HF 568

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to cities; authorizing certain cities an
additional 30 days to approve or deny certain
regulatory actions; amending Minnesota Statutes 2004,
section 15.99.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 15.99, is
amended to read:

15.99 TIME DEADLINE FOR AGENCY ACTION.

Subdivision 1.

Definitions.

(a) For purposes of this
section, the following terms shall have the meanings given.

(b) "Agency" means a department, agency, board, commission,
or other group in the executive branch of state government; a
statutory or home rule charter city, county, town, or school
district; any metropolitan agency or regional entity; and any
other political subdivision of the state.

(c) "Request" means a written application related to
zoning, septic systems, or the expansion of the metropolitan
urban service area, for a permit, license, or other governmental
approval of an action. A request must be submitted in writing
to the agency on an application form provided by the agency, if
one exists. The agency may reject as incomplete a request not
on a form of the agency if the request does not include
information required by the agency. A request not on a form of
the agency must clearly identify on the first page the specific
permit, license, or other governmental approval being sought.
No request shall be deemed made if not in compliance with this
paragraph.

(d) "Applicant" means a person submitting a request under
this section. An applicant may designate a person to act on the
applicant's behalf regarding a request under this section and
any action taken by or notice given to the applicant's designee
related to the request shall be deemed taken by or given to the
applicant.

Subd. 2.

Deadline for response.

(a) Except as otherwise
provided in this section, section 462.358, subdivision 3b, or
chapter 505, and notwithstanding any other law to the contrary,
an agency must approve or deny within 60 days new text begin , or in the case of
a statutory or home rule charter city of less than 10,000
population, 90 days, new text end a written request relating to zoning,
septic systems, or expansion of the metropolitan urban service
area for a permit, license, or other governmental approval of an
action. Failure of an agency to deny a request within new text begin the new text end 60 new text begin -
new text end deleted text begin days deleted text end new text begin or 90-day time period new text end is approval of the request. If an
agency denies the request, it must state in writing the reasons
for the denial at the time that it denies the request.

(b) When a vote on a resolution or properly made motion to
approve a request fails for any reason, the failure shall
constitute a denial of the request provided that those voting
against the motion state on the record the reasons why they
oppose the request. A denial of a request because of a failure
to approve a resolution or motion does not preclude an immediate
submission of a same or similar request.

(c) Except as provided in paragraph (b), if an agency,
other than a multimember governing body, denies the request, it
must state in writing the reasons for the denial at the time
that it denies the request. If a multimember governing body
denies a request, it must state the reasons for denial on the
record and provide the applicant in writing a statement of the
reasons for the denial. If the written statement is not adopted
at the same time as the denial, it must be adopted at the next
meeting following the denial of the request but before the
expiration of the time allowed for making a decision under this
section. The written statement must be consistent with the
reasons stated in the record at the time of the denial. The
written statement must be provided to the applicant upon
adoption.

Subd. 3.

Application; extensions.

(a) The time limit in
subdivision 2 begins upon the agency's receipt of a written
request containing all information required by law or by a
previously adopted rule, ordinance, or policy of the agency,
including the applicable application fee. If an agency receives
a written request that does not contain all required
information, the deleted text begin 60-day deleted text end new text begin time new text end limit starts over only if the
agency sends written notice within 15 business days of receipt
of the request telling the requester what information is missing.

(b) If a request relating to zoning, septic systems, or
expansion of the metropolitan urban service area requires the
approval of more than one state agency in the executive branch,
the 60-day period in subdivision 2 begins to run for all
executive branch agencies on the day a request containing all
required information is received by one state agency. The
agency receiving the request must forward copies to other state
agencies whose approval is required.

(c) An agency response meets the deleted text begin 60-day deleted text end time limit if the
agency can document that the response was sent within 60 days new text begin ,
or in the case of a statutory or home rule charter city of less
than 10,000 population, 90 days, new text end of receipt of the written
request.

(d) The time limit in subdivision 2 is extended if a state
statute, federal law, or court order requires a process to occur
before the agency acts on the request, and the time periods
prescribed in the state statute, federal law, or court order
make it impossible to act on the request within deleted text begin 60 days deleted text end new text begin the time
limit new text end . In cases described in this paragraph, the deadline is
extended to 60 days new text begin , or in the case of a statutory or home rule
charter city of less than 10,000 population, 90 days, new text end after
completion of the last process required in the applicable
statute, law, or order. Final approval of an agency receiving a
request is not considered a process for purposes of this
paragraph.

(e) The time limit in subdivision 2 is extended if: (1) a
request submitted to a state agency requires prior approval of a
federal agency; or (2) an application submitted to a city,
county, town, school district, metropolitan or regional entity,
or other political subdivision requires prior approval of a
state or federal agency. In cases described in this paragraph,
the deadline for agency action is extended to 60 days new text begin , or in the
case of a statutory or home rule charter city of less than
10,000 population, 90 days, new text end after the required prior approval is
granted.

(f) An agency may extend the time limit in subdivision 2
before the end of the initial deleted text begin 60-day deleted text end new text begin time new text end period by providing
written notice of the extension to the applicant. The
notification must state the reasons for the extension and its
anticipated length, which may not exceed 60 days new text begin , or in the case
of a statutory or home rule charter city of less than 10,000
population, 90 days, new text end unless approved by the applicant.

(g) An applicant may by written notice to the agency
request an extension of the time limit under this section.