Laserfiche WebLink
Municipal Consent <br /> HPDP/Scoping/Subject Guidance Mn/DOT <br /> 4. If city disapproves, Mn/DOT decides whether to: <br /> a. Meet city's condition(s), assuming city approved with conditions: <br /> Mn/DOT writes city a letter indicating this and attaches revised layout with <br /> change(s). This ends the MC process. <br /> b. Go to the appeal process. <br /> c. Stop the project (do not build the project, or scale project down so that municipal <br /> consent is no longer required). <br /> 5. If in the final plan Mn/DOT alters access, capacity or R/W, Mn/DOT must re-submit <br /> changed portion of plan for city's approval. (The city is not required to hold another <br /> public hearing and has 60 days to approve or disapprove). <br /> City Approval <br /> The city can approve either by a formal approval resolution (see generic resolution in <br /> Appendix), or by not passing a resolution disapproving the layout within 90 days of the <br /> public hearing. <br /> The city's review—with regards to layout approval —is limited to the project elements <br /> in the final layout that are within the boundaries of that city. A city cannot impose a <br /> condition on its approval that is outside of the city's boundaries. <br /> The process allows the city one opportunity to exercise approval or disapproval of the <br /> final layout (unless Mn/DOT alters the plan with regards to access, capacity, or <br /> right-of-way). Once a city approves the layout, it cannot rescind its approval later. If a <br /> city disapproves with conditions, and if Mn/DOT agrees to meet those conditions—and <br /> notifies the city in writing (including copy of revised layout)—then municipal consent <br /> has been obtained. <br /> The municipal consent statute applies to changes on "any route on the trunk highway <br /> system lying within any municipality." If a T.H. borders a city and no section of the T.H. <br /> is completely within the city limits, municipal consent is still required for any of the <br /> designated changes (access, capacity, or right-of-way)that do occur within that city. <br /> However, if the changes triggering the municipal consent process are on the other side <br /> of the T.H. —and thus outside the city's limits—then municipal consent is not required <br /> from that city and is not requested from that city. <br /> 3of5 <br />