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.
2001 c 191 s 5
Structure Minnesota Statutes
Chapters 160 - 174A — Transportation
Section 161.04 — Trunk Highway Fund.
Section 161.081 — Highway User Tax, Distribution, Investment.
Section 161.082 — County Turnback Account, Expenditures.
Section 161.083 — Municipal Turnback Account, Expenditure.
Section 161.084 — Surplus Funds In Turnback Accounts.
Section 161.085 — Appropriation From Turnback Accounts.
Section 161.088 — Corridors Of Commerce Program.
Section 161.089 — Report On Dedicated Fund Expenditures.
Section 161.09 — Department Orders, Files, And Records.
Section 161.095 — Travel Expense For Job Applicants.
Section 161.10 — Investigations, Recommendations, Reports.
Section 161.11 — Compensation Insurance.
Section 161.114 — Constitutional Trunk Highways.
Section 161.115 — Additional Trunk Highways.
Section 161.117 — Trunk Highways; Additional Routes.
Section 161.12 — Additional Routes Added; Federal Aid.
Section 161.122 — Restrictions On Marked Trunk Highway 51.
Section 161.1231 — Parking Facilities For I-394.
Section 161.1245 — Highway Construction; Authorizations And Restrictions.
Section 161.125 — Sound Abatement Along Highways.
Section 161.139 — Highway Designation Costs.
Section 161.14 — Names And Designations Of Certain Highways.
Section 161.141 — Northwest Angle, Connecting Highway; Federal Approval.
Section 161.1419 — Mississippi River Parkway Commission.
Section 161.142 — Great River Road.
Section 161.148 — Great River Road, Location Of Route.
Section 161.15 — Specific Location; Limitation On Deviations.
Section 161.16 — Highway Designation, Vacation, Reversion, Survey.
Section 161.162 — Definitions.
Section 161.163 — Highway Project Review.
Section 161.164 — Final Layout Approval Process.
Section 161.165 — Commissioner Action; Interstate Highways.
Section 161.166 — Commissioner Action; Other Highways.
Section 161.167 — Reimbursement Of Expenses.
Section 161.18 — Prior Easements Vest In State.
Section 161.19 — Certain Records Obtained And Filed.
Section 161.20 — General Powers Of Commissioner.
Section 161.202 — Replacement Of Public Lands.
Section 161.23 — Excess Acquisition.
Section 161.231 — Appropriation; Proceeds From State Property.
Section 161.24 — Changes Required By Construction Of Trunk Highway.
Section 161.241 — Relocation Of Railroad Tracks, Acquisition Of Land.
Section 161.242 — Junk Yard Act.
Section 161.25 — Temporary Trunk Highway Detour; Haul Road.
Section 161.26 — Highway Maintained Across Portion Of Adjoining State.
Section 161.261 — Connector Segments With Other States.
Section 161.27 — Trunk Highways Across Bodies Of Water.
Section 161.28 — Altering Public Drainage Ditch By Trunk Highway.
Section 161.29 — Acquiring Toll Bridge For Trunk Highway System.
Section 161.30 — Marking Design.
Section 161.31 — Maps And Pamphlets.
Section 161.315 — Protection Of Public Contracts.
Section 161.32 — Contracting For Work On Trunk Highway.
Section 161.3203 — Contracts For Work For Trunk Highway.
Section 161.3206 — Best-value Contracting Authority.
Section 161.3207 — Construction Manager/general Contractor Contracts; Definitions.
Section 161.3208 — Construction Manager/general Contractor; Authority.
Section 161.3209 — Construction Manager/general Contractor; Procedures.
Section 161.321 — Small Business Contracts.
Section 161.3212 — Working Capital Fund.
Section 161.322 — Payment Of Interest To Contractors.
Section 161.33 — Employee Interest In Contract, Unlawful.
Section 161.34 — Contract Claims Against State.
Section 161.3410 — Design-build Contracts; Definitions.
Section 161.3412 — Design-build Authority.
Section 161.3414 — Determination To Use Design-build Selection Method.
Section 161.3416 — Design-build Notice; Report.
Section 161.3418 — Licensing Requirements.
Section 161.3420 — Design-build Rfq; Selection Team; Evaluation.
Section 161.3422 — Rfp For Design-build.
Section 161.3424 — Replacing Team Members.
Section 161.3426 — Design-build Award.
Section 161.361 — Advance Funding For Trunk Highway Projects.
Section 161.365 — Highway Contract Specifications; Minimum Wage.
Section 161.366 — Construction Contract; Taconite Relief Area.
Section 161.368 — Highway Contracts With Tribal Authorities.
Section 161.37 — Surplus Government Materials.
Section 161.38 — Special Agreements For Highways In Municipalities.
Section 161.39 — Aid To Other Road Authorities And State Departments.
Section 161.391 — Pavement Striping.
Section 161.40 — Joint Facilities With Division Of Emergency Management.
Section 161.41 — Surplus Property Not Needed For Highway Purposes.
Section 161.411 — Sale Of Surplus Earth Material.
Section 161.42 — Leasing Or Sale Of Sounding And Testing Equipment.
Section 161.43 — Relinquishment Of Highway Easement.
Section 161.431 — Leasing Of Highway Easement.
Section 161.433 — Use Of Highway Airspace And Subsurface.
Section 161.434 — Interstate And Trunk Highway Rights-of-way; Limited Use.
Section 161.44 — Relinquishment Of Land No Longer Needed.
Section 161.441 — Land Acquisition Agreement With Others.
Section 161.442 — Reconveyance To Former Owner.
Section 161.45 — Utility On Highway Right-of-way; Relocation.
Section 161.46 — Reimbursement Of Utility.
Section 161.462 — Fiber Collaboration Database.
Section 161.465 — Reimbursement For Fire Services.