Senate File 2014 - Introduced SENATE FILE 2014 BY SCHOENJAHN A BILL FOR An Act relating to harvesting grass growing in a public road 1 right-of-way. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5045XS (7) 86 ns/nh

S.F. 2014 Section 1. Section 317.11, subsection 2, Code 2016, is 1 amended to read as follows: 2 2. a. Nothing By January 1 of each year, a landowner shall 3 notify the state department of transportation if the landowner 4 intends to harvest the grass growing in the right-of-way of 5 a public road adjacent to the landowner’s land during that 6 calendar year. The notification shall be submitted in a 7 manner specified by the department. If the landowner notifies 8 the department in this way, nothing under this chapter shall 9 prevent the landowner from harvesting, in proper season on or 10 after July 15, the grass grown on growing in the right-of-way 11 of the road along adjacent to the landowner’s land except 12 for vegetation maintained for highway purposes as part of 13 an integrated roadside vegetation management plan which is 14 consistent with the objectives in section 314.22 . If the 15 landowner fails to notify the department by January 1, the 16 landowner may apply to the department for a permit to harvest 17 the grass growing in the right-of-way of a road adjacent to the 18 landowner’s land pursuant to paragraph “b” . 19 b. Any person, including the landowner, may apply to the 20 department on or after January 15 to obtain a permit to harvest 21 the grass growing in a particular area of the right-of-way of 22 a road adjacent to the landowner’s land during that calendar 23 year. The application shall be submitted in a manner specified 24 by the department. If the landowner failed to notify the 25 department by January 1 as required under paragraph “a” , the 26 department shall issue a permit to the person who submitted 27 the earliest valid application to harvest the grass growing in 28 the particular area of the right-of-way. If the person issued 29 the permit is not the landowner, the grass subject to the 30 permit may be harvested by the person without the landowner’s 31 permission. If the department issues a permit to a person 32 other than the adjacent landowner, the department shall notify 33 the landowner by certified mail and the landowner shall not 34 harvest the grass growing in that area of the right-of-way 35 -1- LSB 5045XS (7) 86 ns/nh 1/ 3

S.F. 2014 during that calendar year. 1 c. A permit issued pursuant to paragraph “b” shall meet all 2 of the following requirements: 3 (1) The permit shall allow the person to harvest grass 4 during a period of time on or after July 15, as specified by the 5 department. 6 (2) The permit shall not allow the person to harvest 7 vegetation maintained for highway purposes as part of an 8 integrated roadside vegetation management plan which is 9 consistent with the objectives in section 314.22. 10 (3) The permit shall not allow the person to harvest grass 11 in more than six hundred forty total acres of right-of-way, 12 including any acres covered by other permits issued to the 13 person under this subsection. 14 (4) The area of right-of-way covered by the permit shall be 15 no more than ten miles from the person’s residence. 16 (5) Any grass harvested pursuant to the permit shall be for 17 personal use only. 18 (6) The permit shall not violate any existing agreement, 19 contract, easement, or right regarding the right-of-way. 20 d. The department may adopt rules to administer this 21 subsection. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to harvesting grass growing in a public 26 road right-of-way. 27 Currently, Code section 314.17 prohibits mowing roadside 28 vegetation prior to July 15 of each year, with certain 29 exceptions. After July 15 of each year, Code section 317.11 30 allows a landowner to harvest the grass growing in the 31 right-of-way of a road adjacent to the landowner’s land. The 32 department of transportation (DOT) form 810050 allows a person 33 other than the landowner to apply to mow and harvest hay in the 34 public road right-of-way with the permission of the adjacent 35 -2- LSB 5045XS (7) 86 ns/nh 2/ 3

S.F. 2014 landowner. 1 The bill requires a landowner to notify the DOT by January 2 1 of each year if the landowner intends to harvest the 3 grass growing in the right-of-way of a road adjacent to the 4 landowner’s land. If the landowner fails to do so, any person, 5 including the landowner, may apply to the DOT on or after 6 January 15 to obtain a permit to harvest the grass growing in 7 the right-of-way of a road adjacent to the landowner’s land. 8 The bill requires the DOT to issue a permit to harvest the 9 grass growing in a particular area of the right-of-way based 10 on the earliest valid application. If the person issued the 11 permit is not the landowner, the grass may be harvested without 12 the landowner’s permission. If the DOT issues a permit to a 13 person other than the adjacent landowner, the DOT must notify 14 the landowner by certified mail and the landowner is prohibited 15 from harvesting the grass growing in the right-of-way. 16 The bill requires a permit to meet certain requirements: the 17 permit shall not allow the person to harvest grass before July 18 15, the permit shall not allow the person to harvest vegetation 19 maintained as part of an integrated roadside vegetation 20 management plan, the permit shall not allow the person to 21 harvest grass in more than 640 acres of right-of-way including 22 any acres covered by the person’s other permits, the area of 23 the right-of-way covered by the permit shall be no more than 10 24 miles from the person’s residence, any grass harvested under 25 the permit shall be for personal use only, and the permit shall 26 not violate any existing agreement, contract, easement, or 27 right regarding the right-of-way. 28 -3- LSB 5045XS (7) 86 ns/nh 3/ 3