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Municipal Consent <br /> HPDP 1 Scoping/Subject Guidance MnIDOT <br /> City Disapproval <br /> If a city disapproves the final layout, MnIDOT can stop the project(or scale it back so <br /> that municipal consent is no longer required), or Mn/DOT can take the project to the <br /> appeal process. <br /> If the city disapproves—but includes condition(s) for approval, MnIDOT has the above <br /> options plus the option of meeting the city's condition(s), and thus obtaining the city's <br /> approval. To do this, MnIDOT sends the city a letter to that effect with the layout <br /> attached (revised to show the change(s)). This completes the municipal consent <br /> process; Mn/DOT then has the city's approval_ (Sending the letter and revised layout is <br /> NOT a resubmittal for further consideration by the city). <br /> Appeal Process <br /> The appeal process is the same for interstate and non-interstate projects. However, <br /> the MnIDOT Commissioner is not bound by the recommendations of the appeal board <br /> with respect to interstate highways. <br /> If MnIDOT decides to go to the appeal process, the first step is to establish an Appeal <br /> Board of three members: one member appointed by the Commissioner, one member <br /> appointed by the City Council,and a third member agreed upon by both the <br /> Commissioner and the City Council. (If a third member cannot be agreed upon, the <br /> Commissioner refers the selection to the chief justice of the Supreme Court, who then <br /> has 14 days to appoint the third member). <br /> After the appeal board is established, the Commissioner refers the final layout to the <br /> Appeal Board. The Appeal Board then has 30 days to hold a hearing at which the <br /> Commissioner and the City Council may present their cases for or against approval of <br /> the layout. Within 60 days after the hearing, the Appeal Board must make its <br /> recommendation regarding the final layout. The recommendation can be: <br /> • for approval, or <br /> • for approval with modifications, or <br /> • for disapproval. <br /> The board can also make additional recommendations consistent with state and <br /> federal requirements as it deems appropriate. The board must submit a written report <br /> with its findings and recommendations to the Commissioner and the City Council. <br /> 4 of 5 <br />