PUBLIC NOTICE

SUMMARY of ORDINANCE RELATING TO OVERSIZE TRUCK USE
Freeman Township
Minnesota
Ordinance No. 21-1

Preamble:
Pursuant to federal law, the state legislature is granted a set of police powers to local municipalities to utilize or distribute as they choose. In accordance with these powers, the legislature has granted local municipalities certain police powers via state statutes to undertake or regulate certain activities including transportation activities. Minn. Stat. §169.04 provides power and authority for local municipalities to regulate and restrict transportation in respect to local streets and highways. In addition, Minn. Stat. §§169.80-169.88 extends this same power to allow the local municipalities to regulate or prohibit access to highways based on weight and size as, in the discretion of such local municipality, to best serve the traffic for which the highway is intended. Lastly, subject to
Minn. Stat. §169.87, a town board is granted the power to impose road and load specific restrictions upon township roads.
As a preliminary matter, the Board does hereby adopt and incorporate in full into this Ordinance, the definitions, rules and requirements of Minnesota Rules 4410, et. al., as the environmental review operating procedures Freeman Township will follow in implementing the provisions of the Minn. Stat. §116D relating to Minnesota’s environmental review policy and any rules adopted thereunder by the Minnesota Environmental Quality Board. All terms used in this Ordinance shall have the same meaning as the terms used in Minn. Stat. §116D and the rules adopted thereunder.
Application. This ordinance shall apply to any project or action which anticipates the use of any OS/OW Trucks on Township Roads (collectively, “Action” hereafter). Any Action shall require a special permit (“Township OS/OW Truck Permit”), issued by the Board. Such Township OS/OW Permits may be issued by the Board based on the following requirements.
Preparation. Prior to or together with any request or application for a Township OS/OW Truck Permit, the Board shall require the preparation, review and completion of an environmental review consistent with the requirements, details, goals and content specified in of Minn. Stat. §116D, et. al. Minn. Rules §4410, et. al., any rules, guidance or requirements adopted thereunder by the Minnesota Environmental Quality Board and this Environmental Review Program or this Ordinance (hereafter, the “Environmental Review”).
Cost of Preparation and Review. The applicant for a Township OS/OW Truck Permit
which requires Environmental Review pursuant to this ordinance shall supply, at no cost
to, in the manner prescribed in writing by the Board all unprivileged, Public data or information reasonably requested by the Board that the applicant has in its possession or to which it has reasonable access. Further, the applicant for Township OS/OW Truck Permit shall pay all costs incurred by the Township and Board for the preparation, review and completion of such Environmental Review. The applicant shall be required to deliver to the Board a cash deposit of no less than fifty percent (50%) of the Board estimated cost of completion of the Environmental Review prior to commencement of any work or preparation the Environmental Review by the Township or the Board. No Township OS/OW Truck Permit for which an Environmental Review is required by this Ordinance shall be issued until all costs or preparation and review which are to be paid by the applicant are paid in full.
Review. Upon completion and filing of the Environmental Review by the Township with the Minnesota Environmental Quality Board (the “EQB”), the EQB and applicant shall follow the procedures set forth in Minnesota Statute 116D, et. al. to complete the Environmental Review and shall be published in a newspaper of local circulation no less than ten (10) working days before such hearing.
Decision. In granting Township OS/OW Truck Permit subject to review under this ordinance, the Board shall consider the Environmental Review and comments received regarding the same. The Board shall, whenever practicable and consistent with other laws, require that mitigation measures identified in the Environmental Review be incorporated into the requirements for the Township OS/OW Truck Permit.
Administration. The Freeman Township Clerk shall be the person responsible for the administration of this Environmental Review Ordinance and the statutes and rules adopted by reference in this Ordinance.
Enforcement and Penalty. No Township OS/OW Truck Permit shall be issued for which an Environmental Review is required until all requirements of this ordinance are completed.

Albert Lea Tribune:
Jan. 11, 2023
ORDINANCE NO. 21-1