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SF 2138

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/18/2021 08:34am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; repealing the prohibition on obstructing highways;
amending Minnesota Statutes 2020, sections 160.2715; 609.74.

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

Section 1.

Minnesota Statutes 2020, section 160.2715, is amended to read:


160.2715 RIGHT-OF-WAY USE; MISDEMEANORS.

(a) Except for the actions of the road authorities, their agents, employees, contractors,
and utilities in carrying out their duties imposed by law or contract, and except as herein
provided, it shall be unlawful to:

(1) obstruct any highway deleted text begin or depositdeleted text end new text begin by depositingnew text end snow or ice deleted text begin thereondeleted text end new text begin on itnew text end ;

(2) plow or perform any other detrimental operation within the road right-of-way except
in the preparation of the land for planting permanent vegetative cover or as authorized under
section 160.232;

(3) erect a fence on the right-of-way of a trunk highway, county state-aid highway,
county highway, or town road, except to erect a lane fence to the ends of a livestock pass;

(4) erect or reconstruct driveway headwalls in or on the right-of-way of a highway or
road, except as may be allowed by permit from the road authority imposing reasonable
regulations as are necessary to prevent interference with the construction, maintenance, and
safe use of the highway or road and its appurtenances;

(5) dig any holes in any highway, except to locate markers placed to identify sectional
corner positions and private boundary corners;

(6) remove any earth, gravel, or rock from any highway;

(7) obstruct any ditch draining any highway or drain any noisome materials into any
ditch;

(8) place or maintain any building or structure within the limits of any highway;

(9) place or maintain any advertisement within the limits of any highway, except as
provided in section 160.27, subdivision 7;

(10) paint, print, place, or affix any advertisement or any object within the limits of any
highway, except as provided in section 160.27, subdivision 7;

(11) deface, mar, damage, or tamper with any structure, work, material, equipment,
tools, signs, markers, signals, paving, guardrails, drains, or any other highway appurtenance
on or along any highway;

(12) remove, injure, displace, or destroy right-of-way markers, or reference or witness
monuments, or markers placed to preserve section or quarter-section corners;

(13) improperly place or fail to place warning signs and detour signs as provided by
law;

(14) drive over, through, or around any barricade, fence, or obstruction erected for the
purpose of preventing traffic from passing over a portion of a highway closed to public
travel or to remove, deface, or damage any such barricade, fence, or obstruction.

(b) Any violation of this section is a misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to acts committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 609.74, is amended to read:


609.74 PUBLIC NUISANCE.

Whoever by an act or failure to perform a legal duty intentionally does any of the
following is guilty of maintaining a public nuisance, which is a misdemeanor:

(1) maintains or permits a condition which unreasonably annoys, injures or endangers
the safety, health, morals, comfort, or repose of any considerable number of members of
the public; or

(2) interferes with, obstructs, or renders dangerous for passage, any deleted text begin public highway or
right-of-way, or
deleted text end waters used by the public; or

(3) is guilty of any other act or omission declared by law to be a public nuisance and for
which no sentence is specifically provided.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to acts committed on or after that date.
new text end