Minnesota Legislature
SF 2161
as introduced - 92nd Legislature (2021 - 2022) Posted on 03/19/2021 08:10am
Current Version - as introduced
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A bill for an act
relating to transportation; amending the requirements for detour designations;
establishing an appeals process; amending Minnesota Statutes 2020, section 161.25.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 161.25, is amended to read:
161.25 TEMPORARY TRUNK HIGHWAY DETOUR; HAUL ROAD.
new text begin Subdivision 1. new text end
new text begin Official detours and haul roads. new text end
new text begin (a) new text end If, for the purpose of constructing
or maintaining any trunk highway, the use of any public street or highway is necessary for
a detour or haul road, the commissioner deleted text begin maydeleted text end new text begin mustnew text end designate any such street or highway as
deleted text begin adeleted text end new text begin an officialnew text end temporary trunk highway detour or as a temporary trunk highway haul road,
and shall thereafter maintain the same as a temporary trunk highway until the commissioner
revokes the designation.new text begin A local unit of government may request that the commissioner
designate an official detour or haul road. Upon receiving the request, the commissioner
must evaluate the request and must designate an official detour or haul road unless the
commissioner determines that the request is unreasonable.
new text end
new text begin
(b) When designating an official detour or haul road, the commissioner must notify the
local unit of government of the need of a detour or haul road and submit proposed routes
for the detour or haul road. The local unit of government must be allowed to have input on
which route is preferable or propose an alternative route. The commissioner must enter into
an agreement with the local unit of government to designate the official detour or haul road.
The agreement must, at a minimum, include a description of the condition of the road at
the time the agreement is signed, the method for determining damage to the road during its
use as an official detour or haul road, how damage will be measured and assessed, and
which party is responsible for monitoring the condition of the road.
new text end
new text begin
(c) The commissioner must provide adequate signage to mark detours and haul roads.
new text end
new text begin Subd. 2. new text end
new text begin Unofficial detours. new text end
new text begin
As an alternative to an official detour, the commissioner
and a local unit of government may enter into an agreement for an unofficial detour as a
means to compensate the local unit of government for increased maintenance costs associated
with the increase of traffic on local roads. The agreement must, at a minimum, include a
description of the condition of the road at the time the agreement is signed, the method for
determining damage to the road during its use as a detour or haul road, how damage will
be measured and assessed, and which party is responsible for monitoring the condition of
the road. A local unit of government may request that the commissioner enter into an
agreement for an unofficial detour. Upon receiving the request, the commissioner must
evaluate the request and must enter into an agreement for an unofficial detour unless the
commissioner determines the request is unreasonable.
new text end
new text begin Subd. 3. new text end
new text begin Restoration; damages. new text end
Prior to revoking the designation new text begin of an official or
unofficial detour or haul road, new text end the commissioner shall restore such deleted text begin streets or highwaysdeleted text end new text begin roadsnew text end
to as good condition as they were prior to the designation deleted text begin of samedeleted text end as temporary trunk
highways. Upon revoking the designation, the street or highway shall revert to the subdivision
charged with deleted text begin thedeleted text end new text begin itsnew text end care deleted text begin thereofdeleted text end at the time it was taken over as a temporary trunk highway.
new text begin Subd. 4. new text end
new text begin Damages; no detour or haul road designated. new text end
new text begin
(a) A local unit of government
may notify the commissioner if traffic is increased on the local streets that are not designated
as an official or unofficial detour or haul road and the increase in traffic is related to a
construction project of the department. The district office must promptly assess the condition
of the roads subjected to increased traffic. Once the construction project is complete and
traffic volume returns to the pre-construction level, the commissioner must again assess the
condition of the road. The commissioner must restore such roads to as good condition as
they were in during the initial assessment.
new text end
new text begin
(b) As an alternative to paragraph (a), if traffic is increased on the local streets that are
not designated as an official or unofficial detour or haul road and the increase in traffic is
related to a construction project of the department, the local unit of government may monitor
the condition of the road and assess the damage incurred as a result of the increased traffic
for the purpose of requesting reimbursement from the commissioner to pay for the damage
to the road. Upon submitting proof of the increased volume of traffic and the increased
damage to the roads, the commissioner must either pay the requested amount of damages
or restore such roads to as good condition as they were in during the initial assessment. The
local unit of government must notify the commissioner of the intent to make such a request
at the time the local unit of government begins the initial assessment of the condition. The
commissioner may also make assessments of the condition of the road.
new text end
new text begin Subd. 5. new text end
new text begin Appeal. new text end
new text begin
(a) If the local government and the commissioner cannot agree to any
terms of the agreement required by this section, the amount or extent of damage, or how
much work is required to restore the road to its prior condition, either party may request a
decision by an appeal board. The appeal board must consist of one member appointed by
the commissioner, one member appointed by the local unit of government, and a third
member agreed upon by both the commissioner and the local unit of government. If the
commissioner and the local unit of government cannot agree upon the third member, the
chief justice of the supreme court shall appoint a third member within 14 days of the request
being made to the chief justice.
new text end
new text begin
(b) Within 30 days after the appeal board is established, the appeal board shall hold a
hearing at which the commissioner and the local unit of government may present the
arguments on the issues in contention. The appeal board shall make a decision no later than
30 days after the hearing. Unless otherwise agreed by the parties, the recommendations are
final and are binding on the commissioner and local unit of government.
new text end