HF 124

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 03/06/2017 03:37pm

A bill for an act
relating to transportation; governing mowing authority and management practices
in road rights-of-way; prohibiting road authorities from establishing certain
requirements and permits that govern mowing and haying; amending Minnesota
Statutes 2016, section 160.232.

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

Section 1.

Minnesota Statutes 2016, section 160.232, is amended to read:

160.232 MOWING deleted text begin DITCHES OUTSIDE CITIES deleted text end new text begin AND HAYING new text end .

new text begin Subdivision 1. new text end

new text begin General limitation for road authorities. new text end

deleted text begin (a) deleted text end To provide enhanced
roadside habitat for nesting birds and other small wildlife, road authorities may not mow
or till the right-of-way of a highway located outside of a home rule charter or statutory city
except as allowed in this section and section 160.23.

deleted text begin (b)
deleted text end

new text begin Subd. 2. new text end

new text begin Dates of mowing. new text end

new text begin (a) new text end On any highway, the first eight feet away from the road
surface, or shoulder if one exists, may be mowed at any time.

deleted text begin (c) An entire right-of-way may be mowed after July 31. From August 31 to the following
July 31, the entire right-of-way may only be mowed if necessary for safety reasons, but
may not be mowed to a height of less than 12 inches.
deleted text end

deleted text begin (d) A right-of-way may be mowed deleted text end new text begin (b) A road authority may mow an entire right-of-way
only from August 1 to August 31, except that a right-of-way may be mowed to a height of
no less than 12 inches (1) new text end as necessary to maintain sight distance new text begin or new text end for new text begin other new text end safety deleted text begin and
may be mowed deleted text end new text begin reasons; and (2) new text end at other times under rules of the commissioner, or by
ordinance of a local road authority not conflicting with the rules of the commissioner.

new text begin (c) Nothing in paragraph (b) prevents mowing or haying by a person independent of the
commissioner under subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Trunk highways. new text end

new text begin (a) The commissioner is prohibited from (1) requiring a
person to obtain a permit in order to mow or hay trunk highway rights-of-way, and (2)
establishing limitations or requirements that govern trunk highway rights-of-way mowing
or haying.
new text end

new text begin (b) A landowner or occupant of land that is adjacent to a trunk highway right-of-way
may mow or hay the adjacent right-of-way, or may designate another person who may mow
or hay. Mowing or haying under this paragraph does not require notice to the commissioner.
new text end

new text begin (c) Notwithstanding paragraphs (a) and (b), the commissioner may restrict mowing or
haying:
new text end

new text begin (1) within the rights-of-way of a freeway;
new text end

new text begin (2) within the project limits of a construction or maintenance project; or
new text end

new text begin (3) due to an identified threat of a spread of weeds that are determined to be prohibited
noxious weeds on the eradicate list under section 18.771, paragraph (b), by placing a
temporary flag or marker that indicates the geographic area and dates of the mowing or
haying restriction.
new text end

new text begin Subd. 4. new text end

new text begin Management practices. new text end

deleted text begin (e) deleted text end new text begin (a) new text end A right-of-way may be mowed, burned, or
tilled new text begin by a road authority new text end to prepare the right-of-way for the establishment of permanent
vegetative cover or for prairie vegetation management.

deleted text begin (f) deleted text end deleted text begin When feasible, road authorities are encouraged to utilize low maintenance, native
deleted text end deleted text begin vegetation that reduces the need to mow, provides wildlife habitat, and maintains public
deleted text end deleted text begin safety.
deleted text end

deleted text begin (g) deleted text end deleted text begin The commissioner of natural resources shall cooperate with the commissioner of
deleted text end deleted text begin transportation to provide enhanced roadside habitat for nesting birds and other small wildlife.
deleted text end

new text begin (b) The commissioner, in consultation with the commissioners of agriculture and natural
resources, shall maintain vegetation in trunk highway rights-of-way that (1) is conducive
to local animal agriculture and wildlife, and (2) maintains public safety.
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