By Rep. Paul Anderson
On occasion, a rule comes down from somewhere in government and the reaction from most folks is one of disbelief, or “this can’t be true.”
I think that pretty well sums up the feeling of many toward the recent announcement from MnDOT concerning the mowing of road ditches. In the name of saving habitat for birds and pollinators, the state agency has come up with a series of regulations that almost defy belief.
Starting this year, anyone who wants to mow and bale road ditch hay in a state right-of-way must apply for a permit from MnDOT, and they must do so yet this month. If one doesn’t apply to cut the hay in state ditches that borders one’s land, for example, it will be opened up for anyone to apply for a permit to cut those areas. I visited with one resident who told me that he’s cut and baled the ditches along the state highway that runs along his land for the past 30 years. No questions asked. He’s just done it and been able to harvest some low cost hay for his livestock and saved the state from having to do it.
To back up a bit, here’s the background on this situation. There has been a state law on the books for years that says road ditches can’t be cut before Aug. 1 to allow pheasants to nest in ditches and also to maintain habitat for bees. For the most part, at least up until now, that law hasn’t been enforced. And, anyone who knows about ditch hay for livestock feed knows that if they wait until August to cut that grass, it will be too dry and the feed value will be very low. So, for years when the state went out and made its safety cut along the top of the ditch, farmers would follow by cutting the rest of the ditch. That’s usually in early July, when the grass still has some value.
Now, because of new rule making, MnDOT will be issuing permits for ditch mowing that cannot start before August. They are also requiring tractors being used to cut the hay be equipped with a particular type of flashing light, and the operator in the tractor must wear a certain color safety vest. The topper among these new regulations is that the person who cuts and bales the hay must take out a liability insurance policy and name the state as beneficiary.
I’m not making this up.
These are the actual new rules by which residents will be allowed to cut state road ditches. I’m wondering who’s going to enforce these rules if someone defies them by cutting early or isn’t wearing the right colored safety vest. I’ve also been told that most farmers’ standard insurance policies already cover them while doing this, and naming the state as a beneficiary is an added expense.
Then there’s the issue of not allowing noxious weeds to go to seed, which is also state law. Will all the thistle patches and wild parsnip have to be sprayed from now on if mowing is ineffective?
Stay tuned on this topic. Several bills are being drafted to make changes to this set of rules. They represent overreach by government and need to be scaled back. I am also in favor of allowing ditches to be cut earlier in the summer than the current date of August 1. There is the issue of safety and line-of-sight, especially at intersections, in addition to noxious weed concerns and the declining feed value of the hay.
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The Agriculture Policy and the Natural Resources and Environment Committees will hold a joint hearing on Minnesota’s controversial buffer law this Thursday. In addition to taking other testimony, we will get updates from state agencies on the progress made so far, especially the buffer maps being done by the DNR and also on alternative practices, which are being worked on by BOWSR.
Most committee hearings in the House are either televised or live streamed. If interested in tuning into this hearing, call my office at 651-296-4317, and we will give you directions. It begins at 8:15 this Thursday morning.
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