408 Neb. Admin. Code, ch. 1, § 005

Current through September 17, 2024
Section 408-1-005 - REQUIREMENTS
005.01 To assure compliance with Neb. Rev. Stat. 2-945.01 to 2-966, Noxious Weed Control Act, the permittee shall obtain noxious weed identification, location, and demarcation from the County Weed Superintendent prior to harvesting hay on the highway right-of-way. Noxious weeds shall be mowed but not windrowed or baled.
005.02 The permittee shall have a copy of the permit on site during all harvesting activities.
005.03 Vegetation shall be mowed no lower than a height of five inches.
005.04 No selective mowing will be allowed. All vegetation including grasses, weeds, sunflowers, or volunteer growth, excluding landscaping, must be mowed even if not harvested.
005.05 All windrowed vegetation shall be baled within three days, weather permitting.
005.06 Bales of vegetation shall not at any time be located closer than 30 feet from the near edge of pavement.
005.07 All baled vegetation shall be removed from the right-of-way within 10 days after being baled or by September 15, whichever comes first, except during conditions described in section 005.08. Bales not removed within this time limit may be removed and/or disposed of by the Department at a cost chargeable to the permit holder. No baling of mowed hay will be allowed after the expiration date.
005.08 The permit holder shall not engage in harvesting operations during periods when resultant wheel ruts would cause possible drainage or erosion problems. Costs for repair by the Department of damage to the right-of-way caused by such operations will be chargeable to the permit holder.
005.09 No mowing or harvesting shall be allowed on any of the following non-exclusive listed areas:
005.09A On the right-of-way of any interstate or freeway.
005.09B Within 15 feet from the edge of the pavement.
005.09C On slopes steeper than three feet horizontal to one foot vertical.
005.09D On newly seeded areas where adequate vegetation is not established.
005.09E On areas with sparse or marginal vegetative cover as determined by the Department.
005.09F On medians, interchange quadrants, rest areas, and construction zones.
005.09G Within corporate limits.
005.09H On other areas excluded by the Department.
005.10 The harvesting operations by the permittee shall be completed in a workmanlike manner in a way that meets all requirements of these regulations.
005.11 Right-of-way markers, land monuments, fences, signs, landscape plantings or other highway features or structures shall not be removed, altered or damaged. The permittee shall be financially responsible for any damages.
005.12 Hay harvesting operations within the right-of-way shall be confined to the hours between one hour after sunrise to one hour before sunset.
005.13 Equipment shall be parked at the right-of-way line. In no case shall equipment be parked closer than 30 feet from the near edge of the pavement. In the event that right-of-way line is too close to allow the equipment to be greater than 30 feet from the traveled way, the permitee shall park the equipment off the right-of-way.
005.14 All hay harvested from the right-of-way shall be for the private use of the permittee.
005.15 When on foot, all persons shall be required to wear high-visibility safety apparel that meets the performance Class 2 or Class 3 requirements of the ANSI/ISEA 107-2004 publication entitled "American National Standard for High-Visibility Safety Apparel and Headwear." One Class 2 vest shall be provided per permit. Additional vests may be purchased at cost from the Department.

408 Neb. Admin. Code, ch. 1, § 005