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to determine priority and programming of trunk highway projects. <br />HIST: 2001 c 191 s 4 <br />161.164 Final layout approval process. <br />Subdivision 1. Submission of final layout. Before <br />proceeding with the construction, reconstruction, or improvement <br />of any route on the trunk highway system lying within any <br />municipality, the commissioner shall submit to its governing <br />body a final layout and project report covering the purpose, <br />route location, and proposed design of the highway. The final <br />layout must be submitted as part of a report containing any <br />supporting data that the commissioner deems helpful to the <br />governing body in reviewing the final layout submitted. The <br />supporting data must include a good faith cost estimate of all <br />the costs in which the governing body is expected to <br />participate. The final layout must be submitted before final <br />decisions are reached so that meaningful early input can be <br />obtained from the municipality. <br />Subd. 2. Governing body action. (a) Within 15 days <br />of receiving a final layout from the commissioner, the governing <br />body shall schedule a public hearing on the final layout. The <br />governing body shall, within 60 days of receiving a final layout <br />from the commissioner, conduct a public hearing at which the <br />department of transportation shall present the final layout for <br />the project. The governing body shall give at least 30 days' <br />notice of the public hearing. <br />(b) Within 90 days from the date of the public hearing, the <br />governing body shall approve or disapprove the final layout in <br />writing, as follows: <br />(1) If the governing body approves the final layout or does <br />not disapprove the final layout in writing within 90 days, in <br />which case the final layout is deemed to be approved, the <br />commissioner may continue the project development. <br />(2) If the final construction plans contain changes in <br />access, traffic capacity, or acquisition of permanent <br />right -of -way from the final layout approved by the governing <br />body, the commissioner shall resubmit the portion of the final <br />construction plans where changes were made to the governing body. <br />The governing body must approve or disapprove the changes, in <br />writing, within 60 days from the date the commissioner submits <br />them. <br />(3) If the governing body disapproves the final layout, the <br />commissioner may make modifications requested by the <br />municipality, decide not to proceed with the project, or refer <br />the final layout to an appeal board. The appeal board shall <br />consist of one member appointed by the commissioner, one member <br />appointed by the governing body, and a third member agreed upon <br />by both the commissioner and the governing body. If the <br />commissioner and the governing body cannot agree upon the third <br />member, the chief justice of the supreme court shall appoint a <br />9 <br />