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10.e1 Proposed Ditch Mowing Exemption Program Staff Report Date of Meeting: 4/21/2026 For: Mayor and City Council From: Charles Fischer – Public Works Director Subject: Ditch Planting Exemption Draft version 2 Background: During the Council meeting on Sept. 9th, 2025, a recommendation to draft an exemption for residents to plant and maintain the ditch (ROW or Statutory Easement) adjacent to their property was requested. Public Works has been tasked with drafting an exemption template for discussion, the following is an outline of what staff apprehensively believes to be allowable and limit, not eliminate, liability issues in regards to City owned roadways, if residents may be allowed to plant within the areas listed. On Oct. 21, 2025 the City Council requested to move forward refining an exemption to include fees, escrow, and further language defining these areas and how to physically delineate the improved area. Within this revised report are notations (in blue) referencing the requested changes. Template Exemption for Discussion: The intent of this exemption is not to abandon or surrender Right-of-Way or Statutory Easements or any other defined easement to the resident applying for an exemption to intentionally install native plantings and maintain native plantings adjacent to or within the resident’s property. The areas allowed, by the City, to be planted and maintained by the resident will remain Dedicated Right-of-Way or Statutory Easement or other defined easement on the justification the City is allowing the practice to take place and retains control of the practices allowed by the resident. This exemption will only apply to roadside easements. A City of Scandia resident may apply for an exemption to City Ordinance 151.05(B) General Prohibitions; for native herbaceous prairie or native herbaceous woodland plantings. An exemption will only be reviewed for the purposes of site improvement and regular maintenance to be performed by the applicant or contracted service by the applicant(resident). This exemption would not apply to residents with the sole intent of pursuing the City to cease maintenance of the Right-of-Way or Statutory Easement or other defined easement. An exemption permit must be applied for and approved by the City prior to any physical maintenance ceases by the City and installation(planting) and maintenance commences by the property owner or contractor hired by the property owner. The Public Works Director or designee will review all complete applications and make the final approval with conditions or denial. Permit Language and Fees to be included in Electronic Version(Online Application) The applicant must provide the information listed below to be deemed a complete application: an application will not be reviewed if incomplete.  Full Name and Address  Project Intent Statement  Detailed map of area (no hand drawings) with supporting photos  Site survey if the project is within 20ft of an adjacent lot line and/or surface water from the area transfers onto an adjacent lot  Project plans and specifications must include: o Soil testing o Soil prep and/or amendment plan o Plant selection based on soil testing and physical location (example: full sun vs full shade or prairie vs woodland) with no plants over 12 inches mature height, herbaceous plants only, no trees or woody plants allowed to be planted o Planting type (live plant vs seeding or other) o Detailed Landscape plan(map) with elevations and showing no plantings within 3 feet of asphalt or curb edge. The three-foot wide area from edge of road or curb to the plantings shall be Class 5 limestone or Class 5 trap rock installed at the time of planting. o Timeframe of the project commencement to completion o Establishment plan (Year 1 through 3 and annual after year 3 if necessary) o Maintenance plan (Year 1 through 3 and annual after year 3), must include one full mowing between 4 to 6 inches in height or burn per year o Signature and Date  Pay permit fee $150.00 and escrow(deposit) $2,000.00 (2-year hold) to cover: exemption review, site inspections for preliminary review, project oversight, and post- project completion inspection, cost for city to re-establish ditch if failure to complete the project or area becomes abandoned/unmaintained after project completion for additional work required to restore the area). Depending on the scope of work, an engineer's review may be required to certify slopes and proper drainage, with an escrow (deposit) fee to cover this expense.  Signs delineating every 50 feet of planted area must be installed. Secondary signs on the same post will be required to state the beginning and end of the planted area. The signs will be distributed to the applicant by the City after final inspection and approval of the project and after the cost of the signs is paid for by the applicant. No other signs will be allowed, only signs distributed by the City can be used. The applicant must install, at their own expense, within 2 weeks of the final approval. Sign installation specifications will be provided with the signs. The applicant will be responsible for maintenance and replacement of the signs. A matching number to the permit will be etched, scribed, or by other means permanently attached on the sign.  A terms and conditions document, to be included with the application, should state the following: o The City retains proprietorship of the land(area), and if the area is deemed to be unmaintained or if the resident is found breaching the terms of the exemption, the City will resume maintenance practices outlined in City Policies and Ordinances. o When the City deems the site unmaintained or there is a breach of terms, the permit exemption will be annulled. If annulled, the resident may reapply for a new exemption at the expense of the property owner. o The City and/or utility providers will not be liable for any damage or disturbance occurred from snow and ice removal, road construction and/or maintenance, utility installation, force majeure, vehicles leaving the road surface, or shouldering repair, or any other disturbance to the area. o The City will not repair or replace soils or vegetation within the planted area at any time. If loss of soils and vegetation is evident and not repaired or replaced by the resident it will be deemed as breech of terms. o Loss of gravel shouldering material (Class 5) or curb within the three-foot buffer will be restored by Public Works to maintain support of the roadway at any time. o Loss of Class 5 shouldering material or curb damage will be at the expense of the resident if caused by the planting or maintenance practices or failure of the planted area. o If the plantings surround a driveway culvert, within a 15-foot radius of any portion of the culvert, the resident will be responsible for maintaining the culvert, the free flow of water through the culvert and replacement of the culvert if damage is caused by the project or residents’ failure to maintain the culvert. This would include but not limited to: cleaning, repair, replacement, ect. o No plantings shall be within a 15-foot radius of any road crossing culvert; the City will retain responsibility of maintenance practices around crossing culverts. o Other terms added or amended after further review. Sample Sign Design: Front and Back 6”x12”