SF 961

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for regulation of shoreland resorts;
amending Minnesota Statutes 2006, section 103F.205, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 103F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 103F.205, subdivision 1, is amended to
read:

Subdivision 1.

Applicability.

The definitions in this section apply to sections
103F.201 to deleted text begin 103F.221 deleted text end new text begin 103F.227 new text end .

Sec. 2.

new text begin [103F.227] SHORELAND DEVELOPMENT; EXISTING RESORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies statewide and preempts local
ordinances that are inconsistent with its terms. A county or a municipality may by
ordinance impose upon resorts reasonable regulations to prevent and abate nuisances and
to protect the public health, welfare, safety, and environment.
new text end

new text begin Subd. 2. new text end

new text begin Resort defined. new text end

new text begin For purposes of this section, "resort" means a shoreland
commercial establishment that includes buildings, lodges, structures, dwelling units,
camping or recreational vehicle sites, or enclosures, or any part thereof kept, used,
maintained, or advertised as or held out to the public to be a place where sleeping
accommodations are furnished to the public, primarily to those seeking recreation, for
periods of one day or longer, and having for rent three or more cabins, rooms, campsites,
or enclosures. These establishments must be primarily service oriented for transient
lodging of guests. All cabins, rooms, dwelling units, camping or recreational vehicle
sites, or enclosures must be included in the resort rental business. Resorts allow no
residential use of a dwelling unit or site for more than 30 days within a calendar year,
except dwellings used as residences for the service providers or dwelling units or sites
for renters. To qualify as a resort under this section, a resort must be fully licensed and
permitted under appropriate state and local regulations. The entire parcel of land must be
controlled and managed by the licensee.
new text end

new text begin Subd. 3. new text end

new text begin Maintenance and replacement. new text end

new text begin (a) So long as the establishment continues
to operate as a resort, a county or municipality must allow a resort owner to:
new text end

new text begin (1) maintain structures, which includes replacing aging or outdated components or
systems of the structure that do not increase the structure footprint; and
new text end

new text begin (2) replace structures damaged or lost to fire or natural disaster.
new text end

new text begin (b) Paragraph (a), clause (2), applies only when an application for a building permit
is made within 180 days of the damage or loss.
new text end

new text begin Subd. 4. new text end

new text begin Expansion. new text end

new text begin A county or municipality must allow a resort owner to increase
a structure footprint to minimally meet federal, state, or local dwelling standards or codes.
To "minimally meet" such standards or codes means that the replacement structure does
not add new architectural elements, such as more bedrooms, that the original structure.
Structural expansion under this subdivision must not result in a structure that is any larger
than required to meet standards or codes or a structure or any portion that is any closer
to a shoreline than prior to the expansion.
new text end

new text begin Subd. 5. new text end

new text begin Change in ownership. new text end

new text begin A change in ownership of a resort shall not be
construed as a conversion to a different use so long as the new owner continues to use
the property as a resort.
new text end