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SF 201

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/14/2018 05:44pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to local government; requiring a two-thirds vote to impose an interim
ordinance; requiring a public hearing after ten-day notice before imposing an
interim ordinance relating to housing; amending Minnesota Statutes 2016, section
462.355, subdivision 4.


Section 1.

Minnesota Statutes 2016, section 462.355, subdivision 4, is amended to read:

Subd. 4.

Interim ordinance.

(a) If a municipality is conducting studies or has authorized
a study to be conducted or has held or has scheduled a hearing for the purpose of considering
adoption or amendment of a comprehensive plan or official controls as defined in section
462.352, subdivision 15, or if new territory for which plans or controls have not been adopted
is annexed to a municipality, the governing body of the municipality may adopt an interim
ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning
process and the health, safety and welfare of its citizens. The interim ordinance may regulate,
restrict, or prohibit any use, development, or subdivision within the jurisdiction or a portion
thereof for a period not to exceed one year from the date it is effective.

(b) If a proposed interim ordinance purports to regulate, restrict, or prohibit activities
relating to livestock production, a public hearing must be held following a ten-day notice
given by publication in a newspaper of general circulation in the municipality before the
interim ordinance takes effect.

new text begin (c) A statutory or home rule charter city may adopt an interim ordinance that regulates,
restricts, or prohibits a housing proposal only if the ordinance is approved by at least
two-thirds of city council members present. Before adopting the interim ordinance, the city
council must hold a public hearing after providing written notice to any person who has
submitted written information to the city regarding a housing proposal that is potentially
affected by the proposed interim ordinance. The written notice must be provided at least
three business days before the public hearing. Notice also must be posted on the city's official
Web site, if the city has an official Web site. The date of the public hearing shall be the
earlier of the next regularly scheduled city council meeting after the notice period or within
ten days of the notice. The activities proposed to be restricted by the proposed interim
ordinance may not be undertaken before the public hearing. For the purposes of this
paragraph, "housing proposal" means a written request for city approval of a project intended
primarily to provide residential dwellings, either single family or multi-family, and involves
the subdivision or development of land or the demolition, construction, reconstruction,
alteration, repair, or occupancy of residential dwellings.
new text end

deleted text begin (c)deleted text end new text begin (d)new text end The period of an interim ordinance applicable to an area that is affected by a city's
master plan for a municipal airport may be extended for such additional periods as the
municipality may deem appropriate, not exceeding a total additional period of 18 months.
In all other cases, no interim ordinance may halt, delay, or impede a subdivision that has
been given preliminary approval, nor may any interim ordinance extend the time deadline
for agency action set forth in section 15.99 with respect to any application filed prior to the
effective date of the interim ordinance. The governing body of the municipality may extend
the interim ordinance after a public hearing and written findings have been adopted based
upon one or more of the conditions in clause (1), (2), or (3). The public hearing must be
held at least 15 days but not more than 30 days before the expiration of the interim ordinance,
and notice of the hearing must be published at least ten days before the hearing. The interim
ordinance may be extended for the following conditions and durations, but, except as
provided in clause (3), an interim ordinance may not be extended more than an additional
18 months:

(1) up to an additional 120 days following the receipt of the final approval or review by
a federal, state, or metropolitan agency when the approval is required by law and the review
or approval has not been completed and received by the municipality at least 30 days before
the expiration of the interim ordinance;

(2) up to an additional 120 days following the completion of any other process required
by a state statute, federal law, or court order, when the process is not completed at least 30
days before the expiration of the interim ordinance; or

(3) up to an additional one year if the municipality has not adopted a comprehensive
plan under this section at the time the interim ordinance is enacted.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for interim ordinances proposed on or
after August 1, 2017.
new text end