1997 Minnesota Statutes

   160.27 Particular uses of right-of-way; misdemeanors. 

    Subdivision 1.    Public notices.  With the approval of 
 the proper road authority, billboards for the use and purpose of 
 displaying public notices only may be erected within the limits 
 of any public highway, including city streets. 

    Subd. 2.    Benches and shelters.  Benches and shelters 
 for the convenience and comfort of persons waiting for street 
 cars or buses may be placed and maintained within the limits of 
 any street or highway, including streets and highways within 
 cities, when a license, permit or franchise therefor is first 
 obtained from the road authority.  The owners may place 
 advertising on the benches and shelters if authorized by the 
 license, permit or franchise, provided that advertising on 
 shelters shall be limited to one-third of the vertical surface 
 of the shelter.  The benches shall not be placed or maintained 
 on the portion of the highway or street prepared and maintained 
 for vehicle traffic.  

    The council of any city may, by public negotiation or bid, 
 grant franchises for the construction, operation or maintenance 
 of bus shelters and benches on streets and highways within the 
 city.  The franchises shall be granted subject to terms and 
 conditions as the city may prescribe, including the payment of 
 compensation to the city.  This provision does not preclude the 
 requirement for obtaining permits from the appropriate road 
 authority having jurisdiction for construction within the limits 
 of any trunk highway, county highway, or county state-aid 
 highway. 

    On streets and highways outside of cities, the road 
 authority may, by public negotiation or bid, grant franchises 
 for the construction, operation or maintenance of bus shelters 
 and benches on streets and highways within the road authority's 
 jurisdiction.  The franchises shall be granted subject to terms 
 and conditions as the road authority may prescribe, including 
 the payment of compensation to the road authority. 

    Subd. 3.    Outdoor telephone booths.  (a) Outdoor 
 telephone booths may be placed and maintained within the limits 
 of any public highway, including city streets, when authorized 
 by a written permit issued by the proper road authority.  

    (b) The governing body of a city or town may grant 
 permission by license, permit, contract, or franchise to the 
 owner of an outdoor telephone booth located within the 
 right-of-way of a public highway or street to place advertising 
 on the booth.  This permission is subject to terms and 
 conditions prescribed by the city or town.  This paragraph does 
 not preclude requirements for obtaining permits from the 
 appropriate road authority having jurisdiction over a trunk 
 highway, county highway, or state-aid highway. 

    Subd. 4.    Customs inspection facilities.  United 
 States customs inspection facilities may be placed and 
 maintained within the limits of any public highway, including 
 city streets, when a written permit is issued for such 
 facilities by the proper road authority. 

    Subd. 5.    Misdemeanors.  Except for the actions of the 
 road authorities, their agents, employees, contractors, and 
 utilities in carrying out their duties imposed by law or 
 contract, and except as herein provided, it shall be unlawful to:

    (1) obstruct any highway or deposit snow or ice thereon; 

    (2) plow or perform any other detrimental operation within 
 the road right-of-way except in the preparation of the land for 
 planting permanent vegetative cover or as authorized under 
 section 160.232; 

    (3) erect a fence on the right-of-way of a trunk highway, 
 county state-aid highway, county highway or town road, except to 
 erect a lane fence to the ends of a livestock pass; 

    (4) erect or reconstruct driveway headwalls in or on the 
 right-of-way of a highway or road, except as may be allowed by 
 permit from the road authority imposing reasonable regulations 
 as are necessary to prevent interference with the construction, 
 maintenance, and safe use of the highway or road and its 
 appurtenances; 

    (5) dig any holes in any highway; except to locate markers 
 placed to identify sectional corner positions and private 
 boundary corners; 

    (6) remove any earth, gravel or rock from any highway; 

    (7) obstruct any ditch draining any highway or drain any 
 noisome materials into any ditch; 

    (8) place or maintain any building or structure within the 
 limits of any highway; 

    (9) place or maintain any advertisement within the limits 
 of any highway; 

    (10) paint, print, place, or affix any advertisement or any 
 object within the limits of any highway; 

    (11) deface, mar, damage, or tamper with any structure, 
 work, material, equipment, tools, signs, markers, signals, 
 paving, guardrails, drains, or any other highway appurtenance on 
 or along any highway; 

    (12) remove, injure, displace, or destroy right-of-way 
 markers, or reference or witness monuments, or markers placed to 
 preserve section or quarter section corners; 

    (13) improperly place or fail to place warning signs and 
 detour signs as provided by law; 

    (14) drive over, through, or around any barricade, fence, 
 or obstruction erected for the purpose of preventing traffic 
 from passing over a portion of a highway closed to public travel 
 or to remove, deface, or damage any such barricade, fence, or 
 obstruction. 

    Any violation of this subdivision is a misdemeanor. 

    Subd. 6.    Removal of unauthorized advertisement, 
 building, or structure.  The road 
 authorities may take down, remove, or destroy any advertisement, 
 building or structure in or upon any highway in violation of 
 this section. 

    HIST: 1959 c 500 art 1 s 27; 1973 c 123 art 5 s 7; 1977 c 334 
 s 1; 1979 c 275 s 1; 1980 c 435 s 1; 1980 c 533 s 2; 1986 c 387 
 s 1; 1986 c 398 art 27 s 2; 1986 c 435 s 1; 1989 c 179 s 2; 1995 
 c 23 s 1