60-2-211. Bypassing of municipalities -- consent of municipal governing body. (1) The department may not construct highway bypasses or highway relocation projects without prior consent of the governing body of an incorporated municipality when the bypasses or projects:

(a) are not part of the national system of interstate highways built under the National Defense Highway Act; and

(b) divert motor vehicles from an existing highway route through a municipality incorporated prior to January 1, 1965.

(2) The department shall notify the governing body of the municipality by certified mail that it proposes to bypass the municipality. A contract may not be let or work commenced until the governing body notifies the department of its consent or until the elapse of 60 days after the notice has been sent by the department to the municipality, whichever first occurs. The failure of the municipality to act and notify the department of its action within the 60-day period is implied consent to the bypass.

(3) Actual consent or refusal to bypass shall be in the form of a resolution duly adopted by a majority of the members of the governing body of the municipality.

(4) The governing body may not withdraw consent once the department has been notified of the consent.