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Office of the Revisor of Statutes

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

                             CHAPTER 93-H.F.No. 293 
                  An act relating to municipalities; allowing the 
                  prescribing of certain fees by a fee schedule; 
                  amending Minnesota Statutes 2002, section 462.353, 
                  subdivision 4, by adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 462.353, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FEES.] A municipality may prescribe fees 
        sufficient to defray the costs incurred by it in reviewing, 
        investigating, and administering an application for an amendment 
        to an official control established pursuant to sections 462.351 
        to 462.364 or an application for a permit or other approval 
        required under an official control established pursuant to those 
        sections.  Except as provided in subdivision 4a, fees as 
        prescribed must be by ordinance and.  Fees must be fair, 
        reasonable, and proportionate to the actual cost of the service 
        for which the fee is imposed.  A municipality shall adopt 
        management and accounting procedures to ensure that fees are 
        maintained and used only for the purpose for which they are 
        collected. 
           If a dispute arises over a specific fee imposed by a 
        municipality related to a specific application, the amount of 
        the fee must be deposited and held in escrow, and the person 
        aggrieved by the fee may appeal under section 462.361.  An 
        approved application may proceed as if the fee had been paid, 
        pending a decision on the appeal.  
           Sec. 2.  Minnesota Statutes 2002, section 462.353, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [FEE SCHEDULE ALLOWED.] A municipality that 
        collects an annual cumulative total of $5,000 or less in fees 
        under this section may prescribe the fees or refer to a fee 
        schedule in the ordinance governing the official control or 
        permit.  A municipality may adopt a fee schedule under this 
        subdivision by ordinance or resolution, either annually or more 
        frequently, following publication of notice of proposed action 
        on a fee schedule at least ten days prior to a public hearing 
        held to consider action on or approval of the fee schedule.  A 
        municipality that collects a cumulative total in excess of 
        $5,000 in fees under this section may prescribe a fee schedule 
        by ordinance by following the notice and hearing procedures 
        specified in this subdivision. 
           Presented to the governor May 20, 2003 
           Signed by the governor May 23, 2003, 3:40 p.m.