said farm.

Subd. 7.Family farm corporation.

"Family farm corporation" means a corporation founded for the purpose of farming and owning agricultural land, in which the majority of the voting stock is held by, and the majority of the stockholders are, members of a family related to each other within the third degree of kindred according to the rules of the civil law, and at least one of whose stockholders is a person residing on or actively operating the farm, and none of whose stockholders are corporations.

Subd. 8.Bona fide farmer corporation.

"Bona fide farmer corporation" means an association of two or more natural persons, one of which, if two persons are so associated, or the majority of which, if more than two persons are so associated, reside on, or are actively operating a farm.

Notes of Decisions

Cited in 38 cases (2 in the last 5 years), 1974–2025 · leading case: State Ex Rel. Schaller v. Cnty. of Blue Earth, 563 N.W.2d 260 (Minn. 1997).

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State Ex Rel. Schaller v. Cnty. of Blue Earth, 563 N.W.2d 260 (Minn. 1997). · cites it 46× “See Minn.Stat. §§ 116B.02, subd. 5, 116B.03, subd.”

Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc., 624 N.W.2d 796 (Minn. Ct. App. 2001). · cites it 8× “Respondents have offered anecdotal evidence from various MPCA reports that birds may ingest lead bullets, but there is nothing to link those reports to the wildlife here.”

State Ex Rel. Drabik v. Martz, 451 N.W.2d 893 (Minn. Ct. App. 1990). · cites it 12× “Minn.Stat. § 116B.02, subd. 4. Subd. 5. “Pollution, impairment or destruction” is * * * any conduct which materially adversely affects or is likely to materially adversely affect the environment; * * * Minn.”

Urban Council on Mobility v. Minnesota Dep't of Nat. Resources, 289 N.W.2d 729 (Minn. 1980). · cites it 6× ““Natural resources” is defined in Minn.Stat. § 116B.02, subd. 4 (1978), as including, but not limited to: [A]ll mineral, animal, botanical, air, water, land, timber, soil, quietude, recreational and historical resources.”

Werlein v. United States, 746 F. Supp. 887 (D. Minnesota 1990). · cites it 2× “” Minn. Stat. §§ 116B.02, subd. 5; 116B.03, subd.”

State Ex Rel. Archabal v. Cnty. of Hennepin, 495 N.W.2d 416 (Minn. 1993). · cites it 4× “” Minn. Stat. § 116B.02, subd. 4 (1992). Historical resources are not defined within MERA; however, in State by Powderly v.”

Matter of Univ. of Minnesota, 566 N.W.2d 98 (Minn. Ct. App. 1997). · cites it 6× “Relators contend that the MPCA erroneously applied Minn.Stat. § 116B.02, subd. 5, by concluding that there is no adverse impact solely because the projected emissions comply with state and federal regulations.”

Nat'l Audubon Soc'y v. Minnesota Pollution Control Agency, 569 N.W.2d 211 (Minn. Ct. App. 1997). · cites it 4× “A person is defined as “any natural person” or “any state, municipality, or other governmental or political subdivision or other public agency * * ⅜ » Minn.Stat. § 116B.02, subd. 2 (1996). Environmental review is a process of information gathering and analysis.”

Minnesota Pub. Interest Rsch. Grp. v. White Bear Rod & Gun Club, 257 N.W.2d 762 (Minn. 1977). · cites it 2× “As the majority opinion notes, quietude is a natural resource under § 116B.02, subd. 4. However, § 116D.02, subd.”

White v. Minn. Dept. of Nat. Resources, 567 N.W.2d 724 (Minn. Ct. App. 1997). · cites it 4× “" Minn.Stat. § 116B.02, subd. 2 (1996). Consequently, under the plain language of the statute, any natural person may maintain a civil action against a public agency for the protection of natural resources from pollution, impairment, or destruction.”

State Ex. Rel. Wacouta Twp. v. Brunkow Hardwood Corp., 510 N.W.2d 27 (Minn. Ct. App. 1993). · cites it 4× “” Minn.Stat. § 116B.02, subd. 4 (1990). In general, MERA’s definition of natural resources is presumed to be broad.”

State Ex Rel. Swan Lake Area Wildlife Ass'n v. Nicollet Cnty. Bd. of Cnty. Commissioners, 771 N.W.2d 529 (Minn. Ct. App. 2009). · cites it 5× “” Minn. Stat. § 116B.02, subd. 2 (2008). Furthermore, the “rights and remedies provided [in MERA] shall be in addition to any administrative, regulatory, statutory, or common law rights and remedies now or hereafter available.”

Show all 38 citing cases →

— Minn. Stat. § 116B.02(5) — 1 case

United States v. Reserve Mining Co., 380 F. Supp. 11 (D. Minnesota 1974).

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