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Municipal Consent <br />HPDP / Scoping /Subject Guidance Mn/DOT <br />City Disapproval <br />If a city disapproves the final layout, Mn/DOT 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, Mn/DOT 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, Mn/DOT 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 Mn/DOT Commissioner is not bound by the recommendations of the appeal board <br />with respect to interstate highways. <br />If Mn/DOT 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 />