1998 Minnesota Statutes

     161.174 Submission of layout plans. 

    The commissioner shall submit to the governing body of each 
 municipality wherein a highway is proposed to be constructed or 
 improved, a proposed layout plan for the highway construction or 
 improvement containing:  the proposed location, elevation, width 
 and geometrics of the construction or improvement, together with 
 a statement of the reasons therefor.  Said plan shall also 
 contain:  approximate right-of-way limits; a tentative schedule 
 for right-of-way acquisition, if known; proposed access points; 
 frontage roads; separation structures and interchanges; location 
 of utilities, when known; landscaping, illumination, a tentative 
 construction schedule, if known; and the estimated cost of the 
 construction or improvement.  The commissioner shall submit more 
 than one layout plan.  Each such plan shall also be submitted to 
 the metropolitan council if any portion of the proposed highway 
 construction or improvement is located in the metropolitan 
 area.  In all areas of the state a copy of the layout plan shall 
 be sent to established regional, county and municipal planning 
 commissions in the area affected by the highway project.  Not 
 less than 90 nor more than 120 days after said plan has been 
 submitted, the commissioner shall hold a public hearing on the 
 proposed highway construction or improvement at such time and 
 place within any municipality wherein a portion of the 
 construction or improvement is located, as the commissioner 
 shall determine.  The hearing shall be noticed, held and 
 conducted in the manner provided in section 161.173, except that 
 the commissioner shall mail notice of the hearing only to those 
 municipalities and agencies entitled to receive a copy of the 
 layout plan.  The hearing shall be transcribed and a record 
 thereof made available to each municipality or agency entitled 
 to receive a copy of said plan.  Within 180 days after the 
 hearing is completed, the commissioner shall formally adopt a 
 layout plan.  A copy of the layout plan as adopted shall be 
 submitted to each municipality or agency entitled to receive a 
 copy of the proposed plan, together with the reasons for any 
 change in the plan as presented at the hearing.  Within 120 days 
 after the receipt of the adopted layout plan, each such 
 municipality or agency shall submit to the commissioner its 
 approval or disapproval of the layout plan and the reasons for 
 such disapproval, and proposed alternatives, which may include a 
 recommendation of no highway.  Such alternatives submitted by a 
 municipality located within the metropolitan area shall, upon 
 request of the municipality, be reviewed by the metropolitan 
 council in order to determine whether such alternatives are 
 likely to meet minimum federal requirements.  The metropolitan 
 council is authorized to provide whatever assistance it deems 
 advisable to the submitting municipality in order to assist it 
 in arriving at an alternative which meets minimum federal 
 requirements.  If said plan or any part thereof is not 
 disapproved within such period, the commissioner may proceed to 
 prepare final construction plans and specifications for the 
 highway construction or improvement consistent with the adopted 
 layout plan, and may acquire the necessary right-of-way.  If the 
 layout plan or any part thereof is disapproved by any 
 municipality or agency, and the commissioner determines to 
 proceed with the plan without modifications, the commissioner 
 shall proceed in the manner provided in section 161.175.  On 
 determining to proceed with the plan with modifications, the 
 commissioner shall submit the modified layout plan to the 
 municipalities and agencies entitled to receive the original 
 layout plan in the manner described above, for approval or 
 disapproval by each such municipality or agency within 60 days 
 after receipt of the modified layout plan.  If the modified 
 layout plan or any part thereof is not disapproved by any 
 municipality or agency within 60 days after its receipt, the 
 commissioner may proceed to prepare final construction plans and 
 specifications consistent with the modified layout plan, and may 
 acquire the necessary right-of-way.  If the modified plan is 
 disapproved by any municipality and the commissioner determines 
 to proceed with the plan without additional modification, the 
 commissioner shall proceed in the manner provided in section 
 161.175.  If the layout plan is disapproved, either as 
 originally submitted or as modified and the commissioner does 
 not act pursuant to section 161.175, within one year from the 
 date of the completion of the hearing, any objecting 
 municipality entitled to receive a copy of the layout plan by 
 virtue of this section may invoke the appellate procedure 
 pursuant to section 161.175, in the same manner as the same 
 might be invoked by the commissioner.  In the event the 
 appellate procedure is invoked by either the commissioner or the 
 municipality, the commissioner shall hold a public hearing prior 
 to the appointment of an appeal board.  Such hearing shall be 
 limited to the proposed alternative layout plans. 

    HIST: 1969 c 312 s 4; 1984 c 654 art 3 s 53; 1986 c 444; 1994 
 c 628 art 3 s 11