Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 417-H.F.No. 1824
           An act relating to transportation; authorizing vending 
          machines in rest areas, tourist information centers 
          and weigh stations on certain highways; providing for 
          installation of drain tile along or across highways; 
          delineating debt collection authority of the 
          department of transportation; providing for the 
          erection of certain signs by counties; permitting 
          restaurants to be included on specific service signs; 
          providing for the clustering and spacing of specific 
          service signs; directing the commissioner of 
          transportation to establish a sign franchise program 
          for the placement of advertising logos on the 
          right-of-way of certain highways; authorizing road 
          authorities to assist each other; redefining 
          "directional signs" for purposes of outdoor 
          advertising control and directing the commissioner of 
          transportation to develop uniform standards for them; 
          reducing a fee; repealing a restriction on the 
          authority of the commissioner of transportation to 
          expend money to acquire or condemn advertising 
          devices; amending Minnesota Statutes 1982, sections 
          160.08, subdivision 7; 160.20, subdivision 3, and by 
          adding a subdivision; 160.28, by adding a subdivision; 
          160.283, subdivision 3; 160.285; 160.292; 160.293, 
          subdivisions 1 and 3; 160.295, subdivisions 2 and 3; 
          161.20, subdivision 4; 161.39, subdivisions 1, 5, and 
          6; 169.01, by adding a subdivision; 169.14, 
          subdivision 2, and by adding a subdivision; 173.02, 
          subdivision 6; and 173.13, subdivision 7; Minnesota 
          Statutes 1983 Supplement, section 173.13, subdivision 
          4; and Laws 1983, chapter 293, section 2, subdivision 
          4; proposing new law coded in Minnesota Statutes, 
          chapters 160 and 173. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 160.08, 
subdivision 7, is amended to read:  
    Subd. 7.  [NO COMMERCIAL ESTABLISHMENT WITHIN 
RIGHT-OF-WAY.] No commercial establishment, including but not 
limited to automotive service stations, for serving motor 
vehicle users shall be constructed or located within the 
right-of-way of, or on publicly-owned or publicly-leased land 
acquired or used for or in connection with, a controlled access 
highway,; except that (1) structures may be built within safety 
rest and tourist information center areas and; (2) space within 
state owned buildings in those areas may be leased for the 
purpose of providing information to travelers through commercial 
and public service advertising pursuant to under franchise 
agreements as provided in sections 160.276 to 160.278; (3) 
advertising signs may be erected within the right-of-way of 
interstate or controlled-access trunk highways by franchise 
agreements under section 12; and (4) vending machines may be 
placed in rest areas, tourist information centers, or weigh 
stations constructed or located within trunk highway 
rights-of-way.  
    Sec. 2.  Minnesota Statutes 1982, section 160.20, 
subdivision 3, is amended to read:  
    Subd. 3.  [INSTALLATION OF DRAIN TILE ALONG OR ACROSS 
HIGHWAY RIGHT-OF-WAY.] (a) When the course of natural drainage 
of any land runs to a highway, the owner of the land who has 
been granted a permit as provided in this subdivision 4 may 
install drain tile along or across the highway right-of-way 
along the general course of the natural drainageway, provided 
further that there will be no diversion of drainage waters away 
from the natural receiving drainageway immediately downstream 
from the highway.  Any installation shall be made in accordance 
with specifications set forth in the permit and any rules that 
apply to the installations.  When any installation is made 
pursuant to this subdivision the highway shall be left in as 
good condition in every respect as it was before the 
installation was made.  
    (b) Any road authority may accept applications for permits 
for installation of drain tile along or across the right-of-way 
of a highway under its jurisdiction.  The road authority may 
adopt reasonable rules for the installations and may require a 
bond before granting any permit.  Permits for installation along 
a highway right-of-way shall insure that the length of the 
installation is restricted to the minimum necessary to achieve 
the desired agricultural benefits.  No permit shall allow any 
open trenches to be left on the right-of-way after installation 
of drain tile is completed.  A road authority that grants a 
permit for drain tile installation shall not be responsible for 
any damage to that installation resulting from the action of the 
authority or any other permittee utilizing the right-of-way.  
    (c) Any person who installs drain tile along or across a 
highway right-of-way without obtaining a permit as provided in 
this subdivision is guilty of a misdemeanor.  
    (d) The commissioner shall take no action pursuant to this 
subdivision which will result in the loss of any federal aid for 
highway construction in this state.  
    (e) For the purpose of this subdivision "highway"  means 
any highway as defined in this chapter which is located outside 
the corporate limits of any home rule charter or statutory city. 
    Sec. 3.  Minnesota Statutes 1982, section 160.20, is 
amended by adding a subdivision to read:  
    Subd. 4.  [CONDITIONS.] (a) A road authority may accept 
applications for permits for installation of drain tile along or 
across the right-of-way under its jurisdiction.  The road 
authority may adopt reasonable rules for the installations and 
may require a bond before granting a permit.  Permits for 
installation along a highway right-of-way must ensure that the 
length of the installation is restricted to the minimum 
necessary to achieve the desired agricultural benefits.  A 
permit must not allow open trenches to be left on the 
right-of-way after installation of the drain tile is completed. 
A road authority that grants a permit for tile drain 
installation is not responsible for damage to that installation 
resulting from the action of the authority or any other 
permittee utilizing the right-of-way.  
    (b) A person who installs drain tile along or across a 
highway right-of-way without obtaining a permit as provided in 
this section is guilty of a misdemeanor.  
    (c) The commissioner shall take no action under this 
section which will result in the loss of federal aid for highway 
construction in the state.  
    (d) For the purpose of this section, "highway" means any 
highway as defined in section 160.02 which is located outside 
the corporate limits of a home rule charter or statutory city.  
    Sec. 4.  Minnesota Statutes 1982, section 160.28, is 
amended to read: 
    160.28 [PLANS FOR REST AREAS, TOURIST INFORMATION CENTERS 
AND WEIGH STATIONS; VENDING FACILITIES.] 
    The provisions of Subdivision 1.  Any other law to the 
contrary notwithstanding, the commissioner of transportation is 
hereby authorized to cause to be prepared plans and 
specifications and detailed designs for the construction of 
buildings and facilities for rest areas, tourist information 
centers in combination with rest areas, and weigh stations when 
he the commissioner deems such these buildings and facilities to 
be necessary in the interest of safety and convenient public 
travel on highways. 
    Subd. 2.  [VENDING MACHINES.] Any other law to the contrary 
notwithstanding, the commissioner may contract for or authorize 
the placement of vending machines in rest areas, tourist 
information centers, and weigh stations on marked interstate 
highways 35 and 94 for the purpose of dispensing nonalcoholic 
drinks, candy, potato chips, popcorn, peanuts, cookies, or gum. 
The commissioner shall only place vending machines operated 
under United States Code, title 20, sections 107 to 107e and as 
provided in section 248.07.  
    Sec. 5.  Minnesota Statutes 1982, section 160.283, 
subdivision 3, is amended to read: 
    Subd. 3.  For the purposes of sections 160.283 to 160.285 
the term "resort" shall be as defined in Minnesota Statutes 
1969, section 157.01 or a golf course, restaurant, or motel as 
defined in section 157.01 or recreational camping area as 
defined in section 327.14, subdivision 8. 
    Sec. 6.  Minnesota Statutes 1982, section 160.285, is 
amended to read: 
    160.285 [COUNTY PARTICIPATION.] 
    Subdivision 1.  Any county of this state is authorized to 
expend county road and bridge funds for the purchase of such 
signs under section 160.283 from the department of 
transportation, and for the erection of such signs along or 
adjacent to highways under their jurisdiction or along and 
adjacent to town roads within the county.  A certified copy of 
the resolution of the board of county commissioners authorizing 
the purchase of a specified number of such signs shall be 
forwarded to the department of transportation., provided that 
the cost of such the signs to the counties shall must be 100 
percent of the actual cost to the department of transportation 
for the purchase of the signs.  The counties may sell the signs 
to any person, provided that the sale price shall be 75 percent 
of the cost of such signs to the county reimbursed by the 
requestor. 
    Subd. 2.  Any county participating shall Counties may erect 
such and maintain these signs at its own the expense as it 
deems necessary of the requestor on those county state-aid 
highways, county highways and town roads designated in section 
160.283, subdivision 2 provided that such these signs shall be 
erected in a manner acceptable to the department of 
transportation and shall not be erected closer than 500 feet 
from trunk highways forming a part of the interstate system as 
provided in section 173.16, subdivision 4, clause (4), or closer 
than 300 feet from other trunk highways as provided in section 
173.16, subdivision 4, clause (5). 
    Subd. 3.  All money received from the purchase of signs 
from any county shall must be deposited in the state treasury 
and credited to a special account to be known as the local sign 
account.  All money in such account is appropriated to the 
department of transportation for use in carrying out the 
provisions of sections 160.283 to 160.285 the trunk highway fund.
    Sec. 7.  Minnesota Statutes 1982, section 160.292, is 
amended to read: 
    160.292 [INFORMATION SIGNS FOR RESORTS AND RECREATIONAL 
CAMPING AREAS; DEFINITIONS.] 
    Subdivision 1.  For the purposes of sections 160.292 to 
160.296 the terms defined in this section have the meanings 
given them. 
    Subd. 2.  "Specific service sign" means a rectangular sign 
panel not greater than 1-1/2 feet by six feet displaying a 
motel, restaurant, resort or recreational camping area business 
name and, where appropriate, the direction to and distance to 
the camping area, motel, restaurant, or resort. 
    Subd. 3.  "Specific service sign assembly" means a 
combination of specific service sign panels not to exceed four 
panels to be placed within the right of way on appropriate 
approaches to an intersection. 
    Subd. 4.  "Specific service sign cluster" means a grouping 
of specific service sign assemblies not exceeding two in number 
on appropriate approaches to an intersection. 
    Subd. 5.  "Nonfreeway type highway" means all roadways with 
crossing traffic at grade intersections except the roadway may 
have an isolated interchange. 
    Subd. 6.  "Resort" has the meaning given it in section 
157.01. 
    Subd. 7.  "Motel" has the meaning given to the word "hotel" 
in section 157.01.  
    Subd. 7a.  "Restaurant" has the meaning given it in section 
157.01.  
    Subd. 8.  "Recreational camping area" has the meaning given 
it in section 327.14, subdivision 8. 
    Subd. 9.  "Local road" means any nontrunk highway. 
    Subd. 10.  "Specific service" means restaurants, motels, 
resorts or recreational camping areas that provide sleeping 
accommodations for the recreational traveler. 
    Sec. 8.  Minnesota Statutes 1982, section 160.293, 
subdivision 1, is amended to read:  
    Subdivision 1.  [PURPOSE.] Specific service signs are to be 
used to create and implement a system of signing for the purpose 
of displaying motel, restaurant, resort and recreational camping 
area information to the traveling public on nonfreeway type 
trunk highways in rural areas.  
    Sec. 9.  Minnesota Statutes 1982, section 160.293, 
subdivision 3, is amended to read: 
    Subd. 3.  [NUMBER OF TRUNK HIGHWAY INTERSECTIONS.] A 
specific service sign for a restaurant, motel, resort or 
recreational camping area is limited to one intersection on the 
trunk highway system. 
    Sec. 10.  Minnesota Statutes 1982, section 160.295, 
subdivision 2, is amended to read: 
    Subd. 2.  [DISTANCE TO SPECIFIC SERVICE.] A specific 
service sign may be placed on a nonfreeway type road if the 
specific service is located within ten 15 miles of the 
qualifying site.  
    Sec. 11.  Minnesota Statutes 1982, section 160.295, 
subdivision 3, is amended to read: 
    Subd. 3.  [MOTEL, RESTAURANT, AND RESORT WARRANT.] Motels, 
restaurants, and resorts served by the specific service signing 
shall be licensed by the state department of health as required 
by section 157.03. 
    Sec. 12.  [160.80] [SIGN FRANCHISE PROGRAM.] 
    Subdivision 1.  [COMMISSIONER MAY ESTABLISH PROGRAM.] The 
commissioner of transportation may establish a sign franchise 
program for the purpose of providing on the right-of-way of 
interstate and controlled-access trunk highways specific 
information on gas, food, camping, and lodging, for the benefit 
of the motoring public.  
    Subd. 2.  [FRANCHISES.] The commissioner may, by public 
negotiation or bid, grant one or more franchises to qualified 
persons to erect and maintain, on the right-of-way of interstate 
and controlled-access trunk highways, signs informing the 
motoring public of gas, food, lodging, and camping facilities. A 
franchisee shall furnish, install, maintain, and replace signs 
for the benefit of advertisers who provide gas, food, lodging, 
and camping facilities for the general public, and lease 
advertising space on the signs to operators of these facilities. 
    Subd. 3.  [COSTS.] All costs incurred under the program 
established by this section must be paid under agreements 
negotiated between a franchisee and an advertiser or 
advertisers, unless otherwise provided in the contract between 
the commissioner and the franchisee.  
    Subd. 4.  [CONTRACT REQUIREMENTS.] All contracts made by 
the commissioner with a franchisee must provide for:  
    (1) a requirement that the franchisee obtain liability 
insurance in an amount the commissioner determines, jointly 
insuring the state and the franchisee against all liability for 
claims for damages occurring wholly or in part because of the 
franchise; and 
    (2) reasonable standards for the size, design, erection, 
and maintenance of service information signs and the advertising 
logos thereon.  
    The commissioner may require additional terms and 
conditions, including but not limited to provisions on the 
renewal and termination of the agreement, and in the event of 
termination the rights of the state and franchisee relative to 
the franchisee's advertising contracts.  
    Subd. 5.  [RESTRICTIONS.] The commissioner shall take no 
action under this section which will result in the loss to the 
state of any federal highway construction funds.  
    Subd. 6.  [ADVISORY COMMITTEE.] The commissioner shall 
appoint a committee of at least one representative of each of 
the four industries eligible for signing under this section and 
at least three representatives of the department of 
transportation, for the purpose of advising him on the sign 
franchise program.  
    Sec. 13.  Minnesota Statutes 1982, section 161.20, 
subdivision 4, is amended to read:  
    Subd. 4.  [DEBT COLLECTION.] The commissioner shall make 
reasonable and businesslike efforts to collect money owed to the 
department for licenses, fines, penalties, and permit fees or 
arising from damages to state-owned property and or other causes 
related to trunk highways the activities of the department of 
transportation.  When a debt has been reduced to a money 
judgment, the commissioner may contract for debt collection 
services for the purpose of collecting the judgment.  The 
commissioner may enter into an agreement with the commissioner 
of public safety for the purpose of using debt collection 
services authorized by this subdivision when civil penalties 
relating to the use of highways have been reduced to money 
judgment.  Money received as full or partial payment shall be 
deposited in to the trunk highway appropriate fund.  When money 
is collected through contracted services, the commissioner may 
make payment for the service from the money collected.  The 
amount necessary for payment of contractual collection costs is 
appropriated from the trunk highway fund to which money so 
collected is deposited.  
    Sec. 14.  Minnesota Statutes 1982, section 161.39, 
subdivision 1, is amended to read:  
    Subdivision 1.  [TECHNICAL AND ENGINEERING ASSISTANCE, 
SURVEYS AND, PLANS, AND MAINTENANCE.] Upon the request of any 
another road authority, any road authority including the 
commissioner and the road authority of any city, the 
commissioner township, or county may provide technical and 
engineering advice, assistance and supervision to the requesting 
road authority; and may make surveys and prepare plans for the 
location, construction, and reconstruction of and perform 
maintenance on any highway, street, road, or bridge under the 
jurisdiction of the requesting road authority.  
    Sec. 15.  Minnesota Statutes 1982, section 161.39, 
subdivision 5, is amended to read:  
    Subd. 5.  [PAYMENT FOR SERVICES.] The cost of the work or 
services performed under the provisions of this section shall be 
paid by the road authority, department or agency for which the 
work or services were performed.  All money received or expended 
therefor shall be credited or debited to the trunk highway fund. 
    Sec. 16.  Minnesota Statutes 1982, section 161.39, 
subdivision 6, is amended to read:  
    Subd. 6.  [AGREEMENTS REGARDING SERVICES.] The road 
authorities, including road authorities of cities, townships, 
counties, state departments, or agencies may enter into 
agreements with the commissioner setting forth the work or 
services to be performed by the commissioner or the road 
authority under the provisions of this section and providing for 
the method of reimbursement to or from the trunk highway fund of 
the cost thereof.  
    Sec. 17.  Minnesota Statutes 1982, section 173.02, 
subdivision 6, is amended to read: 
    Subd. 6.  Directional and other official signs and notices 
shall mean: 
    (a) "Official signs and notices" mean signs and notices 
erected and maintained by public officers or public agencies 
within their territorial jurisdiction and pursuant to and in 
accordance with direction or authorization contained in federal 
or state law for the purposes of carrying out an official duty 
or responsibility.  Historical markers authorized by state law 
and erected by state or local governmental agencies or nonprofit 
historical societies may be considered official signs.  
    (b) "Public utility signs" mean warning signs, notices, or 
markers which are customarily erected and maintained by publicly 
or privately owned public utilities, as essential to their 
operations.  
    (c) "Service club and religious notices" mean signs and 
notices, not exceeding eight square feet in advertising area, 
whose erection is authorized by law, relating to meetings and 
location of nonprofit service clubs or charitable associations, 
or religious services.  
    (d) "Directional signs" means publicly owned signs 
containing directional information about public places owned or 
operated by federal, state, or local governments or their 
agencies, publicly or privately owned natural phenomena, 
historic, cultural, education scientific, educational, and 
religious sites, and areas of natural scenic beauty or naturally 
suited for outdoor recreation, deemed to be in the interest of 
the traveling public.  To qualify for directional signs, 
privately owned attractions must be nationally or regionally 
known, and of outstanding interest to the traveling public.  
    (e) All definitions in this subdivision are intended to be 
in conformity with the national standards for directional and 
other official signs.  
    Sec. 18.  [173.081] [DIRECTIONAL SIGNS.] 
    The commissioner of transportation shall develop uniform 
standards for directional signs erected under this chapter.  The 
standards must provide for the size, lighting, spacing, design, 
colors, and maintenance of the signs.  The standards must 
provide that:  
    (1) no pictorial or photographic representations be placed 
on the signs;  
    (2) directional signs facing the same direction of travel 
may not be placed less than one mile apart;  
    (3) signs located adjacent to an interstate highway must be 
within 75 miles of the described activity, and those located 
adjacent to other trunk highways must be within 50 miles of the 
described activity; and 
    (4) not more than one directional sign for the same 
activity and facing the same direction of travel may be erected 
along a single marked highway approaching the activity.  
    The standards may provide eligiblity criteria, including 
visitor capacity, parking capacity, days and hours of operation, 
and annual and daily average attendance, for attractions 
qualifying for directional signs.  
    The commissioner shall take no action under this section 
which would result in the loss to the state of federal highway 
construction funds.  
    Sec. 19.  Minnesota Statutes 1983 Supplement, section 
173.13, subdivision 4, is amended to read: 
    Subd. 4.  The annual fee for each such permit or renewal 
thereof shall be as follows: 
    (1) If the advertising area of the advertising device does 
not exceed 50 square feet, the fee shall be $20. 
    (2) If the advertising area exceeds 50 square feet but does 
not exceed 300 square feet, the fee shall be $40. 
    (3) If the advertising area exceeds 300 square feet, the 
fee shall be $80. 
    (4) No fee shall be charged for a permit for directional 
and other official signs and notices as they are defined in 
section 173.02. 
    Sec. 20.  Minnesota Statutes 1982, section 173.13, 
subdivision 7, is amended to read:  
    Subd. 7.  A penalty of two times equal to one-half the 
annual fee shall be charged upon failure to pay the annual 
permit fee for renewal on or before August 1 of each year. 
    Sec. 21.  Laws 1983, chapter 293, section 2, subdivision 4, 
is amended to read:  
  Subd. 4.  Technical Services      28,573,600   28,158,500
The amounts that may be expended from 
this appropriation for each activity 
are as follows:  
Engineering Services 
   $ 18,024,800     $ 17,629,100
This appropriation includes $1,400,000 
each year for the purpose of delivery 
of an expanded highway development 
program.  If the appropriation for 
either year is insufficient, the 
appropriation for the other year is 
available for it.  
Engineering Development
   $  6,890,400     $  6,872,600
$75,000 the first year and $75,000 the 
second year is for a transportation 
research contingent account to finance 
research projects that are reimbursable 
from the federal government or from 
other sources.  Expenditures from this 
account are subject to the approval of 
the commissioner of finance.  
Reimbursements shall be deposited in 
the trunk highway fund.  If the 
appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it.  
State Aid Technical Assistance
   $    656,000     $    656,000
The variance committee shall be 
continued during the biennium ending 
June 30, 1985. 
Electronic Communications
   $  1,796,400     $  1,794,900
Environmental Services
   $  1,206,000     $  1,205,900
For the fiscal biennium ending June 30, 
1985, the commissioner shall spend no 
money to acquire or condemn outdoor 
advertising devices as defined in 
Minnesota Statutes, chapter 173.  
    Sec. 22.  [INSTRUCTIONS TO REVISOR.] 
    The revisor of statutes shall, in the next and subsequent 
editions of Minnesota Statutes, delete the headnote "INTERSTATE 
HIGHWAYS" from the beginning of chapter 173.  
    Sec. 23.  Minnesota Statutes 1982, section 169.01, is 
amended by adding a subdivision to read:  
    Subd. 67.  [ALLEYWAY.] "Alleyway" means a private or public 
passage or way located in a municipality and which (1) is less 
than the usual width of a street, (2) may be open to but is not 
designed primarily for general vehicular traffic, (3) intersects 
or opens to a street, and (4) is primarily used for the ingress 
and egress or other convenience of two or more owners of 
abutting real properties.  
    Sec. 24.  Minnesota Statutes 1982, section 169.14, 
subdivision 2, is amended to read:  
    Subd. 2.  [SPEED LIMITS.] Where no special hazard exists 
the following speeds shall be lawful, but any speeds in excess 
of such limits shall be prima facie evidence that the speed is 
not reasonable or prudent and that it is unlawful; except that 
the speed limit within any municipality shall be a maximum limit 
and any speed in excess thereof shall be unlawful: 
    (1) 30 miles per hour in an urban district; 
    (2) 65 miles per hour in other locations during the daytime;
    (3) 55 miles per hour in such other locations during the 
nighttime.;  
    (4) 10 miles per hour in alleys.  
    "Daytime" means from a half hour before sunrise to a half 
hour after sunset, except at any time when due to weather or 
other conditions there is not sufficient light to render clearly 
discernible persons and vehicles at a distance of 500 feet.  
"Nighttime" means at any other hour or at any time when due to 
weather or other conditions there is not sufficient light to 
render clearly discernible persons and vehicles at a distance of 
500 feet.  
    Sec. 25.  Minnesota Statutes 1982, section 169.14, is 
amended by adding a subdivision to read:  
    Subd. 5c.  [SPEED ZONING IN ALLEYWAYS.] Local authorities 
may regulate speed limits for alleyways as defined in section 
169.01 based on their own engineering and traffic 
investigations.  Alleyway speed limits established at other than 
10 miles per hour shall be effective when proper signs are 
posted.  
    Sec. 26.  [EFFECTIVE DATE.] 
    Sections 1 to 26 are effective the day following final 
enactment. 
    Approved April 22, 1984