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J.For purposes of this part:​ <br />(1)an "urban town" is a town described in Minnesota Statutes, section 368.01,​ <br />subdivision 1 or 1a;​ <br />(2)an "urban county" is Anoka, Carver, Dakota, Hennepin, Ramsey, St. Louis, Scott,​ <br />or Washington county; and​ <br />(3)an "urban service area" is an unincorporated area within two miles of the corporate​ <br />limits of a city, over which a joint planning board is authorized to exercise planning and land use​ <br />control under Minnesota Statutes, section 462.3585.​ <br />Subp. 2.Locating, marking, or exposing facility.If a telecommunications facility owner is​ <br />unable to locate its underground facility as required under Minnesota Statutes, section 216D.04, it​ <br />must expose the facility so that it can be located.​ <br />Statutory Authority: MS s 237.163​ <br />History: 23 SR 2004; L 2007 c 140 art 5 s 32; art 13 s 4​ <br />Published Electronically:November 14, 2003​ <br />7819.5100 CONSTRUCTION AND LOCATION REQUIREMENTS.​ <br />Subpart 1.Installation requirements for telecommunications facility.The installation of a​ <br />telecommunications facility in the right-of-way must be done in conformance with part 7819.5000.​ <br />Subp. 2.Installation requirements for gas or electric facility.The installation requirements​ <br />for an electric facility must comply with the construction standards established by the National​ <br />Electrical Safety Code as directed by the Minnesota Electrical Act, Minnesota Statutes, sections​ <br />326.241 to 326.448, or any superseding authority. The installation requirements for a gas facility​ <br />must comply with the construction standards established by Code of Federal Regulations, title 47,​ <br />parts 191, 192, 193, and 199, as directed by Minnesota Statutes, section 299F.57, or any superseding​ <br />legal authority.​ <br />Subp. 3.Location of facility.Placement of a facility in a particular location within the​ <br />right-of-way must take into account the current and anticipated uses of the right-of-way and the​ <br />distinct engineering, construction, operation, and maintenance characteristics of each type of use.​ <br />Subp. 4.Access to nontraveled portion of right-of-way.A local government unit shall not​ <br />unreasonably prohibit the placement of a facility in the nontraveled portion of the right-of-way.​ <br />The traveled portion of the right-of-way includes the shoulder of the road or highway.​ <br />Statutory Authority: MS s 237.163​ <br />History: 23 SR 2004​ <br />Published Electronically:November 14, 2003​ <br />Official Publication of the State of Minnesota​ <br />Revisor of Statutes​ <br />7819.5100​MINNESOTA RULES​13​