MS 1953 [Repealed, 1957 c 943 s 72
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
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
which is located outside the corporate limits of a home rule charter or statutory city.
History: 1959 c 500 art 1 s 20; 1979 c 294 s 1; 1984 c 417 s 2,3; 1986 c 444