Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                         CHAPTER 77-H.F.No. 951 
           An act relating to the Minnesota historical society; 
          authorizing local heritage preservation commissions; 
          amending Minnesota Statutes 1984, section 471.193.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 471.193, is 
amended to read: 
    471.193 [MUNICIPAL HERITAGE PRESERVATION.] 
    Subdivision 1.  [POLICY.] The legislature finds that the 
preservation of buildings, lands, areas, or districts which 
possess historical or architectural significance will promote 
the educational, cultural, and general welfare of the public and 
that the acquisition and management of property in such manner 
as will preserve buildings or areas of historical or 
architectural value in order to promote the cultural, 
educational, and economic well-being of the people of the state 
serves a public purpose historical, architectural, 
archaeological, engineering, and cultural heritage of this state 
is among its most important assets.  Therefore, the purpose of 
this section is to authorize local governing bodies to engage in 
a comprehensive program of historic preservation, and to promote 
the use and conservation of historic properties for the 
education, inspiration, pleasure, and enrichment of the citizens 
of this state. 
    Subd. 2.  [HERITAGE PRESERVATION COMMISSIONS.] In addition 
to any powers provided by law or charter, the council of any 
city may provide by ordinance for the appointment of The 
governing body of a statutory or home rule charter city, county, 
or town as described in section 368.01, subdivisions 1 and 1a 
may establish a heritage preservation commission for the purpose 
of preserving buildings, lands, areas, or districts within the 
municipality which are determined by the commission to possess 
particular cultural or educational value to preserve and promote 
its historic resources according to this section.  
    Subd. 3.  [POWERS.] The powers and duties of any commission 
established pursuant to this section shall be such as are may 
include any power possessed by the political subdivision 
creating the commission, but shall be those delegated or 
assigned by the ordinance establishing the commission and for 
the purposes of this section.  These powers may include:  
    (1) the survey and designation of districts, sites, 
buildings, structures, and objects that are of historical, 
architectural, archaeological, engineering, or cultural 
significance; 
    (2) the enactment of rules governing construction, 
alteration, demolition, and use, including the review of 
building permits, and the adoption of other measures appropriate 
for the preservation, protection, and perpetuation of designated 
properties and areas; 
    (3) the acquisition by purchase, gift, or bequest, of a fee 
or lesser interest, including preservation restrictions, in 
designated properties and adjacent or associated lands which are 
important for the preservation and use of the designated 
properties; 
    (4) requests to the political subdivision to use its power 
of eminent domain to maintain or preserve designated properties 
and adjacent or associated lands; 
    (5) the sale or lease of air rights,;  
    (6) the granting of use variations to a zoning ordinance, 
and any power possessed by the municipality subject to 
modification from time to time by the council.  The commission 
may request the council to use its power of eminent domain to 
maintain or preserve buildings, lands, areas or districts which 
have been determined by the commission to be of historical or 
architectural value;  
    (7) participation in the conduct of land use, urban 
renewal, and other planning processes undertaken by the 
political subdivision creating the commission; and 
    (8) the removal of blighting influences, including signs, 
unsightly structures, and debris, incompatible with the physical 
well-being of designated properties or areas. 
    No power shall be exercised by a commission which is 
contrary to state law or denied a municipality political 
subdivision by its charter or by law.  Powers of a commission 
shall be exercised only in the manner prescribed by ordinance 
and no action of a commission shall contravene any provision of 
a municipal zoning or planning ordinance unless expressly 
authorized by ordinance.  
    Subd. 4.  [EXCLUSION.] If a commission is established by 
the city of St. Paul, it shall for the purpose of this section 
exclude any jurisdiction over the capitol area as defined in 
section 15.50, subdivision 2.  
    Subd. 5.  [COMMISSION MEMBERS.] Commission members must be 
persons with demonstrated interest and expertise in historic 
preservation and must reside within the political subdivision 
regulated by the ordinance establishing the commission.  Every 
commission shall include, if available, a member of a county 
historical society of a county in which the municipality is 
located.  Every program proposed by the commission shall be 
forwarded to the Minnesota historical society which 
    Subd. 6.  [COMMUNICATION WITH THE STATE HISTORIC 
PRESERVATION OFFICER.] Proposed site designations and design 
guidelines must be sent to the state historic preservation 
officer at the Minnesota historical society, who shall review 
and shall comment on the proposal within 60 days.  By October 31 
of each year, each commission shall submit an annual report to 
the state historic preservation officer.  The report must 
summarize the commission's activities, including designations, 
reviews, and other activities during the previous 12 months. 
    Approved May 6, 1985