SF 3368

1st Unofficial Engrossment - 89th Legislature (2015 - 2016) Posted on 05/17/2016 07:29am

1.1A bill for an act

1.2relating to transportation; modifying requirements for temporary use of certain
1.3rights-of-way; amending Minnesota Statutes 2014, section 160.27, by adding
1.4subdivisions; Minnesota Statutes 2015 Supplement, section 160.27, subdivision
1.510.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2015 Supplement, section 160.27, subdivision 10,
1.8is amended to read:
1.9    Subd. 10. Department of Transportation temporary permit for field application.
1.10(a) In connection with the use of the road right-of-way of a road authority controlled by
1.11the commissioner, excluding on controlled-access highways under section 160.08, a
1.12property owner or occupant of property abutting the road right-of-way may apply for a
1.13permit for temporary placement, for up to 14 days, of a pressurized flexible force main for
1.14the transport of manure for field application.
1.15(b) The property owner or occupant must:
1.16(1) identify the entire length of the right-of-way for use under the permit;
1.17(2) place the force main within the backslope of the road authority's right-of-way
1.18where possible;
1.19(3) place pumping equipment outside of the road authority's right-of-way; and
1.20(4) meet all of the permit requirements identified by the road authority commissioner.
1.21(c) Once the road authority commissioner has issued a permit, the property owner or
1.22occupant may install place the force main over the length of the right-of-way from the
1.23permittee's property to where the manure will be applied, irrespective of whether the
1.24permittee is the owner or occupant of all property abutting the portion of the right-of-way
1.25where the force main is to be installed placed.
2.1EFFECTIVE DATE.This section is effective the day following final enactment.

2.2    Sec. 2. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
2.3to read:
2.4    Subd. 11. General authority for certain field application. (a) A property owner or
2.5occupant of property may, with respect to a county highway, including a county state-aid
2.6highway, or town road, temporarily place a pressurized flexible force main for the
2.7transport of manure for field application if the following requirements are met:
2.8(1) the road is not a controlled-access highway under section 160.08;
2.9(2) the force main remains in place for no more than 21 days;
2.10(3) the force main is placed within the backslope of the road right-of-way where
2.11possible, and is not placed on the roadway, as defined in section 169.011, subdivision
2.1268, of a public road;
2.13(4) pumping equipment is placed outside the road right-of-way;
2.14(5) the force main placement does not unreasonably interfere with: (i) another
2.15landowner or occupant's access to the owner or occupant's property, (ii) the safe use of
2.16the right-of-way in which the force main is placed, (iii) the safe use of any driveway or
2.17private road that the force main crosses, or (iv) maintenance activities authorized by
2.18the road authority;
2.19(6) the property owner or occupant notifies, whether verbally or in writing, the
2.20appropriate county or town at least one business day prior to placement of the force main
2.21in the right-of-way; and
2.22(7) field application is performed by the holder of a valid commercial animal
2.23waste technician applicator license under section 18C.430, including proof of financial
2.24responsibility.
2.25(b) A notification under paragraph (a), clause (6), must include the starting and
2.26estimated ending dates of field application, a basic description of the entire length of the
2.27right-of-way being used, and the name, address, and phone number of the business or
2.28commercial animal waste technician applicator license holder performing field application.
2.29(c) The property owner or occupant is responsible for restoring the right-of-way to
2.30the preplacement condition, including the immediate cleanup of any spillage or leakage
2.31of manure into the right-of-way.
2.32(d) A property owner or occupant who meets the requirements under paragraphs (a)
2.33and (b) may place the force main over the length of the right-of-way from that property
2.34owner's or occupant's property to where the manure will be applied, irrespective of
3.1whether the person is the owner or occupant of all property abutting the portion of the
3.2right-of-way where the force main is to be placed.
3.3EFFECTIVE DATE.This section is effective the day following final enactment.

3.4    Sec. 3. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
3.5to read:
3.6    Subd. 12. Damage or spills; liability. A commercial animal waste technician
3.7company licensed under section 18C.430 using a pressurized flexible force main for the
3.8transport of manure for field application under subdivision 11 is liable for the costs of
3.9cleanup and repair for any spill or damage caused during the placement, use, or removal
3.10of the pressurized flexible force main.
3.11EFFECTIVE DATE.This section is effective the day following final enactment.