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.
Official Publication of the State of Minnesota
Revisor of Statutes