Mn DOT will apply current law each time a utility permit is requested or impacted by highway construction.
A utility owner shall abide by the current version of this policy and the requirements in the Utility Accommodation Section of the Mn DOT Utility Accommodation and Coordination Manual each time a permit is authorized.
When future changes are made to this policy, a utility owner is not required to modify an existing utility facility to meet the new version unless proposed changes to that facility require a new permit from Mn DOT.
Mn DOT may order the adjustment and relocation of the permitted facilities after permit approval, if necessary, to facilitate highway maintenance and construction.
This includes situations where a fundamental characteristic or usage of the highway or right of way, such as but not limited to highway type, control of access, and clear zone, is being changed even if the utility facility is not in conflict with construction.
All costs for constructing, maintaining, altering, and relocating the permitted facilities shall be the obligation of the utility owner, unless state law otherwise provides.
The accommodation of utility facilities on Minnesota trunk highway rights of way is addressed by federal and Minnesota statutes and rules.
While highway rights of way are a finite resource, it is in the public interest for utility facilities to be accommodated on the rights of way of trunk highways and local roads and streets receiving federal aid when such use and occupancy of the right of way does not interfere with the free and safe flow of traffic, does not impair the highway or its protected visual quality, does not conflict with any provision of federal, state, or local law, rule, or regulation, or does not unreasonably increase the difficulty or future cost of highway construction or maintenance.