2006 Minnesota Statutes

CHAPTER 15B. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD

15B.01 PURPOSES OF THE BOARD.
The purposes of the Capitol Area Architectural and Planning Board are:
(1) to preserve and enhance the dignity, beauty, and architectural integrity of the Capitol, the
buildings immediately adjacent to it, the Capitol grounds, and the Capitol Area;
(2) to protect, enhance, and increase the open spaces within the Capitol Area when
considered necessary and desirable to improve the public enjoyment of them;
(3) to develop proper approaches to the Capitol Area for pedestrians, the highway system,
and mass transit system so that the area achieves its maximum importance and accessibility; and
(4) to establish a flexible framework for growth of the Capitol buildings in keeping with the
spirit of the original design.
History: 1969 c 1150 s 1; 1974 c 580 s 4; 1980 c 614 s 47; 2003 c 17 s 1, subd 1;2

15B.02 BOUNDARY OF CAPITOL AREA.
(a) The Capitol Area is that part of the city of St. Paul inside the boundary described in
paragraph (b).
(b)(1) Beginning at the point of intersection of the center line of Pennsylvania Avenue
and the center line of Marion Street;
(2) then go southerly along the center line of Marion Street and its extension to a point 50
feet southerly of the south curb of Concordia Avenue;
(3) then, southeasterly along a line 50 feet southerly of, and parallel with, the south curb
of Concordia Avenue to a point 125 feet westerly of the west curb of southbound John Ireland
Boulevard;
(4) then, southwesterly along a line 125 feet westerly of, and parallel with, the west curb of
southbound John Ireland Boulevard to the south curb of Dayton Avenue;
(5) then, easterly along the south curb of Dayton Avenue to the west curb of southbound
John Ireland Boulevard;
(6) then, northeasterly in a straight line to the intersection of the center line of Old Kellogg
Boulevard and the center line of Summit Avenue;
(7) then, northeasterly along the center line of Summit Avenue to the center line of eastbound
new West Kellogg Boulevard;
(8) then, southeasterly along the center line of eastbound and then, southbound new West
Kellogg Boulevard to the easterly right-of-way line of Interstate Highway 35-E;
(9) then, northeasterly along the easterly right-of-way line of Interstate Highway 35-E to the
southerly right-of-way line of Interstate Highway 94;
(10) then, easterly along the southerly right-of-way line of Interstate Highway 94 to the
west curb of St. Peter Street;
(11) then, southeasterly along the west curb of St. Peter Street to the south curb of Exchange
Street;
(12) then, northeasterly along the south curb of Exchange Street to the west curb of Cedar
Street;
(13) then, northwesterly along the west curb of Cedar Street to the center line of Tenth Street;
(14) then, northeasterly along the center line of Tenth Street to the center line of Minnesota
Street;
(15) then, northwesterly along the center line of Minnesota Street to the center line of
Eleventh Street;
(16) then, northeasterly along the center line of Eleventh Street to the center line of Jackson
Street;
(17) then, northerly along the center line of Jackson Street to the center line of Pennsylvania
Avenue;
(18) then, westerly along the center line of Pennsylvania Avenue and its extension to the
point of beginning.
History: Ex1967 c 13 s 13; 1969 c 1150 s 2; 1971 c 25 s 9; 1971 c 926 s 1; 1973 c 501 s 1;
1974 c 580 s 5; 1Sp1985 c 15 s 31; 1989 c 335 art 1 s 57; 1994 c 632 art 4 s 18; 1995 c 254 art 1
s 42; 1999 c 250 art 1 s 44; 2003 c 17 s 1, subd 6;2

15B.03 CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD.
    Subdivision 1. Membership. (a) The Capitol Area Architectural and Planning Board, called
the board or the CAAPB in this chapter, has ten members.
(b) The lieutenant governor is a member.
(c) The governor must appoint four members.
(d) The mayor of St. Paul must appoint three members with the advice and consent of the
city council. One of the mayor's appointees must be a resident of the planning council district that
includes the Capitol Area.
(e) The speaker of the house must appoint a member of the house of representatives and the
president of the senate must appoint a senator.
(f) Each appointee must qualify by taking the oath of office.
    Subd. 2. Membership terms, compensation, removal, and vacancies. The membership
terms, compensation, and removal of board members and filling of vacancies on the board are
governed by section 15.0575.
    Subd. 3. Board officers; legal advisor. (a) The lieutenant governor is the chair of the board.
(b) The attorney general is the legal advisor to the board.
(c) The board may elect a vice-chair. The vice-chair may preside at meetings in the absence
of the lieutenant governor.
(d) The board may elect any other officers that it considers necessary to carry out its duties.
    Subd. 4. Executive secretary, employees, contractors. (a) The board must appoint an
executive secretary to serve the board.
(b) The board may employ any other officers and employees it considers necessary. Those
employed under this paragraph are in the state classified civil service.
(c) The board may contract for professional and other similar services on the terms it
considers desirable.
    Subd. 5. Board meetings. The board must meet at the call of the chair and may meet
at other times that it sets.
    Subd. 6. General rulemaking authority. The board may adopt rules under chapter 14,
the Administrative Procedure Act, that it believes are needed and reasonable to accomplish
the purposes of this chapter.
    Subd. 7. Expenses. (a) Except as provided in paragraph (b), the state must pay the
administrative and planning expenses of the board.
(b) The administrative and planning expenses of the board for federally funded capital
expenditures must be reimbursed to the state from the federal money as soon as it is received.
History: Ex1967 c 13 s 13; 1969 c 1150 s 1-3; 1974 c 580 s 4-6; 1976 c 134 s 6,7; 1980
c 614 s 47; 1Sp1981 c 4 art 2 s 2; 1983 c 305 s 11; 1Sp1985 c 13 s 90; 1993 c 144 s 1; 2003
c 17 s 1, subds 2-4,35,36,38,39;2

15B.05 COMPREHENSIVE USE PLAN.
    Subdivision 1. Comprehensive plan required. The board must have, and prescribe for the
Capitol Area, a comprehensive use plan called the comprehensive plan in this chapter.
    Subd. 2. Land uses. The comprehensive plan must show the current uses and recommend
future uses of land including, but not limited to:
(1) areas for public taking and use;
(2) zoning for private land and criteria for development of public land, including, but not
limited to, building areas, open spaces, and monuments and other memorials;
(3) circulation of vehicles and pedestrians;
(4) utility systems;
(5) storage of vehicles; and
(6) elements of landscape architecture.
    Subd. 3. Construction. No construction on public land in the Capitol Area may take place
unless the comprehensive plan and the requirement for a competition under section 15B.10 are
followed.
    Subd. 4. Exceptions. (a) Under section 15B.10, subdivision 4, the board may waive the
requirement of a competition.
(b) Under section 15B.13 a competition is not required.
    Subd. 5. Examples. Some examples of construction under subdivision 3 are building or
changing (1) a public building; (2) a street; (3) a parking lot; or (4) a monument.
    Subd. 6. Plan amendment prerequisites. An amendment to the comprehensive plan does
not take effect until after the CAAPB:
(1) gives 90 days' notice of the amendment to the St. Paul Planning Department and the
State Board of the Arts; and
(2) conducts a public hearing on the amendment with an opportunity for public testimony
at the hearing.
    Subd. 7. Cooperation. The CAAPB must develop and maintain the comprehensive plan
in close cooperation with the employment and economic development commissioner, St. Paul's
Planning Department and City Council, and the State Board of the Arts.
    Subd. 8. Priority for native vegetation. The board, as part of its comprehensive plan and
adopted zoning rules, must give priority to planting native trees and shrubs, or native grasses
wherever appropriate, within the Capitol Area.
History: Ex1967 c 13 s 13; 1969 c 1150 s 2; 1981 c 356 s 89; 1993 c 144 s 1; 1993 c 369 s
37; 1995 c 220 s 24; 2003 c 17 s 1, subds 5,14,16,27,28,50;2; 1Sp2003 c 4 s 2

15B.06 ZONING RULES.
    Subdivision 1. Zoning rules. (a) Under the comprehensive plan, the board may regulate
in the Capitol Area:
(1) the kind, character, height, and location of buildings and other structures;
(2) the size of yards and open spaces;
(3) the percentage of lots to be occupied; and
(4) the uses of land, buildings, and other structures.
(b) The regulation must be done by zoning rules adopted under chapter 14, the Administrative
Procedure Act.
    Subd. 2. Construction standards and design-review. The board, in its zoning rules, may
include standards and design-review procedures for proposed construction in the Capitol Area
that significantly affect the area's dignity, beauty, and architectural integrity.
    Subd. 3. Penalty. A person who violates a zoning rule of the board is guilty of a misdemeanor.
    Subd. 4. Abatement. The board may move to abate, by injunction, a violation of its zoning
rules.
History: 1969 c 1150 s 1; 1971 c 926 s 1; 1980 c 614 s 48; 1993 c 144 s 1; 2003 c 17 s
1, subds 7,8,10,11;2

15B.08 CONSTRUCTION PROCESS.
    Subdivision 1. Prerequisites. (a) A person must not begin construction in the Capitol Area
until after completing the steps in paragraph (b).
(b) The person must:
(1) submit the construction plans to the board;
(2) secure a zoning permit from the board; and
(3) secure a certificate from the board stating that the person has complied with the board's
standards and design-review procedures.
(c) The board must define construction in its rules.
    Subd. 2. Board approval. No substantial change to what is described in clause (1) or (2)
may be made until after the board consents to the change:
(1) the external appearance of a public building existing before July 1, 1967, that is approved
in the comprehensive plan; or
(2) the exterior or interior design of a new public building proposed after April 11, 1974,
whose plans are secured by competition under section 15B.10.
    Subd. 3. Written approval. No substantial change or improvement may be made to public
lands or public buildings in the Capitol Area without the written approval of the board.
History: Ex1967 c 13 s 13; 1974 c 580 s 5; 1990 c 426 art 1 s 7; 1993 c 144 s 1; 1993 c 369
s 37; 2003 c 17 s 1, subds 9,15,17;2

15B.10 DESIGN COMPETITIONS.
    Subdivision 1. Required and permitted competitions. (a) The board must secure plans
for a new public building by a competition.
(b) A competition also may be used for plans for a proposed (1) comprehensive plan; (2)
landscaping scheme; (3) street plan; (4) property acquisition; or (5) change to a public building,
landscaping scheme, or street plan.
(c) The competition must be conducted under rules adopted by the board.
(d) The competition must be of a type that meets the competition standards of the American
Institute of Architects.
    Subd. 2. Design ownership. When a design is selected in a competition it becomes the
property of the state.
    Subd. 3. Premiums; costs. The board may award premiums in a competition and may
pay the costs and fees required to conduct it.
    Subd. 4. Competition waiver. (a) Notwithstanding subdivision 1, paragraph (a), the board,
without a competition, may approve plans for a project estimated to cost less than $1,000,000.
(b) The plans still must have been considered by the advisory committee established under
section 15B.11.
(c) Notwithstanding paragraph (b), the advisory committee need not consider projects that
are in conformity with the comprehensive plan and that are:
(1) to construct a street; or
(2) estimated to cost less than $400,000.
History: Ex1967 c 13 s 13; 1969 c 1150 s 2; 1980 c 614 s 48; 1993 c 144 s 1; 1993 c 369 s
37; 2003 c 17 s 1, subds 18-21;2

15B.11 ADVISORY COMMITTEE ON ARCHITECTURE AND PLANNING.
    Subdivision 1. Advisory committee review. The board must not approve a plan for a new
public building under section 15B.10 or 15B.13 unless it first receives the comments and criticism
of the advisory committee established under subdivision 2 or unless the plan is excepted from the
consideration of the advisory committee under section 15B.10, subdivision 4, paragraph (c).
    Subd. 2. Advisory committee. (a) A three-member advisory committee to the CAAPB is
established. Each of the three must be either an architect or a planner. One must be appointed
by the CAAPB; one, by the State Board of the Arts; and one, by the Minnesota Society of the
American Institute of Architects.
(b) The advisory committee must advise the CAAPB on all architectural and planning
matters.
(c) Notwithstanding section 15.059, subdivision 5, or other law, the authority for appointment
of an advisory committee does not expire.
(d) An advisory committee member must not be a contestant in a CAAPB competition.
    Subd. 3. Data classification and use. (a) The advisory committee's comments and criticism
under subdivision 1 are public data under section 13.03, subdivision 1.
(b) To advise the board on all architectural and planning matters, the advisory committee
must be kept current about, and have access to, all data relating to the Capitol Area as the data is
developed or being prepared. Some examples of these types of data are plans, studies, reports,
and proposals.
(c) The obligation under paragraph (b) extends to data developed or being prepared by
(1) the commissioner of administration; (2) the commissioner of employment and economic
development; (3) the Metropolitan Council; (4) the city of St. Paul; or (5) one who is an architect,
planner, agency, or organization and who is engaged in any work or planning relating to the
Capitol Area.
(d) Paragraph (c), clause (5), applies to all the developers or preparers whether they are
public or private and whether or not they are retained by the board.
(e) If the data described in paragraph (b) is from a public employee or public agency it must
be filed with the board promptly after it is prepared.
(f) The board may employ a reasonable amount of clerical and technical help to assist the
committee to do its duties.
(g) When directed by the board, the advisory committee may serve as, or any of its members
may serve on, the jury for a competition or as the architectural advisor for a competition under
section 15B.10.
(h) The board must get the advice of its advisory committee before selecting the architectural
advisor or jurors for a competition.
History: Ex1967 c 13 s 13; 1969 c 1150 s 2; 1971 c 926 s 1; 1974 c 580 s 5; 1993 c 144 s 1;
1993 c 369 s 37; 2001 c 161 s 3; 2003 c 17 s 1, subds 23-25;2; 1Sp2003 c 4 s 2

15B.13 LIGHT RAIL.
(a) Notwithstanding section 15B.10, an architectural competition is not required for the
design of a light rail transit station or of light rail transit alignment within the Capitol Area.
(b) The board and its advisory committee must select a preliminary design for each transit
station in the Capitol Area.
(c) Then, each stage of a station's design through working drawings must be reviewed by the
board's advisory committee and be approved by the board. The review and approval are to ensure
that the station's design is compatible with the comprehensive plan and the board's design criteria.
(d) The guideway and track design of light rail transit alignment within the Capitol Area also
must be reviewed by the board's advisory committee and be approved by the board.
(e) From the money available for the light rail transit design, adequate money must be
available to the board for design-framework studies and for review of preliminary plans for light
rail transit alignment and stations in the Capitol Area.
History: 1993 c 144 s 1; 2003 c 17 s 1, subd 22;2

15B.15 ADMINISTRATION DEPARTMENT.
    Subdivision 1. Duties. The commissioner of administration must:
(1) act as a consultant to the board on the physical structural needs of the state; and
(2) do studies and report the results to the board when the board requests reports for its
planning.
    Subd. 2. Standards and policies. (a) The board and the commissioner of administration,
jointly, must have, prescribe, and periodically revise their standards and policies on the repair,
furnishing, appearance, and cleanliness of, and change to, the public and ceremonial areas
of the Capitol.
(b) The standards and policies are binding on the commissioner.
(c) Section 14.386 and the rest of chapter 14, the Administrative Procedure Act, do not
apply to this subdivision.
    Subd. 3. Capital requests. The commissioner of administration must consult with the board
about building sites and design standards for capital budget requests in the Capitol Area.
    Subd. 4. Interior architecture. The commissioner of administration must consult with
the board about internal changes that bring about substantial changes to the architecture of the
interior of a proposed building.
History: 1969 c 1150 s 2; 1974 c 580 s 5; 1991 c 345 art 1 s 50; 1993 c 144 s 1; 1993 c 369
s 37; 1997 c 187 art 5 s 7; 2003, c 17 s 1, subds 13,15a,29,49;2

15B.17 CAPITOL AREA PROPOSALS.
    Subdivision 1. Proposals. (a) Before a state agency or other public body develops, to submit
to the legislature and the governor, a budget proposal or plans for capital improvements within the
Capitol Area, it must consult with the board.
(b) The public body must provide enough money for the board's review and planning if the
board decides its review and planning services are necessary.
    Subd. 2. Expenses. (a) The state must pay the board's expenses for (1) competition
premiums; (2) land acquisition in the Capitol Area; and (3) capital improvements in the Capitol
Area to property owned or to be owned by the state.
(b) A public body other than the board that has its own expenses of the kinds described in
paragraph (a), clauses (1) to (3), must pay them itself.
History: Ex1967 c 13 s 13; 1991 c 345 art 1 s 49; 2003 c 17 s 1, subds 40,41;2

15B.19 CONSULTATION.
    Subdivision 1. Cooperation required. The board and the city of St. Paul must cooperate to
ensure that the area adjacent to the Capitol Area is developed in keeping with the purposes of
the board and with the comprehensive plan.
    Subd. 2. Duty to advise. The city of St. Paul must advise the board.
    Subd. 3. Historical Society to consult. The board must consult with and receive advice
from the director of the Minnesota State Historical Society on the historic fidelity of plans for
the Capitol.
History: 1971 c 926 s 1; 1974 c 580 s 5; 1980 c 614 s 48; 1993 c 369 s 37; 2003 c 17 s
1, subds 12,26,30;2

15B.21 RESPONSIBILITIES TO LEGISLATURE.
    Subdivision 1. Report required. (a) The board, after consulting with the commissioner
of administration, must report to the legislature and the governor before October 2 of each
even-numbered year.
(b) The report must describe the status of implementing the comprehensive plan.
(c) The report must also include a program for capital improvements and site development.
The commissioner of administration must provide the necessary cost estimates for the program.
    Subd. 2. Update reports required. (a) A change to the comprehensive plan that is adopted
by the board must then be reported by the board to the legislative committees with jurisdiction
over state governmental operations policy.
(b) If asked, the board must give testimony on the changes.
    Subd. 3. Testimony required. (a) The board must give testimony to the legislature on any
proposal for a memorial in the Capitol Area.
(b) The testimony must deal with the proposal's compatibility with the standards, policies,
and objectives of the comprehensive plan.
History: 1974 c 580 s 5; 1980 c 614 s 48; 1993 c 144 s 1; 2003 c 17 s 1, subds 31-33;2

15B.23 CONVEYANCES OF PROPERTY.
    Subdivision 1. Conveyances; St. Paul. (a) The city of St. Paul may convey to the state,
without compensation, any property within the Capitol Area that is owned by the city.
(b) The state may transfer to the city, without compensation, any property acquired for the
purposes in section 15B.01 within the street lines of streets established as a part of the city's part
of the comprehensive plan.
(c) Capitol Area tax-forfeited land held by the state in trust for its taxing subdivisions is not
subject to sale or repurchase except as provided in this section and section 15B.24 unless a law
expressly changes or supersedes this section or section 15B.24 to provide otherwise.
    Subd. 2. Conveyances; St. Paul Housing and Redevelopment Agency. (a) The board
may direct the commissioner of administration to convey a parcel to the St. Paul Housing and
Redevelopment Agency after the parcel vests, unencumbered, in the state under this section or
section 15B.24.
(b) The conveyance must be without compensation and made by quitclaim deed, and is
subject to any restrictive easements the board determines to be necessary to implement the
comprehensive plan.
History: 1969 c 1150 s 4; 1971 c 25 s 10; 1971 c 926 s 2; 1982 c 422 s 1; 2003 c 17 s 1,
subds 42,44;2

15B.24 CAPITOL AREA TAX-FORFEITED LANDS.
    Subdivision 1. Scope. This section governs the treatment of tax-forfeited lands in the Capitol
Area. Sections 383A.17 and 383A.76 relating to Ramsey County also may apply.
    Subd. 2. Recording trust title. When the state gains custody of a tax-forfeited parcel in the
Capitol Area, the state's fee ownership of the parcel held in trust for the state's taxing subdivisions
must be recorded in the county recorder's office.
    Subd. 3. Parcel descriptions. Then, the Ramsey County Board must submit to the CAAPB
the property description of the parcel with a list of the structures on the parcel.
    Subd. 4. Options; default of parcel. (a) Within 90 calendar days after receiving the county
board's submission, the CAAPB may either:
(1) direct the commissioner of revenue to release the tax-forfeited parcel from the trust
for the taxing subdivisions of the state, thus vesting unencumbered title to the property in the
name of the state; or
(2) authorize the parcel to be disposed of according to chapter 282, but only if the parcel
is then used in accordance with some or all of the standards, policies, and guidelines of the
comprehensive plan.
(b) If the CAAPB fails to act on the parcel within the 90 days, the parcel's disposition is
governed by chapter 282.
    Subd. 5. Restrictive easements. A conveyance under subdivision 4, paragraph (a), clauses
(1) and (2), is subject to the restrictive easements that the CAAPB determines to be necessary to
implement the comprehensive plan.
    Subd. 6. Maintenance of parcel. (a) Until the parcel is released from the trust and during
the 90-day period referred to in subdivision 4, the county board has the authority to maintain the
parcel to minimize risk to persons and to contiguous property.
(b) If the parcel is released from the trust and conveyed unencumbered to the state, the
commissioner of administration must maintain the parcel.
    Subd. 7. Trust release. (a) When the board directs the commissioner of revenue to release a
parcel under subdivision 4, paragraph (a), clause (1):
(1) the commissioner of revenue must release the parcel from the trust in favor of the taxing
jurisdiction of the state; and
(2) on executing the release, the commissioner of revenue must certify the release to the
county auditor.
(b) The attorney general must prescribe the forms of the release and the certificate described
in paragraph (a).
History: 1969 c 1150 s 4; 1981 c 301 s 5; 1982 c 422 s 1; 2003 c 17 s 1, subd 43;2

15B.26 CONFLICT OF INTEREST.
    Subdivision 1. Elements. (a) A person has a conflict of interest under this section if:
(1) the person is a board member, or is employed or retained by the board;
(2) the person has a financial interest in a business enterprise or activity within the Capitol
Area, or in constructing or maintaining a facility within the Capitol Area for the enterprise or
activity; and
(3) the board's approval is in any way required by law for the business enterprise or activity
or for constructing or maintaining the facility.
(b) For purposes of this section, it does not matter whether the financial interest mentioned in
paragraph (a), clause (2), is direct or indirect.
    Subd. 2. Penalty. A person who has a conflict of interest under subdivision 1 is guilty of a
gross misdemeanor.
History: 1969 c 1150 s 4; 1974 c 580 s 7; 2003 c 17 s 1, subds 45,46;2

15B.28 OUTDOOR ADVERTISING.
    Subdivision 1. Advertising devices restricted. No advertising devices may be erected
within the boundaries of the Capitol Area unless done so pursuant to rules of the board.
    Subd. 2. Advertising device defined. "Advertising device" means any billboard, sign, poster,
display, or other device visible to and primarily intended to advertise or to attract, and includes:
(1) a structure erected primarily for use in connection with the display of an advertising
device; and
(2) all lighting and other attachments used in connection with the advertising device.
    Subd. 3. Advertising a business on the premises. Advertising devices to advertise a
business conducted on the premises where the advertising is located may be permitted and erected
according to rules adopted by the board.
    Subd. 4. Removal of devices. Advertising devices that do not comply with the board's rules
may be ordered by the board to be removed.
    Subd. 5. Compensation. The owner of the advertising device and the owner of the real
property involved must be paid just compensation for their interests that are affected by the
removal.
    Subd. 6. Penalty. A person who violates this section is guilty of a misdemeanor.
History: 1969 c 1150 s 5; 1971 c 926 s 3; 2003 c 17 s 1, subds 47,48;2

15B.31 CAPITOL AREA LAND ACQUISITION.
(a) The state, on recommendation of the board and within appropriations available for the
purpose, must acquire by gift, purchase, or eminent domain proceedings, any real property in the
Capitol Area if the board finds that the property is needed to expand or beautify the area. The
acquisition may be of less than a fee simple interest in the property.
(b) The acquisition must be made for the state by the attorney general.
History: Ex1967 c 13 s 13; 1969 c 1150 s 2; 1993 c 144 s 1; 2003 c 17 s 1, subd 34;2