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S.F. No. 3368 - Permit Requirement for MnDOT Right-of-Way (with the A-3 Amendment)
 
Author: Senator Lyle Koenen
 
Prepared By: Krista Boyd, Senate Fiscal Analyst (651/296-7681)
 
Date: April 7, 2016



 

Section 1 limits the scope of a statute that was enacted in 2015.  Current statutory language allows a landowner to apply for a permit from a road authority in order to temporarily place, on a road right-of-way, a flexible force main to transport manure for field application.  Section 1 limits the applicability of the language to rights-of-way controlled by MnDOT, instead of rights-of-way controlled by local road authorities.

Section 2 requires a local road authority that has implemented a permitting system to issue a permit to an applicant for use of road right-of-way to transport manure for field application through a pressurized flexible force main when certain conditions are met.  Those conditions are:

  • the road is under the jurisdiction of the local authority;
  • the road is not a controlled-access highway;
  • the applicant gives the local authority at least one day’s notice of the project;
  • the applicant is a licensed commercial animal waste technician applicator; and
  • the project will not unreasonably interfere with the road authority’s maintenance activities or with the property owner’s or occupant’s access to private property.

Section 3 provides that when a local road authority has not implemented a permitting system, a property owner or occupant may use the right-of-way of a local road for a force main to transport manure for field application under certain conditions.  Those conditions are:

  • the road is not a controlled-access highway;
  • the force main remains in place for a maximum of 21 days;
  • the force main is placed in the backslope where possible, and not on the roadway;
  • pumping equipment is placed outside the right-of-way;
  • the property owner/occupant gives notice to the local government at least one day before placing the force main in the right-of-way, to include dates, location in the right-of-way, and the identity of the applicator who will perform the field application; and
  • the project does not unreasonably interfere with the road authority’s maintenance activities or with the property owner’s or occupant’s access to private property.

      further provides that a property owner/occupant who meets the statutory requirements may place the force main over the right-of-way from the person’s property to the location of the application, whether or not the person owns all the property that abuts the right-of-way that will be utilized.

Sections 1 to 3 are effective the day following final enactment.

 
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