Minnesota State Highway Right-of-Way (3-MN-c)
State Highway Right-of-Way Process
3-MN-c.1 – Utility Permit Application
A developer must submit a Utility Accommodation Permit Application (“Application”) to MNDOT to construct a transmission line in a state highway right-of-way. A separate Application must be submitted for each highway involved. Each Application must be completed and signed at the bottom. The developer submits the original copies of the Applications to MNDOT’s Utility Permits Unit.
The Application must include two (2) sketches of the location of the project that includes pertinent features such as:
- The right-of-way lines;
- Curb lines;
- Highway center line;
- Other utilities within the construction area;
- Any tree trimming or clearing requirements; and
- If the project is going to be aerial (above ground), blow out zone information.
3-MN-c.2 to 3-MN-c.3 – Review Application Materials for Completeness
MNDOT reviews the Application for administrative and technical completeness. If the Application is incomplete, MNDOT returns the Application to the developer.
3-MN-c.4 – Review and Assess Application
MNDOT reviews the Application and assesses the proposal in order to decide their granting or denying the Permit. Minn. Stat. § 161.45(1). MNDOT estimates this process to take between four (4) and six (6) weeks depending on factors such as MNDOT's current workload and the nature of the Application.
3-MN-c.5 – Does MNDOT Approve the Proposal?
After MNDOT reviews the Application, MNDOT decides whether the proposal should be granted. MNDOT has complete discretion in deciding whether the proposal should be approved or not. Minn. Stat. § 161.45(1).
3-MN-c.6 to 3-MN-c.8 – Does MNDOT Require a Security Deposit or Bond?
If MNDOT approves of the proposal, MNDOT may require the developer to pay a deposit, surety bond or corporate undertaking in favor of the state of Minnesota. This payment covers any expenses incurred by the state in repairing damage to the highway right-of-way caused by the developer, including engineering supervision and inspection expenses. The amount of payment is specified in the Permit, and any excess payment not used by the state, is returned to the developer at the end of construction. Minn. Admin. Code § 8810.3300(5).
If MNDOT requires a security deposit, bond or corporate undertaking that the developer agrees with, the developer must pay that expense before a Permit will be issued. If the expense is in the form of a deposit, the developer must deliver it via certified check to MNDOT. Minn. Admin. Code § 8810.3300(5).
3-MN-c.9 – Utility Permit
Upon MNDOT approval of the proposal and developer payment (if necessary), MNDOT issues a Permit to the developer that allows the developer to construct utility lines within the designated highway right-of-way. Minn. Admin. Code § 8810.3300.
- Along an interstate highway:
- It must be located outside of the control-of-access lines, except under certain circumstances. If the control-of-access lines and right-of-way lines coincide, the transmission line is usually located on private property. If the control-of-access lines and right-of-way lines do not coincide, the transmission line is usually located in the area between them. Minn Admin. Code § 8810.3300(4).
- Along an interstate highway:
- The developer must access the transmission lines through traffic roadbeds, without using the highway ramps or loops. The developer may use other roads to access the transmission lines, provided those roads aren’t another interstate highway. Minn Admin. Code § 8810.3300(4).
- Aerial lines:
- Must be single pole lines unless MNDOT authorizes otherwise in the Permit. Minn Admin. Code § 8810.3500. If the aerial lines are located along an interstate highway, they must be at least thirty (30) feet beyond the shoulder of the road, and cannot be placed in the median unless that median is at least eighty (80) feet in width. Minn Admin. Code § 8810.3300(4).
- Underground transmission lines:
- Must be constructed in a way that maintenance of said lines will not disturb the roadbed. It must also be constructed with the materials and to the specifications provided in Minn. Admin. Code § 8810.3600.
During construction, the developer must keep all waterways and lines of drainage open. Minn. Admin. Code § 8810.3400(2). The developer must also put up appropriate warning signs during all phases of the construction. Minn. Admin. Code § 8810.3400(5). The developer must get prior approval before trimming or removing any trees along the right-of-way. Minn. Admin. Code § 8810.3400(1). At the end of construction, the developer must restore the right-of-way to its original condition, and MNDOT will inspect the restoration to ensure it is acceptable. Minn. Admin. Code § 8810.3400(6).
MNDOT retains the authority to order the developer to make any improvements to the transmission line, as MNDOT deems necessary. If MNDOT makes such a determination, MNDOT notifies the developer in writing, and the developer has 15 days after receiving the notice to begin working on the improvement. All costs of the improvement are borne by the developer. Minn Admin. Code § 8810.3300(3).
3-MN-c.10 – Appeal Decision
If the developer or a member of the public is aggrieved by MNDOT’s decision, that person may appeal the agency’s decision. In order to obtain a judicial review of the decision, the aggrieved party must file a petition for a writ of certiorari with the state Court of Appeals and serve notice to all parties no more than 30 days after the final decision and order of MNDOT. Minn. Stat. § 14.63.
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