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9.f1 Staff Report-road right of way maintenanceSCANDIA Staff Report Date of Meeting: November 2, 2016 To: City Council From: Neil Soltis, Administrator Re: Background: At the October work session there was a discussion regarding issues related to mowing the road rights-of-way and a request from Karen Schik to 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. The draft policy reflects the general agreement reached at the October work session regarding the width of the mowing and the timing of the mowing and incorporates the language in the previously approved policy on tree trimming. Below are citations from State Statutes that relate to mowing road rights-of-way outside of cities. The draft was reviewed by the Council at the November work session. The changes to the current policy are underlined. 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.