2006 Minnesota Statutes

169.072 UNAUTHORIZED MAILBOX INSTALLATION.
    Subdivision 1. Public hazard. A mailbox installation or support on a public highway that
does not meet the breakaway and location standards contained in rules adopted under subdivision
2 is declared to be a public nuisance, a road hazard, and a danger to the health and safety of
the traveling public.
    Subd. 2. Standards; rulemaking. The commissioner shall by January 1, 1993, adopt rules
that provide for standards and permissible locations of mailbox installations and supports on
a street or highway. The commissioner shall base the rules substantially on federal highway
administration regulations or recommendations, or other national standards or recommendations
regarding the location and construction of safe, breakaway mailbox installations or supports. In
adopting the rules, the commissioner shall consider the safety of the traveling public relative to
the convenience and expense of owners of nonconforming mailbox installations or supports. The
commissioner may provide for alternative standards to allow variances from the rules.
    Subd. 3. Removal, notice. (a) After adoption of the rules authorized under subdivision 2,
the commissioner or a road authority as defined in section 160.02, subdivision 25, may remove
and replace a mailbox installation or support that is (1) located on a street or highway under
the jurisdiction of the commissioner or road authority, and (2) does not conform to the rules
adopted under subdivision 2. The commissioner or road authority may remove and replace a
nonconforming mailbox installation or support not less than 60 days after giving notice, by
personal notice or certified mail to the owner or the resident at the address served by the mailbox,
of its intent to remove and replace the installation or support. The commissioner or road authority
may charge the owner or resident not more than $75 for the cost of the removal and replacement.
(b) The notice must at a minimum:
(1) inform the owner of the nonconforming installation or support;
(2) inform the owner or resident of the applicable law and rules, including the rules that
contain the standards for mailbox installations and supports on public streets and highways;
(3) inform the owner or resident that the owner or resident must remove the installation or
support or bring it into compliance with the rules within 60 days of the date of the notice;
(4) inform the owner or resident of the applicable laws and rules and the standards for
mailbox installations and supports on public streets and highways, and provide plans or diagrams
of examples of conforming installations or supports;
(5) inform the owner or resident that if the nonconforming installation or support is not
removed or replaced within 60 days of the date of the notice, the commissioner or road authority
may remove and replace the installation or support at a cost of up to $75 to the owner or resident;
and
(6) inform the owner or resident that where the replacement is made in conjunction with
certain federally aided highway construction projects the replacement may be made at partial
or no cost to the owner or resident.
History: 1991 c 339 s 6