162.09 MS 1957 [Repealed, 1959 c 500 art 6 s 13
162.09 MUNICIPAL STATE-AID STREET SYSTEM.
Subdivision 1. Creation; mileage limitation; rules.
(a) There is created a municipal
state-aid street system within statutory and home rule charter cities having a population of 5,000
or more. The extent of the municipal state-aid street system for a city shall not exceed:
(1) 20 percent of the total miles of city streets and county roads partially or totally within the
jurisdiction of that city; plus
(2) the mileage of all trunk highways reverted or turned back to the jurisdiction of the city
pursuant to law on and after July 1, 1965; plus
(3) the mileage of county highways reverted or turned back to the jurisdiction of the city
pursuant to law on or after May 11, 1994.
(b) For purposes of this subdivision, the total miles of city streets and county roads within the
jurisdiction of a city includes all miles of county highways turned back to that city's jurisdiction
on or after May 11, 1994.
(c) The system shall be established, located, constructed, reconstructed, improved, and
maintained as public highways partially or totally within such cities under rules, not inconsistent
with this section, made and promulgated by the commissioner as hereinafter provided.
Subd. 2. Rules; advisory committee.
(a) The rules shall be made and promulgated by
the commissioner acting with the advice of a committee selected by the governing bodies of
such cities, acting through the officers of the statewide association of municipal officials. The
committee shall be composed of 12 members, so selected that there shall be one member from
each state highway construction district and in addition one member from each city of the first
class. Not more than six members of the committee shall be elected officials of the cities. The
remaining members of the committee shall be city engineers. In the event that agreement cannot
be reached on any rule the commissioner's determination shall be final. The rules shall be printed
and copies forwarded to the clerks and engineers of the cities. For the purposes of this section, the
expedited process for adopting rules established in section
may be used.
(b) Notwithstanding section
15.059, subdivision 5
, the committee does not expire.
Subd. 3. Rules have force of law.
The rules shall have the force and effect of law upon
compliance with the provisions of sections
Subd. 3a. Variances from rules and engineering standards.
(a) The commissioner may
grant variances from the rules and from the engineering standards developed pursuant to section
162.13, subdivision 2
. A political subdivision in which a municipal state-aid street is located or
is proposed to be located may submit a written request to the commissioner for a variance for
(b) The commissioner shall publish notice of the request in the State Register and give notice
to all persons known to the commissioner to have an interest in the matter. The commissioner may
grant or deny the variance within 30 days of providing notice of the request. If a written objection
to the request is received within seven days of providing notice, the variance shall be granted or
denied only after a contested case hearing has been held on the request. If no timely objection is
received and the variance is denied without hearing, the political subdivision may request, within
30 days of receiving notice of denial, and shall be granted a contested case hearing.
(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of a
political subdivision which has jurisdiction over parks, and (2) a regional park authority.
Subd. 4. Federal census is conclusive.
(a) In determining whether any city has a population
of 5,000 or more, the last federal census shall be conclusive, except as otherwise provided in
(b) A city that has previously been classified as having a population of 5,000 or more for the
purposes of chapter 162 and whose population decreases by less than 15 percent from the census
figure that last qualified the city for inclusion shall receive the following percentages of its 1981
apportionment for the years indicated: 1982, 66 percent and 1983, 33 percent. Thereafter the city
shall not receive any apportionment from the municipal state-aid street fund unless its population
is determined to be 5,000 or over by a federal census. The governing body of the city may contract
with the United States Bureau of the Census to take one special census before January 1, 1986. A
certified copy of the results of the census shall be filed with the appropriate state authorities by
the city. The result of the census shall be the population of the city for the purposes of any law
providing that population is a required qualification for distribution of highway aids under chapter
162. The special census shall remain in effect until the 1990 federal census is completed and filed.
The expense of taking the special census shall be paid by the city.
(c) If an entire area not heretofore incorporated as a city is incorporated as such during the
interval between federal censuses, its population shall be determined by its incorporation census.
The incorporation census shall be determinative of the population of the city only until the next
(d) The population of a city created by the consolidation of two or more previously
incorporated cities shall be determined by the most recent population estimate of the Metropolitan
Council or state demographer, until the first federal decennial census or special census taken
after the consolidation.
(e) The population of a city that is not receiving a municipal state-aid street fund
apportionment shall be determined, upon request of the city, by the most recent population
estimate of the Metropolitan Council or state demographer. A municipal state-aid street fund
apportionment received by the city must be based on this population estimate until the next
federal decennial census or special census.
Subd. 5.[Repealed, 1Sp2003 c 19 art 2 s 79
Subd. 6. Location and establishment; commissioner's review.
The governing bodies of
such cities shall by resolution and subject to the concurrence of the commissioner locate and
establish a system of municipal state-aid streets in accordance with the rules of the commissioner.
A certified copy of the resolution shall be transmitted to the commissioner. Upon receipt of
the resolution it shall be the duty of the commissioner to review each system, considering the
availability of funds and the desirability of each system in relation to an integrated and coordinated
system of highways. After review, the commissioner shall, by written order, approve each system
or any portion thereof which in the commissioner's judgment is feasible and desirable. A certified
copy of the order shall be filed with the clerk and the engineer of the city.
Subd. 7. Acquisition of necessary property.
The governing bodies of such cities shall have
the power to acquire by purchase, gift, or eminent domain proceedings, lands and properties
necessary for the establishment, location, relocation, construction, reconstruction, improvement,
and maintenance of the municipal state-aid street system.
Subd. 8. Establishment over existing streets or new location.
The governing body of any
such city, subject to the concurrence of the commissioner, may establish and locate any municipal
state-aid street on new locations where there is no existing street, or it may establish and locate
such street upon and over any established street or specified portion of any street within its limits.
Subd. 9. Abandonment or revocation.
Any municipal state-aid street may be abandoned,
changed, or revoked as such by joint action of the commissioner and the governing body of the
city within which the street is located.
Subd. 10. Establishment on common boundary line.
The governing bodies of two or more
of such cities, with the consent of the commissioner, may establish and locate a municipal state-aid
street along or near the common boundary line of the cities. The governing bodies of the cities may
enter into agreements providing for the division of costs and responsibilities to be borne by each
for right-of-way, construction, improvement, and maintenance of such municipal state-aid streets.
History: 1959 c 500 art 3 s 9; 1961 c 19 s 1; 1967 c 874 s 2; 1969 c 214 s 1; 1973 c 123 art
5 s 7; 1979 c 167 s 1,4; 1981 c 357 s 52; 1Sp1981 c 4 art 4 s 60; 1982 c 424 s 130; 1985 c 248 s
70; 1986 c 444; 1988 c 629 s 39; 1991 c 298 art 4 s 7; 1994 c 635 art 1 s 6; 1995 c 186 s 46; 1995
c 233 art 2 s 56; 1995 c 265 art 2 s 17; 1997 c 159 art 2 s 8; 1998 c 372 art 2 s 6; 2001 c 161 s 58;
1Sp2001 c 8 art 2 s 7; 1Sp2003 c 19 art 2 s 14; 2004 c 295 art 1 s 6; 1Sp2005 c 6 art 3 s 13,14