HF 2169

as introduced - 90th Legislature (2017 - 2018) Posted on 03/06/2017 01:25pm

A bill for an act
relating to transportation; modifying requirements for a permit to mow a
right-of-way; requiring a report; amending Minnesota Statutes 2016, section
160.232.

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

Section 1.

Minnesota Statutes 2016, section 160.232, is amended to read:

160.232 MOWING DITCHES OUTSIDE CITIES.

(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 allowed in this section and section 160.23.

(b) On any highway, the first deleted text begin eight deleted text end new text begin 12 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 after July 31. From August 31 to the following
July 31, the entire right-of-way may only 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 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.

(e) 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.

(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.

(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.

Sec. 2. new text begin PERMIT TO MOW OR HAY.
new text end

new text begin The commissioner of transportation must not adopt or enforce requirements that differ
from those in effect on June 1, 2016, for a permit to mow or hay a right-of-way under the
control of the commissioner unless the new permit requirements include or reflect at least
the following:
new text end

new text begin (1) ease of application comparable to a burning permit issued by the commissioner of
natural resources;
new text end

new text begin (2) acknowledgment that the state owns the right-of-way property;
new text end

new text begin (3) priority given to the owner or occupant of private land adjacent to a right-of-way;
new text end

new text begin (4) the date restrictions in Minnesota Statutes, section 160.232, with exceptions provided
as necessary to effectively control or eradicate noxious weeds;
new text end

new text begin (5) recognition of differences in the abundance of wildlife habitat north and south of
U.S. Highway 10; and
new text end

new text begin (6) input from stakeholders.
new text end