4. Discussion on establishing a road right-of-way maintenance policySCANDIA
Staff Report
Date of Meeting: October 5, 2016
To: City Council
From: Neil Soltis, Administrator
Re: right of way mowing
Background: The Public Works crew has completed its 2nd round of right-of-way mowing. The first
cycle was completed in June and the second in September, each taking approximately 1 month.
During the mowing cycles issues were raised by residents regarding the area to be mowed with
numerous requests tailor mowing to the requests of the individual property owners. Additionally,
Karen Schik has requested that the City consider adopting a right-of-way mowing policy that
supports wildlife species. The City's tree trimming policy refers to mowing the road right-of-way
but does not provide any guidance.
Issue: Should the City adopt a separate right-of-way mowing policy or modify the existing tree
trimming policy to include mowing within the rights-of-way
Proposal Details: Following are excerpts from Minnesota statutes regarding mowing the road
rights-of-way in areas that are not cities and a proposed policy that was submitted by Karen
Schik.
Options:
1. Take no action on the development of a policy
2. Adopt a policy that addresses right-of-way mowing
Minnesota Statutes chapter for maintaining rights-of-way outside of cities
160.232 MOWING DITCHES OUTSIDE CITIES.
(a) To provide enhanced roadside habitat for nesting birds and other small wildlife, road
authorities may not mow or till the right-of-way of a highway located outside of a home rule
charter or statutory city except as allowed in this section and section 160.23.
(b) On any highway, the first eight feet away from the road surface, or shoulder if one exists,
may be mowed at any time.
(c) An entire right-of-way may be mowed after July 31. From August 31 to the following July 31,
the entire right-of-way may only be mowed if necessary for safety reasons, but may not be
mowed to a height of less than 12 inches.
(d) A right-of-way may be mowed as necessary to maintain sight distance for safety and may be
mowed at other times under rules of the commissioner, or by ordinance of a local road
authority not conflicting with the rules of the commissioner.
(e) A right-of-way may be mowed, burned, or tilled to prepare the right-of-way for the
establishment of permanent vegetative cover or for prairie vegetation management.
(f) When feasible, road authorities are encouraged to utilize low maintenance, native
vegetation that reduces the need to mow, provides wildlife habitat, and maintains public
safety.
(g) The commissioner of natural resources shall cooperate with the commissioner of
transportation to provide enhanced roadside habitat for nesting birds and other small wildlife.
160.23 DESTRUCTION OF NOXIOUS WEEDS.
Road authorities, including road authorities of cities shall cause all noxious weeds on their
respective highways and streets to be cut down or otherwise destroyed or eradicated as often
as may be necessary to prevent the ripening or scattering of seed and other propagating parts
of such weeds.
Submitted by Karen Schik
Proposed mowing policy for Scandia
This proposal is intended to promote roadside mowing practices in Scandia that support wildlife species,
especially ground -nesting birds, bees and other pollinators, including monarch butterflies.
Background
Roadsides are well-known as corridors that provide critical habitat for numerous Minnesota wildlife
species, including some whose populations are declining, such as pheasants, native bees, honeybees,
and monarch butterflies. The Minnesota Department of Natural Resources runs a Roadsides for Wildlife
program specifically for promoting this valuable resource.
Scandia has a strong commitment to rural character and protecting native local wildlife, as evidenced in
several ordinances and in the recently adopted Pollinator Friendly Resolution (02-16-16-08), which
supports taking actions that benefit pollinator species.
Scandia is located within (or very near) the 1-35 monarch butterfly corridor, designated by the President
of the United States to provide habitat for this imperiled species.
Scandia's existing mowing schedule is not a firm policy, but has generally occurred in May and
September, according to the City Administrator. This schedule is optimal for all the wildlife species
mentioned above. Mowing is generally done to the full extent of the right-of-way.
Proposal
Given that Scandia already typically follows an ideal mowing schedule, but has no formal policy, we
suggest that Scandia adopt the following best practices for monarchs, as suggested by Monarch Joint
Venture and Monarch Watch. These practices would protect habitat for all the target species
mentioned.
• Safe dates: Mow before May 15 and after September 20. If absolutely necessary to mow in
summer, then mow between June 30 and July 5.
• Avoid mowing outside of designated dates unless needed due to safety reasons, invasive species
control, inclement weather that prevented mowing in the optimal timeframe, or other critical
issues that may arise.
• If mowing outside of designated dates, then seek the minimal mowing possible, such as:
o mow only targeted areas, for example sightlines at intersections
o mow a minimal width, such as 5 feet
o mow vegetation at a taller height of 8-12 inches
• Use a flushing bar and cut at reduced speeds to allow wildlife to escape prior to mowing.
City of Scandia
Tree Trimming Policy
Adopted by the City Council
October 16, 2012
Amended January 20, 2015
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The City is adopting a uniform policy governing tree trimming and clearing of
brush which serves to protect the City's investment in its roads, to maintain safe
roadways for pedestrian and vehicular traffic, and to maintain general tree health.
This policy will allow maintenance within the right of way including but not
exclusive to, reshaping ditches, mowing, culvert repairs, and snow removal. The
Public Works Maintenance Superintendent shall determine work based on
priority, safety, and availability of equipment and staff. The Public Works Staff
shall generally follow these guidelines in tree trimming and clearing of brush:
Urban Right of Way (Adjacent to Roadways having Curb and Gutter):
Trim trees to allow for a minimum 20' clear height and shape trees for
aesthetic purposes and tree health.
Remove diseased or dead trees and limbs.
Remove trees or limbs blocking street signs, signals, or sight distances.
Rural Right of Way (Adjacent to Roadways not having Curb and Gutter):
Trim trees to allow for a minimum 20' clear height.
Remove diseased or dead trees and limbs.
Remove scrub trees and brush.
Remove trees and brush to allow for routine maintenance.
The flail mower shall not be used in a vertical position to trim trees.
Schedule:
This work is typically done during the winter months (November -March) by
the Public Works Department during regular work hours. It is the City's
intent to trim trees on all roadways within a 15 year cycle.
Notification:
Property owners shall be notified by mail at least 7 days prior to any
trimming occurring on their property except in the case of an emergency as
determined by the Public Works Director. The property owner may contact
the Public Works Director within those 7 days and ask for an onsite visit. If
any issues are unresolved following the onsite visit, the property owner has
5 days to file a written appeal with the City Clerk's Office. Appeals will be
heard at the next City Council meeting following appropriate notice. The
Public Works Director will mark all trees to be removed that are at least 6
inches in diameter at a point measured 54 inches above the ground.
A listing of possible streets where tree trimming may occur over the winter
months will be posted on the City's website before or at the time letters
are sent to abutting property owners
Disposal of Tree Waste:
The City's Public Works Department will either chip or haul the trees and
brush off site. If the property owner wishes to keep non -disease tree
waste, they may contact the City 24 hours in advance of removal.
Emergency Cutting:
This policy does not apply in the event that cutting is necessary to remove
road obstructions or to eliminate trees or brush that is in imminent danger
of collapse.