2003 Minnesota Statutes

  161.17 MS 1957 Repealed, 1959 c 500 art 6 s 13 

  161.17 MS 2000 Repealed, 2001 c 191 s 9 

*   NOTE:  Subdivision 2 was also amended by Laws 2001, chapter 
*161, section 29, to read as follows: 

*   "Subd. 2.    Interstate system.  (a) It is hereby 
*declared that construction of the interstate system of highways 
*will vitally affect the future development of the cities through 
*which these routes pass and such municipalities should have an 
*important role in the development of this highway system; that 
*on the other hand the future planning and programming of 
*construction projects over a period of years is necessary to 
*take maximum advantage of federal aid and to build a unified and 
*coordinated interstate system; that excessive delay in local 
*approval of plans for construction of one segment may seriously 
*impede completion of the entire system and adversely affect 
*other municipalities along the interstate routes; that the 
*mutual exchange of information and close cooperation between the 
*department and local governing bodies should be encouraged by 
*improved administrative processes for securing orderly review of 
*plans and the resolution of differences over interstate routes 
*and projects; and that the provisions of sections 161.171 to 
*161.177 for local approval of trunk highway plans must be 
*modified for the interstate highway system in the light of these 
*various considerations.  Before proceeding with the preparation 
*of the final plans for the construction, reconstruction, or 
*improvement of any route on the interstate system lying within 
*any city, the commissioner shall submit to its governing body 
*preliminary plans covering the route location.  The preliminary 
*plans shall be submitted as part of a report containing such 
*supporting data that the commissioner deems helpful to the 
*governing body in appraising the plans submitted. 

*   (b) Any public hearing on location of an interstate route 
*held in compliance with federal requirements shall be held at 
*least one month after submission to the governing body of the 
*report provided for in this subdivision.  After the public 
*hearing and on preparing final plans, the commissioner shall 
*submit the final plans to the governing body for approval.  If 
*the governing body does not approve the final plans within three 
*months after submitted, the commissioner may refer the plans to 
*(1) the metropolitan council, if the project is within the area 
*of its jurisdiction, or (2) the municipal advisory committee on 
*state-aid rules established under section 162.09, subdivision 2, 
*if the project is elsewhere in the state.  If a member of the 
*advisory committee is from the municipality concerned that 
*member shall be excused.  If the plans are so referred, the 
*council or committee shall give the commissioner and the 
*governing body ample opportunity to present the case for or 
*against approval of the plans so referred.  Not later than three 
*months after such hearings and independent study as it deems 
*desirable, it shall approve or disapprove such plans, making 
*such additional recommendations consistent with state and 
*federal requirements as it deems appropriate, and it shall 
*submit a written report containing its findings and 
*recommendations to the commissioner and the governing body.  The 
*commissioner shall not proceed with the proposed construction, 
*reconstruction, or improvement except in accordance with plans 
*approved by the governing body or, if referred to the council or 
*committee, until after the council or committee has made its 
*report, and then only after the governing body has had an 
*additional 90 days within which to consider the plans originally 
*submitted or such modified plans as may be submitted to it by 
*the commissioner following the report of the council or 
*committee.  If within such 90-day period, the governing body 
*does not approve the plans submitted to it, and if the 
*commissioner then wishes to proceed with the project according 
*to plans differing substantially from the plans recommended by 
*the council or committee in its report, the commissioner shall, 
*before proceeding with the project, file a written report with 
*the council or committee and the governing body stating fully 
*the reasons for doing so.  Whenever plans are referred to the 
*metropolitan council, the council shall be reimbursed from the 
*trunk highway fund for actual and necessary expenses incurred by 
*the council in staff work incident to consideration of plans and 
*action thereon by the council.  Whenever plans are referred to 
*the advisory committee on rules, members of the committee shall 
*be paid their necessary expenses to the same extent and in the 
*same manner as for its duties in considering the commissioner's 
*rules."