(A) Registration. Each person who occupies, uses or seeks to occupy or use, the right-of-way or place any equipment or facilities in 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 agreeing to abide by this chapter, providing application information and paying a registration fee. Registration fees shall be set by resolution of the County Board and may be amended by the Board at a public meeting.
(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 rights of persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb, in an urban section of roadway. 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, and the county may remove such plantings, if necessary for maintenance, safety or construction purposes, with no compensation due the property owner. No plantings of any kind shall be allowed in the right-of-way on rural roadways.
(2) Private underground sprinkler and irrigation systems shall be allowed in the right-of-way by permit only, however owner and installers shall be exempt from registration. No compensation shall be made to owner if any sprinkler or irrigation system is required to be removed or if it is damaged by any county or municipal activity or by any permitted right-of-way activity.
(3) Persons installing turn and or bypass lanes shall be exempt from registration, however, an access permit is required.
(4) 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.
(5) Nothing herein relieves a person from complying with the provisions of the M.S. Ch. 216D, the Gopher State One Call Law, as it may be amended from time to time.
(Ord. 06-01, passed 4-4-2006) Penalty, see § 51.99