Minnesota Legislature
HF 1933
2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 03/28/2018 01:55pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/01/2017 | |
| 1st Engrossment | Posted on 03/08/2018 | |
| 2nd Engrossment | Posted on 03/26/2018 |
Current Version - 2nd Engrossment
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A bill for an act
relating to aeronautics; modifying provisions governing airport zoning; amending
Minnesota Statutes 2016, sections 360.013, by adding a subdivision; 360.017,
subdivision 1; 360.021, subdivision 1; 360.062; 360.063, subdivisions 1, 3; 360.064,
subdivision 1; 360.065, subdivision 1; 360.066, subdivision 1; 360.067, by adding
a subdivision; 360.071, subdivision 2; 360.305, subdivision 6; 394.22, by adding
a subdivision; 394.23; 394.231; 394.25, subdivision 3; 462.352, by adding a
subdivision; 462.355, subdivision 1; 462.357, subdivision 9, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 360;
repealing Minnesota Statutes 2016, sections 360.063, subdivision 4; 360.065,
subdivision 2; 360.066, subdivisions 1a, 1b.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 360.013, is amended by adding a subdivision
to read:
new text begin Subd. 46a. new text end
new text begin Comprehensive plan. new text end
new text begin
"Comprehensive plan" has the meaning given in
section 394.22, subdivision 9, or 462.352, subdivision 5.
new text end
Sec. 2.
Minnesota Statutes 2016, section 360.017, subdivision 1, is amended to read:
Subdivision 1.
Creation; authorized disbursements.
(a) There is hereby created a
fund to be known as the state airports fund. The fund shall consist of all money appropriated
to it, or directed to be paid into it, by the legislature.
(b) The state airports fund shall be paid out on authorization of the commissioner and
shall be used:
(1) to acquire, construct, improve, maintain, and operate airports and other air navigation
facilities;
(2) to assist municipalities in the new text begin planning, new text end acquisition, construction, improvement, and
maintenance of airports and other air navigation facilities;
(3) to assist municipalities to initiate, enhance, and market scheduled air service at their
airports;
(4) to promote interest and safety in aeronautics through education and information; and
(5) to pay the salaries and expenses of the Department of Transportation related to
aeronautic planning, administration, and operation. All allotments of money from the state
airports fund for salaries and expenses shall be approved by the commissioner of management
and budget.
deleted text begin
(c) A municipality that adopts a comprehensive plan that the commissioner finds is
incompatible with the state aviation plan is not eligible for assistance from the state airports
fund.
deleted text end
Sec. 3.
Minnesota Statutes 2016, section 360.021, subdivision 1, is amended to read:
Subdivision 1.
Authority to establish.
The commissioner is authorized and empowered,
on behalf of and in the name of this state, within the limitation of available appropriations,
to acquire, by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property,
real or personal, for the purpose of establishing and constructing restricted landing areas
and other air navigation facilities and to acquire in like manner, own, control, establish,
construct, enlarge, improve, maintain, equip, operate, regulate, and police such restricted
landing areas and other air navigation facilities, either within or without this state; and to
make, prior to any such acquisition, investigations, surveys, and plans. The commissioner
may maintain, equip, operate, regulate, and police airports, either within or without this
state. new text begin The operation and maintenance of airports is an essential public service. new text end The
commissioner may maintain at such airports facilities for the servicing of aircraft and for
the comfort and accommodation of air travelers. The commissioner may dispose of any
such property, airport, restricted landing area, or any other air navigation facility, by sale,
lease, or otherwise, in accordance with the laws of this state governing the disposition of
other like property of the state. The commissioner may not acquire or take over any restricted
landing area, or other air navigation facility without the consent of the owner. The
commissioner shall not acquire any additional state airports nor establish any additional
state-owned airports. The commissioner may erect, equip, operate, and maintain on any
airport buildings and equipment necessary and proper to maintain, and conduct such airport
and air navigation facilities connected therewith. The commissioner shall not expend money
for land acquisition, or for the construction, improvement, or maintenance of airports, or
for air navigation facilities for an airport, unless the deleted text begin governmental unitdeleted text end new text begin municipality, county,
or joint airport zoning boardnew text end involved has or is establishing a zoning authority for that
airport, and the authority has made a good-faith showing that it is in the process of and will
complete with due diligence, an airport zoning ordinance in accordance with sections 360.061
to 360.074. new text begin The commissioner may provide funds to support airport safety projects that
maintain existing infrastructure, regardless of a zoning authority's efforts to complete a
zoning regulation. The commissioner may withhold funding from only the airport subject
to the proposed zoning ordinance. new text end Notwithstanding the foregoing prohibition, the
commissioner may continue to maintain the state-owned airport at Pine Creek.
Sec. 4.
Minnesota Statutes 2016, section 360.062, is amended to read:
360.062 AIRPORT HAZARD PREVENTION; PROTECTING EXISTING
deleted text begin NEIGHBORHOODdeleted text end new text begin LAND USESnew text end .
(a) It is hereby found that an airport hazard endangers the lives and property of users of
the airport and of occupants of land in its vicinity, and may reduce the size of the area
available for the landing, takeoff, and maneuvering of aircraft, thereby impairing the utility
of the airport and the public investment therein. It is also found that the social and financial
costs of disrupting existing land uses around airports deleted text begin in built up urban areas, particularly
established residential neighborhoods,deleted text end often outweigh the benefits of a reduction in airport
hazards that might result from the elimination or removal of those uses.
(b) Accordingly, it is hereby declared: (1) deleted text begin thatdeleted text end the creation or establishment of an airport
hazard is a public nuisance and an injury to the community served by the airport in question;
(2) deleted text begin thatdeleted text end it is deleted text begin therefordeleted text end necessary in the interest of the public health, public safety, and general
welfare that the creation or establishment of airport hazards be prevented and that this should
be accomplished to the extent legally possible, by exercise of the police power, without
compensation; and (3) deleted text begin thatdeleted text end the elimination or removal of existing land usesdeleted text begin , particularly
established residential neighborhoods in built-up urban areas,deleted text end or their designation as
nonconforming uses is not in the public interest and should be avoided whenever possible
consistent with reasonable standards of safety.
(c) It is further declared that the prevention of the creation or establishment of airport
hazards and the elimination, removal, alteration, mitigation, or marking and lighting of
existing airport hazards are new text begin essential new text end public deleted text begin purposesdeleted text end new text begin servicesnew text end for which political subdivisions
may raise and expend public funds and acquire land or property interests therein.
Sec. 5.
Minnesota Statutes 2016, section 360.063, subdivision 1, is amended to read:
Subdivision 1.
Enforcement under police power.
(a) In order to prevent the creation
or establishment of airport hazards, every municipality having an airport hazard area within
its territorial limits may, unless a joint airport zoning board is permitted under subdivision
3, adopt, amend from time to time, administer, and enforce, under the police power and in
the manner and upon the conditions hereinafter prescribed, airport zoning regulations for
such airport hazard area, which regulations may divide such area into zones, and, within
such zones, specify the land uses permitted and regulate and restrict the height to which
structures and trees may be erected or allowed to grow.
(b) deleted text begin For the purpose of promotingdeleted text end new text begin In order to promotenew text end health, safety, order, convenience,
prosperity, general welfare and deleted text begin for conservingdeleted text end new text begin to conservenew text end property values and deleted text begin encouragingdeleted text end new text begin
encouragenew text end the most appropriate use of land, the municipality may regulate deleted text begin the location, size
and use of buildings and the density of population in that portion of an airport hazard area
under approach zones for a distance not to exceed two miles from the airport boundary and
in other portions of andeleted text end new text begin innew text end airport hazard deleted text begin area may regulate by land use zoning for a distance
not to exceed one mile from the airport boundary, and by height-restriction zoning for a
distance not to exceed 1-1/2 miles from the airport boundarydeleted text end new text begin areas: (1) land use; (2) height
restrictions; (3) the location, size, and use of buildings; and (4) the density of populationnew text end .
(c) The powers granted by this subdivision may be exercised by metropolitan airports
commissions in contiguous cities of the first class in and for which they have been created.
(d) In the case of airports owned or operated by the state of Minnesota such powers shall
be exercised by the state airport zoning boards or by the commissioner of transportation as
authorized herein.
Sec. 6.
Minnesota Statutes 2016, section 360.063, subdivision 3, is amended to read:
Subd. 3.
Joint airport zoning board.
(a) Where an airport is owned or controlled by a
municipality and an airport hazard area appertaining to the airport is located within the
territorial limits of another county or municipality, the municipality owning or controlling
the airport may request a county or municipality in which an airport hazard area is located:
(1) to adopt and enforce airport zoning regulations for the area in question deleted text begin that conform
to standards prescribed by the commissioner pursuant to subdivision 4deleted text end new text begin under sections
360.0655 and 360.0656new text end ; or
(2) to join in creating a joint airport zoning board pursuant to paragraph (b). The owning
or controlling municipality shall determine which of these actions it shall request, except
as provided in paragraph (e) for the Metropolitan Airports Commission. The request shall
be made by certified mail to the governing body of each county and municipality in which
an airport hazard area is located.
(b) Where an airport is owned or controlled by a municipality and an airport hazard area
appertaining to the airport is located within the territorial limits of another county or
municipality, the municipality owning or controlling the airport and the county or other
municipality within which the airport hazard area is located may, by ordinance or resolution
duly adopted, create a joint airport zoning board, which board shall have the same power
to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard
area in question as that vested by subdivision 1 in the municipality within which the area
is located. A joint board shall have as members two representatives appointed by the
municipality owning or controlling the airport and two from the county or municipality, or
in case more than one county or municipality is involved two from each county or
municipality, in which the airport hazard is located, and in addition a chair elected by a
majority of the members so appointed. All members shall serve at the pleasure of their
respective appointing authority. Notwithstanding any other provision of law to the contrary,
if the owning and controlling municipality is a city of the first class it shall appoint four
members to the board, and the chair of the board shall be elected from the membership of
the board.
(c) If a county or municipality, within 60 days of receiving a request from an owning
or controlling municipality pursuant to paragraph (a), fails to adopt, or thereafter fails to
enforce, the zoning regulations or fails to join in creating a joint airport zoning board, the
owning or controlling municipality, or a joint airport zoning board created without
participation by the subdivisions which fail to join the board, may itself adopt, administer,
and enforce airport zoning regulations for the airport hazard area in question. In the event
of conflict between the regulations and airport zoning regulations adopted by the county or
municipality within which the airport hazard area is located, section 360.064, subdivision
2, applies.
(d) "Owning or controlling municipality," as used in this subdivision, includes:
(1) a joint airport operating board created pursuant to section 360.042 that has been
granted all the powers of a municipality in zoning matters under the agreement creating the
board;
(2) a joint airport operating board created pursuant to section 360.042 that has not been
granted zoning powers under the agreement creating the board; provided that the board shall
not itself adopt zoning regulations nor shall a joint airport zoning board created at its request
adopt zoning regulations unless all municipalities that created the joint operating board join
to create the joint zoning board; and
(3) the Metropolitan Airports Commission established and operated pursuant to chapter
473.
(e) The Metropolitan Airports Commission shall request creation of one joint airport
zoning board for each airport operated under its authority.
Sec. 7.
Minnesota Statutes 2016, section 360.064, subdivision 1, is amended to read:
Subdivision 1.
Comprehensive regulations.
In the event that a municipality has adopted,
or hereafter adopts, a comprehensive zoning ordinance regulating, among other things the
height of buildings, any airport zoning regulations applicable to the same area or portion
thereof deleted text begin maydeleted text end new text begin mustnew text end be new text begin incorporated by reference ornew text end incorporated in and made a part of such
comprehensive zoning regulations and be administered and enforced in connection therewith.
Sec. 8.
Minnesota Statutes 2016, section 360.065, subdivision 1, is amended to read:
Subdivision 1.
Notice of proposed zoning regulations, hearing.
new text begin (a) new text end No airport zoning
regulations shall be adopted, amended, or changed under sections 360.011 to 360.076,
except by action of the governing body of the municipality deleted text begin ordeleted text end new text begin ,new text end county deleted text begin in questiondeleted text end , new text begin or joint
airport zoning board under section 360.0655 or 360.0656, new text end or the boards provided for in
section 360.063, subdivisions 3 and 7, or by the commissioner as provided in subdivisions
6 and 8deleted text begin , after public hearings, at which parties in interest and citizens shall have an
opportunity to be hearddeleted text end .
new text begin (b)new text end A public hearing deleted text begin shalldeleted text end new text begin mustnew text end be held on the deleted text begin proposeddeleted text end new text begin airport zoningnew text end regulations
new text begin proposed by a municipality, county, or joint airport zoning board new text end before they are submitted
deleted text begin for approvaldeleted text end to the commissioner deleted text begin and after that approval but before final adoption by the
local zoning authoritydeleted text end new text begin for approvalnew text end .new text begin If any changes that alter the regulations placed on a
parcel of land are made to the proposed airport zoning regulations after the initial public
hearing, the municipality, county, or joint airport zoning board must hold a second public
hearing before final adoption of the regulation. The commissioner may require a second
hearing as determined necessary.
new text end
new text begin (c)new text end Notice of a hearing deleted text begin required pursuant to this subdivision shalldeleted text end new text begin mustnew text end be published by
the deleted text begin local zoning authoritydeleted text end new text begin municipality, county, or joint airport zoning boardnew text end at least three
times during the period between 15 days and five days before the hearing in an official
newspaper and in a second newspaper designated by that authority which has a wide general
circulation in the area affected by the proposed regulationsnew text begin and posted on the municipality's,
county's, or joint airport zoning board's Web sitenew text end . new text begin If there is not a second newspaper of wide
general circulation in the area that the municipality, county, or joint airport zoning board
can designate for the notice, the municipality, county, or joint airport zoning board is only
required to publish the notice once in the official newspaper of the jurisdiction.new text end The notice
shall not be published in the legal notice section of a newspaper.new text begin The notice must specify
the time, location, and purpose of the hearing, and must identify any additional location and
time the proposed regulations will be available for public inspection. A copy of the published
notice must be added to the record of the proceedings.
new text end
new text begin (d)new text end Notice of a hearing deleted text begin shall also be mailed to the governing body of each political
subdivision in which property affected by the regulations is located. Notice shalldeleted text end new text begin mustnew text end be
given by mail at least deleted text begin 15deleted text end new text begin tennew text end days before each hearing to deleted text begin anydeleted text end persons deleted text begin in municipalities that
own land proposed to be included in safety zone A or B as provided in the rules of the
Department of Transportationdeleted text end and new text begin landowners where the location or size of a building, or
the density of population, will be regulated. Mailed notice must also be provided at least
ten days before each hearing new text end to persons or municipalities that have previously requested
such notice from the deleted text begin authoritydeleted text end new text begin municipality, county, or joint airport zoning boardnew text end . new text begin The notice
must specify the time, location, and purpose of the hearing, and must identify any additional
location and time the proposed regulations will be made available for public inspection.
Mailed notice must also identify the property affected by the regulations. new text end For the purpose
of deleted text begin givingdeleted text end new text begin providingnew text end mailed notice, the deleted text begin authoritydeleted text end new text begin municipality, county, or joint airport zoning
boardnew text end may use any appropriate records to determine the names and addresses of owners. A
copy of the notice and a list of the owners and addresses to which the notice was sent deleted text begin shall
be attested to by the responsible person and shalldeleted text end new text begin mustnew text end be deleted text begin made a part ofdeleted text end new text begin added tonew text end the records
of the proceedings. deleted text begin Thedeleted text end Failure to deleted text begin givedeleted text end new text begin providenew text end mailed notice to individual property ownersdeleted text begin ,deleted text end
or deleted text begin defectsdeleted text end new text begin a defectnew text end in the noticedeleted text begin , shalldeleted text end new text begin doesnew text end not invalidate the proceedingsdeleted text begin ; provideddeleted text end new text begin ifnew text end a
bona fide attempt to comply with this subdivision deleted text begin has beendeleted text end new text begin wasnew text end made. deleted text begin A notice shall describe
the property affected by the proposed regulations and the restrictions to be imposed on the
property by the regulations and shall state the place and time at which the proposed
regulations are available for public inspection.
deleted text end
Sec. 9.
new text begin
[360.0655] AIRPORT ZONING REGULATIONS BASED ON
COMMISSIONER'S STANDARDS; SUBMISSION PROCESS.
new text end
new text begin Subdivision 1. new text end
new text begin Submission to commissioner; review. new text end
new text begin
(a) Except as provided in section
360.0656, prior to adopting zoning regulations, the municipality, county, or joint airport
zoning board must submit the proposed regulations to the commissioner for the commissioner
to determine whether the regulations conform to the standards prescribed by the
commissioner. The municipality, county, or joint airport zoning board may elect to complete
custom airport zoning under section 360.0656 instead of using the commissioner's standard,
but only after providing written notice to the commissioner.
new text end
new text begin
(b) Notwithstanding section 15.99, the commissioner must examine the proposed
regulations within 90 days of receipt of the regulations and report to the municipality, county,
or joint airport zoning board the commissioner's approval or objections, if any. Failure to
respond within 90 days is deemed an approval. The commissioner may request additional
information from the municipality, county, or joint airport zoning board within the 90-day
review period. If the commissioner requests additional information, the 90-day review period
is tolled until the commissioner receives information and deems the information satisfactory.
new text end
new text begin
(c) If the commissioner objects on the grounds that the regulations do not conform to
the standards prescribed by the commissioner, the municipality, county, or joint airport
zoning board must make amendments necessary to resolve the objections or provide written
notice to the commissioner that the municipality, county, or joint airport zoning board will
proceed with zoning under section 360.0656.
new text end
new text begin
(d) If the municipality, county, or joint airport zoning board makes revisions to the
proposed regulations after its initial public hearing, the municipality, county, or joint airport
zoning board must conduct a second public hearing on the revisions and resubmit the revised
proposed regulations to the commissioner for review. The commissioner must examine the
revised proposed regulations within 90 days of receipt to determine whether the revised
proposed regulations conform to the standards prescribed by the commissioner.
new text end
new text begin
(e) If, after a second review period, the commissioner determines that the municipality,
county, or joint airport zoning board failed to submit proposed regulations that conform to
the commissioner's standards, the commissioner must provide a final written decision to
the municipality, county, or joint airport zoning board.
new text end
new text begin
(f) The municipality, county, or joint airport zoning board must not adopt regulations
or take other action until the proposed regulations are approved by the commissioner.
new text end
new text begin
(g) The commissioner may approve local zoning ordinances that are more stringent than
the commissioner's standards.
new text end
new text begin
(h) If the commissioner approves the proposed regulations, the municipality, county, or
joint airport zoning board may adopt the regulations.
new text end
new text begin
(i) A copy of the adopted regulations must be filed with the county recorder in each
county that contains a zoned area subject to the regulations.
new text end
new text begin
(j) Substantive rights that existed and had been exercised prior to August 1, 2018, are
not affected by the filing of the regulations.
new text end
new text begin Subd. 2. new text end
new text begin Protection of existing land uses. new text end
new text begin
(a) In order to ensure minimum disruption
of existing land uses, the commissioner's airport zoning standards and local airport zoning
ordinances or regulations adopted under section 360.0655 must distinguish between the
creation or establishment of a use and the elimination of an existing use, and must avoid
the elimination, removal, or reclassification of existing uses to the extent consistent with
reasonable safety standards. The commissioner's standards must include criteria for
determining when an existing land use may constitute an airport hazard so severe that public
safety considerations outweigh the public interest in preventing disruption to that land use.
new text end
new text begin
(b) Airport zoning regulations that classify as a nonconforming use or require
nonconforming use classification with respect to any existing low-density structure or
existing isolated low-density building lots must be adopted under sections 360.061 to
360.074.
new text end
new text begin
(c) A local airport zoning authority may classify a land use described in paragraph (b)
as an airport hazard if the authority finds that the classification is justified by public safety
considerations and is consistent with the commissioner's airport zoning standards. Any land
use described in paragraph (b) that is classified as an airport hazard must be acquired, altered,
or removed at public expense.
new text end
new text begin
(d) This subdivision must not be construed to affect the classification of any land use
under any zoning ordinances or regulations not adopted under sections 360.061 to 360.074.
new text end
Sec. 10.
new text begin
[360.0656] CUSTOM AIRPORT ZONING STANDARDS.
new text end
new text begin Subdivision 1. new text end
new text begin Custom airport zoning standards; factors. new text end
new text begin
(a) Notwithstanding section
360.0655, a municipality, county, or joint airport zoning board must provide notice to the
commissioner when the municipality, county, or joint airport zoning board intends to establish
and adopt custom airport zoning regulations under this section.
new text end
new text begin
(b) Airport zoning regulations submitted to the commissioner under this subdivision are
not subject to the commissioner's zoning regulations under section 360.0655 or Minnesota
Rules, part 8800.2400.
new text end
new text begin
(c) When developing and adopting custom airport zoning regulations under this section,
the municipality, county, or joint airport zoning board must include in the record a detailed
analysis that explains how the proposed custom airport zoning regulations addressed the
following factors to ensure a reasonable level of safety:
new text end
new text begin
(1) the location of the airport, the surrounding land uses, and the character of
neighborhoods in the vicinity of the airport, including:
new text end
new text begin
(i) the location of vulnerable populations, including schools, hospitals, and nursing
homes, in the airport hazard area;
new text end
new text begin
(ii) the location of land uses that attract large assemblies of people in the airport hazard
area;
new text end
new text begin
(iii) the availability of contiguous open spaces in the airport hazard area;
new text end
new text begin
(iv) the location of wildlife attractants in the airport hazard area;
new text end
new text begin
(v) airport ownership or control of the federal Runway Protection Zone and the
department's Clear Zone;
new text end
new text begin
(vi) land uses that create or cause interference with the operation of radio or electronic
facilities used by the airport or aircraft;
new text end
new text begin
(vii) land uses that make it difficult for pilots to distinguish between airport lights and
other lights, result in glare in the eyes of pilots using the airport, or impair visibility in the
vicinity of the airport;
new text end
new text begin
(viii) land uses that otherwise inhibit a pilot's ability to land, take off, or maneuver the
aircraft;
new text end
new text begin
(ix) airspace protection to prevent the creation of air navigation hazards in the airport
hazard area; and
new text end
new text begin
(x) the social and economic costs of restricting land uses;
new text end
new text begin
(2) the airport's type of operations and how the operations affect safety surrounding the
airport;
new text end
new text begin
(3) the accident rate at the airport compared to a statistically significant sample, including
an analysis of accident distribution based on the rate with a higher accident incidence;
new text end
new text begin
(4) the planned land uses within an airport hazard area, including any applicable platting,
zoning, comprehensive plan, or transportation plan; and
new text end
new text begin
(5) any other information relevant to safety or the airport.
new text end
new text begin Subd. 2. new text end
new text begin Submission to commissioner; review. new text end
new text begin
(a) Except as provided in section
360.0655, prior to adopting zoning regulations, the municipality, county, or joint airport
zoning board must submit its proposed regulations and the supporting record to the
commissioner for review. The commissioner must determine whether the proposed custom
airport zoning regulations and supporting record (1) evaluate the criteria under subdivision
1, and (2) provide a reasonable level of safety.
new text end
new text begin
(b) Notwithstanding section 15.99, the commissioner must examine the proposed
regulations within 90 days of receipt of the regulations and report to the municipality, county,
or joint airport zoning board the commissioner's approval or objections, if any. Failure to
respond within 90 days is deemed an approval. The commissioner may request additional
information from the municipality, county, or joint airport zoning board within the 90-day
review period.
new text end
new text begin
(c) If the commissioner objects on the grounds that the regulations do not provide a
reasonable level of safety, the municipality, county, or joint airport zoning board must
review, consider, and provide a detailed explanation demonstrating how it evaluated the
objections and what action it took or did not take in response to the objections. If the
municipality, county, or joint airport zoning board submits amended regulations after its
initial public hearing, the municipality, county, or joint airport zoning board must conduct
a second public hearing on the revisions and resubmit the revised proposed regulations to
the commissioner for review. The commissioner must examine the revised proposed
regulations within 90 days of receipt of the regulations. If the commissioner requests
additional information, the 90-day review period is tolled until satisfactory information is
received by the commissioner. Failure to respond within 90 days is deemed an approval.
new text end
new text begin
(d) If, after the second review period, the commissioner determines that the municipality,
county, or joint airport zoning board failed to submit proposed regulations that provide a
reasonable safety level, the commissioner must provide a final written decision to the
municipality, county, or joint airport zoning board.
new text end
new text begin
(e) A municipality, county, or joint airport zoning board is prohibited from adopting
custom regulations or taking other action until the proposed regulations are approved by
the commissioner.
new text end
new text begin
(f) If the commissioner approves the proposed regulations, the municipality, county, or
joint airport zoning board may adopt the regulations.
new text end
new text begin
(g) A copy of the adopted regulations must be filed with the county recorder in each
county that contains a zoned area subject to the regulations.
new text end
new text begin
(h) Substantive rights that existed and had been exercised prior to August 1, 2018, are
not affected by the filing of the regulations.
new text end
Sec. 11.
Minnesota Statutes 2016, section 360.066, subdivision 1, is amended to read:
Subdivision 1.
Reasonableness.
deleted text begin Standards of the commissionerdeleted text end new text begin Zoning standardsnew text end defining
airport hazard areas and the categories of uses permitted and airport zoning regulations
adopted under sections 360.011 to 360.076, shall be reasonable, and none shall impose a
requirement or restriction which is not reasonably necessary to effectuate the purposes of
sections 360.011 to 360.076. deleted text begin In determining what minimum airport zoning regulations may
be adopted, the commissioner and a local airport zoning authority shall consider, among
other things, the character of the flying operations expected to be conducted at the airport,
the location of the airport, the nature of the terrain within the airport hazard area, the existing
land uses and character of the neighborhood around the airport, the uses to which the property
to be zoned are planned and adaptable, and the social and economic costs of restricting land
uses versus the benefits derived from a strict application of the standards of the commissioner.
deleted text end
Sec. 12.
Minnesota Statutes 2016, section 360.067, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Federal no hazard determination. new text end
new text begin
(a) Notwithstanding subdivisions 1 and 2,
a municipality, county, or joint airport zoning board may include in its custom airport zoning
regulations adopted under section 360.0656 an option to permit construction of a structure,
an increase or alteration of the height of a structure, or the growth of an existing tree without
a variance from height restrictions if the Federal Aviation Administration has analyzed the
proposed construction, alteration, or growth under Code of Federal Regulations, title 14,
part 77, and has determined the proposed construction, alteration, or growth does not:
new text end
new text begin
(1) pose a hazard to air navigation;
new text end
new text begin
(2) require changes to airport or aircraft operations; or
new text end
new text begin
(3) require any mitigation conditions by the Federal Aviation Administration that cannot
be satisfied by the landowner.
new text end
new text begin
(b) A municipality, county, or joint airport zoning board that permits an exception to
height restrictions under this subdivision must require the applicant to file the Federal
Aviation Administration's no hazard determination with the applicable zoning administrator.
The applicant must obtain written approval of the zoning administrator before construction,
alteration, or growth may occur. Failure of the administrator to respond within 60 days to
a filing under this subdivision is deemed a denial. The Federal Aviation Administration's
no hazard determination does not apply to requests for variation from land use, density, or
any other requirement unrelated to the height of structures or the growth of trees.
new text end
Sec. 13.
Minnesota Statutes 2016, section 360.071, subdivision 2, is amended to read:
Subd. 2.
Membership.
new text begin (a) new text end Where a zoning board of appeals or adjustment already exists,
it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall
consist of five members, each to be appointed for a term of three years by the authority
adopting the regulations and to be removable by the appointing authority for cause, upon
written charges and after public hearing. new text begin The length of initial appointments may be staggered.
new text end
new text begin (b) new text end In the case of a Metropolitan Airports Commission, five members shall be appointed
by the commission new text begin chair new text end from the area in and for which the commission was created, any
of whom may be members of the commission. In the case of an airport owned or operated
by the state of Minnesota, the board of commissioners of the county, or counties, in which
the airport hazard area is located shall constitute the airport board of adjustment and shall
exercise the powers and duties of such board as provided herein.
Sec. 14.
Minnesota Statutes 2016, section 360.305, subdivision 6, is amended to read:
Subd. 6.
Zoning required.
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end not expend money for new text begin planning
or new text end land acquisition, deleted text begin ordeleted text end for the construction, improvement, or maintenance of airports, or for
air navigation facilities for an airport, unless the deleted text begin governmental unitdeleted text end new text begin municipality, county,
or joint airport zoning boardnew text end involved has or is establishing a zoning authority for that
airport, and the authority has made a good-faith showing that it is in the process of and will
complete with due diligence, an airport zoning ordinance in accordance with sections 360.061
to 360.074. new text begin The commissioner may provide funds to support airport safety projects that
maintain existing infrastructure, regardless of a zoning authority's efforts to complete a
zoning regulation. new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end make maximum use of zoning and easements
to eliminate runway and other potential airport hazards rather than land acquisition in fee.
Sec. 15.
Minnesota Statutes 2016, section 394.22, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Airport safety zone. new text end
new text begin
"Airport safety zone" means an area subject to land use
zoning controls adopted under sections 360.061 to 360.074 if the zoning controls regulate
(1) the size or location of buildings, or (2) the density of population.
new text end
Sec. 16.
Minnesota Statutes 2016, section 394.23, is amended to read:
394.23 COMPREHENSIVE PLAN.
The board has the power and authority to prepare and adopt by ordinance, a
comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be
the basis for official controls adopted under the provisions of sections 394.21 to 394.37.
The commissioner of natural resources must provide the natural heritage data from the
county biological survey, if available, to each county for use in the comprehensive plan.
When adopting or updating the comprehensive plan, the board must, if the data is available
to the county, consider natural heritage data resulting from the county biological survey. In
a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision
10b, the board must consider adopting goals and objectives that will protect open space and
the environment.new text begin The board must consider the location and dimensions of airport safety
zones in any portion of the county, and of any airport improvements, identified in the airport's
most recent approved airport layout plan.
new text end
Sec. 17.
Minnesota Statutes 2016, section 394.231, is amended to read:
394.231 COMPREHENSIVE PLANS IN GREATER MINNESOTA; OPEN SPACE.
A county adopting or updating a comprehensive plan in a county outside the metropolitan
area as defined by section 473.121, subdivision 2, and that is not a greater than 80 percent
area, as defined in section 103G.005, subdivision 10b, shall consider adopting goals and
objectives for the preservation of agricultural, forest, wildlife, and open space land, and
minimizing development in sensitive shoreland areas. Within three years of updating the
comprehensive plan, the county shall consider adopting ordinances as part of the county's
official controls that encourage the implementation of the goals and objectives. The county
shall consider the following goals and objectives:
(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and
open space lands, including consideration of appropriate minimum lot sizes;
(2) minimizing further development in sensitive shoreland areas;
(3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;
new text begin
(4) encouraging land uses in airport safety zones that are compatible with the safe
operation of the airport and the safety of people in the vicinity of the airport;
new text end
deleted text begin (4)deleted text end new text begin (5)new text end identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services, and
to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;
deleted text begin (5)deleted text end new text begin (6)new text end encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;
deleted text begin (6)deleted text end new text begin (7)new text end identification of areas where other developments are appropriate; and
deleted text begin (7)deleted text end new text begin (8)new text end other goals and objectives a county may identify.
Sec. 18.
Minnesota Statutes 2016, section 394.25, subdivision 3, is amended to read:
Subd. 3.
In district zoning, maps.
Within each such district zoning ordinances or maps
may also be adopted designating or limiting the location, height, width, bulk, type of
foundation, number of stories, size of, and the specific uses for which dwellings, buildings,
and structures may be erected or altered; the minimum and maximum size of yards, courts,
or other open spaces; setback from existing roads and highways and roads and highways
designated on an official map; protective measures necessary to protect the public interest
including but not limited to controls relating to appearance, signs, lighting, hours of operation
and other aesthetic performance characteristics including but not limited to noise, heat,
glare, vibrations and smoke; the area required to provide for off street loading and parking
facilities; heights of trees and structures near airports; and to avoid too great concentration
or scattering of the population. All such provisions shall be uniform for each class of land
or building throughout each district, but the provisions in one district may differ from those
in other districts. No provision may prohibit earth sheltered construction as defined in section
216C.06, subdivision 14, or manufactured homes built in conformance with sections 327.31
to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section.new text begin
Airport safety zones must be included on maps that illustrate boundaries of zoning districts
and that are adopted as official controls.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2018, and applies to maps
created or updated under this section on or after that date.
new text end
Sec. 19.
Minnesota Statutes 2016, section 462.352, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Airport safety zone. new text end
new text begin
"Airport safety zone" has the meaning given in section
394.22, subdivision 1a.
new text end
Sec. 20.
Minnesota Statutes 2016, section 462.355, subdivision 1, is amended to read:
Subdivision 1.
Preparation and review.
The planning agency shall prepare the
comprehensive municipal plan. In discharging this duty the planning agency shall consult
with and coordinate the planning activities of other departments and agencies of the
municipality to insure conformity with and to assist in the development of the comprehensive
municipal plan. In its planning activities the planning agency shall take due cognizance of
the planning activities of adjacent units of government and other affected public agencies.
The planning agency shall periodically review the plan and recommend amendments
whenever necessary. When preparing or recommending amendments to the comprehensive
plan, the planning agency of a municipality located within a county that is not a greater than
80 percent area, as defined in section 103G.005, subdivision 10b, must consider adopting
goals and objectives that will protect open space and the environment.new text begin When preparing or
recommending amendments to the comprehensive plan, the planning agency must consider
(1) the location and dimensions of airport safety zones in any portion of the municipality,
and (2) any airport improvements identified in the airport's most recent approved airport
layout plan.
new text end
Sec. 21.
Minnesota Statutes 2016, section 462.357, is amended by adding a subdivision
to read:
new text begin Subd. 1i. new text end
new text begin Airport safety zones on zoning maps. new text end
new text begin
Airport safety zones must be included
on maps that illustrate boundaries of zoning districts and that are adopted as official controls.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2018, and applies to maps
created or updated under this section on or after that date.
new text end
Sec. 22.
Minnesota Statutes 2016, section 462.357, subdivision 9, is amended to read:
Subd. 9.
Development goals and objectives.
In adopting official controls after July 1,
2008, in a municipality outside the metropolitan area, as defined by section 473.121,
subdivision 2, the municipality shall consider restricting new residential, commercial, and
industrial development so that the new development takes place in areas subject to the
following goals and objectives:
(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and
open space lands, including consideration of appropriate minimum lot sizes;
(2) minimizing further development in sensitive shoreland areas;
(3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;
new text begin
(4) encouraging land uses in airport safety zones that are compatible with the safe
operation of the airport and the safety of people in the vicinity of the airport;
new text end
deleted text begin (4)deleted text end new text begin (5)new text end identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services, and
to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;
deleted text begin (5)deleted text end new text begin (6)new text end encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;
deleted text begin (6)deleted text end new text begin (7)new text end identification of areas where other developments are appropriate; and
deleted text begin (7)deleted text end new text begin (8)new text end other goals and objectives a municipality may identify.
Sec. 23. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2016, sections 360.063, subdivision 4; 360.065, subdivision 2; and
360.066, subdivisions 1a and 1b,
new text end
new text begin
are repealed.
new text end
Sec. 24. new text begin APPLICATION.
new text end
new text begin
(a) This act is effective August 1, 2018, and applies to airport sponsors that make or
plan to make changes to runway lengths or configurations on or after that date.
new text end
new text begin
(b) This act does not apply to airports that (1) have airport safety zoning ordinances
approved by this commissioner in effect on August 1, 2018; (2) have not made and are not
planning to make changes to runway lengths or configurations; and (3) are not required to
update airport safety zoning ordinances.
new text end
APPENDIX
Repealed Minnesota Statutes: H1933-2
360.063 AIRPORT ZONING; AUTHORITY, PROCEDURE.
Subd. 4.
Airport approach.
The commissioner may recommend an airport approach plan for each publicly owned airport in the state and for each privately owned airport of the publicly owned class and from time to time recommend revisions of the plan. A plan shall indicate the circumstances in which structures or trees are or would be airport hazards, the airport hazard area, and what measures should be taken to eliminate airport hazards. The commissioner shall prescribe airport approach and turning standards for airports of various classes, and airport zoning regulations adopted by a municipality, county, or joint airport zoning board shall conform to the standards, except as provided in sections 360.065 and 360.066.
360.065 AIRPORT ZONING; ADOPTION AND APPROVAL OF PROPOSED REGULATIONS.
Subd. 2.
Regulations submitted to commissioner.
Prior to adopting zoning regulations for an airport hazard area under sections 360.011 to 360.076, the municipality, county, or joint airport zoning board which is to adopt the regulations shall submit its proposed regulations to the commissioner in order that the commissioner may determine whether it conforms to the standards prescribed by the commissioner. The commissioner shall immediately examine the proposed regulations and report to the municipality, county, or joint airport zoning board the commissioner's approval, or objections, if any. If objections are made by the commissioner on the ground that the regulations do not conform to the standards prescribed by the commissioner for the class of airport involved, the municipality, county, or joint zoning board shall make amendments as are necessary to meet the objections unless it demonstrates that the social and economic costs of restricting land uses in accordance with the standards outweigh the benefits of a strict application of the standards. The governing body of the municipality or county or the joint airport zoning board shall not adopt the regulations or take other action until the proposed regulations are approved by the commissioner. The commissioner may approve local zoning ordinances that are more stringent than the standards. A copy of the regulations as adopted shall be filed with the county recorder in each county in which the zoned area is located.
Substantive rights existing prior to the passage of this subdivision and previously exercised are not affected by the filing of the regulations.
360.066 AIRPORT ZONING; MINIMUM STANDARDS, LAND USES.
Subd. 1a.
Protection of existing neighborhood.
(a) In order to ensure the minimum disruption of existing land uses, particularly established residential neighborhoods in built-up urban areas, the airport zoning standards of the commissioner and the local airport zoning ordinances or regulations adopted under sections 360.061 to 360.074 shall distinguish between the creation or establishment of a use and the elimination of an existing use, and shall avoid the elimination, removal, or reclassification of existing uses to the extent consistent with reasonable standards of safety. The standards of the commissioner shall include criteria for determining when an existing land use may constitute an airport hazard so severe that considerations of public safety outweigh the public interest in preventing disruption to that land use.
(b) No airport zoning standards or local airport zoning ordinances or regulations shall be adopted pursuant to sections 360.061 to 360.074 that classify as a nonconforming use or require such classification with respect to any low-density residential structure or isolated low-density residential building lots existing on January 1, 1978 in an established residential neighborhood.
(c) A local airport zoning authority may classify a land use described in paragraph (b) as an airport hazard if that authority finds that this classification is justified by considerations of public safety and is consistent with the airport zoning standards of the commissioner. Any land use described in paragraph (b) which is classified as an airport hazard shall be acquired, altered, or removed at public expense.
(d) The provisions of this subdivision shall not be construed to affect the classification of any land use under any zoning ordinances or regulations not adopted pursuant to sections 360.061 to 360.074.
Subd. 1b.
Amendment of standards.
Within nine months after March 29, 1978, the commissioner shall amend the standards defining airport hazard areas and categories of uses permitted therein to conform with the requirements of Laws 1978, chapter 654. Until the commissioner adopts amended standards as required by this subdivision the unamended standards, insofar as they require classification of any residential property as a nonconforming use contrary to the provisions of subdivision 1a, paragraph (b), shall be without force or effect.