CHAPTER 95:  RIGHT-OF-WAY MANAGEMENT
Section
General Provisions
   95.01   Findings, purpose, and intent
   95.02   Election to manage the public rights-of-way
   95.03   Definitions
Administration
   95.15   Administration
   95.16   Utility Coordination Committee
   95.17   Registration and right-of-way occupancy
   95.18   Registration information
   95.19   Reporting obligations
Permits
   95.30   Permit requirement
   95.31   Permit applications
   95.32   Issuance of permit; conditions
   95.33   Action on small wireless facility permit applications
   95.34   Permit fees
   95.35   Right-of-way patching and restoring
   95.36   Joint application
   95.37   Supplemental applications
   95.38   Other obligations
   95.39   Denial or revocation of permit
   95.40   Installation requirements
   95.41   Inspection
   95.42   Work done without a permit
   95.43   Supplementary notification
   95.44   Revocation of permits
   95.45   Mapping data
   95.46   Location and relocation of facilities
   95.47   Pre-excavation facility and facilities location
   95.48   Damage to other facilities
   95.49   Right-of-way vacation
   95.50   Indemnification and liability
   95.51   Abandoned and unusable facilities
   95.52   Appeal
   95.53   Reservation of regulatory and police powers
   95.54   Severability
GENERAL PROVISIONS
§ 95.01  FINDINGS, PURPOSE, AND INTENT.
   (A)   To provide for the health, safety, and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights of way, the city strives to keep its rights of way in a state of good repair and free from unnecessary encumbrances.
   (B)   Accordingly, the city hereby enacts this new 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. It is intended to complement the regulatory roles of state and federal agencies. Under this chapter, persons excavating and obstructing the 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 2017 Minn. Laws, Ch. 94, Art. 9, amending the Act, and the other laws governing applicable rights of the city and users of the right-of-way. This chapter shall also be interpreted consistent with Minn. Rules Parts 7819.0050-7819.9950 and Minn. Rules, Chapter 7560 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 city to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public.
(Prior Code, § 48-1)  (Ord. 299, passed 5-11-1999; Am. Ord. 579, passed 1-9-2018)
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