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Subp. 18.Person."Person" means an individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. Examples include: A.a business or commercial enterprise organized as any type or combination of corporation, limited liability company, partnership, limited liability partnership, proprietorship, association, cooperative, joint venture, carrier or utility, and any successor or assignee of any of them; B.a social or charitable organization; and C.any type or combination of political subdivision, which includes the executive, judicial, or legislative branch of the state, a local government unit, or a combination of any of them. Subp. 19.Public right-of-way."Public right-of-way" has the meaning given it in Minnesota Statutes, section 237.162. Subp. 20.Restoration."Restoration" means the process by which an excavated public right-of-way and surrounding area, including pavement and foundation, is returned to the same condition that existed before excavation. Subp. 21.Right-of-way user."Right-of-way user" means: (1) a telecommunications right-of-way user as defined by Minnesota Statutes, section 237.162, subdivision 4; or (2) a person owning or controlling a facility in the public right-of-way that is used or is intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way. Subp. 22.Temporary surface."Temporary surface" means the compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the local government unit's two-year project plan, in which case it is considered full restoration. Subp. 23.Trench."Trench" means an excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. Subp. 24.Two-year project plan."Two-year project plan" shows projects adopted by the local government unit for construction within the next two years. Subp. 25.Utility service."Utility service" includes: (1) services provided by a public utility as defined in Minnesota Statutes, section 216B.02, subdivisions 4 and 6; (2) services of a telecommunications right-of-way user, including the transporting of voice or data information; (3) services provided by a cable communications system as defined in Minnesota Statutes, chapter 238; (4) natural gas or electric energy or telecommunications services provided by a local government unit; (5) services provided by a cooperative electric association organized under Minnesota Statutes, chapter 308A; and (6) water, sewer, steam, cooling, or heating services. Statutory Authority: MS s 237.163 History: 23 SR 2004 Published Electronically:November 14, 2003 Official Publication of the State of Minnesota Revisor of Statutes 4MINNESOTA RULES7819.0100