HF 1356

as introduced - 94th Legislature (2025 - 2026) Posted on 02/24/2025 03:25pm

A bill for an act
relating to local government; permitting certain municipalities to extend zoning
authority to unincorporated territory; amending Minnesota Statutes 2024, sections
462.357, subdivision 1; 462.358, subdivision 1a.

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

Section 1.

Minnesota Statutes 2024, section 462.357, subdivision 1, is amended to read:

Subdivision 1.

Authority for zoning.

new text begin (a) new text end For the purpose of promoting the public health,
safety, morals, and general welfare, a municipality may by ordinance regulate on the earth's
surface, in the air space above the surface, and in subsurface areas, the location, height,
width, bulk, type of foundation, number of stories, size of buildings and other structures,
the percentage of lot which may be occupied, the size of yards and other open spaces, the
density and distribution of population, the uses of buildings and structures for trade, industry,
residence, recreation, public activities, or other purposes, and the uses of land for trade,
industry, residence, recreation, agriculture, forestry, soil conservation, water supply
conservation, conservation of shorelands, as defined in sections 103F.201 to 103F.221,
access to direct sunlight for solar energy systems as defined in section 216C.06, flood control
or other purposes, and may establish standards and procedures regulating such uses. To
accomplish these purposes, official controls may include provision for purchase of
development rights by the governing body in the form of conservation easements under
chapter 84C in areas where the governing body considers preservation desirable and the
transfer of development rights from those areas to areas the governing body considers more
appropriate for development. No regulation may prohibit earth sheltered construction as
defined in section 216C.06, subdivision 14, relocated residential buildings, manufactured
homes built in conformance with sections 327.31 to 327.35, or industrialized or modular
buildings for residential use built in conformance with Minnesota Rules, chapter 1361, that
comply with all other zoning ordinances promulgated pursuant to this section. The regulations
may divide the surface, above surface, and subsurface areas of the municipality into districts
or zones of suitable numbers, shape, and area. The regulations shall be uniform for each
class or kind of buildings, structures, or land and for each class or kind of use throughout
such district, but the regulations in one district may differ from those in other districts. The
ordinance embodying these regulations shall be known as the zoning ordinance and shall
consist of text and maps.

new text begin (b) new text end A city may by ordinance extend the application of its zoning regulations to
unincorporated territory located within two miles of its limits in any direction, but not in a
county or town deleted text begin which deleted text end new text begin that new text end has adopted zoning regulations deleted text begin ; provided that where deleted text end new text begin , except as
provided in paragraph (c). If new text end two or more noncontiguous municipalities have boundaries
less than four miles apart, each is authorized to control the zoning of land on its side of a
line equidistant between the two noncontiguous municipalities unless a town or county in
the affected area has adopted zoning regulations. Any city may thereafter enforce such
regulations in the area to the same extent as if such property were situated within its corporate
limits, until the county or town board adopts a comprehensive zoning regulation which
includes the area.

new text begin (c) A city with a population over 100,000 according to the most recent federal census
that is outside the jurisdictions in section 473.121, subdivision 2, may extend the application
of its zoning regulations to unincorporated territory located within two miles of its limits
in any direction in a county or town that has adopted zoning regulations.
new text end

Sec. 2.

Minnesota Statutes 2024, section 462.358, subdivision 1a, is amended to read:

Subd. 1a.

Authority.

new text begin (a) new text end To protect and promote the public health, safety, and general
welfare, to provide for the orderly, economic, and safe development of land, to preserve
agricultural lands, to promote the availability of housing affordable to persons and families
of all income levels, and to facilitate adequate provision for transportation, water, sewage,
storm drainage, schools, parks, playgrounds, and other public services and facilities, a
municipality may by ordinance adopt subdivision regulations establishing standards,
requirements, and procedures for the review and approval or disapproval of subdivisions.
The regulations may contain varied provisions respecting, and be made applicable only to,
certain classes or kinds of subdivisions. The regulations shall be uniform for each class or
kind of subdivision.

new text begin (b) new text end A municipality may by resolution extend the application of its subdivision regulations
to unincorporated territory located within two miles of its limits in any direction but not in
a town which has adopted subdivision regulations deleted text begin ; provided that where deleted text end new text begin , except as provided
in paragraph (c). If new text end two or more noncontiguous municipalities have boundaries less than
four miles apart, each is authorized to control the subdivision of land equal distance from
its boundaries within this area.

new text begin (c) A city with a population over 100,000 according to the most recent federal census
that is outside the jurisdictions in section 473.121, subdivision 2, may extend the application
of its subdivision regulations to unincorporated territory located within two miles of its
limits in any direction in a town that has adopted subdivision regulations.
new text end