HF 641

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to public administration; providing a 
  1.3             deadline for certain actions by local government 
  1.4             agencies; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 15. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [15.99] [TIME DEADLINE FOR AGENCY ACTION.] 
  1.8      Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.9   "agency" means a statutory or home rule charter city other than 
  1.10  a city of the first class, county, town, or school district; any 
  1.11  metropolitan agency or regional entity; and any other political 
  1.12  subdivision of the state. 
  1.13     Subd. 2.  [DEADLINE FOR RESPONSE.] Except as otherwise 
  1.14  provided in this section and notwithstanding any other law to 
  1.15  the contrary, an agency must approve or deny within 60 days a 
  1.16  written request relating to zoning, septic systems, or expansion 
  1.17  of the metropolitan urban service area for a permit, license, or 
  1.18  other governmental approval of an action.  Failure of an agency 
  1.19  to deny a request within 60 days is approval of the request.  If 
  1.20  an agency denies the request, it must state in writing the 
  1.21  reasons for the denial at the time that it denies the request. 
  1.22     Subd. 3.  [APPLICATION; EXTENSIONS.] (a) The time limit in 
  1.23  subdivision 2 begins upon the agency's receipt of a written 
  1.24  request containing all information required by law or by a 
  1.25  previously adopted rule, ordinance, or policy of the agency.  If 
  2.1   an agency receives a written request that does not contain all 
  2.2   required information, the 60-day limit starts over only if the 
  2.3   agency sends notice within five business days of receipt of the 
  2.4   request telling the requester what information is missing. 
  2.5      (b) An agency response meets the 60-day time limit if the 
  2.6   agency can document that the response was sent within 60 days of 
  2.7   receipt of the written request. 
  2.8      (c) The time limit in subdivision 2 is extended if a state 
  2.9   statute, federal law, or court order requires a process to occur 
  2.10  before the agency acts on the request, and the time periods 
  2.11  prescribed in the state statute, federal law, or court order 
  2.12  make it impossible to act on the request within 60 days.  In 
  2.13  cases described in this paragraph, the deadline is extended to 
  2.14  60 days after completion of the last process required in the 
  2.15  applicable statute, law, or order.  Final approval of an agency 
  2.16  receiving a request is not considered a process for purposes of 
  2.17  this paragraph. 
  2.18     (d) The time limit in subdivision 2 is extended if an 
  2.19  application submitted to an agency requires prior approval of a 
  2.20  state or federal agency.  In cases described in this paragraph, 
  2.21  the deadline for agency action is extended to 60 days after the 
  2.22  required prior approval is granted. 
  2.23     (e) An agency will grant an extension under this 
  2.24  subdivision before the end of the initial 60-day period by 
  2.25  providing written notice of the extension to the applicant.  The 
  2.26  notification must state the reasons for the extension and its 
  2.27  anticipated length, which may not exceed 60 days. 
  2.28     Sec. 2.  [EFFECTIVE DATE.] 
  2.29     Section 1 is effective July 1, 1995, and applies to any 
  2.30  written request submitted after that date.