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right-of-way user may address the reasons for denial identified by the city and resubmit its application. If the application is resubmitted within 30 days of receipt of the notice of denial, no additional application fee shall be imposed. The city must approve or deny the resubmitted application within 30 days after submission..Note: Minn. Stat. § 237.163, Subds. 4(c) and 5(f). (C) Mandatory denial. Except in the case of an emergency, no right-of-way permit will be granted: (1) To any person required by § 96.06 to be registered who has not done so; (2) To any person required by § 96.10 to file an annual report but has failed to do so; (3) For any next-year project not listed in the construction and major maintenance plan required under § 96.08 unless the person used commercially reasonable efforts to anticipate and plan for the project; (4) For any project which requires the excavation of any portion of a right-of-way which was constructed or reconstructed within the preceding 5 years; (5) To any person who has failed within the past 3 years to comply, or is presently not in full compliance, with the requirements of the section; (6) To any person as whom there exists grounds for the revocation of a permit under § 96.24 (7) If, in the sole discretion of the city, the issuance of a permit for the particular date and/or time would cause a conflict to interfere with an exhibition, celebration, festival, or any other event. The city, in exercising this discretion, shall be guided by the safety and convenience of ordinary travel of the public over the right-of-way, and by considerations relating to the public health, safety, and welfare. (D) Permissive denial. The city may deny a permit in order to protect the public health, safety, and welfare, to prevent interference with the safety and convenience of ordinary travel over the right- of-way, or when necessary to protect the right-of-way and its users. The city may consider 1 or more of the following factors: (1) The extent to which right-of-way space where the permit is sought is available; (2) The competing demands for the particular space in the right-of-way; (3) The availability of other locations in the right-of-way or in other rights-of-way equipment of the permit applicants; (4) The applicability of ordinance or other regulations of the right-of-way that affect location of equipment in the right-of-way; (5) The degree of compliance of the applicant with the terms and conditions of its franchise, if any, this chapter, and other applicable ordinances and regulations; (6) The degree of disruption to surrounding communities and businesses that will result from the use of that part of the right-of-way; (7) The condition and age of the right-of-way, and whether and when it is scheduled for