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2007 RIGHT OF WAY MANUAL 122.10 122.10 ENCROACHMENT POLICY A construction project will not be certified by the Director of the Office of Land Management until receipt of the District Engineer's statement that all encroachments have been removed or definite arrangements made for their removal. Any other proposed disposition must be so noted in the non-encroachment certificate. In no event shall an encroachment be allowed to remain on any project unless it is determined that such encroachment will in no way impair the highway use of the land or interfere with the free and safe flow of traffic on the highway. 122.11 ENCROACHMENTS PROCEDURE At least 1 1 weeks prior to the letting date the District Engineer shall furnish the Director of the Office of Land Management with a non-encroachment statement for each construction project, attesting that all existing encroachments have been eliminated. If, due to extenuating circumstances,the encroachment should remain,the District Engineer shall explain the circumstances in the non-encroachment statement and include recommendations for disposition. When the right of way is certified by the Director of the Office of Land Management, these recommendations will become a part of the right of way certificate. District Engineer N%, 1. Prepares a separate non-encroachment statement for each construction project, at least l I weeks prior to the letting. 2. Explains any extenuating circumstances to justify allowing an encroachment to remain on the right of way and gives recommendations therefore. Director of the Office of Land Management 3. Receives non-encroachment statement from the District Engineer and forwards it to the Right of Way Certificate Technician,who will use it in preparing the right of way certificate. 122.12 MUNICIPAL APPROVALS For requirements as to municipal approvals, see Minn. Stat. §§161.17 through 161.177. The Transportation District Engineer(acting through the District Design Engineer/Project Manager)will conduct environmental impact hearings and municipal hearings and will secure hearing transcripts and municipal approval resolutions (the "Hearing Package"). On Federal-aid projects the District Design Engineer/Project Manager will submit copies of the transcripts and resolutions directly to FHWA. (See Highway Project Development Process Manuals.)Correspondingly, it is the District Design Engineer/Project Manager who will furnish the municipality with a set of final construction plans pursuant to Minn. Stat. 161.77. This is not the responsibility of the Certificate Technician. A construction project will not be certified by the Director of the Office of Land Management until receipt of the District Engineer's statement that the statutes governing municipal hearings and approvals have been complied with.