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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 />