1.1 	A bill for an act
1.2 	relating to natural resources; providing for regulation of shoreland resorts;
1.3 	amending Minnesota Statutes 2006, section 103F.205, subdivision 1; proposing 
1.4 	coding for new law in Minnesota Statutes, chapter 103F.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2006, section 103F.205, subdivision 1, is amended to 
1.7 	read:
1.8 		Subdivision 1.Applicability. The definitions in this section apply to sections 
1.9 	103F.201 to 103F.221 103F.227. 

1.10 	Sec. 2. [103F.227] SHORELAND DEVELOPMENT; EXISTING RESORTS.
1.11 		Subdivision 1.Applicability. This section applies statewide and preempts local 
1.12 	ordinances that are inconsistent with its terms. A county or a municipality may by 
1.13 	ordinance impose upon resorts reasonable regulations to prevent and abate nuisances and 
1.14 	to protect the public health, welfare, safety, and environment.
1.15 		Subd. 2.Resort defined. For purposes of this section, "resort" means a shoreland 
1.16 	commercial establishment that includes buildings, lodges, structures, dwelling units, 
1.17 	camping or recreational vehicle sites, or enclosures, or any part thereof kept, used, 
1.18 	maintained, or advertised as or held out to the public to be a place where sleeping 
1.19 	accommodations are furnished to the public, primarily to those seeking recreation, for 
1.20 	periods of one day or longer, and having for rent three or more cabins, rooms, campsites, 
1.21 	or enclosures. These establishments must be primarily service oriented for transient 
1.22 	lodging of guests. All cabins, rooms, dwelling units, camping or recreational vehicle 
1.23 	sites, or enclosures must be included in the resort rental business. Resorts allow no 
2.1 	residential use of a dwelling unit or site for more than 30 days within a calendar year, 
2.2 	except dwellings used as residences for the service providers or dwelling units or sites 
2.3 	for renters. To qualify as a resort under this section, a resort must be fully licensed and 
2.4 	permitted under appropriate state and local regulations. The entire parcel of land must be 
2.5 	controlled and managed by the licensee.
2.6 		Subd. 3.Maintenance and replacement. (a) So long as the establishment continues 
2.7 	to operate as a resort, a county or municipality must allow a resort owner to:
2.8 	(1) maintain structures, which includes replacing aging or outdated components or 
2.9 	systems of the structure that do not increase the structure footprint; and 
2.10 	(2) replace structures damaged or lost to fire or natural disaster.
2.11 	(b) Paragraph (a), clause (2), applies only when an application for a building permit 
2.12 	is made within 180 days of the damage or loss.
2.13 		Subd. 4.Expansion. A county or municipality must allow a resort owner to increase 
2.14 	a structure footprint to minimally meet federal, state, or local dwelling standards or codes. 
2.15 	To "minimally meet" such standards or codes means that the replacement structure does 
2.16 	not add new architectural elements, such as more bedrooms, that the original structure. 
2.17 	Structural expansion under this subdivision must not result in a structure that is any larger 
2.18 	than required to meet standards or codes or a structure or any portion that is any closer 
2.19 	to a shoreline than prior to the expansion.
2.20 		Subd. 5.Change in ownership. A change in ownership of a resort shall not be 
2.21 	construed as a conversion to a different use so long as the new owner continues to use 
2.22 	the property as a resort.