(A) Registration. Each person who occupies or uses, or seeks to occupy or use the right-of- way, or place any equipment or facilities in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease, or assignment, must register with the county. Registration will consist of providing application information and paying a registration fee.
(B) Registration prior to work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof, in any right-of-way without first being registered with the county.
(C) Exceptions.
(1) Nothing herein shall be construed to repeal or amend the provisions of a county ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this chapter. However, plantings must not violate applicable clear zone requirements nor obstruct visibility on the roadway, nor affect the drainage of the roadway watershed, nor cause erosion in the right-of-way, and the county may remove such plantings, if necessary for maintenance, safety, or construction purposes, with no compensation due the property owner.
(2) Irrigation systems shall be allowed in the right-of-way without a permit and installers shall be exempt from registration, provided the irrigation systems are managed properly and do not cause erosion in the right-of-way. There shall be no compensation for removal necessary for any permitted utility project. No compensation shall be paid for any irrigation system if removal is required or if it is damaged by any county or municipal activity or by any permitted utility activity.
(3) Resident owned sewer and water service lines to a city main and resident owned drain tile lines shall not be required to register, unless requested by the county, but shall be required to obtain permits for excavation and obstruction.
(D) Nothing herein relieves a person from complying with the provisions of M.S. Chapter 216D, the Gopher State One-Call Law.
(E) Government agencies and non-profit organizations are exempt from registration, but are required to obtain the appropriate right-of-way permit.
(Ord. 91-2019, passed 2-5-19)