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#05 - Right of Way Management
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#05 - Right of Way Management
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8/19/2025 2:35:06 PM
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Right of Way Management <br />September 10, 2024 <br />Page 2 <br /> <br />Restoration cost means an amount of money paid to the city by a permittee to achieve <br />the level of restoration according to plates 1 to 13 of the state public utilities <br />commission rules. <br /> <br />Restore or restoration means the process by which an excavated right-of-way and <br />surrounding area, including pavement and foundation, is returned to the same condition <br />and life expectancy that existed before excavation. <br /> <br />Section 9.20.160 Right-Of-Way Patching And Restoration <br /> <br />(c) Standards. The permittee shall perform excavation, backfilling, patching, and restoration <br />according to the standards and with the materials specified by the city and shall comply <br />with Minn. R. part 7819.1100. The city shall have the authority to prescribe the manner and <br />extent of the restoration, and may do so in written procedures of general application or on a <br />case-by-case basis. The city, in exercising this authority, shall be guided by the following <br />standards and considerations: <br />(1) The number, size, depth, and duration of the excavations, disruptions, or <br />damage to the right-of-way; <br />(2) The traffic volume carried by the right-of-way; <br />(3) The character of the neighborhood surrounding the right-of-way; <br />(4) The pre-excavation condition of the right-of-way; <br />(5) The remaining life-expectancy of the right-of-way affected by the <br />excavation; <br />(6) Whether the relative cost of the method of restoration to the permittee is in <br />reasonable balance with the prevention of an accelerated depreciation of <br />the right-of-way that would otherwise result from the excavation, <br />disturbance, or damage to the right-of-way; and <br />(7) The likelihood that the particular method or restoration would be effective in <br />slowing the depreciation of the right-of-way that would otherwise take <br />place. <br /> <br />MN Rules Part 7819.1100 <br />Subpart 1. Restoration standards. Restoration must return the right-of-way to the same <br />condition that existed before excavation. Subject to this standard, plates 1 to 13, shown <br />in parts 7819.9900 to 7819.9950, indicate maximum limits of restoration methods and <br />area requirements the local government unit can impose when a right-of-way user <br />excavates in the public right-of-way. The local government unit and right-of-way user <br />may agree to a lesser requirement. <br /> <br />The right-of-way user is responsible for all of its work done in the public right-of-way, <br />whether by employees, agents, or independent contractors. <br /> <br />Subp. 2. Levels of restoration. All levels of restoration include compaction of the <br />materials placed in the excavation of the subgrade and aggregate base, plus pavement
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