SF 2578

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; prohibiting municipalities 
  1.3             from exercising certain regulatory authority over 
  1.4             feedlots; amending Minnesota Statutes 1996, sections 
  1.5             462.355, subdivision 4; and 462.357, by adding a 
  1.6             subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 462.355, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [INTERIM ORDINANCE.] If a municipality is 
  1.11  conducting studies or has authorized a study to be conducted or 
  1.12  has held or has scheduled a hearing for the purpose of 
  1.13  considering adoption or amendment of a comprehensive plan or 
  1.14  official controls as defined in section 462.352, subdivision 15, 
  1.15  or if new territory for which plans or controls have not been 
  1.16  adopted is annexed to a municipality, the governing body of the 
  1.17  municipality may adopt an interim ordinance applicable to all or 
  1.18  part of its jurisdiction for the purpose of protecting the 
  1.19  planning process and the health, safety and welfare of its 
  1.20  citizens.  The interim ordinance may regulate, restrict or 
  1.21  prohibit any use, development, or subdivision within the 
  1.22  jurisdiction or a portion thereof for a period not to exceed one 
  1.23  year from the date it is effective, and may be extended for such 
  1.24  additional periods as the municipality may deem appropriate, not 
  1.25  exceeding a total additional period of 18 months.  No interim 
  1.26  ordinance may halt, delay, or impede a subdivision which has 
  2.1   been given preliminary approval prior to the effective date of 
  2.2   the interim ordinance. 
  2.3      A municipality may not enact, amend, or enforce an interim 
  2.4   ordinance that prohibits feedlot construction or expansion. 
  2.5      Sec. 2.  Minnesota Statutes 1996, section 462.357, is 
  2.6   amended by adding a subdivision to read: 
  2.7      Subd. 1c.  [FEEDLOT ZONING ORDINANCE.] A municipality may 
  2.8   not enact, amend, or enforce a zoning ordinance that prohibits, 
  2.9   halts, delays, or impedes feedlot construction or expansion. 
  2.10     Sec. 3.  [EFFECTIVE DATE.] 
  2.11     Sections 1 and 2 are effective the day following final 
  2.12  enactment and apply to existing moratoriums or ordinances 
  2.13  adopted before that date.