(A) To provide for the health, safety, and welfare of its citizens, and to ensure the integrity of its highways and the appropriate use of the public rights-of-way, the county strives to keep its rights- of-way in a state of good repair and free from unnecessary encumbrances.
(B) Accordingly, the county hereby enacts this chapter of this code relating to right-of-way permits and administration. This chapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights-of-way, or to be placed therein at some future time. This chapter is intended to complement the regulatory roles of federal and state agencies. Under this chapter, persons excavating and obstructing the public rights-of-way will bear financial responsibility for their work. Finally, this chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way.
(C) This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in M.S. §§ 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and the other laws governing applicable rights of the county and users of the rights-of-way. This chapter shall also be interpreted consistent with Minn. Rules Parts 7819.0050 to 7819.9950 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and police powers of the county to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public.
(Ord. 91-2019, passed 2-5-19)