As reported by The Farmer last December, the Minnesota Department of Transportation began urging farmers and others who mow or bale hay on state highway right-of-way land to file for permits early this year.

The original deadline for landowners to apply was the end of January. MnDOT has since modified that deadline to Feb. 28. Officials also tweaked some of the permit’s conditions.

State law requires that MnDOT manage right-of-way mowing, which includes cutting in advance of baling.

According to state law, it is a misdemeanor to mow on state highway rights of way without a permit.

Landowners who want to mow on right of way adjacent to their property need to apply for a permit before the end of February. On March 1, all others may apply for permits to mow on state rights of way. MnDOT will accept, review and approve permits on a first-come, first-serve basis.

Steve Lund, MnDOT’s state maintenance engineer, said the state wants to ensure that mowing is done at the right time of year to help protect habitat for wildlife and pollinators, as well as to ensure the safety of those who mow and harvest hay.

Standard conditions stated with the permit application include:

• All mowing and hay baling will be performed in a workmanlike manner to the satisfaction of the MnDOT authorized representative.
• MnDOT reserves the right to cut grass at any time, in any location, for reasons of roadside management, including safety, weed control, maintenance or construction activities.
• The area of mowing extends from the edge of the road shoulder to the outer right-of-way limits of MnDOT right of way.
• No mowing shall be done in designated “No Mowing Areas,” wetlands, landscape planting areas or other areas identified by the MnDOT authorized representative.
• Mowing and haying equipment must be cleaned prior to entry and before leaving an MnDOT right of way to prevent the spread of weeds and invasive species.
• All persons performing work authorized by this permit within the trunk highway right of way shall wear high-visibility safety apparel when outside of any vehicle within an MnDOT right of way.
• No mowing or haying activities or removal of bales shall be done within MnDOT rights of way between sunset and sunrise.
• Equipment used for mowing and baling within MnDOT rights of way shall be equipped with operable amber warning lights and slow-moving vehicle markers as required. The warning lights shall be operating and visible during all phases of the mowing and baling operations.
• Per state statute, in areas outside city limits, no mowing shall be done before Aug. 1 or after Aug. 31.
• After baling, all hay bales must be removed from a highway right of way as soon as possible, and no later than five days after baling, unless approval is obtained from the MnDOT authorized rep. All bales left within MnDOT rights of way must immediately be placed out of MnDOT’s designated clear zone and sight corners and/or lines. MnDOT reserves the right to remove any hay bales left in MnDOT rights of way in an unsafe location or after the designated five days. No compensation will be made for such bales. The applicant may be charged for the cost of removal.
• All equipment shall be removed daily from MnDOT rights of way. No equipment shall be stored within MnDOT rights of way.
• The MnDOT authorized rep reserves the right to limit mowing and haying operations during high-traffic-volume days, times or other conditions that affect highway safety.
• No mowing or haying equipment shall be allowed to drive on the shoulder in the opposite direction of oncoming traffic.
• Loading of hay bales on the roadway and shoulder will not be allowed.

The new permit can be found at mndot.gov/mowing.

Source: MnDOT