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Permit fees must be allocated in a competitively neutral manner and must be imposed in a manner so that aboveground uses of public rights-of-way do not bear costs incurred by the local government unit to regulate underground uses of public rights-of-way. Subp. 3.Delay penalty.A local government unit may establish and impose a reasonable penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty must be established from time to time by resolution of the local government unit's governing body. A delay penalty must not be imposed if the delay in project completion is due to circumstances beyond the control of the applicant, including without limitation inclement weather, acts of God, or civil strife. Statutory Authority: MS s 237.163 History: 23 SR 2004 Published Electronically:November 14, 2003 7819.1100 RESTORATION OF RIGHT-OF-WAY. Subpart 1.Restoration standards.Restoration must return the right-of-way to the same condition that existed before excavation. Subject to this standard, plates 1 to 13, shown in parts 7819.9900 to 7819.9950, indicate maximum limits of restoration methods and area requirements the local government unit can impose when a right-of-way user excavates in the public right-of-way. The local government unit and right-of-way user may agree to a lesser requirement. The right-of-way user is responsible for all of its work done in the public right-of-way, whether by employees, agents, or independent contractors. Subp. 2.Levels of restoration.All levels of restoration include compaction of the materials placed in the excavation of the subgrade and aggregate base, plus pavement replacement, in kind. If required by the local government unit, all work must be performed according to the local government unit's specifications and drawings. Subp. 3.Degradation fee.A right-of-way user may elect to pay a degradation fee in lieu of restoration. However, the right-of-way user shall remain responsible for replacing and compacting the subgrade and aggregate base material in the excavation and the degradation fee must not include the cost to accomplish these responsibilities. Statutory Authority: MS s 237.163 History: 23 SR 2004 Published Electronically:November 14, 2003 7819.1200 NOTICE. Subpart 1.Requirement.Except in the case of an emergency, before initiating excavation in a public right-of-way, obstruction of a public right-of-way for more than two hours, or obstruction of more than one lane of traffic, the right-of-way user shall notify the local government unit in writing. The information in the notice must include the name, address, and telephone number of Official Publication of the State of Minnesota Revisor of Statutes 6MINNESOTA RULES7819.1000