A legislative battle is being fought this week over roadside ditches. That’s right — ditches.

To the average motorist traveling along state highways and roads, these ditches are just part of the landscape. But to farmers, the ditches are considered vital resources.

Many farmers have been mowing the ditches along their land for years. The grass is baled as hay and used as a food source for the farm animals such as cattle and horses. For years, many farmers and other landowners believed they owned the land right up to the center of the ditch. And every inch of land is valuable to the farming operation and can’t go unused. Unfortunately, owning the land up to the center is only the case for county and township roads. It’s not true for state roads.

Conservation groups see publicly owned roadsides a critical part of their protection strategies across the country. Such groups as Pheasants Forever and Xerces Society argue that land for wild growth is shrinking, which is bad news for wildlife such as pheasants and insects.

The controversy developed after the Minnesota Department of Transportation recently decided to enforce regulations put on the books more than 30 years ago. The regulations made it illegal to mow the ditches the full-width until after July 31. The mowing delay was built in to give the ringnecks and other birds the opportunity to nest and re-nest.

Landowners are now required to file for permits to mow the ditches by Jan. 31. If no permit is filed by Jan. 31, anyone can file a permit to mow the ditches.

Here are the requirements that go with the permit:

• A certificate of insurance. The amount of insurance shall have a limit of not less than $1 million per occurrence and $2 million in the aggregate.

• A Minnesota Department of Transportation approved high-visibility safety vest and a hard hat need to be worn by the person mowing the ditches

• A rotating amber light needs to be on the tractor used to mow the ditches

• No ditches can be mowed before Aug. 1 or after Aug. 31

• The area maintenance supervisor must be contacted prior to cutting and when finished

The cost of insurance may make the mowing too costly to reap any benefit from the hay. The time requirement is also probably too restrictive for the farmer to get any benefit from the grass.

State Rep. Chris Swedzinski, R-Ghent, is moving forward to fight for the farmers’ rights to mow the ditches without unnecessary government regulation.

“People are frustrated, ” Swedzinski said. “They see this as another example of government encroachment with unelected bureaucrats in St. Paul making decisions that illustrate yet again how out of touch they are with rural Minnesota.”

Swedzinki has authored a bill that prohibits road authorities from regulating when ditches may or may not be mowed and also prevents requiring permits to be obtained for mowing. He expects his bill to hit the House floor this week. The Senate has already approved a similar bill.

It’s important to protect habitats for pheasants, deer and other wildlife. However, ditches may not be the best place to offer that protection for larger animals. The chances of these animals showing up on the roadway could create dangerous situations.

And farmers claim waiting until August to harvest hay will greatly reduce the quality of hay to the point some farmers will probably decide it’s not worth it.

In the past, not only did farmers maintain weed control in the ditches, but cleared out tons of garbage thrown from passing vehicles. Farmers have a history of being good stewards of the land.

The idea of a farmer needing a permit to do what he or she has been doing safely for generations appears to be over-regulation. We urge the House to approve Swedzinski’s legislation.