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161.165, 2013 Minnesota Statutes Page 1 of 1 <br /> 2013 Minnesota Statutes <br /> 161,165 COMMISSIONER ACTION; INTERSTATE HIGHWAYS. <br /> Subdivision 1. Applicability.This section applies to interstate highways. <br /> Subd. 2,Action on approved final layout.(a)If the appeal board recommends <br /> approval of the final layout or does not submit its findings and recommendations within 60 <br /> days of the hearing, in which case the final layout is deemed approved, the commissioner <br /> may prepare substantially similar final construction plans and proceed with the project.. <br /> (b) If the final construction plans change access,traffic capacity,or acquisition of <br /> permanent right-of-way from the final layout approved by the appeal board, the <br /> commissioner shall submit the portion of ti►e final construction plans that shows the <br /> changes, to the governing body for its approval or disapproval under section.161.164, <br /> subdivision 2. <br /> Subd. 3.Action on final layout approved with changes.(a)If, within 60 days,the <br /> appeal board recommends approval of the final layout with modifications, the <br /> conunissioner may: <br /> (1) prepare final construction plans with the recommended modifications,notify the <br /> governing body,and proceed with the project; <br /> (2)decide not to proceed with the project; or <br /> (3)prepare final construction plans substantially similar to the final layout referred to <br /> the appeal board,and proceed with the project.The conunissioner shall, before proceeding <br /> with the project, file a written report with the governing body and the appeal board stating <br /> filly the reasons for doing so. <br /> (b)If the final construction plans contain changes in access or traffic capacity or <br /> require additional acquisition of permanent right-of-way from the final layout reviewed by <br /> the appeal board or the governing body, the commissioner sliall resubmit the portion of the <br /> final construction plans that shows the changes, to the governing body for its approval or <br /> disapproval under section 161.164 subdivision 2. <br /> Subd. 4. Action on disapproved final layout.(a)If,within 60 days,the appeal board <br /> recommends disapproval of the final layout,the commissioner may either: <br /> (1)decide not to proceed with the project;or <br /> (2)prepare final construction plans substantially similar to the final layout referred to <br /> the appeal board,notify the governing body and the appeal board, and proceed with the <br /> project. Before proceeding with the project,the commissioner shall file a written report <br /> with the governing body and the appeal board stating fully the reasons for doing so, <br /> (b) If the final construction plans contain changes in access or traffic capacity or <br /> require additional acquisition of permanent right-of-way from the final layout reviewed by <br /> the appeal board or tl►e governing body,the commissioner shall resubmit the portion of the <br /> final construction plans that shows the changes,to the governing body for its approval or <br /> disapproval under section 161.164, subdivision 2. <br /> Subd. 5.Final construction plans issued.The commissioner shall send a complete set <br /> of final construction plans to the municipality at least 45 days before the bid opening for <br /> informational purposes. <br /> History: 2001 c 191 s 6 <br /> CoWr€ h� 2013 by the Office of the Revisor of Statutes, State of Minnesota. Ail rights reserved, <br /> https://www.revisor.mn.gov/statutes/?id=161.165 8/11/2014 <br />