Mowing and Haying in the Right of Way AMC Transportation & Infrastructure Policy Committee

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1 Mowing and Haying in the Right of Way AMC Transportation & Infrastructure Policy Committee Nancy Daubenberger Assistant Commissioner- Engineering Services March 1, 2018

2 Roadway Miles and Green Space MnDOT s 12,000 miles of roadway incorporates more than 255,000 acres of state land, including 175,000 acres of green space. All of this land is known as right of way. Much of this green space is adjacent to state roadways in the form of ditches or medians between four lane roads State highway roadsides are 10% of total roadsides in Minnesota Note: County road easements vary from the state and between counties 4/7/2018 2

3 MnDOT s Area of Responsibility 3

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5 Shoulder: Providing safe place for travelers to pull off the road in case of emergency Clear Zone: This area should be free of obstructions to allow a vehicle to recover if it leaves the road. Clear Zone

6 Roadside Weather Information Systems Continuous Operating Reference System (CORS) Geodetic Monuments RWIS Station CORS Receiver Geodetic Monument

7 Snow Control Snow Storage Structural Snow Fences Living Snow Fences. Snow Storage Area

8 Water Infiltration and Filtration Above and Below Ground Utilities Engineered Soils and Slopes to Support the Road Water conveyance

9 Habitat, Threatened Species & Connections

10 Fiber Optic Lines Protected Species Habitat Invasive Species Control Slope Stability Survey Monuments Erosion Control Ground Nesting Bird Habitat MnDOT s Technologies Aesthetics Buffer Homes from Road Safety Blowing Snow Control Electric Lines Snow Storage Road Structure Stability Business Visibility Solar Arrays (future) Water Conveyance Pollinator Habitat Water Infiltration Hay Filter Runoff Maintain Cultural Resources Water/Sewer Pipes Clean Water Gas Pipelines

11 State Laws Controlling Activities in Highway Right of Way State laws that control activities in highway right of way: MS restricts full mowing in ditches to the month of August. This 1980s law was intended to protect pheasants and other small wildlife. MS prohibits various activities that would affect highway operations, including plowing or mowing except as permitted* under MS Intent is to preserve right of way for highway related purposes. *Any work done on state right of way can only be done under a permit issued by MnDOT. Note: MnDOT s easements provide the authority to control vegetation. 4/7/

12 Mechanical Control 12

13 Herbicide Application 13

14 Permitting Activities MnDOT manages requests by the public to mow grass growing on state highway roadsides. MnDOT has a permit application form that farmers may use to request permission to mow and hay in a specific location MnDOT attempts to accommodate harvesting of hay where it is legal, safe and does not interfere with MnDOT management of the highway roadside. 4/7/

15 Permits by the Numbers Types/number of permits MnDOT issues: Over the last three years, on average, MnDOT has received over 4,300 permit applications, of which it denied about 20. Those permits issued included: Long Form Permits (for permanent installations): 1,562 Miscellaneous Permits: 2,168 Access Permits: 337 Drainage Permits: 140 Rail Bank Permits: 41 Temporary Lease Agreements: 19 4/7/

16 Legislation Passed in 2017 Moratorium on enforcing permits to mow or bale for one year. Recommend to the legislature the establishment of a permit or notification system to mow or bale hay in state highway right of way, including: Ease of permit or notification system; Frequency of permits or notification; Priority given to the owner or occupant of private land adjacent to a trunk highway ROW; Determination of authority to mow or hay in TH ROW in which adjacent land is under the jurisdiction of the state or political subdivision; Recognition of differences in the abundance of wildlife habitat based on geographic distribution throughout the state. 4/7/

17 Public Engagement Program Stakeholder Group Formed Stakeholder Group Meetings held nine meetings, starting in August of 2017, ending in January of 2018; Stakeholder Group consisted of reps from Agricultural Groups, Environmental Groups, State and Local agencies. Listening Sessions Nine held around the state, between Oct. 30 th and December 6 th. 4/7/

18 Forming Recommendations MnDOT Must Haves Ability to effectively Manage the Right of way - flexibility for control of snow, brush and vegetation; Have a written permit/proof of liability; Consistent around the state; A system that is conducive to voluntary compliance. 4/7/

19 Forming Recommendations Permit System Recommendations: Security Deposit/Performance Bond Insurance; Ease automated online system; Safety lights, high visibility vest; Mowing of grass traditionally maintained as law in front of house, business, or organization; Frequency of permit renewal; Priority to Adjacent Landowner. 4/7/

20 Forming Recommendations Timing and Quantity: Take some/leave Some? Possible date change options? 4/7/

21 Public Engagement Program Summarized MnDOT's Mowing & Haying Website: Responses to frequently asked questions; Listening sessions listed and summarized; Minutes from the stakeholder group meetings; Individuals who could attend a listening session were invited to submit a public comment via this website. 4/7/

22 Thank you! Nancy Daubenberger /7/