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the changes, to the governing body for its approval or <br />disapproval under section 7.61.164, subdivision 2. <br />Subd. 4. Action on disapproved final layout. (a) If, <br />within 60 days, the appeal board recommends disapproval of the <br />final layout, the commissioner may either: <br />(1) decide not to proceed with the project; or <br />(2) prepare final construction plans substantially similar <br />to the final layout referred to the appeal board, notify the <br />governing body and the appeal board, and proceed with the <br />project. Before proceeding with the project, the commissioner <br />shall file a written report with the governing body and the <br />appeal board stating fully the reasons for doing so. <br />(b) If the final construction plans contain changes in <br />access or traffic capacity or require additional acquisition of <br />permanent right -of -way from the final layout reviewed by the <br />appeal board or the governing body, the commissioner shall <br />resubmit the portion of the final construction plans that shows <br />the changes, to the governing body for its approval or <br />disapproval under section 161.164, subdivision 2. <br />Subd. 5. Final construction plans issued. The <br />commissioner shall send a complete set of final construction <br />plans to the municipality at least 45 days before the bid <br />opening for informational purposes. <br />HIST: 2001 c 191 s 6 <br />161.166 Commissioner action; other highways. <br />Subdivision 1. Applicability. This section applies <br />to trunk highways that are not interstate highways. <br />Subd. 2. Action on approved final layout. If the <br />appeal board recommends approval of the final layout or does not <br />submit its findings or recommendations within 60 days of the <br />hearing, in which case the the final layout is deemed approved, <br />the commissioner may prepare substantially similar final <br />construction plans and proceed with the project. If the final <br />construction plans change access or traffic capacity or require <br />additional acquisition of right -of -way from the final layout <br />approved by the appeal board, the commissioner shall submit the <br />portion of the final construction plan that shows the changes, <br />to the governing body for its approval or disapproval under <br />section 161.164, subdivision 2. <br />Subd. 3. Action on final layout approved with changes. <br />(a) If the appeal board approves the final layout with <br />modifications, the commissioner may: <br />(1) prepare final construction plans including the <br />modifications, notify the governing body, and proceed with the <br />project; <br />