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HF 4007

as introduced - 90th Legislature (2017 - 2018) Posted on 03/19/2018 03:09pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; governing certain trunk highway system mowing and
haying authority; 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.

new text begin Subdivision 1. new text end

new text begin General limitation. new text end

deleted text begin (a)deleted text end 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.

new text begin Subd. 2. new text end

new text begin Requirements; dates of mowing. new text end

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

deleted text begin (c)deleted text end new text begin (b)new text end 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.

deleted text begin (d)deleted text end new text begin (c)new text end 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.

new text begin Subd. 3. new text end

new text begin Trunk highways; limited rights. new text end

new text begin (a) The commissioner must establish
procedures to enter into agreements that provide limited rights to mow and bale hay in trunk
highway right-of-way. The procedures must not require a person to obtain a permit and
must not restrict mowing or haying except within:
new text end

new text begin (1) the right-of-way of a freeway;
new text end

new text begin (2) the project limits of a construction or maintenance project; or
new text end

new text begin (3) the portion of right-of-way that contains a weed on the eradicate list under section
18.771, paragraph (b), as identified by the commissioner by placing temporary flags or
markers that identify the restricted area and dates of the mowing or haying restriction.
new text end

new text begin (b) For segments of trunk highway right-of-way abutting privately owned land, the
commissioner must offer limited rights agreements to any requesting landowner or authorized
occupant of property that abuts or is adjacent to the trunk highway right-of-way. The
commissioner must not offer agreements to other persons. The limited rights are not
transferable and remain until change of ownership of the abutting or adjacent land.
new text end

new text begin (c) For segments of trunk highway right-of-way abutting publicly owned land, the
commissioner must offer agreements through a public auction process. The limited rights
are not transferable and remain for a period of at least ten years.
new text end

new text begin (d) Revenue received by the commissioner from a limited rights agreement under this
subdivision must be deposited in the driver and vehicle services technology account in the
special revenue fund.
new text end

new text begin Subd. 4. new text end

new text begin Management practices. new text end

deleted text begin (e)deleted text end new text begin (a)new text end 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.

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

new text begin (d) The commissioner must eradicate a weed identified under subdivision 3, paragraph
(a), clause (3), and remove the flags or markers as soon as practicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective May 1, 2018.
new text end