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. TRUNK HIGHWAY MOWING OR HAYING.

Subdivision 1.

Permits moratorium.

(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.

(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.

Subd. 2.

Recommendation to legislature.

(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.

(b) The recommendation must contain at least the following elements:

(1) ease of permit application or notification;

(2) frequency of permits or notifications;

(3) priority given to the owner or occupant of private land adjacent to a trunk highway
right-of-way;

(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

(5) recognition of differences in the abundance of wildlife habitat based on geographic
distribution throughout the state.

EFFECTIVE DATE.

This section is effective the day following final enactment.