SF 4915
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/27/2026 09:24 a.m.
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A bill for an act
relating to local government; restricting local government regulations of certain
residential developments by religious organizations; providing civil remedies;
proposing coding for new law in Minnesota Statutes, chapter 462.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[462.3571] RESIDENTIAL DEVELOPMENT BY A RELIGIOUS
ORGANIZATION.
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new text begin Subdivision 1. new text end
new text begin Title. new text end
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This act shall be known as the "Yes in God's Back Yard (YIGBY)
Housing Act."
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new text begin Subd. 2. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have the
meanings given.
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(b) "Affordable housing" means:
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(1) rental housing in which at least 20 percent of the units are affordable to households
earning incomes of no more than 50 percent of the greater of state or area median income
as determined by the United States Department of Housing and Urban Development;
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(2) rental housing in which at least 40 percent of the units are affordable to households
earning incomes of no more than 60 percent of the greater of state or area median income
as determined by the United States Department of Housing and Urban Development; and
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(3) owner-occupied housing in which all of the units are affordable to households earning
at or below 115 percent of the greater of state or area median income as determined by the
United States Department of Housing and Urban Development.
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(c) "Compelling governmental interest" means the government's interest in the qualified
development proposal under consideration, as opposed to the government's interests in
regulating land use in general.
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(d) "Religious institution" means a congregation, religious assembly, organization, or
institution in which a person engages in any exercise of religion, whether or not compelled
by, or central to, a system of religious belief.
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(e) "Qualified development" means an affordable housing development proposed by a
religious institution on land owned by the religious institution for at least one year from the
closing date of the purchase.
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(f) "Municipality" has the meaning given in section 462.352, subdivision 2.
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new text begin Subd. 3. new text end
new text begin Certain ordinances prohibited. new text end
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(a) A municipality must not adopt or enforce
a zoning ordinance, law, or regulation in a manner that imposes a substantial burden on the
religious exercise of a person, including a religious institution, unless the government
demonstrates that imposition of the burden on that person or religious institution:
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(1) is in furtherance of a compelling governmental interest; and
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(2) is the least restrictive means of furthering that compelling governmental interest.
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(b) A religious institution seeking to develop affordable housing may provide notice to
a municipality in writing that the application of a zoning ordinance, law, or regulation to a
qualified development constitutes a substantial burden on the religious institution.
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(c) Upon receipt of the substantial burden notice described in paragraph (b), a municipality
must temporarily suspend enforcement of the restriction cited in the notice, conduct a legal
and factual review to determine whether the restriction complies with this section, and make
a written determination.
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(d) Within 30 days of receiving the notice under paragraph (b), the municipality must
provide the religious institution with the municipality's written determination and outline
what steps the municipality intends to take based on the determination. If the municipality
determines the ordinance, law, or regulation at issue fails to meet the standard in paragraph
(a), either on its face or as applied, the municipality must suspend or adjust its application
of the ordinance, law, or regulation.
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(e) Nothing in this section is intended to conflict with United States Code, title 42, section
2000cc.
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(f) This subdivision does not apply to any rule or law that is necessary to enforce a state
or federal law or rule.
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new text begin Subd. 4. new text end
new text begin Private remedies. new text end
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A religious institution injured by a violation of this section
may bring a civil action in district court for damages, injunctive relief, or other appropriate
relief, including an award of reasonable attorney fees. The remedies available under this
section are in addition to any other remedies available in equity or in law.
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