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HF 3983

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 02:05pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to transportation; regulating highway right-of-way mowing practices;
providing for pollinator habitat management; amending Minnesota Statutes 2020,
sections 160.23; 160.232.

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

Section 1.

Minnesota Statutes 2020, section 160.23, is amended to read:


160.23 DESTRUCTION OF NOXIOUS WEEDS.

Road authoritiesdeleted text begin , including road authorities of cities shall causedeleted text end new text begin must cut down, eradicate,
or otherwise destroy
new text end all noxious weeds on deleted text begin their respective highways and streets to be cut
down or otherwise destroyed or eradicated
deleted text end new text begin highway and street rights-of-way owned or
controlled by the road authority. The cutting, eradication, or destruction must occur
new 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 noxiousnew text end weeds.new text begin When destroying noxious weeds within a right-of-way,
the road authority must use integrated roadside vegetation management, as defined in section
160.232, and the most effective integrated pest management methods that are minimally
disruptive to pollinators. If noxious weed conditions do not justify full treatment of the
entire right-of-way, spot treatment must be used.
new text end

Sec. 2.

Minnesota Statutes 2020, section 160.232, is amended to read:


160.232 MOWING DITCHES deleted text begin OUTSIDE CITIESdeleted text end new text begin ; POLLINATOR
MANAGEMENT
new text end .

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Integrated roadside vegetation management" means an approach to right-of-way
maintenance that combines a variety of techniques based on sound ecological principles,
which establish and maintain safe, healthy, and functional roadsides. Integrated roadside
vegetation management includes but is not limited to judicious use of herbicides, spot
mowing, biological control, prescribed burning, mechanical tree and brush removal, erosion
prevention and treatment, and prevention and treatment of other right-of-way disturbances.
new text end

new text begin (c) "Pollinator" has the meaning given in section 18B.01, subdivision 20a.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin (a) The commissioner must comply with the provisions of this
section with respect to trunk highways and other roadway rights-of-way owned or controlled
by the Department of Transportation.
new text end

new text begin (b) Other road authorities, including counties, municipalities, and other local government
units, may and are encouraged to comply with the provisions of this section with respect to
roadway rights-of-way owned or controlled by the road authority.
new text end

new text begin Subd. 3. new text end

new text begin Integrated roadside vegetation management practices. new text end

new text begin (a) Integrated roadside
vegetation management must include best management practices for pollinators, nesting
birds, and other small wildlife. The commissioner must collaborate with the commissioners
of natural resources and agriculture and other regional public organizations as may be
necessary while developing and implementing the best management practices.
new text end

new text begin (b) When prescribed burning is used, no more than 25 percent of each right-of-way mile
may be burned each year in order to protect the insect and pollinator reservoir.
new text end

new text begin Subd. 4. new text end

new text begin Right-of-way mowing; maintenance. new text end

(a) To provide enhanced roadside habitat
fornew text begin pollinators,new text end nesting birdsnew text begin ,new text end and other small wildlife, new text begin a new text end road deleted text begin authorities may not mow or
till
deleted text end new text begin authority is prohibited from mowing, burning, tilling, or hayingnew text end the right-of-way of a
highway located outside of a home rule charter or statutory city except as deleted text begin allowed indeleted text end new text begin provided
by
new text end this section and section 160.23.

(b) On any highway, deleted text begin the first eight feetdeleted text end new text begin an area equal to the width of the mowing
equipment
new text end away from the road surface, or shoulder if one exists, may be mowed deleted text begin at any timedeleted text end new text begin
as necessary for use as a safety zone for vehicles to stop on the roadway or to maintain sight
distance for safety
new text end .

(c) new text begin One side of new text end an entire right-of-way may be mowed deleted text begin after July 31. From August 31 to
the following July 31, the entire right-of-way may only be mowed
deleted text end new text begin once per year before
May 15 or after September 15. Mowing at other times is allowed
new text end ifnew text begin the road authority
demonstrates that doing so is
new text end necessary for safety new text begin or new text end reasonsdeleted text begin , but may not be mowed to a
height of less than 12 inches
deleted text end new text begin justified in the integrated roadside vegetation management
plan
new text end .new text begin The road authority must not mow both sides of an entire right-of-way during the same
calendar year unless allowed by an integrated roadside vegetation management plan.
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

deleted text begin (e)deleted text end new text begin (d)new text end A right-of-way may be mowed, burned, deleted text begin ordeleted text end tillednew text begin , or hayednew text end to prepare the
right-of-way for the establishment ofnew text begin , or to maintain,new text end permanent vegetative cover or for
prairie vegetation managementnew text begin as provided in the integrated roadside vegetation management
plan
new text end .

deleted text begin (f) 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 end

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

new text begin Subd. 5. new text end

new text begin Pollinator habitat management practices and mapping required. new text end

new text begin (a) The
commissioner must collaborate with the commissioners of agriculture and natural resources
and other regional public organizations as may be necessary to establish integrated roadside
vegetation management best practices for all trunk highway rights-of-way in Minnesota.
Practices must include the establishment of native plantings and designated wildflower
highways where mowing, tilling, burning, or haying is prohibited.
new text end

new text begin (b) The commissioners of agriculture and natural resources must collaborate with the
commissioner of transportation to provide enhanced roadside habitat for pollinators, nesting
birds, and other small wildlife.
new text end

new text begin (c) Road authorities must use integrated roadside vegetation management, which includes
but is not limited to utilizing low maintenance, native vegetation that reduces the need to
mow, provides wildlife habitat, and maintains public safety.
new text end

new text begin (d) The commissioner of transportation must make available on a public website
management plans and maps indicating the locations of the plans within the right-of-way
of all trunk highways.
new text end

new text begin Subd. 6. new text end

new text begin Pollinator habitat management performance plan. new text end

new text begin (a) The commissioner
must develop and implement a performance-based pollinator habitat management plan for
the trunk highway system to improve the condition of existing pollinator habitat and enhance
the effectiveness of integrated roadside vegetation management and pollinator habitat best
management. The performance plan must include strategies to achieve pollinator habitat
best management within all trunk highway rights-of-way.
new text end

new text begin (b) At a minimum, the performance plan must:
new text end

new text begin (1) measure, enhance, and restore acres of trunk highway rights-of-way as prairie lands,
wetlands, and recreational lands such as parks, trails, and open space;
new text end

new text begin (2) measure and reduce pesticides and other chemicals applied within trunk highway
rights-of-way;
new text end

new text begin (3) measure and reduce greenhouse gases produced by the Department of Transportation
mowing within trunk highway rights-of-way;
new text end

new text begin (4) measure and reduce energy consumption due to the Department of Transportation
mowing within trunk highway rights-of-way;
new text end

new text begin (5) measure and reduce financial penalties and settlements paid due to environmental
damage, worker safety violations, and worker health violations due to mowing; and
new text end

new text begin (6) measure and reduce the number of instances of environmental damage, worker safety
violations, and worker health violations due to mowing.
new text end

new text begin (c) The commissioner must include performance measures and annual performance
targets to be achieved by each district of the department for each measure in paragraph (b).
Additional predictive and consequential performance measures and annual performance
targets must be identified in collaboration with the public.
new text end

new text begin (d) Annually by December 15, the commissioner must submit the performance plan,
including information detailing the department's progress on implementing the plan and an
annual investment plan for each district of the department, to the chairs and ranking minority
members of the legislative committees having jurisdiction over transportation policy and
finance. The plan must be signed by the department's chief engineer.
new text end