Changes to Existing Law

State trunk highway system--Rules--Limitations. The Transportation Commission may, by shall promulgate rules promulgated, pursuant to chapter 1-26, authorize regarding the mowing of ditches on the state trunk highway system. The rules shall establish when : (1) The time and dates within which mowing may be done, by undertaken, subject to the following: (a) No person, including a landowner, contractor, permittee, or department personnel may mow the right-of-way or the median in the counties of Dewey, Gregory, Jones, Lyman, or Stanley, or Tripp, prior to June fifteenth of each year; and (b) No person, including a landowner, contractor, permittee, or department personnel may mow the right-of-way or the median in any county east of the Missouri River, prior to July tenth of each year; (2) By whom mowing may be done, how undertaken, provided that the original owner or assignee of land abutting the ditches on the state trunk highway system is given priority for mowing; and (3) How and where mowing may be done undertaken, and the time limit for removal of hay, if mowing is done undertaken for hay production. However, the rules shall provide that the original owner or assigns of land abutting the ditches on the state trunk highway system shall be given priority for mowing. 24 Catchlines are not law. (§ 2-16-13.1) Rules promulgated in accordance with this section may not preclude department personnel from mowing the first eight feet of any ditch abutting the state trunk highway system. Rules promulgated in accordance with this section may not restrict mowing along the portion of a state trunk highway system that lies within the boundaries of a municipality. 7