§ 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.