Minnesota Statutes

Minn. Stat. § 138.665 (2026)

Duties Of State In Regard To Historic Properties

✓ current as of May 2026
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Subdivision 1.Notice.

The state, state departments, agencies, and political subdivisions, including the Board of Regents of the University of Minnesota, are by sections 138.661 to 138.664 and by this section notified of the existence of the state historic site network, state register of historic places, and the National Register of Historic Places.

Subd. 2.Consultation.

The state, state departments, agencies, and political subdivisions, including the Board of Regents of the University of Minnesota, have a responsibility to protect the physical features and historic character of properties designated in sections 138.662 and 138.664 or listed on the National Register of Historic Places created by Public Law 89-665. Before carrying out any undertaking that will affect designated or listed properties, or funding or licensing an undertaking by other parties, the state department or agency shall consult with the State Historic Preservation Office pursuant to the State Historic Preservation Office's established procedures to determine appropriate treatments and to seek ways to avoid and mitigate any adverse effects on designated or listed properties. If the state department or agency and the State Historic Preservation Office agree in writing on a suitable course of action, the project may proceed. If the parties cannot agree, any one of the parties may request that the governor appoint and convene a mediation task force consisting of five members, two appointed by the governor, the chair of the State Review Board of the State Historic Preservation Office, the commissioner of administration or the commissioner's designee, and one member appointed by the director of the Minnesota Historical Society. The two appointees of the governor and of the director of the society shall be qualified by training or experience in one or more of the following disciplines: (1) history; (2) archaeology; and (3) architectural history. The mediation task force is not subject to the conditions of section 15.059. This subdivision does not apply to section 138.662, subdivision 24, and section 138.664, subdivisions 8 and 111.

Subd. 3.Notice to State Historic Preservation Office of land acquisition.

If the state or a governmental subdivision acquires any of the property in section 138.664, it is the duty of the officer in charge of the acquisition to notify in writing, as promptly as possible, the State Historic Preservation Office of the acquisition.

Subd. 4.Protection of natural flow.

Neither the state, nor a unit of metropolitan government, nor a political subdivision of the state may take any action that may diminish the flow of water to or from Camp Coldwater Springs. All projects must be reviewed under the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act with regard to the flow of water to or from Camp Coldwater Springs.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2001–2025 · leading case: State Ex Rel. Fort Snelling State Park Ass'n v. Minneapolis Park & Rec. Bd., 673 N.W.2d 169 (Minn. Ct. App. 2003).
State Ex Rel. Fort Snelling State Park Ass'n v. Minneapolis Park & Rec. Bd., 673 N.W.2d 169 (Minn. Ct. App. 2003). · cites it 4× “Because the proposed youth athletic center included land owned by the DNR and included on the state and national registers of historic properties, the plan was subject to review by the MHS under the Minnesota Historic Sites Act, Minn. Stat. § 138.665 . The DNR was also required…”
Skyline Pres. Found. v. Cnty. of Polk, 621 N.W.2d 727 (Minn. 2001). · cites it 2× “Minn.Stat. § 138.665 (2000) (providing that state departments, agencies, and political subdivisions have a responsibility to protect listed properties and that state departments and agencies are required, before licensing an undertaking that will affect listed properties, to…”
Record of Decision for the Hamline Midway Library EAW (Minn. Ct. App. 2024). · cites it 8× “Even though SHPO has ongoing responsibilities under Minn. Stat. § 138.665 (2022 & Supp. 2023) regarding historic properties generally, the extent of its statutory authority to influence projects that will impact an NRHP-listed property is limited to its consultation and 7…”
In re Cottonwood Cnty.’s Decision on the Need for an Env't Impact Statement for the Proposed Sioux Rock Quarry ... (Minn. Ct. App. 2025). · cites it 4× “” 5 Minn. Stat. § 138.665 , subd. 2. The MDA asserts that “SHPO is the only entity with authority to enforce the consultation requirement” and that it has suffered a cognizable injury because the county has not fulfilled its consultation obligation.”
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