HF 1598

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/29/2016 12:29pm

A bill for an act
relating to transportation; modifying right-of-way mowing restrictions; providing
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 deleted text begin OUTSIDE CITIES deleted text end .

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

(b) On any highway, new text begin up to new text end the first deleted text begin eight deleted text end new text begin 15 new text end 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 deleted text begin after July deleted text end new text begin from August 1 to December new text end
31. From deleted text begin August 31 deleted text end new text begin January 1 new text end to deleted text begin the following deleted text end July 31, deleted text begin the entire right-of-way deleted text end new text begin additional
areas new text end may only be mowed if necessary for safety new text begin , research, or construction new text end reasons deleted text begin , but
may not be mowed to a height of less than 12 inches deleted text end . new text begin A haying permit is required on all
federal and state highways.
new text end

(d) A right-of-way may be deleted text begin 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 spot-mowed or
precision-hayed for treatment of noxious weeds or invasive plant species, incorporating
best management practices for long-term control new text end .

(e) new text begin Residences and other areas traditionally maintained as lawns may be mowed, but
landowners are encouraged to delay mowing the right-of-way until after nesting season.
new 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 to prepare deleted text begin the right-of-way deleted text end
for the establishment of permanent vegetative cover or for prairie vegetation management.

new text begin (g) Roadsides adjacent to state wildlife management areas may not be mowed or
hayed by persons other than road authorities unless permission to mow or hay the roadside
is obtained from the commissioner of natural resources.
new text end

new text begin (h) Private land owners and public land owners may request that roadsides on their
property not be mowed for the purpose of providing roadside habitat for wildlife or
pollinators. The request must be made in writing to the appropriate road authority and
shall include the legal description of the property.
new text end

new text begin (i) Local road authorities with roadside jurisdiction may create more restrictive
mowing, haying, or tilling ordinances on roads under their jurisdiction.
new text end

deleted text begin (f) deleted text end new text begin (j) 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 (k) 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 , native pollinators, new text end and other small wildlife.

new text begin (l) The penalty for a violation of this section is a petty misdemeanor and a civil
penalty equal to the value of the vegetation taken as determined by the road authority.
Penalties collected under this section must be deposited in an account maintained by the
road authority with jurisdiction over the roadside impacted by the violation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraphs (a) to (k) are effective August 1, 2016. Paragraph
(l) is effective August 1, 2017, and applies to violations committed on or after that date.
new text end