Managing Utility Congestion in and out of the Rights of Way

Summary:

Public rights of way (ROW) are commonly used to house essential utilities such as water, sewer, and fiber optics. As demand for infrastructure grows, these spaces are becoming increasingly congested. Cities and counties have limited authority to regulate how utilities are installed and maintained, which directly impacts the management of the roadways that share the ROW. A 2019 LRRB report, Managing Utility Congestion Within the Right of Way, includes findings from a statewide survey and outlines relevant Minnesota statutes, administrative rules, FCC regulations, best communication practices, and utility mapping approaches. The report notes that local agencies have limited legal grounds to enforce how utilities are implemented in the ROW, leading to costly delays and challenges caused by unresponsive utility companies or incorrect utility data.

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