HF 1871

as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2015 02:59pm

A bill for an act
relating to natural resources; restricting roadside mowing on state lands; providing
civil penalties; proposing coding for new law in Minnesota Statutes, chapter 84.

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

Section 1.

new text begin [84.974] ROADSIDE MOWING; STATE LANDS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "highway" has the meaning given under section 160.02, subdivision 26; and
new text end

new text begin (2) "state land manager" means a state department or agency of government of the
state under chapter 15 that owns or controls land adjacent to a highway right-of-way.
new text end

new text begin Subd. 2. new text end

new text begin Mowing restrictions. new text end

new text begin (a) To provide enhanced roadside habitat for nesting
birds and other small wildlife, a state land manager may not mow or till, or authorize
another to mow or till, the right-of-way of a highway located adjacent to land owned or
controlled by the state land manager except as allowed in this section.
new text end

new text begin (b) A person may mow or till the right-of-way of a highway located adjacent to land
owned or controlled by a state land manager only after obtaining written permission from
the state land manager and only as allowed in this section.
new text end

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

new text begin (d) An entire right-of-way may be mowed from August 1 to August 30. From August
31 to the following July 31, the entire right-of-way may be mowed only if necessary for
safety reasons, but may not be mowed to a height of less than 12 inches.
new text end

new text begin (e) A right-of-way may be mowed as necessary to maintain sight distance for safety.
new text end

new text begin (f) A state land manager may mow, burn, or till a right-of-way to prepare the
right-of-way for establishment of permanent vegetative cover or for prairie vegetation
management.
new text end

new text begin (g) When feasible, state land managers are encouraged to use low-maintenance,
native vegetation that reduces the need to mow, provides wildlife habitat, and maintains
public safety.
new text end

new text begin Subd. 3. new text end

new text begin Penalty; enforcement. new text end

new text begin Violation of subdivision 2, paragraph (b), is a petty
misdemeanor. Subdivision 2, paragraph (b), must be enforced by conservation officers or
by designated employees under section 84.0835.
new text end