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161.165, 2013 Minnesota Statutes <br />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 the 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 />Copyright 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 />