161.164 FINAL LAYOUT APPROVAL PROCESS.
Subdivision 1. Submission of final layout.
Before proceeding with the construction,
reconstruction, or improvement of any route on the trunk highway system lying within any
municipality, the commissioner shall submit to its governing body a final layout and project
report covering the purpose, route location, and proposed design of the highway. The final layout
must be submitted as part of a report containing any supporting data that the commissioner
deems helpful to the governing body in reviewing the final layout submitted. The supporting
data must include a good faith cost estimate of all the costs in which the governing body is
expected to participate. The final layout must be submitted before final decisions are reached so
that meaningful early input can be obtained from the municipality.
Subd. 2. Governing body action.
(a) Within 15 days of receiving a final layout from the
commissioner, the governing body shall schedule a public hearing on the final layout. The
governing body shall, within 60 days of receiving a final layout from the commissioner, conduct a
public hearing at which the Department of Transportation shall present the final layout for the
project. The governing body shall give at least 30 days' notice of the public hearing.
(b) Within 90 days from the date of the public hearing, the governing body shall approve or
disapprove the final layout in writing, as follows:
(1) If the governing body approves the final layout or does not disapprove the final layout in
writing within 90 days, in which case the final layout is deemed to be approved, the commissioner
may continue the project development.
(2) If the final construction plans contain changes in access, traffic capacity, or acquisition of
permanent right-of-way from the final layout approved by the governing body, the commissioner
shall resubmit the portion of the final construction plans where changes were made to the
governing body. The governing body must approve or disapprove the changes, in writing, within
60 days from the date the commissioner submits them.
(3) If the governing body disapproves the final layout, the commissioner may make
modifications requested by the municipality, decide not to proceed with the project, or refer the
final layout to an appeal board. The appeal board shall consist of one member appointed by the
commissioner, one member appointed by the governing body, and a third member agreed upon
by both the commissioner and the governing body. If the commissioner and the governing body
cannot agree upon the third member, the chief justice of the Supreme Court shall appoint a third
member within 14 days of the request of the commissioner to appoint the third member.
Subd. 3. Appeal board.
Within 30 days after referral of the final layout, the appeal board
shall hold a hearing at which the commissioner and the governing body may present the case for
or against approval of the final layout referred. Not later than 60 days after the hearing, the
appeal board shall recommend approval, recommend approval with modifications, or recommend
disapproval of the final layout, making additional recommendations consistent with state and
federal requirements as it deems appropriate. It shall submit a written report containing its
findings and recommendations to the commissioner and the governing body.
History: 2001 c 191 s 5