160.27 Particular uses of right-of-way; misdemeanors.
Subdivision 1. Public notices. With the approval of the proper road authority, billboards for the use and purpose of displaying public notices only may be erected within the limits of any public highway, including city streets.
Subd. 2. Benches and shelters. Benches and shelters for the convenience and comfort of persons waiting for street cars or buses may be placed and maintained within the limits of any street or highway, including streets and highways within cities, when a license, permit or franchise therefor is first obtained from the road authority. The owners may place advertising on the benches and shelters if authorized by the license, permit or franchise, provided that advertising on shelters shall be limited to one-third of the vertical surface of the shelter. The benches shall not be placed or maintained on the portion of the highway or street prepared and maintained for vehicle traffic.
The council of any city may, by public negotiation or bid, grant franchises for the construction, operation or maintenance of bus shelters and benches on streets and highways within the city. The franchises shall be granted subject to terms and conditions as the city may prescribe, including the payment of compensation to the city. This provision does not preclude the requirement for obtaining permits from the appropriate road authority having jurisdiction for construction within the limits of any trunk highway, county highway, or county state-aid highway.
On streets and highways outside of cities, the road authority may, by public negotiation or bid, grant franchises for the construction, operation or maintenance of bus shelters and benches on streets and highways within the road authority's jurisdiction. The franchises shall be granted subject to terms and conditions as the road authority may prescribe, including the payment of compensation to the road authority.
Subd. 3. Outdoor telephone booths. (a) Outdoor telephone booths may be placed and maintained within the limits of any public highway, including city streets, when authorized by a written permit issued by the proper road authority.
(b) The governing body of a city or town may grant permission by license, permit, contract, or franchise to the owner of an outdoor telephone booth located within the right-of-way of a public highway or street to place advertising on the booth. This permission is subject to terms and conditions prescribed by the city or town. This paragraph does not preclude requirements for obtaining permits from the appropriate road authority having jurisdiction over a trunk highway, county highway, or state-aid highway.
Subd. 4. Customs inspection facilities. United States customs inspection facilities may be placed and maintained within the limits of any public highway, including city streets, when a written permit is issued for such facilities by the proper road authority.
Subd. 5. Misdemeanors. Except for the actions of the road authorities, their agents, employees, contractors, and utilities in carrying out their duties imposed by law or contract, and except as herein provided, it shall be unlawful to:
(1) obstruct any highway or deposit snow or ice thereon;
(2) plow or perform any other detrimental operation within the road right-of-way except in the preparation of the land for planting permanent vegetative cover or as authorized under section 160.232;
(3) erect a fence on the right-of-way of a trunk highway, county state-aid highway, county highway or town road, except to erect a lane fence to the ends of a livestock pass;
(4) erect or reconstruct driveway headwalls in or on the right-of-way of a highway or road, except as may be allowed by permit from the road authority imposing reasonable regulations as are necessary to prevent interference with the construction, maintenance, and safe use of the highway or road and its appurtenances;
(5) dig any holes in any highway; except to locate markers placed to identify sectional corner positions and private boundary corners;
(6) remove any earth, gravel or rock from any highway;
(7) obstruct any ditch draining any highway or drain any noisome materials into any ditch;
(8) place or maintain any building or structure within the limits of any highway;
(9) place or maintain any advertisement within the limits of any highway;
(10) paint, print, place, or affix any advertisement or any object within the limits of any highway;
(11) deface, mar, damage, or tamper with any structure, work, material, equipment, tools, signs, markers, signals, paving, guardrails, drains, or any other highway appurtenance on or along any highway;
(12) remove, injure, displace, or destroy right-of-way markers, or reference or witness monuments, or markers placed to preserve section or quarter section corners;
(13) improperly place or fail to place warning signs and detour signs as provided by law;
(14) drive over, through, or around any barricade, fence, or obstruction erected for the purpose of preventing traffic from passing over a portion of a highway closed to public travel or to remove, deface, or damage any such barricade, fence, or obstruction.
Any violation of this subdivision is a misdemeanor.
Subd. 6. Removal of unauthorized advertisement, building, or structure. The road authorities may take down, remove, or destroy any advertisement, building or structure in or upon any highway in violation of this section.
Official Publication of the State of Minnesota
Revisor of Statutes