HF 3974

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/19/2024 02:11pm

A bill for an act
relating to state and local government; establishing procedures for review of
building applications by government entities; amending Minnesota Statutes 2022,
section 15.99, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2022, section 15.99, subdivision 1, is amended to read:

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 new text begin for a building permit or a written application new text end
related to zoning, septic systems, watershed district review, soil and water conservation
district review, 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.

Sec. 2.

Minnesota Statutes 2022, section 15.99, subdivision 2, is amended to read:

Subd. 2.

Deadline for response.

(a) Except as otherwise provided in this section, section
462.358, subdivision 3b, or 473.175, or chapter 505, and notwithstanding any other law to
the contrary, an agency must approve or deny within 60 days a written request new text begin for a building
permit or a written request new text end relating to zoning, septic systems, watershed district review, soil
and water conservation district review, or expansion of the metropolitan urban service area
for a permit, license, or other governmental approval of an action. new text begin Except as provided in
paragraph (b), new text end failure of an agency to deny a request within 60 days 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.

new text begin (b) An agency must approve or deny a building application as expeditiously as possible.
Failure of an agency to deny a request for a building permit within 60 days is not an approval
of the request. An agency that approves or denies a building permit application more than
60 days from receipt of the application must refund all relevant permitting fees to the
applicant within five business days of the date of the decision on the application.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end 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.

deleted text begin (c) deleted text end new text begin (d) new text end Except as provided in paragraph deleted text begin (b) deleted text end new text begin (c) new text end , 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.