Haying State Highway Rights-of-Ways

September 12, 2003

Recently, the Colorado Department of Transportation (CDOT) adopted the Harvesting in the Right of Way program. CCA initiated the idea of haying rights-of-way during drought periods and presented it to the Colorado General Assembly in 2001. Since no statutory changes were needed, CDOT had the authority to establish rules for adoption of this program.

The rules allow people who own land adjacent to state highway rights-of-way to obtain a permit from CDOT so that they may use the rights-of-way for harvesting the native grasses and hay through mechanical mowing means only. The rules state that no permit may be issued which, in the judgment of the CDOT, would not be in the best interests of the State or that would be detrimental to the public health, safety, or welfare. Furthermore, a permit may not be issued if it would be in conflict with any applicable federal, state, or local law, or if it allows any agricultural purpose other than harvesting by mechanical means only. Also the rules state that agricultural purposes that involve plowing, tilling or disturbing the soil in any fashion, planting any seed or seedlings, applying pesticides or herbicides or irrigation shall not be permitted.

Every person applying for a permit needs to give written assurance to the CDOT of the permit’s conformity with all applicable laws. In addition, all harvesting permits are required to comply with the rules and all applicable regulations of the county, city, or municipality in which the permit is located.

The rules also state that no person, firm or corporation shall harvest any portion of the state highway right-of-way and keep the cuttings from the harvesting without first obtaining a written permit from the CDOT. Permits are valid for five years from August 15th through April 1st or as further amended by CDOT’s MOU with the Colorado Division of Wildlife to comply with the Migratory Bird Act unless a waiver is secured from the Colorado Division of Wildlife allowing year-round harvesting. Upon expiration of the initial five-year period, the permit may be renewed with the approval of the CDOT for an additional five-year period.

Among the terms and conditions of a permit, unattended equipment must be parked as near as possible to the right-of-way fence line, and may not be left unattended within thirty feet of the traveled-way under any circumstances. All equipment shall be removed from the state highway right-of-way at the end of each day of harvesting. Equipment may not be stored overnight on the state highway right-of-way. Any permit issued under these rules becomes null and void at any time the abutting land changes ownership.

The CDOT will charge an application fee of $100.00 per mile, with no pro-ration for areas less than one mile of state highway right-of-way requested. The CDOT will only accept payment in the form of certified checks, or cash for the fees required. The $100 charge is good for the entire five-year permit duration.

For a complete list of rules and regulations regarding harvesting in rights-of-way, the Statement of Basis, Specific Statutory Authority and Purpose for the rulemaking to adopt the Harvesting in the Right of Way program or for an application to conduct right-of-way haying, contact: Colorado Department of Transportation, 5285 South Golden Road, Bldg 47 Property Management Section, Golden, Colorado 80401.