1998 Minnesota Statutes

CHAPTER 160. Roads, general provisions

   160.01 Scope of chapters 160 to 165.  

    Subdivision 1.    Designation.  For the purposes of 
 chapters 160 to 165 the roads of this state shall be designated 
 and referred to as trunk highways, county state-aid highways, 
 municipal state-aid streets, county highways, and town roads.  
 They shall be established, located, constructed, reconstructed, 
 improved, and maintained as provided in chapters 160 to 165 and 
 acts amendatory thereto.  

    Subd. 2.    Certain streets excluded.  The provisions 
 of chapters 160 to 165 do not relate to highways or streets 
 established by, or under the complete jurisdiction of cities 
 except when the provisions refer specifically to such highways 
 or streets.  

    HIST: 1959 c 500 art 1 s 1; 1973 c 123 art 5 s 7 

  160.011 Repealed, 1957 c 943 s 72 

  160.012 Repealed, 1959 c 500 art 6 s 13 

  160.013 Repealed, 1959 c 500 art 6 s 13 

   160.02 Definitions. 

    Subdivision 1.    Purposes.  For the purposes of this 
 chapter the terms defined in this section have the meanings 
 given them. 

    Subd. 2.    Trunk highways.  "Trunk highways" includes 
 all roads established or to be established under the provisions 
 of article 14, section 2 of the Constitution of the state of 
 Minnesota. 

    Subd. 3.    County state-aid highways.  "County 
 state-aid highways" includes all roads established in accordance 
 with law as county state-aid highways. 

    Subd. 4.    County highways.  "County highways" 
 includes those roads which have heretofore been or which 
 hereafter may be established, constructed, or improved under 
 authority of the several county boards, including all roads 
 lying within the county or on the line between counties 
 established by judicial proceedings, except those roads 
 established, constructed, or improved by the counties that have 
 been maintained by the towns for a period of at least one year 
 prior to July 1, 1957.  All roads heretofore designated prior to 
 July 1, 1957 as county-aid highways shall be county highways 
 until abandoned or changed in accordance with law. 

    Subd. 5.    Municipal state-aid streets.  "Municipal 
 state-aid streets" includes all streets within the cities having 
 a population of 5,000 or more, established in accordance with 
 law as municipal state-aid streets.  

    Subd. 6.    Town roads.  "Town roads" includes those 
 roads and cartways which have heretofore been or which hereafter 
 may be established, constructed, or improved under the authority 
 of the several town boards, roads established, constructed, or 
 improved by counties that have been maintained by the towns for 
 a period of at least one year prior to July 1, 1957. 

    Subd. 7.    Road or highway.  "Road" or "highway" 
 includes, unless otherwise specified, the several kinds of 
 highways as defined in this section, including roads designated 
 as minimum-maintenance roads, and also cartways, together with 
 all bridges or other structures thereon which form a part of the 
 same.  

    Subd. 8.    Commissioner.  "Commissioner" means the 
 commissioner of transportation. 

    Subd. 9.    Road authority.  "Road authority" means the 
 commissioner, as to trunk highways; the county board, as to 
 county state-aid highways and county highways; the town board, 
 as to town roads; and the governing bodies of cities when the 
 governing bodies or city streets are specifically mentioned. 

    Subd. 10.    Portage.  "Portage" means a passageway two 
 rods in width extending from one public or navigable water to 
 another public or navigable water or from a public or navigable 
 water to a public highway. 

    Subd. 11.    Interstate bridge.  "Interstate bridge" 
 means all bridges now existing or which shall be hereafter 
 constructed across boundary waters between the state of 
 Minnesota and any adjoining state thereby connecting highways of 
 this state with the highway system of any adjoining state. 

    Subd. 12.    Controlled access highway.  "Controlled 
 access highway" means any highway, street, or road, including 
 streets within cities, over, from, or to which owners or 
 occupants of abutting land or other persons have or are to have 
 no right of access, or only a controlled right of the easement 
 of access, light, air, or view. 

    Subd. 13.    Public property.  "Public property" means 
 any property except streets, roads, or bridges owned by any 
 subdivision of government, including but not limited to, the 
 property of school districts however organized, towns, cities, 
 municipalities, counties, and any board or commission of any 
 thereof, and public corporations created by the laws of this 
 state. 

    Subd. 14.    Noxious weeds.  "Noxious weeds" has the 
 meaning given in section 18.77, subdivision 8.  

    Subd. 15.    Roadway; bicycle lane; bicycle route; bicycle 
 path; bikeway.  The terms "roadway," "bicycle lane," "bicycle 
 route," "bicycle path," and "bikeway" have the meanings given in 
 section 169.01. 

    Subd. 16.    Freeway or expressway.  "Freeway" or 
 "expressway" means a divided, controlled-access highway with 
 four or more lanes.  

    HIST: 1959 c 500 art 1 s 2; 1973 c 123 art 5 s 7; 1976 c 2 s 
 172; 1976 c 166 s 7; 1984 c 562 s 4; 1985 c 127 s 1; 1985 c 215 
 s 1; 1987 c 255 s 2; 1993 c 13 art 2 s 1; 1995 c 265 art 2 s 15 

  160.021 Repealed, 1959 c 500 art 6 s 13 

   160.03 Compensation for public property.  

    Whenever public property is taken, damaged, or destroyed 
 for highway purposes, just compensation shall be paid therefor.  

    HIST: 1959 c 500 art 1 s 3 

  160.031 Repealed, 1959 c 500 art 6 s 13 

   160.04 Width of roads.  

    Except as otherwise provided, all roads hereafter 
 established, except cartways, shall be at least four rods wide.  
 Additional right-of-way and easements, including easements 
 needed for drainage, may be acquired by purchase, gift, or 
 eminent domain proceedings when necessary for construction, 
 maintenance, safety, or convenient public travel.  The necessity 
 for such additional right-of-way and easements shall be 
 determined by the road authority having jurisdiction over the 
 particular road involved.  

    HIST: 1959 c 500 art 1 s 4 

  160.041 Repealed, 1959 c 500 art 6 s 13 

   160.05 Dedication of roads. 

    Subdivision 1.    Six years.  When any road or portion 
 of a road has been used and kept in repair and worked for at 
 least six years continuously as a public highway by a road 
 authority, it shall be deemed dedicated to the public to the 
 width of the actual use and be and remain, until lawfully 
 vacated, a public highway whether it has ever been established 
 as a public highway or not.  Nothing contained in this 
 subdivision shall impair the right, title, or interest of the 
 water department of any city of the first class secured under 
 Special Laws 1885, chapter 110.  This subdivision shall apply to 
 roads and streets except platted streets within cities. 

    Subd. 2.    Roads on and parallel to railroad 
 right-of-way.  The continued use of any road by the public 
 upon and parallel to the right-of-way of any railway company 
 shall not constitute such a road a legal highway or a charge 
 upon the town in which the same is situated, and no right shall 
 accrue to the public or any individual by such use.  

    HIST: 1959 c 500 art 1 s 5; 1973 c 123 art 5 s 7; 1982 c 424 s 
 40; 1984 c 562 s 5 

  160.051 Repealed, 1959 c 500 art 6 s 13 

   160.06 Trail or portage dedication.  

    Any trail or portage between public or navigable bodies of 
 water or from public or navigable water to a public highway in 
 this state which has been in continued and uninterrupted use by 
 the general public for 15 years or more as a trail or portage 
 for the purposes of travel, shall be deemed to have been 
 dedicated to the public as a trail or portage.  This section 
 shall apply only to forest trails on established canoe routes 
 and the public shall have the right to use the same for the 
 purposes of travel to the same extent as public highways.  The 
 width of all trails and portages dedicated by user shall be 
 eight feet on each side of the center line of the trail or 
 portage.  

    HIST: 1959 c 500 art 1 s 6 

  160.061 Repealed, 1959 c 500 art 6 s 13 

   160.07 Improvements within or without boundaries.  

    The road authority of any county, town or city may 
 appropriate and expend such reasonable sums as it may deem 
 proper to assist in the improvement and maintenance of roads, 
 bridges, or ferries lying beyond the boundary of and leading 
 into such county, town or city. 

    HIST: 1959 c 500 art 1 s 7; 1973 c 123 art 5 s 7 

  160.071 Repealed, 1959 c 500 art 6 s 13 

   160.08 Controlled access. 

    Subdivision 1.    Plans.  The road authorities of the 
 state, counties or cities acting either alone, or in cooperation 
 with each other, or with any federal agency, or with any other 
 state or subdivision of another state having authority to 
 participate in the construction or maintenance of highways are 
 authorized to plan for the designation, establishment, location, 
 relocation, improvement, and maintenance of controlled access 
 highways for public use whenever the road authorities determine 
 that traffic conditions, present or future, will justify such 
 highways.  

    Subd. 2.  Repealed, 1969 c 312 s 8 

    Subd. 3.    Traffic control.  Such road authorities are 
 authorized to so design any controlled access highway, and to so 
 regulate, restrict, or prohibit access as to best serve the 
 traffic for which the highway is intended.  Such road 
 authorities are authorized to divide and separate any controlled 
 access highway into separate roadways by the construction of 
 raised curbings, central dividing sections, or other physical 
 separations, or by designating the separate roadways by signs, 
 markers, stripes, or other devices.  No person shall have any 
 rights of ingress or egress to, from, or across controlled 
 access highways to or from abutting lands, except at the 
 designated points or roadways thereof where access is permitted 
 by such road authorities upon such terms and conditions as such 
 road authorities specify.  

    Subd. 4.    Acquisition of property.  Property rights, 
 including rights of access, air, view, and light, may be 
 acquired by said road authorities with respect to both private 
 and public property by purchase, gift, or condemnation.  

    Subd. 5.    Elimination of grade intersections; additional 
 access; compensation.  Such road authorities may locate, 
 establish, and construct controlled access highways, or may 
 designate and establish an existing street or highway as a 
 controlled access highway.  Such road authorities are authorized 
 to provide for the elimination of grade intersections of 
 controlled access highways with other existing streets or 
 highways of any kind or nature whatsoever.  The elimination may 
 be accomplished by the construction of grade separations, or the 
 construction of an outer lane as part of the controlled access 
 highway, or by closing off streets or highways at the 
 right-of-way boundary of the controlled access highway.  When an 
 outer lane is constructed, the abutting owners shall have access 
 to the outer lane unless the petition and notice in 
 condemnation, or the highway deed in cases of purchase, clearly 
 specifies that the right of access to the outer lane has been 
 acquired.  After the establishment of any controlled access 
 highway no other street or highway or private entry shall be 
 opened into or connected with any controlled access highway 
 without the consent and prior approval of the road authority 
 having jurisdiction over the controlled access highway.  The 
 consent and approval shall be given only if the public interest 
 shall be served thereby.  In the case of any elimination of 
 existing access, air, view, light, or other compensable property 
 rights, the owner shall be compensated for the loss by purchase 
 or condemnation.  

    Subd. 6.    Construction limited.  None of the 
 provisions contained herein shall be construed to limit, 
 restrict, or nullify any rights or easements of access 
 heretofore acquired by the state or any of its political 
 subdivisions.  

    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; (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 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 160.80; 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.  

    HIST: 1959 c 500 art 1 s 8; 1973 c 123 art 5 s 7; 1980 c 494 s 
 5; 1984 c 417 s 1 

  160.081 Repealed, 1959 c 500 art 6 s 13 

     160.085 Recording proposed acquisitions for roads. 

    Subdivision 1.    Recording map or plat; certification.  
 In order to facilitate the acquisition of right-of-way required 
 for highways, state and county road authorities may file for 
 record in the office of the county recorder or registrar of 
 titles in the county in which right-of-way is to be acquired, 
 such orders or resolutions, as required by law, in the form of 
 maps or plats showing right-of-way by course distance, bearing 
 and arc length, and other rights or interests in land to be 
 acquired as the road authority determines necessary.  Said map 
 or plat shall show by outline all tracts or parcels of land 
 affected by the proposed acquisition.  The map or plat shall be 
 certified by the commissioner of transportation or the 
 commissioner's designated assistant and any licensed land 
 surveyor in the employ of the state as to trunk highways.  The 
 map or plat shall be certified as to county state-aid highways 
 and county highways by the chair of the county board or the 
 county engineer or the engineer's designated assistant, and by a 
 licensed land surveyor in the employ of the county.  The map or 
 plat so certified is entitled to record without compliance with 
 the provisions of chapter 505.  Any amendments, alterations, 
 rescissions or vacations of such orders, resolutions, maps or 
 plats so filed shall be entitled to record in like manner.  The 
 recorder or registrar may make suitable notations on the 
 appropriate map or plat affected by an amendment, alteration, 
 rescission or vacation to direct the attention of anyone 
 examining the record to the proper map or plat.  

    Subd. 1a.    Amending recorded map or plat.  If an error 
 on a map or plat incorrectly defines the intended acquisition, 
 but does not affect any rights of interest to be acquired, a 
 certificate may be prepared stating what the defect is, what the 
 correct information is, and which map or plat the certificate 
 affects.  The certificate shall be signed by a licensed land 
 surveyor in the employ of the state or county.  The certificate 
 shall be filed for record in the office of the county recorder 
 or registrar of titles in the county where the map or plat is 
 filed.  When so filed the certificate shall amend the map or 
 plat.  The recorder or registrar may make suitable notations on 
 the map or plat to which the certificate refers to direct the 
 attention of anyone examining the map or plat to the record of 
 the certificate. 

    Subd. 2.    Effect of recording map or plat.  Maps or 
 plats filed for record under this section shall not operate of 
 themselves to transfer of title to the property described and 
 designated by appropriate parcel number but such map or plats 
 shall be for delineation purposes. 

    Subd. 3.    Description may refer to map or plat.  (a) 
 Land acquisition by the road authority for highway purposes by 
 instrument of conveyance or by eminent domain proceedings, may 
 refer to the map or plat and parcel number, together with 
 delineation of the parcel, as the only manner of description 
 necessary for the acquisition.  

    (b) In addition, land disposition by the road authority by 
 instrument of conveyance may refer to the map or plat and parcel 
 number, together with delineation of the parcel, as the only 
 manner of description necessary for the disposition.  

    HIST: 1969 c 209 s 1; 1976 c 166 s 7; 1976 c 181 s 2; 1980 c 
 538 s 1,2; 1986 c 444; 1994 c 635 art 2 s 2; 1998 c 324 s 9 

   160.09 Change or vacation of local road.  

    Subdivision 1.    Change in location.  When the road 
 authority of a county or town changes the location of a highway 
 or road under its jurisdiction, the old road shall remain open 
 until the new road is opened for travel.  The old road or any 
 portion thereof shall not revert to the abutting owners until 
 vacated by the road authority in accordance with the law.  

    Subd. 2.    Old roads remain open.  When the new road 
 does not provide access to property whose only means of access 
 was the old road, then and in that event, the portion of the old 
 road providing the access shall remain open for travel and shall 
 be maintained by the county or town road authority until other 
 means of access are provided after which it may be vacated as 
 provided by law.  

    Subd. 3.    Local road not vacated in certain cases.  
 When a county highway or town road is the only means of access 
 to any property or properties containing an area or combined 
 area of five acres or more, the highway or road shall not be 
 vacated without the consent of the property owner unless other 
 means of access are provided.  

    HIST: 1959 c 500 art 1 s 9 

  160.091 Repealed, 1959 c 500 art 6 s 13 

     160.095 Designation of minimum-maintenance roads. 

    Subdivision 1.    Resolution.  A road authority, other 
 than the commissioner, may by resolution designate a road under 
 its jurisdiction as a minimum-maintenance road if it determines 
 that the road or road segment is used only occasionally or 
 intermittently for passenger and commercial travel.  The 
 resolution must identify the beginning and end points of the 
 road being designated.  After adopting the resolution, the road 
 authority must post signs on the road to notify the motoring 
 public that it is a minimum-maintenance road and that the public 
 travels on the road at its own risk.  A road authority must 
 notify the road authorities of adjoining jurisdictions of 
 designations under this section. 

    If an affected road or road segment runs along a county or 
 town line, the designation applies only to that part of the road 
 that is under the jurisdiction of the road authority adopting 
 the resolution.  

    Subd. 2.    Signs.  Designation of a minimum-maintenance 
 road is effective on the erection of the signs required under 
 this section.  The signs shall be posted at entry points to and 
 at regular intervals along a minimum-maintenance road.  Signs 
 posted must conform to the commissioner's manual of uniform 
 traffic devices.  Properly posted signs are prima facie evidence 
 that adequate notice of a minimum-maintenance road has been 
 given to the motoring public. 

    Subd. 3.    Limitations.  A trunk highway may not be 
 designated as a minimum-maintenance road.  A road may not be 
 designated a minimum-maintenance road if federal-state aid to 
 Minnesota will be reduced as a result.  A road authority may not 
 acquire additional right-of-way or easement by eminent domain or 
 otherwise without the consent of the landowner, for the purpose 
 of constructing or designating a minimum-maintenance road, 
 except where necessary for drainage or public safety. 

    Subd. 4.    Liability.  A minimum-maintenance road may 
 be maintained at a level less than the minimum maintenance 
 standards required for state-aid highways, roads, and streets, 
 but must be maintained at the level required to serve the 
 occasional or intermittent traffic.  Where a road has been 
 designated by resolution as a minimum-maintenance road and signs 
 have been posted under subdivision 2, the road authority with 
 jurisdiction over the road, and its officers and employees, are 
 exempt from liability for any tort claim for injury to person or 
 property arising from travel on the minimum-maintenance road and 
 related to its maintenance or condition.  Nothing in this 
 section shall exempt a road authority from its duty to maintain 
 bridges under chapter 165 or other applicable law. 

    HIST: 1985 c 215 s 3 

   160.10 Roads on mineral lands.  

    Subdivision 1.    Change of location; standards for 
 relocated road.  When any road, including any street within a 
 city crosses mineral land and the road interferes with mining 
 operations on the land, the owner or lessee of the land may 
 notify the road authority of the interference and request that 
 the road be relocated.  The road authority shall, thereupon in 
 the manner provided by law, relocate the road so as not to 
 interfere with the mining operations.  The relocated road shall 
 be constructed to at least the engineering standards of the old 
 road unless the road authority determines that such standards 
 are not necessary for safety or for the convenience of public 
 travel.  All right-of-way needed for such relocation shall be 
 provided by the owner or lessee of the land or shall be acquired 
 by the road authority by gift, purchase, or other manner 
 provided by law.  

    Subd. 2.    Relocation interferes with buildings, 
 structures.  When any road crosses any lands including 
 mineral lands outside the limits of any city and such road 
 interferes with the placing of buildings, structures, or other 
 improvements on such land, the road authority may relocate the 
 road upon the request of the owner of the land; provided that 
 the safety and convenience of public travel shall not be 
 impaired thereby.  

    Subd. 3.    Surety bond.  Before relocating such road, 
 the road authority may require of such owner or lessee a surety 
 bond in a sum as the road authority deems sufficient, 
 conditioned for the payment of all damages and all costs 
 incident to the relocation.  

    Subd. 4.    Construction of relocated road.  The owner 
 or lessee may choose to construct the relocated road with the 
 owner's or lessee's own forces or by contract, or may elect to 
 have the construction done in whole or in part by the road 
 authority.  The owner or lessee and the road authority shall 
 enter into an agreement setting forth the respective 
 responsibilities of each in accord with the provisions of this 
 section.  

    Subd. 5.    Approval of plans and inspection of 
 construction work.  If the owner or lessee elects to 
 construct the relocated road, the design and plans therefor 
 shall first be approved by the road authority.  The road 
 authority shall have the right to inspect the construction work 
 as it progresses, and the construction work shall be approved by 
 the road authority prior to the road being opened for travel.  

    Subd. 6.    Damages.  The owner or lessee shall be 
 liable to the owner or occupant of any land abutting upon such 
 road or any affected by such change to the extent of the damage 
 sustained by reason of such change and for the recovery of which 
 an action may be brought.  All right-of-way costs and all costs 
 of right-of-way acquisition, and all construction costs shall be 
 paid by the owner or lessee requesting such relocation; 
 provided, that if the road authority determines that such 
 relocation shall be constructed to a greater width or to a 
 higher standard than the old road, the road authority shall pay 
 the additional right-of-way or construction costs incurred 
 thereby. 

    Subd. 7.    Agreements.  When any road including 
 streets within cities is to be established over mineral lands, 
 or over lands containing gravel, the road authority and the 
 owner or lessee may enter into equitable agreements to provide 
 for the use of such lands for road purposes and for the 
 relocation of the road whenever the road interferes with mining 
 operations.  

    Subd. 8.    Section construction.  Nothing in this 
 section shall be construed to limit the power of any road 
 authority including road authorities of cities to vacate a road 
 by or under any other provision of law.  Nothing herein shall 
 affect contractual rights or obligations in existence as of the 
 date of the passage of this section between the road authority 
 and the owner or lessee of mining lands.  

    HIST: 1959 c 500 art 1 s 10; 1973 c 123 art 5 s 7; 1986 c 444 

  160.101 Repealed, 1959 c 500 art 6 s 13 

   160.11 Road or street building materials. 

    Subdivision 1.    Acquisition of lands.  When the 
 commissioner of transportation, any county board, town board, or 
 governing body of any city, each hereinafter referred to as road 
 authority, shall deem it necessary for the purpose of building 
 or repairing public roads or streets within its jurisdiction, it 
 may procure by lease, purchase, gift, or condemnation in the 
 manner provided by law any lands within the state containing any 
 materials suitable for road or street purposes, together with 
 the right-of-way to the same of sufficient width to allow trucks 
 or other vehicles to pass, and on the most practicable route to 
 the nearest public road or street. 

    Subd. 2.    Sale by road authorities, authority.  Any 
 such road authority may engage in the processing of crushed rock 
 or other road or street building material for use on public 
 roads or streets within its jurisdiction; and any such road 
 authority may by agreement sell to any other road authority any 
 rock, crushed rock, processed sand or gravel, unprocessed or 
 pit-run sand or gravel, or other earth material suitable for 
 road or street purposes, upon terms and conditions as may be 
 mutually agreed upon by the parties, except that the 
 commissioner of transportation shall not sell processed gravel, 
 processed sand, or crushed rock. 

    Subd. 3.  Repealed, 1971 c 290 s 3 

    HIST: 1959 c 500 art 1 s 11; 1965 c 836 s 1; 1971 c 290 s 1,2; 
 1973 c 123 art 5 s 7; 1976 c 166 s 7 

  160.111 Repealed, 1959 c 500 art 6 s 13 

   160.12 Temporary roads around construction.  

    When a road authority determines that construction or 
 maintenance work on a public highway under its jurisdiction 
 requires a temporary road around the portion of the highway 
 under construction or maintenance, the road authority may by 
 order or resolution establish and construct a temporary road 
 adequate for such purpose and procure the necessary right-of-way 
 therefor in the manner provided by law. 

    HIST: 1959 c 500 art 1 s 12 

  160.121 Repealed, 1959 c 500 art 6 s 13 

   160.13 Lighting and marking highways.  

    Road authorities may light or mark highways and 
 appurtenances thereon and may install other safety devices as 
 they deem necessary in the interests of safety and convenient 
 public travel.  

    HIST: 1959 c 500 art 1 s 13 

  160.131 Repealed, 1959 c 500 art 6 s 13 

   160.14 Marking boundaries of highways.  

    Subdivision 1.    Placing marking devices.  Road 
 authorities may place and shall thereafter preserve and maintain 
 suitable monuments or other marking devices in such manner as to 
 clearly indicate the boundary lines of highways.  The 
 commissioner is authorized to engage the services of registered 
 land surveyors to perform land survey work as required for 
 location or reestablishment of section corners, establishment of 
 the boundary of highway right-of-way together with boundary 
 monumentation.  If the commissioner employs and engages a 
 registered land surveyor for such work the land surveyor shall 
 be in responsible charge of the work performed by the surveyor's 
 employees in connection with the assignment.  The location of 
 the boundary markings may be described by course distance and 
 bearing or delineated in the same manner on a plat or map 
 showing location of said marking devices and filed with the 
 county recorder or registrar of titles in the county where the 
 highways are located. 

    Subd. 2.    Service of notice upon abutting land owners.  
  The road authority shall serve written notice of such 
 markings upon abutting land owners within 30 days after the 
 placement of the marking devices.  Unless written objections are 
 served and filed within one year thereafter, as hereinafter 
 provided, the boundary lines of the highways as marked shall be 
 final and conclusive.  

    Subd. 3.    Reservation of rights of abutting owners.  
 Within one year after the notice, any abutting owner may serve 
 upon the road authority signed written objections to the highway 
 boundaries as marked, specifying wherein the owner believes the 
 boundaries as marked to be in error.  A copy thereof executed in 
 accordance with section 507.24 shall be filed with the county 
 recorder in the county where the highway is located.  The 
 service and filing of the objections shall preserve the rights 
 of the abutting owner in and to the land in controversy until 
 the boundaries of the highway are judicially determined or until 
 agreed to by the abutting owner and the road authority.  

    Subd. 4.    Judicial determination.  Within 12 months 
 after the service and filing of the objections, the road 
 authority or the abutting owner shall serve and file a note of 
 issue with the court administrator of the district court in the 
 county in which the land is located.  The court shall determine 
 the correctness of the placing of the monuments or marking 
 devices.  Except as herein otherwise provided the procedure 
 shall be governed by the rules governing civil actions.  When 
 the matters shall have been finally determined, the location of 
 such monuments or markers shall be in accordance with the court 
 decree and the determination of the location shall be final.  A 
 copy of the court decree shall be filed by the road authority 
 with the county recorder. 

    HIST: 1959 c 500 art 1 s 14; 1969 c 208 s 1; 1976 c 181 s 2; 
 1986 c 444; 1Sp1986 c 3 art 1 s 82 

  160.141 Repealed, 1959 c 500 art 6 s 13 

   160.15 Preserving section or quarter section corners.  

    Subdivision 1.    Permanent marking of corners.  
 Whenever the construction, reconstruction, or maintenance of a 
 public highway, including city streets, causes the destruction 
 or obliteration of a known section or quarter section corner 
 marking or monument, it shall be the duty of the road authority 
 having jurisdiction over the highway or street to provide for 
 the permanent marking of such corners and to place reference or 
 witness monuments so that the corners can be readily located.  

    Subd. 2.    Manner of placement.  The permanent marking 
 of the corners and establishment of reference or witness 
 monuments shall be in the manner following:  At the exact 
 location of the corner there shall be placed a stone, concrete, 
 or metal marker not less than four inches in diameter at the top 
 and not less than 18 inches deep.  In the case of a paved 
 highway there shall also be placed over the marker and in the 
 surface of the pavement a metallic plug not less than one inch 
 in diameter and two inches in depth.  

    Subd. 3.    Time of placement; monument of durable 
 material.  Reference or witness monuments evidencing the 
 location of the corner shall be established before the 
 obliteration of the corner in at least two places most 
 practicable and shall consist of stone, concrete, or cast iron. 

    Subd. 4.    Filing of certificate.  The engineer or 
 surveyor placing and establishing the markers or monuments shall 
 file a certificate to that effect in the office of the county 
 recorder in the county or counties wherein the markers or 
 monuments were placed.  Each certificate shall contain only the 
 record of markers and monuments at one corner.  The county 
 recorder may charge a fee of 50 cents for each certificate filed.

    Subd. 5.    Contents of certificate.  The certificates 
 shall be on sheets of durable material, which sheets shall be in 
 size 8-1/2 by 11 inches with a margin at the left for binding.  
 The certificates shall contain the following: 

    (a) Identification of section, or quarter section corner. 

    (b) Description of monument removed. 

    (c) Description of replacement monument. 

    (d) Reference ties or witness monuments. 

    (e) Statements relating to physical and parol evidence 
 relating to history and authenticity of the corner monument. 

    (f) Date of remonumentation. 

    (g) Certification by a registered surveyor or registered 
 engineer. 

    Subd. 6.    Cost of placing markers.  The cost of 
 placing the markers and monuments, including filing fees, shall 
 be paid out of the respective funds provided by law, or set 
 aside for highway or street purposes. 

    HIST: 1959 c 500 art 1 s 15; 1971 c 598 s 1; 1973 c 123 art 5 
 s 7; 1976 c 181 s 2 

  160.151 Repealed, 1959 c 500 art 6 s 13 

   160.16 Warning signs and detour signs.  

    Subdivision 1.    Contract to provide for warning signs.  
  Whenever the road authorities enter into a contract for the 
 construction or improvement of any road, culvert, or bridge 
 thereon they shall, as a condition of the contract, provide 
 therein that the contractor shall place suitable warning signs 
 at the highways intersecting the road so to be constructed or 
 improved warning the public that the road under construction or 
 improvement is impassable at a designated place or distance from 
 the warning sign.  The signs shall be placed at such places as 
 will obviate unnecessary travel by persons not otherwise aware 
 of the impassable condition of the roads.  Nothing in the 
 provisions of chapters 160 to 165 shall make any town, county, 
 or the state liable in damages for the failure of the road 
 authorities to provide in any contract for the erection of a 
 warning sign as is herein provided for, or the failure of any 
 contractor to erect same in accordance herewith.  

    Subd. 2.    Contractor to place detour signs.  The 
 contractor, lead supervisor, or person in charge of work or 
 repairs on any public road shall, when the doing of the work or 
 repairs necessitates the closing of a part of the road to 
 traffic, post signs stating that the road is under repair and 
 describing the direction and distance of the detour necessary to 
 avoid the part of the road being repaired.  The signs shall be 
 posted at the intersection of the road under repair with the 
 road to be traveled while detouring and at appropriate intervals 
 along the road.  

    Subd. 3.    Barricades.  The road authorities may also 
 provide, by contract or otherwise, for the erection of 
 barricades, fences or other obstructions so as to prevent 
 traffic from entering any impassable section of road or a 
 section closed to public travel.  

    HIST: 1959 c 500 art 1 s 16; 1986 c 444 

  160.161 Repealed, 1959 c 500 art 6 s 13 

   160.17 Road construction contracts; counties and towns. 

    Subdivision 1.    Plans and specifications filed.  No 
 contract for the construction or improvement of any road by a 
 county or town in which the contract price exceeds the amount 
 for which sealed bids are required as provided in section 
 471.345 shall be let unless the plans and specifications for the 
 construction or improvement of the county or county state-aid 
 highway are on file in the office of the county auditor and a 
 true copy of them available for reference in the office of the 
 county highway engineer, and the plans and specifications for 
 the construction or improvement of the town road are on file 
 with the town clerk. 

    Subd. 2.    Advertisement for bids.  No county or town 
 road contract for construction or improvement exceeding the 
 amount for which sealed bids are required as provided in section 
 471.345 shall be let without first advertising for bids in a 
 newspaper of general circulation published in the county where 
 the construction or improvement is proposed to be done.  The 
 advertisement shall be published once a week for three 
 successive weeks in the case of a county contract and two 
 successive weeks in the case of a town contract, the last 
 publication to be made at least ten days before the time fixed 
 for receiving bids and letting the contract.  It shall specify, 
 generally, the work to be done, the place where the plans and 
 specifications are on file, and the time and place of receiving 
 bids and awarding the contract. 

    Subd. 3.    Final payment.  Final payment shall not be 
 made on any contract for road work by any county or town board 
 until the engineer or person in charge of the work has certified 
 to the county board or the town board, as the case may be, that 
 the work has been done and performed according to contract and 
 the certificate shall have been filed in the office of the 
 county auditor or town clerk.  

    Subd. 4.    Misdemeanors.  Any county auditor or any 
 town clerk who issues a warrant or an order in final payment 
 upon a road contract where the amount involved in the contract 
 exceeds the sum of $200 before the certificate provided for in 
 subdivision 3 shall have been filed shall be guilty of a 
 misdemeanor.  

    HIST: 1959 c 500 art 1 s 17; 1969 c 613 s 1,2; 1984 c 562 s 
 6,7; 1985 c 169 s 1; 1987 c 227 s 1 

  160.171 Repealed, 1959 c 500 art 6 s 13 

   160.18 Access to roads; approaches. 

    Subdivision 1.    Culvert on existing highway.  Except 
 when the easement of access has been acquired, a road authority, 
 as to a highway already established and constructed may grant by 
 permit a suitable approach to the highway.  The requesting 
 abutting property owner shall pay for the cost and installation 
 of any required culverts unless a road authority, other than the 
 commissioner, adopts by resolution a policy for the furnishing 
 of a culvert to an abutting owner when a culvert is necessary 
 for suitable approach to a road.  The policy may include 
 provisions for the payment of all or part of the costs of 
 furnishing the culvert by the abutting landowner. 

    Subd. 2.    Approaches to new highway.  Except when the 
 easement of access has been acquired, the road authorities in 
 laying out and constructing a new highway or in relocating or 
 reconstructing an old highway shall construct suitable 
 approaches thereto within the limits of the right-of-way where 
 the approaches are reasonably necessary and practicable, so as 
 to provide abutting owners a reasonable means of access to such 
 highway.  

    Subd. 3.    Access for particular uses.  The owner or 
 occupant of property abutting upon a public highway, having a 
 right of direct private access thereto, may provide such other 
 or additional means of ingress from and egress to the highway as 
 will facilitate the efficient use of the property for a 
 particular lawful purpose, subject to reasonable regulation by 
 and permit from the road authority as is necessary to prevent 
 interference with the construction, maintenance and safe use of 
 the highway and its appurtenances and the public use thereof.  

    HIST: 1959 c 500 art 1 s 18; 1975 c 24 s 1; 1998 c 403 s 4 

  160.181 Repealed, 1959 c 500 art 6 s 13 

   160.19 Drainage ditch crossing railroad right-of-way. 

    When a road authority constructs a drainage ditch to drain 
 a highway over lands acquired for that purpose and the ditch 
 crosses the right-of-way of any railroad, it shall be the duty 
 of the railroad company upon demand of the road authority to 
 forthwith carry the ditch under and across its right-of-way.  
 The cost of carrying the ditch under or across the railroad 
 shall be divided proportionately between the road authority and 
 the railroad company on the basis of benefits accruing to each.  
 Nothing in this section shall apply to or affect a county ditch, 
 judicial ditch, or public drainage system.  

    HIST: 1959 c 500 art 1 s 19; 1961 c 87 s 1 

  160.191 Repealed, 1959 c 500 art 6 s 13 

   160.20 Drainage. 

    Subdivision 1.    Connecting drains to highway drains.  
 When the course of natural drainage of any land runs to a 
 highway, the owner of the land shall have the right to enter 
 upon the highway for the purpose of connecting a drain or ditch 
 with any drain or ditch constructed along or across the highway, 
 but before making the connections, shall first obtain a written 
 permit for the connections from the road authority having 
 jurisdiction.  The connections shall be made in accordance with 
 specifications set forth in the permits.  The road authority 
 shall have power to prescribe and enforce reasonable rules and 
 regulations with reference to the connections.  The highway 
 shall be left in as good condition in every way as it was before 
 the connection was made.  

    Subd. 2.    Constructing tile drain across highway.  If 
 any person desires during construction or reconstruction of a 
 highway to install a tile drain for agricultural benefits in a 
 natural drainage line in lands adjacent to any highway, and if a 
 satisfactory outlet cannot be secured on the upper side of the 
 right-of-way and the tile line must be projected across the 
 right-of-way to a suitable outlet, the expense of both material 
 and labor used in installing the tile drain across the roadbed 
 shall be paid from funds available for the roads affected 
 provided the road authority is notified of the necessity of the 
 tile drain in advance of the construction of the roadbed so that 
 the drain may be placed and the roadbed constructed in the same 
 operation.  

    Subd. 3.    Installing drain tile along or across highway. 
  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 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.  

    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.  

    HIST: 1959 c 500 art 1 s 20; 1979 c 294 s 1; 1984 c 417 s 2,3; 
 1986 c 444 

   160.201 Public road ditches.  

    Subdivision 1.    Improving and draining.  For the 
 purpose of draining public roads and preventing accumulations of 
 water in road ditches, the overflow of which may damage adjacent 
 lands, the various authorities having supervision over public 
 roads, in addition to all other powers granted to said 
 authorities, are authorized and empowered to expend moneys from 
 funds available therefor in repairing, cleaning out, deepening, 
 widening and improving public road ditches within the 
 jurisdiction and supervision of such authorities.  The necessity 
 for such work shall be determined by the authorities which now 
 have the supervision of said public roads; provided, that before 
 said work may be done said road supervising authority shall 
 determine that said road ditch as so improved will be provided 
 with an adequate outlet. 

    Subd. 2.    Rental of ditch machinery by county to 
 municipality.  The county board of any county now or 
 hereafter owning machinery or equipment used in the construction 
 and maintenance of ditches may lease such machinery and its 
 incidental appliances to municipalities within such county upon 
 such rate of rental and upon such terms and conditions as the 
 county board may prescribe.  

    HIST: 1945 c 36 

   160.21 Snow removal.  

    Subdivision 1.    Agreements.  Road authorities, 
 including road authorities of cities, may contract with each 
 other for the construction and maintenance of, or removal of 
 snow from, any or all highways under their supervision.  Such 
 road authorities may also contract with any agency or political 
 subdivision of the state, including but not limited to school 
 districts and public sanitariums, for the removal of snow from 
 publicly owned lands thereof.  

    Subd. 2.    Removal from private property.  The road 
 authority of any county or town may remove snow from private 
 property upon payment of not less than the cost thereof when 
 such snow removal does not unduly delay or interfere with the 
 removal of snow from public highways under its jurisdiction.  

    Subd. 3.    Disposition of money.  All money received 
 for snow removal shall be paid into the respective funds 
 provided by law, or set aside, for highway or street purposes.  

    Subd. 4.    Emergency snow removal.  Any road authority 
 including road authorities of cities may remove snow from any 
 road or highway in cases of emergency.  

    Subd. 5.    Deemed employees of hiring authority.  All 
 persons while engaged in snow removal or other work as provided 
 in this section shall be deemed for all purposes the employees 
 of the road authority hiring them.  

    HIST: 1959 c 500 art 1 s 21; 1973 c 123 art 5 s 7 

  160.211 Repealed, 1959 c 500 art 6 s 13 

     160.215 Snow removal; salt and chemicals restricted. 

    In order to: 

    (1) minimize the harmful or corrosive effects of salt or 
 other chemicals upon vehicles, roadways, and vegetation; 

    (2) reduce the pollution of waters; and 

    (3) reduce the driving hazards resulting from chemicals on 
 windshields; 

 road authorities, including road authorities of cities, 
 responsible for the maintenance of highways or streets during 
 periods when snow and ice are prevalent, shall utilize such salt 
 or other chemicals only at such places as upon hills, at 
 intersections, or upon high speed or arterial roadways where 
 vehicle traction is particularly critical, and only if, in the 
 opinion of the road authorities, removal of snow and ice or 
 reduction of hazardous conditions by blading, plowing, sanding, 
 including chemicals needed for free flow of sand, or natural 
 elements cannot be accomplished within a reasonable time. 

    HIST: 1971 c 622 s 1; 1973 c 123 art 5 s 7 

   160.22 Trees. 

    Subdivision 1.    Planting trees.  Road authorities may 
 plant and tend trees and shrubs along highways in rural areas in 
 a manner so as to protect the highways from drifting snow.  In 
 like manner, with the written consent of the abutting landowner, 
 trees and shrubs may be planted and tended outside the limits of 
 the highways. 

    Subd. 2.    Consent for removal.  The trees and shrubs 
 shall not thereafter be removed without the consent of the road 
 authority. 

    Subd. 3.    Acquiring trees and hedges.  The road 
 authorities may acquire by purchase, gift, or condemnation all 
 trees and hedges within the limits of a highway.  Thereafter if 
 the road authority determines that the trees and hedges acquired 
 within the limits of a highway under its jurisdiction interfere 
 with the safety and convenience of public travel thereon, or 
 interfere with the construction, reconstruction, or maintenance 
 thereof, it may cut and remove the trees and hedges without 
 notice, and may dispose of the trees and hedges in such manner 
 as it deems proper. 

    Subd. 4.    Removal when not acquired by road authority.  
  When the trees and hedges have not been acquired, the road 
 authority may cut and remove trees and hedges from within the 
 limits of highways under its jurisdiction when the road 
 authority determines that the trees and hedges interfere with 
 the maintenance or reconstruction of the highway or interfere 
 with the safety and convenience of public travel thereon. 

    Subd. 5.    Hearings.  Prior to ordering the cutting 
 and removal of trees and hedges not acquired, the road authority 
 shall fix a time and place of hearing in the county where the 
 lands are located to consider the cutting and removal of such 
 trees and hedges.  The owners of the abutting land shall be 
 given written notice of the hearing at least ten days prior to 
 the date fixed therefor.  At the hearing the abutting owners 
 shall be given the opportunity to be heard. 

    Subd. 6.    Notice of determination.  After the hearing 
 the road authority shall serve notice upon the abutting owners 
 of its determination as to the trees and hedges.  A copy of the 
 order or resolution shall be attached to the notice. 

    Subd. 7.    Appeal from determination to remove.  Any 
 abutting owner may, within 30 days from the receipt of the 
 notice required in subdivision 6, appeal to the district court 
 from the determination by filing with the court administrator a 
 notice of appeal, together with a bond of not less than $500, 
 approved by the court, conditioned to pay all costs arising from 
 the appeal in case the determination of the road authority is 
 sustained.  The notice of appeal shall state the grounds thereof 
 and a copy shall be forwarded to the road authority.  The appeal 
 shall be entered upon the court calendar for trial at the next 
 general term of court, and either party shall be entitled to a 
 jury trial. 

    Subd. 7a.    Scope; tree and hedge defined.  For 
 purposes of this section, "tree" means a tree or woody perennial 
 shrub or vine which is at least six inches in diameter, as 
 measured at a point two feet from the ground, and "hedge" means 
 any planted and maintained hedge within the right-of-way. 

    Subd. 8.    Disposition of timber and wood.  Upon 
 written notice of a determination to cut and remove the trees 
 and hedges, the road authority may proceed to cut and remove the 
 same.  The timber and wood so cut and removed shall belong to 
 the abutting owners, and the road authority shall cause the wood 
 and timber to be placed upon the abutting owner's property 
 adjacent to the highway, doing no unnecessary damage to such 
 property.  In case the abutting owner notifies the road 
 authority that the owner does not want the timber or wood, the 
 road authority shall dispose of the wood and timber in such 
 manner as it deems proper. 

    Subd. 9.    Removal by abutting owner.  No person shall 
 cut or remove trees or hedges acquired by the road authority 
 unless the road authority shall have first consented to the 
 cutting or removal. 

    Subd. 10.    Exception; town roads.  Trees, hedges and 
 other shrubs or plants within the limits of any town road and 
 not acquired by the town as provided in subdivision 3, may be 
 cut and removed without regard to the provisions of subdivisions 
 5 and 6 when they interfere with the maintenance or 
 reconstruction of the road or with the safety and convenience of 
 the public; provided that the town gives written notice to the 
 abutting owner of its intention to cut and remove 14 days before 
 taking such action and the abutting owner does not request a 
 hearing during that period.  The notice shall plainly advise the 
 abutting owner of the right to a hearing.  If the abutting owner 
 requests a hearing within the time required the town shall 
 proceed in accordance with subdivisions 5 and 6, and this 
 subdivision shall not apply.  The timber and wood cut pursuant 
 to this subdivision shall be disposed of in accordance with 
 subdivision 8. 

    Subd. 11.    Platted town roads.  The town road 
 authority may cut and remove trees and hedges within the limits 
 of a town road that is dedicated by plat.  The cutting and 
 removing is not subject to this section.  The timber or wood 
 that is cut belongs to the town road authority and may be 
 disposed of as the town road authority considers proper without 
 any notice that is otherwise required by this section. 

    HIST: 1959 c 500 art 1 s 22; 1977 c 216 s 1,2; 1985 c 20 s 1; 
 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1994 c 390 s 1,2 

  160.221 Repealed, 1959 c 500 art 6 s 13 

   160.23 Destruction of noxious weeds.  

    Road authorities, including road authorities of cities 
 shall cause all noxious weeds on their respective highways and 
 streets to be cut down or otherwise destroyed or eradicated as 
 often as may be necessary to prevent the ripening or scattering 
 of seed and other propagating parts of such weeds.  

    HIST: 1959 c 500 art 1 s 23; 1973 c 123 art 5 s 7 

  160.231 Repealed, 1959 c 500 art 6 s 13 

     160.232 Mowing ditches outside cities. 

    Road authorities may not mow or till the right-of-way of a 
 highway located outside of a home rule charter or statutory city 
 except as allowed in this section and section 160.23. 

    (a) On any highway, the first eight feet away from the road 
 surface, or shoulder if one exists, may be mowed at any time. 

    (b) An entire right-of-way may be mowed after July 31.  
 From August 31 to the following July 31, the entire right-of-way 
 may only be mowed if necessary for safety reasons, and may not 
 be mowed to a height of less than 12 inches. 

    (c) A right-of-way may be mowed as necessary to maintain 
 sight distance for safety and may be mowed at other times under 
 rules of the commissioner, or by ordinance of a local road 
 authority not conflicting with the rules of the commissioner. 

    (d) A right-of-way may be mowed, burned, or tilled to 
 prepare the right-of-way for the establishment of permanent 
 vegetative cover or for prairie vegetation management.  

    HIST: 1985 c 127 s 2; 1986 c 398 art 27 s 1; 1989 c 179 s 1 

   160.24 Logging railroads across highways. 

    Subdivision 1.    Permission to locate.  The road 
 authorities may grant to the owner of any logging railroad 
 permission to locate, construct, and maintain a logging railroad 
 across any highway under their jurisdiction.  

    Subd. 2.    Contents of permit.  The permit shall 
 specify the place at which such railroad shall cross the 
 highway, the time during which it may be maintained thereon, 
 which shall in no case exceed five years, the manner of its 
 construction and maintenance, and the measures that shall be 
 taken for the protection of the highways and of the public using 
 the highways.  

    Subd. 3.    Control by road authority.  The 
 construction and maintenance of the railroad crossing shall be 
 under the supervision and control of the road authority granting 
 the permit.  

    Subd. 4.    Removal from highway.  The person to whom 
 the permit is granted shall, at the expiration of the time 
 therein limited or at such earlier time as the crossing is no 
 longer necessary, remove the railroad therefrom and restore the 
 highway to such condition as the authority granting the permit 
 shall require.  

    Subd. 5. Repealed, 1991 c 326 s 27 

    HIST: 1959 c 500 art 1 s 24 

  160.241 Repealed, 1959 c 500 art 6 s 13 

   160.25 Tunnels under highways. 

    Subdivision 1.    Permit to construct.  The road 
 authorities may permit any owner or lessee of land abutting both 
 sides of a highway to tunnel under the highway for such purposes 
 as the owner or lessee deems desirable in utilizing the lands.  
 The tunnel and appurtenances thereto shall be constructed and 
 maintained so as not to endanger or unduly inconvenience the 
 public in the use of the highway and, except as hereinafter 
 provided, shall be constructed by and at the expense of the 
 owner or lessee.  

    Subd. 2.    Contents of permit.  The permit shall 
 specify the location, size, kind, design, manner of construction 
 of the tunnel, and such safeguards for the traveling public that 
 the road authority deems necessary.  All tunnels, bridges, and 
 appurtenances thereto shall be constructed in accordance with 
 the permit.  

    Subd. 3.    Tunnel maintained by road authority.  Any 
 tunnel constructed as provided in this section under any highway 
 shall be maintained by the road authority having jurisdiction 
 over the highway.  A town board may charge the costs of 
 maintenance of the tunnel to the users if the users and the town 
 board agree on the amount to be charged.  

    Subd. 4.    Agreements for construction and maintenance.  
  When any road authority determines that the construction of 
 such tunnel is necessary for the safety and convenience of 
 public travel, it may construct and maintain the tunnel, or it 
 may enter into agreements with the abutting landowners for the 
 equitable division of the costs of the construction.  

    HIST: 1959 c 500 art 1 s 25; 1985 c 169 s 2; 1Sp1985 c 16 art 
 2 s 9; 1986 c 444 

  160.251 Repealed, 1959 c 500 art 6 s 13 

   160.26 Moving buildings over highways. 

    Subdivision 1.    Moved without unnecessary interference.  
  Buildings or structures moved or caused to be moved upon, 
 across, or along any road or street, including city streets, 
 shall be moved in such manner as not to unnecessarily interfere 
 with, damage, or destroy any bridges, trees, hedges, fences, 
 telephone or electric power poles, wires, cables, or any 
 appurtenance upon the road or street. 

    Subd. 2.    Permit requirement, authority.  Buildings 
 or structures together with the vehicle or vehicles moving same 
 of a size or weight exceeding the maximums specified in chapter 
 169 and acts amendatory thereto shall not be moved or caused to 
 be moved upon, across, or along any road or street without first 
 obtaining a written permit from the road authority including 
 road authorities of cities having supervision over such road or 
 street.  The county board as to highways under its jurisdiction 
 may authorize the county engineer to issue the permits.  

    When a permit is granted by the commissioner for the moving 
 of buildings or structures exclusively on trunk highways no 
 other permit shall be required from any political subdivision of 
 the state for the moving of such buildings or structures on such 
 trunk highways.  When a permit is granted by the county board or 
 county engineer for the moving of buildings or structures 
 exclusively on highways under the jurisdiction of the county 
 board no other permit shall be required from any political 
 subdivision for moving such buildings or structures on such 
 county highways.  

    Subd. 3. Repealed, 1983 c 293 s 115 

    Subd. 4.    Cost of removing fences, poles.  No person, 
 firm, or corporation shall be required to displace or 
 temporarily remove the fences, poles, wires, cables, or other 
 appurtenances of that person, firm, or corporation to permit the 
 moving of any building or structure upon, along, or across the 
 road or street, nor shall guard rails and appurtenances placed 
 upon the road or street be displaced or moved for like reason 
 until the reasonable cost of the displacement, removal, and 
 replacement shall have been paid or tendered.  

    Subd. 5.    Not to apply to road building or maintenance 
 equipment.  The provisions of this section shall not apply to 
 road building or maintenance equipment while operating on a road 
 or street under construction or maintenance.  

    HIST: 1959 c 500 art 1 s 26; 1961 c 748 s 1; 1973 c 123 art 5 
 s 7; 1986 c 444 

  160.261 Renumbered 218.025 

     160.262 Recreational vehicle lanes. 

    Subdivision 1.    Model standards.  The legislature 
 determines that it is in the interests of the public health, 
 safety and welfare, to provide for the addition of bicycle and 
 recreational vehicle lanes to proposed and existing public 
 highways.  The commissioner of transportation shall adopt, in 
 the manner provided in chapter 14, model standards for the 
 establishment of recreational vehicle lanes on and along 
 proposed and existing public highways.  The model standards 
 shall include but not be limited to the following:  (a) criteria 
 for desirability of a lane in any given location, (b) provision 
 for maintenance of the lanes, and (c) the placement of the lanes 
 in relation to roads.  The model standards shall govern state 
 trunk highways. 

    Subd. 2.    Local regulations; approval for state funding. 
  Each county and municipality including towns having statutory 
 city powers may adopt the model standards to govern highways 
 under its jurisdiction and may adapt them to local 
 circumstances.  Such local regulations shall be submitted to the 
 commissioner of transportation who shall approve them within 60 
 days after receipt upon finding that they meet the minimum 
 standards established pursuant to this section. Approved local 
 regulations shall qualify the submitting unit of government for 
 state or state-approved funding of recreational vehicle lane 
 projects undertaken pursuant to such regulations. 

    Subd. 3.    Cooperation among agencies and governments.  
 The following departments and agencies shall cooperate in 
 providing information and advice for amendments to the model 
 standards by the commissioner of transportation:  the 
 departments of agriculture, transportation, natural resources, 
 public service, trade and economic development, and the board of 
 water and soil resources.  The commissioner may cooperate with 
 and enter into agreements with the United States government, any 
 department of the state of Minnesota, any unit of local 
 government and any public or private corporation in order to 
 effect the purposes of this section. 

    Subd. 4.    Design-build bridges for nonmotorized 
 vehicles.  For streets and highways, the commissioner shall 
 allow for the acceptance of performance-specification bids, made 
 by the lowest responsible bidder, for constructing design-build 
 bridges for bicycle paths, bicycle trails, and pedestrian 
 facilities that are: 

    (1) designed and used primarily for nonmotorized 
 transportation, but may allow for motorized wheelchairs, golf 
 carts, necessary maintenance vehicles and, when otherwise 
 permitted by law, rule, or ordinance, snowmobiles; and 

    (2) located apart from any road or highway or protected by 
 barriers, provided that a design-built bridge may cross over and 
 above a road or highway. 

    HIST: 1973 c 123 art 5 s 7; 1973 c 620 s 1; 1975 c 271 s 6; 
 1976 c 149 s 59; 1976 c 166 s 7; 1981 c 356 s 177,178; 1982 c 
 424 s 130; 1983 c 289 s 115 subd 1; 1986 c 444; 1987 c 312 art 1 
 s 26 subd 2; 1987 c 358 s 34; 1987 c 384 art 3 s 42; 1994 c 635 
 art 1 s 1 

     160.263 Bicycle lanes and ways. 

    Subdivision 1. Repealed, 1987 c 255 s 15 

    Subd. 2.    Powers of political subdivisions.  The 
 governing body of any political subdivision may by ordinance or 
 resolution: 

    (a) Designate any roadway or shoulder or portion thereof 
 under its jurisdiction as a bicycle lane or bicycle route. 

    (b) Designate any sidewalk or portion thereof under its 
 jurisdiction as a bicycle path provided that the designation 
 does not destroy a pedestrian way or pedestrian access. 

    (c) Develop and designate bicycle paths.  

    (d) Designate as bikeways all bicycle lanes, bicycle 
 routes, and bicycle paths. 

    Subd. 3.    Designation.  A governing body designating a 
 bikeway under this section may: 

    (1) designate the type and character of vehicles or other 
 modes of travel which may be operated on a bikeway, provided 
 that the operation of such vehicle or other mode of travel is 
 not inconsistent with the safe use and enjoyment of the bikeway 
 by bicycle traffic; 

    (2) establish priority of right-of-way on the bicycle lane 
 or bicycle path and otherwise regulate the use of bikeways as it 
 deems necessary; and 

    (3) paint lines or construct curbs or establish other 
 physical separations to exclude the use of the bikeways by 
 vehicles other than those specifically permitted to operate 
 thereon. 

    The designating governing body may, after public hearing, 
 prohibit through traffic on any highway or portion thereof 
 designated as a bicycle lane or bicycle route, except that 
 through traffic may not be prohibited on a trunk highway.  The 
 designating governing body shall erect and maintain official 
 signs giving notice of the regulations and priorities 
 established under this subdivision and shall mark all bikeways 
 with appropriate signs.  Marking and signing of bikeways by the 
 designating governing body shall be in conformance with the 
 Minnesota Manual on Uniform Traffic Control Devices. 

    Subd. 4.    Speed on street with bicycle lane.  
 Notwithstanding section 169.14, subdivision 5, the governing 
 body of any political subdivision, by resolution or ordinance 
 and without an engineering or traffic investigation, may 
 designate a safe speed for any street or highway under its 
 authority upon which it has established a bicycle lane; provided 
 that such safe speed shall not be lower than 25 miles per hour.  
 The ordinance or resolution designating a safe speed is 
 effective when appropriate signs designating the speed are 
 erected along the street or highway, as provided by the 
 governing body. 

    HIST: 1976 c 199 s 15; 1987 c 255 s 3,4 

     160.264 Replacing bikeways and pedestrian ways. 

    Whenever an existing bikeway, pedestrian way, or roadway 
 used by bicycles or pedestrians or the sole access to such is 
 destroyed by any new, reconstructed, or relocated federal, 
 state, or local highway, the road authority responsible shall 
 replace the destroyed facility or access with a comparable 
 facility or access.  Replacement is not required where it would 
 be contrary to public safety or when sparsity of population, 
 other available ways or other factors indicate an absence of 
 need for such facility or access. 

    HIST: 1976 c 199 s 16; 1987 c 255 s 5 

     160.265 Bikeway program. 

    Subdivision 1.    State bikeways.  The commissioner of 
 transportation shall establish a program for the development of 
 bikeways primarily on existing road rights-of-way.  The program 
 shall include a system of bikeways to be established, developed, 
 maintained, and operated by the commissioner of transportation 
 and a system of state grants for the development of local 
 bikeways primarily on existing road rights-of-way.  The program 
 shall be coordinated with the local park trail grant program 
 pursuant to section 85.019, with the bicycle trail program 
 established by the commissioner of natural resources pursuant to 
 section 85.016, with the development of the statewide 
 transportation plan pursuant to section 174.03, and with 
 existing and proposed local bikeways.  In the metropolitan area 
 as defined in section 473.121, the program shall be developed in 
 accordance with plans and priorities established by the 
 metropolitan council.  The program shall be developed after 
 consultation with the state trail council, local units of 
 government, and bicyclist organizations.  The program shall be 
 administered in accordance with the provisions of sections 
 160.262 to 160.264 and standards promulgated pursuant thereto.  
 The commissioner shall compile and maintain a current registry 
 of bikeways in the state and shall publish and distribute the 
 information contained in the registry in a form and manner 
 suitable to assist persons wishing to use the bikeways.  The 
 metropolitan council, the commissioner of natural resources, the 
 commissioner of trade and economic development, the Minnesota 
 historical society, and local units of government shall 
 cooperate with and assist the commissioner of transportation in 
 preparing the registry.  The commissioner shall have all powers 
 necessary and convenient to establish the program pursuant to 
 this section including but not limited to the authority to adopt 
 rules pursuant to chapter 14. 

    Subd. 2.    Local bikeway grants.  The commissioner 
 shall provide technical assistance to local units of government 
 in planning and developing bikeways.  The commissioner shall 
 make grants to units of government as defined in section 85.019, 
 subdivision 1, for the betterment of public land and 
 improvements needed for local bikeways.  In making grants the 
 commissioner shall consider, among other factors, the number of 
 bicycles in the localities.  A grant shall not exceed 75 percent 
 of the costs of the betterment of the bikeway.  To be eligible 
 for a grant, a unit of government must provide at least 25 
 percent of the costs of the betterment of the bikeway.  

    HIST: 1977 c 421 s 5; 1981 c 356 s 179,248; 1982 c 424 s 130; 
 1983 c 289 s 115 subds 1,2; 1984 c 558 art 4 s 10; 1987 c 255 s 
 6; 1987 c 312 art 1 s 26 subd 2; 1994 c 465 art 2 s 14; 1996 c 
 305 art 2 s 33 

   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, except as provided in subdivision 7; 

    (10) paint, print, place, or affix any advertisement or any 
 object within the limits of any highway, except as provided in 
 subdivision 7; 

    (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. 

    Subd. 7.    Bicycle racks and bicycle storage facilities. 
  In cities of the first class, advertisements, public art, and 
 informational signs may be placed and maintained on bicycle 
 racks and bicycle storage facilities, and on any enclosure 
 around them, if (1) a road authority has issued a permit to the 
 city authorizing the bicycle racks and storage facilities to be 
 placed within the right-of-way of a public highway, (2) the city 
 has recommended and the road authority has authorized in the 
 permit the placement of advertisements, public art, and 
 informational signs on the bicycle racks and bicycle storage 
 facilities, and (3) the placement does not create an unsafe 
 situation.  Advertisements, public art, and information signs 
 authorized under this subdivision are subject to the terms and 
 conditions imposed by the road authority authorizing their 
 placement. 

    Subd. 8.    Trunk highway closure; authority, notice, 
 civil penalty.  (a) The commissioner may restrict the use of, 
 or close, any state trunk highway for the protection and safety 
 of the public or for the protection of the highway from damage 
 during and after storms if there is danger of the road becoming 
 impassable or if visibility is so limited that safe travel is 
 unlikely. 

    (b) To notify the public that a trunk highway is closed or 
 its use restricted, the commissioner shall give notice by one or 
 more of the following methods: 

    (1) erect suitable barriers or obstructions on the highway; 

    (2) post warnings or notices of the closing or restricting 
 of a trunk highway; 

    (3) place signs to warn, detour, direct, or otherwise 
 control traffic on the highway; or 

    (4) place personnel to warn, detour, direct, or otherwise 
 control traffic on the highway. 

    (c) A person is civilly liable for rescue costs if the 
 person (1) fails to obey the direction or instruction of 
 authorized personnel at the location of the closed highway, or 
 (2) drives over, through, or around a barricade, fence, or 
 obstruction erected to prevent traffic from passing over a 
 portion of a highway closed to public travel.  "Civilly liable 
 for rescue costs" means that the person is liable to a state 
 agency or political subdivision for costs incurred for the 
 purpose of rescuing the person, any passengers, or the vehicle.  
 Civil liability may be imposed under this subdivision in 
 addition to the misdemeanor penalty imposed under subdivision 
 5.  However, civil liability must not exceed $10,000.  A fine 
 paid by a defendant in a misdemeanor action that arose from the 
 same violation may not be applied toward payment of the civil 
 liability imposed under this subdivision. 

    (d) A state agency or political subdivision that incurs 
 costs as described in paragraph (c) may bring an action to 
 recover the civil liability and related legal, administrative, 
 and court costs.  A civil action may be commenced as is any 
 civil action. 

    HIST: 1959 c 500 art 1 s 27; 1973 c 123 art 5 s 7; 1977 c 334 
 s 1; 1979 c 275 s 1; 1980 c 435 s 1; 1980 c 533 s 2; 1986 c 387 
 s 1; 1986 c 398 art 27 s 2; 1986 c 435 s 1; 1989 c 179 s 2; 1995 
 c 23 s 1; 1998 c 283 s 1,2; 1998 c 403 s 5,6 

  160.271 Repealed, 1959 c 500 art 6 s 13 

  160.275 Repealed, 1957 c 943 s 72 

     160.276 Travel information franchise program. 

    Subdivision 1.    Established.  The commissioner of 
 transportation shall establish a franchise program to lease 
 space within tourist information centers and safety rest areas 
 for the purpose of providing information to travelers through 
 travel-related commercial and public service advertising.  

    Subd. 2.    Initial phase.  The program may, in its 
 initial phase, utilize space within existing publicly owned 
 buildings and shelters in safety rest areas and tourist 
 information centers.  This phase shall be operational by May 1, 
 1981.  Franchises for this phase shall be ready to let by 
 January 1, 1981.  

    Subd. 3.    Facilities.  The program may also include 
 franchises for the construction, operation and maintenance of 
 additional information structures by and at the expense of the 
 franchisee on state-owned lands within safety rest or tourist 
 information center areas.  All structures constructed by the 
 franchisee shall meet or exceed specifications prescribed by the 
 commissioner of transportation and shall satisfy the 
 requirements of the State Building Code for accessibility by the 
 physically handicapped.  All structures shall be designed to 
 enhance their site and shall be aesthetically compatible with 
 the natural environment.  

    Subd. 4.    Sites; advertising.  The commissioner shall 
 determine the sites to be included in this program and shall 
 also determine if the advertising display at each site is to be 
 inside or outside of any buildings or shelters.  

    Subd. 5.    Office of tourism.  The commissioner shall 
 provide space free of charge to the office of tourism for travel 
 information centers.  The commissioner shall not charge the 
 office of tourism for any regular expenses associated with the 
 operation of the travel information centers.  The commissioner 
 shall provide highway maps free of charge for use and 
 distribution through the travel information centers.  

    HIST: 1980 c 494 s 2; 1986 c 444; 1991 c 345 art 1 s 78 

     160.277 Commissioner to grant franchises. 

    Subdivision 1.    Procedure; agreement.  The 
 commissioner of transportation, by public negotiation or bid, 
 shall grant franchises for the purposes of section 160.276.  
 Each franchise agreement shall include the safety rest areas and 
 tourist information centers in a geographical area comprising 
 approximately one-quarter of the land area of the state.  The 
 franchise agreement shall insure that the franchisee provide 
 services throughout the area in as many tourist information 
 centers and safety rest areas as are reasonably necessary for 
 the convenience of travelers.  

    Subd. 2.    Insurance.  The commissioner of 
 transportation shall require the franchisee to obtain liability 
 insurance in an amount prescribed by the commissioner jointly 
 insuring the state and the franchisee against any and all 
 liability for claims for damage occurring wholly or partly 
 because of the existence of the franchise.  

    Subd. 3.    Revenue.  The franchise agreement may 
 provide that a percentage of the gross revenues derived from 
 advertising shall be paid to the state for deposit in the trunk 
 highway fund.  

    HIST: 1980 c 494 s 3 

     160.278 Additional franchise provisions. 

    Subdivision 1.    Agreement requirements.  Each 
 franchise agreement shall contain the following provisions:  

    (a) The franchisee shall comply with Code of Federal 
 Regulations, title 23, section 252 and subsequent revisions 
 pertaining to privately operated information systems; 

    (b) At least 40 percent of the commercial advertising space 
 shall be offered initially for a reasonable period of time to 
 local advertisers who provide services for travelers within a 
 60-mile radius of the safety rest area or tourist information 
 center; 

    (c) The franchisees shall make appropriate marketing 
 efforts in an attempt to lease at least 40 percent of the 
 commercial advertising space to local advertisers; and 

    (d) Reasonable performance standards, and maintenance 
 standards for structures constructed by the franchisee.  

    Subd. 2.    Advertising space limitations.  The 
 franchise agreement shall impose limitations on advertising 
 space within state-owned buildings or on state-owned property in 
 safety rest areas and tourist information centers.  

    Subd. 3.    Reasonable terms and conditions.  The 
 commissioner of transportation may require additional reasonable 
 terms and conditions to be included in the franchise agreement, 
 including but not limited to, provisions governing the renewal 
 and termination of the agreement, and in the event of 
 termination, the rights of the state and the franchisee in 
 advertising contracts and in buildings constructed by the 
 franchisee.  

    HIST: 1980 c 494 s 4 

   160.28 Plans for public travel facilities. 

    Subdivision 1.    Rest areas; tourist information centers; 
 weigh stations.  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 the 
 commissioner deems 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 dispensing food, 
 nonalcoholic beverages, or milk in rest areas, tourist 
 information centers, and weigh stations on marked interstate 
 highways and primary trunk highways.  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.

    HIST: 1967 c 167 s 1; 1976 c 166 s 7; 1984 c 417 s 4; 1988 c 
 570 s 1 

   160.281 Tourist information center in South Dakota. 

    Subdivision 1.    Authority to acquire site.  The 
 commissioner of transportation is authorized to enter into an 
 agreement with appropriate officials of the federal government 
 and the state of South Dakota, to acquire by gift or purchase 
 for trunk highway uses and purposes such land in the state of 
 South Dakota as the commissioner may deem necessary for use as a 
 site for and to construct and operate thereon a combination rest 
 area and tourist information center, which center shall be 
 located not more than one mile west of the Minnesota-South 
 Dakota state lines, along the eastbound lane of Interstate 90. 

    Subd. 2.    Operation and maintenance of center.  The 
 personnel who shall operate the center authorized by subdivision 
 1, shall be employees of the state of Minnesota.  However, the 
 commissioner of transportation may enter into an agreement with 
 the appropriate officials of the state of South Dakota, under 
 which the maintenance to be provided to the center itself and 
 the site in toto may be provided by persons not employees of the 
 state of Minnesota, which persons may be employees of the state 
 of South Dakota.  The agreement may provide for reasonable 
 compensation. 

    Subd. 3.    Payment of taxes and assessments.  The 
 commissioner may, in connection with the construction, 
 maintenance, operation, and use of the center, pay any and all 
 taxes or special assessments, if any, that may be assessed 
 against said property by the state of South Dakota or its 
 political subdivisions or taxing districts. Provided, however, 
 that nothing in this subdivision shall be construed to authorize 
 the commissioner to pay any tax or special assessment which 
 would not be required to be paid by the state of South Dakota 
 for similarly held and used property.  

    Subd. 4.    Costs paid out of trunk highway fund.  The 
 cost of the land acquisition, the construction, operation, and 
 maintenance costs as agreed, of the center provided for herein 
 shall be paid out of the trunk highway fund. 

    HIST: 1969 c 89 s 1-4; 1976 c 166 s 7; 1986 c 444 

     160.282 Rest areas and tourist information centers; 
  maintenance contracts. 

    Notwithstanding any other statute to the contrary, the 
 commissioner of transportation may negotiate contracts, with or 
 without requiring the submission of bids therefor, for the 
 providing of maintenance services for interstate and trunk 
 highway rest stop and tourist information centers.  The terms 
 and conditions of such contracts shall be as agreed upon and 
 shall be such as to promote and encourage the employment of 
 needy, elderly persons. 

    HIST: 1969 c 157 s 1; 1976 c 166 s 7 

     160.283 Resort information signs; purpose. 

    Subdivision 1.    Legislative findings.  It is hereby 
 found and declared that the development and promotion of the 
 tourist industry is important to the economic welfare of the 
 state.  It is further found that the control and regulation of 
 outdoor advertising and the consequential removal of certain 
 advertising devices has adversely affected many resorts though 
 such regulation and control of outdoor advertising is in the 
 general interest of the people and is necessary to conserve the 
 natural beauty of areas adjacent to highways and roads of the 
 state.  The legislature finds that in order to alleviate 
 hardships on the tourist industry caused by limitations imposed 
 on the use of outdoor advertising along certain local highways 
 and roads and to also conserve the natural beauty of areas 
 adjacent to such local highways and roads, it is necessary that 
 devices, directional in nature, be erected on certain local 
 highways and roads as hereinafter provided for the purpose of 
 guiding tourists and other travelers to their destination, and 
 that such directional devices be standardized and the design 
 therefor and distribution thereof be controlled by the 
 department of transportation with the counties participating 
 therein. 

    Subd. 2.    Applicability.  The provisions of sections 
 160.283 to 160.285 only apply to directional devices or signs 
 that may be erected pursuant to the provisions of sections 
 160.283 to 160.285 on those county state-aid highways, county 
 highways and town roads within one-half mile of areas that have 
 restrictions on the erection of advertising devices along or 
 adjacent thereto imposed under the applicable provisions of 
 chapter 173. 

    Subd. 3.    Resort defined.  For the purposes of 
 sections 160.283 to 160.285 the term "resort" shall be as 
 defined in section 157.15 or a golf course, restaurant, or motel 
 as defined in section 157.15 or recreational camping area as 
 defined in section 327.14, subdivision 8. 

    HIST: 1971 c 675 s 1; 1976 c 166 s 7; 1982 c 617 s 1; 1984 c 
 417 s 5; 1987 c 384 art 1 s 18; 1995 c 207 art 9 s 60 

     160.284 Resort signs; design and manufacture. 

    The department of transportation shall design a sign of 
 such size and dimension and of a type sufficient to provide 
 directional information, on slats designed for that purpose, for 
 at least five individual resorts.  The department of 
 transportation shall contract for the construction or 
 manufacture of such signs, either with private industry or 
 through some agency of the state.  All such signs shall be of a 
 standard size and design. 

    HIST: 1971 c 675 s 2; 1976 c 166 s 7 

     160.285 Resort signs; county participation. 

    Subdivision 1.    Expenditures for signs.  Any county of 
 this state is authorized to expend county road and bridge funds 
 for the purchase of signs under section 160.283, 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, provided that the cost of the signs to the counties must 
 be 100 percent reimbursed by the requester. 

    Subd. 2.    Erection and maintenance.  Counties may 
 erect and maintain these signs at the expense of the requester 
 on those county state-aid highways, county highways and town 
 roads designated in section 160.283, subdivision 2 provided that 
 these signs 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.    Fund credited.  All money received from the 
 purchase of signs from any county must be deposited in the state 
 treasury and credited to the trunk highway fund. 

    HIST: 1971 c 675 s 3; 1973 c 35 s 33; 1976 c 166 s 7; 1984 c 
 417 s 6 

   160.29 Vacation of public ways by municipality. 

    Subdivision 1.    Municipality defined.  For purposes of 
 this section the term "municipality" means any city, county or 
 town.  The term "public way" means any highway, road, street, 
 cartway, alley or lane or other publicly owned interest in real 
 property which is open to the free passage and use of the public.

    Subd. 2.    Effect on easements.  In proceedings under 
 statute or charter to vacate a public way or portion thereof, a 
 municipality may specify the extent to which such vacation 
 affects existing easements therein and the extent to which the 
 vacation affects the authority of any person, corporation or 
 municipality owning or controlling electric or telephone poles 
 and lines, gas and sewer lines, or water pipes, mains and 
 hydrants, thereon or thereunder, to continue maintaining the 
 same or to enter upon such way or portion thereof vacated to 
 maintain, repair, replace, remove or otherwise attend thereto.  

    HIST: 1971 c 461 s 1,2; 1973 c 123 art 5 s 7 

  160.291 Repealed, 1959 c 500 art 6 s 13 

     160.292 Information signs for specific services; 
  definitions. 

    Subdivision 1.    Scope.  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.  "Specific service 
 sign" means a rectangular sign panel displaying the name or 
 optional business panel, or both, of a rural agricultural or 
 tourist-oriented business, place of worship, motel, restaurant, 
 resort, recreational camping area, or gasoline service station 
 or other retail motor fuel business and, where appropriate, the 
 direction to and distance to the rural agricultural or 
 tourist-oriented business, place of worship, recreational 
 camping area, motel, restaurant, resort, or gasoline service 
 station or other retail motor fuel business. 

    Subd. 3.    Specific service sign assembly.  "Specific 
 service sign assembly" means a combination of specific service 
 sign panels to be placed within the right-of-way on appropriate 
 approaches to an intersection or interchange. 

    Subd. 4.    Specific service sign cluster.  "Specific 
 service sign cluster" means a grouping of specific service sign 
 assemblies on appropriate approaches to an intersection or 
 interchange. 

    Subd. 5.    Nonfreeway trunk highway.  "Nonfreeway trunk 
 highway" means all (1) roadways that are not designated freeways 
 and that have crossing traffic at grade intersections and (2) 
 bypasses of outstate municipalities that have interchanges at 
 intersections of trunk highways with local roads or with other 
 trunk highways. 

    Subd. 6.    Resort.  "Resort" has the meaning given it 
 in section 157.15. 

    Subd. 7.    Motel.  "Motel" has the meaning given to the 
 word "hotel" in section 157.15.  

    Subd. 7a.    Restaurant.  "Restaurant" has the meaning 
 given it in section 157.15.  

    Subd. 8.    Recreational camping area.  "Recreational 
 camping area" has the meaning given it in section 327.14, 
 subdivision 8. 

    Subd. 9.    Local road.  "Local road" means any nontrunk 
 highway. 

    Subd. 10.    Specific service.  "Specific service" means 
 restaurants; rural agricultural or tourist-oriented businesses; 
 places of worship; gasoline service stations and other retail 
 motor fuel businesses; and motels, resorts, or recreational 
 camping areas that provide sleeping accommodations for the 
 traveling public.  "Tourist-oriented business" means a business, 
 service, or activity that receives the major portion of its 
 income or visitors during the normal business season from 
 motorists not residing in the immediate area of the business or 
 activity.  "Tourist-oriented business" includes, but is not 
 limited to:  (1) a greenhouse or nursery, (2) a bait and tackle 
 shop, (3) a marina, and (4) a gift or antique shop. 

    Subd. 11.    Gasoline service station; retail motor fuel 
 business.  "Gasoline service station" or "retail motor fuel 
 business" means a business that provides vehicle services 
 including fuel and oil; provides restroom facilities and 
 drinking water; provides staff for continuous operation at least 
 12 hours per day, seven days per week; and provides public 
 access to a telephone.  

    Subd. 12.    Business panel.  "Business panel" means a 
 separately attached sign panel that shows, either individually 
 or in combination, the brand, symbol, trademark, or logo of the 
 business service. 

    HIST: 1980 c 413 s 1; 1981 c 55 s 1; 1984 c 417 s 7; 1988 c 
 595 s 1,2; 1989 c 181 s 1,2; 1995 c 207 art 9 s 60; 1996 c 456 s 
 1-8; 1997 c 143 s 2 

     160.293 Specific service signs; intended use. 

    Subdivision 1.    Purpose.  Specific service signs are 
 to be used to create and implement a system of signing for the 
 purpose of displaying specific service information to the 
 traveling public on nonfreeway trunk highways in rural areas.  

    Subd. 2.    Signs at intersections and interchanges.  A 
 specific service sign may be erected at the intersection or 
 interchange of a trunk highway with a controlled access road or 
 a local road, and at the intersection or interchange of two 
 trunk highways.  A specific service sign may not be erected if 
 the place of business is readily visible, if effective 
 directional advertising is visible, or if an advertising sign 
 can be legally and effectively located near the intersection or 
 interchange.  

    Subd. 3.    Number of trunk highway intersections or 
 interchanges.  A specific service sign for a rural 
 agricultural or tourist-oriented business, place of worship, 
 restaurant, motel, resort, recreational camping area, or 
 gasoline service station or other retail motor fuel business is 
 limited to one intersection or interchange on the trunk highway 
 system.  Additional signing may be considered when the place of 
 business is located between, or approximately an equal distance 
 from, two or more trunk highways. 

    Subd. 4.    Trailblazing.  Appropriate signing on local 
 roads between a trunk highway intersection or interchange and a 
 specific service shall be the responsibility of the specific 
 service and the local road authority.  

    Subd. 5.    Signing standards.  Placement of specific 
 service sign assemblies shall be in accordance with sections 
 160.292 to 160.296 and existing traffic control device standards.

    Subd. 6.    Rural road markings.  Rural roads, named and 
 marked in accordance with resolutions from their road authority, 
 shall continue to be identified.  

    HIST: 1980 c 413 s 2; 1981 c 55 s 2-4; 1984 c 417 s 8,9; 1988 
 c 595 s 3,4; 1989 c 181 s 3; 1991 c 16 s 1,2; 1996 c 456 s 9-12 

     160.294 Specific service sign details. 

    Subdivision 1.    Construction of sign.  Specific 
 service sign panels shall be made of reflective sheeting and 
 shall be on blue background with white letters, arrows and 
 border.  The directional arrow and mileage shall be displayed on 
 the same side of the panel as the direction of turn on specific 
 service sign panels located on nonfreeway trunk highways at 
 grade intersections and on exit ramps at interchanges located on 
 bypasses of outstate municipalities.  The specific service sign 
 panel shall display only the name or optional business panel, or 
 both, when installed on nonfreeway trunk highways at 
 interchanges located on bypasses of outstate municipalities.  

    Subd. 1a.    Business panels.  Business panels shall be 
 made of reflective sheeting and shall not resemble a traffic 
 sign, signal, or device.  The business' trademark, symbol, or 
 logo shall be consistent on all business panels for a specific 
 business.  The business panel shall not include any supplemental 
 messages or additional verbiage. 

    Subd. 2.    Specific service sign assemblies.  No 
 specific service sign or assembly shall be placed at a location 
 that will interfere with other necessary signing as determined 
 by the commissioner of transportation.  

    HIST: 1980 c 413 s 3; 1996 c 456 s 13-15 

     160.295 Criteria for specific service signs. 

    Subdivision 1.    Conformity with law.  A specific 
 service identified on a specific service sign shall be in 
 conformity with all applicable laws and rules concerning the 
 provisions for public accommodation without regard to race, 
 religion, color, sex or national origin.  

    Subd. 2.    Distance to specific service.  A specific 
 service sign may be placed on a nonfreeway trunk highway if the 
 specific service is located within 15 miles of the qualifying 
 site.  

    Subd. 3.    Motel, restaurant, and resort.  Motels, 
 restaurants, and resorts served by the specific service signing 
 shall be licensed by the state department of health as required 
 by section 157.16. 

    Subd. 4.    Recreational camping area.  Recreational 
 camping areas shall possess a state department of health license 
 as required by section 327.15 and the following: 

    (1) a minimum of 15 camping spaces; 

    (2) modern sanitary facilities (flush, chemical, or 
 incinerator toilets) and drinking water; and 

    (3) services available 24 hours a day.  

    Subd. 5.    Rural agricultural business or 
 tourist-oriented business.  A rural agricultural or 
 tourist-oriented business must be open a minimum of eight hours 
 per day, six days per week, and 12 months per year.  However, a 
 seasonal business may qualify if it is open eight hours per day 
 and six days per week during the normal seasonal period. 

    HIST: 1980 c 413 s 4; 1981 c 55 s 5; 1984 c 417 s 10,11; 1985 
 c 248 s 70; 1988 c 595 s 5; 1989 c 181 s 4; 1996 c 451 art 4 s 
 70; 1996 c 456 s 16 

     160.296 Specific service signs; administration; rules. 

    Subdivision 1.    Procedure.  (a) A person who desires a 
 specific service sign panel shall request the commissioner of 
 transportation to install the sign.  The commissioner of 
 transportation may grant the request if the applicant qualifies 
 for the sign panel and if space is available.  All signs shall 
 be fabricated, installed, maintained, replaced and removed by 
 the commissioner of transportation.  The applicant shall pay a 
 fee to the commissioner of transportation to cover all costs for 
 fabricating, installing, maintaining, replacing and removing.  

    (b) If the applicant desires to display a business panel, 
 the business panel for each specific service sign panel shall be 
 supplied by the applicant.  All costs to fabricate business 
 panels shall be paid by the applicant.  All business panels 
 shall be installed and removed by the appropriate road 
 authority.  The costs for installing and removing business sign 
 panels on specific service signs located on nonfreeway trunk 
 highways are included in the fee specified in paragraph (a).  If 
 a business panel is stolen or damaged beyond repair, the 
 applicant shall supply a new business panel paid for by the 
 applicant. 

    Subd. 2.    Seasonal services.  All sign panels for 
 seasonal services shall be covered or removed when the service 
 is not available.  

    Subd. 3.    Communications.  Any new or participating 
 specific service business shall respond to any communication 
 from the commissioner of transportation within 30 days or an in 
 place sign panel will be removed.  

    Subd. 4.    Sign removal.  The specific service sign 
 panels shall be removed by the commissioner of transportation if 
 any of the requirements in sections 160.292 to 160.296 are not 
 continually met.  

    HIST: 1980 c 413 s 5; 1996 c 456 s 17; 1998 c 403 s 7 

     160.297 Other sign laws. 

    Sections 160.292 to 160.296 provide additional authority to 
 erect signs on nonfreeway trunk highways and do not limit the 
 authority to erect highway signs provided by other law or rule. 

    HIST: 1980 c 413 s 6; 1996 c 456 s 18 

  160.30 Repealed, 1957 c 943 s 72 

  160.301 Repealed, 1959 c 500 art 6 s 13 

  160.31 Repealed, 1957 c 943 s 72 

  160.311 Repealed, 1959 c 500 art 6 s 13 

  160.32 Repealed, 1957 c 943 s 72 

  160.321 Repealed, 1959 c 500 art 6 s 13 

  160.33 Repealed, 1957 c 943 s 72 

  160.331 Repealed, 1959 c 500 art 6 s 13 

  160.34 Repealed, 1957 c 943 s 72 

  160.341 Repealed, 1959 c 500 art 6 s 13 

  160.35 Repealed, 1957 c 943 s 72 

  160.351 Repealed, 1959 c 500 art 6 s 13 

  160.36 Repealed, 1957 c 943 s 72 

  160.361 Repealed, 1959 c 500 art 6 s 13 

  160.37 Repealed, 1957 c 943 s 72 

  160.371 Repealed, 1959 c 500 art 6 s 13 

  160.38 Repealed, 1957 c 943 s 72 

  160.381 Repealed, 1959 c 500 art 6 s 13 

  160.39 Repealed, 1957 c 943 s 72 

  160.391 Repealed, 1959 c 500 art 6 s 13 

  160.40 Repealed, 1957 c 943 s 72 

  160.401 Repealed, 1959 c 500 art 6 s 13 

  160.41 Repealed, 1957 c 943 s 72 

  160.411 Repealed, 1959 c 500 art 6 s 13 

  160.42 Repealed, 1957 c 943 s 72 

  160.421 Repealed, 1959 c 500 art 6 s 13 

  160.43 Repealed, 1957 c 943 s 72 

  160.431 Repealed, 1957 c 943 s 72 

  160.432 Repealed, 1949 c 672 s 7 

  160.433 Repealed, 1957 c 943 s 72 

  160.435 Repealed, 1959 c 500 art 6 s 13 

  160.44 Repealed, 1957 c 943 s 72 

  160.441 Repealed, 1959 c 500 art 6 s 13 

  160.45 Repealed, 1957 c 943 s 72 

  160.451 Renumbered 161.115 

  160.46 Repealed, 1957 c 943 s 72 

  160.461 Repealed, 1959 c 500 art 6 s 13 

  160.47 Repealed, 1957 c 943 s 72 

  160.471 Repealed, 1959 c 500 art 6 s 13 

  160.475 Repealed, 1959 c 500 art 6 s 13 

  160.48 Repealed, 1957 c 943 s 72 

  160.481 Repealed, 1959 c 500 art 6 s 13 

  160.49 Repealed, 1957 c 943 s 72 

  160.491 Repealed, 1959 c 500 art 6 s 13 

  160.50 Repealed, 1957 c 943 s 72 

  160.501 Repealed, 1959 c 500 art 6 s 13 

  160.51 Repealed, 1957 c 943 s 72 

  160.511 Repealed, 1959 c 500 art 6 s 13 

  160.512 Repealed, 1959 c 500 art 6 s 13 

  160.513 Repealed, 1959 c 500 art 6 s 13 

  160.52 Repealed, 1957 c 943 s 72 

  160.521 Repealed, 1959 c 500 art 6 s 13 

  160.53 Repealed, 1957 c 943 s 72 

  160.531 Repealed, 1959 c 500 art 6 s 13 

  160.54 Repealed, 1957 c 943 s 72 

  160.541 Repealed, 1959 c 500 art 6 s 13 

  160.55 Repealed, 1957 c 943 s 72 

  160.551 Repealed, 1959 c 500 art 6 s 13 

  160.56 Repealed, 1957 c 943 s 72 

  160.561 Repealed, 1959 c 500 art 6 s 13 

  160.57 Repealed, 1957 c 943 s 72 

  160.571 Repealed, 1959 c 500 art 6 s 13 

  160.58 Repealed, 1957 c 943 s 72 

  160.581 Repealed, 1959 c 500 art 6 s 13 

  160.59 Repealed, 1957 c 943 s 72 

  160.591 Repealed, 1959 c 500 art 6 s 13 

  160.60 Repealed, 1957 c 943 s 72 

  160.601 Repealed, 1959 c 500 art 6 s 13 

  160.61 Renumbered 169.901 

  160.611 Repealed, 1959 c 500 art 6 s 13 

  160.62 Repealed, 1957 c 943 s 72 

  160.621 Repealed, 1959 c 500 art 6 s 13 

  160.63 Repealed, 1957 c 943 s 72 

  160.631 Repealed, 1959 c 500 art 6 s 13 

  160.64 Repealed, 1957 c 943 s 72 

  160.641 Repealed, 1959 c 500 art 6 s 13 

  160.65 Repealed, 1957 c 943 s 72 

  160.651 Repealed, 1959 c 500 art 6 s 13 

  160.66 Repealed, 1957 c 943 s 72 

  160.661 Repealed, 1959 c 500 art 6 s 13 

  160.67 Repealed, 1957 c 943 s 72 

  160.671 Repealed, 1959 c 500 art 6 s 13 

  160.68 Repealed, 1957 c 943 s 72 

  160.681 Repealed, 1959 c 500 art 6 s 13 

  160.69 Repealed, 1957 c 943 s 72 

  160.691 Repealed, 1959 c 500 art 6 s 13 

  160.692 Repealed, 1959 c 500 art 6 s 13 

  160.70 Repealed, 1957 c 943 s 72 

  160.701 Repealed, 1959 c 500 art 6 s 13 

  160.702 Repealed, 1959 c 500 art 6 s 13 

     160.80 Sign franchise program. 

    Subdivision 1.    Commissioner may establish program.  
 (a) 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.  

    (b) The sign franchise program must include urban 
 interstate highways.  

    Subd. 1a.    Eligibility criteria for business panels.  
 (a) To be eligible for a business panel on a logo sign panel, a 
 business establishment must: 

    (1) be open for business; 

    (2) have a sign on site that both identifies the business 
 and is visible to motorists; 

    (3) be open to everyone, regardless of race, religion, 
 color, age, sex, national origin, creed, marital status, sexual 
 orientation, or disability; 

    (4) not impose a cover charge or otherwise require 
 customers to purchase additional products or services; and 

    (5) meet the appropriate criteria in paragraphs (b) to (e). 

    (b) Gas businesses must provide vehicle services including 
 fuel and oil; restroom facilities and drinking water; 
 continuous, staffed operation at least 12 hours a day, seven 
 days a week; and public access to a telephone. 

    (c) Food businesses must serve at least two meals a day 
 during normal mealtimes of breakfast, lunch, and dinner; provide 
 a continuous, staffed food service operation at least ten hours 
 a day, seven days a week except holidays as defined in section 
 645.44, subdivision 5, and except as provided for seasonal food 
 service businesses; provide seating capacity for at least 20 
 people; serve meals prepared on the premises; and possess any 
 required state or local licensing or approval.  Reheated, 
 prepackaged, ready-to-eat food is not "food prepared on the 
 premises."  Seasonal food service businesses must provide a 
 continuous, staffed food service operation at least ten hours a 
 day, seven days a week, during their months of operation. 

    (d) Lodging businesses must include sleeping 
 accommodations, provide public access to a telephone, and 
 possess any required state or local licensing or approval. 

    (e) Camping businesses must include sites for camping, 
 include parking accommodations for each campsite, provide 
 sanitary facilities and drinking water, and possess any required 
 state or local licensing or approval. 

    (f) Businesses that do not meet the appropriate criteria in 
 paragraphs (b) to (e) but that have a signed lease as of January 
 1, 1998, may retain the business panel until December 31, 2005, 
 or until they withdraw from the program, whichever occurs first, 
 provided they continue to meet the criteria in effect in the 
 department's contract with the logo sign vendor on August 1, 
 1995.  After December 31, 2005, or after withdrawing from the 
 program, a business must meet the appropriate criteria in 
 paragraphs (a) to (e) to qualify for a business panel. 

    (g) Seasonal businesses must indicate to motorists when 
 they are open for business by either putting the full months of 
 operation directly on the business panel or by having a "closed" 
 plaque applied to the business panel when the business is closed 
 for the season. 

    (h) The maximum distance that an eligible business in 
 Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington 
 county can be located from the interchange is:  for gas 
 businesses, one mile; for food businesses, two miles; for 
 lodging businesses, three miles; and for camping businesses, ten 
 miles. 

    (i) The maximum distance that an eligible business in any 
 other county can be located from the interchange shall not 
 exceed 15 miles in either direction. 

    (j) Logo sign panels must be erected so that motorists 
 approaching an interchange view the panels in the following 
 order:  camping, lodging, food, gas. 

    (k) If there is insufficient space on a logo sign panel to 
 display all eligible businesses for a specific type of service, 
 the businesses closest to the interchange have priority over 
 businesses farther away from the interchange. 

    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. Repealed, 1988 c 629 s 64 

    HIST: 1984 c 417 s 12; 1986 c 444; 1993 c 128 s 1; 1998 c 403 
 s 8,9 

     160.81 Highways in recreation areas. 

    Subdivision 1.    Joint standards.  The commissioner of 
 transportation, in consultation with the commissioner of natural 
 resources, shall establish standards for trunk highway segments 
 located in areas of unusual scenic interest.  The standards 
 shall:  

    (1) establish and ensure that the safety of the traveling 
 public is maintained or enhanced; 

    (2) define "areas of unusual scenic interest," which must 
 include major recreational areas, historic areas, and major 
 publicly and privately owned tourist attractions; 

    (3) prescribe standards for right-of-way, shoulders, and 
 parking areas for trunk highway segments in such areas; and 

    (4) prescribe standards for scenic overlooks, parking piers 
 and other parking areas, tourist information facilities, public 
 water access points and other facilities intended to expand the 
 recreational use of trunk highway segments in such areas. 

    Subd. 2.    Plan.  The commissioner of transportation, 
 in consultation with the commissioner of natural resources, 
 shall prepare a plan for the recreational uses of trunk highway 
 right-of-way and adjacent public land in areas of unusual scenic 
 interest.  The plan must ensure that the safety of the traveling 
 public is maintained or enhanced.  The plan must provide for the 
 enhancement of such recreational uses by the construction of new 
 recreational facilities or the improvement or rehabilitation of 
 existing recreational facilities, as enumerated in subdivision 
 1, clause (4).  The plan must provide for joint development of 
 these facilities by the departments of transportation and 
 natural resources, where feasible, and must contain provisions 
 permitting local units of government and regional development 
 commissions to participate in the planning and development of 
 recreational facilities. 

    Subd. 3.    Recreational facilities.  The commissioner 
 of transportation may, in areas of unusual scenic interest: 

    (1) construct, improve, and maintain recreational 
 facilities, including parking areas, scenic overlooks, and 
 tourist information facilities, on trunk highway right-of-way 
 and adjacent areas; and 

    (2) construct, improve, and maintain access ramps and 
 turnoffs to connect trunk highways with recreational land owned 
 by the department of natural resources. 

    Subd. 4. Repealed, 1987 c 321 s 8 

    HIST: 1986 c 454 s 4; 1987 c 321 s 1; 1994 c 635 art 1 s 2 

     160.82 Park roads. 

    Subdivision 1.    Definition.  "Park road" means that 
 portion of a street or highway located entirely within the park 
 boundaries of a city, county, regional, or state park. 

    Subd. 2.    Restrictions.  A road authority may not make 
 a change in the width, grade, or alignment of a park road that 
 would affect the wildlife habitat or aesthetic characteristics 
 of the park road or its adjacent vegetation or terrain, unless: 

    (1) the change is required to permit the safe travel of 
 vehicles at the speed lawfully designated for the park road, in 
 which case the change must be made; or 

    (2) if the road is a county state-aid highway or municipal 
 state-aid street, the change is required by the minimum 
 state-aid standard applicable to the road. 

    Subd. 3.    Liability.  A road authority and its 
 officers and employees, are exempt from liability for any tort 
 claim for injury to persons or property arising from travel on a 
 park road and related to the design of the park road, if: 

    (1) the design is adopted to conform to subdivision 2; 

    (2) the design is not grossly negligent; and 

    (3) if the park road is a county state-aid highway or 
 municipal state-aid street, the design complies with the minimum 
 state-aid standard applicable to the road. 

    This subdivision does not preclude an action for damages 
 arising from negligence in the construction, reconstruction, or 
 maintenance of a park road. 

    HIST: 1991 c 298 art 4 s 2; 1994 c 635 art 1 s 3 

     160.83 Rustic roads program. 

    Subdivision 1.    Definition.  A "rustic road" is a road 
 that is not on the state-aid system that has the following 
 characteristics:  outstanding natural features or scenic beauty; 
 an average daily traffic volume of less than 150 vehicles per 
 day; year-round use as a local access road; and maximum 
 allowable speed of 45 miles per hour. 

    Subd. 2.    Local authority.  A road authority other 
 than the commissioner may, by resolution, designate a road or 
 highway under its jurisdiction a rustic road and the road 
 authority may designate the type and character of vehicles that 
 may be operated on the rustic road; designate the road or a 
 portion of the road as a pedestrian way or bicycle way, or both; 
 and establish priority of right-of-way, paint lines, and 
 construct dividers to physically separate vehicular, bicycle, or 
 pedestrian traffic. 

    Subd. 3.    Joint designation.  Two or more road 
 authorities may jointly designate a rustic road along a common 
 boundary or into or through their jurisdictions.  The road 
 authorities may enter into agreements to divide the costs and 
 responsibility for maintaining the rustic road. 

    Subd. 4.    Costs.  A rustic road must be maintained by 
 the road authority having jurisdiction over the road and is not 
 eligible for state-aid funding.  State money must not be spent 
 to construct, reconstruct, maintain, or improve a rustic road. 

    Subd. 5.    Liability.  A rustic road may be maintained 
 at a level less than the minimum standards required for 
 state-aid highways, roads, and streets, but must be maintained 
 at the level required to serve anticipated traffic volumes.  
 Where a road has been designated by resolution as a rustic road 
 and speed limits have been posted under subdivision 1, the road 
 authority with jurisdiction over the road, and its officers and 
 employees, are exempt from liability for any tort claim for 
 injury to person or property arising from travel on the rustic 
 road related to its maintenance, design, or condition if: 

    (1) the maintenance, design, or condition is consistent 
 with the anticipated use as described in subdivision 2; and 

    (2) the maintenance, design, or condition is not grossly 
 negligent. 

    Nothing in this subdivision exempts a road authority from 
 its duty to maintain bridges under chapter 165 or other 
 applicable law. 

    HIST: 1991 c 298 art 4 s 3; 1996 c 455 art 3 s 2 

     160.84 Definitions. 

    Subdivision 1.    Scope.  The terms used in sections 
 160.84 to 160.92 have the meanings given them in this section 
 and section 160.02. 

    Subd. 2.    BOT facility.  "BOT facility" means a 
 build-operate-transfer toll facility developed, financed, 
 designed, constructed, improved, rehabilitated, and operated by 
 a private operator who holds title to the facility subject to a 
 development agreement providing that title will be transferred 
 to the road authority on expiration of an agreed term. 

    Subd. 3.    BTO facility.  "BTO facility" means a 
 build-transfer-operate toll facility developed, financed, 
 designed, constructed, improved, or rehabilitated by a private 
 operator who:  (1) transfers any interest it may have in the 
 toll facility to the road authority before operation begins; and 
 (2) operates the toll facility for an agreed term under a lease, 
 management, or toll concession agreement. 

    Subd. 4.    Commissioner.  "Commissioner" means the 
 commissioner of the Minnesota department of transportation. 

    Subd. 5.    Development agreement.  "Development 
 agreement" means a written agreement between a road authority 
 and a private operator that provides for the development, 
 financing, design, construction, improvement, rehabilitation, 
 ownership, and operation of a toll facility. 

    Subd. 6.    Metropolitan area.  "Metropolitan area" has 
 the meaning given it in section 473.121, subdivision 2. 

    Subd. 7.    Private operator.  "Private operator" means 
 an individual, corporation, partnership, cooperative or 
 unincorporated association, joint venture, or consortium that 
 develops, finances, designs, constructs, improves, 
 rehabilitates, owns, or operates a toll facility subject to 
 sections 160.84 to 160.92. 

    Subd. 8.    Road authority.  "Road authority" has the 
 meaning given it in section 160.02, subdivision 9, and also 
 refers to a joint powers authority formed under section 160.91. 

    Subd. 9.    Toll facility.  "Toll facility" means a 
 bridge, causeway, or tunnel, and its approaches; a road, street, 
 or highway; an appurtenant building, structure, or other 
 improvement; land lying within applicable rights-of-way; and 
 other appurtenant rights or hereditaments that together comprise 
 a project for which a road authority or private operator is 
 authorized to develop, finance, design, operate, and impose 
 tolls under sections 160.84 to 160.92. 

    HIST: 1993 c 211 s 1 

     160.85 Authority for toll facility. 

    Subdivision 1.    Road authority.  A road authority may 
 solicit or accept proposals from and enter into development 
 agreements with private operators for developing, financing, 
 designing, constructing, improving, rehabilitating, owning, and 
 operating toll facilities wholly or partly within the road 
 authority's jurisdiction.  If a road authority solicits toll 
 facility proposals, it must publish a notice of solicitation in 
 the State Register. 

    Subd. 2.    Private operators.  Private operators are 
 authorized to develop, finance, design, construct, improve, 
 rehabilitate, own, and operate toll facilities subject to the 
 terms of sections 160.84 to 160.92.  Private operators may 
 mortgage, grant security interests in, and pledge their 
 interests in:  (1) toll facilities and their components; (2) 
 development, lease, management, toll concessions, and other 
 related agreements; and (3) income, profits, and proceeds of the 
 toll facility. 

    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 and 
 473.167, subdivision 1.  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. 

    Subd. 3a.    Information meeting.  Before approving or 
 denying a development agreement, the commissioner shall hold a 
 public information meeting in any municipality or county in 
 which any portion of the proposed toll facility runs.  The 
 commissioner shall determine the time and place of the 
 information meeting. 

    Subd. 4.    Development agreement.  (a) A development 
 agreement for toll facilities may provide for any mode of 
 ownership or operation approved by the road authority, including 
 ownership by the private operator with or without reversion of 
 title, operation of the facilities under leases or management 
 contracts, toll concessions, or BOT or BTO facilities. 

    (b) A development agreement may permit the private operator 
 to assemble funds from any available source and to incorporate 
 an existing road or highway, bridge, and approach structures, 
 and related improvements, into the toll facility.  The agreement 
 must provide the terms and conditions of the incorporation. 

    (c) A development agreement may include grants of title, 
 easements, rights-of-way, and leasehold estates necessary to the 
 toll facility. 

    (d) A development agreement may authorize the private 
 operator to charge variable rate tolls based on time of day, 
 vehicle characteristics, or other factors approved by the road 
 authority. 

    (e) A development agreement may provide for maintenance, 
 snow removal, and police standards that exceed the standards of 
 the road authority for facilities of the same functional 
 classification. 

    (f) A development agreement may include authorization by 
 the road authority to the private operator to exercise powers 
 possessed by the road authority for similar facilities. 

    Subd. 5.    Right-of-way acquisition.  A private 
 operator may acquire right-of-way by donation, lease, or 
 purchase.  A road authority may acquire right-of-way by eminent 
 domain and may donate, sell, or lease a right-of-way to a 
 private operator. 

    Subd. 6.    Restriction.  No toll facility may be used 
 for any purpose other than the purposes specified in the 
 development agreement for the term of the agreement. 

    Subd. 7.    Toll facility acquired by road authority.  A 
 development agreement that requires transfer or reversion of a 
 toll facility to a road authority must provide the terms and 
 conditions of the transfer or reversion.  The facility shall 
 meet at least the maintenance standards of the road authority 
 for facilities of the same functional classification during the 
 term of the agreement. 

    Subd. 8.    Application of other law.  A private 
 operator must have environmental, navigational, design, or 
 safety approvals as if the toll facility were constructed or 
 operated by a road authority. 

    HIST: 1993 c 211 s 2; 1996 c 455 art 3 s 3 

     160.86 Toll facility development agreements; mandatory 
  provisions. 

    A development agreement must include the following 
 provisions: 

    (a) The toll facility must meet the road authority's 
 standards of design and construction for roads and bridges of 
 the same functional classification. 

    (b) The commissioner must review and approve the location 
 and design of a bridge over navigable waters as if the bridge 
 were constructed by a road authority.  This requirement does not 
 diminish the private operator's responsibility for bridge safety.

    (c) The private operator shall manage and operate the toll 
 facility in cooperation with the road authority and subject to 
 the development agreement. 

    (d) The toll facility is subject to regular inspections by 
 the road authority and the commissioner. 

    (e) The agreement must provide the terms and conditions of 
 maintenance, snow removal, and police services to the toll 
 facility.  The road authority must provide the services.  The 
 services must meet at least the road authority's standards for 
 facilities of the same functional classification. 

    (f) The agreement must establish a reasonable rate of 
 return on investment and capital during the term of the 
 agreement. 

    HIST: 1993 c 211 s 3 

     160.87 Toll facility cost recovery. 

    Subdivision 1.    Use of toll revenues.  Toll revenues 
 must be applied to repayment of indebtedness incurred for the 
 toll facility; payments to a road authority under the 
 development agreement or a related lease, management, or toll 
 concession agreement; costs of operation necessary to meet 
 applicable standards of the road authority; and reasonable 
 reserves for future capital outlays.  The enumeration of uses in 
 this subdivision does not state priorities for the use of these 
 revenues. 

    Subd. 2.    Residual toll revenues.  Residual toll 
 revenues after the payments specified in subdivision 1 are made 
 belong to the private operator.  

    Subd. 3.    Continuation of tolls.  After expiration of 
 a lease for a BTO facility, or after title has reverted for a 
 BOT facility, the road authority may continue to charge tolls 
 for the facility. 

    HIST: 1993 c 211 s 4 

     160.88 Public toll facilities. 

    A road authority may develop, finance, design, construct, 
 improve, rehabilitate, own, and operate a toll facility. 

    HIST: 1993 c 211 s 5 

     160.89 Toll facility revenue bonds. 

    To provide money to acquire, develop, finance, design, 
 construct, improve, rehabilitate, and operate a toll facility 
 and to establish a reserve for bonds issued under this section, 
 the commissioner of finance, or a road authority by resolution 
 of its governing body, may authorize, issue, and sell revenue 
 bonds payable solely from all or a portion of the revenues 
 derived from a toll facility, including any payments agreed to 
 be made by a private operator.  The bonds may be additionally 
 secured by a mortgage of all or any portion of a toll facility 
 or other property of the private operator.  The bonds shall 
 mature, bear the date or dates, bear interest at the rate or 
 rates, be in denomination or denominations, be executed in the 
 manner, be payable in such manner and be subject to redemption, 
 with or without premium as may be provided by the resolution 
 authorizing their issuance or any trust indenture approved by 
 the governing body of the road authority.  The bonds may be sold 
 at private sale at the price approved pursuant to the 
 authorizing resolution.  The bonds must contain a recital that 
 they are issued in aid of a toll facility under this section and 
 the recital is conclusive evidence of the validity and 
 enforceability of the bonds and the security for the bonds.  
 Neither the road authority nor any director, commissioner, 
 council member, officer, employee, or agent of the road 
 authority is personally liable on the bonds by reason of their 
 issuance.  The road authority may make covenants it considers 
 necessary to secure payment of the bonds, including, without 
 limitation, establishing and maintaining reserves, and imposing 
 and collecting tolls and other charges for use of the facility 
 to provide net revenues adequate to provide for principal and 
 interest on the bonds, and providing for the operation of the 
 toll facility.  The bonds must not be payable from nor a charge 
 against any funds of the road authority other than the revenues 
 or property pledged or mortgaged to secure their payment.  The 
 road authority is not subject to any liability on the bonds and 
 it does not have any power to obligate itself to pay the bonds 
 from funds other than the revenues and properties pledged and 
 mortgaged.  No holder or holders of the bonds has the right to 
 compel any exercise of taxing power of the road authority or any 
 other public body, other than as authorized by and pledged 
 pursuant to this section, to pay the principal of or interest on 
 the bonds, nor to enforce payment of the bonds against any 
 property of the road authority or other public body other than 
 that expressly pledged or mortgaged for payment; and the bonds 
 must so state.  Bonds payable from the net revenues of a toll 
 facility and property pledged under this section are considered 
 payable wholly from the income of a revenue-producing 
 convenience within the meaning of chapter 475.  Sections 474A.01 
 to 474A.21 apply to any issue of obligations under this section 
 that are subject to limitation under a federal volume limitation 
 act or existing federal tax law as defined in section 474A.02, 
 subdivision 8. 

    HIST: 1993 c 211 s 6 

     160.90 Law enforcement on toll facilities. 

    State and local law enforcement authorities have the same 
 powers and authority on a toll facility within their respective 
 jurisdictions as they have on any other highway, road, or street 
 within their jurisdiction.  Law enforcement officers have free 
 access to the toll facility at any time to exercise those powers.
 State and local traffic and motor vehicle laws apply to persons 
 driving or occupying motor vehicles on the toll facility. 

    HIST: 1993 c 211 s 7 

     160.91 Joint authority over toll facility. 

    Two or more road authorities with jurisdiction over a toll 
 facility may enter into a joint powers agreement under section 
 471.59, to exercise the powers, duties, and functions of the 
 road authorities related to the toll facility, including 
 negotiation and administration of the development agreement and 
 related lease, management, and toll concession agreements.  If 
 all road authorities with jurisdiction over a toll facility 
 concur, title to or authority over the facility may be tendered 
 to the commissioner who may accept the title or authority 
 pursuant to the development agreement and this section. 

    HIST: 1993 c 211 s 8 

     160.92 Toll facility replacement projects. 

    When a highway project in the metropolitan area has been 
 scheduled in the department's six-year work program but is 
 designated as a toll facility, the commissioner shall substitute 
 in the work program a similar highway project in the 
 metropolitan area. 

    HIST: 1993 c 211 s 9