Minnesota Session Laws - 2007, Regular Session

CHAPTER 92--S.F.No. 961

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 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, existing on or before August 1, 2007, 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 persons seeking recreation, for periods of one day or longer, and having for rent three or more cabins, rooms, campsites, or enclosures. A shoreland commercial establishment 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 must not allow residential use of a dwelling unit or site, except dwellings used as residences for the service providers. 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, including the replacement of aging or outdated components or systems of the structure, while not increasing the structure's footprint on the land; 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" the standards or codes means that the replacement structure does not add new architectural elements, such as more bedrooms, that did not exist in 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 the 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

Presented to the governor May 17, 2007

Signed by the governor May 21, 2007, 1:29 p.m.