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Minnesota Statutes 2004, 161.164 Page 1 of 2 <br /> x <br /> Minnesota Statutes 2004,Table of Chapters <br /> Table of.contents for Chapter 161 <br /> 161.164 Final layout approval process. <br /> Subdivision 1. Submission of final layout. Before <br /> proceeding with the construction, reconstruction, or improvement <br /> of any route on the trunk highway system lying within any <br /> municipality, the commissioner shall submit to its governing <br /> body a final layout and project report covering the purpose, <br /> route location, and proposed design of the highway. The final <br /> layout must be submitted as part of a report containing any <br /> supporting data that. the commissioner deems helpful to the i <br /> governing body in reviewing the final layout submitted. The j <br /> supporting data must include a good faith cost estimate of all <br /> the costs in which the governing body is expected to <br /> participate. The final layout must be submitted before final <br /> decisions are reached so that meaningful early input can be <br /> obtained from the municipality. <br /> Subd. 2. Governing body action. (a) Within 15 days <br /> of receiving a final layout from the commissioner, the governing <br /> body shall schedule a public hearing on the final layout. The <br /> governing body shall, within 60 days of receiving a final layout <br /> from the commissioner, conduct a public hearing at which the <br /> Department of Transportation shall present the final layout for j <br /> the project. The governing body shall give at least 30 days' ; <br /> notice of the public hearing. III <br /> (b) within 90 days from the date of the public hearing, the <br /> governing body shall approve or disapprove the final layout in <br /> writing, as follows: <br /> R <br /> (1) If the governing body approves the final layout or does <br /> not disapprove the final layout in writing within 90 days, in <br /> which case the final layout is deemed to be approved, the i <br /> commissioner may continue the project development. <br /> (2) If the final construction plans contain changes in <br /> access, traffic capacity, or acquisition of permanent <br /> right-of-way from the final layout approved by the governing <br /> body, the commissioner shall resubmit the portion of the final <br /> construction plans where changes were made to the governing body. <br /> The governing body must approve or disapprove the changes, in <br /> writing, within 60 days from the date the commissioner submits <br /> them. <br /> (3) If the governing body disapproves the final layout, the <br /> commissioner may make modifications requested by the <br /> municipality, decide not to proceed with the project, or refer <br /> the final layout to an appeal board. The appeal board shall <br /> consist of one member appointed by the commissioner, one member <br /> appointed by the governing body, and a third member agreed upon <br /> by both the commissioner and the governing body. If the <br /> commissioner and the governing body cannot agree upon the third <br /> member, the chief justice of the Supreme Court shall appoint a <br /> third member within 14 days of the request of the commissioner <br /> hq://www.revisor.leg.state.nm.us/stats/161/164.htm1 10/5/2005 <br />