Colorado Approves Haying on Highway Right of Ways During Drought

Recently, the Colorado Department of Transportation (CDOT) adopted the Harvesting in the Right of Way program. The Colorado Cattlemen’s Association 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. CDOT may reject an application if it feels the permit would not be in the best interests of the state or that it 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. 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.

Permits are valid for five years from Aug.15 through April 1 or as further amended by CDOT’s memorandum of understanding with the Colorado Division of Wildlife. 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.

 The CDOT will charge an application fee of $100 per mile for the five-year duration of the permit with no pro-ration for areas less than one mile.