The U.S. Fish and Wildlife Service would like to remind everyone of the rules and regulations pertaining to the mowing and haying of ditches/ right-of-ways within the boundaries of federal Waterfowl Production Areas (WPA). WPAs, which are part of the National Wildlife Refuge System, are public lands purchased by the federal government for the purpose of increasing the production of migratory birds, especially waterfowl.
These ditches/right-of-ways provide critical nesting habitat for waterfowl and other ground nesting birds. Because these areas are so important for ground nesting birds, the mowing or haying of them is illegal.
The following is a list of some of the federal and state regulations that prohibit the mowing and haying of these ditches:
Federal Regulations
50 CFR 21 – No person shall take any animal or plant on any national wildlife refuge national wildlife refuge
A national wildlife refuge is typically a contiguous area of land and water managed by the U.S. Fish and Wildlife Service for the conservation and, where appropriate, restoration of fish, wildlife and plant resources and their habitats for the benefit of present and future generations of Americans.
Learn more about national wildlife refuge (WPA)50 CFR 51(a) – Disturbing, injuring,…. destroying, collecting (haying), or attempting to disturb, injure,…. destroy or collect any plant or animal on any national wildlife refuge (WPA) is prohibited except by special permit.
State Regulations
- 60.2715(a) – Except for the actions of the road authority, ….. it is unlawful to: (2)….perform any other detrimental operation within the road right-of-way (covers haying) except in the preparation of the land for planting vegetative cover or as authorized under section 160.232
- 60.232(a) – To provide enhanced roadside habitat for nesting birds and other small wildlife, road authorities may not mow or till the right-of-way of a highway located outside of a home rule charter or statutory city except as allowed in this section.
- 60.232(c) – An entire right-of-way may be mowed (not hayed) after July 31. From August 31st to the following July 31st, the entire right-of-way may only be mowed if necessary for safety reasons, but may not be mowed to a height of less than 12 inches.
- 60.232(f) – When feasible, road authorities are encouraged to utilize low maintenance, native vegetation that reduces the need to mow, provides wildlife habitat, and maintains public safety.
The US Fish and Wildlife Service will be posting these critical WPA road ditches to remind and help people to protect these needed resource areas. Your cooperation is truly appreciated. Please contact the Litchfield Wetland Management District at 320-693-2849 with your questions, comments, and concerns.
The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 96-million-acre National Wildlife Refuge System, which encompasses 545 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 69 national fish hatcheries, 64 fishery resources offices and 81 ecological services field stations. The agency enforces federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign and Native American tribal governments with their conservation efforts. It also oversees the Federal Assistance program, which distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state fish and wildlife agencies.
