Minnesota Legislature
SF 1629
3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - 3rd Engrossment
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A bill for an act
relating to agriculture; changing certain grant and
loan criteria; modifying feedlot notification
requirements; changing certain livestock zoning
regulations; amending Minnesota Statutes 2004,
sections 116.07, subdivision 7a; 174.52, subdivision
5; 394.25, subdivision 3c; 462.355, subdivision 4;
462.357, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 116.07,
subdivision 7a, is amended to read:
Subd. 7a.
Notice of application for livestock feedlot
permit.
(a) A person who applies to the Pollution Control
Agency or a county board for a permit to construct or expand a
feedlot with a capacity of 500 animal units or more
shall, new text begin within ten days of applying for the permit and new text end not less
than 20 business days before the date on which a permit is
issued, provide notice to each resident and each owner of real
property within 5,000 feet of the perimeter of the proposed
feedlot. The notice may be delivered by first class maildeleted text begin ,deleted text end new text begin or new text end in
persondeleted text begin , or by the publication in a newspaper of general
circulation within the affected area deleted text end and must include
information on the type of livestock and the proposed capacity
of the feedlot. Notification under this subdivision is
satisfied under an equal or greater notification requirement of
a county conditional use permit. new text begin A person must also send a copy
of the notice by first class mail to the clerk of the township
in which the feedlot is proposed within ten days of applying for
the permit and not less than 20 business days before the date on
which a permit is issued.
new text end
(b) The agency or a county board must verify that notice
was provided as required under paragraph (a) prior to issuing a
permit.
Sec. 2.
Minnesota Statutes 2004, section 174.52,
subdivision 5, is amended to read:
Subd. 5.
Grant procedures and criteria.
The commissioner
shall establish procedures for statutory or home rule charter
cities, towns, and counties to apply for grants or loans from
the fund and criteria to be used to select projects for funding.
The commissioner shall establish these procedures and criteria
in consultation with representatives appointed by the
Association of Minnesota Counties, League of Minnesota
Cities, deleted text begin and deleted text end Minnesota deleted text begin Township Officers Association deleted text end new text begin Association
of Townships, and the appropriate state agency as needednew text end . The
criteria for determining project priority and the amount of a
grant or loan must be based upon consideration of:
(1) the availability of other state, federal, and local
funds;
(2) the regional significance of the route;
(3) effectiveness of the proposed project in eliminating a
transportation system deficiency;
(4) the number of persons who will be positively impacted
by the project;
(5) the project's contribution to other local, regional, or
state economic development or redevelopment efforts; and
(6) ability of the local unit of government to adequately
provide for the safe operation and maintenance of the facility
upon project completionnew text begin , including the safe operation and
maintenance of a facility serving a permitted livestock or other
agricultural operationnew text end .
Sec. 3.
Minnesota Statutes 2004, section 394.25,
subdivision 3c, is amended to read:
Subd. 3c.
Feedlot zoning ordinances.
(a) A county
proposing to adopt a new feedlot ordinance or amend an existing
feedlot ordinance must notify the Pollution Control Agency and
commissioner of agriculture at the beginning of the processnew text begin , no
later than the notice of the first hearing proposing to adopt or
amend an ordinance purporting to address feedlotsnew text end .
(b) Prior to final approval of a feedlot ordinance, a
new text begin
member of the new text end county board may submit a copy of the proposed
ordinance to the Pollution Control Agency and to the
commissioner of agriculture and request review, comment,
and deleted text begin preparation of deleted text end new text begin recommendations on the environmental and
agricultural effects from specific provisions in the ordinance.
new text end
new text begin
(c) The agencies' response to the county may include:
new text end
new text begin
(1) any recommendations for improvements in the ordinance;
and
new text end
new text begin
(2) the legal, social, economic, or scientific
justification for each recommendation under clause (1).
new text end
new text begin
(d) At the request of a majority of the county board, the
county must prepare new text end a report on the deleted text begin environmental and
agricultural deleted text end new text begin economic new text end effects from specific provisions in the
ordinance. new text begin Economic analysis must state whether the ordinance
will affect the local economy and describe the kinds of
businesses affected and the projected impact the proposal will
have on those businesses. To assist the county, the
commissioner of agriculture, in cooperation with the Department
of Employment and Economic Development, must develop a template
for measuring local economic effects and make it available to
the county. The report must be submitted to the commissioners
of employment and economic development and agriculture along
with the proposed ordinance.
new text end
deleted text begin
(c) The report may include:
deleted text end
deleted text begin
(1) any recommendations for improvements in the ordinance;
and
deleted text end
deleted text begin
(2) the legal, social, economic, or scientific
justification for each recommendation under clause (1).
deleted text end
deleted text begin
(d) deleted text end new text begin (e) new text end A local ordinance that contains a setback for new
feedlots from existing residences must also provide for a new
residence setback from existing feedlots located in areas zoned
agricultural at the same distances and conditions specified in
the setback for new feedlots, unless the new residence is built
to replace an existing residence. A county may grant a variance
from this requirement under section 394.27, subdivision 7.
Sec. 4.
Minnesota Statutes 2004, section 462.355,
subdivision 4, is amended to read:
Subd. 4.
Interim ordinance.
new text begin (a) new text end 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.
new text begin
(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 end
new text begin
(c) 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 the case where the Minnesota
Department of Transportation has requested a city to review its
master plan for a municipal airport prior to August 1, 2004. In
all other cases, no interim ordinance may halt, delay, or impede
a subdivision which 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.
Sec. 5.
Minnesota Statutes 2004, section 462.357, is
amended by adding a subdivision to read:
new text begin Subd. 1g. new text end
new text begin Feedlot zoning controls. new text end
new text begin
(a) A municipality
proposing to adopt a new feedlot zoning control or to amend an
existing feedlot zoning control must notify the Pollution
Control Agency and commissioner of agriculture at the beginning
of the process, no later than the date notice is given of the
first hearing proposing to adopt or amend a zoning control
purporting to address feedlots.
new text end
new text begin
(b) Prior to final approval of a feedlot zoning control, a
member of the governing body of a municipality may submit a copy
of the proposed zoning control to the Pollution Control Agency
and to the commissioner of agriculture and request review,
comment, and recommendations on the environmental and
agricultural effects from specific provisions in the ordinance.
new text end
new text begin
(c) The agencies' response to the municipality may include:
new text end
new text begin
(1) any recommendations for improvements in the ordinance;
and
new text end
new text begin
(2) the legal, social, economic, or scientific
justification for each recommendation under clause (1).
new text end
new text begin
(d) At the request of a majority of the municipality's
governing body, the municipality must prepare a report on the
economic effects from specific provisions in the ordinance.
Economic analysis must state whether the ordinance will affect
the local economy and describe the kinds of businesses affected
and the projected impact the proposal will have on those
businesses. To assist the municipality, the commissioner of
agriculture, in cooperation with the Department of Employment
and Economic Development, must develop a template for measuring
local economic effects and make it available to the
municipality. The report must be submitted to the commissioners
of employment and economic development and agriculture along
with the proposed ordinance.
new text end
new text begin
(e) A local ordinance that contains a setback for new
feedlots from existing residences must also provide for a new
residence setback from existing feedlots located in areas zoned
agricultural at the same distances and conditions specified in
the setback for new feedlots, unless the new residence is built
to replace an existing residence. A municipality may grant a
variance from this requirement under section 462.358,
subdivision 6.
new text end
Sec. 6. new text begin EFFECTIVE DATE.
new text end
new text begin
This act is effective the day following final enactment.
new text end