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Model Right -of -Way Ordinance <br />Summary <br />This revision of the model right -of -way ordinance modifies previous versions (most recently, the <br />1999 version) by adding provisions enforcing new city obligations to "mark and locate" utility <br />service laterals located in the public right -of -way. (New provisions are identified in the <br />ordinance by double underline.) The new obligations result from the adoption of new Minnesota <br />Office of Pipeline Safety rules in the summer of 2005. <br />This revision is a collaborative effort between the League and Jim Strommen of the Kennedy & <br />Graven law firm, on behalf of the Suburban Rate Authority. <br />Cities should also be aware that since its original development in the late 1990s, particular cities <br />have adopted modified versions of this model ordinance to meet the unique needs and <br />circumstances of their individual communities. Those modified versions may have also been <br />influenced by the results of negotiations with representatives of the utility industry. <br />As an appendix to this document, we have included several pieces of information that we hope <br />will make the task of right -of -way management easier. Included in the appendix are: <br />1. A short form of the ordinance for those communities that want to do less <br />extensive right -of -way management. <br />2. A discussion and sample ordinance provision establishing fees. <br />3. A summary form of the ordinance for those cities wishing to publish a summary <br />as provided by Minn. Stat. 412.191, subd. 4 or by city charter. <br />4. A model undergrounding ordinance. <br />5. The Minnesota Public Utilities Commission's Public Rights -of -Way Standards <br />rules. <br />6. The Minnesota Office of Pipeline Safety Excavation Notice System rules. <br />Questions or Information: <br />Tom Grundhoefer, General Counsel, LMC <br />Ann Higgins, Intergovernmental Relations Rep., LMC <br />