Minnesota Session Laws - 2003, Regular Session

                             CHAPTER 41-H.F.No. 433 
                  An act relating to zoning; modifying deadlines for 
                  agency actions; amending Minnesota Statutes 2002, 
                  section 15.99. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 15.99, is 
        amended to read: 
           15.99 [TIME DEADLINE FOR AGENCY ACTION.] 
           Subdivision 1.  [DEFINITION DEFINITIONS.] (a) For purposes 
        of this section, the following terms shall have the meanings 
        given. 
           (b) "Agency" means a department, agency, board, commission, 
        or other group in the executive branch of state government; a 
        statutory or home rule charter city, county, town, or school 
        district; any metropolitan agency or regional entity; and any 
        other political subdivision of the state. 
           (c) "Request" means a written application related to 
        zoning, septic systems, or the expansion of the metropolitan 
        urban service area, for a permit, license, or other governmental 
        approval of an action.  A request must be submitted in writing 
        to the agency on an application form provided by the agency, if 
        one exists.  The agency may reject as incomplete a request not 
        on a form of the agency if the request does not include 
        information required by the agency.  A request not on a form of 
        the agency must clearly identify on the first page the specific 
        permit, license, or other governmental approval being sought.  
        No request shall be deemed made if not in compliance with this 
        paragraph.  
           (d) "Applicant" means a person submitting a request under 
        this section.  An applicant may designate a person to act on the 
        applicant's behalf regarding a request under this section and 
        any action taken by or notice given to the applicant's designee 
        related to the request shall be deemed taken by or given to the 
        applicant. 
           Subd. 2.  [DEADLINE FOR RESPONSE.] (a) Except as otherwise 
        provided in this section, section 462.358, subdivision 3b, or 
        chapter 505, and notwithstanding any other law to the contrary, 
        an agency must approve or deny within 60 days a written request 
        relating to zoning, septic systems, or expansion of the 
        metropolitan urban service area for a permit, license, or other 
        governmental approval of an action.  Failure of an agency to 
        deny a request within 60 days is approval of the request.  If an 
        agency denies the request, it must state in writing the reasons 
        for the denial at the time that it denies the request. 
           (b) When a vote on a resolution or properly made motion to 
        approve a request fails for any reason, the failure shall 
        constitute a denial of the request provided that those voting 
        against the motion state on the record the reasons why they 
        oppose the request.  A denial of a request because of a failure 
        to approve a resolution or motion does not preclude an immediate 
        submission of a same or similar request. 
           (c) Except as provided in paragraph (b), if an agency, 
        other than a multimember governing body, denies the request, it 
        must state in writing the reasons for the denial at the time 
        that it denies the request.  If a multimember governing body 
        denies a request, it must state the reasons for denial on the 
        record and provide the applicant in writing a statement of the 
        reasons for the denial.  If the written statement is not adopted 
        at the same time as the denial, it must be adopted at the next 
        meeting following the denial of the request but before the 
        expiration of the time allowed for making a decision under this 
        section.  The written statement must be consistent with the 
        reasons stated in the record at the time of the denial.  The 
        written statement must be provided to the applicant upon 
        adoption.  
           Subd. 3.  [APPLICATION; EXTENSIONS.] (a) The time limit in 
        subdivision 2 begins upon the agency's receipt of a written 
        request containing all information required by law or by a 
        previously adopted rule, ordinance, or policy of the agency, 
        including the applicable application fee.  If an agency receives 
        a written request that does not contain all required 
        information, the 60-day limit starts over only if the agency 
        sends written notice within ten 15 business days of receipt of 
        the request telling the requester what information is missing.  
           (b) If an action a request relating to zoning, septic 
        systems, or expansion of the metropolitan urban service area 
        requires the approval of more than one state agency in the 
        executive branch, the 60-day period in subdivision 2 begins to 
        run for all executive branch agencies on the day a request 
        containing all required information is received by one state 
        agency.  The agency receiving the request must forward copies to 
        other state agencies whose approval is required. 
           (c) An agency response meets the 60-day time limit if the 
        agency can document that the response was sent within 60 days of 
        receipt of the written request. 
           (d) The time limit in subdivision 2 is extended if a state 
        statute, federal law, or court order requires a process to occur 
        before the agency acts on the request, and the time periods 
        prescribed in the state statute, federal law, or court order 
        make it impossible to act on the request within 60 days.  In 
        cases described in this paragraph, the deadline is extended to 
        60 days after completion of the last process required in the 
        applicable statute, law, or order.  Final approval of an agency 
        receiving a request is not considered a process for purposes of 
        this paragraph. 
           (e) The time limit in subdivision 2 is extended if:  (1) a 
        request submitted to a state agency requires prior approval of a 
        federal agency; or (2) an application submitted to a city, 
        county, town, school district, metropolitan or regional entity, 
        or other political subdivision requires prior approval of a 
        state or federal agency.  In cases described in this paragraph, 
        the deadline for agency action is extended to 60 days after the 
        required prior approval is granted. 
           (f) An agency may extend the time limit in subdivision 2 
        before the end of the initial 60-day period by providing written 
        notice of the extension to the applicant.  The notification must 
        state the reasons for the extension and its anticipated length, 
        which may not exceed 60 days unless approved by the applicant. 
           (g) An applicant may by written notice to the agency 
        request an extension of the time limit under this section. 
           Sec. 2.  [EFFECTIVE DATE.] 
           This act is effective June 1, 2003, for requests submitted 
        on or after that date. 
           Presented to the governor May 9, 2003 
           Signed by the governor May 13, 2003, 1:15 p.m.