D.o.t. Form No. 317 - Harvesting Hay On The Highway Right Of Way - Kansas Department Of Transportation Page 2
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1
2Harvesting Hay on Highway Right-of-Way
Highway Permit
Attachment 1
Performance (Continued)
Permit
1.
No person, firm or corporation shall mow any portion of the
e.
Designated “Wildlife Area”, “Wildflower Area” or
highway right-of-way without obtaining a written permit.
wetland areas;
2.
The permit application shall be submitted to the appropriate
f.
Medians, interchange quadrants, rest areas, or other
Area Engineer on forms provided by KDOT.
locations designated by KDOT;
3.
Haying permit applications will be accepted after
g.
Areas containing noxious weeds.
January 1 for that year’s mowing season.
5.
Vegetation such as native dogwood, sumac, wild plum,
a.
Adjacent landowners will be given permit priority
small saplings, etc. shall not be mowed or damaged.
until March 31 of a given year.
6.
Vegetation shall be mowed to a minimum height of 5”.
b.
After March 31, permits will be issued in order
7.
Work shall be performed only when soil is dry enough to
received.
prevent rutting or damage to highway right-of-way.
4.
There is no fee for a permit and the permit may be
8.
Operations will be permitted during daylight hours only.
canceled at any time by either party, given 3 day written
notice.
9.
The highway right-of-way shall be in clean and neat
conditions upon completion of work.
5.
Permits are restricted to In-State applicants.
10. All bales within 30’ of a highway shall be removed
6.
KDOT reserves the right to retain up to 20% of the bales
immediately. All other bales shall be removed within 10
harvested from the right-of-way as part of this permit
days of baling or they will be removed by KDOT personnel
agreement. The petitioner will be required to give KDOT
without compensation to the Petitioner, (reference item 6 &
one week notice before the start of any haying
7 under Permit section).
operations. KDOT will notify the petitioner at that time as to
whether or not KDOT will retain any of the hay. The
11. Unattended equipment must be parked near the right-of-
Petitioner shall deliver the retained bales to a location
way line, but in no event shall unattended equipment be
designated by KDOT within a 15 mile radius of the location
parked within 30’ of the highway. Equipment shall not be
of the permit at no cost to KDOT.
left on right-of-way longer than 10 days.
7.
Poor performance, failure to comply with the requirements
12. The location to access the highway right-of-way shall be
and guidelines may result in immediate termination of this
determined by KDOT.
permit.
13. Permit must be available on site with the person performing
8.
Future permit may be denied for any reason. The
hay harvesting operation.
Petitioner recognizes the permit contains no property right
and no guarantee of future permits being issued.
Liability
9.
Haying will not be permitted on Interstate Highway right-of-
1.
The Petitioner, his successor, or assigns shall assume all
way.
risk and liability for injuries, accidents, damages and loss
that may occur to persons or property as a result of this
Performance
work conducted pursuant to this permit including any injury
or damage which may result from debris, foreign objects or
1.
All work shall be conducted in accordance with the
chemical contamination resulting from handling or feeding
requirements of this permit and attachments hereto.
hay obtained through this permit. Petitioner shall indemnify
2.
All workers shall wear approved high visibility safety vest
and hold harmless the Secretary from any and all costs,
(ANSI/ISO 107-2004) class II, standard, 23 CFR Part 634.
liabilities, expenses, suits, judgments, or damages to
person, to property, or claims of any nature arising out of or
3.
Mowing shall be continuous within the designated area.
in connection with this permit or the actions of the
Selective mowing and bale to avoid noxious weeds will be
Petitioner, Petitioner’s employees, agents or sub-
permitted.
contractors.
4.
The following area shall not be mowed:
2.
KDOT make no warranties, either express or implied
regarding the quality of hay obtained through this permit.
a.
Newly seeded areas where adequate vegetation is not
established;
3.
The Petitioner assumes all liability pertaining to the quality
of hay obtained through this permit.
b.
Sparse or marginal vegetative cover;
4.
The Petitioner shall be liable for any damage to KDOT
c.
Within 8’ of the shoulder edge of traveled lanes or
highway right-of-way, fences, signs, guardrail, trees and
ramps;
shrubs or appurtenances as a result of this work.
d.
Slopes 3:1 or steeper slope, highly erodible slopes and
waterways;
Rev. 1-2014b
D.O.T. Form No. 317
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