Art on MnDOT Right of Way Application Procedures

For Art on MnDOT Right of Way Policy #OE007

Effective Date: May 1, 2026

Introduction

This document is the technical companion to the Art on MnDOT Right of Way Policy. It is intended to assist governmental entities, in conjunction with individuals, groups, sponsors, and non-governmental entities, in navigating through the process of donating and installing or placing, maintaining, and removing art on or in MnDOT right of way.

For purposes of these procedures, art means original works of visual art created for placement on MnDOT right of way that carry intellectual property rights, such as copyright, trademark, and the moral rights of attribution and integrity. These rights must be addressed through the Agreement for Art, which governs ownership and licensing.

Art may include murals, mosaics, sculptures, reliefs, or similar installations. Art does not include artwork within MnDOT-managed office buildings, truck stations, research labs, or training centers, or decorative elements or treatments (aesthetics).

Application Process

There are four phases in the application and approval process:

Preliminary Application
Design Development
Final Application for Art on MnDOT Right of Way
Agreement for Art and Work Permit

These phases provide a general framework; however, the level of review and coordination at each phase will vary based on project complexity, scale, and context, as determined by district staff, in consultation with the Office of Land Management (OLM).

Details for each phase are described below.

Art Ownership

All art installed or placed on MnDOT right of way, including airspace, will be a donation to and become the property of MnDOT. Artists will be required to transfer intellectual property rights (copyright, trademark, etc.) and associated rights to MnDOT. The Agreement for Art grants a license for intellectual property usage to the applicant. Passage of the license to the artist is at the discretion of the applicant.

Moral Rights Pursuant to the Visual Rights Act

Public safety and maintaining the transportation purpose of MnDOT right of way must always have priority over art on MnDOT right of way. Therefore, MnDOT must retain the right to change, modify, remove, or destroy art on MnDOT right of way as needed. To facilitate this, the artist of the proposed artwork must provide a completed and signed Waiver of Rights Pursuant to Visual Artists Rights Act form waiving the artist's right of integrity. The artist retains the right of attribution.

To the extent reasonable, MnDOT will, in coordination with the applicant, attempt to contact the artist and seek input on modification, removal, or destruction processes prior to modification, removal, or destruction of the art. Notwithstanding any provision of the Agreement for Art or its related documentation, however, MnDOT does not guarantee it will:

attempt to contact the artist in all circumstances;
attempt to contact the artist multiple times;
suspend or postpone modification, removal, or destruction of the artwork pending artist contact; or
follow the input of the artist.

In addition, MnDOT does not guarantee any modification(s) made will not alter the art in such a way that the artist's intention is no longer effectuated or in a manner prejudicial to the artist's honor or reputation. MnDOT similarly does not guarantee artwork of a recognized stature will not be removed or destroyed.

Artist and Sponsor Recognition

Subject to MnDOT approval, the artist, or sponsor of the approved art may be recognized on or adjacent to the art. The applicant is responsible for the costs involved with such recognition, including maintenance and traffic control as appropriate.

Financial Responsibilities

The applicant is required to assume full responsibility for all costs associated with the proposed art project, including but not limited to costs associated with design, public engagement, fabrication, installation, maintenance, operation (as necessary), and removal. MnDOT will not prohibit the applicant from seeking reimbursement, or other contribution from a third party, including the artist of the proposed art project, however the applicant's financial responsibility to MnDOT may not be assigned, transferred, or otherwise minimized or delegated.

Definitions

Aesthetics

Decorative elements or treatments as described in the Aesthetic Elements section of the MnDOT Cost Participation and Maintenance Responsibilities with Local Units of Government Manual.

Agreement for Art

A contract that formalizes the responsibilities of the applicant, MnDOT’s reserved rights, and the legal terms governing the installation, maintenance, and removal of the artwork.

Applicant

The governmental entity applying to donate art to the state for installation or placement on or in MnDOT right of way.

Art

Original works of visual art, created by an artist. Art may include murals, mosaics, sculptures, reliefs, or other creative works that express meaning. Art is both a physical installation and an intellectual creation that carries intellectual property rights, including copyright, trademark, and the moral rights of attribution and integrity under the Visual Artists Rights Act (17 U.S.C. § 106A). (See also 17 U.S.C. §101)

Artist

A person who creates a work of visual art.

Author

As used in this policy and within the Visual Artists Rights Act, a person who creates a work of visual art. The term "artist" and "author" are used interchangeably in this policy and its related documentation.

Artwork of a Recognized Stature

A piece of art that is considered significant by the art community, art experts, or a segment of the public.

Copyright

A type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.

Create

A work of visual art is created when, by or under the authority of the artist, a work is sufficiently permanent or stable to allow it to be perceived, reproduced, or otherwise communicated for the first time.

(See 17 U.S.C. § 101)

Clear Zone

A roadside border area that is available for safe use by errant vehicles as determined in accordance with Chapter 3 of the AASHTO Roadside Design Guide.

Governmental Entities

A federal, state, local, or Tribal government that has been established and/or recognized by the U.S. Constitution, a state constitution, treaty, statute, or court decision.

Note: A governmental entity must be able to establish community standards for first amendment purposes and does not include a neighborhood or community group, metropolitan planning organization, regional agency, or a corporation.

Indian Country

As defined in 18 United States Code section 1151, Indian country includes reservations, allotments, and dependent Indian communities. Indian country may include off-reservation land.

Note: See the Indian Country Guidance and the MnDOT Tribal Map Application for additional information.

Intellectual Property

Creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names and images used in commerce. Intellectual property is a property right established in law to exclude others from using, without authorization, intellectual creations.

License for Intellectual Property Usage (“License”)

Permission to use and exploit the art according to the terms in the Agreement for Art.

Miscellaneous Work Permit

Written permission issued by the applicable MnDOT district approving the use and occupancy of the right of way for the defined work activities.

MnDOT Right of Way

State of Minnesota owned property or easements managed by MnDOT including roads and highways, roadsides, bridges, structures, airspace, buildings, and grounds (including rest area buildings and grounds).

Public Engagement

A broad range of methods through which members of the public become more informed about and/or influence public decisions.

Rail Corridor

A continuous strip of real property that is used for rail service. The term includes the corridor and structures essential to railroad operations, including the land, buildings, improvements, rights-of-way, easements, rail lines, rail beds, guideway structures, switches, yards, parking facilities, power relays, switching houses, rail stations, any ancillary development, and any other facilities or equipment used for the purposes of construction, operation, or maintenance of a railroad that provides rail service.

Right of Attribution

The right of an artist of a work of visual art to claim creation of that work, prevent the use of their name as the creator of any work of visual art which they did not create, and prevent or rescind the use of their name as the artist of a work of visual art in the event of a modification of the work which would be prejudicial to the artist's honor or reputation. (See 17 U.S.C. § 106A(a)(1),(2)).

Right of Integrity

The right of an artist of a work of visual art to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to their honor or reputation and the right to prevent any intentional or grossly negligent destruction of a work of recognized stature. (See 17 U.S.C. § 106A(a)(3).)

Sponsor

A third-party stakeholder partnering with an applicant. A sponsor is typically not a governmental entity. A sponsor often partners with an applicant to provide funding and/or maintenance for the work of visual art.

State Rail Bank

Abandoned rail lines and right-of-way acquired by the Commissioner of Transportation pursuant to Minnesota Statutes § 222.63. (See State Rail Bank Corridors Map (pdf))

Trademark

Any word, phrase, symbol, design, or a combination of these things that identifies a good or service.

Phase 1: Preliminary Application

The purpose of the Preliminary Application for Art on the MnDOT Right of Way is to determine if the proposed location and general concept are eligible for public art prior to the applicant conducting a call for artists or developing a final design. If MnDOT determines that the proposed art project and location meet eligibility requirements, it will grant preliminary approval of the concept and location.

Applications may only be submitted by a political subdivision of the state, state agency, or Tribal government. Any information submitted in or as part of an application is subject to the Minnesota Govt Data Practices Act, Chapter 13, and may be publicly disclosed in accordance with that Act.

Preliminary Application

The preliminary application provides high-level information to evaluate feasibility. Detailed design, final artist selection, and fully developed public engagement are not required at this stage. The applicant must complete the Preliminary Application for Art on the MnDOT Right of Way which requests the following information:

Contact information

Name of applicant
Contact person, phone number, and email

Proposed artwork description and process

Overview of the proposed artwork concept
Explanation of the subject matter, context, or significance of the artwork
Process that will be used in the call for artists
Approval process that the applicant will use for the final concept, location, and funding

Proposed location and site context
Note: Placement must be located as far from the traveled roadway as possible and must allow for safe access for artwork maintenance activities

City and roadway references (for example, highways, intersections, bridges, landmarks)
Whether the proposed location is within Indian Country (See the Indian Country Guidance and the MnDOT Tribal Map Application for additional information.)
Proximity to key transportation facilities
Impacts on transportation infrastructure (if any)
Flexibility of the design to accommodate highway safety and operations

Installation timeline

Estimated timeframe for design, fabrication and installation of the artwork

Public engagement

Description of proposed or completed public engagement efforts and timeline
Methods for gathering public input and community support

Anticipated lifespan of the artwork

Less than 1 year
1 – 10 years
More than 10 years

Application Submission

Applicants must complete and submit the preliminary application to the appropriate MnDOT district contact for review. Approval at this phase does not guarantee approval of the full project in later phases.

MnDOT Review and Eligibility Determination

After receiving the preliminary application, MnDOT district staff, in consultation with the Office of Land Management, will coordinate an internal review to assess general feasibility and identify any high-level concerns.

Initial reviewers include:

MnDOT District Engineer
District Traffic Engineering
District Maintenance
Communications and Public Engagement (Central Office and District)
Operations Division – ADA Unit
Office of Land Management
Office of Chief Counsel
District Planning
District Right of Way

Additional or specialized reviewers may be consulted, as appropriate, based on location and context:

Aeronautics
Bridge Office
District Bridges and Structures
District Environmental and Water Resources
Freight and Commercial Vehicle Operations – Rail Unit
Tribal Affairs

Review focuses on:

Applicant eligibility
Safety, accessibility, environmental, maintenance, and operational concerns
Feasibility of the proposed location
Compatibility with MnDOT facilities and current or future projects

Outcomes

No significant concerns identified
1. MnDOT district staff notify the applicant that they may proceed to Phase 2 and begin design development.
Concerns are identified
1. MnDOT district staff notify the Office of Land Management (OLM) and the applicant.
2. The applicant may revise the proposal in collaboration with MnDOT staff to resolve the concerns.
3. The applicant may submit a revised preliminary application for re-evaluation.

Phase 2: Design Development

Once the preliminary application is approved, the applicant may proceed with artist selection, design development, and public engagement. During this phase, the applicant works in coordination with MnDOT to refine the proposed artwork and prepare materials needed for MnDOT review.

This phase is iterative and may vary depending on project complexity, scale, and context. Some projects may require limited coordination, while others may involve multiple rounds of discussion and revision before the design is sufficiently developed to advance.

Activities may include:

conducting a call for artists or selecting an artist
developing and refining the proposed artwork design, including materials, dimensions, location, installation methods, and other relevant project details
conducting public engagement and incorporating feedback, as appropriate
coordinating with MnDOT regarding location, safety, maintenance access, operational impacts, and policy considerations
identifying and addressing project-specific issues, such as lighting or illumination, structural requirements, utilities, rail proximity, airport influence areas, ADA compliance, or Tribal implications, as applicable
preparing technical materials and supporting documentation that may be needed for the final application and review
revising the proposed design in response to MnDOT feedback or other project considerations before advancing to Phase 3

Design Review Checkpoint

The proposed artwork design must be sufficiently developed to allow MnDOT to evaluate its visual appearance, materials, location, and potential impacts. District staff will coordinate this review in consultation with OLM, OCC, and other MnDOT offices, as appropriate. District staff will also notify MnDOT Leadership (Commissioner, Deputy Commissioners, Assistant Commissioners, Chiefs, and Director of Government Affairs) of the proposed public art piece.

The design review considers factors such as safety, operational impacts, site context, and consistency with MnDOT policies. Based on this review, the project may proceed, require revisions be elevated for additional coordination with MnDOT leadership if the project is complex, high profile, or sensitive prior to approval, or be disapproved.

Projects that proceed beyond the design review may complete and submit the final application, including all required supporting documentation. Advancing past the design development phase does not guarantee approval of the final application.

Phase 3: Final Application for Art on MnDOT Right of Way

The applicant must submit to MnDOT a complete and accurate Final Application for Art on MnDOT Right of Way. The final application is iterative and developed in coordination with MnDOT. It may progress in stages depending on project complexity. The applicant must work closely with MnDOT to complete all applicable requirements prior to final approval.

Americans with Disabilities Act

Artwork and any interpretive signage must comply with the Americans with Disabilities Act (ADA).

Lighting and Illumination

All artwork proposed to include lighting or illumination must comply with the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD), the FHWA Lighting Handbook, and all applicable federal, state and local government statutes, rules, regulations, and lighting ordinances.

Lighting or illumination must:

not flash, strobe, or contain any movement that may distract or confuse motorists
be directed in a way that does not impair visibility for drivers, cyclists, pedestrians, or MnDOT operations or maintenance personnel
avoid excessive brightness or color combinations that resemble traffic control devices

MnDOT retains sole discretion to determine whether the proposed lighting or illumination presents traffic safety concerns. Lighting plans must be reviewed as part of the final application and approval of lighting or illumination is not guaranteed.

Artwork Near Rail Corridors

For any artwork proposed within 100 feet of a rail corridor that includes lighting or illumination or any structure that may encroach, including upon failure, on the rail corridor, the following additional requirements apply:

The application must include documentation of coordination and support from all affected railroads.
The artwork, particularly if it includes lighting or structural components, must not obstruct sight lines or provide misinformation to train engineers.
Designs must not mimic rail signals, train markers, or similar equipment that may cause operational confusion

Applicants can use the MN Rail Viewer to determine if their proposed location is within proximity of a rail corridor.
MnDOT will review such proposals in consultation with the Office of Freight and Commercial Vehicle Operations.

Approval of artwork within 100 feet of a rail corridor is not guaranteed, and MnDOT reserves the right to reject proposals that pose even a minimal risk to rail operations. No artwork will be approved for installation on State Rail Bank property.

Artwork in an Airport Influence Area

If artwork is proposed within an Airport Influence Area, applicants must coordinate with the MnDOT Office of Aeronautics to evaluate and mitigate any impacts to airspace or land use. The Office of Aeronautics may deny projects that create risks to aviation safety.

Components of the Final Application

The final application includes the following information, as applicable based on the project scope and complexity:

Applicant, sponsor, and artist contacts

Names, affiliations, and contact details for each involved party
Proposed location

Description of the site including city, nearby roadways or landmarks, intersections, structures, affected transportation facilities or design elements, and the artwork’s distance from the traveled roadway. The location must allow safe access for maintenance.
Site and community context

Explanation of the artwork’s relationship to its physical setting and how it reflects or contributes to the local community.
Artwork description

Clear explanation of artistic elements including materials, colors, dimensions, forms, notable features, identifying characteristics, and proposed installation methods.
Lighting and illumination

Description of any proposed lighting or illumination.
Transportation and safety impact

Identification of how the artwork might mitigate or exacerbate existing transportation or safety concerns.

Public engagement and community standard

Summary of completed engagement efforts, including outreach to those most affected. Applicants must document how public feedback was solicited, the nature of that feedback, and how it influenced the design. Applicants may choose the engagement methods that best suit their community. While MnDOT does not require specific outreach techniques, applicants must clearly show how public input was gathered and how it influenced the final design of the artwork.

Work plan and project timeline

Schedule, task outline, and resource plan demonstrating that the project can be executed within budget, on time, and to MnDOT standards.

Durability and environmental exposure

Statement on how the artwork will withstand weather, vandalism, and MnDOT construction and maintenance activities.

Expected lifespan

Estimated duration of public display and projected service life under normal roadside conditions.

Installation cost and funding source

Budget and confirmed sources of funding for fabrication and installation.

Maintenance funding source

Designated funding source(s) for long-term maintenance responsibilities.

Required Attachments

The following documents must be included with the final application:

Artist statement

A description of the creative vision, including intended meaning, A visual representation (for example, sketch or rendering) must be attached.

Waiver of rights under VARA

Completed and signed Waiver of Moral Rights Pursuant to Visual Artists Rights Act from each contributing artist.

Structural art requirements (if applicable)

For artwork that is to be incorporated into a MnDOT project, artwork plans must be received prior to the 30% final plan submittal for the project.

Detailed plan set signed by a Professional Engineer (PE) licensed in Minnesota regarding proposed artwork, including:

Exact location and proximity to trunk highway
Proximity to known existing and proposed utilities in the trunk highway right of way
Necessary improvements or repairs to MnDOT facilities or structures that may occur or be needed
Structural details
Any information necessary to complete construction not otherwise found in the special provisions

Special provisions signed by a PE licensed in the state of Minnesota
Design calculations signed by a PE licensed in the state of Minnesota

Lighting plan (if applicable)

Note: Lighting or illumination are not guaranteed to be approved.

Detailed lighting and electrical plans
MnDOT-reviewed and approved lighting study
Lighting and maintenance plan

Maintenance plan

Note: Maintenance activities must not encroach upon the clear zone of the highway. The applicant must retain all maintenance inspection records and provide them to MnDOT upon request.

Specific tasks (for example, cleaning, graffiti removal, snow clearance, repair and restoration)
Cleaning materials, tools, and access methods
Maintenance frequency and inspection schedule (structural inspections for soundness, stability, and public safety must occur a minimum of every two years)
24/7 emergency contact information for the responsible maintenance entity

Artwork removal plan
1. Identify conditions triggering removal (for example, disrepair, end of lifespan, safety concerns)
2. Step-by-step outline for removal and site restoration
Other supporting information

Any additional materials helpful to reviewers (for example, interpretive signage concepts, community letters of support, accessibility considerations)

Application Submission

The applicant must submit the completed final application with all required attachments to the appropriate district contact. The district will coordinate review in consultation with the Office of Land Management. Incomplete applications may be rejected.

Application Review and Approval

MnDOT’s top priority is ensuring the safety of the traveling public. Art proposals will be evaluated accordingly with input from district staff and relevant MnDOT offices. MnDOT retains the sole discretion to approve or deny any application at any stage.

General standards

Stricter review will apply to proposals that:

Are located near the clear zone or pedestrian access routes
Involve historic structures
Pose potential safety concerns
Are near environmentally sensitive areas
May impact protected plant or wildlife species (may trigger review of U.S. Fish and Wildlife Services)
Require electrical or alternative power (solar, wind, etc.)
Include lighting or illumination
Impedes or increases the cost of infrastructure inspection and maintenance

Applications will be rejected if the proposed art:

Creates an attractive nuisance
Is placed in a median of a controlled-access highway
Obstructs visibility for drivers or non-motorized users
Contains advertising
Contains readable text or lettering, except when:

Incorporated into official wayfinding or directional signage approved by MnDOT,
Displaying the name of the jurisdiction or facility where the artwork is located, or
Providing artist or sponsor acknowledgment as approved in accordance with the Artist and Sponsor Recognition section of these procedures.

Contains content that is obscene or indecent
Creates a distraction or other safety hazard or may require additional maintenance because it invites vandalism or graffiti (for example, an offensive or similarly objectionable symbol or image).
Uses bright or flashing lights, moving parts, or loud sounds
Obscures, interferes with, or mimics traffic control devices
Impedes the functionality of highway infrastructure or violates safety standards
Conflicts with design guidance, including:

American Association of State Highway Transportation Officials (AASHTO)

Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD)
MnDOT Load and Resistance Factor Design (LRFD) Bridge Design Manual
MnDOT Reasonable Accommodation Policy
MnDOT ADA Transition Plan

Involves placement of fixed objects within the clear zone per MnDOT Road Design Manual
Adversely affects or creates a “Section 4(f)” property under federal law ¹

Review and Approval Process

The District Contact, in consultation with the Office of Land Management (OLM), coordinates internal review by:

District Engineer
District functional groups (Traffic, Maintenance, Environmental, Structures, Permits, State Aid, Public Affairs, Right of Way)
Operations Division – ADA Unit
Chief Counsel (OCC)
Communications and Public Engagement
MnDOT offices, as applicable

Environmental Stewardship
Land Management
Maintenance
Traffic Engineering
Transit and Active Transportation
Transportation System Management
Aeronautics
Bridge
Freight and Commercial Vehicle Operations – Rail Office
Tribal Affairs

OLM and OCC staff will consult with the FHWA if federal coordination is required.
If the internal review is unfavorable, the district contact, in consultation with OLM, will notify the applicant. The applicant may revise the application and resubmit. If more than six months pass with no communication, MnDOT may require a new application.
If the internal review is favorable, the district contact will forward the application to OCC, OLM and the district engineer for final review and approval.

The Office of Chief Counsel confirms legal sufficiency, enforceability of intellectual property provisions, and risk management, including First Amendment and content neutrality review.
The district engineer confirms the application is complete, technical and operational issues have been resolved, statewide offices were consulted as needed, and the project is suitable for MnDOT right of way.
The OLM director confirms the application and review process are consistent with MnDOT policy, procedures, and practices, and that any required federal approvals (such as FHWA review for Interstate projects) have been identified and addressed.

Once the application is approved, no changes (other than installation schedule) are allowed without a formal contract amendment.
The applicant may proceed to Phase 4, including execution of the Agreement for Art and submission of final governing body approval or other authorizations.

Phase 4: Agreement for Art

After the final application is approved, MnDOT enters into a written Agreement for Art with the applicant. This agreement formalizes the responsibilities of the applicant, MnDOT’s reserved rights, and the legal terms governing the installation, maintenance, and removal of the artwork.

Final Governing Body Approval or Authorization

Before execution of the Agreement for Art, the applicant must provide the final governing body approval or other authorization.

If the applicant is a governmental entity, this approval must be provided in the form of a resolution affirming the governing body’s:

Knowledge of the project
Acknowledgement that the art is consistent with the community standards and public participation
Delegation of signature authority for the Agreement for Art with MnDOT
Commitment to maintenance
Acknowledgement that the artwork will become MnDOT property

If the applicant is a state agency, include a letter from the commissioner or agency head confirming the same.

Key Contract Terms

Applicant responsibility

The applicant assumes full responsibility and liability for all installation, maintenance, and removal activities, including associated costs.

Intellectual property

The applicant must transfer all intellectual property rights to MnDOT.

VARA Waiver

The artist must waive their Right of Integrity in accordance with the Visual Artists Rights Act.

Insurance

The applicant must obtain and maintain all required insurance, including workers’ compensation.

MnDOT authority

MnDOT reserves the right to terminate the Agreement for Art or modify, relocate, or remove artwork at its sole discretion, with or without notice. Reasons may include safety concerns, Americans with Disability Act (ADA) concerns, failure to maintain, deterioration, or highway operations.

The final approved application will be incorporated into the Agreement. Any changes require a formal contract amendment.

Signatures

The Agreement for Art must be signed by:

The applicant’s authorized representative
MnDOT District Engineer
Director of the Office of Land Management (Policy Owner)
Legal counsel from the Office of Chief Counsel (OCC)

Communication and Retention

OCC enters the Agreement for Art into CAATS.
OCC provides the final, signed Agreement to the applicant and OLM.
OCC provides the Agreement number to the District Permits Office to include on the approved Permit application to install or place, maintain, and remove artwork once submitted by the applicant.
OLM adds the description, location, and agreement number to ARCGIS/ REALMS.

Installation, Maintenance, and Removal

Work on the Right of Way Permit

A Miscellaneous Work on Trunk Highway Right of Way Permit is required for any work performed within MnDOT right of way, including installation, maintenance, and removal of artwork. Permit activities must follow MnDOT standards for safety, engineering, and utility coordination.

The permit:

Specifies approved installation methods and access requirements
Includes traffic control and safety measures
Is issued at no cost to the applicant

Once the permit is issued, district staff must provide notification to the Office of Chief Counsel (OCC) and the Office of Land Management (OLM) to ensure proper coordination and recordkeeping.

Installation

The applicant must:

Install the artwork in accordance with the approved application, plan set, and MnDOT Work Permit conditions
Coordinate with MnDOT district staff during installation, including required inspections or traffic control
Follow all applicable MnDOT engineering, utility clearance, and safety standards

Maintenance

The applicant is responsible for:

Ongoing maintenance of the artwork and any associated features, including graffiti removal, surface cleaning, and general upkeep
Following the maintenance schedule submitted in the final application
Notifying the artist regarding repairs, restoration, modifications, removal, or destruction of the artwork before the work is started
Conducting structural inspections at least every two years for free-standing artwork
Keeping accurate maintenance and inspection records, available to MnDOT upon request
Ensuring that maintenance activities do not interfere with highway safety or operations

MnDOT will maintain surrounding infrastructure (e.g., retaining walls, bridge structures), but is not responsible for repairs or restoration of the artwork.

Removal

MnDOT may remove, or require removal of artwork, for reasons including but not limited to:

It presents a safety hazard or is damaged beyond repair
It is not maintained in accordance with the Agreement for Art
It conflicts with MnDOT construction, maintenance, or operational activities
It is installed on MnDOT-owned materials or infrastructure (e.g., pavement, bridge elements, signal cabinets) that are being removed or replaced

Applicants must follow the approved removal plan and coordinate with MnDOT for proper decommissioning and site restoration. Any removal initiated by MnDOT will follow terms outlined in the Agreement for Art.

However, MnDOT is not required to provide notice to the applicant or obtain consent.
If artwork remains intact and undamaged during removal, MnDOT may, at its discretion, return the artwork to the applicant or artist.

^{1. Section 4(f) properties are significant parks, wildlife refuges, recreation areas, and historic sites protected from transportation uses by federal law. A public art installation with a strong interaction with the land where it is located, such that its artistic expression and impact would be lost if removed, may alter the characteristics of the land and create a “Section 4(f)” property. (See 23 USC 138, 23 USC 303, and 23 USC 774)↩}