Minnesota Legislature
HF 3150
as introduced - 90th Legislature (2017 - 2018) Posted on 03/06/2018 09:12am
Current Version - as introduced
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A bill for an act
relating to transportation; modifying provisions governing mowing highway and
road rights-of-way; providing penalties; amending Minnesota Statutes 2016,
sections 160.23; 160.232; 160.2715; proposing coding for new law in Minnesota
Statutes, chapter 160.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 160.23, is amended to read:
160.23 DESTRUCTION OF NOXIOUS WEEDS.
new text begin (a) new text end Road authorities, includingnew text begin the commissioner of transportation andnew text end road authorities
of cities deleted text begin shall causedeleted text end new text begin , must cut down, eradicate, or otherwise destroynew text end all noxious weeds on
deleted text begin their respectivedeleted text end new text begin or within new text end highways deleted text begin anddeleted text end new text begin ,new text end streets deleted text begin to be cut down or otherwise destroyed or
eradicateddeleted text end new text begin , and ditches under the road authority or commissioner's jurisdiction. The cutting,
eradication, or destruction must occurnew text end as often as deleted text begin may bedeleted text end new text begin isnew text end necessary to prevent the ripening
or scattering of seed and other propagating parts of deleted text begin suchdeleted text end new text begin the noxious new text end weeds.
new text begin
(b) A road authority that fails to perform the duty under paragraph (a) is subject to a fine
of $....... Proceeds from fines collected under this paragraph must be deposited in the trunk
highway fund.
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
Sec. 2.
Minnesota Statutes 2016, section 160.232, is amended to read:
160.232 MOWING DITCHES OUTSIDE CITIESnew text begin ; ROAD AUTHORITIESnew text end .
(a) 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 deleted text begin alloweddeleted text end new text begin providednew text end in this section and new text begin required under
new text end section 160.23.
(b) On any highway, the first eight feet away from the road surface, or shoulder if one
exists, may be mowed at any time.
(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 deleted text begin may onlydeleted text end new text begin mustnew text end be mowed if necessary for safety reasons,
but may not be mowed to a height of less than 12 inches.
(d) A right-of-way deleted text begin maydeleted text end new text begin mustnew text end be mowed as necessary to maintain sight distance for safety
and may be mowed at other times deleted text begin under rules of the commissioner, ordeleted text end new text begin as providednew text end by
ordinance of a local road authority deleted text begin not conflicting with the rules of the commissionerdeleted text end .
new text begin
(e) Any bales or other obstructions created as a result of mowing the right-of-way must
be removed within ten days of the creation of the bale or obstruction.
new text end
deleted text begin (e)deleted text end new text begin (f)new text end A right-of-way may be mowed, burned, or tilled 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 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 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 cooperate with the commissioner
of transportation to provide enhanced roadside habitat for nesting birds and other small
wildlife.
new text begin
(i) A road authority that fails to (1) mow for safety reasons under paragraph (c) or (d),
or (2) remove bales or other obstructions under paragraph (e), is subject to the penalty under
section 160.23, paragraph (b).
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
Sec. 3.
new text begin
[160.233] MOWING DITCHES OUTSIDE CITIES; ADJACENT
LANDOWNERS.
new text end
new text begin
(a) Notwithstanding section 160.2715, a landowner or authorized occupant is authorized
to mow or hay a right-of-way controlled by the commissioner or a road authority provided
the right-of-way abuts or is adjacent to the landowner's or authorized occupant's property.
The landowner or authorized occupant may mow or hay the entire width of the right-of-way
and is not subject to the temporal limitations provided under section 160.232, paragraph
(c).
new text end
new text begin
(b) The commissioner and road authorities are prohibited from requiring a permit to
mow or hay a right-of-way under this section.
new text end
new text begin
(c) At the request of the abutting or adjacent landowner or authorized occupant, the
commissioner or road authority having jurisdiction over the right-of-way must provide the
landowner or authorized occupant with reasonable assistance to mow or hay the right-of-way.
new text end
new text begin
(d) The authority to mow or hay a right-of-way under this section and section 160.232
is subject to the following hierarchy:
new text end
new text begin
(1) the landowner or authorized occupant of the abutting property;
new text end
new text begin
(2) the landowner or authorized occupant of an adjacent property; and
new text end
new text begin
(3) the road authority.
new text end
new text begin
(e) Any bales or other obstructions created as a result of mowing the right-of-way must
be removed within ten days of the creation of the bale or obstruction.
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
Sec. 4.
Minnesota Statutes 2016, section 160.2715, is amended to read:
160.2715 RIGHT-OF-WAY USE; MISDEMEANORS.
(a) Except for the actions of the road authorities, their agents, employees, contractors,
and utilities in carrying out their duties imposed by law or contract, and except as herein
provided, it shall be unlawful to:
(1) obstruct any highway or deposit snow or ice thereon;
(2) plow or perform any other detrimental operation within the road right-of-waynew text begin ,new text end except
deleted text begin in the preparation of the land for planting permanent vegetative cover ordeleted text end as authorizednew text begin or
requirednew text end under deleted text begin sectiondeleted text end new text begin sections 160.23,new text end 160.232new text begin , and 160.233new text end ;
(3) erect a fence on the right-of-way of a trunk highway, county state-aid highway,
county highway, or town road, except to erect a lane fence to the ends of a livestock pass;
(4) erect or reconstruct driveway headwalls in or on the right-of-way of a highway or
road, except as may be allowed by permit from the road authority imposing reasonable
regulations as are necessary to prevent interference with the construction, maintenance, and
safe use of the highway or road and its appurtenances;
(5) dig any holes in any highway, except to locate markers placed to identify sectional
corner positions and private boundary corners;
(6) remove any earth, gravel, or rock from any highway;
(7) obstruct any ditch draining any highway or drain any noisome materials into any
ditch;
(8) place or maintain any building or structure within the limits of any highway;
(9) place or maintain any advertisement within the limits of any highway, except as
provided in section 160.27, subdivision 7;
(10) paint, print, place, or affix any advertisement or any object within the limits of any
highway, except as provided in section 160.27, subdivision 7;
(11) deface, mar, damage, or tamper with any structure, work, material, equipment,
tools, signs, markers, signals, paving, guardrails, drains, or any other highway appurtenance
on or along any highway;
(12) remove, injure, displace, or destroy right-of-way markers, or reference or witness
monuments, or markers placed to preserve section or quarter-section corners;
(13) improperly place or fail to place warning signs and detour signs as provided by
law;
(14) drive over, through, or around any barricade, fence, or obstruction erected for the
purpose of preventing traffic from passing over a portion of a highway closed to public
travel or to remove, deface, or damage any such barricade, fence, or obstruction.
(b) Any violation of this section is a misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to violations committed on or after that date.
new text end