HF 516

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; limiting development in 
  1.3             unincorporated areas; proposing coding for new law in 
  1.4             Minnesota Statutes, chapter 414. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [414.0321] [LAND OUTSIDE OF MUNICIPALITIES; 
  1.7   LIMITATIONS ON DEVELOPMENT.] 
  1.8      Subdivision 1.  [DEFINITIONS.] The definitions in this 
  1.9   subdivision apply in this section. 
  1.10     (a) "Agricultural development" means improvements, 
  1.11  buildings, structures, or fixtures suitable for use in farming 
  1.12  located on agricultural land, including a single-family dwelling 
  1.13  located on agricultural land that is or will be occupied by a 
  1.14  farmer and structures attached to or incidental to the use of 
  1.15  the dwelling. 
  1.16     (b) "Agricultural land" means land suitable for use in 
  1.17  farming. 
  1.18     (c) "Farming" means the cultivation of land for the 
  1.19  production of agricultural crops, the raising of poultry, the 
  1.20  production of eggs, the production of milk, the production of 
  1.21  fruit or other horticultural crops, grazing, the production of 
  1.22  livestock, aquaculture, hydroponics, or the production of forest 
  1.23  products. 
  1.24     Subd. 2.  [LIMITATIONS ON DEVELOPMENT.] Development, except 
  1.25  that permitted under subdivision 3, is prohibited on 
  2.1   unincorporated land that abuts a municipality, unless the land 
  2.2   and any necessary adjacent land is first annexed to a 
  2.3   municipality.  For the purposes of this subdivision, "any 
  2.4   adjacent necessary land" means (1) any unincorporated land lying 
  2.5   between the municipality and the area to be developed and (2) 
  2.6   any unincorporated land adjacent to the municipality or the area 
  2.7   to be developed that is necessary to effectively provide service 
  2.8   to the unincorporated area to be developed.  The annexation must 
  2.9   be accomplished by joint resolution under section 414.0325. 
  2.10     Subd. 3.  [EXCEPTIONS.] The following categories of 
  2.11  development are excepted from subdivision 2: 
  2.12     (1) agricultural development; 
  2.13     (2) repair or expansion of structures in existence on the 
  2.14  effective date of this act; 
  2.15     (3) construction of seasonal one- or two-family dwellings 
  2.16  located at least six miles from a municipality, if a variance or 
  2.17  other permission to construct is granted by the government 
  2.18  having jurisdiction over building permits in the area, giving 
  2.19  due consideration to septic regulations, lot size, and proximity 
  2.20  to any water basin or watercourse; or 
  2.21     (4) development which is approved by both the town where 
  2.22  the development is proposed and the nearest municipality.  If no 
  2.23  incorporated town exists in the area where the development is 
  2.24  proposed, the county must approve.