With spring planting under way, the Minnesota Department of Transportation (Mn/DOT) urges farmers and other land-owners not to encroach on highway right-of-way when planting crops this season. Plowing, tilling, planting and any other detrimental activity within highway right-of-way is against the law according to Minnesota State Statute 160.27 Subdivision 5 Paragraph 2. The violation is considered a misdemeanor punishable by a maximum $700 fine and/or 90 days in jail. Highway right-of-way is defined as the driving lanes, inside and outside shoulders, in slope/ ditch bottom/back slope, clear zone and sight corners at intersections. Private property taxes are not assessed on that portion of land that is highway right-of-way, even when it meets private property. “The ‘sight corner’ portion of highway right-of-way at an intersection between two roads is especially susceptible to en-croachment and visual obstruction by unlawfully planted crops, especially corn,” reports Mark Renn, a Mn/DOT road regulations supervisor in the St. Cloud office. As the crop gets higher throughout the growing season, a serious safety hazard is created for motorists. As they approach the junctions between two roads, the ability to see other vehicles approaching the intersection begins to become obstructed because of the crop growth. Many traffic crashes in rural areas can be attributed to a certain extent to this reduced visibility component and consequent lack of opportunity for drivers to react defensively. There are other hazardous and unacceptable conditions created by crop encroachment on state property as well. Erosion can become a problem, especially in the ditches, which can affect proper drainage, plug up culverts, and jeopardize the stability of the shoulders and the roadbed itself. Utility companies are allowed to use highway right-of-way in the placement of gas lines, power lines, telephone lines and fiber optic cable. Plowing and tilling can damage these lines under the ground and create a potentially dangerous situation for workers and area residents, in addition to possible interruption of service to customers. In the case of a pedestrian or motor vehicle accident creating property damage or personal injuries and which can be attributed to encroachment of highway right-of-way, civil liability may also be extended to the party who planted unlawfully placed vegetation. In short, the injured parties can sue for damages. Mn/DOT has the responsibility to maintain public safety on Interstate, U.S. and Minnesota state highways. Roadway regulations inspectors monitor highway right-of-way and can issue a written “Notice of Violation” to persons responsible for crop encroachment and other violations. The notice may request the responsible party to remove the planted crop and re-establish the affected area with permanent non-crop vegetation at their own expense. If the request is not complied with, the Minnesota State Patrol will issue a misdemeanor ticket. State employees will then make any corrections necessary, with the costs billed directly to the responsible party. To determine the boundaries of highway right-of-way, persons should look for metal posts about three- to four-feet high with either green/white or black/white diamond shaped plates at the top. Older roadways may have concrete monument markers about two feet high. It is also a misdemeanor to remove, damage, displace or destroy these right-of-way markers and monuments. For further information regarding roadway regulations, or assistance in identifying right-of-way boundaries on a Minnesota or U.S. highway in central Minnesota, please contact the Mn/DOT offices in St. Cloud at (320) 654-5315 or toll-free at (800) 657-3961.
