Show All Answers

1. Does the county have an access management, driveway permitting or opening policy?

Yes, in December of 2012 the Clay County Board of Commissioners adopted a comprehensive Access Management Ordinance (2012-04), which effectively amended and repealed certain sections of the county Development Code.

2. Why did the county adopt this ordinance?

Prior to adoption of Ordinance 2012-04, the county Development Code only included a few nondescript regulations pertaining to access management. The “development” definition per the code was not all inclusive and in certain circumstances the county would have no oversight or approval authority on access connections.

Ordinance 2012-04 addressed these issues and appropriately provides the county Highway Department with the proper standards and procedures for access permitting.

3. Do I need a permit to construct a driveway or field approach that connects to a county highway?

Yes. Any request for an access connection (new, changed, modified, altered, re-constructed, etc.) onto a county highway or public right-of-way, which includes any field entrance, driveway or public / private roadway, requires a permit. This includes any type of access such as permanent, temporary or field opening.

4. How much does a permit cost? Do I need a permit for general maintenance to an existing access connection?

The access permit fee shall be $100, which includes all necessary inspections. Normal maintenance and repair can be completed without a permit.

5. Does the county still provide a culvert for new, reconstructed or modified access connections to a county highway?

Yes. As acknowledged by the Clay County Policy Statement adopted by the County Board on November 20, 2012 the county may provide the necessary culvert(s) for access onto a highway for an abutting landowner, upon issuance of an access permit. For additional information, see the Clay County Drainage Structure Policy.

6. After I receive a permit, do I need to have the county inspect and approve the improvements once construction is completed?

Yes. Consistent with the ordinance, a final inspection is required and the request must be submitted in writing to the county Highway Department.

7. How much time does the county have to process an application once submitted? When can I expect a final decision?

Once you submit an access permit, the county has 3 working days to determine whether the application is complete. Following acceptance of a complete application a final decision needs to be rendered within 30 days.

8. What is the length of time that a permit is valid once issued?

Access permits are valid for 2 years. If construction has not been completed within this time frame and an extension has not been granted per ordinance requirements, the permit shall become null and void.

9. Are there spacing standards for driveways or public street openings?

Yes. Section 8.3.6(G)(2) defines the minimum standards for roadways and driveways and requirements for full and limited access connections. Spacing standards vary based on the roadways functional classification, the posted speed limit and whether the access will be full movement or limited.

10. If I don’t agree with the decision on my permit application and/or I do not agree with the conditions of approval, is there an appeal process?

There is an appeal process established within Ordinance 2012-04. An applicant has 10 days to appeal the decision, which must be done in writing. Appeals are handled by the county Board of Adjustment pursuant to Section 8.4.4 of the County Code and Minnesota Statute Section 394.27.

11. Where do I find a full copy of the ordinance or applicable sections within the county development code?

View a full copy of the Access Management Policy.

12. Who do I contact if I have questions?

Any questions regarding the permitting process or specific questions relating to the issuance of an access permit can be directed to the Clay County Highway Department by calling 218-299-5099.