SF 961

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for regulation of shoreland resorts;
amending Minnesota Statutes 2006, section 103F.205, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 103F.

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

Section 1.

Minnesota Statutes 2006, section 103F.205, subdivision 1, is amended to
read:

Subdivision 1.

Applicability.

The definitions in this section apply to sections
103F.201 to deleted text begin 103F.221 deleted text end new text begin 103F.227 new text end .

Sec. 2.

new text begin [103F.227] SHORELAND DEVELOPMENT; EXISTING RESORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies statewide and preempts local
ordinances that are inconsistent with its terms. A county or municipality may by ordinance
impose upon resorts reasonable regulations to prevent and abate nuisances and to protect
the public health, welfare, safety, and environment.
new text end

new text begin Subd. 2. new text end

new text begin Resort defined. new text end

new text begin For purposes of this section, "resort" means a shoreland
commercial establishment, existing on or before August 1, 2007, that includes buildings,
lodges, structures, dwelling units, camping or recreational vehicle sites, or enclosures, or
any part thereof kept, used, maintained, or advertised as or held out to the public to be a
place where sleeping accommodations are furnished to the public, primarily to persons
seeking recreation, for periods of one day or longer, and having for rent three or more
cabins, rooms, campsites, or enclosures. A shoreland commercial establishment must be
primarily service oriented for transient lodging of guests. All cabins, rooms, dwelling
units, camping or recreational vehicle sites, or enclosures must be included in the resort
rental business. Resorts must not allow residential use of a dwelling unit or site, except
dwellings used as residences for the service providers. To qualify as a resort under this
section, a resort must be fully licensed and permitted under appropriate state and local
regulations. The entire parcel of land must be controlled and managed by the licensee.
new text end

new text begin Subd. 3. new text end

new text begin Maintenance and replacement. new text end

new text begin (a) So long as the establishment continues
to operate as a resort, a county or municipality must allow a resort owner to:
new text end

new text begin (1) maintain structures, including the replacement of aging or outdated components
or systems of the structure, while not increasing the structure's footprint on the land; and
new text end

new text begin (2) replace structures damaged or lost to fire or natural disaster.
new text end

new text begin (b) Paragraph (a), clause (2), applies only when an application for a building permit
is made within 180 days of the damage or loss.
new text end

new text begin Subd. 4. new text end

new text begin Expansion. new text end

new text begin A county or municipality must allow a resort owner to increase
a structure footprint to minimally meet federal, state, or local dwelling standards or codes.
To "minimally meet" the standards or codes means that the replacement structure does not
add new architectural elements, such as more bedrooms, that did not exist in the original
structure. Structural expansion under this subdivision must not result in a structure that
is any larger than required to meet standards or codes or a structure or any portion that
is any closer to the shoreline than prior to the expansion.
new text end

new text begin Subd. 5. new text end

new text begin Change in ownership. new text end

new text begin A change in ownership of a resort shall not be
construed as a conversion to a different use so long as the new owner continues to use
the property as a resort.
new text end