(A) Placement, location, and relocation. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minn. Rules Parts 7819.3100, 7819.5000, and 7819.5100, to the extent the rules do not limit authority otherwise available to cities.
(B) Corridors.
(1) The county may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is, or, pursuant to current technology, the county expects will someday be, located within the right-of-way. All excavation, obstruction, or other permits issued by the county involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue.
(2) Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the county shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the county for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs, and hardship to the registrant.
(C) Nuisance. One year after the passage of this chapter, any facilities found in a right-of- way that have not been registered shall be deemed to be a nuisance. The county may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition.
(D) Limitation of space. To protect public health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the county shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the county shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future county plans for public improvements and development projects which have been determined to be in the public interest.
(E) Relocation of existing facilities.
(1) A right-of-way user shall promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right-of-way when it is necessary to prevent interference, and not merely for the convenience of the local government unit, in connection with:
(a) A present or future local government use of the right-of-way for a public project;
(b) The public health or safety; or
(c) The safety and convenience of travel over the right-of-way.
(2) A right-of-way user is not required to remove or relocate its facilities from a right-of-way that has been vacated in favor of a nongovernmental entity unless and until the reasonable costs to do so are first paid to the right-of-way user.
(Ord. 91-2019, passed 2-5-19)