Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 179-H.F.No. 578 
           An act relating to transportation; authorizing road 
          authorities to mow or till rights-of-way of certain 
          highways by ordinance; amending Minnesota Statutes 
          1988, sections 160.232; and 160.27, subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 160.232, is 
amended to read: 
    160.232 [MOWING DITCHES OUTSIDE CITIES.] 
    Road authorities may not mow or till the right-of-way of a 
highway located outside of a home rule charter or statutory city 
except as allowed in this section and section 160.23. 
    (a) On any highway, the first eight feet away from the road 
surface, or shoulder if one exists, may be mowed at any time. 
    (b) An entire right-of-way may be mowed after July 31.  
From August 31 to the following July 31, the entire right-of-way 
may only be mowed if necessary for safety reasons, and may not 
be mowed to a height of less than 12 inches. 
    (c) A right-of-way may be mowed as necessary to maintain 
sight distance for safety and may be mowed at other times under 
rules of the commissioner, or by resolution ordinance of a local 
road authority not conflicting with the rules of the 
commissioner. 
    (d) A right-of-way may be mowed, burned, or tilled to 
prepare the right-of-way for the establishment of permanent 
vegetative cover or for prairie vegetation management.  
    Sec. 2.  Minnesota Statutes 1988, section 160.27, 
subdivision 5, is amended to read: 
    Subd. 5.  [MISDEMEANORS.] 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 or deposit snow or ice thereon; 
    (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) Dig any holes in any highway; except to locate markers 
placed to identify sectional corner positions and private 
boundary corners; 
    (5) Remove any earth, gravel or rock from any highway; 
    (6) Obstruct any ditch draining any highway or drain any 
noisome materials into any ditch; 
    (7) Place or maintain any building or structure within the 
limits of any highway; 
    (8) Place or maintain any advertisement within the limits 
of any highway; 
    (9) Paint, print, place, or affix any advertisement or any 
object within the limits of any highway; 
    (10) 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; 
     (11) Remove, injure, displace, or destroy right-of-way 
markers, or reference or witness monuments, or markers placed to 
preserve section or quarter section corners; 
     (12) Improperly place or fail to place warning signs and 
detour signs as provided by law; 
     (13) 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. 
     Any violation of this subdivision is a misdemeanor. 
    Presented to the governor May 16, 1989 
    Signed by the governor May 17, 1989, 6:35 p.m.