HF 2885

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2016 03:29pm

A bill for an act
relating to natural resources; modifying restrictions on mowing ditches;
providing civil penalties; amending Minnesota Statutes 2014, section 160.232.

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

Section 1.

Minnesota Statutes 2014, section 160.232, is amended to read:

160.232 MOWING DITCHES OUTSIDE CITIES.

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

new text begin (b) A person or road authority must obtain a permit from the commissioner of
transportation to mow, hay, burn, or till on a trunk highway right-of-way.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end On any new text begin road or new text end highway, new text begin a road authority or a person acting on behalf of a
road authority may at any time mow, hay, burn, or till new text end the first deleted text begin eight deleted text end new text begin 15 new text end feet new text begin or a single pass
of mowing equipment, whichever width is less, new text end away from the road surface, or shoulder
if one exists deleted text begin , may be mowed at any time deleted text end .

deleted text begin (c) deleted text end new text begin (d) A person or road authority may mow, hay, burn, or till new text end an entire right-of-way
deleted text begin 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 new text begin from August 1 to March 31 new text end .

deleted text begin (d) A right-of-way may be mowed as necessary to maintain sight distance for safety
and may be mowed at other times under rules of the commissioner, or by ordinance of a
local road authority not conflicting with the rules of the commissioner.
deleted text end

new text begin (e) From April 1 to July 31, a road authority or person acting on behalf of a road
authority may mow, hay, burn, or till the road or highway right-of-way outside of that
portion described in paragraph (c) only if necessary for transportation purposes such as
safety, construction, maintenance, survey, or as otherwise allowed under this section
and section 160.23.
new text end

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

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

deleted text begin (g) deleted text end new text begin (h) new text end The commissioner of natural resources shall deleted text begin cooperate deleted text end new text begin coordinate new text end with the
commissioner of transportation new text begin and local road authorities new text end to provide enhanced roadside
habitat for nesting birds new text begin , honeybees and native pollinators, new text end and other small wildlife.

new text begin (i) Notwithstanding paragraphs (a) to (h), the following areas within a road or
highway right-of-way may be maintained as lawns and mowed at any time:
new text end

new text begin (1) areas within 50 feet on either side of a driveway access serving an inhabited
dwelling or a commercial business; and
new text end

new text begin (2) areas within rest areas, weigh stations, historical and geological markers, and
parks.
new text end

new text begin (j) A person who violates paragraph (a) or the terms of a permit issued under
paragraph (b) is guilty of a petty misdemeanor. Peace officers, as defined in section
626.84, subdivision 1, paragraph (c), may enforce this section. The road authority may
also seek recovery of damages under section 548.05.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraphs (a) to (i) are effective the day following final
enactment. Paragraph (j) is effective August 1, 2017.
new text end