Minnesota Legislature
SF 3368
2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 05/22/2016 12:18pm
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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 field application.
(a) In connection with the use of deleted text begin thedeleted text end road right-of-way deleted text begin of a road authoritydeleted text end new text begin controlled by
the commissionernew text end , excluding on controlled-access highways under section 160.08, a
property owner or occupant of property deleted text begin abutting the road right-of-waydeleted text end 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'sdeleted text end right-of-way
where possible;
(3) place pumping equipment outside the deleted text begin road authority'sdeleted text end right-of-way; and
(4) meet all of the permit requirements identified by the deleted text begin road authoritydeleted text end new text begin commissionernew text end .
(c) Once the deleted text begin road authoritydeleted text end new text begin commissioner new text end has issued a permit, the property owner or
occupant may deleted text begin installdeleted 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 installeddeleted text end new text begin placednew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
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 may, by ordinance, establish a permitting process to authorize the
placement of force mains within that road authority's rights-of-way. A local road authority
that has implemented a permitting process shall issue a permit to any property owner or
occupant who applies for a permit to place a force main within a right-of-way subject to
the road authority's control, for the purpose of transporting manure for field application by
means of a pressurized flexible force main if:
new text end
new text begin
(1) the applicant submits a complete application at least five days prior to the day the
applicant intends to place the force main within the identified right-of-way;
new text end
new text begin
(2) the applicant identifies the intended starting and end points and the intended
path of the placement;
new text end
new text begin
(3) the identified right-of-way is not a controlled-access highway under section
160.08;
new text end
new text begin
(4) the applicant provides his or her full name, address, and phone number where the
applicant can be reached during the time the force main is placed within the right-of-way
and any other contact information where the applicant can be reached after the force main
has been removed from the right-of-way;
new text end
new text begin
(5) the applicant holds a valid commercial animal waste technician applicator license
under section 18C.430, including proof of insurance and financial responsibility;
new text end
new text begin
(6) the applicant provides the intended dates the force main will be placed in the
right-of-way;
new text end
new text begin
(7) the placement will not unreasonably interfere with maintenance activities
authorized by the road authority; and
new text end
new text begin
(8) the force main placement will not unreasonably interfere with: (i) another
landowner or occupant's access to the owner or occupant's property, (ii) the safe use of
the right-of-way in which the force main is placed, or (iii) the safe use of any road that
must be crossed by the force main.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
The section applies to permit applications submitted on or after adoption by the road
authority of a compliant permit system or 45 days after the effective date of this section,
whichever occurs first.
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
When the local road
authority has not adopted a permitting process under subdivision 11, an owner or occupant
may place a pressurized force main in a right-of-way if:
new text end
new text begin
(1) the owner or occupant provides at least five days' notice to the local road
authority of the intent to place a force main within an identified right-of-way for which
the owner or occupant identifies the intended starting and end points and the path of the
intended placement, and provides the intended starting and ending dates the force main
will be placed in the right-of-way;
new text end
new text begin
(2) the identified right-of-way is not a controlled-access highway under section
160.08;
new text end
new text begin
(3) the owner or occupant provides his or her full name, address, and phone number
where the applicant can be reached during the time the force main is placed within the
right-of-way and any other contact information where the applicant can be reached after
the force main has been removed from the right-of-way;
new text end
new text begin
(4) the owner or occupant holds a valid commercial animal waste technician
applicator license under section 18C.430, including proof of insurance and financial
responsibility;
new text end
new text begin
(5) the road authority fails within the five-day notice period to notify the owner or
occupant of the road authority's scheduled maintenance activities that would be unduly
interfered with if the placement were to occur during the maintenance activity; and
new text end
new text begin
(6) the force main placement will not unreasonably interfere with: (i) another
landowner or occupant's access to the owner or occupant's property, (ii) the safe use of
the right-of-way in which the force main is placed, or (iii) the safe use of any road that
must be crossed by the force main.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
to read:
new text begin Subd. 13. new text end
new text begin General regulations regarding certain field application. new text end
new text begin
The
following regulations shall apply when a force main is placed in a road right-of-way
under subdivision 10, 11, or 12:
new text end
new text begin
(1) unless otherwise instructed by the commissioner in the case of a right-of-way
subject to the commissioner's control, or by the applicable local road authority, the force
main shall be placed to the extent possible in the backslope of the right-of-way;
new text end
new text begin
(2) unless specifically instructed otherwise, the owner or occupant shall place all
pumping equipment outside of the right-of-way;
new text end
new text begin
(3) unless specifically authorized, the force main shall not be left in a right-of-way
subject to the commissioner's control for greater than 14 days, and no more than 21
days for a right-of-way subject to control by a local road authority. The duration that a
force main may be placed in a right-of-way may be extended by the commissioner with
regard to rights-of-way under the commissioner's control, or by the applicable local road
authority if application delays are encountered due to weather, natural disaster, or declared
public emergency;
new text end
new text begin
(4) except for roads subject to the commissioner's control, no permit or notice shall
be required under subdivision 11 or 12 if the placement of the force main is necessary to
deal with emergency pumping activities created by flooding, natural disaster, or declared
emergency. The owner or occupant shall make a good faith effort to notify the road
authority of the emergency placement and operation of a force main under this provision.
Any force main placed under the emergency conditions set forth in this provision shall
be removed within three days following the end of the flood, natural disaster response,
or declared emergency;
new text end
new text begin
(5) the commissioner or applicable local road authority may remove or have
removed, at the owner or occupant's expense, any force main remaining in a right-of-way
after the authorized number of days allowed under this section;
new text end
new text begin
(6) the owner or occupant shall be responsible for restoring the right-of-way to the
preplacement condition, including the immediate cleanup of any spillage or leakage of
manure into the right-of-way; and
new text end
new text begin
(7) a road authority may, by ordinance, restrict the number of force mains
simultaneously located in the same right-of-way.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision
to read:
new text begin Subd. 14. new text end
new text begin Causes of action against the road authority. new text end
new text begin
No city, county, or town
road authority shall be subject to any cause of action arising from or related to the
placement or operation of a pressurized flexible force main under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end