SF 218

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 04/19/2017 08:47am

A bill for an act
relating to transportation; governing mowing and haying in trunk highway
right-of-way; establishing a temporary moratorium and requiring a recommendation
to the legislature.

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

Section 1. new text begin TRUNK HIGHWAY MOWING OR HAYING.
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new text begin Subdivision 1. new text end

new text begin Permits moratorium. new text end

new text begin (a) Except as provided in paragraph (b), the
commissioner of transportation must implement a moratorium until April 30, 2018, on
enforcing permits under Minnesota Statutes, sections 160.232 and 160.2715, or any other
Minnesota statute or administrative rule, to mow or bale hay in right-of-way of a trunk
highway.
new text end

new text begin (b) This subdivision applies regardless of date of any permit issuance. This subdivision
does not apply to right-of-way in which adjacent land is under the jurisdiction of the state
or a political subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Recommendation to legislature. new text end

new text begin (a) No later than March 1, 2018, the
commissioner of transportation must recommend to the legislative committees with
jurisdiction over transportation, agriculture, and natural resources establishment of a permit
or notification system to mow or hay in trunk highway right-of-way. The recommendation
must be developed with input from agriculture and environmental groups.
new text end

new text begin (b) The recommendation must contain at least the following elements:
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new text begin (1) ease of permit application or notification;
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new text begin (2) frequency of permits or notifications;
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new text begin (3) priority given to the owner or occupant of private land adjacent to a trunk highway
right-of-way;
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new text begin (4) determination of authority to mow or hay trunk highway right-of-way in which
adjacent land is under the jurisdiction of the state or a political subdivision; and
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new text begin (5) recognition of differences in the abundance of wildlife habitat based on geographic
distribution throughout the state.
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new text begin EFFECTIVE DATE. new text end

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