24-01-03. Responsibility for state highway system

24-01-03. Responsibility for state highway system

The director is responsible for the construction, maintenance, and operation of the state

highway system and may enter a cooperative agreement with any municipality for the

construction, maintenance, or repair of any urban connecting street. The director may not divest

the state from responsibility for maintaining the structural integrity of any bridge over a navigable

water of this state which is currently maintained by the state unless an agreement is reached

with the municipality.

The jurisdiction, control, and duty of the state and municipality with respect to such urban

connecting streets must be as follows:

1. The director has no authority to change or establish any grade of any such street

without approval of the governing body of such municipality.

2. The municipality shall maintain at its own expense all underground facilities in such

streets and has the right to construct such additional underground facilities as may be

necessary in such streets.

3. The municipality has the right to grant the privilege to open the surface of any such

street, but all damage occasioned thereby must be repaired promptly by said

municipality at its direction and without cost to the department.

4. The municipality has exclusive right to grant franchises over, beneath, and upon such

streets.