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HF 1350

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/11/2021 04:19pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to municipal planning; providing authority for cities of the first class to
impose ordinances on the dedication of land or dedication fees on certain permit
applications; amending Minnesota Statutes 2020, section 462.358, by adding a
subdivision; Laws 2006, chapter 269, section 2, as amended; Laws 2013, chapter
85, article 5, section 44.

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

Section 1.

Minnesota Statutes 2020, section 462.358, is amended by adding a subdivision
to read:


new text begin Subd. 2d. new text end

new text begin Dedication fee; first class cities. new text end

new text begin Notwithstanding subdivisions 2b and 2c,
the city council or other chief governing body of a city of the first class, as defined in section
410.01, may require that a reasonable portion of land be dedicated to the public, or may
impose a dedication fee in conjunction with the construction permit required for new housing
units and new commercial and industrial development in the city, wherever located, for
public parks, playgrounds, recreational facilities, wetlands, trails, or open space. The city
council or other chief governing body of the city must enact an ordinance to impose a
dedication of land or a dedication fee. The ordinance may exempt senior housing and
affordable housing applicants from the dedication of land or the dedication fee requirements.
The ordinance may set the cash fee based on current land prices at the time the permit is
issued or set at a flat fee rate per net new residential unit or other standard basis for
commercial and industrial property.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for ordinances enacted on or after August
1, 2021.
new text end

Sec. 2.

Laws 2006, chapter 269, section 2, as amended by Laws 2008, chapter 331, section
11, Laws 2008, chapter 366, article 17, section 5, and Laws 2013, chapter 85, article 5,
section 43, is amended to read:


Sec. 2. DEDICATION FEE.

new text begin Notwithstanding Minnesota Statutes, section 462.358, subdivision 2d, new text end the Minneapolis
Park and Recreation Board and the Minneapolis City Council may jointly require that a
reasonable portion of land be dedicated to the public or impose a dedication fee in conjunction
with the construction permit required for new housing units and new commercial and
industrial development in the city, wherever located, for public parks, playgrounds,
recreational facilities, wetlands, trails, or open space. The dedication of land or dedication
fee must be imposed by an ordinance jointly enacted by the park board and the city council.
The cash fee may be set at a flat fee rate per net new residential unit. The ordinance may
exclude senior housing and affordable housing from paying the fee or the dedication of
land. The provisions of Minnesota Statutes, section 462.358, subdivisions 2b, paragraph
(b), and 2c, apply to the application and use of the dedication of land or the dedication fee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 3.

Laws 2013, chapter 85, article 5, section 44, is amended to read:


Sec. 44. CITY OF ST. PAUL DEDICATION FEE.

new text begin Notwithstanding Minnesota Statutes, section 462.358, subdivision 2d, new text end the city of St.
Paul may require that a reasonable portion of land be dedicated to the public or impose a
dedication fee in conjunction with the construction permit required for new housing units
and new commercial and industrial development in the city, wherever located, for public
parks, playgrounds, recreational facilities, wetlands, trails, or open space. The dedication
of land or dedication fee must be imposed by an ordinance enacted by the city council. The
cash fee may be set at a flat fee rate per net new residential unit. The ordinance may exclude
senior housing and affordable housing from paying the fee or the dedication of land. The
provisions of Minnesota Statutes, section 462.358, subdivisions 2b, paragraph (b); and 2c,
apply to the application and use of the dedication of land or the dedication fee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end