2000 Minnesota Statutes

  161.17 Interstate highway system; approval of plans. 

    Subdivision 1.  Repealed, 1969 c 312 s 8 

    Subd. 2.    Interstate system.  (a) It is hereby 
 declared that construction of the interstate system of highways 
 will vitally affect the future development of the cities through 
 which these routes pass and such municipalities should have an 
 important role in the development of this highway system; that 
 on the other hand the future planning and programming of 
 construction projects over a period of years is necessary to 
 take maximum advantage of federal aid and to build a unified and 
 coordinated interstate system; that excessive delay in local 
 approval of plans for construction of one segment may seriously 
 impede completion of the entire system and adversely affect 
 other municipalities along the interstate routes; that the 
 mutual exchange of information and close cooperation between the 
 department and local governing bodies should be encouraged by 
 improved administrative processes for securing orderly review of 
 plans and the resolution of differences over interstate routes 
 and projects; and that the provisions of sections 161.171 to 
 161.177 for local approval of trunk highway plans must be 
 modified for the interstate highway system in the light of these 
 various considerations.  Before proceeding with the preparation 
 of the final plans for the construction, reconstruction, or 
 improvement of any route on the interstate system lying within 
 any city, the commissioner shall submit to its governing body 
 preliminary plans covering the route location.  The preliminary 
 plans shall be submitted as part of a report containing such 
 supporting data that the commissioner deems helpful to the 
 governing body in appraising the plans submitted. 

    (b) Any public hearing on location of an interstate route 
 held in compliance with federal requirements shall be held at 
 least one month after submission to the governing body of the 
 report provided for in this subdivision.  After the public 
 hearing and on preparing final plans, the commissioner shall 
 submit the final plans to the governing body for approval.  If 
 the governing body does not approve the final plans within three 
 months after submitted, the commissioner may refer the plans to 
 (1) the Twin Cities Metropolitan Area Planning Commission, if 
 the project is within the area of its jurisdiction, or (2) the 
 municipal advisory committee on state-aid rules established 
 under section 162.09, subdivision 2, if the project is elsewhere 
 in the state.  If a member of the advisory committee is from the 
 municipality concerned that member shall be excused.  If the 
 plans are so referred, the commission or committee shall give 
 the commissioner and the governing body ample opportunity to 
 present the case for or against approval of the plans so 
 referred.  Not later than three months after such hearings and 
 independent study as it deems desirable, it shall approve or 
 disapprove such plans, making such additional recommendations 
 consistent with state and federal requirements as it deems 
 appropriate, and it shall submit a written report containing its 
 findings and recommendations to the commissioner and the 
 governing body.  The commissioner shall not proceed with the 
 proposed construction, reconstruction, or improvement except in 
 accordance with plans approved by the governing body or, if 
 referred to the commission or committee, until after the 
 commission or committee has made its report, and then only after 
 the governing body has had an additional 90 days within which to 
 consider the plans originally submitted or such modified plans 
 as may be submitted to it by the commissioner following the 
 report of the commission or committee.  If within such 90-day 
 period, the governing body does not approve the plans submitted 
 to it, and if the commissioner then wishes to proceed with the 
 project according to plans differing substantially from the 
 plans recommended by the commission or committee in its report, 
 the commissioner shall, before proceeding with the project, file 
 a written report with the commission or committee and the 
 governing body stating fully the reasons for doing so.  Whenever 
 plans are referred to the Twin Cities Metropolitan Area Planning 
 Commission, the commission shall be reimbursed from the trunk 
 highway fund for actual and necessary expenses incurred by the 
 commission in staff work incident to consideration of plans and 
 action thereon by the commission.  Whenever plans are referred 
 to the advisory committee on rules, members of the committee 
 shall be paid their necessary expenses to the same extent and in 
 the same manner as for its duties in considering the 
 commissioner's rules.  

    HIST: 1959 c 500 art 2 s 17; 1973 c 123 art 5 s 7; 1985 c 248 
 s 70; 1986 c 444; 1991 c 199 art 1 s 55