2004 Minnesota Statutes

CHAPTER 165. Bridges

  165.01 Definitions.  

    For the purposes of this chapter, the terms defined in 
 section 160.02 shall have the same meanings.  

    HIST: 1959 c 500 art 6 s 1 

  165.02 Powers of road authorities.  

    The road authorities may construct, reconstruct, improve, 
 and maintain bridges whenever they deem bridges to be 
 necessary.  Any new or reconstructed bridge may have a separate 
 lane in at least one direction, and may have a lane in both 
 directions, eight feet in width for recreational use.  The same 
 may be true for each underpass.  

    HIST: 1959 c 500 art 6 s 2; 1973 c 620 s 4 

  165.03 Strength of bridge; inspection. 

    Subdivision 1.    Standards generally.  Each bridge, 
 including a privately owned bridge, must conform to the 
 strength, width, clearance, and safety standards imposed by the 
 commissioner for the connecting highway or street.  This 
 subdivision applies to a bridge that is constructed after August 
 1, 1989, on any public highway or street.  The bridge must have 
 sufficient strength to support with safety the maximum vehicle 
 weights allowed under sections 169.822 to 169.829 and must have 
 the minimum width specified in section 165.04, subdivision 3. 

    Subd. 2.    Inspection and inventory responsibilities; 
 rules; forms.  (a) The commissioner of transportation shall 
 adopt official inventory and bridge inspection report forms for 
 use in making bridge inspections by the owners or highway 
 authorities specified by this subdivision.  Bridge inspections 
 shall be made at regular intervals, not to exceed two years, by 
 the following owner or official: 

    (1) the commissioner of transportation for all bridges 
 located wholly or partially within or over the right-of-way of a 
 state trunk highway; 

    (2) the county highway engineer for all bridges located 
 wholly or partially within or over the right-of-way of any 
 county or township road, or any street within a municipality 
 which does not have a city engineer regularly employed; 

    (3) the city engineer for all bridges located wholly or 
 partially within or over the right-of-way of any street located 
 within or along municipal limits; 

    (4) the commissioner of transportation in case of a toll 
 bridge that is used by the general public and that is not 
 inspected and certified under subdivision 6; provided, that the 
 commissioner of transportation may assess the owner for the 
 costs of such inspection; 

    (5) the owner of a bridge over a public highway or street 
 or that carries a roadway designated for public use by a public 
 authority, if not required to be inventoried and inspected under 
 clause (1), (2), (3), or (4). 

    (b) The commissioner of transportation shall prescribe the 
 standards for bridge inspection and inventory by rules.  The 
 owner or highway authority shall inspect and inventory in 
 accordance with these standards and furnish the commissioner 
 with such data as may be necessary to maintain a central 
 inventory. 

    Subd. 3.    County inventory and inspection records and 
 reports.  The county engineer shall maintain a complete 
 inventory record of all bridges as set forth in subdivision 2, 
 clause (2), with the inspection reports thereof, and shall 
 certify annually to the commissioner, as prescribed by the 
 commissioner, that inspections have been made at regular 
 intervals not to exceed two years.  A report of the inspections 
 shall be filed annually, on or before February 15 of each year, 
 with the county auditor or town clerk, or the governing body of 
 the municipality.  The report shall contain recommendations for 
 the correction of, or legal posting of load limits on any bridge 
 or structure that is found to be understrength or unsafe. 

    Subd. 4.    Municipal inventory and inspection records and 
 reports.  The city engineer shall maintain a complete 
 inventory record of all bridges as set forth in subdivision 2, 
 clause (3), with the inspection reports thereof, and shall 
 certify annually to the commissioner, as prescribed by the 
 commissioner, that inspections have been made at regular 
 intervals not to exceed two years.  A report of the inspections 
 shall be filed annually, on or before February 15 of each year, 
 with the governing body of the municipality.  The report shall 
 contain recommendations for the correction of, or legal posting 
 of load limits on any bridge or structure that is found to be 
 understrength or unsafe. 

    Subd. 5.    Agreement.  Agreements may be made among the 
 various units of governments, or between governmental units and 
 qualified engineering personnel to carry out the 
 responsibilities for the bridge inspections and reports, as 
 established by subdivision 2. 

    Subd. 6.    Other bridges.  The owner of a toll bridge 
 and the owner of a bridge described in subdivision 2, clause 
 (5), shall certify to the commissioner, as prescribed by the 
 commissioner, that inspections of the bridge have been made at 
 regular intervals not to exceed two years.  The certification 
 shall be accompanied by a report of the inspection.  The report 
 shall contain recommendations for the correction of or legal 
 posting of load limitations if the bridge is found to be 
 understrength or unsafe. 

    Subd. 7.    Department of Natural Resources bridge.  (a) 
 Notwithstanding subdivision 2, the commissioners of 
 transportation and natural resources shall negotiate a 
 memorandum of understanding that governs the inspection of 
 bridges owned, operated, or maintained by the commissioner of 
 natural resources. 

    (b) The memorandum of understanding must provide for: 

    (1) the inspection and inventory of bridges subject to 
 federal law or regulations; 

    (2) the frequency of inspection of bridges described in 
 paragraph (a); and 

    (3) who may perform inspections required under the 
 memorandum of understanding. 

    HIST: 1959 c 500 art 6 s 3; 1969 c 304 s 1; 1973 c 41 s 1; 
 1973 c 123 art 5 s 7; 1976 c 166 s 7; 1985 c 248 s 70; 1986 c 
 444; 1989 c 158 s 1; 1994 c 635 art 2 s 5; 1998 c 403 s 12 

  165.04 Bridge, culvert; widths.  

    Subdivision 1.    Major highway.  Except for 
 railroad-highway grade separations and single lane one 
 directional ramp bridges, and except as hereinafter provided, 
 all bridges and culverts on any trunk highway, county state-aid 
 highway, or municipal state-aid street hereafter established, 
 constructed, or improved shall be at least 24 feet wide between 
 curbs, and approaches thereto shall be at least 28 feet wide 
 shoulder to shoulder.  Nothing contained herein shall be 
 construed to prevent the state, counties, or municipalities from 
 performing ordinary repairs or maintenance on any such bridge or 
 culvert less than 24 feet wide between curbs.  

    Subd. 2.    Extraordinary repair or improvement.  Upon 
 finding it practical to do so, the commissioner may make 
 extraordinary repairs or improvements on existing trunk highway 
 bridges less than 24 feet wide between curbs without widening 
 such bridges.  Counties and municipalities may make 
 extraordinary repairs or improvements on major existing bridges 
 less than 24 feet wide between curbs, without widening such 
 bridges, if the plans for such extraordinary repairs or 
 improvements are first approved by the commissioner.  A major 
 bridge shall mean a bridge which, together with its approaches, 
 is at least 75 feet in length.  

    Subd. 3.    Other roads.  Except for railroad-highway 
 grade separations, all bridges, culverts, and approaches thereto 
 on all other roads, except cartways, hereafter established, 
 constructed, or improved shall be at least 20 feet wide, 
 provided that in cases where salvaged material from a steel span 
 bridge removed from a highway can be used in the erection of a 
 steel span bridge on a county highway or town road, such bridge, 
 so to be erected, may be less than 20 feet wide, but before such 
 bridge is erected the plan shall first be approved by the 
 commissioner.  

    HIST: 1959 c 500 art 6 s 4; 1961 c 218 s 1; 1963 c 293 s 1; 
 1986 c 444 

  165.05 Railroad bridge over highway.  

    Subdivision 1.    Width.  Any railroad bridge hereafter 
 constructed or substantially reconstructed over a public highway 
 including city streets, shall be constructed so as to leave a 
 clear opening for the highway at least four feet wider than the 
 surfaced portion of the highway, but in no event less than 28 
 feet wide; provided that the requirement that the clear opening 
 for the highway be at least four feet wider than the surfaced 
 portion of the highway may be modified by the commissioner in 
 accordance with plans approved by the commissioner.  

    Subd. 2.    Clearance between highway and bridge.  Such 
 bridge shall provide at least 16 feet clear space from the 
 surface of the highway to the bottom of the bridge, except that 
 such clear space under any bridge over roads other than those on 
 the state trunk highway system or the interstate highway system 
 shall be not less than 14 feet unless a lesser clear space is 
 approved by the commissioner.  

    HIST: 1959 c 500 art 6 s 5; 1963 c 242 s 1; 1973 c 123 art 5 s 
 7; 1986 c 444 

  165.06 Highway bridge and approach over railroad.  

    Subdivision 1.    Width of bridge.  The clear roadway 
 width between curbs on any bridge hereafter constructed on any 
 public highway, including city streets, over the tracks of any 
 railroad shall be at least four feet wider than the surface 
 portion of the highway, but in no event less than 28 feet; 
 provided that the requirement that the width of the bridge be at 
 least four feet wider than the surface portion of the highway 
 may be modified by the commissioner in accordance with the plans 
 approved by the commissioner; further provided that in the case 
 of bridges hereafter constructed on any town road over the 
 tracks of any railroad the minimum width shall be 20 feet.  

    Subd. 2.    Bridge approach.  The approaches to the 
 bridge shall be at least eight feet wider than the surfaced 
 portion of the roadway, but not less than 32 feet wide, and the 
 grade of the approach shall not exceed five feet rise in 100 
 feet, provided that the requirement that the grade of the 
 approach may be modified by the commissioner in accordance with 
 plans approved by the commissioner; provided that in the case of 
 town roads the minimum width of the approaches to the bridge 
 shall be 24 feet.  It shall leave a clear space from the 
 railroad rails of at least 22 feet measured vertically.  

    HIST: 1959 c 500 art 6 s 6; 1967 c 266 s 1; 1973 c 123 art 5 s 
 7; 1986 c 444 

  165.07 Interstate bridge.  

    Subdivision 1.    Purpose.  The purpose of this section 
 is to connect the highway system of this state with the highway 
 system of adjoining states by means of interstate bridges.  

    Subd. 2.    Interstate bridge as part of highway system.  
  When any trunk highway, county state-aid highway, or 
 municipal state-aid street leads to or connects with an 
 interstate bridge, other than an interstate bridge owned 
 privately or operated as a toll bridge, the bridge or so much 
 thereof as lies within the boundaries of this state shall be 
 part of the highway or street leading to it.  

    Subd. 3.    Acquisition of bridge owned by city in 
 adjoining state.  Any road authority, including the road 
 authority of any city having jurisdiction over a highway or 
 street connecting with an interstate bridge owned by an 
 adjoining state or political subdivision thereof, may acquire 
 the bridge or any portion thereof from the adjoining state or 
 political subdivision thereof upon such terms and conditions as 
 the road authority deems just and equitable.  

    Subd. 4.    Acquisition of toll or privately owned 
 bridge.  Any road authority, including the road authority of 
 any city, having jurisdiction over any highway or street 
 connecting with an interstate bridge that is owned privately or 
 operated as a toll bridge, may acquire the bridge in cooperation 
 with the authorized authorities of the adjoining state connected 
 by the bridge, when the road authority determines that the 
 acquisition is required in the interests of public travel.  The 
 bridge may be acquired by purchase, gift, or eminent domain 
 proceedings as provided by law.  

    Subd. 5.    Cooperation with authorized authorities of 
 adjoining state.  Road authorities, including road 
 authorities of cities having jurisdiction over any highway or 
 street connecting with an interstate bridge shall cooperate with 
 the authorized authorities of the adjoining state connected by 
 the bridge in the maintenance, improvement, or reconstruction of 
 the bridge.  If any highway or street runs to boundary waters of 
 this state and an adjoining state where no interstate bridge 
 exists, the road authorities, in cooperation with the authorized 
 authorities of the adjoining state, may construct and thereafter 
 maintain an interstate bridge connecting the highway or street 
 with the highway system of the adjoining state when the road 
 authority determines that the bridge is necessary in the 
 interests of public travel.  The location of the bridge shall be 
 determined by the road authority in cooperation with the 
 authorities of the adjoining state.  

    Subd. 6.    Joint acquisition.  Counties, towns and 
 cities bordering on boundary waters of this state may jointly 
 acquire, construct, reconstruct, improve, or maintain an 
 interstate bridge in cooperation with the authorized authorities 
 of the adjoining state; provided that county state-aid highway 
 funds or municipal state-aid street funds shall not be expended 
 on interstate bridges other than those connecting with a county 
 state-aid highway or municipal state-aid street.  

    Subd. 7.    Agreements with authorities of adjoining 
 states.  The road authorities, including the road authorities 
 of cities, may enter into equitable agreements with the 
 authorized authorities of adjoining states in all matters 
 pertaining to interstate bridges.  

    Subd. 8.    Trunk highway located over bridge.  When 
 any route of the trunk highway system runs into or through any 
 city owning an interstate bridge connecting such city with the 
 highway system of an adjoining state, the commissioner shall 
 specifically locate the route so that it shall run to the state 
 boundary over the bridge.  

    HIST: 1959 c 500 art 6 s 7; 1973 c 123 art 5 s 7 

  165.08 Bridge over waters between states or nations. 

    Subdivision 1.    Authority, agreement.  When a trunk 
 highway leads to waters forming the boundary between this state 
 and an adjoining nation or province thereof, and the Congress of 
 the United States has authorized the construction of a bridge or 
 bridges over the waters, the commissioner may enter into 
 equitable agreements with the authorized authorities of the 
 nation or province providing for the purchase, construction, 
 reconstruction, maintenance, repair, and operation of the bridge 
 or bridges, and for the division of costs and responsibilities 
 to be borne by each therefor.  The bridge or bridges shall 
 thereafter be constructed, reconstructed, maintained, improved, 
 and operated in accordance with the agreement.  Such equitable 
 agreement may create a joint and independent international 
 authority or commission, which may independently purchase, 
 construct, reconstruct, maintain, improve, repair and operate 
 the bridge or bridges in accordance with the agreement.  

    Subd. 2.    Toll bridge permitted.  The agreement may 
 provide that such bridges may be operated as free bridges or as 
 toll bridges.  If the latter, tolls may be collected for the use 
 thereof at rates sufficient to liquidate the capital costs in a 
 reasonable period of time, and after the liquidation of such 
 capital costs, tolls may continue to be charged so as to defer 
 any costs of reconstruction, maintenance, repair, improvement 
 and operation which are thereafter incurred.  

    Subd. 3.    Acquiring toll bridge owned by Minnesota 
 municipality.  When any trunk highway leads to a toll bridge 
 over boundary waters between this state and an adjoining nation 
 or province, and such bridge is owned by a municipality of this 
 state, the commissioner may purchase such bridge and assume the 
 obligations of any bonds issued for the construction of such 
 bridge and still outstanding at the time of purchase.  Such 
 bridge may be purchased under agreement with the adjoining 
 nation or province, or may be purchased in its entirety with 
 trunk highway funds.  Upon such purchase, the bridge may be 
 operated as a free bridge or as a toll bridge.  If such bridge 
 is operated as a toll bridge, the commissioner may collect tolls 
 for the use of the bridge in such amounts so as to, as nearly as 
 practicable, enable the outstanding bonds to be retired at 
 maturity from the income from such toll charges.  

    Subd. 4.    Costs and tolls; trunk highway fund.  All 
 costs to be borne by this state of purchasing, constructing, 
 reconstructing, maintaining, improving and operating such 
 bridges, including interest and principal payments of any bond 
 obligations assumed by the commissioner shall be paid out of the 
 trunk highway fund.  Minnesota's share of all tolls collected 
 under agreement with an adjoining nation or province, and all 
 tolls collected for any toll bridge purchased entirely by this 
 state shall be paid into the trunk highway fund.  
 Notwithstanding this section or any other provision of law to 
 the contrary, a joint and independent international authority or 
 commission created under subdivision 1 is authorized to 
 establish, collect, retain and spend all tolls for the purchase, 
 construction, reconstruction, maintenance, improvement, repair 
 and operation of any bridge or bridges under its control, and 
 such international authority or commission is not required to 
 deposit such tolls into the trunk highway fund.  

    Subd. 5.    Exemptions.  Notwithstanding any other 
 provision of law to the contrary, the properties, moneys, and 
 other assets of any joint and independent international 
 authority or commission created under subdivision 1, all 
 revenues or other income of any such authority or commission 
 shall be exempt from all taxation, licenses, fees, or charges of 
 any kind imposed by the state or by any county, municipality, 
 political subdivision, taxing district, or other public agency 
 or body of the state. 

    HIST: 1959 c 500 art 6 s 8; 1965 c 256 s 1; 1971 c 678 s 1-4; 
 1996 c 471 art 1 s 2 

  165.09 Joint establishment of bridge over navigable 
  stream.  

    Subdivision 1.    Joint acquisition, construction, and 
 maintenance.  Counties, towns, and cities interested, jointly 
 or separately, may lease, acquire, construct, reconstruct, 
 improve, and maintain bridges over any navigable stream and may 
 construct, reconstruct, and maintain suitable approaches 
 thereto.  Such approaches may include the improvement of main 
 highways for a distance not exceeding ten miles from the bridge. 

    Subd. 2.    What constitutes interest in bridge.  A 
 county, town, or city shall be deemed interested in bridges 
 located outside of and within three miles of its corporate 
 boundaries as well as those within or along its boundaries.  

    Subd. 3.    Bridge over Minnesota River or Mississippi River.  
  Before any bridge is erected over the Minnesota River or 
 Mississippi River, the location and plan thereof shall be 
 approved by the commissioner.  Bridges over the Minnesota River 
 below the city of Chaska shall be built with a suitable draw of 
 not less than 80 feet opening or, in lieu of such opening, built 
 at such clear height above the ordinary high-water stage as will 
 be sufficient to accommodate the ordinary navigation of the 
 river.  

    Subd. 4.    Draws opened on reasonable signal.  All 
 draws shall be opened on reasonable signal or notice to allow 
 the passage of vessels.  

    Subd. 5.    Approval of Secretary of Army.  All bridges 
 over navigable waters of the United States shall receive the 
 approval of the Secretary of Army before construction.  

    Subd. 6.    Securing free public use of toll bridge.  
 Counties, towns, and cities interested may secure the free 
 public use of any toll bridge built across any stream in this 
 state.  They may secure the free public use of any bridge by 
 purchase, gift, or eminent domain proceedings as provided by law.

    HIST: 1959 c 500 art 6 s 9; 1973 c 123 art 5 s 7 

  165.10 Bonds. 

    Subdivision 1.    Certain counties may issue and sell.  
 The county board of any county having no outstanding road and 
 bridge bonds may issue and sell county road bonds in an amount 
 not exceeding 0.12089 percent of the market value of the taxable 
 property within the county exclusive of money and credits, for 
 the purpose of constructing, reconstructing, improving, or 
 maintaining any bridge or bridges on any highway under its 
 jurisdiction, without submitting the matter to a vote of the 
 electors of the county.  

    Subd. 2.    Bonds issued, sold, and retired.  Such bonds 
 shall be general obligations of the county and issued, sold, and 
 retired in the manner provided in chapter 475.  

    HIST: 1959 c 500 art 6 s 10; 1988 c 719 art 5 s 84; 1989 c 329 
 art 13 s 20; 1990 c 480 art 9 s 7; 2001 c 214 s 2 

     165.11 Town bridges destroyed by calamity; 
  reconstruction.  

    When a bridge on a town road over a natural water course 
 has been destroyed by unusual flood or calamity and the county 
 in which such bridge is situated contributed to the original 
 cost of construction thereof, and the town resolves to 
 reconstruct the bridge, the county board and the town board by 
 agreement shall determine the costs and responsibilities to be 
 borne by each in the reconstruction of the bridge.  The costs 
 agreed upon to be paid by the town and the county shall be paid 
 out of their respective road and bridge funds.  

    HIST: 1959 c 500 art 6 s 11 

     165.12 Maintenance of bridge on town road.  

    Subdivision 1.    Duty of county when town fails.  When 
 it becomes necessary to reconstruct or repair a bridge on any 
 town road in any town or upon any town line in this state, and 
 the bridge is unsafe for travel or has been condemned by the 
 proper authorities, and the town or towns charged with the duty 
 of maintaining the bridge fail, neglect, or omit to construct, 
 reconstruct, or repair the same or provide for the expense or 
 cost of so constructing, reconstructing or repairing the same, 
 the county board of the county in which the town or towns are 
 located shall have the power and authority to reconstruct and 
 repair the bridge upon giving notice to the town board of the 
 town or towns of its intention to do so and fixing a time and 
 place for a hearing as to the necessity and advisability of the 
 reconstruction or repair.  

    Subd. 2.    Itemized statement.  When any county shall 
 have reconstructed or repaired any such bridge, the county board 
 shall prepare an itemized statement of the cost thereof.  The 
 original shall be filed with the county auditor.  Certified 
 copies shall be filed with the clerk of the town or towns 
 charged with the responsibility of maintaining the bridge.  If 
 two or more towns were responsible for the bridge the statement 
 shall also show the portion of the cost apportioned to each 
 town.  The proportion of the cost to be apportioned to each town 
 shall be determined at the hearing provided in subdivision 1.  

    Subd. 3.    Special tax.  The town clerk, upon receipt 
 of the statement, shall forthwith notify the several members of 
 the town board that a statement has been filed, and that a 
 meeting of the town board to act thereon will be held at a time 
 and place specified in the notice.  The meeting shall be held 
 not later than ten days after the filing of the statement.  The 
 town board shall meet at the time and place specified in the 
 notice so given by the clerk, and shall levy a special tax upon 
 all the taxable property of the town in an amount sufficient to 
 pay one-half of the amount expended by the county.  If two or 
 more towns were responsible for the bridge, each town shall levy 
 a tax in an amount sufficient to pay one-half of the cost 
 apportioned to it.  

    Subd. 4.    County auditor may levy if town board fails to 
 levy.  The tax so levied shall be certified to the county 
 auditor on or before October 15 next succeeding, and the county 
 auditor shall extend the same with other town taxes upon the tax 
 list of the town.  If the town board, for any reason, fails to 
 act as herein provided, the county auditor shall levy the tax 
 provided herein and shall extend the same with other town taxes 
 upon the tax list of the town.  

    Subd. 5.    Collection and payment.  The tax shall be 
 collected and the payment enforced in the same manner and 
 subject to the same penalties and interest as other town taxes.  
 When collected the tax shall be paid into the county treasury 
 and credited to the county road and bridge fund.  

    HIST: 1959 c 500 art 6 s 12 

     165.13 Closed combination bridge; lease or sale by 
  county. 

    In any county in which a combination railroad and highway 
 bridge is closed the county board may lease or purchase such 
 bridge.  The subsequent use and operation of the combination 
 bridge shall conform to and be compatible with the existing uses 
 adjoining both sides of that bridge.  The county board may 
 establish and from time to time adjust tolls to be charged for 
 vehicular use of the bridge at the rate or rates and on the 
 basis the county board may deem appropriate to provide revenues 
 sufficient to finance the lease, purchase, operation, repair, 
 and maintenance of the bridge and toll facilities.  The revenues 
 from the bridge tolls shall only be used for the lease, 
 purchase, repair, operation, and maintenance of the bridge and 
 toll facilities.  Notwithstanding the provisions of this 
 section, if the state purchases the combination bridge the 
 county may lease the bridge from the state by contract.  

    HIST: 1980 c 558 s 6