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2006 Minnesota Statutes

This is a historical version of this statute chapter. Also view the most recent published version.

Chapter 160. Roads, General Provisions

Chapter Sections
Section Headnote
160.001APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
160.01SCOPE OF CHAPTERS 160 TO 165.
160.011Repealed, 1957 c 943 s 72
160.012Repealed, 1959 c 500 art 6 s 13
160.013Repealed, 1959 c 500 art 6 s 13

ROADS
160.02DEFINITIONS.
160.021Repealed, 1959 c 500 art 6 s 13
160.03COMPENSATION FOR PUBLIC PROPERTY.
160.031Repealed, 1959 c 500 art 6 s 13
160.04WIDTH OF ROADS.
160.041Repealed, 1959 c 500 art 6 s 13
160.05DEDICATION OF ROADS.
160.051Repealed, 1959 c 500 art 6 s 13
160.06TRAIL OR PORTAGE DEDICATION.
160.061Repealed, 1959 c 500 art 6 s 13
160.07IMPROVEMENTS WITHIN OR WITHOUT BOUNDARIES.
160.071Repealed, 1959 c 500 art 6 s 13
160.08CONTROLLED ACCESS.
160.081Repealed, 1959 c 500 art 6 s 13
160.085RECORDING PROPOSED ACQUISITION FOR ROAD.
160.09CHANGE OR VACATION OF LOCAL ROAD.
160.091Repealed, 1959 c 500 art 6 s 13
160.095DESIGNATION OF MINIMUM-MAINTENANCE ROADS.
160.10ROADS ON MINERAL LANDS.
160.101Repealed, 1959 c 500 art 6 s 13
160.11MATERIALS FOR BUILDING ROADS.
160.111Repealed, 1959 c 500 art 6 s 13
160.12TEMPORARY ROADS AROUND CONSTRUCTION.
160.121Repealed, 1959 c 500 art 6 s 13
160.13LIGHTING AND MARKING HIGHWAYS.
160.131Repealed, 1959 c 500 art 6 s 13
160.14MARKING BOUNDARIES OF HIGHWAYS.
160.141Repealed, 1959 c 500 art 6 s 13
160.15PRESERVING SECTION OR QUARTER-SECTION CORNERS.
160.151Repealed, 1959 c 500 art 6 s 13
160.16WARNING SIGNS AND DETOUR SIGNS.
160.161Repealed, 1959 c 500 art 6 s 13
160.17ROAD CONSTRUCTION CONTRACTS; COUNTIES AND TOWNS.
160.171Repealed, 1959 c 500 art 6 s 13
160.18ACCESS TO ROADS; APPROACHES.
160.181Repealed, 1959 c 500 art 6 s 13
160.19DRAINAGE DITCH CROSSING RAILROAD RIGHT-OF-WAY.
160.191Repealed, 1959 c 500 art 6 s 13
160.20DRAINAGE.
160.201PUBLIC ROAD DITCHES.
160.21SNOW REMOVAL.
160.211Repealed, 1959 c 500 art 6 s 13
160.215SNOW REMOVAL; SALT AND CHEMICALS RESTRICTED.
160.22TREES.
160.221Repealed, 1959 c 500 art 6 s 13
160.23DESTRUCTION OF NOXIOUS WEEDS.
160.231Repealed, 1959 c 500 art 6 s 13
160.232MOWING DITCHES OUTSIDE CITIES.
160.24LOGGING RAILROADS ACROSS HIGHWAYS.
160.241Repealed, 1959 c 500 art 6 s 13
160.25TUNNELS UNDER HIGHWAYS.
160.251Repealed, 1959 c 500 art 6 s 13
160.26MOVING BUILDINGS OVER HIGHWAYS.
160.261Renumbered 218.025

RECREATIONAL VEHICLES
160.262RECREATIONAL VEHICLE LANES.
160.263BICYCLE LANES AND WAYS.
160.264REPLACING BIKEWAYS AND PEDESTRIAN WAYS.
160.265BIKEWAY PROGRAM.

RIGHT-OF-WAY USE RESTRICTIONS
160.27PARTICULAR USES OF RIGHT-OF-WAY; MISDEMEANORS.
160.271Repealed, 1959 c 500 art 6 s 13
160.2715RIGHT-OF-WAY USE; MISDEMEANORS.

REST AREAS AND TRAVEL CENTERS
160.272SAFETY REST AREA AND TRAVEL INFORMATION CENTER LEASES.
160.2725SALES AT SAFETY REST AREAS.
160.273VENDING MACHINES.
160.2735SPONSORSHIP OF SAFETY REST AREAS.
160.274SALE OF SURPLUS REST AREA PROPERTY.
160.2745SAFETY REST AREA ACCOUNT.
160.275Repealed, 1957 c 943 s 72

TRAVEL INFORMATION FACILITIES
160.276TRAVEL INFORMATION ADVERTISING PROGRAM.
160.277Subdivisions renumbered, repealed, or no longer in effect
160.278Subdivisions renumbered, repealed, or no longer in effect
160.28PLANS FOR PUBLIC TRAVEL FACILITIES.
160.281TOURIST INFORMATION CENTER IN SOUTH DAKOTA.
160.282PUBLIC TRAVEL FACILITIES.

RESORT INFORMATION SIGNS
160.283RESORT INFORMATION SIGNS; PURPOSE.
160.284RESORT SIGNS; DESIGN AND MANUFACTURE.
160.285RESORT SIGNS; COUNTY PARTICIPATION.

VACATING PUBLIC RIGHT-OF-WAY
160.29VACATION OF PUBLIC WAYS BY MUNICIPALITY.
160.291Repealed, 1959 c 500 art 6 s 13

SPECIFIC SERVICE INFORMATION SIGNS
160.292INFORMATION SIGNS FOR SPECIFIC SERVICES; DEFINITIONS.
160.293SPECIFIC SERVICE SIGNS; INTENDED USE.
160.294SPECIFIC SERVICE SIGN DETAILS.
160.295CRITERIA FOR SPECIFIC SERVICE SIGNS.
160.296SPECIFIC SERVICE SIGNS; ADMINISTRATION; RULES.
160.297OTHER SIGN LAWS.
160.298HIGHWAY SIGN PROGRAM; BILLING, ACCOUNT, APPROPRIATION.
160.30Repealed, 1957 c 943 s 72
160.301Repealed, 1959 c 500 art 6 s 13
160.31Repealed, 1957 c 943 s 72
160.311Repealed, 1959 c 500 art 6 s 13
160.32Repealed, 1957 c 943 s 72
160.321Repealed, 1959 c 500 art 6 s 13
160.33Repealed, 1957 c 943 s 72
160.331Repealed, 1959 c 500 art 6 s 13
160.34Repealed, 1957 c 943 s 72
160.341Repealed, 1959 c 500 art 6 s 13
160.35Repealed, 1957 c 943 s 72
160.351Repealed, 1959 c 500 art 6 s 13
160.36Repealed, 1957 c 943 s 72
160.361Repealed, 1959 c 500 art 6 s 13
160.37Repealed, 1957 c 943 s 72
160.371Repealed, 1959 c 500 art 6 s 13
160.38Repealed, 1957 c 943 s 72
160.381Repealed, 1959 c 500 art 6 s 13
160.39Repealed, 1957 c 943 s 72
160.391Repealed, 1959 c 500 art 6 s 13
160.40Repealed, 1957 c 943 s 72
160.401Repealed, 1959 c 500 art 6 s 13
160.41Repealed, 1957 c 943 s 72
160.411Repealed, 1959 c 500 art 6 s 13
160.42Repealed, 1957 c 943 s 72
160.421Repealed, 1959 c 500 art 6 s 13
160.43Repealed, 1957 c 943 s 72
160.431Repealed, 1957 c 943 s 72
160.432Repealed, 1949 c 672 s 7
160.433Repealed, 1957 c 943 s 72
160.435Repealed, 1959 c 500 art 6 s 13
160.44Repealed, 1957 c 943 s 72
160.441Repealed, 1959 c 500 art 6 s 13
160.45Repealed, 1957 c 943 s 72
160.451Renumbered 161.115
160.46Repealed, 1957 c 943 s 72
160.461Repealed, 1959 c 500 art 6 s 13
160.47Repealed, 1957 c 943 s 72
160.471Repealed, 1959 c 500 art 6 s 13
160.475Repealed, 1959 c 500 art 6 s 13
160.48Repealed, 1957 c 943 s 72
160.481Repealed, 1959 c 500 art 6 s 13
160.49Repealed, 1957 c 943 s 72
160.491Repealed, 1959 c 500 art 6 s 13
160.50Repealed, 1957 c 943 s 72
160.501Repealed, 1959 c 500 art 6 s 13
160.51Repealed, 1957 c 943 s 72
160.511Repealed, 1959 c 500 art 6 s 13
160.512Repealed, 1959 c 500 art 6 s 13
160.513Repealed, 1959 c 500 art 6 s 13
160.52Repealed, 1957 c 943 s 72
160.521Repealed, 1959 c 500 art 6 s 13
160.53Repealed, 1957 c 943 s 72
160.531Repealed, 1959 c 500 art 6 s 13
160.54Repealed, 1957 c 943 s 72
160.541Repealed, 1959 c 500 art 6 s 13
160.55Repealed, 1957 c 943 s 72
160.551Repealed, 1959 c 500 art 6 s 13
160.56Repealed, 1957 c 943 s 72
160.561Repealed, 1959 c 500 art 6 s 13
160.57Repealed, 1957 c 943 s 72
160.571Repealed, 1959 c 500 art 6 s 13
160.58Repealed, 1957 c 943 s 72
160.581Repealed, 1959 c 500 art 6 s 13
160.59Repealed, 1957 c 943 s 72
160.591Repealed, 1959 c 500 art 6 s 13
160.60Repealed, 1957 c 943 s 72
160.601Repealed, 1959 c 500 art 6 s 13
160.61Renumbered 169.901
160.611Repealed, 1959 c 500 art 6 s 13
160.62Repealed, 1957 c 943 s 72
160.621Repealed, 1959 c 500 art 6 s 13
160.63Repealed, 1957 c 943 s 72
160.631Repealed, 1959 c 500 art 6 s 13
160.64Repealed, 1957 c 943 s 72
160.641Repealed, 1959 c 500 art 6 s 13
160.65Repealed, 1957 c 943 s 72
160.651Repealed, 1959 c 500 art 6 s 13
160.66Repealed, 1957 c 943 s 72
160.661Repealed, 1959 c 500 art 6 s 13
160.67Repealed, 1957 c 943 s 72
160.671Repealed, 1959 c 500 art 6 s 13
160.68Repealed, 1957 c 943 s 72
160.681Repealed, 1959 c 500 art 6 s 13
160.69Repealed, 1957 c 943 s 72
160.691Repealed, 1959 c 500 art 6 s 13
160.692Repealed, 1959 c 500 art 6 s 13
160.70Repealed, 1957 c 943 s 72
160.701Repealed, 1959 c 500 art 6 s 13
160.702Repealed, 1959 c 500 art 6 s 13
160.80SIGN FRANCHISE PROGRAM.

ROADS IN SCENIC OR RECREATIONAL AREAS
160.81HIGHWAYS IN SCENIC AREAS.
160.82PARK ROADS.
160.83RUSTIC ROADS PROGRAM.

TOLL FACILITIES
160.84DEFINITIONS.
160.85AUTHORITY FOR TOLL FACILITY.
160.86TOLL FACILITY DEVELOPMENT AGREEMENT; REQUIREMENTS.
160.87TOLL FACILITY COST RECOVERY.
160.88PUBLIC TOLL FACILITIES.
160.89TOLL FACILITY REVENUE BONDS.
160.90LAW ENFORCEMENT ON TOLL FACILITIES.
160.91JOINT AUTHORITY OVER TOLL FACILITY.
160.92TOLL FACILITY REPLACEMENT PROJECTS.
160.93USER FEES; HIGH-OCCUPANCY VEHICLE LANES.
160.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3
160.01 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 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]

ROADS

160.02 MS 1953 [Repealed, 1957 c 943 s 72]
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.[Renumbered subd 29]
    Subd. 3.[Renumbered subd 18]
    Subd. 4.[Renumbered subd 17]
    Subd. 5.[Renumbered subd 21]
    Subd. 6.[Renumbered subd 28]
    Subd. 7.[Renumbered subd 26]
    Subd. 8. Commissioner. "Commissioner" means the commissioner of transportation.
    Subd. 9.[Renumbered subd 25]
    Subd. 10.[Renumbered subd 23]
    Subd. 11.[Renumbered subd 20]
    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.[Renumbered subd 24]
    Subd. 14.[Renumbered subd 22]
    Subd. 15.[Renumbered subd 27]
    Subd. 16.[Renumbered subd 19]
    Subd. 17. 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. 18. County state-aid highways. "County state-aid highways" includes all roads
established in accordance with law as county state-aid highways.
    Subd. 19. Freeway or expressway. "Freeway" or "expressway" means a divided,
controlled-access highway with four or more lanes.
    Subd. 20. 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. 21. 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. 22. Noxious weeds. "Noxious weeds" has the meaning given in section 18.77,
subdivision 8
.
    Subd. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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.
History: 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 MS 1953 [Repealed, 1957 c 943 s 72]
160.03 COMPENSATION FOR PUBLIC PROPERTY.
Whenever public property is taken, damaged, or destroyed for highway purposes, just
compensation shall be paid therefor.
History: 1959 c 500 art 1 s 3
160.031 [Repealed, 1959 c 500 art 6 s 13]
160.04 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 1959 c 500 art 1 s 4
160.041 [Repealed, 1959 c 500 art 6 s 13]
160.05 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 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 MS 1953 [Repealed, 1957 c 943 s 72]
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 centerline of the trail or portage.
History: 1959 c 500 art 1 s 6
160.061 [Repealed, 1959 c 500 art 6 s 13]
160.07 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 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 MS 1953 [Repealed, 1957 c 943 s 72]
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; exceptions. 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 travel information center areas; (2) space within
state-owned buildings in those areas may be leased for the purpose of providing information to
travelers through advertising as provided in section 160.276; (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; (4) vending machines may be placed in rest areas, travel information
centers, or weigh stations constructed or located within trunk highway rights-of-way; and (5)
acknowledgment signs may be erected under sections 160.272 and 160.2735.
History: 1959 c 500 art 1 s 8; 1973 c 123 art 5 s 7; 1980 c 494 s 5; 1984 c 417 s 1; 2004
c 295 art 2 s 1
160.081 [Repealed, 1959 c 500 art 6 s 13]
160.085 RECORDING PROPOSED ACQUISITION FOR ROAD.
    Subdivision 1. Recording map or plat; certification. (a) 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.
(b) The map or plat, as to trunk highways, shall be certified by the commissioner of
transportation or the commissioner's designated assistant and by a licensed land surveyor.
(c) 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.
(d) The map or plat so certified is entitled to record without compliance with the provisions
of chapter 505. Neither a witness nor an acknowledgment is required for a map or plat certified
under this subdivision. Any amendments, alterations, corrections, 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, correction, 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. 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.
History: 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; 1999 c 230 s 3,4
160.09 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 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 on Uniform Traffic Control 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.
History: 1985 c 215 s 3
160.10 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 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 MS 1953 [Repealed, 1957 c 943 s 72]
160.11 MATERIALS FOR BUILDING ROADS.
    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]
History: 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 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 1959 c 500 art 1 s 12
160.121 [Repealed, 1959 c 500 art 6 s 13]
160.13 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 1959 c 500 art 1 s 13
160.131 [Repealed, 1959 c 500 art 6 s 13]
160.14 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 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 MS 1953 [Repealed, 1957 c 943 s 72]
160.15 PRESERVING SECTION OR QUARTER-SECTION CORNERS.
    Subdivision 1. Permanent marking of corners. Whenever the construction, reconstruction,
or maintenance of a public street or highway causes the destruction or obliteration of a known
section or quarter-section corner marker or monument, the road authority having jurisdiction over
the highway or street shall provide for the permanent marking of the corners and 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 must be in the manner following: At the exact location of the
corner there must be placed a durable stone, concrete, or metal marker, placed so as not to be
disturbed by routine maintenance activities. For a paved highway, a supplemental marker must be
placed over the durable monument. The supplemental marker must be visible at the road surface
and set in a manner so as not to be disturbed by routine snow plowing. When not practical or safe
to set a corner marker in a highway surface, a durable metal marker may be set as a permanent
witness monument on the section line or quarter-section line.
    Subd. 3. Time of placement; monument of durable material. Reference or witness
monuments evidencing the location of the corner must 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 land surveyor placing and establishing the markers or
monuments shall, no later than one year after placing and establishing them, file a certificate to
that effect in the office of the county surveyor, if the county maintains a full-time office, in the
county or counties in which the markers or monuments were placed. If a county in which the
markers or monuments were placed does not have a full-time office of the county surveyor, then
the land surveyor shall record the certificate in the office of the county recorder of that county.
Each certificate must contain only the record of markers and monuments at one corner.
    Subd. 5. Contents of certificate. The certificates must be on sheets of durable material,
which must be 8-1/2 by 11 inches with a margin at the left for binding. The certificates must
contain the following:
(1) identification of section or quarter-section corner;
(2) description of monument removed;
(3) description of replacement monument;
(4) reference ties or witness monuments;
(5) statements relating to physical and parol evidence relating to history and authenticity of
the corner monument;
(6) date of remonumentation; and
(7) certification by a registered land surveyor.
    Subd. 6. Cost of placing markers. The cost of placing the markers and monuments,
including filing fees, must be paid out of the respective funds provided by law, or set aside for
highway or street purposes.
History: 1959 c 500 art 1 s 15; 1971 c 598 s 1; 1973 c 123 art 5 s 7; 1976 c 181 s 2;
2004 c 154 s 1; 2005 c 99 s 1
160.151 [Repealed, 1959 c 500 art 6 s 13]
160.16 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 1959 c 500 art 1 s 16; 1986 c 444
160.161 [Repealed, 1959 c 500 art 6 s 13]
160.17 MS 1953 [Repealed, 1957 c 943 s 72]
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. A county or town board shall not make final payment on any road
construction or improvement contract, the amount for which sealed bids are required under
section 471.345, 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 has been filed in the office of the county auditor or town clerk.
    Subd. 4.[Repealed, 2004 c 209 s 2]
History: 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; 2004 c 209 s 1
160.171 [Repealed, 1959 c 500 art 6 s 13]
160.18 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 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 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 1959 c 500 art 1 s 19; 1961 c 87 s 1
160.191 [Repealed, 1959 c 500 art 6 s 13]
160.20 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 1959 c 500 art 1 s 20; 1979 c 294 s 1; 1984 c 417 s 2,3; 1986 c 444
160.201 MS 1957 [Repealed, 1959 c 500 art 6 s 13]
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.
History: 1945 c 36
160.21 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 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.
History: 1971 c 622 s 1; 1973 c 123 art 5 s 7
160.22 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 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 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 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.
(a) To provide enhanced roadside habitat for nesting birds and other small wildlife, 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.
(b) On any highway, the first eight feet away from the road surface, or shoulder if one
exists, may be mowed at any time.
(c) 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, but may not
be mowed to a height of less than 12 inches.
(d) 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.
(e) 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.
(f) When feasible, road authorities are encouraged to utilize low maintenance, native
vegetation that reduces the need to mow, provides wildlife habitat, and maintains public safety.
(g) The commissioner of natural resources shall cooperate with the commissioner of
transportation to provide enhanced roadside habitat for nesting birds and other small wildlife.
History: 1985 c 127 s 2; 1986 c 398 art 27 s 1; 1989 c 179 s 1; 1Sp2005 c 1 art 2 s 137
160.24 MS 1953 [Repealed, 1957 c 943 s 72]
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]
History: 1959 c 500 art 1 s 24
160.241 [Repealed, 1959 c 500 art 6 s 13]
160.25 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 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 MS 1953 [Repealed, 1957 c 943 s 72]
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. (a) 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.
(b) 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.
History: 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]

RECREATIONAL VEHICLES

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, Commerce, and Employment 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.
History: 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; 1Sp2001 c 4
art 6 s 77; 1Sp2003 c 4 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:
(1) designate any roadway or shoulder or portion thereof under its jurisdiction as a bicycle
lane or bicycle route;
(2) 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;
(3) develop and designate bicycle paths;
(4) designate as bikeways all bicycle lanes, bicycle routes, and bicycle paths.
    Subd. 3. Designation. (a) 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.
(b) 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.
History: 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.
History: 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 employment 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.
History: 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; 1Sp2003 c 4 s 1

RIGHT-OF-WAY USE RESTRICTIONS

160.27 MS 1953 [Repealed, 1957 c 943 s 72]
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. (a) Benches and shelters for the convenience and comfort of
persons waiting for streetcars 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.
(b) 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.
(c) 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.[Renumbered 160.2715]
    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 and section 160.2715.
    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.
    Subd. 9. Trunk highway closure; liability for rescue costs. (a) 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 section 160.2715. 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.
(b) A state agency or political subdivision that incurs costs as described in paragraph (a) 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.
History: 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; 2004 c 295 art 2 s 15
160.271 [Repealed, 1959 c 500 art 6 s 13]
160.2715 RIGHT-OF-WAY USE; MISDEMEANORS.
(a) 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 section 160.27, subdivision 7;
(10) paint, print, place, or affix any advertisement or any object within the limits of any
highway, except as provided in section 160.27, 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.
(b) Any violation of this section is a misdemeanor.
History: 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; 2004 c 295 art 2 s 15

REST AREAS AND TRAVEL CENTERS

160.272 SAFETY REST AREA AND TRAVEL INFORMATION CENTER LEASES.
    Subdivision 1. Lease agreements. (a) Except as provided in subdivision 3, and
notwithstanding any other law to the contrary, the commissioner may enter into lease agreements
through negotiations with public or not-for-profit entities or through best value, as defined
in section 16C.02, subdivision 4, with private entities relating to the use of safety rest areas
and travel information centers. For purposes of this section, "private entity" means a chamber
of commerce, a tourist and visitors bureau, or other organization that exists to promote tourism
and economic development.
(b) A lease under this subdivision may:
(1) with the approval of the commissioner of administration, prescribe a lease term length
of up to 20 years, with options for renewal;
(2) allow the lessee to operate a safety rest area facility in whole or in part;
(3) allow the lessee to offer for sale products or services under section 160.2725; and
(4) allow the lessee to add leasehold improvements to the site after approval by the
commissioner.
(c) A lease agreement for a safety rest area is subject to section 160.273 regarding vending
at safety rest areas.
(d) A lease agreement must include terms that promote and encourage the employment of
needy elderly persons according to section 160.282.
(e) The commissioner may publicly acknowledge the lessee and may erect signs adjacent to
the main travel lanes of a highway acknowledging the lessee. Acknowledgment on the mainline
may consist of placement of up to one sign for each direction of traffic served. The placement
of signs shall only be allowed (1) as approved through the Manual on Uniform Traffic Control
Devices process for experimentation, (2) in accordance with federal standards and policies, and
(3) so that no sign exceeds 100 square feet. No more than three acknowledgment signs or displays
may be placed at any one rest area, in addition to the mainline signs.
    Subd. 2. Revenues deposited. The commissioner shall deposit revenues from leases
authorized under this section into the safety rest area account established in section 160.2745.
    Subd. 3. Application to other law. Nothing in this section affects existing contracts under
section 248.07 or their renewal.
History: 2004 c 295 art 2 s 2,15
160.2725 SALES AT SAFETY REST AREAS.
    Subdivision 1. Sales authorized. Notwithstanding section 160.08, the commissioner may
sell travel and tourism-related publications and maps and travel and tourism-related merchandise
and services. The commissioner may rent or sell items for the convenience of persons using
safety rest areas, including local attraction tickets, and permits and licenses issued by units of
government. Notwithstanding section 16A.1285, the commissioner of transportation may collect
a service fee for the sale of lottery tickets, local attraction tickets, and permits and licenses.
Merchandise that competes with vending machine sales authorized under section 160.273
is subject to the provisions of subdivision 5. Food and beverage sales are limited to those items
that are sold from vending machines.
    Subd. 2. Advertising. The commissioner may advertise the availability of a program or item
offered under this section.
    Subd. 3. Software sales. Notwithstanding section 16E.15 or 160.08, the commissioner may
sell or license intellectual property and software products or services developed by a government
unit or custom-developed by a vendor for a government unit.
    Subd. 4. Revenues deposited. Money received by the commissioner under this section must
be deposited in the safety rest area account established in section 160.2745.
    Subd. 5. Competing merchandise. The commissioner and the designated state licensing
agency authorized under United States Code, title 20, sections 107 to 107e, shall enter into an
interagency agreement before rest areas are leased or before nonvending machine sales occur at
rest areas. The interagency agreement must identify what constitutes competing merchandise and
establish policies and procedures related to the sale of competing merchandise at rest areas.
History: 2004 c 295 art 2 s 3,15; 2005 c 156 art 5 s 23
160.273 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, milk, or
other items the commissioner deems appropriate and desirable in highway safety rest areas,
travel 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.
History: 1967 c 167 s 1; 1976 c 166 s 7; 1984 c 417 s 4; 1988 c 570 s 1; 2004 c 295 art
2 s 10,15
160.2735 SPONSORSHIP OF SAFETY REST AREAS.
    Subdivision 1. Sponsorship program. The commissioner may enter into agreements for
public or private sponsorship of highway safety rest areas by transportation and tourism-related
entities. The commissioner may publicly acknowledge sponsors and may erect signs adjacent to
the main travel lanes of a highway acknowledging the sponsors. Acknowledgment on the mainline
may consist of placement of up to one sign for each direction of traffic served. The placement
of signs shall only be allowed (1) as approved through the Manual on Uniform Traffic Control
Devices process for experimentation, (2) in accordance with federal standards and policies, and
(3) so that no sign exceeds 100 square feet. No more than three acknowledgment signs or displays
may be placed at any one rest area, in addition to the mainline signs.
    Subd. 2. Revenue. The commissioner shall deposit revenue from the sponsorship program to
the safety rest area account established in section 160.2745.
    Subd. 3. Prohibition. The commissioner shall take no action under this section that would
result in the loss of federal highway funds or require the payment of highway funds to the
federal government.
History: 2004 c 295 art 2 s 4
160.274 SALE OF SURPLUS REST AREA PROPERTY.
    Subdivision 1. Reconveyance of land. The commissioner may reconvey land no longer
needed for safety rest area purposes, subject to section 161.44.
    Subd. 2. Proceeds deposited; appropriation. Proceeds from the sale of real estate and
buildings under this section must be paid into the safety rest area account established in section
160.2745 and are appropriated to the commissioner (1) for the actual cost of selling the real
estate or buildings, (2) for the fees required to be paid under sections 161.23 and 161.44, and
(3) as provided in section 160.2745.
    Subd. 3. Prohibition. The commissioner shall take no action under this section that would
result in the loss of federal highway funds or require the payment of highway funds to the
federal government.
History: 2004 c 295 art 2 s 5
160.2745 SAFETY REST AREA ACCOUNT.
    Subdivision 1. Account established. A safety rest area account is established in the trunk
highway fund. Funds in the account are available until expended.
    Subd. 2. Deposits. The commissioner shall deposit in the safety rest area account revenue
received from leasing or sponsoring safety rest areas, advertising at safety rest areas, selling safety
rest area property and lands, and other revenue generated with respect to safety rest areas.
    Subd. 3. Appropriation; expenditures. Money in the account is appropriated to the
commissioner. The commissioner may spend proceeds of the account for safety rest areas,
including program administration, maintenance and operations, development and improvements,
and services to customers.
History: 2004 c 295 art 2 s 6
160.275 [Repealed, 1957 c 943 s 72]

TRAVEL INFORMATION FACILITIES

160.276 TRAVEL INFORMATION ADVERTISING PROGRAM.
    Subdivision 1. Leasing advertising space. The commissioner of transportation may
lease advertising space within travel information centers and safety rest areas for the purpose
of providing information to travelers through travel-related commercial and public service
advertising.
    Subd. 2.[Repealed by amendment, 2004 c 295 art 2 s 7]
    Subd. 2a. Agreements. The commissioner of transportation, by public negotiation or bid,
shall enter into agreements for the purposes of subdivisions 2a, 3a, and 8.
    Subd. 3. Information facilities. The commissioner may contract to permit a vendor to
construct, operate, and maintain additional information structures by and at the expense of
the vendor on state-owned lands within safety rest areas or travel information center areas.
All structures constructed by the vendor must meet or exceed specifications prescribed by the
commissioner of transportation and must satisfy the requirements of the State Building Code for
accessibility by the physically disabled. The vendor shall design all structures to enhance the site
and surroundings in a manner harmonious with the natural environment as determined by the
commissioner.
    Subd. 3a. Insurance. The commissioner shall require the vendor to obtain liability insurance
in an amount prescribed by the commissioner jointly insuring the state and the vendor against
any and all liability for claims for damage occurring wholly or partly because of the existence of
the vendor contract.
    Subd. 4. Sites; advertising. The commissioner shall determine the sites to be included in
this program and shall also determine the extent and location of space available for advertising
in each facility.
    Subd. 5. Explore Minnesota Tourism. The commissioner shall provide space free of charge
to Explore Minnesota Tourism for travel information centers. The commissioner shall not charge
Explore Minnesota 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.
    Subd. 6. Agreement requirements. Each vendor agreement must contain the following
provisions:
(1) that the vendor shall comply with Code of Federal Regulations, title 23, section 752 and
subsequent revisions pertaining to privately operated information systems;
(2) that at least 40 percent of the commercial advertising space must 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 travel information center;
(3) that the vendor shall make appropriate marketing efforts in an attempt to lease at least 40
percent of the commercial advertising space to local advertisers;
(4) reasonable performance standards, and maintenance standards for structures constructed
by the vendor; and
(5) limitations on advertising space within state-owned buildings or on state-owned property
in safety rest areas and travel information centers.
    Subd. 7. Reasonable terms and conditions. The commissioner of transportation may
require additional reasonable terms and conditions to be included in the vendor 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 vendor in advertising contracts
and in buildings constructed by the vendor.
    Subd. 8. Revenue. The agreement may provide that the vendor pay a portion of the gross
revenues derived from advertising. These revenues must be paid to the state for deposit in the
safety rest area account established in section 160.2745. The commissioner of transportation
and director of the Office of Tourism may enter into an interagency agreement to define the
distribution of the revenues generated in this subdivision and subdivisions 2a and 3a.
History: 1980 c 494 s 2-4; 1986 c 444; 1991 c 345 art 1 s 78; 2004 c 171 s 17; 2004 c
295 art 2 s 7-9,15; 2005 c 56 s 1
    Subdivision 1.[Renumbered 160.276, subd 2a]
    Subd. 2.[Renumbered 160.276, subd 3a]
    Subd. 3.[Renumbered 160.276, subd 8]
    Subdivision 1.[Renumbered 160.276, subd 6]
    Subd. 2.[Renumbered 160.276, subd 6]
    Subd. 3.[Renumbered 160.276, subd 7]
160.28 MS 1953 [Repealed, 1957 c 943 s 72]
160.28 PLANS FOR PUBLIC TRAVEL FACILITIES.
    Subdivision 1. Safety rest areas; travel information centers; weigh stations. Any
other law to the contrary notwithstanding, the commissioner of transportation may have plans,
specifications, and detailed designs prepared for the construction of buildings and facilities for
highway safety rest areas, travel 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.[Renumbered 160.273]
History: 1967 c 167 s 1; 1976 c 166 s 7; 1984 c 417 s 4; 1988 c 570 s 1; 2004 c 295 art
2 s 10,15
160.281 MS 1957 [Repealed, 1959 c 500 art 6 s 13]
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.
History: 1969 c 89 s 1-4; 1976 c 166 s 7; 1986 c 444
160.282 PUBLIC TRAVEL FACILITIES.
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.
History: 1969 c 157 s 1; 1976 c 166 s 7

RESORT INFORMATION SIGNS

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.
History: 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.
History: 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, paragraph (d), or closer than 300 feet from other trunk highways as
provided in section 173.16, subdivision 4, paragraph (e).
    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.
History: 1971 c 675 s 3; 1973 c 35 s 33; 1976 c 166 s 7; 1984 c 417 s 6

VACATING PUBLIC RIGHT-OF-WAY

160.29 MS 1953 [Repealed, 1957 c 943 s 72]
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.
History: 1971 c 461 s 1,2; 1973 c 123 art 5 s 7
160.291 [Repealed, 1959 c 500 art 6 s 13]

SPECIFIC SERVICE INFORMATION SIGNS

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.[Renumbered subd 22]
    Subd. 3.[Renumbered subd 23]
    Subd. 4.[Renumbered subd 24]
    Subd. 5.[Renumbered subd 16]
    Subd. 6.[Renumbered subd 18]
    Subd. 7.[Renumbered subd 15]
    Subd. 7a.[Renumbered subd 19]
    Subd. 8.[Renumbered subd 17]
    Subd. 9.[Renumbered subd 14]
    Subd. 10.[Renumbered subds 20,21,25]
    Subd. 11.[Renumbered subd 13]
    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.
    Subd. 13. 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. 14. Local road. "Local road" means any nontrunk highway.
    Subd. 15. Motel. "Motel" has the meaning given to the word "hotel" in section 157.15.
    Subd. 16. 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. 17. Recreational camping area. "Recreational camping area" has the meaning given
it in section 327.14, subdivision 8.
    Subd. 18. Resort. "Resort" has the meaning given it in section 157.15.
    Subd. 19. Restaurant. "Restaurant" has the meaning given it in section 157.15.
    Subd. 20. Rural agricultural business. "Rural agricultural business" includes but is not
limited to (1) a grain-handling facility, (2) a business providing care and well-being to animals,
and (3) the sale of feed or seed.
    Subd. 21. 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.
    Subd. 22. 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. 23. 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. 24. 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. 25. Tourist-oriented business. (a) "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.
(b) "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.
History: 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; 2001 c 213 s 1
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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 1980 c 413 s 6; 1996 c 456 s 18
160.298 HIGHWAY SIGN PROGRAM; BILLING, ACCOUNT, APPROPRIATION.
The commissioner of transportation may bill highway operations units of the department and
local road authorities for the costs of a centrally managed highway sign program. These costs
may include equipment acquisition and rental, labor, materials, and other costs as determined
by the commissioner. Receipts must be credited to a special account, which is established in
the trunk highway fund, and are appropriated to the commissioner to pay the costs for which
the billings are made. Amounts credited to the account are exempt from statewide and agency
indirect costs payments.
History: 1Sp2005 c 6 art 3 s 3
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; and possess any required state or local licensing or approval. 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. (a) 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.
(b) 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]
History: 1984 c 417 s 12; 1986 c 444; 1993 c 128 s 1; 1998 c 403 s 8,9; 2005 c 120 s 1;
2005 c 135 s 1

ROADS IN SCENIC OR RECREATIONAL AREAS

160.81 HIGHWAYS IN SCENIC 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]
History: 1986 c 454 s 4; 1987 c 321 s 1; 1994 c 635 art 1 s 2; 2005 c 120 s 1; 2005 c 135 s 1
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) 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.
(b) This subdivision does not preclude an action for damages arising from negligence in the
construction, reconstruction, or maintenance of a park road.
History: 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) 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.
(b) Nothing in this subdivision exempts a road authority from its duty to maintain bridges
under chapter 165 or other applicable law.
History: 1991 c 298 art 4 s 3; 1996 c 455 art 3 s 2

TOLL FACILITIES

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 25
, 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.
History: 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 161.162 to
161.167 and 473.166. Except as otherwise provided in sections 161.162 to 161.167, 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.
History: 1993 c 211 s 2; 1996 c 455 art 3 s 3; 2001 c 191 s 1
160.86 TOLL FACILITY DEVELOPMENT AGREEMENT; REQUIREMENTS.
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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 1993 c 211 s 9
160.93 USER FEES; HIGH-OCCUPANCY VEHICLE LANES.
    Subdivision 1. Fees authorized. To improve efficiency and provide more options to
individuals traveling in a trunk highway corridor, the commissioner of transportation may charge
user fees to owners or operators of single-occupant vehicles using designated high-occupancy
vehicle lanes. The fees may be collected using electronic or other toll-collection methods and
may vary in amount with the time of day and level of traffic congestion within the corridor.
The commissioner shall consult with the Metropolitan Council and obtain necessary federal
authorizations before implementing user fees on a high-occupancy vehicle lane. Fees under this
section are not subject to section 16A.1283.
    Subd. 2. Deposit of revenues; appropriation. (a) Money collected from fees authorized
under subdivision 1 must be deposited in a high-occupancy vehicle lane user fee account in the
special revenue fund. A separate account must be established for each trunk highway corridor.
Money in the account is appropriated to the commissioner.
(b) From this appropriation the commissioner shall first repay the trunk highway fund and
any other fund source for money spent to install, equip, or modify the corridor for the purposes
of subdivision 1, and then shall pay all the costs of implementing and administering the fee
collection system for that corridor.
(c) The commissioner shall spend remaining money in the account as follows:
(1) one-half must be spent for transportation capital improvements within the corridor; and
(2) one-half must be transferred to the Metropolitan Council for expansion and improvement
of bus transit services within the corridor beyond the level of service provided on the date
of implementation of subdivision 1.
    Subd. 3. Rules exemption. With respect to this section, the commissioner is exempt from
statutory rulemaking requirements, including section 14.386, and from sections 160.84 to 160.92
and 161.162 to 161.167.
    Subd. 4. Prohibition. No person may operate a single-occupant vehicle in a designated
high-occupancy vehicle lane except in compliance with the requirements of the commissioner. A
person who violates this subdivision is guilty of a petty misdemeanor and is subject to sections
169.89, subdivisions 1, 2, and 4, and 169.891 and any other provision of chapter 169 applicable to
the commission of a petty misdemeanor traffic offense.
History: 1Sp2003 c 19 art 2 s 7

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