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2007 RIGHT OF WAY MANUAL 122.8 <br /> 122.8 COORDINATION FOLLOWING ADVERTISEMENT AND BEFORE LETTING <br /> Three weeks before letting, an update review of the project will be done. In this review, all <br /> outstanding issues identified in the Special Provisions and Public Interest Finding letter will be <br /> reviewed for"show stopping" items. The Director of the Office of Land Management will make a <br /> recommendation to the District Engineer,FHWA,the Director of Technical Support,and Mn/DOT's <br /> Chief Engineer on either letting the project or not. In the end, the District Engineer, Mn/DOT's <br /> Chief Engineer, and FHWA will make this final decision. If the project is approved for letting, any <br /> additional special provisions that are needed will be prepared and sent out by the Special Provisions <br /> Engineer to the bidders list for the project. This addendum must be ready for distribution a <br /> minimum of 10 working days before the letting. The District will be responsible for send out any <br /> addendums that are not ready by the 10 working day deadline. <br /> Continued monitoring by OLM's Project Coordination Unit will occur and as parcels are cleared, <br /> agreements are signed, or permits are approved updates will be provided to the Office of <br /> Construction. The Office of Construction will use this updated information to make a decision on <br /> either awarding a project or not. <br /> If contingencies were made with FHWA on project letting or award, all updates will also be <br /> provided. <br /> 122.9 ENCROACHMENTS <br /> State law prohibiting encroachments is found in Minn. Stat. 160.2715. <br /> The Federal Regulation prohibiting encroachments on federal-aid highways is found in 23 CFR 710.403 (a). <br /> (a) The STD must assure that all real property within the boundaries of a federally-aided facility is <br /> devoted exclusively to the purposes of that facility and is preserved free of all other public or private <br /> alternative uses, unless such alternative uses are permitted by Federal regulation or the FHWA. <br /> The term encroachment means any building, fence, sign, billboard or other structure or object of any kind <br /> (with the exception of public and private utilities) placed, located, or maintained in, on, under, or over any <br /> portion of the highway right of way. <br /> Awnings, marquees, on-premise advertising signs, and similar overhanging structures supported from <br /> buildings immediately adjacent to the highway right of way, at locations where there is a sidewalk on the <br /> right of way extending to the building line, and which do not impair the free and safe flow of traffic on the <br /> highway,may be permitted to remain. But this applies only where Mn/DOT owns easement;encroachments <br /> are not allowed on fee owned right of way. <br /> Permission for overhanging signs is not to be construed as being applicable to those signs supported from <br /> poles constructed outside the right of wav line and not confined by_ acent buildinp�s There may be <br /> situations-uations where intermittent buildings are set back from the right of way and buildings on adjacent lots are <br /> constructed flush with the back of the sidewalk. Signs advertising the enterprise conducted in the set-back <br /> building would be permitted to overhang the sidewalk from a pole support to the same degree as if supported <br /> from a building. <br />