BY ALAN FORSBERG, P.E., RETIRED BLUE EARTH COUNTY ENGINEER
In response to declining pollinator populations and in recognition of their critical role in our natural environment, the 2023 Legislature passed Minnesota Statute 160.2325, the Highways for Habitat Program. The legislature allocated $1 million for the program to be spent by the end of fiscal year 2025. The bill enjoyed the support of the Pollinator Friendly Alliance and other environmental groups.
The law requires the Minnesota Department of Transportation (MnDOT) to establish an “integrated roadside management program” for its approximately 175,000 acres of vegetated roadside. The program is to be based on sound ecological principles—judicious use of herbicides, mowing, biological control, prescribed burning, and tree and brush mechanical removal.
The Highways for Habitat program applies only to the MnDOT Interstate and Trunk Highway system; it does not apply to roads under the jurisdiction of local governments.
MnDOT’s best management practices will be updated to reflect current native seed and plant establishment methods, avoid the use of insecticides lethal to pollinators, and limit practices that cause pollinator, nesting bird, and wildlife habitat destruction. To the extent practical, the management practices will include seed and vegetation selection based on Board of Water and Soil Resources’ native vegetation establishment and enhancement guidelines.
MnDOT is to identify right-of-way tracts appropriate for wildlife and habitat establishment. The management program needs to respect the priority of safety and preservation of the transportation system.
MnDOT is to report its progress in implementing the program to the legislature every two years. The reporting requirement expires December 31, 2033.
MnDOT is in the initial stages of developing the program. It is creating an internal steering committee, with assistance from other agencies anticipated.
Developing the “integrated roadside management program” will be a challenging task. Properly designed and maintained roadsides are essential to user safety and preservation of the road. The roadsides provide earth material for constructing the roadway, convey water preserving the natural surface water drainage patterns, capture water-borne sediment, infiltrate water, provide snow storage, reduce snow drifting, and allow motorists to see other vehicles at intersections and animals crossing the road such as deer. Roadsides may also be an important source of hay and be maintained as lawn area by adjacent farmers.
Management restrictions include the legal requirement to control noxious weeds, time of year roadsides can be mowed, and protection of habitat for threatened and endangered species such as the rusty patched bumble bee and monarch butterfly. Some MnDOT right-of-way is by highway easement, with the adjacent landowner the fee title owner. It is not clear whether MnDOT has the unfettered right to manage this right-of-way for other than highway purposes.
Other questions include: Where will the program be implemented, and should it be only appropriate right-of-way tracts or new grading construction when turf is established? Tilling existing established turf and replacing with native vegetation may be challenging since native grasses are slow to establish, raising the risk of erosion. Maintaining native grasses by burning creates smoke and odor and risks spreading fire.
The program will need to respect and balance these sometimes-competing right-of-way purposes. Public understanding and acceptance of the program will be important to its success.