822.7 Hay and Other Crops on the Right of Way

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Growing crops on the right of way is prohibited unless it has been determined there is excess right of way that may be leased for agricultural purposes. A standard lease agreement for use of the right of way shall be used to authorize leasing of the right of way for growing crops. Non-approved new farming activity should be repaired by reseeding the area in question. MoDOT should consider crops that have been established and reached seedling height to have advanced too far for destruction. Appropriate action should be taken to ensure a replanting does not take place the next planting season and that a different crop is not planted after the current crop is harvested.

Forms
Form No. M-460, Permit for Work on Right of Way
"Lease of Premises", the standard lease agreement

Hay harvesting. Individuals may be issued a permit to harvest hay on the right of way by using Form No. M-460, Permit for Work on Right of Way. No fee or hay share is required for this permit. Irresponsible parties may be denied permits in the future or a deposit may be required if they fail to harvest the hay in a satisfactory manner. The permit holds the permittee liable for any accidents or claims based on the permitee's activities. Property owners will be given preference to harvest hay on sections of the right of way adjacent to their land, if they should so request before a permit has been issued. Permits will not be issued prior to June 1 of each year.

Harvesting of hay on any one area is normally allowed every other year. A district may allow haying in consecutive years, if they feel that the stand of grass will not be weakened. An applicant is allowed to seed, fertilize or spray herbicides to improve an area for hay production. Cultivating is not permitted.

In all cases, access to any area to be harvested must be from an authorized entrance, outer roadway, adjacent property or a crossroad. Leaving the main roadway, ramps or emergency crossovers to enter an area is not permitted. No trucks or other equipment are to be parked within 30 ft. of the edge of the roadway.

  • Harvesting may begin on the backside of the ditch line or toe of the slope except for restricted areas.
  • Minimum mowing height is 4 in.
  • All mowing must be continuous except for restricted areas.
  • Harvesting may be carried out at the most appropriate time for obtaining quality hay, but must be done without damage to the stand of grass or right of way.
  • All bales, broken bales and/or unbaled windrows of hay will be removed from the right of way within a period of 10 days after harvest unless weather conditions prevent removal.
  • All work is to be done during daylight hours.
  • Restricted areas:
No harvesting within 30 ft. of pavement edge.
No harvesting on slopes steeper than 1V:4H.
No harvesting in interstate or freeway medians. Harvesting in other medians is permitted if the medians are at least 80 ft. wide.
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