2025 Session Last amended: 2004 session

§ 161.434 — Interstate and Trunk Highway Rights-of-way; Limited Use

Plain-Language Summary

The Commissioner of Transportation may allow limited use of interstate and trunk highway right-of-way land for highway-related purposes, including landscaping and aesthetic improvements, but permanent buildings may not be erected on the right-of-way (except travel information structures permitted under other law). Federal agency approval must be obtained when required.

161.434 INTERSTATE AND TRUNK HIGHWAY RIGHTS-OF-WAY; LIMITED USE.

The commissioner may also make such arrangements and agreements as the commissioner deems necessary in the public interest for the limited use of land owned as interstate or trunk highway right-of-way, which use shall be for highway purposes, including aesthetic purposes, but not including the erection of permanent buildings, except buildings or structures erected for the purpose of providing information to travelers through commercial and public service advertising pursuant to agreements as provided in sections 160.272 to 160.276. The commissioner shall secure the approval of the appropriate federal agency where such approval is required.

History:

1967 c 659 s 1; 1969 c 482 s 1; 1980 c 494 s 8; 1986 c 444; 2004 c 295 art 2 s 13,15

History: History: 1967 c 659 s 1; 1969 c 482 s 1; 1980 c 494 s 8; 1986 c 444; 2004 c 295 art 2 s 13,15

Practical Notes

Highway right-of-way can be used for beautification projects, utility crossings, or other highway-related purposes under a limited use agreement with the commissioner. Permanent buildings are prohibited on the right-of-way to preserve future highway flexibility. Any agreement for use of federally funded highway right-of-way must comply with federal regulations and may require approval from the Federal Highway Administration.

Source: Minnesota Office of the Revisor of Statutes