The quest to remove any chance of habitat for wildlife and fodder for pollinators on publicly owned right of ways in favor of free hay for farmers continues in the Minnesota House.
Talking points have changed, however, from wanting to simply follow in the tradition of mowing regardless of the law, to claiming that farmers taking the hay from publicly-owned right-of-ways for their to promoting the notion that such takings promote public safety while deterring noxious weeds.
Session Daily's Jonathan Mohr reports in Agriculture committee hears ditch mowing proposals:
Agriculture, transportation and environmental concerns intersected on the issue of ditch mowing Tuesday during a meeting of the House Agriculture Policy Committee.
Members heard testimony on three bills that attempt to modify, change or delay regulations that govern how land along public highway and road right-of-ways is maintained. They come on the heels of a law passed last session that required the Department of Transportation to impose a moratorium until April 30, 2018, on enforcing a new system of standardized permits to mow or bale hay on that land.
MnDOT has 255,000 acres of right-of-way land, much of which is ditches or medians adjacent to state roadways. But because the permitting process to mow or hay this land has been applied differently in the eight MnDOT districts around the state, the department created a new standardized permit for all districts in 2016. That created confusion and anger among people who had been mowing or haying that land for years without a permit, never realizing one was needed.
The sponsors of the legislation discussed Tuesday believe their measures are necessary to stop authorities from enforcing more stringent rules, while the subject receives further study.
The only bill formally before the committee was HF3150, sponsored by Rep. Steve Drazkowski (R-Mazeppa). It would authorize land owners or occupants to mow or hay any time of the year and prohibit road authorities from requiring them to obtain a permit. It would also establish a fine for authorities – such as MnDOT, counties and cities – that don’t destroy or remove noxious weeds from the highways, ditches or streets under their control. . . .
Rep. David Bly (DFL-Northfield) recommended a less “heavy-handed” approach in which local solutions are devised that account for different needs in different parts of the state. . . .
Here's Bly telling the committee about how he had convened meetings (as state lawmakers are able to do) to work on local solutions for ditch mowing. Bly pointed out that different areas of the state experience different issues with ditches and so local solutions might be a more positive means to resolve this issue.
We agree with Bly--and thank him for not uttering the cliche "it's not a one size fits all" situation. We've had enough of that rhetoric in the buffer debate.
Here are Bly's wise observations (the YouTube will start at his remarks:
Elsewhere, Don Davis reported on the hearing in Minnesota lawmaker pushing for law to increase government ditch mowing:
Drazkowski’s bill would fine a governmental entity that does not eradicate weeds on its property. It also allows landowners outside cities to mow ditches any time of the year.
That is a problem for environmentalists who want to keep ditches mostly unmowed for most of the year as habitat for pollinators such as bees and butterflies and animals that nest or otherwise live in ditches part of the year.
Current law limits ditch mowing along state highways to August, except for safety purposes.
A law enacted last year required the Minnesota Department of Transportation to not enforce existing law that requires permits to mow in August. Bills, unrelated to Drazkowski’s, being considered this year would extend that moratorium because backers say MnDOT has not made enough changes to its rules to satisfy many landowners.
The ditch mowing issue is among the most-discussed rural matters this legislative session.
Farmers want to do like they have for years: mow and bale ditches for hay.
They say that at the same time they get hay, they provide a service to the state by keeping ditches weed free. They say their work saves the state millions of dollars.
Environmentalists, however, say ditches are among the few areas where wildlife can survive, especially pollinators.
Chris Cowen of the Pesticide Action Network told the ag committee that while he does not have all the answers, insects such as the rusty patch bumblebee have all but disappeared as habitat disappears.
While parts of the state retain wild prairie, ditches are among the few places for pollinators in the heavily cropped areas of western and southern Minnesota.
Birds also use ditches, environmentalists say. However, Rep.Dale Lueck, R-Aitkin, said that is not the case everywhere.
“All we got is weeds and a little jack pine,” he said, adding that MnDOT should not restrict mowing in his area and farther north.
Assistant Transportation Commissioner Nancy Daubenberger, however, said during public ditch mowing hearings during the summer some people testified that birds do use northern Minnesota ditches. . . .
During the committee meeting, Lueck asked if there was a map available of where pheasants were native in Minnesota. We were a bit surprised, since in the Southern Minnesota where we grew up, every small school child knew that pheasants aren't native to North America. Instead, the beloved game bird was introduced, as the MN Department of Natural Resources (DNR) notes:
Ring-necked pheasants were first successfully imported from China to the United States in 1881. Their first successful release in Minnesota came in 1916. The ring-necked pheasant is one of Minnesota's most popular upland game birds. It is a grassland-dependent species most commonly seen in rural areas near grassy fields and grain crops, such as corn. Pheasants eat insects, weed seeds and grain and can survive a relatively wide range of temperature conditions.
And this:
Pheasants are a grassland-dependent species associated with agriculture. They breed in grasslands but spend other parts of the year in both grasslands and cattail marshes near grain fields. Pheasants are typically found in central and southern Minnesota. They do not migrate but they do move seasonally from breeding areas to wintering areas depending on food availability and weather conditions.
We've posted a map from the DNR webpage to help Rep. Lueck out. The limited range of the pheasant suggests that Bly is on to something: a local solution negotiated by local residents might do much better to secure positive solutions than Draz's heavy-handed state-wide mow-it-all approach.
But then, given Draz's sniping in his testimony, about public lands and such, we don't think he's looking for a positive solution that addresses the varying needs of the public.
Other ditching mowing bills were discussed for informational purposes only. Mohr reports:
The committee also heard two other mowing bills on an information-only basis.
Sponsored by Rep. Chris Swedzinski (R-Ghent), HF4008, would extend the MnDOT enforcement moratorium for one more year, until April 30, 2019. The companion, SF3569, is sponsored by Sen. Gary Dahms (R-Redwood Falls) and awaits action by the Senate Transportation Finance and Policy Committee.
Swedzinski said his proposal would allow time for further discussion to try and find solutions to problems that still divide people.
One such issue is a MnDOT provision that only allows permit holders to mow during the month of August. This is a problem for farmers who sell the forage or use it to feed livestock. Members were told that waiting until August to mow makes the hay virtually worthless for those purposes.
But environmentalists and hunters, who value the un-mowed ditches as habitat for pollinators and wildlife, favor August mowing.
Swedzinski said mowing conversations have been “frustrating” at times because the agricultural community has been a good steward of the land.
“Farmers across the state have been maintaining these ditches for decades upon decades upon decades,” he said.
Bly said there a lot of people who care about the ditches and what happens to them and the Legislature “should be respectful of all of them.”
A bill sponsored by Rep. Jeff Backer (R-Browns Valley), HF3965, was also heard. It would prohibit policies that restrict mowing or haying in the right-of-way of a trunk highway unless they are specifically approved by law. The companion, SF3589, is sponsored by Sen. Torrey Westrom (R-Elbow Lake) and awaits action by the Senate Transportation Finance and Policy Committee.
Here's the entire testimony and discussion of the Drazkowski bill:
Video of the entire committee hearing can be viewed here.
Photo: The Ag Mafia's view of mowing along publicly owned right of ways on state trunk highways.
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