HF 1840

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 02:40pm

A bill for an act
relating to local government; limiting municipal planning and zoning controls;
amending Minnesota Statutes 2020, sections 15.99, subdivisions 1, 2; 394.307,
subdivision 9; 462.352, subdivision 5; 462.3593, subdivision 9; proposing coding
for new law in Minnesota Statutes, chapter 462.

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

Section 1.

Minnesota Statutes 2020, section 15.99, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms shall
have the meanings given.

(b) "Agency" means a department, agency, board, commission, or other group in the
executive branch of state government; a statutory or home rule charter city, county, town,
or school district; any metropolitan agency or regional entity; and any other political
subdivision of the state.

(c) "Request" means a written application new text begin for a building permit, or a written application
new text end related to zoning, septic systems, watershed district review, soil and water conservation
district review, or the expansion of the metropolitan urban service area, for a permit, license,
or other governmental approval of an action. A request must be submitted in writing to the
agency on an application form provided by the agency, if one exists. The agency may reject
as incomplete a request not on a form of the agency if the request does not include
information required by the agency. A request not on a form of the agency must clearly
identify on the first page the specific permit, license, or other governmental approval being
sought. No request shall be deemed made if not in compliance with this paragraph.

(d) "Applicant" means a person submitting a request under this section. An applicant
may designate a person to act on the applicant's behalf regarding a request under this section
and any action taken by or notice given to the applicant's designee related to the request
shall be deemed taken by or given to the applicant.

Sec. 2.

Minnesota Statutes 2020, section 15.99, subdivision 2, is amended to read:

Subd. 2.

Deadline for response.

(a) Except as otherwise provided in this section, section
462.358, subdivision 3b, or 473.175, or chapter 505, and notwithstanding any other law to
the contrary, an agency must approve or deny within 60 days a written request new text begin for a building
permit, or a written request new text end relating to zoning, septic systems, watershed district review,
soil and water conservation district review, or expansion of the metropolitan urban service
area for a permit, license, or other governmental approval of an action. Failure of an agency
to deny a request within 60 days is approval of the request. If an agency denies the request,
it must state in writing the reasons for the denial at the time that it denies the request.

(b) When a vote on a resolution or properly made motion to approve a request fails for
any reason, the failure shall constitute a denial of the request provided that those voting
against the motion state on the record the reasons why they oppose the request. A denial of
a request because of a failure to approve a resolution or motion does not preclude an
immediate submission of a same or similar request.

(c) Except as provided in paragraph (b), if an agency, other than a multimember governing
body, denies the request, it must state in writing the reasons for the denial at the time that
it denies the request. If a multimember governing body denies a request, it must state the
reasons for denial on the record and provide the applicant in writing a statement of the
reasons for the denial. If the written statement is not adopted at the same time as the denial,
it must be adopted at the next meeting following the denial of the request but before the
expiration of the time allowed for making a decision under this section. The written statement
must be consistent with the reasons stated in the record at the time of the denial. The written
statement must be provided to the applicant upon adoption.

Sec. 3.

Minnesota Statutes 2020, section 394.307, subdivision 9, is amended to read:

Subd. 9.

Opt-out.

A county deleted text begin may by resolution deleted text end new text begin is not permitted to new text end opt-out of the
requirements of this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from September 1, 2018.
new text end

Sec. 4.

Minnesota Statutes 2020, section 462.352, subdivision 5, is amended to read:

Subd. 5.

Comprehensive municipal plan.

new text begin (a) new text end "Comprehensive municipal plan" means
a compilation of policy statements, goals, standards, and maps for guiding the physical,
social and economic development, both private and public, of the municipality and its
environs, and may include, but is not limited to, the following: statements of policies, goals,
standards, a land use plan, including proposed densities for development, a community
facilities plan, a transportation plan, and recommendations for plan execution. A
comprehensive plan represents the planning agency's recommendations for the future
development of the community.

new text begin (b) As part of the comprehensive municipal plan, municipalities are encouraged to enact
public policy to facilitate the development of unsubsidized affordable housing. These policies
may include but are not limited to the municipal plan authorizing smaller lot sizes for
single-family homes, allowing the construction of duplexes through fourplexes on lots that
would otherwise be zoned exclusively for single-family houses, and allowing for mixed-use
development.
new text end

Sec. 5.

new text begin [462.3575] LIMITING REGULATIONS ON RESIDENTIAL
DEVELOPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to official controls adopted under
sections 462.357, 462.358, and 462.3595.
new text end

new text begin Subd. 2. new text end

new text begin Planned unit development. new text end

new text begin (a) A municipality shall not require a planned unit
development agreement in lieu of a proposed residential development if the proposed
residential development complies with the existing city zoning ordinances, subdivision
regulation, or qualifies as a conditional use.
new text end

new text begin (b) A municipality shall not require planned unit development agreement conditions
that exceed the requirements in the State Building Code under chapter 326B.
new text end

new text begin (c) A planned unit development agreement must be made available to the public by
posting the agreement on the website of the municipality at least seven days prior to the
governing body's review of the agreement. If the municipality does not have a website, a
copy of the planned unit development agreement must be available for review at the city
hall building of the municipality. If the agreement is approved by the governing body, the
agreement cannot be modified unless all parties to the agreement concur.
new text end

new text begin Subd. 3. new text end

new text begin Limitation on aesthetic mandates. new text end

new text begin A municipality shall not condition approval
of a building permit, subdivision development, or planned unit development on the use of
specific materials, design, amenities, or other aesthetic conditions that are not required by
the State Building Code under chapter 326B.
new text end

new text begin Subd. 4. new text end

new text begin Garages. new text end

new text begin A municipality shall not require more than one garage as defined in
section 325F.82, subdivision 3, for a single-family dwelling.
new text end

Sec. 6.

Minnesota Statutes 2020, section 462.3593, subdivision 9, is amended to read:

Subd. 9.

Opt-out.

A municipality deleted text begin may by ordinance deleted text end new text begin is not permitted to new text end opt-out of the
requirements of this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from September 1, 2018.
new text end