SF 3368

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/10/2016 01:13pm

A bill for an act
relating to transportation; modifying permit requirements for temporary use
of certain rights-of-way; amending Minnesota Statutes 2014, section 160.27,
by adding subdivisions; Minnesota Statutes 2015 Supplement, section 160.27,
subdivision 10.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 160.27, subdivision 10,
is amended to read:

Subd. 10.

new text begin Department of Transportation new text end temporary permit for new text begin certain new text end field
application.

(a) In connection with the use of deleted text begin the deleted text end road right-of-way deleted text begin of a road authority deleted text end new text begin
controlled by the commissioner new text end , excluding on controlled-access highways under section
160.08, a property owner or occupant of property abutting the road right-of-way may
apply for a permit for temporary placement, for up to 14 days, of a pressurized flexible
force main for the transport of manure for field application.

(b) The property owner or occupant must:

(1) identify the entire length of the right-of-way for use under the permit;

(2) place the force main within the backslope of the deleted text begin road authority's deleted text end right-of-way
where possible;

(3) place pumping equipment outside new text begin of new text end the deleted text begin road authority's deleted text end right-of-way; and

(4) meet all of the permit requirements identified by the deleted text begin road authority deleted text end new text begin commissioner new text end .

(c) Once the deleted text begin road authority deleted text end new text begin commissioner new text end has issued a permit, the property owner or
occupant may deleted text begin install deleted text end new text begin place new text end the force main over the length of the right-of-way from the
permittee's property to where the manure will be applied, irrespective of whether the
permittee is the owner or occupant of all property abutting the portion of the right-of-way
where the force main is to be deleted text begin installed deleted text end new text begin placed new text end .

Sec. 2.

Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Local road authority temporary permit for certain field application.
new text end

new text begin A local road authority that has implemented a permitting system shall issue a permit to
an applicant who:
new text end

new text begin (1) seeks to transport manure for field application by means of a pressurized flexible
force main placed in the right-of-way of a road that is not a controlled-access highway
under section 160.08, but is under the control of the local authority;
new text end

new text begin (2) provides a minimum of one day's notice to the local authority of the intended
placement of the force main;
new text end

new text begin (3) holds a valid commercial animal waste technician applicator license under
section 18C.430; and
new text end

new text begin (4) ensures, to the road authority's satisfaction, that the project will not unreasonably
interfere with maintenance activities authorized by the road authority or with a property
owner's or occupant's access to private property.
new text end

Sec. 3.

Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin General authority for certain field application. new text end

new text begin (a) When the local road
authority has not implemented a permitting system, an owner or occupant of property may
temporarily place, on the right-of-way of a county highway, county state-aid highway,
or town road a pressurized flexible force main for the transport of manure for field
application, if the following requirements are met:
new text end

new text begin (1) the road is not a controlled-access highway under section 160.08;
new text end

new text begin (2) the force main remains in place for no more than 21 days;
new text end

new text begin (3) the force main is placed within the backslope of the road right-of-way where
possible, and is not placed on the roadway, as defined in section 169.011, subdivision 68;
new text end

new text begin (4) pumping equipment is placed outside the road right-of-way;
new text end

new text begin (5) the property owner or occupant provides oral or written notice to the appropriate
county or town at least one business day prior to placement of the force main in the
right-of-way;
new text end

new text begin (6) the project does not unreasonably interfere with maintenance activities authorized
by the road authority or with a property owner's or occupant's access to private property; and
new text end

new text begin (7) field application is performed by the holder of a valid commercial animal waste
technician applicator license under section 18C.430.
new text end

new text begin (b) Notice under paragraph (a), clause (5), must include the starting and estimated
ending dates of field application, a basic description of the entire length of the right-of-way
being used, and the name of the business or commercial animal waste technician applicator
license holder performing field application.
new text end

new text begin (c) A property owner or occupant who meets the requirements under paragraphs (a)
and (b) may place the force main over the length of the right-of-way from the property
owner's or occupant's property to where the manure will be applied, irrespective of
whether the person is the owner or occupant of all property abutting the portion of the
right-of-way where the force main is to be placed.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment.
new text end