HF 3723

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/12/2016 02:20pm

A bill for an act
relating to transportation; modifying requirements for temporary use of certain
rights-of-way; amending Minnesota Statutes 2014, section 160.27, by adding a
subdivision; Minnesota Statutes 2015 Supplement, section 160.27, subdivision
10.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2015 Supplement, section 160.27, subdivision 10,
is amended to read:

Subd. 10.

Temporary permit for new text begin certain new text end field application.

(a) In connection with
the use of deleted text begin the deleted text end road right-of-way deleted text begin of a road authority deleted text end new text begin controlled by the commissioner new text end ,
excluding on controlled-access highways under section 160.08, a property owner or
occupant of property abutting the road right-of-way may apply for a permit for temporary
placement, for up to 14 days, of a pressurized flexible force main for the transport of
manure for field application.

(b) The property owner or occupant must:

(1) identify the entire length of the right-of-way for use under the permit;

(2) place the force main within the backslope of the deleted text begin road authority's deleted text end right-of-way
where possible;

(3) place pumping equipment outside new text begin of new text end the deleted text begin road authority's deleted text end right-of-way; and

(4) meet all of the permit requirements identified by the deleted text begin road authority deleted text end new text begin commissioner new text end .

(c) Once the deleted text begin road authority deleted text end new text begin commissioner new text end has issued a permit, the property owner or
occupant may deleted text begin install deleted text end new text begin place new text end the force main over the length of the right-of-way from the
permittee's property to where the manure will be applied, irrespective of whether the
permittee is the owner or occupant of all property abutting the portion of the right-of-way
where the force main is to be deleted text begin installed deleted text end new text begin placed new text end .

Sec. 2.

Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin General authority for certain field application. new text end

new text begin (a) A property owner or
occupant of property may, with respect to a county highway, including a county state-aid
highway, or town road, temporarily place a pressurized flexible force main for the
transport of manure for field application if the following requirements are met:
new text end

new text begin (1) the road is not a controlled-access highway under section 160.08;
new text end

new text begin (2) the force main remains in place for no more than 21 days;
new text end

new text begin (3) the force main is placed within the backslope of the road right-of-way where
possible, and is not placed on the roadway, as defined in section 169.011, subdivision 68;
new text end

new text begin (4) pumping equipment is placed outside the road right-of-way;
new text end

new text begin (5) the property owner or occupant notifies, whether verbally or in writing, the
appropriate county or town at least one business day prior to placement of the force main
in the right-of-way; and
new text end

new text begin (6) field application is performed by the holder of a valid commercial animal waste
technician applicator license under section 18C.430.
new text end

new text begin (b) A notification under paragraph (a), clause (5), must include the starting and
estimated ending dates of field application, a basic description of the entire length of
the right-of-way being used, and the name of the business or commercial animal waste
technician applicator license holder performing field application.
new text end

new text begin (c) A property owner or occupant who meets the requirements under paragraphs (a)
and (b) may place the force main over the length of the right-of-way from that property
owner's or occupant's property to where the manure will be applied, irrespective of
whether the person is the owner or occupant of all property abutting the portion of the
right-of-way where the force main is to be placed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end