HF 672

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; authorizing county review 
  1.3             and approval of plats on real property that is 
  1.4             bordering existing or proposed county highways; 
  1.5             amending Minnesota Statutes 1998, section 505.03, 
  1.6             subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 505.03, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [PRELIMINARY PLAT; ROAD REVIEW.] (a) Any proposed 
  1.11  preliminary plat which includes lands abutting upon any existing 
  1.12  or established trunk highway or proposed highway which has been 
  1.13  designated by a centerline order filed in the office of the 
  1.14  county recorder shall first be presented to the commissioner of 
  1.15  transportation for written comments and recommendations.  Where 
  1.16  any preliminary plat includes land abutting upon an existing or 
  1.17  established county or county state aid highway, it shall first 
  1.18  be submitted to the county engineer for written comments and 
  1.19  recommendations.  Preliminary plats involving both a trunk 
  1.20  highway and a highway under county jurisdiction shall be 
  1.21  submitted to the commissioner of transportation and the county 
  1.22  highway engineer as provided in paragraph (b).  Plats shall be 
  1.23  submitted to the commissioner of transportation for review at 
  1.24  least 30 days prior to the home rule charter or statutory city, 
  1.25  town or county taking final action on the preliminary plat.  The 
  1.26  commissioner of transportation and/or the county highway 
  2.1   engineer shall submit the written comments and recommendations 
  2.2   to the city, town, or county within 30 days after receipt by 
  2.3   them of such a plat.  Final action on such plat by the city, 
  2.4   town, or county shall not be taken until after these required 
  2.5   comments and recommendations have been received or until the 30 
  2.6   day period has elapsed.  
  2.7      (b) Any proposed preliminary plat or initial plat filing 
  2.8   that includes land bordering an existing or proposed county 
  2.9   road, highway, or county state-aid highway that is designated on 
  2.10  a map or county highway plan filed in the office of the county 
  2.11  recorder or registrar of titles, must be submitted to the county 
  2.12  engineer for written comments and recommendations.  The county 
  2.13  engineer's review shall be limited to the following factors of 
  2.14  county significance: 
  2.15     (1) ingress and egress to and from county roads and 
  2.16  highways; 
  2.17     (2) approach grade intersection with county roads and 
  2.18  highways; 
  2.19     (3) drainage; 
  2.20     (4) safety standards; 
  2.21     (5) right-of-way requirements that have been established by 
  2.22  the county board for county roads and highways; 
  2.23     (6) local road system integration with the county road and 
  2.24  highway system; and 
  2.25     (7) land use impact of development on county roads and 
  2.26  highways. 
  2.27     After reviewing the preliminary plat or initial plat 
  2.28  filing, the county engineer shall provide, within 30 days, 
  2.29  written comments stating whether the plat meets county approval 
  2.30  and what modifications are necessary to bring the plat into 
  2.31  conformity with those areas subject to review by the county.  If 
  2.32  the county engineer determines that the preliminary plat or 
  2.33  initial plat filing is too complex or incomplete to complete a 
  2.34  review within the 30-day comment period, the county engineer 
  2.35  shall notify the appropriate city or town clerk; in this case 
  2.36  the county comment period shall be extended by 15 days.  No home 
  3.1   rule charter city, statutory city, or town may grant final 
  3.2   approval of a plat until it has received the county engineer's 
  3.3   written comments and recommendations on the preliminary plat or 
  3.4   the county comment period has expired, whichever occurs first.  
  3.5   After approving the final plat affecting real property which 
  3.6   borders an existing or proposed county road or highway, the home 
  3.7   rule charter city, statutory city, or town shall forward the 
  3.8   final plat to the county engineer for county board approval.  
  3.9   The final plat submittal to the county shall specifically 
  3.10  address the disposition of any written comments or 
  3.11  recommendations made by the county engineer during the county 
  3.12  engineer's review of the preliminary plat.  The county board 
  3.13  shall have 30 days from the date it was received by the county 
  3.14  engineer to approve the final plat.  If the county board does 
  3.15  not act to approve or disapprove the final plat within 30 days 
  3.16  it shall be considered approved.  No person shall obtain a 
  3.17  building permit from a home rule charter city, statutory city, 
  3.18  or town for construction in conformance with any plat which 
  3.19  borders an existing or proposed county road or highway until the 
  3.20  plat has been approved by the county board. 
  3.21     (c) A legible preliminary drawing or print of a proposed 
  3.22  preliminary plat shall be acceptable for purposes of review by 
  3.23  the commissioner of transportation or the county highway 
  3.24  engineer.  To such drawing or print there shall be attached a 
  3.25  written statement describing; (1) the outlet for and means of 
  3.26  disposal of surface waters from the proposed platted area, (2) 
  3.27  the land use designation or zoning category of the proposed 
  3.28  platted area, (3) the locations of ingress and egress to the 
  3.29  proposed platted area, and (4) a preliminary site plan for the 
  3.30  proposed platted area, if one has been prepared with dimensions 
  3.31  to scale, authenticated by a registered engineer or land 
  3.32  surveyor, showing the existing or proposed state highway, county 
  3.33  road, or county highway and all existing and proposed 
  3.34  rights-of-way, easements, general lot layouts, and lot 
  3.35  dimensions.  Failure to obtain the written comments and 
  3.36  recommendations of the commissioner of transportation or the 
  4.1   county highway engineer shall in no manner affect the title to 
  4.2   the lands included in the plat or the platting of said lands.  A 
  4.3   certificate or other evidence shall be required to or upon the 
  4.4   plat for filing in the office of the county recorder or 
  4.5   registrar of titles as to the required county approval or 
  4.6   submission of or the obtaining of such written comments and 
  4.7   recommendations of the commissioner of transportation.  The home 
  4.8   rule charter or statutory city, town or county shall provide the 
  4.9   certificate or other evidence to the county recorder or 
  4.10  registrar of titles.