HF 433

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to zoning; modifying deadlines for agency 
  1.3             actions; amending Minnesota Statutes 2002, section 
  1.4             15.99. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 15.99, is 
  1.7   amended to read: 
  1.8      15.99 [TIME DEADLINE FOR AGENCY ACTION.] 
  1.9      Subdivision 1.  [DEFINITION DEFINITIONS.] (a) For purposes 
  1.10  of this section, the following terms shall have the meanings 
  1.11  given.  
  1.12     (b) "Agency" means a department, agency, board, commission, 
  1.13  or other group in the executive branch of state government; a 
  1.14  statutory or home rule charter city, county, town, or school 
  1.15  district; any metropolitan agency or regional entity; and any 
  1.16  other political subdivision of the state. 
  1.17     (c) "Request" means a written request related to zoning, 
  1.18  septic systems, or the expansion of the metropolitan urban 
  1.19  service area, for a permit, license, or other governmental 
  1.20  approval of an action.  A request must be submitted in writing 
  1.21  to the clerk or other designated official for the agency on 
  1.22  forms provided by the agency.  If the agency fails to provide a 
  1.23  request form within seven business days of a demand by an 
  1.24  applicant, the request may be submitted in writing by the 
  1.25  applicant using any form so long as the request contains at the 
  2.1   top of the first page a title clearly identifying the specific 
  2.2   zoning, septic system, or expansion of the metropolitan urban 
  2.3   services area-related permit, license, or other governmental 
  2.4   approval being sought.  No request shall be deemed made if not 
  2.5   in compliance with this paragraph.  
  2.6      (d) "Zoning" means a specific request for a conditional use 
  2.7   permit, variance, site plan approval, or other land use 
  2.8   approval, but shall exclude any zoning amendment or amendment to 
  2.9   a comprehensive land use plan.  
  2.10     Subd. 2.  [DEADLINE FOR RESPONSE.] (a) Except as otherwise 
  2.11  provided in this section and notwithstanding any other law to 
  2.12  the contrary or when a different time period is established by 
  2.13  any other law, an agency must approve or deny within 60 days a 
  2.14  written request relating to zoning, septic systems, or expansion 
  2.15  of the metropolitan urban service area for a permit, license, or 
  2.16  other governmental approval of an action.  Failure of an agency 
  2.17  to deny a request within 60 days is approval of the request.  If 
  2.18  an agency denies the request, it must state in writing the 
  2.19  reasons for the denial at the time that it denies the request. 
  2.20     (b) A tie vote of a multimember governing body shall 
  2.21  constitute a denial of a request if the tie vote results from a 
  2.22  member of the governing body abstaining from voting because of a 
  2.23  conflict of interest arising from a direct or indirect financial 
  2.24  interest in the matter before the agency.  The member abstaining 
  2.25  must state on the record the reason for the abstention.  No 
  2.26  additional written reasons for the denial of a request shall be 
  2.27  required when the denial is due to a tie vote under this 
  2.28  paragraph.  
  2.29     (c) When a resolution or properly made motion to approve a 
  2.30  request fails, such failure shall constitute a denial of the 
  2.31  request provided that those voting against the motion state on 
  2.32  the record the reasons why they oppose the request.  
  2.33     (d) Except as provided in paragraph (b), if an agency, 
  2.34  other than a multimember governing body, denies the request, it 
  2.35  must state in writing the reasons for the denial at the time 
  2.36  that it denies the request.  If a multimember governing body 
  3.1   denies a request, it must state the reasons for denial on the 
  3.2   record and provide the applicant in writing a summary of the 
  3.3   reasons for the denial.  The written summary may be provided at 
  3.4   any time following the denial of the request but before the 
  3.5   expiration of the time allowed for making a decision under this 
  3.6   section.  The written summary must be consistent with the 
  3.7   reasons stated in the record at the time of the denial.  
  3.8      Subd. 3.  [APPLICATION; EXTENSIONS.] (a) The time limit in 
  3.9   subdivision 2 begins upon the agency's clerk or designated 
  3.10  official's receipt of a written request containing all 
  3.11  information required by law or by a previously adopted rule, 
  3.12  ordinance, or policy of the agency, including any applicable 
  3.13  fee.  If an agency receives a written request that does not 
  3.14  contain all required information, the 60-day limit starts over 
  3.15  only if the agency sends notice within ten 20 business days of 
  3.16  receipt of the request telling the requester what information is 
  3.17  missing.  Failure to inform the applicant within this 20-day 
  3.18  period of the information that is missing shall not preclude the 
  3.19  agency from using the lack of the required information as a 
  3.20  basis for denying the request. 
  3.21     (b) If an action a request relating to zoning, septic 
  3.22  systems, or expansion of the metropolitan urban service area 
  3.23  requires the approval of more than one state agency in the 
  3.24  executive branch, the 60-day period in subdivision 2 begins to 
  3.25  run for all executive branch agencies on the day a request 
  3.26  containing all required information is received by one state 
  3.27  agency.  The agency receiving the request must forward copies to 
  3.28  other state agencies whose approval is required. 
  3.29     (c) An agency response meets the 60-day time limit if the 
  3.30  agency can document that the response was sent within 60 days of 
  3.31  receipt of the written request. 
  3.32     (d) The time limit in subdivision 2 is extended if a state 
  3.33  statute, federal law, local ordinance, or court order requires 
  3.34  an approval or a process to occur before the agency acts on the 
  3.35  request, and the necessary approval or time periods prescribed 
  3.36  in the state statute, federal law, local ordinance, or court 
  4.1   order make it impossible to act on the request within 60 days.  
  4.2   In cases described in this paragraph, the deadline is extended 
  4.3   to 60 days after the approval or completion of the last process 
  4.4   required in the applicable statute, law, local ordinance, or 
  4.5   order.  Final approval of an agency receiving a request is not 
  4.6   considered a process for purposes of this paragraph. 
  4.7      (e) The time limit in subdivision 2 is extended if:  (1) a 
  4.8   request submitted to a state agency requires prior approval of a 
  4.9   federal agency; or (2) an application submitted to a city, 
  4.10  county, town, school district, metropolitan or regional entity, 
  4.11  or other political subdivision requires prior approval of a 
  4.12  state or federal agency, or a city, county, township, school 
  4.13  district, metropolitan or regional entity, or other political 
  4.14  subdivision.  In cases described in this paragraph, the deadline 
  4.15  for agency action is extended to 60 days after the required 
  4.16  prior approval is granted. 
  4.17     (f) An agency may extend the time limit in subdivision 2 
  4.18  before the end of the initial 60-day period by providing written 
  4.19  notice of the extension to the applicant.  The notification must 
  4.20  state the reasons for the extension and its anticipated length, 
  4.21  which may not exceed 60 days unless approved by the applicant. 
  4.22     (g) An agency is excused from approving or denying a 
  4.23  request within any time period established in this section if 
  4.24  the applicant agrees in writing or verbally to waive or extend 
  4.25  the time period.  
  4.26     Subd. 4.  [ENFORCEMENT.] Any applicant who believes an 
  4.27  agency has violated this section and that approval of the 
  4.28  request should be granted may initiate a mandamus proceeding 
  4.29  pursuant to chapter 586 but approval of the request shall be the 
  4.30  exclusive remedy and no additional damages or penalty may be 
  4.31  awarded to the applicant.  
  4.32     Sec. 2.  [EFFECTIVE DATE.] 
  4.33     This act is effective the day following final enactment.