2006 Minnesota Statutes

162.021 NATURAL PRESERVATION ROUTES.
    Subdivision 1. Establishment; rules. (a) The commissioner shall establish a natural
preservation routes category within the county state-aid highway system.
(b) Natural preservation routes include those routes that possess particular scenic,
environmental, or historical characteristics, such as routes along lakes or through forests,
wetlands, or flood plains, that would be harmed by construction or reconstruction meeting the
engineering standards under section 162.07 or the rules adopted under that section.
(c) The commissioner shall adopt rules establishing minimum construction and
reconstruction standards that address public safety and reflect the function, lower traffic volume,
and slower speed on natural preservation routes. The rules may not establish standards for natural
preservation routes that are higher than the standards for national forest highways within national
forests and state park access roads within state parks. Design standards specifying the width of
vehicle recovery areas on forest highways, forest and park roads, and on natural preservation
routes must minimize harmful environmental impact.
    Subd. 2. Signs. Signs must be posted at entry points to and at regular intervals along natural
preservation routes. 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 natural
preservation route has been given to the motoring public.
    Subd. 3. Liability. Where a county state-aid highway has been designated a natural
preservation route and signs have been posted under subdivision 2, the state and the county
with jurisdiction over the road and their officers and employees are exempt from liability for
any tort claim for injury to persons or property arising from travel on the highway and related
to its design standards for construction or reconstruction, if the design standards comply with
the standards established by the commissioner under subdivision 1. This subdivision does not
preclude an action for damages arising from negligence in the construction, reconstruction, or
maintenance of a natural preservation route.
    Subd. 4. Public information. A county proposing a project on a county state-aid highway
that is a natural preservation route that requires removal of the entire surface of the highway shall
send to owners of property abutting the highway a written notice that describes the project. The
county shall hold a public meeting to discuss design and construction alternatives.
    Subd. 5. Designation. The commissioner may designate a county state-aid highway as a
natural preservation route only on petition of the county board of the county having jurisdiction
over the road. Within 60 days after a county board receives a written request to designate a county
state-aid highway as a natural preservation route, the county board shall act on the request.
History: 1991 c 298 art 4 s 6; 2004 c 181 s 1; 2004 c 295 art 1 s 4