Minnesota Legislature
SF 1852
as introduced - 89th Legislature (2015 - 2016) Posted on 08/24/2015 10:28am
Current Version - as introduced
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A bill for an act
relating to transportation; modifying right-of-way mowing restrictions; providing
criminal 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 CITIESdeleted 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 mownew 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 citydeleted text end except as allowed in this section
and section 160.23.
(b) On any highway, the first eight 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 Julydeleted text end new text begin from August 1 to Decembernew text end 31.
From deleted text begin August 31deleted text end new text begin January 1new text end to deleted text begin the followingdeleted text end July 31, deleted text begin the entire right-of-waydeleted text end new text begin additional areasnew text end
may only be mowed if necessary for safety reasons, but may not be mowed to a height of
less than deleted text begin 12deleted text end new text begin eightnew text end inches.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 commissionerdeleted 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 controlnew 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-waydeleted 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 cooperatedeleted text end new text begin coordinatenew text end with the
commissioner of transportation new text begin and local road authorities new text end to provide enhanced roadside
habitat for nesting birdsnew text begin , native pollinators,new text end and other small wildlife.
new text begin
(l) Licensed peace officers may enforce this section. The penalty for a violation of
this section is a 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