Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 315-S.F.No. 2881 
                  An act relating to housing; specifying certain 
                  discretionary municipal subdivision authority; 
                  providing for housing fiscal impact notes; amending 
                  Minnesota Statutes 2000, section 462.358, by adding a 
                  subdivision; proposing coding for new law in Minnesota 
                  Statutes, chapter 462. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 462.358, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [AFFORDABLE HOUSING.] For the purposes of this 
        subdivision, a "development application" means subdivision, 
        planned unit development, site plan, or other similar type 
        action.  If a municipality, in approving a development 
        application that provides all or a portion of the units for 
        persons and families of low and moderate income, so proposes, 
        the applicant may request that provisions authorized by clauses 
        (1) to (4) will apply to housing for persons of low and moderate 
        income, subject to agreement between the municipality and the 
        applicant: 
           (1) establishing sales prices or rents for housing 
        affordable to low- and moderate-income households; 
           (2) establishing maximum income limits for initial and 
        subsequent purchasers or renters of the affordable units; 
           (3) establishing means, including, but not limited to, 
        equity sharing, or similar activities, to maintain the long-term 
        affordability of the affordable units; and 
           (4) establishing a land trust agreement to maintain the 
        long-term affordability of the affordable units. 
        Clauses (1) to (3) shall not apply for more than 20 years from 
        the date of initial occupancy except where public financing or 
        subsidy requires longer terms. 
           Sec. 2.  [462.3612] [HOUSING FISCAL IMPACT NOTES.] 
           Subdivision 1.  [DEFINITION.] "Housing fiscal impact" means 
        increased or decreased costs that a housing development would 
        incur as a result of an official control adopted or amended by a 
        municipality after August 1, 2002, that adds to or changes the 
        regulation of the location, height, width, bulk, type of 
        foundation, number of stories, size of buildings and other 
        structures, percentage of the lot occupied, size of yards and 
        other open spaces, density and distribution of population, uses 
        of buildings, or design of residential housing in a municipality 
        that has adopted the State Building Code and is located in a 
        county with a population of 30,000 or more. 
           Subd. 2.  [CONDITIONS; CONTENTS.] The responsible 
        municipality may prepare a housing fiscal impact note prior to 
        the public hearing on the proposed adoption or amendment of an 
        official control. 
           The housing fiscal impact note may: 
           (1) estimate in dollar amounts the increase or decrease in 
        the costs as a result of the municipal proposed action; 
           (2) specify long-range implications of the proposed action; 
           (3) describe appropriate alternatives to the proposed 
        action; and 
           (4) discuss the rationale for the proposed change. 
           Presented to the governor April 3, 2002 
           Signed by the governor April 5, 2002, 12:56 p.m.