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SF4598 • 2026
Requirements relating to design standards and variances in certain transportation projects modification
Requirements relating to design standards and variances in certain transportation projects modification
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-03-18
House
Introduction and first reading
Official Summary Text
Requirements relating to design standards and variances in certain transportation projects modification
Current Bill Text
Read the full stored bill text
A bill for an act relating to transportation; modifying requirements relating to design standards and variances in certain transportation projects; requiring a report; amending Minnesota Statutes 2024, sections 162.02, subdivision 3a, by adding subdivisions; 162.09, subdivision 3a, by adding subdivisions; 162.155; proposing coding for new law in Minnesota Statutes, chapter 162. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2024, section 162.02, is amended by adding a subdivision to read: new text begin Subd. 1a. new text end new text begin State-aid standards. new text end new text begin Design and engineering standards for all new construction, reconstruction, rehabilitation, or resurfacing county state-aid projects approved by the state-aid engineer are determined and set by the most recent edition of the Facility Design Guide or successor document established by the commissioner. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026, for county state-aid roadway projects on or after that date. new text end Sec. 2. Minnesota Statutes 2024, section 162.02, subdivision 3a, is amended to read: Subd. 3a. Variances from rules and engineering standards. (a) The commissioner may grant variances from the rules and from the engineering standards developed pursuant to section 162.021 or 162.07, subdivision 2 . A political subdivision in which a county state-aid highway is located or is proposed to be located may submit a written request to the commissioner for a variance for that highway. The commissioner deleted text begin shall deleted text end new text begin must new text end comply with section 174.75, subdivision 5 , in evaluating a variance request related to a complete streets project. (b) The commissioner may grant or deny the variance within 30 days of receiving the variance request. If the variance is denied, the political subdivision may request, within 30 days of receiving notice of denial, and deleted text begin shall deleted text end new text begin must new text end be granted a contested case hearing. new text begin The commissioner must use the criteria set forth in subdivision 3c to evaluate the variance request. new text end new text begin (c) If the commissioner denies a variance, the commissioner must notify the chairs and ranking minority members of the legislative committees with jurisdiction over transportation and provide justification for denying the variance within 30 days of notifying the political subdivision of the denial. The justification must include the commissioner's reasoning for the denial, the recommendation of the advisory committee on variances, and the reasoning used by the committee to approve or deny the variance. new text end deleted text begin (c) deleted text end new text begin (d) new text end For purposes of this subdivision, "political subdivision" includes (1) an agency of a political subdivision deleted text begin which deleted text end new text begin that new text end has jurisdiction over parks, and (2) a regional park authority. new text begin (e) The commissioner must give special consideration to proposed modifications for: new text end new text begin (1) narrowing lanes from 11 feet to ten feet for roadways in an urban or suburban context; new text end new text begin (2) designs allowed by current Department of Transportation trunk highway standards for roadways of similar context; new text end new text begin (3) a proposed design intended to increase the safety of nonmotorized transportation to and from a school; new text end new text begin (4) a proposed design intended to increase the safety of nonmotorized access to a transit corridor; new text end new text begin (5) any design element in a project funded by the safe routes to school program, except where specifically prohibited in the current Department of Transportation Facility Design Guide; or new text end new text begin (6) a variance request that specifically states the proposed design modification is based on the following alternative design manuals: new text end new text begin (i) the American Association of State Highway and Transportation Officials' (AASHTO) A Policy on Geometric Design of Highways and Streets or other AASHTO design guides formally recognized by the Federal Highway Administration; new text end new text begin (ii) the Institute of Transportation Engineers' Designing Walkable Urban Thoroughfares: A Context Sensitive Approach and Implementing Context Sensitive Design Handbook; new text end new text begin (iii) the National Association of City Transportation Officials' (NACTO) Urban Street Design Guide and other NACTO design guides formally recognized by the Federal Highway Administration; new text end new text begin (iv) the Global Designing Cities Initiative's (GDCI) Global Street Design Guide and Designing Streets for Kids supplement; or new text end new text begin (v) any other design guide recognized or approved by the Federal Highway Administration in United States Code, title 23, section 109(o)(B). new text end new text begin (f) Paragraph (e) does not apply to a natural preservation route established under section 162.021. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026, for county state-aid roadway projects on or after that date. new text end Sec. 3. Minnesota Statutes 2024, section 162.02, is amended by adding a subdivision to read: new text begin Subd. 3c. new text end new text begin Variance format. new text end new text begin To submit a formal request for a variance from applicable design standards under subdivision 1a, a political subdivision must submit a written request to the commissioner. The written request must be in the form of an adopted resolution. The request must: new text end new text begin (1) identify the project by location and termini; new text end new text begin (2) cite the specific part or standard for which the variance is requested from county state-aid design rules; new text end new text begin (3) describe the proposed modification and include technical information about the design, including: new text end new text begin (i) an index map; and new text end new text begin (ii) a typical section with an inplace section and a proposed section; new text end new text begin (4) describe the economic, social, safety, and environmental impacts that may result from the requested variance; new text end new text begin (5) identify the project's effectiveness in eliminating an existing and projected deficiency in the transportation system, including identifying and citing whether the existing roadway's design meets a recognized or approved Federal Highway Administration design guide standard for a similar road context; new text end new text begin (6) identify effects on adjacent lands; new text end new text begin (7) identify the number of persons affected; and new text end new text begin (8) identify relevant safety considerations as they apply to: new text end new text begin (i) pedestrians; new text end new text begin (ii) bicyclists; new text end new text begin (iii) vulnerable road users; new text end new text begin (iv) the motoring public; and new text end new text begin (v) fire, police, and emergency service providers. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026, for county state-aid roadway projects on or after that date. new text end Sec. 4. Minnesota Statutes 2024, section 162.09, is amended by adding a subdivision to read: new text begin Subd. 1a. new text end new text begin State-aid standards. new text end new text begin Design and engineering standards for all new construction, reconstruction, rehabilitation, or resurfacing municipal state-aid projects approved by the state-aid engineer are determined and set by the most recent edition of the Facility Design Guide or successor document established by the commissioner. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026, for municipal state-aid roadway projects on or after that date. new text end Sec. 5. Minnesota Statutes 2024, section 162.09, subdivision 3a, is amended to read: Subd. 3a. Variances from rules and engineering standards. (a) The commissioner may grant variances from the rules and from the engineering standards developed pursuant to section 162.13, subdivision 2 . A political subdivision in which a municipal state-aid street is located or is proposed to be located may submit a written request to the commissioner for a variance for that street. The commissioner deleted text begin shall deleted text end new text begin must new text end comply with section 174.75, subdivision 5 , in evaluating a variance request related to a complete streets project. (b) The commissioner may grant or deny the variance within 30 days of receiving the variance request. If the variance is denied, the political subdivision may request, within 30 days of receiving notice of denial, and deleted text begin shall deleted text end new text begin must new text end be granted a contested case hearing. new text begin The commissioner must use the criteria set forth in subdivision 3b to evaluate the variance request. new text end new text begin (c) If the commissioner denies a variance, the commissioner must notify the chairs and ranking minority members of the legislative committees with jurisdiction over transportation and provide justification for denying the variance within 30 days of notifying the political subdivision of the denial. The justification must include the commissioner's reasoning for the denial, the recommendation of the advisory committee on variances, and the reasoning used by the committee to approve or deny the variance. new text end deleted text begin (c) deleted text end new text begin (d) new text end For purposes of this subdivision, "political subdivision" includes (1) an agency of a political subdivision deleted text begin which deleted text end new text begin that new text end has jurisdiction over parks, and (2) a regional park authority. new text begin (e) The commissioner must give special consideration to proposed modifications for: new text end new text begin (1) narrowing lanes from 11 feet to ten feet for roadways in an urban or suburban context; new text end new text begin (2) designs allowed by current Department of Transportation trunk highway standards for roadways of similar context; new text end new text begin (3) a proposed design intended to increase the safety of nonmotorized transportation to and from a school; new text end new text begin (4) any design element in a project funded by the safe routes to school program, except where specifically prohibited in the current Department of Transportation Facility Design Guide; or new text end new text begin (5) a variance request that specifically states the proposed design modification is based on the following alternative design manuals: new text end new text begin (i) the American Association of State Highway and Transportation Officials' (AASHTO) A Policy on Geometric Design of Highways and Streets or other AASHTO design guides formally recognized by the Federal Highway Administration; new text end new text begin (ii) the Institute of Transportation Engineers' Designing Walkable Urban Thoroughfares: A Context Sensitive Approach and Implementing Context Sensitive Design Handbook; new text end new text begin (iii) the National Association of City Transportation Officials' (NACTO) Urban Street Design Guide and other NACTO design guides formally recognized by the Federal Highway Administration; new text end new text begin (iv) the Global Designing Cities Initiative's (GDCI) Global Street Design Guide and Designing Streets for Kids supplement; or new text end new text begin (v) any other design guide recognized or approved by the Federal Highway Administration in United States Code, title 23, section 109(o)(B). new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026, for municipal state-aid roadway projects on or after that date. new text end Sec. 6. Minnesota Statutes 2024, section 162.09, is amended by adding a subdivision to read: new text begin Subd. 3b. new text end new text begin Variance format. new text end new text begin To submit a formal request for a variance from municipal state-aid design rules, a political subdivision must submit a written request to the commissioner. The written request must be in the form of an adopted resolution. The request must: new text end new text begin (1) identify the project by location and termini; new text end new text begin (2) cite the specific part or standard for which the variance is requested from municipal state-aid design rules; new text end new text begin (3) describe the proposed modification and include technical information about the design, including: new text end new text begin (i) an index map; and new text end new text begin (ii) a typical section with an inplace section and a proposed section; new text end new text begin (4) describe the economic, social, safety, and environmental impacts that may result from the requested variance; new text end new text begin (5) identify the effectiveness of the project in eliminating an existing and projected deficiency in the transportation system, including identifying and citing whether the existing roadway's design meets a recognized or approved Federal Highway Administration design guide standard for a similar road context; new text end new text begin (6) identify effects on adjacent lands; new text end new text begin (7) identify the number of persons affected; and new text end new text begin (8) identify relevant safety considerations as they apply to: new text end new text begin (i) pedestrians; new text end new text begin (ii) bicyclists; new text end new text begin (iii) vulnerable road users; new text end new text begin (iv) the motoring public; and new text end new text begin (v) fire, police, and emergency service providers. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026, for municipal state-aid roadway projects on or after that date. new text end Sec. 7. new text begin [162.095] ADVISORY COMMITTEE ON DESIGN VARIANCES. new text end new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin An advisory committee on design variances is established to investigate and determine a recommendation for each variance submitted under sections 162.02, subdivision 3a, and 162.09, subdivision 3a. new text end new text begin Subd. 2. new text end new text begin Membership. new text end new text begin (a) The advisory committee on design variances called by the commissioner under subdivision 3 must consist of the following members: new text end new text begin (1) not more than two county highway engineers, only one of whom may be from a county containing a city of the first class; new text end new text begin (2) not more than two city engineers, only one of whom may be from a city of the first class; new text end new text begin (3) not more than two county officials, only one of whom may be from a county containing a city of the first class; new text end new text begin (4) not more than two officials of an urban municipality, only one of whom may be from a city of the first class; new text end new text begin (5) not more than two representatives of the Office of Transit and Active Transportation in the Department of Transportation, one of whom must be an engineer; and new text end new text begin (6) one representative from the State Aid for Local Transportation Office in the Department of Transportation with experience in project design and the safety factors specified in sections 162.02, subdivision 3c, and 162.09, subdivision 3b. new text end new text begin (b) No elected or appointed official that represents a political subdivision may serve on the committee. new text end new text begin (c) The committee must have at least one member but not more than 12 members from a metropolitan area as defined in section 473.121, subdivision 2, as well as cities with a population over 50,000 according to the most recent federal census. new text end new text begin Subd. 3. new text end new text begin Operating procedure; open meeting law. new text end new text begin (a) The advisory committee must meet at the call of the commissioner, at which time the committee must be instructed as to the committee's responsibilities by a designee of the commissioner. The members of the advisory committee must elect a chair from the members of the group at the initial meeting and may set bylaws and procedures to investigate the requested variance. new text end new text begin (b) An advisory committee organized under this section is subject to the Minnesota Open Meeting Law under chapter 13D. new text end new text begin Subd. 4. new text end new text begin Factors considered. new text end new text begin The advisory committee must make a recommendation for a variance based on criteria set forth in sections 162.02, subdivision 3c, and 162.09, subdivision 3b. The advisory committee must give special consideration to safety if the proposed project design is intended to increase the safety of nonmotorized transportation to and from a school. new text end new text begin Subd. 5. new text end new text begin Recommendation. new text end new text begin After considering all data pertinent to the requested variance, the advisory committee must recommend to the commissioner approval or denial of the request. If the committee denies the variance, the committee must provide specific reasoning for the denial and identify the design standard used to evaluate the denial. new text end new text begin Subd. 6. new text end new text begin Administration. new text end new text begin Upon request of the advisory committee, the commissioner must provide meeting space, technical support, and administrative services for the group. new text end new text begin Subd. 7. new text end new text begin Legislative report. new text end new text begin By January 15 of each even-numbered year, the commissioner of transportation must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance. The report must summarize the activities of any advisory committee on variances from the prior two years, identify each committee's analysis and findings for each variance approved or denied, identify whether the commissioner and an advisory committee came to a different decision on a requested variance and identify the reasons for the difference, and provide recommendations on improvements to the advisory committee process. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026, for state-aid design variances sought on or after that date. new text end Sec. 8. Minnesota Statutes 2024, section 162.155, is amended to read: 162.155 RULEMAKING. deleted text begin (a) The commissioner shall adopt rules setting forth the criteria to be considered by the commissioner in evaluating requests for variances under sections 162.02, subdivision 3a and 162.09, subdivision 3a . The rules must include, but are not limited to, economic, engineering and safety guidelines. deleted text end deleted text begin (b) deleted text end new text begin (a) new text end The commissioner shall adopt rules establishing the engineering standards for cost estimation under sections 162.07, subdivision 2 , and 162.13, subdivision 2 . deleted text begin (c) deleted text end new text begin (b) new text end The rules adopted by the commissioner under this section, and sections 162.02 ; 162.07, subdivision 2 ; 162.09 ; and 162.13, subdivision 2 , are exempt from the rulemaking provisions of chapter 14. The rules are subject to section 14.386 , except that, notwithstanding paragraph (b) of that section, the rules continue in effect until repealed or superseded by other law or rule.