(A) To provide for health, safety and welfare of its citizens, and to ensure the integrity of its roads and streets and the appropriate use of the rights-of-way, the county strives to keep its right-of-way in a state of good repair and free from unnecessary encumbrances.
(B) (1) Accordingly, the county hereby enacts this new ordinance relating to right-of-way permits and administration. This chapter imposes regulation on the placement and maintenance of facilities and equipment currently within its right-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 right-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 right-of-way.
(2) Regulation of driveways and accesses to county roads is pursuant to the County Highway Department access policy, and is not dealt with in this chapter.
(C) (1) This chapter shall be interpreted consistently with 1997 Session Laws, Ch. 123, substantially codified in M.S. §§ 237.16, 237.162, 237.163, 237.79, 237.81 and 238.086 (the “Act”), as they may be amended from time to time, and the other laws governing applicable rights of the county and users of the right-of-way. This chapter shall also be interpreted consistently with Minn. Rules parts 7819.0050 through 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.
(2) 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. 06-01, passed 4-4-2006)