Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 191-H.F.No. 1973
An act relating to transportation; regulating state
highways in municipalities; making conforming changes;
amending Minnesota Statutes 2000, sections 160.85,
subdivision 3; and 161.1245, subdivision 4; proposing
coding for new law in Minnesota Statutes, chapter 161;
repealing Minnesota Statutes 2000, sections 161.17;
161.171; 161.172; 161.173; 161.174; 161.175; 161.176;
161.177; and 473.181, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
HIGHWAY CONSTRUCTION THROUGH MUNICIPALITIES
Section 1. Minnesota Statutes 2000, section 160.85,
subdivision 3, is amended to read:
Subd. 3. [APPROVAL.] No road authority and private
operator may execute a development agreement without the
approval of the final agreement by the commissioner. A road
authority and private operator in the metropolitan area must
obtain the approvals required in sections 161.171 to 161.177
161.162 to 161.167 and 473.167, subdivision 1. Except as
otherwise provided in sections 161.162 to 161.167, the governing
body of a county or municipality through which a facility passes
may veto the project within 30 days of approval by the
commissioner.
Sec. 2. Minnesota Statutes 2000, section 161.1245,
subdivision 4, is amended to read:
Subd. 4. [ROUTE NO. 396.] Notwithstanding section 161.17
or other any state law to the contrary, the commissioner of
transportation shall extend, without undue delay, the interstate
route commonly known as I-35 by construction of Route No. 396
described in section 161.12 in accordance with federal
regulations for receiving federal aid made available by the
United States to the state of Minnesota for highway purposes.
Sec. 3. [161.162] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The terms in sections
161.162 to 161.167 have the meanings given them in this section
and section 160.02.
Subd. 2. [FINAL LAYOUT.] (a) "Final layout" means
geometric layouts and supplemental drawings that show the
location, character, dimensions, access, and explanatory
information about the highway construction or improvement work
being proposed. "Final layout" includes, where applicable,
traffic lanes, shoulders, trails, intersections, signals,
bridges, approximate right-of-way limits, existing ground line
and proposed grade line of the highway, turn lanes, access
points and closures, sidewalks, speed zones, noise walls,
transit considerations, auxiliary lanes, interchange locations,
interchange types, sensitive areas, existing right-of-way,
traffic volume and turning movements, location of stormwater
drainage, location of municipal utilities, project schedule and
estimated cost, and the name of the project manager.
(b) "Final layout" does not include a cost participation
agreement. For purposes of this subdivision "cost participation
agreement" means a document signed by the commissioner and the
governing body of a municipality that states the costs of a
highway construction project that will be paid by the
municipality.
Subd. 3. [FINAL CONSTRUCTION PLAN.] "Final construction
plan" means the set of technical drawings for the construction
or improvement of a trunk highway provided to contractors for
bids.
Subd. 4. [GOVERNING BODY.] "Governing body" means the
elected council of a municipality.
Subd. 5. [MUNICIPALITY.] "Municipality" means a statutory
or home rule charter city.
Sec. 4. [161.163] [HIGHWAY PROJECT REVIEW.]
Subdivision 1. [PROJECTS REQUIRING REVIEW.] Sections
161.162 to 161.167 apply only to projects that alter access,
increase or reduce highway traffic capacity, or require
acquisition of permanent rights-of-way.
Subd. 2. [TRAFFIC SAFETY MEASURES.] Nothing contained in
sections 161.162 to 161.167 limits the power of the commissioner
to regulate traffic or install traffic control devices or other
safety measures on trunk highways located within municipalities
regardless of their impact on access or traffic capacity or on
the need for additional right-of-way.
Subd. 3. [CONSTRUCTION PROGRAM.] Nothing contained in
sections 161.162 to 161.167 limits the commissioner's discretion
to determine priority and programming of trunk highway projects.
Sec. 5. [161.164] [FINAL LAYOUT APPROVAL PROCESS.]
Subdivision 1. [SUBMISSION OF FINAL LAYOUT.] Before
proceeding with the construction, reconstruction, or improvement
of any route on the trunk highway system lying within any
municipality, the commissioner shall submit to its governing
body a final layout and project report covering the purpose,
route location, and proposed design of the highway. The final
layout must be submitted as part of a report containing any
supporting data that the commissioner deems helpful to the
governing body in reviewing the final layout submitted. The
supporting data must include a good faith cost estimate of all
the costs in which the governing body is expected to
participate. The final layout must be submitted before final
decisions are reached so that meaningful early input can be
obtained from the municipality.
Subd. 2. [GOVERNING BODY ACTION.] (a) Within 15 days of
receiving a final layout from the commissioner, the governing
body shall schedule a public hearing on the final layout. The
governing body shall, within 60 days of receiving a final layout
from the commissioner, conduct a public hearing at which the
department of transportation shall present the final layout for
the project. The governing body shall give at least 30 days'
notice of the public hearing.
(b) Within 90 days from the date of the public hearing, the
governing body shall approve or disapprove the final layout in
writing, as follows:
(1) If the governing body approves the final layout or does
not disapprove the final layout in writing within 90 days, in
which case the final layout is deemed to be approved, the
commissioner may continue the project development.
(2) If the final construction plans contain changes in
access, traffic capacity, or acquisition of permanent
right-of-way from the final layout approved by the governing
body, the commissioner shall resubmit the portion of the final
construction plans where changes were made to the governing body.
The governing body must approve or disapprove the changes, in
writing, within 60 days from the date the commissioner submits
them.
(3) If the governing body disapproves the final layout, the
commissioner may make modifications requested by the
municipality, decide not to proceed with the project, or refer
the final layout to an appeal board. The appeal board shall
consist of one member appointed by the commissioner, one member
appointed by the governing body, and a third member agreed upon
by both the commissioner and the governing body. If the
commissioner and the governing body cannot agree upon the third
member, the chief justice of the supreme court shall appoint a
third member within 14 days of the request of the commissioner
to appoint the third member.
Subd. 3. [APPEAL BOARD.] Within 30 days after referral of
the final layout, the appeal board shall hold a hearing at which
the commissioner and the governing body may present the case for
or against approval of the final layout referred. Not later
than 60 days after the hearing, the appeal board shall recommend
approval, recommend approval with modifications, or recommend
disapproval of the final layout, making additional
recommendations consistent with state and federal requirements
as it deems appropriate. It shall submit a written report
containing its findings and recommendations to the commissioner
and the governing body.
Sec. 6. [161.165] [COMMISSIONER ACTION; INTERSTATE
HIGHWAYS.]
Subdivision 1. [APPLICABILITY.] This section applies to
interstate highways.
Subd. 2. [ACTION ON APPROVED FINAL LAYOUT.] (a) If the
appeal board recommends approval of the final layout or does not
submit its findings and recommendations within 60 days of the
hearing, in which case the final layout is deemed approved, the
commissioner may prepare substantially similar final
construction plans and proceed with the project.
(b) If the final construction plans change access, traffic
capacity, or acquisition of permanent right-of-way from the
final layout approved by the appeal board, the commissioner
shall submit the portion of the final construction plans that
shows the changes, to the governing body for its approval or
disapproval under section 161.164, subdivision 2.
Subd. 3. [ACTION ON FINAL LAYOUT APPROVED WITH
CHANGES.] (a) If, within 60 days, the appeal board recommends
approval of the final layout with modifications, the
commissioner may:
(1) prepare final construction plans with the recommended
modifications, notify the governing body, and proceed with the
project;
(2) decide not to proceed with the project; or
(3) prepare final construction plans substantially similar
to the final layout referred to the appeal board, and proceed
with the project. The commissioner shall, before proceeding
with the project, file a written report with the governing body
and the appeal board stating fully the reasons for doing so.
(b) If the final construction plans contain changes in
access or traffic capacity or require additional acquisition of
permanent right-of-way from the final layout reviewed by the
appeal board or the governing body, the commissioner shall
resubmit the portion of the final construction plans that shows
the changes, to the governing body for its approval or
disapproval under section 161.164, subdivision 2.
Subd. 4. [ACTION ON DISAPPROVED FINAL LAYOUT.] (a) If,
within 60 days, the appeal board recommends disapproval of the
final layout, the commissioner may either:
(1) decide not to proceed with the project; or
(2) prepare final construction plans substantially similar
to the final layout referred to the appeal board, notify the
governing body and the appeal board, and proceed with the
project. Before proceeding with the project, the commissioner
shall file a written report with the governing body and the
appeal board stating fully the reasons for doing so.
(b) If the final construction plans contain changes in
access or traffic capacity or require additional acquisition of
permanent right-of-way from the final layout reviewed by the
appeal board or the governing body, the commissioner shall
resubmit the portion of the final construction plans that shows
the changes, to the governing body for its approval or
disapproval under section 161.164, subdivision 2.
Subd. 5. [FINAL CONSTRUCTION PLANS ISSUED.] The
commissioner shall send a complete set of final construction
plans to the municipality at least 45 days before the bid
opening for informational purposes.
Sec. 7. [161.166] [COMMISSIONER ACTION; OTHER HIGHWAYS.]
Subdivision 1. [APPLICABILITY.] This section applies to
trunk highways that are not interstate highways.
Subd. 2. [ACTION ON APPROVED FINAL LAYOUT.] If the appeal
board recommends approval of the final layout or does not submit
its findings or recommendations within 60 days of the hearing,
in which case the the final layout is deemed approved, the
commissioner may prepare substantially similar final
construction plans and proceed with the project. If the final
construction plans change access or traffic capacity or require
additional acquisition of right-of-way from the final layout
approved by the appeal board, the commissioner shall submit the
portion of the final construction plan that shows the changes,
to the governing body for its approval or disapproval under
section 161.164, subdivision 2.
Subd. 3. [ACTION ON FINAL LAYOUT APPROVED WITH
CHANGES.] (a) If the appeal board approves the final layout with
modifications, the commissioner may:
(1) prepare final construction plans including the
modifications, notify the governing body, and proceed with the
project;
(2) decide not to proceed with the project; or
(3) prepare a new final layout and resubmit it to the
governing body for approval or disapproval under section
161.164, subdivision 2.
(b) If the final construction plans contain changes in
access or traffic capacity or require additional acquisition of
permanent right-of-way from the final layout reviewed by the
appeal board or the governing body, the commissioner shall
resubmit the portion of the final construction plans that shows
the changes, to the governing body for its approval or
disapproval under section 161.164, subdivision 2.
Subd. 4. [ACTION ON DISAPPROVED FINAL LAYOUT.] If the
appeal board disapproves the final layout, the commissioner may:
(1) decide not to proceed with the project; or
(2) prepare a new final layout and submit it to the
governing body for approval or disapproval under section
161.164, subdivision 2.
Subd. 5. [FINAL CONSTRUCTION PLANS ISSUED.] The
commissioner shall send a complete set of final construction
plans to the municipality at least 45 days before the bid
opening for informational purposes.
Sec. 8. [161.167] [REIMBURSEMENT OF EXPENSES.]
Members of the appeal board shall submit to the
commissioner an itemized list of the expenses incurred in
disposing of matters presented to them. The appeal board
members shall be reimbursed for all reasonable expenses incurred
by them in the performance of their duties. The commissioner
shall pay these costs out of the trunk highway fund.
Sec. 9. [REPEALER.]
Minnesota Statutes 2000, sections 161.17; 161.171; 161.172;
161.173; 161.174; 161.175; 161.176; 161.177; and 473.181,
subdivision 1, are repealed.
Sec. 10. [EFFECTIVE DATE.]
This act is effective the day following final enactment and
applies to highway construction projects for which municipal
approval is first sought after that date.
Presented to the governor May 23, 2001
Signed by the governor May 24, 2001, 2:02 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes