Minnesota Session Laws - 2017, Regular Session

CHAPTER 15--S.F.No. 218

An act

relating to transportation; governing mowing and haying in trunk highway right-of-way; establishing a temporary moratorium and requiring a recommendation to the legislature.

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

Section 1.

new text begin TRUNK HIGHWAY MOWING OR HAYING. new text end

new text begin Subdivision 1. new text end

new text begin Permits moratorium. new text end

new text begin (a) Except as provided in paragraph (b), the commissioner of transportation must implement a moratorium until April 30, 2018, on enforcing permits under Minnesota Statutes, sections 160.232 and 160.2715, or any other Minnesota statute or administrative rule, to mow or bale hay in right-of-way of a trunk highway. new text end

new text begin (b) This subdivision applies regardless of date of any permit issuance. This subdivision does not apply to right-of-way in which adjacent land is under the jurisdiction of the state or a political subdivision. new text end

new text begin Subd. 2. new text end

new text begin Recommendation to legislature. new text end

new text begin (a) No later than March 1, 2018, the commissioner of transportation must recommend to the legislative committees with jurisdiction over transportation, agriculture, and natural resources establishment of a permit or notification system to mow or hay in trunk highway right-of-way. The recommendation must be developed with input from agriculture and environmental groups. new text end

new text begin (b) The recommendation must contain at least the following elements: new text end

new text begin (1) ease of permit application or notification; new text end

new text begin (2) frequency of permits or notifications; new text end

new text begin (3) priority given to the owner or occupant of private land adjacent to a trunk highway right-of-way; new text end

new text begin (4) determination of authority to mow or hay trunk highway right-of-way in which adjacent land is under the jurisdiction of the state or a political subdivision; and new text end

new text begin (5) recognition of differences in the abundance of wildlife habitat based on geographic distribution throughout the state. 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

Presented to the governor April 6, 2017

Signed by the governor April 7, 2017, 2:44 p.m.