Minnesota Legislature
HF 2061
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/22/2005 |
Current Version - as introduced
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A bill for an act
relating to local government; limiting urban
development on unincorporated property that abuts a
municipality in certain cases; extending city land use
controls in certain cases; amending Minnesota Statutes
2004, sections 462.357, subdivision 1; 462.358,
subdivision 1a; proposing coding for new law in
Minnesota Statutes, chapter 414.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[414.0321] LAND OUTSIDE OF MUNICIPALITIES;
LIMITATIONS ON DEVELOPMENT.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) The definitions in this
subdivision apply in this section.
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(b) "Agricultural development" means improvements,
buildings, structures, or fixtures suitable for use in farming
located on agricultural land, including a single-family dwelling
located on agricultural land that is or will be occupied by a
farmer and structures attached to or incidental to the use of
the dwelling.
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(c) "Agricultural land" means land suitable for use in
farming.
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(d) "Farming" means the cultivation of land for the
production of agricultural crops, the raising of poultry, the
production of eggs, the production of milk, the production of
fruit or other horticultural crops, grazing, the production of
livestock, aquaculture, hydroponics, or the production of forest
products.
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new text begin Subd. 2. new text end
new text begin Limitations on development. new text end
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(a) Development,
except that permitted under subdivision 3, is prohibited on
unincorporated land that abuts a municipality, unless the land
and any necessary adjacent land is first annexed to a
municipality.
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(b) In this subdivision, "any adjacent necessary land"
means:
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(1) any unincorporated land lying between the municipality
and the area to be developed; and
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(2) any unincorporated land adjacent to the municipality or
the area to be developed that is necessary to effectively
provide service to the unincorporated area to be developed.
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(c) The annexation must be accomplished by joint resolution
under section 414.0325.
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new text begin Subd. 3. new text end
new text begin Exceptions. new text end
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The categories of development
listed in this subdivision are excepted from subdivision 2:
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(1) agricultural development;
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(2) repair or expansion of structures in existence on the
effective date of this act;
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(3) construction of seasonal one- or two-family dwellings
located at least six miles from a municipality, if a variance or
other permission to construct is granted by the government
having jurisdiction over building permits at the construction
location, giving due consideration to septic regulations, lot
size, and proximity to any water basin or watercourse; and
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(4) development that is approved by both the town where the
development is proposed and the nearest municipality. If no
incorporated town exists in the area where the development is
proposed, the county must approve.
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Sec. 2.
Minnesota Statutes 2004, 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.
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(b) new text end 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.
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(c) new text end No regulation may prohibit earth sheltered construction
as defined in section 216C.06, subdivision 14, relocated
residential buildings, or manufactured homes built in
conformance with sections 327.31 to 327.35 that comply with all
other zoning ordinances promulgated pursuant to this section.
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(d) new text end The regulations may divide the surface, above surface,
and subsurface areas of the municipality into districts or zones
of suitable numbers, shape, and area.
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(e) new text end 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.
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(f) new text end The ordinance embodying these regulations shall be
known as the zoning ordinance and shall consist of text and maps.
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(g) 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 directiondeleted text begin , but not in a county or
town which has adopted zoning regulationsdeleted text end ; provided that where
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 deleted text begin unless a town or county in the
affected area has adopted zoning regulationsdeleted text end . Any city may
thereafter enforce such regulations in the area to the same
extent as if such property were situated within its corporate
limitsdeleted text begin , until the county or town board adopts a comprehensive
zoning regulation which includes the areadeleted text end .
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(h) In the two- and four-mile cases described in paragraph
(g), city subdivision regulations prevail over town or county
zoning regulations if there is a conflict.
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Sec. 3.
Minnesota Statutes 2004, 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.
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(b) new text end The regulations may contain varied provisions
respecting, and be made applicable only to, certain classes or
kinds of subdivisions.
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(c) new text end The regulations shall be uniform for each class or kind
of subdivision.
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(d) 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 deleted text begin but not
in a town which has adopted subdivision regulationsdeleted text end ; provided
that where 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.
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(e) In the two- and four-mile cases described in paragraph
(d), city subdivision regulations prevail over town subdivision
regulations if there is a conflict.
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