§ 152.036 ACCESS REQUIREMENTS.
   (A)   Relation to road authority. Nothing in this chapter shall abrogate the ability of a road authority to approve, deny, or require modification of an access, require a permit for an access, develop and impose standards and conditions for an access. Approval by the Department of an access pursuant to this chapter shall not constitute approval by the road authority nor shall approval by the Department require that the road authority approve the access.
   (B)   Number of accesses limited. With the exception of field access drives, any principal use of land requiring access to a public road shall be limited to a single access connection. All parcels shall be limited to a single access, unless through the conditional, interim, or accessory use permitting process an additional access is supported by the operational plan and/or site plan, it is approved by the road authority, and it meets the standards of this chapter.
   (C)   Field access drives. A new or existing field entrance is exempt from the standards of this chapter provided all other permitting requirements of the road authority are met. An access connection to a farmstead, feedlot or farm-related structures are not considered a field entrance, and must comply with the standards of this chapter. If a different use for a property served by an existing field entrance is proposed, the presence of a field entrance shall not be construed as a right to continue that access connection. When the use of the property changes to a nonexempt use, compliance with the standards of this chapter shall be required, which shall include compliance with access permit requirements.
   (D)   Access to state highways.
      (1)   All new driveways for residential, commercial or zoning permits shall be constructed in accordance with State of Minnesota adopted standards and policy, per Minnesota Department of Transportation (MnDOT) regulations.
      (2)   Authorization to construct or alter an access to a state highway shall consist of a permit signed by the MnDOT Engineer or authorized representative. No access shall be constructed or altered to a state highway until such permit has been obtained.
      (3)   All existing driveway or field access locations may be modified, closed or altered as a conditional approval for any plat approval, zoning permit, grading permit or building permit issued by the county.
      (4)   Turn and/or by-pass lanes may be required as a condition of approval for certain traffic generating land uses (i.e. permitted, conditional or interim use) as determined by the MnDOT Engineer or authorized representative.
   (E)   Access to county roads.
      (1)   All new driveways for residential, commercial or zoning permits shall be constructed in accordance with county adopted standards and policy.
      (2)   Prior to submitting a subdivision application, the applicant shall demonstrate access to the parcel.
         (a)   If the proposed access is on a county road an approved access permit is required prior to subdivision approval.
         (b)   If the proposed access is a shared access on a county road an approved access permit is required prior to subdivision approval.
         (c)   For shared access locations an easement needs to be recorded on all properties, where applicable.
      (3)   Authorization to construct or alter an access to a county road shall consist of a permit signed by the County Engineer or authorized representative. No access shall be constructed or altered to a county road until such permit has been obtained.
      (4)   All existing driveway or field access locations may be modified, closed or altered as a conditional approval for any plat approval, zoning permit, grading permit or building permit issued by the county.
      (5)   Turn and/or by-pass lanes may be required as a condition of approval for certain traffic generating land uses (i.e. permitted, conditional or interim use) as determined by the County Engineer or authorized representative.
   (F)   Access to township roads. All private accesses to a public road other than field access drives shall meet a 100-foot access separation. The separation standards shall apply to the side of the road where the access is located. In cases where the road frontage of a lot of record is insufficient to permit adequate separation, an access not meeting the standards may be permitted. The access shall be located as required by the road authority; if the road authority has no preference the access shall be located as far as possible from accesses on either side.
      (1)   Authorization to construct or alter a driveway on a township road shall consist of a permit signed by a representative of the Town Board.
      (2)   Driveways shall be constructed in accordance with township standards.
      (3)   No driveway shall be constructed to a township road until such permit has been obtained.
   (G)   Accesses near intersections. In addition to the required minimum lot area and dimensions contained in this chapter, all corner lots shall be of adequate dimension to accommodate corner clearances specified below. When a private access is requested near the intersection of two roads the following shall apply:
      (1)   For a county road and a township road, access on the township road shall be at least 1/8 mile (660 ft.) From the intersection of the county road and shall not be located within any turn lane serving the county road intersection.
      (2)   For two township roads, on the road of higher classification, the access shall be no closer than 300 feet from the center of the proposed access to the center of the intersecting public road;
      (3)   For two township roads, on the road of lower classification, the access shall be no closer than 150 feet from the center of the proposed access to the center of the intersecting public road;
      (4)   At an intersection of two roads with the same functional classification, the road with the higher traffic volume shall be considered the road of higher classification;
      (5)   Accesses shall not be located within any turn lane or bypass lane.
(Ord. 47, passed 7-23-02; Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 80-2015, passed 6-16-15; Am. Ord. 97-2021, passed 7-20-21)