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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1991 

                         CHAPTER 99-H.F.No. 357 
           An act relating to highways; authorizing political 
          subdivisions to require notice before constructing or 
          repairing utility structures or equipment in, along, 
          over, or under a road, street, or highway 
          right-of-way; requiring subsequent restoration to a 
          town road; amending Minnesota Statutes 1990, sections 
          164.36; and 222.37, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, section 164.36, is 
amended to read: 
    164.36 [TOWN AUTHORITY OVER RECORDED ROADS.] 
    The town board has authority within the 66-foot 
right-of-way to:  
    (1) maintain or reconstruct a recorded road used for 
vehicular travel; 
    (2) dispose of snow; 
    (3) plant trees and shrubs that it considers appropriate; 
    (4) remove trees and other woody vegetation as provided in 
section 160.22; 
    (5) allow the placement of highway directional and 
informational signs as provided in section 169.06, subdivision 
3; 
    (6) allow the placement of electrical and telephone poles, 
pipelines, and electrical, telephone, or television cables, and 
to require prior notice of the proposed placement and 
restoration of the right-of-way to its condition immediately 
prior to the placement; 
    (7) control weeds and regulate the cutting or complete 
removal of nonwoody vegetation; and 
    (8) regulate erosion, drainage, public nuisances, and 
matters of public interest. 
    Sec. 2.  Minnesota Statutes 1990, section 222.37, 
subdivision 1, is amended to read: 
    Subdivision 1.  [USE REQUIREMENTS.] Any water power, 
telegraph, telephone, pneumatic tube, pipeline, community 
antenna television, cable communications or electric light, 
heat, or power company may use public roads for the purpose of 
constructing, using, operating, and maintaining lines, subways, 
canals, or conduits, for their business, but such lines shall be 
so located as in no way to interfere with the safety and 
convenience of ordinary travel along or over the same; and, in 
the construction and maintenance of such line, subway, canal, or 
conduit, the company shall be subject to all reasonable 
regulations imposed by the governing body of any county, town or 
city in which such public road may be.  If the governing body 
does not require the company to obtain a permit, a company shall 
notify the governing body of any county, town, or city having 
jurisdiction over a public road prior to the construction or 
major repair, involving extensive excavation on the road 
right-of-way, of the company's equipment along, over, or under 
the public road, unless the governing body waives the notice 
requirement.  A waiver of the notice requirement must be renewed 
on an annual basis.  For emergency repair a company shall notify 
the governing body as soon as practical after the repair is 
made.  Nothing herein shall be construed to grant to any person 
any rights for the maintenance of a telegraph, telephone, 
pneumatic tube, community antenna television system, cable 
communications system, or light, heat, or power system within 
the corporate limits of any city until such person shall have 
obtained the right to maintain such system within such city or 
for a period beyond that for which the right to operate such 
system is granted by such city. 
    Presented to the governor May 14, 1991 
    Signed by the governor May 17, 1991, 11:26 a.m.