CHAPTER 462. HOUSING, REDEVELOPMENT, PLANNING, ZONING
Table of Sections
|462.01||Repealed, 1965 c 670 s 14
|462.02||Repealed, 1965 c 670 s 14
|462.03||Repealed, 1965 c 670 s 14
|462.04||Repealed, 1965 c 670 s 14
|462.05||Repealed, 1965 c 670 s 14
|462.06||Repealed, 1965 c 670 s 14
|462.07||Repealed, 1965 c 670 s 14
|462.08||Repealed, 1965 c 670 s 14
|462.09||Repealed, 1965 c 670 s 14
|462.10||Repealed, 1965 c 670 s 14
|462.11||Repealed, 1965 c 670 s 14
|462.111||APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.|
|462.12||RESTRICTED RESIDENCE DISTRICTS.|
|462.13||COUNCIL GIVEN POWER OF EMINENT DOMAIN.|
|462.14||APPRAISAL OF DAMAGE.|
|462.15||MAP, PLAT, PARCEL LIST MADE, FILED; TAX, ASSESSMENTS.|
|462.16||POWER TO ENACT ORDINANCES TO ENFORCE COUNCIL RIGHTS.|
|462.17||BUILDINGS DECLARED A NUISANCE.|
|462.18||Repealed, 1965 c 670 s 14
|462.19||Repealed, 1965 c 670 s 14
|462.20||Repealed, 1965 c 670 s 14
|462.21||Repealed, 1965 c 670 s 14
|462.22||Repealed, 1965 c 670 s 14
|462.23||Repealed, 1965 c 670 s 14
|462.351||MUNICIPAL PLANNING AND DEVELOPMENT; POLICY STATEMENT.|
|462.353||AUTHORITY TO PLAN; FUNDS; FEES; APPEAL.|
|462.3531||WAIVER OF RIGHTS.|
|462.354||ORGANIZATION FOR PLANNING.|
|462.355||ADOPT, AMEND COMPREHENSIVE PLAN; INTERIM ORDINANCE.|
|462.356||PROCEDURE TO EFFECT PLAN: GENERALLY.|
|462.357||OFFICIAL CONTROLS: ZONING ORDINANCE.|
|462.358||OFFICIAL CONTROLS: SUBDIVISION REGULATION; DEDICATION.|
|462.3585||JOINT PLANNING BOARD.|
|462.359||PROCEDURE TO EFFECT PLAN: OFFICIAL MAPS.|
|462.3595||CONDITIONAL USE PERMITS.|
|462.36||CERTIFIED COPIES FILED WITH COUNTY RECORDER.|
|462.3612||HOUSING FISCAL IMPACT NOTES.|
|462.362||ENFORCEMENT AND PENALTY.|
|462.363||PRESENT ORDINANCES CONTINUED.|
|462.365||EXTENSION OF TIME FOR COMPLIANCE.|
|462.371||REGIONAL PLANNING ACTIVITIES.|
|462.372||REGIONAL PLANNING BOARDS.|
|462.373||REGIONAL PLANNING BOARD; POWERS AND DUTIES.|
|462.374||ADOPTION OF PLAN BY LOCAL UNITS.|
|462.375||REGIONAL DEVELOPMENT PLAN; FILING AND DISTRIBUTION.|
REGIONAL DEVELOPMENT ACT OF 1969
|462.383||PURPOSE: GOVERNMENT COOPERATION AND COORDINATION.|
|462.385||DESIGNATION OF REGIONS.|
|462.386||OTHER PLANNING REGIONS TO CONFORM; EXCEPTION.|
|462.387||REGIONAL DEVELOPMENT COMMISSIONS; ESTABLISHMENT.|
|462.389||DEVELOPMENT COMMISSION CHAIR; OFFICERS AND STAFF.|
|462.39||POWERS AND DUTIES.|
|462.391||SPECIFIC POWERS AND DUTIES.|
|462.3912||REGIONAL HOUSING DEVELOPMENT.|
|462.392||Repealed, 1997 c 231 art 12 s 27
|462.393||ANNUAL REPORT TO UNITS, PUBLIC, GOVERNOR, LEGISLATURE.|
|462.394||CITIZEN PARTICIPATION AND ADVISORY COMMITTEES.|
|462.395||DUTIES OF STATE AGENCIES.|
|462.396||GRANTS; LEVIES; BUDGET; ACCOUNTS; AUDITS; BIDS; DEPOSITS.|
|462.397||BORROWING MONEY; CERTIFICATES OF INDEBTEDNESS.|
|462.398||TERMINATION OF COMMISSION.|
|462.41||Repealed, 1947 c 487 s 61
|462.411||Repealed, 1987 c 291 s 244
|462.415||Repealed, 1987 c 291 s 244
|462.42||Repealed, 1947 c 487 s 61
|462.421||Repealed, 1987 c 291 s 244
|462.425||Repealed, 1987 c 291 s 244
|462.426||Repealed, 1987 c 291 s 244
|462.427||Repealed, 1987 c 291 s 244
|462.428||Repealed, 1987 c 291 s 244
|462.429||Repealed, 1987 c 291 s 244
|462.4291||Repealed, 1987 c 291 s 244
|462.43||Repealed, 1947 c 487 s 61
|462.431||Repealed, 1981 c 79 s 2
|462.432||Repealed, 1987 c 291 s 244
|462.435||Repealed, 1987 c 291 s 244
|462.44||Repealed, 1947 c 487 s 61
|462.441||Repealed, 1987 c 291 s 244
|462.445||Repealed, 1987 c 291 s 244
|462.45||Repealed, 1947 c 487 s 61
|462.451||Repealed, 1987 c 291 s 244
|462.455||Repealed, 1987 c 291 s 244
|462.46||Repealed, 1947 c 487 s 61
|462.461||Repealed, 1987 c 291 s 244
|462.465||Repealed, 1987 c 291 s 244
|462.466||Repealed, 1987 c 291 s 244
|462.47||Repealed, 1947 c 487 s 61
|462.471||Repealed, 1987 c 291 s 244
|462.475||Repealed, 1987 c 291 s 244
|462.48||Repealed, 1947 c 487 s 61
|462.481||Repealed, 1987 c 291 s 244
|462.485||Repealed, 1987 c 291 s 244
|462.49||Repealed, 1947 c 487 s 61
|462.491||Repealed, 1987 c 291 s 244
|462.495||Repealed, 1987 c 291 s 244
|462.50||Repealed, 1947 c 487 s 61
|462.501||Repealed, 1987 c 291 s 244
|462.505||Repealed, 1987 c 291 s 244
|462.51||Repealed, 1947 c 487 s 61
|462.511||Repealed, 1987 c 291 s 244
|462.515||Repealed, 1987 c 291 s 244
|462.52||Repealed, 1947 c 487 s 61
|462.521||Repealed, 1987 c 291 s 244
|462.525||Repealed, 1987 c 291 s 244
|462.53||Repealed, 1947 c 487 s 61
|462.531||Repealed, 1987 c 291 s 244
|462.535||Repealed, 1987 c 291 s 244
|462.54||Repealed, 1947 c 487 s 61
|462.541||Repealed, 1987 c 291 s 244
|462.545||Repealed, 1987 c 291 s 244
|462.55||Repealed, 1947 c 487 s 61
|462.551||Repealed, 1987 c 291 s 244
|462.555||Repealed, 1987 c 291 s 244
|462.556||Repealed, 1987 c 291 s 244
|462.56||Repealed, 1947 c 487 s 61
|462.561||Repealed, 1987 c 291 s 244
|462.565||Repealed, 1987 c 291 s 244
|462.57||Repealed, 1947 c 487 s 61
|462.571||Repealed, 1987 c 291 s 244
|462.575||Repealed, 1987 c 291 s 244
|462.58||Repealed, 1947 c 487 s 61
|462.581||Repealed, 1987 c 291 s 244
|462.585||Repealed, 1987 c 291 s 244
|462.59||Repealed, 1947 c 487 s 61
|462.591||Repealed, 1987 c 291 s 244
|462.595||Repealed, 1987 c 291 s 244
|462.60||Repealed, 1947 c 487 s 61
|462.601||Repealed, 1987 c 291 s 244
|462.605||Repealed, 1987 c 291 s 244
|462.61||Repealed, 1947 c 487 s 61
|462.611||Repealed, 1987 c 291 s 244
|462.615||Repealed, 1987 c 291 s 244
|462.62||Repealed, 1947 c 487 s 61
|462.621||Repealed, 1987 c 291 s 244
|462.625||Repealed, 1987 c 291 s 244
|462.63||Repealed, 1947 c 487 s 61
|462.631||Repealed, 1987 c 291 s 244
|462.635||Repealed, 1987 c 291 s 244
|462.64||Repealed, 1947 c 487 s 61
|462.641||Repealed, 1987 c 291 s 244
|462.645||Repealed, 1987 c 291 s 244
|462.65||Repealed, 1947 c 487 s 61
|462.651||Repealed, 1987 c 291 s 244
|462.655||Repealed, 1987 c 291 s 244
|462.66||Repealed, 1947 c 487 s 61
|462.661||Repealed, 1987 c 291 s 244
|462.665||Repealed, 1987 c 291 s 244
|462.67||Repealed, 1947 c 487 s 61
|462.671||Repealed, 1987 c 291 s 244
|462.675||Repealed, 1987 c 291 s 244
|462.68||Repealed, 1947 c 487 s 61
|462.681||Repealed, 1987 c 291 s 244
|462.685||Repealed, 1987 c 291 s 244
|462.69||Repealed, 1947 c 487 s 61
|462.691||Repealed, 1987 c 291 s 244
|462.695||Repealed, 1987 c 291 s 244
|462.70||Repealed, 1947 c 487 s 61
|462.701||Repealed, 1987 c 291 s 244
|462.705||Repealed, 1987 c 291 s 244
|462.71||Repealed, 1947 c 487 s 61
|462.711||Repealed, 1981 c 356 s 247
|462.712||Repealed, 1987 c 291 s 244
|462.713||Repealed, 1987 c 291 s 244
|462.714||Repealed, 1987 c 291 s 244
|462.715||Repealed, 1987 c 291 s 244
|462.716||Repealed, 1987 c 291 s 244
|462.73||Repealed, 1947 c 487 s 61
|462.74||Repealed, 1947 c 487 s 61
|462.75||Repealed, 1947 c 487 s 61
|462.76||Repealed, 1947 c 487 s 61
|462.77||Repealed, 1947 c 487 s 61
|462.78||Repealed, 1947 c 487 s 61
|462.79||Repealed, 1947 c 487 s 61
|462.80||Repealed, 1947 c 487 s 61
|462.81||Repealed, 1947 c 487 s 61
462.111 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3
462.12 RESTRICTED RESIDENCE DISTRICTS.
Any city of the first class may, through its council, upon petition of 50 percent of the owners
of the real estate in the district sought to be affected, by resolution, designate and establish by
proceedings hereunder restricted residence districts and in and by such resolution and proceedings
prohibit the erection, alteration, or repair of any building or structure for any one or more of the
purposes hereinafter named, and thereafter no building or other structure shall be erected, altered
or repaired for any of the purposes prohibited by such resolution and proceedings, which may
prohibit the following: hotels, restaurants, eating houses, mercantile business, stores, factories,
warehouses, printing establishments, tailor shops, coal yards, ice houses, blacksmith shops, repair
shops, paint shops, bakeries, dyeing, cleaning and laundering establishments, billboards and
other advertising devices, public garages, public stables, apartment houses, tenement houses, flat
buildings, any other building or structure for purposes similar to the foregoing. Public garages and
public stables shall include those, and only those, operated for gain.
Nothing herein contained shall be construed to exclude double residences or duplex houses,
so-called schools, churches, or signs advertising for rent or sale the property only on which
they are placed, and nothing herein contained shall be construed so as to prohibit the council of
any such city of the first class from permitting the remodeling or reconstruction of the interior
of any structure in any such restricted residence district which possesses a gross ground area
delineated by its foundation walls of at least 1,000 square feet, so that the same shall contain
separate accommodations for several, not in excess of four, families; provided that the substantial
alteration of the exterior of any such structure shall not be authorized in any such case; and
provided further, that such city council shall expressly find in each such case that such remodeling
or alteration shall be consistent with the public health and safety.
No building or structure erected after the creation of such district shall be used for any
purpose for which its erection shall be prohibited hereunder.
The term "council" in sections
means the chief governing body of the city
by whatever name called.
Any district or any portion thereof created under the provisions of sections
may be vacated and the restrictions thereon removed by the council upon petition of 50 percent of
the owners of the real estate in the original district. A portion of a restricted residence district
may be vacated and relieved of the restrictions imposed thereon pursuant to sections
by the council upon petition of the owners of the portion of the district sought to be
relieved if such portion or lot sought to be relieved does not in any part lie between other portions
of such restricted district, or if the portion sought to be relieved abuts upon a public street or alley
along one border of such district and extends along said public street or alley the entire distance
between cross streets, or if the portion or lot sought to be relieved is contiguous to, along one or
both sides, or across a public street along its entire front from a parcel of land which shall be duly
zoned under a valid municipal zoning ordinance for commercial, multiple dwelling or industrial
purposes. The vacation of such district or portion thereof and the removal of the restrictions
therefrom shall be accomplished in the same manner herein provided for the creation of any such
district, and in the vacation of any such district or any portion thereof and the removal of such
restrictions each and all of the provisions of sections
as to allowance of damages
and benefits to property affected and as to the appointment of commissioners to appraise such
damages and benefits and the duties of such commissioners, of the city clerk, and of each and all
of the other officers upon whom duties are herein imposed shall be complied with, and when such
proceedings for the vacation of any such district or portion thereof shall have been completed, the
property included within such district or portion thereof so vacated shall be deemed relieved of
each and all of the restrictions imposed in the proceeding creating such district. In the allowance
of damages and benefits to property affected by any proposed vacation, no evidence shall be
received, or consideration given to the existence of any other restriction or any restrictive or
zoning ordinance, law, or regulation.
History: (1618) 1915 c 128 s 1; 1923 c 133 s 1; 1925 c 122 s 1; 1931 c 290 s 1; 1943 c 246 s 1
462.13 COUNCIL GIVEN POWER OF EMINENT DOMAIN.
The council shall first, after causing the probable costs of the proceedings, if abandoned, to
be deposited or secured by the petitioners, designate the restricted residence district and shall
have power to acquire by eminent domain the right to exercise the powers granted by sections
by proceedings hereinafter defined, and when such proceedings shall have been
completed, the right to exercise such powers shall be vested in the city.
History: (1619) 1915 c 128 s 2; 1931 c 290 s 2; 2006 c 214 s 20
462.14 APPRAISAL OF DAMAGE.
Subdivision 1. Appraisers.
The council shall appoint five appraisers who shall be
disinterested qualified voters of the city, and none of whom shall be a resident of the ward or
wards in which any part of the district so designated is situate, to view the premises and appraise
the damages which may be occasioned by the establishment of such restricted residence district
and by the exercise by the city of the powers herein granted.
The appraisers shall be notified as soon as practicable by the city clerk, as the case may be,
to attend at a time fixed, for the purpose of qualifying and entering upon their duties. When a
vacancy may occur among the appraisers by neglect or refusal of any of them to act or otherwise,
such vacancy shall be filled by the council.
Subd. 2. Oath of appraisers.
The appraisers shall be sworn to discharge their duty as
appraisers in the matter with impartiality and fidelity; and to make due return of their acts
to the council.
Subd. 3. Notice of hearing by publication.
The appraisers shall give notice, by publication
in the official newspaper of the city, once a week for two consecutive weeks, which last
publication shall be at least ten days before the day of such meeting, which notice shall contain a
general description of the lands designated by the council, and give notice that a plat of the same
has been filed in the office of the city clerk, and that the appraisers will meet at a place and time
designated in the notice, and thence proceed to view the premises and appraise the damages which
may be occasioned by the establishment of such restricted residence district and by the exercise
by the city of the powers herein granted, and to assess benefits in the manner hereinafter specified.
Subd. 4. Appraisal of damages.
The city clerk shall, after the first publication of such
notice, and at least six days (Sunday excluded) prior to the meeting specified in said notice, serve
upon each person having an interest as owner or mortgagee in each parcel of land in said district
as shown by the records in the office of the county recorder a copy of the notice by depositing
the same in the post office of the city, with first class postage prepaid, in an envelope bearing
on its front in type no smaller than 10-point the words "Notice of Restricted Residence District
Proceedings Affecting Your Property" or "Notice of Proceedings to Vacate Restricted Residence
Districts Affecting Your Property," as the case may be, directed to such person at the person's
last known place of residence, if known to the city clerk, but if not known, then to the person's
place of residence as given in the last published city directory of the city, if the person's name
appears therein, or obtained from the records of such owner's address last given on tax receipts
in the office of the county treasurer or auditor, or, in the case of mortgagees, to the address,
if any, appearing in the mortgage.
After the first publication of the notice, and at least six days (Sunday excluded) prior to
the meeting specified in the notice, a copy of the same shall also be served upon the person in
possession of each of the tracts or parcels of land, or some part thereof, if the same be actually
occupied, in the same manner as provided for the service of summons in a civil action in the
district court. A copy of all subsequent notices relating to said proceedings which are required
to be published, shall be mailed by said clerk in the manner above specified, immediately after
the first publication thereof, to owners and mortgagees in the manner and to the address above
provided and to such persons as shall have appeared in said proceedings and requested in writing
that such notice be mailed to them.
Subd. 5. Hearing and assessment.
At the time and place mentioned in the notice, the
appraisers shall meet and thence proceed to view the premises, and may hear the evidence or proof
offered by the parties interested, and may adjourn from time to time for the purposes aforesaid.
When their view and hearing shall be concluded they shall determine the amount of damages, if
any, suffered by each piece or parcel of land of which each piece or parcel of land in the district is a
part. They shall also determine the amount of benefits, if any, to each such piece or parcel of land.
If the damages exceed the benefits to any particular piece, the excess shall be awarded as damages.
If the benefits exceed the damages to any particular piece, the difference shall be assessed as
benefits, but the costs of the proceedings, including printers' fees, appraisers' fees, cost of serving
notices and other expenses, shall be added to the amount to be assessed. The total assessments
for benefits, however, shall not be greater than the aggregate net award of damages, including
the costs of the proceedings as above provided; and in every case the benefits assessed upon the
several parcels shall be in proportion to the actual benefits received, and no assessment upon any
particular piece shall exceed the amount of actual benefits after deducting the damages, if any.
Subd. 6. Separate assessment.
If the land and buildings belong to different persons, or if
the land be subject to lease, mortgage or judgment, or if there be any estate less than an estate
in fee, the injury or damage done to such persons or interests respectively may be awarded to
them separately by the appraisers. Neither such award of the appraisers, nor the confirmation
thereof by the council shall be deemed to require the payment of such damages to the person or
persons named in such award in case it shall transpire that such person or persons are not entitled
to receive the same.
Subd. 7. Report of appraisers.
The appraisers having ascertained and appraised the damages
and benefits as aforesaid, shall make and file with the city clerk a written report of their action
in the premises, embracing a schedule and appraisement of the damages awarded and benefits
assessed, with descriptions of the lands, and the names of the owners, if known to them and also
a statement of the costs of the proceedings.
Subd. 8. Council action.
Upon such report being filed, the city clerk shall give notice that
such appraisement has been returned, and that the same will be considered by the council at
a meeting thereof to be named in the notice, which notice shall be published in the official
newspaper of the city, once a week for two consecutive weeks, and the last publication shall be
at least ten days before such meeting. The council upon the day fixed for the consideration of
such report, or at any subsequent meeting to which the same may stand over or be referred, shall
have power in their discretion to confirm, revise or annul the appraisement and assessment, giving
due consideration to any objections interposed by parties interested in the manner hereinafter
specified, provided that the council shall not have the power to reduce the amount of any award,
nor increase any assessment. In case the appraisement and assessment is annulled, the council
may thereupon appoint new appraisers, who shall proceed, in like manner, as in case of the first
appraisement, and upon the coming in of their report, the council shall proceed in a like manner
and with the same powers as in the case of the first appraisement.
Subd. 9. Awards.
If not annulled or set aside, such awards shall be final, and shall be a
charge upon the city, for the payment of which the credit of the city shall be pledged. Such
assessments shall be and remain a lien and charge upon the respective lands until paid. The awards
shall be paid to the persons entitled thereto, or shall be deposited and set apart in the treasury of
the city for the use of the parties entitled thereto, within six months after the confirmation of the
appraisement and award. In case any appeal or appeals shall be taken from the order confirming
the appraisement and assessment, as hereinafter provided, then the time for payment of the awards
shall be extended until and including 60 days after the final determination of all appeals taken in
the proceeding, and in case of any change in the awards or assessments upon appeal, the council
may, by resolution duly adopted, at any time within 60 days after the determination of all appeals,
set aside the entire proceeding. Any awards so set aside shall not be paid, and the proceedings as
to the tracts for which the awards are so set aside shall be deemed abandoned. Any awards not so
set aside shall be a charge upon the city, for the payment of which the credit of the city shall be
pledged. All awards shall bear interest at the rate of six percent per annum from the time of the
filing of the original appraisers' report and all subsequent awards and awards upon appeal shall be
made as of the day and date of filing of such original reports.
Subd. 10. Deposit of damages.
Upon the conclusion of the proceedings and the payment
of the awards, the several tracts of lands shall be deemed to be taken and appropriated for the
purpose of sections
, and the right above specified shall vest absolutely in the
city in which the lands are situate. In case the council shall in any case be unable to determine to
whom the damages should in any particular case be paid, or in case of adverse claim in relation
thereto, or in case of the legal disability of any person interested, the council shall, and in any and
every case, the council may in its discretion deposit the amount of damages with the district court
of the county in which such lands are situate, for the use of the parties entitled thereto, and the
court shall, upon the application of any person interested and upon such notice as the court shall
prescribe, determine who is entitled to the award, and shall order the same paid accordingly. Any
such deposit shall have the same effect as the payment to the proper persons.
Subd. 11. Objections; appeal to district court.
Any owner of land within the district who
deems that there is any irregularity in the proceedings of the council, or action of the appraisers,
by reason of which the award of the appraisers ought not to be confirmed, or who is dissatisfied
with the amount of damages awarded, to the owner or the assessment thereon, may at any time
before the time specified for the consideration of the award and assessment by the council, file
with the city clerk, in writing, objections to such confirmation, setting forth therein specifically the
particular irregularities complained of, and the particular objection to the award or assessment,
and containing a description of the property in which the owner is interested, affected by such
proceedings and the owner's interest therein, and if, notwithstanding such objections the council
shall confirm the award, or assessment, such person so objecting shall have the right to appeal
from such order of confirmation of the council to the district court of the county where such land
is situate, within 20 days after such order. Such appeals shall be made by serving a written notice
of appeal upon the city clerk which shall specify the property of the appellant affected by such
award and refer to the objection filed as aforesaid, thereupon the city clerk, at the expense of the
appellant, shall make out and transmit to the court administrator of the district court a copy of the
record of the entire proceedings, and of the award of the appraisers as confirmed by the council
and of the order of the council confirming the same, and of the objections filed by the appellant, as
aforesaid, and of the notice of appeal, all certified by the city clerk to be true copies, within ten
days after the taking of such appeal. If more than one appeal be taken from any award, it shall not
be necessary that the city clerk in appeals subsequent to the first, shall send up anything but a
certified copy of the appellant's objections. There shall be no pleading on any appeal, but the court
shall determine in the first instance whether there was in the proceedings any such irregularity or
omission of duty prejudicial to the appellant and specified in the appellant's written objection
that as to the appellant the award or assessment of the appraisers ought not to stand, and whether
the appraisers had jurisdiction to take action in the premises.
Subd. 12. Court proceedings.
The case may be brought on for hearing on eight days' notice,
at any general or special term of the court, and the judgment of the court shall be to confirm or
annul the proceedings, only so far as they affect the property of the appellant proposed to be
included in the district or damaged or assessed, and described in the written objection. If the
amount of damages or benefits assessed is complained of by the appellant, the court shall, if
the proceedings are confirmed in other respects, appoint three disinterested qualified voters as
appraisers to reappraise the damages and reassess benefits as to the property of appellant. The
parties to the appeal shall be heard by the court upon the appointment of the appraisers. The court
shall fix the time and place of meeting of the appraisers. They shall be sworn to the faithful
discharge of their duties as appraisers, and proceed to view the premises and to hear the parties
interested, with their allegations and proofs pertinent to the question of the amount of damages or
benefits. The appraisers shall be governed by the same provisions in respect to the method of
arriving at the amount of damages or benefits and in all other material respects as are provided
for the government of appraisers appointed by the council. They
shall, after the hearing and view of the premises, report to the court their award of damages and
assessment of benefits in respect to the property of the appellant. The award shall be final unless
set aside by the court. The motion to set aside shall be made within 15 days. If the report is set
aside, the court may, in its discretion, recommit it to the same appraisers, or appoint new appraisers
as it deems best. The court shall allow to the appraisers a reasonable compensation for their
services, and make such award of costs on the appeal, including the compensation of appraisers as
it deems just in the premises, and enforce the award by execution. If the court is of the opinion
that the appeal was frivolous or vexatious, it may adjudge double costs against the appellant. An
appeal may be taken from any final decision of the district court as in other civil cases.
Subd. 13. Bonds.
The city council, for the purpose of realizing the funds for making such
improvements and paying such damages and the costs of such proceeding may issue and sell
special certificates of indebtedness, or special restricted residence district bonds, as it may
decide, which shall entitle the holder thereof to all sums realized upon any such assessment, or if
deemed advisable, a series of two or more certificates or bonds against any one assessment, the
principal and interest being payable at fixed dates out of the fund collected from such assessments,
including interest and penalties, and the whole of such fund is hereby pledged for the pro rata
payment of such certificates or bonds and the interest thereon, as they severally become due.
Such certificates or bonds may be made payable to the bearer, with interest coupons attached,
and the city council may bind the city to make good deficiencies in the collection up to, but not
exceeding, the principal and interest at the rate fixed as hereinafter provided and for the time
specified in section
. If the city, because of any such guaranty, shall redeem any certificate
or bond, it shall thereupon be subrogated to the holder's rights. For the purpose of such guaranty,
penalties collected shall be credited upon deficiencies of principal and interest before the city
shall be liable. Such certificates or bonds shall be sold at public sale or by sealed proposals at
a meeting of which at least two weeks' published notice shall be given to the purchaser who
will pay the par value thereof at the lowest interest rate, and the certificates or bonds shall be
drawn accordingly, but the rate of interest shall in no case exceed five percent per annum payable
annually or semiannually. The city clerk shall certify to the county auditor the rate of interest
to be determined, and interest shall be computed upon the assessments at such annual rate, in
accordance with the terms of section
History: (1620) 1915 c 128 s 3; 1919 c 297; 1925 c 122 s 2; 1931 c 290 s 3; 1976 c 181 s 2;
1983 c 247 s 157; 1986 c 444; 1Sp1986 c 3 art 1 s 82
462.15 MAP, PLAT, PARCEL LIST MADE, FILED; TAX, ASSESSMENTS.
As soon as such condemnation proceedings have been completed, it shall be the duty of such
council to cause maps or plats of such restricted residence district to be made, with a list of the
parcels of land within such district, and to file one of such maps and list duly certified by the
president of the council and the city clerk, in each of the following offices: the office of the city
engineer, the office of the county recorder of the county and the office of the city clerk, and the
same shall be prima facie evidence of the full and complete condemnation and establishment of
the restricted residence district. As soon as the assessments are confirmed, the city clerk, or the
court administrator of the district court, as the case may be, shall transmit a copy thereof duly
certified, to the auditor of the county in which the lands lie. The county auditor shall include the
same in the next general tax list for the collection of state, county, and city taxes against the
several tracts or parcels of land and the assessments shall be collected with and as a part of,
and subject to the same penalties, costs, and interest, as, the general taxes. Such assessments
shall be set down in the tax books in an appropriate column to be headed "Restricted Residence
District Assessments" and when collected a separate account thereof shall be kept by the county
auditor and the same transmitted to the treasurer of the city and placed to the credit of the proper
fund. The city council may by resolution determine that the amount of such assessments shall
be collected in from one to five equal annual installments and in such case the county auditor
shall include one of the equal annual installments of assessments with and as a part of the taxes
upon each parcel of land therein described for each year for the number of years into which the
assessment is by the city council divided, together with annual interest as hereinafter provided.
With the first installment the auditor shall include interest upon the entire assessment from the
date of the assessment to the time when the tax books including the first installment are delivered
by the county auditor to the county treasurer and thereafter the auditor shall include in the taxes
for each year one of such installments, together with one year's interest upon such installment and
all subsequent installments at the same rate, each of which, together with such interest, shall be
collected with the annual taxes upon such land, together with like penalties and interest in case of
default, all of which shall be collected with and enforced as the annual taxes and credited to the
proper city fund. Any parcel assessed may be discharged from the assessment at any time after the
receipt of the assessment by the county auditor by paying all installments that have gone into the
hands of the county treasurer, as aforesaid, with accrued interest, penalties, and costs, as above
provided, and by paying all subsequent installments; or any parcel assessed may be discharged
from the assessment by presenting certificates or bonds sold against such assessments as herein
provided sufficient in amount to cover all installments due on such parcel and accrued interest,
penalties, and costs, and all installments yet to accrue, by surrendering such certificates or bonds
to the county treasurer for cancellation or having endorsed thereon such installments, interest,
penalties, and costs. The assessment shall be a lien on the land from the time of the making
thereof as against the owner and every person in any way interested in the land. The owner of
the land and any person interested therein may defend against such assessment at the time of
application for judgment in the regular proceedings for the enforcement of delinquent taxes, but
such assessment shall not be deemed invalid because of any irregularity provided the notices have
been published substantially as required, and no defense shall be allowed except upon the ground
that the cost of the improvement is substantially less than the amount of the assessment, and then
only to the extent of the difference between the assessment and the actual cost. Assessments made
shall be called Restricted Residence District Assessments of the
city of ................ and numbered consecutively. When an assessment is certified, as aforesaid, by
the city clerk to the county auditor a duplicate thereof shall be sent to the city comptroller and all
such assessments shall be sufficiently identified by the name and number, as aforesaid.
History: (1621) 1915 c 128 s 4; 1925 c 122 s 3; 1976 c 181 s 2; 1Sp1986 c 3 art 1 s 82
462.16 POWER TO ENACT ORDINANCES TO ENFORCE COUNCIL RIGHTS.
The council shall have the power to enact ordinances for the enforcement of the rights
which shall be acquired under sections
, and to fix penalties for their violation,
including a fine not exceeding $100 or confinement in the city workhouse not exceeding 90
days. Violations of the ordinances may be prosecuted in the district court. Restricted residence
districts created pursuant to sections
shall be subject to the provisions of section
. In construing the scope and effect of a residence district restriction, equitable principles
shall be utilized and the following shall be considered: the historic pattern of enforcement or
nonenforcement; changed circumstances; the length of time during which current uses have been
allowed to exist; the actual impact of current land uses; and detrimental reliance.
History: (1622) 1915 c 128 s 5; 1981 c 357 s 107; 1998 c 254 art 2 s 47
462.17 BUILDINGS DECLARED A NUISANCE.
Any building or structure erected, altered, repaired, or used in violation of sections
or any ordinance passed thereunder, shall be deemed a nuisance and may be abated
at the suit of the city in a civil action. The city may maintain actions for injunction to prevent
violation of sections
and of the ordinances passed in pursuance thereof. Owners
of land and others interested in land within the district may also maintain similar actions of
abatement and for injunction.
History: (1623) 1915 c 128 s 6
462.351 MUNICIPAL PLANNING AND DEVELOPMENT; POLICY STATEMENT.
The legislature finds that municipalities are faced with mounting problems in providing
means of guiding future development of land so as to insure a safer, more pleasant and more
economical environment for residential, commercial, industrial and public activities, to preserve
agricultural and other open lands, and to promote the public health, safety, and general welfare.
Municipalities can prepare for anticipated changes and by such preparations bring about
significant savings in both private and public expenditures. Municipal planning, by providing
public guides to future municipal action, enables other public and private agencies to plan their
activities in harmony with the municipality's plans. Municipal planning will assist in developing
lands more wisely to serve citizens more effectively, will make the provision of public services
less costly, and will achieve a more secure tax base. It is the purpose of sections
to provide municipalities, in a single body of law, with the necessary powers and a
uniform procedure for adequately conducting and implementing municipal planning.
History: 1965 c 670 s 1; 1980 c 566 s 18
Subdivision 1. Application.
For the purposes of sections
defined in this section have the meanings given them.
Subd. 2. Municipality.
"Municipality" means any city, including a city operating under
a home rule charter, and any town.
Subd. 3. Planning agency.
"Planning agency" means the planning commission or the
planning department of a municipality.
Subd. 4.[Repealed, 1980 c 566 s 35
Subd. 5. Comprehensive municipal plan.
"Comprehensive municipal plan" means a
compilation of policy statements, goals, standards, and maps for guiding the physical, social and
economic development, both private and public, of the municipality and its environs, and may
include, but is not limited to, the following: statements of policies, goals, standards, a land use
plan, including proposed densities for development, a community facilities plan, a transportation
plan, and recommendations for plan execution. A comprehensive plan represents the planning
agency's recommendations for the future development of the community.
Subd. 6. Land use plan.
"Land use plan" means a compilation of policy statements, goals,
standards, and maps, and action programs for guiding the future development of private and
public property. The term includes a plan designating types of uses for the entire municipality as
well as a specialized plan showing specific areas or specific types of land uses, such as residential,
commercial, industrial, public or semipublic uses or any combination of such uses. A land use
plan may also include the proposed densities for development.
Subd. 7. Transportation plan.
"Transportation plan" means a compilation of policy
statements, goals, standards, maps and action programs for guiding the future development of
the various modes of transportation of the municipality and its environs, such as streets and
highways, mass transit, railroads, air transportation, trucking and water transportation, and
includes a major thoroughfare plan.
Subd. 8. Community facilities plan.
"Community facilities plan" means a compilation of
policy statements, goals, standards, maps and action programs for guiding the future development
of the public or semipublic facilities of the municipality such as recreational, educational and
Subd. 9. Capital improvement program.
"Capital improvement program" means an
itemized program setting forth the schedule and details of specific contemplated public
improvements by fiscal year, together with their estimated cost, the justification for each
improvement, the impact that such improvements will have on the current operating expense of
the municipality, and such other information on capital improvements as may be pertinent.
Subd. 10. Official map.
"Official map" means a map adopted in accordance with section
, which may show existing and proposed future streets, roads, highways, and airports of
the municipality and county, the area needed for widening of existing streets, roads, and highways
of the municipality and county, and existing and future county state aid highways and state trunk
highway rights-of-way. An official map may also show the location of existing and future public
land and facilities within the municipality. In counties in the metropolitan area as defined in
, official maps may for a period of up to five years designate the boundaries of
areas reserved for purposes of soil conservation, water supply conservation, flood control, and
surface water drainage and removal, including appropriate regulations protecting those areas
against encroachment by buildings or other physical structures or facilities.
Subd. 11. Governing body.
"Governing body" in the case of cities means the council by
whatever name known, and in the case of a town, means the town board.
Subd. 12. Subdivision.
"Subdivision" means the separation of an area, parcel, or tract of
land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests
where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys,
for residential, commercial, industrial, or other use or any combination thereof, except those
(1) where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size
and 500 feet in width for residential uses and five acres or larger in size for commercial and
(2) creating cemetery lots;
(3) resulting from court orders, or the adjustment of a lot line by the relocation of a common
Subd. 13. Plat.
"Plat" means the drawing or map of a subdivision prepared for filing of record
pursuant to chapter 505 and containing all elements and requirements set forth in applicable local
regulations adopted pursuant to section
and chapter 505.
Subd. 14. Subdivision regulation.
"Subdivision regulation" means an ordinance adopted
pursuant to section
regulating the subdivision of land.
Subd. 15. Official controls.
"Official controls" or "controls" means ordinances and
regulations which control the physical development of a city, county or town or any part thereof
or any detail thereof and implement the general objectives of the comprehensive plan. Official
controls may include ordinances establishing zoning, subdivision controls, site plan regulations,
sanitary codes, building codes and official maps.
Subd. 16. Preliminary approval.
"Preliminary approval" means official action taken
by a municipality on an application to create a subdivision which establishes the rights and
obligations set forth in section
and the applicable subdivision regulation. In accordance
, and unless otherwise specified in the applicable subdivision regulation,
preliminary approval may be granted only following the review and approval of a preliminary
plat or other map or drawing establishing without limitation the number, layout, and location of
lots, tracts, blocks, and parcels to be created, location of streets, roads, utilities and facilities, park
and drainage facilities, and lands to be dedicated for public use.
Subd. 17.[Repealed, 2001 c 7 s 91
Subd. 18. Urban growth area.
"Urban growth area" means the identified area around an
urban area within which there is a sufficient supply of developable land for at least a prospective
20-year period, based on demographic forecasts and the time reasonably required to effectively
provide municipal services to the identified area.
History: 1965 c 670 s 2; 1973 c 123 art 5 s 7; 1974 c 317 s 2; 1980 c 509 s 153; 1980 c 566
s 19-23; 1982 c 507 s 21; 1982 c 520 s 3; 1985 c 194 s 17-22; 1989 c 209 art 2 s 1; 1997 c 202
art 4 s 7-9; 2001 c 7 s 69-73; 2005 c 41 s 16
462.353 AUTHORITY TO PLAN; FUNDS; FEES; APPEAL.
Subdivision 1. General authority.
A municipality may carry on comprehensive municipal
planning activities for guiding the future development and improvement of the municipality
and may prepare, adopt and amend a comprehensive municipal plan and implement such plan
by ordinance and other official actions in accordance with the provisions of sections
Subd. 2. Studies and reports.
In exercising its powers under subdivision 1, a municipality
may collect and analyze data, prepare maps, charts, tables, and other illustrations and displays,
and conduct necessary studies. A municipality may publicize its purposes, suggestions, and
findings on planning matters, may distribute reports thereon, and may advise the public on the
planning matters within the scope of its duties and objectives.
Subd. 3. Appropriation and contracts.
A municipality may appropriate moneys from any
fund not dedicated to other purposes in order to finance its planning activities. A municipality
may receive and expend grants and gifts for planning purposes and may enter into contracts with
the federal and state governments or with other public or private agencies in furtherance of the
planning activities authorized by sections
Subd. 4. Fees.
(a) 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
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. Fees must be fair, reasonable,
and proportionate and have a nexus to the actual cost of the service for which the fee is imposed.
(b) A municipality must adopt management and accounting procedures to ensure that fees
are maintained and used only for the purpose for which they are collected. Upon request, a
municipality must explain the basis of its fees.
(c) Except as provided in this paragraph, a fee ordinance or amendment to a fee ordinance
is effective January 1 after its adoption. A municipality may adopt a fee ordinance or an
amendment to a fee ordinance with an effective date other than the next January 1, but the
ordinance or amendment does not apply if an application for final approval has been submitted
to the municipality.
(d) If a dispute arises over a specific fee imposed by a municipality related to a specific
application, the person aggrieved by the fee may appeal under section
, provided that the
appeal must be brought within 60 days after approval of an application under this section and
deposit of the fee into escrow. A municipality must not condition the approval of any proposed
subdivision or development on an agreement to waive the right to challenge the validity of a fee.
An approved application may proceed as if the fee had been paid, pending a decision on the
appeal. This paragraph must not be construed to preclude the municipality from conditioning
approval of any proposed subdivision or development on an agreement to waive a challenge to the
cost associated with municipally installed improvements of the type described in section
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.
Subd. 5. Certify taxes paid.
A municipality may require, either as part of the necessary
information on an application or as a condition of a grant of approval, an applicant for an
amendment to an official control established pursuant to sections
, or for a
permit or other approval required under an official control established pursuant to those sections
to certify that there are no delinquent property taxes, special assessments, penalties, interest, and
municipal utility fees due on the parcel to which the application relates. Property taxes which are
being paid under the provisions of a stipulation, order, or confession of judgment, or which are
being appealed as provided by law, are not considered delinquent for purposes of this subdivision
if all required payments that are due under the terms of the stipulation, order, confession of
judgment, or appeal have been paid.
History: 1965 c 670 s 3; 1982 c 415 s 1; 1996 c 282 s 3; 1997 c 2 s 3; 2001 c 207 s 11; 2003
c 93 s 1,2; 2004 c 178 s 1
462.3531 WAIVER OF RIGHTS.
Any waiver of rights of appeal under section
is effective only for the amount of
assessment estimated or for the assessment amount agreed to in the development agreement. An
effective waiver of rights of appeal under section
may contain additional conditions
providing for increases in assessments that will not be subject to appeal if:
(1) the increases are a result of requests made by the developer or property owner; or
(2) the increases are otherwise approved by the developer or property owner in a subsequent
separate written document.
History: 2001 c 207 s 12
462.3535 COMMUNITY-BASED PLANNING.
Subdivision 1. General.
Each municipality is encouraged to prepare and implement a
community-based comprehensive municipal plan. A community-based comprehensive municipal
plan is a comprehensive plan that is consistent with the goals of community-based planning in
Subd. 2. Coordination.
A municipality that prepares a community-based comprehensive
municipal plan shall coordinate its plan with the plans, if any, of the county and the municipality's
neighbors both in order to prevent the plan from having an adverse impact on other jurisdictions
and to complement the plans of other jurisdictions. The municipality shall prepare its plan to be
incorporated into the county's community-based comprehensive plan, if the county is preparing or
has prepared one, and shall otherwise assist and cooperate with the county in its community-based
Subd. 3. Joint planning.
Under the joint exercise of powers provisions in section
a municipality may establish a joint planning district with other municipalities or counties that
are geographically contiguous, to adopt a single community-based comprehensive plan for the
district. A municipality may delegate its authority to adopt official controls under sections
, to the board of the joint planning district.
Subd. 4. Cities; urban growth areas.
(a) The community-based comprehensive municipal
plan for a statutory or home rule charter city, and official controls to implement the plan, must at a
minimum, address any urban growth area identified in a county plan and may establish an urban
growth area for the urbanized and urbanizing area. The city plan must establish a staged process
for boundary adjustment to include the urbanized or urbanizing area within corporate limits as the
urban growth area is developed and provided municipal services.
(b) Within the urban growth area, the plan must provide for the staged provision of
urban services, including, but not limited to, water, wastewater collection and treatment, and
Subd. 5. Urban growth area boundary adjustment process.
(a) After an urban growth area
has been identified in a county or city plan, a city shall negotiate, as part of the comprehensive
planning process and in coordination with the county, an orderly annexation agreement with
the townships containing the affected unincorporated areas located within the identified urban
growth area. The agreement shall contain a boundary adjustment staging plan that establishes
a sequencing plan over the subsequent 20-year period for the orderly growth of the city based
on its reasonably anticipated development pattern and ability to extend municipal services into
designated unincorporated areas located within the identified urban growth area. The city shall
include the staging plan agreed upon in the orderly annexation agreement in its comprehensive
plan. Upon agreement by the city and town, prior adopted orderly annexation agreements may
be included as part of the boundary adjustment plan and comprehensive plan without regard to
whether the prior adopted agreement is consistent with this section. When either the city or town
requests that an existing orderly annexation agreement affecting unincorporated areas located
within an identified or proposed urban growth area be renegotiated, the renegotiated plan shall be
consistent with this section.
(b) After a city's community-based comprehensive plan is approved under this section, the
orderly annexation agreement shall be filed with the municipal board or its successor agency.
Thereafter, the city may orderly annex the part or parts of the designated unincorporated area
according to the sequencing plan and conditions contained in the negotiated orderly annexation
agreement by submitting a resolution to the municipal board or its successor agency. The
resolution shall specify the legal description of the area designated pursuant to the staging plan
contained in the agreement, a map showing the new boundary and its relation to the existing
city boundary, a description of and schedule for extending municipal services to the area, and
a determination that all applicable conditions in the agreement have been satisfied. Within 30
days of receipt of the resolution, the municipal board or its successor shall review the resolution
and if it finds that the terms and conditions of the orderly annexation agreement have been met,
shall order the annexation. The boundary adjustment shall become effective upon issuance of an
order by the municipal board or its successor. The municipal board or its successor shall cause
copies of the boundary adjustment order to be mailed to the secretary of state, Department of
Revenue, state demographer, and Department of Transportation. No further proceedings under
chapter 414 or 572A shall be required to accomplish the boundary adjustment. This section
provides the sole method for annexing unincorporated land within an urban growth area, unless
the parties agree otherwise.
(c) If a community-based comprehensive plan is updated, the parties shall renegotiate the
orderly annexation agreement as needed to incorporate the adjustments and shall refile the
agreement with the municipal board or its successor.
Subd. 6. Review by adjacent municipalities; conflict resolution.
community-based comprehensive municipal plan is incorporated into the county's plan under
394.232, subdivision 3
, a municipality's community-based comprehensive municipal plan
must be coordinated with adjacent municipalities within the county. As soon as practical after the
development of a community-based comprehensive municipal plan, the municipality shall provide
a copy of the draft plan to adjacent municipalities within the county for review and comment. An
adjacent municipality has 30 days after receipt to review the plan and submit written comments.
Subd. 7. County review.
(a) If a city does not plan for growth beyond its current boundaries,
the city shall submit its community-based comprehensive municipal plan to the county for review
and comment. A county has 60 days after receipt to review the plan and submit written comments
to the city. The city may amend its plan based upon the county's comments.
(b) If a town prepares a community-based comprehensive plan, it shall submit the plan to
the county for review and comment. As provided in section
, the town plan may not be
inconsistent with or less restrictive than the county plan. A county has 60 days after receipt to
review the plan and submit written comments to the town. The town may amend its plan based
on the county's comment.
Subd. 8. County approval.
(a) If a city plans for growth beyond its current boundaries, the
city's proposed community-based comprehensive municipal plan and proposed urban growth area
must be reviewed and approved by the county before the plan is incorporated into the county's
plan. The county may review and provide comments on any orderly annexation agreement during
the same period of review of a comprehensive plan.
(b) Upon receipt by the county of a community-based comprehensive plan submitted by a
city for review and approval under this subdivision, the county shall, within 60 days of receipt of
a city plan, review and approve the plan in accordance with this subdivision. The county shall
review and approve the city plan if it is consistent with the goals stated in section
(c) In the event the county does not approve the plan, the county shall submit its comments
to the city within 60 days. The city may, thereafter, amend the plan and resubmit the plan to the
county. The county shall have an additional 60 days to review and approve a resubmitted plan.
In the event the county and city are unable to come to agreement, either party may initiate the
dispute resolution process contained in chapter 572A. Within 30 days of receiving notice that the
other party has initiated dispute resolution, the city or county shall send notice of its intent to enter
dispute resolution. If the city refuses to enter the dispute resolution process, it must refund any
grant received from the county for community-based planning activities.
Subd. 9. Plan adoption.
The municipality shall adopt and implement the community-based
comprehensive municipal plan after the Office of Strategic and Long-Range Planning has
reviewed and commented on the county's plan that incorporates the municipality's plan. The
municipality shall thereafter, where it deems appropriate, incorporate any comments made by the
office into its plan and adopt the plan.
Subd. 10. No mandamus proceeding.
A mandamus proceeding may not be instituted against
a municipality under this section to require the municipality to conform its community-based
comprehensive plan to be consistent with the community-based planning goals in section
History: 1997 c 202 art 4 s 10
462.354 ORGANIZATION FOR PLANNING.
Subdivision 1. Planning agency.
A municipality may by charter or ordinance create a
planning agency. A planning agency created by ordinance may be abolished by two-thirds vote of
all the members of the governing body. The planning agency shall be advisory, except as other
powers and duties are imposed on it by sections
, by statute, by charter, or by
ordinance consistent with the municipal charter. The planning agency may take the following
(1) It may consist of a planning commission, which may or may not include municipal
officials among its members. The planning commission may be provided with staff which may be
a division of the administrative structure of the municipal government. The commission shall
be advisory directly to the governing body.
(2) It may consist of a planning department with a planning commission advisory to it and
shall function as a department advisory to the governing body and the municipal administration.
The planning department may be provided with an executive director and other staff as in the
case of other municipal departments.
Subd. 2. Board of adjustments and appeals.
The governing body of any municipality
adopting or having in effect a zoning ordinance or an official map shall provide by ordinance
for a board of appeals and adjustments. The board shall have the powers set forth in section
462.357, subdivision 6
462.359, subdivision 4
. Except as otherwise provided by
charter, the governing body may provide alternatively that there be a separate board of appeals and
adjustments or that the governing body or the planning commission or a committee of the planning
commission serve as the board of appeals and adjustments, and it may provide an appropriate
name for the board. The board may be given such other duties as the governing body may direct.
In any municipality where the council does not serve as the board, the governing body may,
except as otherwise provided by charter, provide that the decisions of the board on matters within
its jurisdiction are final subject to judicial review or are final subject to appeal to the council and
the right of later judicial review or are advisory to the council. Hearings by the board of appeals
and adjustments shall be held within such time and upon such notice to interested parties as is
provided in the ordinance establishing the board. The board shall within a reasonable time make
its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner
by mail. Any party may appear at the hearing in person or by agent or attorney. Subject to
such limitations as may be imposed by the governing body, the board may adopt rules for the
conduct of proceedings before it. Such rules may include provisions for the giving of oaths to
witnesses and the filing of written briefs by the parties. The board shall provide for a record of its
proceedings which shall include the minutes of its meetings, its findings, and the action taken
on each matter heard by it, including the final order. In any municipality in which the planning
agency does not act as the board of adjustments and appeals, the board shall make no decision
on an appeal or petition until the planning agency, if there is one, or a representative authorized
by it has had reasonable opportunity, not to exceed 60 days, to review and report to the board of
adjustments and appeals upon the appeal or petition.
History: 1965 c 670 s 4; 1967 c 493 s 1
462.355 ADOPT, AMEND COMPREHENSIVE PLAN; INTERIM ORDINANCE.
Subdivision 1. Preparation and review.
The planning agency shall prepare the
comprehensive municipal plan. In discharging this duty the planning agency shall consult with
and coordinate the planning activities of other departments and agencies of the municipality to
insure conformity with and to assist in the development of the comprehensive municipal plan. In
its planning activities the planning agency shall take due cognizance of the planning activities
of adjacent units of government and other affected public agencies. The planning agency shall
periodically review the plan and recommend amendments whenever necessary.
Subd. 1a. Update by metropolitan municipalities.
Each municipality in the metropolitan
area, as defined in section
473.121, subdivision 2
, shall review and update its comprehensive plan
and fiscal devices and official controls as provided in section
473.864, subdivision 2
Subd. 2. Procedure to adopt, amend.
The planning agency may, unless otherwise provided
by charter or ordinance consistent with the municipal charter, recommend to the governing body
the adoption and amendment from time to time of a comprehensive municipal plan. The plan
may be prepared and adopted in sections, each of which relates to a major subject of the plan
or to a major geographical section of the municipality. The governing body may propose the
comprehensive municipal plan and amendments to it by resolution submitted to the planning
agency. Before adopting the comprehensive municipal plan or any section or amendment of
the plan, the planning agency shall hold at least one public hearing thereon. A notice of the
time, place and purpose of the hearing shall be published once in the official newspaper of the
municipality at least ten days before the day of the hearing.
Subd. 3. Adoption by governing body.
A proposed comprehensive plan or an amendment
to it may not be acted upon by the governing body until it has received the recommendation of
the planning agency or until 60 days have elapsed from the date an amendment proposed by the
governing body has been submitted to the planning agency for its recommendation. Unless
otherwise provided by charter, the governing body may by resolution by a two-thirds vote of all of
its members adopt and amend the comprehensive plan or portion thereof as the official municipal
plan upon such notice and hearing as may be prescribed by ordinance.
Subd. 4. Interim ordinance.
(a) If a municipality is conducting studies or has authorized
a study to be conducted or has held or has scheduled a hearing for the purpose of considering
adoption or amendment of a comprehensive plan or official controls as defined in section
, or if new territory for which plans or controls have not been adopted is annexed to
a municipality, the governing body of the municipality may adopt an interim ordinance applicable
to all or part of its jurisdiction for the purpose of protecting the planning process and the health,
safety and welfare of its citizens. The interim ordinance may regulate, restrict, or prohibit any
use, development, or subdivision within the jurisdiction or a portion thereof for a period not to
exceed one year from the date it is effective.
(b) If a proposed interim ordinance purports to regulate, restrict, or prohibit activities
relating to livestock production, a public hearing must be held following a ten-day notice given
by publication in a newspaper of general circulation in the municipality before the interim
ordinance takes effect.
(c) The period of an interim ordinance applicable to an area that is affected by a city's master
plan for a municipal airport may be extended for such additional periods as the municipality
may deem appropriate, not exceeding a total additional period of 18 months. In all other cases,
no interim ordinance may halt, delay, or impede a subdivision that has been given preliminary
approval, nor may any interim ordinance extend the time deadline for agency action set forth
with respect to any application filed prior to the effective date of the interim
ordinance. The governing body of the municipality may extend the interim ordinance after a
public hearing and written findings have been adopted based upon one or more of the conditions
in clause (1), (2), or (3). The public hearing must be held at least 15 days but not more than 30
days before the expiration of the interim ordinance, and notice of the hearing must be published
at least ten days before the hearing. The interim ordinance may be extended for the following
conditions and durations, but, except as provided in clause (3), an interim ordinance may not be
extended more than an additional 18 months:
(1) up to an additional 120 days following the receipt of the final approval or review by a
federal, state, or metropolitan agency when the approval is required by law and the review or
approval has not been completed and received by the municipality at least 30 days before the
expiration of the interim ordinance;
(2) up to an additional 120 days following the completion of any other process required by
a state statute, federal law, or court order, when the process is not completed at least 30 days
before the expiration of the interim ordinance; or
(3) up to an additional one year if the municipality has not adopted a comprehensive plan
under this section at the time the interim ordinance is enacted.
History: 1965 c 670 s 5; 1976 c 127 s 21; 1977 c 347 s 68; 1980 c 566 s 24; 1983 c 216 art
1 s 67; 1985 c 62 s 1,2; 1995 c 176 s 4; 2004 c 258 s 1; 2005 c 41 s 17; 1Sp2005 c 1 art 1 s 91
462.356 PROCEDURE TO EFFECT PLAN: GENERALLY.
Subdivision 1. Recommendations for plan execution.
Upon the recommendation by the
planning agency of the comprehensive municipal plan or sections thereof, the planning agency
shall study and propose to the governing body reasonable and practicable means for putting the
plan or section of the plan into effect. Subject to the limitations of the following sections, such
means include, but are not limited to, zoning regulations, regulations for the subdivision of land,
an official map, a program for coordination of the normal public improvements and services of
the municipality, urban renewal and a capital improvements program.
Subd. 2. Compliance with plan.
After a comprehensive municipal plan or section thereof
has been recommended by the planning agency and a copy filed with the governing body, no
publicly owned interest in real property within the municipality shall be acquired or disposed of,
nor shall any capital improvement be authorized by the municipality or special district or agency
thereof or any other political subdivision having jurisdiction within the municipality until after
the planning agency has reviewed the proposed acquisition, disposal, or capital improvement
and reported in writing to the governing body or other special district or agency or political
subdivision concerned, its findings as to compliance of the proposed acquisition, disposal or
improvement with the comprehensive municipal plan. Failure of the planning agency to report on
the proposal within 45 days after such a reference, or such other period as may be designated by
the governing body shall be deemed to have satisfied the requirements of this subdivision. The
governing body may, by resolution adopted by two-thirds vote dispense with the requirements of
this subdivision when in its judgment it finds that the proposed acquisition or disposal of real
property or capital improvement has no relationship to the comprehensive municipal plan.
History: 1965 c 670 s 6
462.357 OFFICIAL CONTROLS: ZONING ORDINANCE.
Subdivision 1. Authority for zoning.
For the purpose of promoting the public health, safety,
morals, and general welfare, a municipality may by ordinance regulate on the earth's surface, in
the air space above the surface, and in subsurface areas, the location, height, width, bulk, type
of foundation, number of stories, size of buildings and other structures, the percentage of lot
which may be occupied, the size of yards and other open spaces, the density and distribution
of population, the uses of buildings and structures for trade, industry, residence, recreation,
public activities, or other purposes, and the uses of land for trade, industry, residence, recreation,
agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands,
as defined in sections
, access to direct sunlight for solar energy systems
as defined in section
, flood control or other purposes, and may establish standards and
procedures regulating such uses. To accomplish these purposes, official controls may include
provision for purchase of development rights by the governing body in the form of conservation
easements under chapter 84C in areas where the governing body considers preservation desirable
and the transfer of development rights from those areas to areas the governing body considers
more appropriate for development. No regulation may prohibit earth sheltered construction as
defined in section
216C.06, subdivision 14
, relocated residential buildings, or manufactured
homes built in conformance with sections
that comply with all other zoning
ordinances promulgated pursuant to this section. The regulations may divide the surface, above
surface, and subsurface areas of the municipality into districts or zones of suitable numbers,
shape, and area. The regulations shall be uniform for each class or kind of buildings, structures, or
land and for each class or kind of use throughout such district, but the regulations in one district
may differ from those in other districts. The ordinance embodying these regulations shall be
known as the zoning ordinance and shall consist of text and maps. A city may by ordinance extend
the application of its zoning regulations to unincorporated territory located within two miles of
its limits in any direction, but not in a county or town which has adopted zoning regulations;
provided that where two or more noncontiguous municipalities have boundaries less than four
miles apart, each is authorized to control the zoning of land on its side of a line equidistant
between the two noncontiguous municipalities unless a town or county in the affected area has
adopted zoning regulations. Any city may thereafter enforce such regulations in the area to the
same extent as if such property were situated within its corporate limits, until the county or town
board adopts a comprehensive zoning regulation which includes the area.
Subd. 1a. Certain zoning ordinances.
A municipality must not enact, amend, or enforce
a zoning ordinance that has the effect of altering the existing density, lot-size requirements, or
manufactured home setback requirements in any manufactured home park constructed before
January 1, 1995, if the manufactured home park, when constructed, complied with the then
existing density, lot-size and setback requirements.
Subd. 1b. Conditional uses.
A manufactured home park, as defined in section
, is a conditional use in a zoning district that allows the construction or placement of
a building used or intended to be used by two or more families.
Subd. 1c. Amortization prohibited.
Except as otherwise provided in this subdivision, a
municipality must not enact, amend, or enforce an ordinance providing for the elimination or
termination of a use by amortization which use was lawful at the time of its inception. This
subdivision does not apply to adults-only bookstores, adults-only theaters, or similar adults-only
businesses, as defined by ordinance.
Subd. 1d. Nuisance.
Subdivision 1c does not prohibit a municipality from enforcing an
ordinance providing for the prevention or abatement of nuisances, as defined in section
eliminating a use determined to be a public nuisance, as defined in section
617.81, subdivision 2,
paragraph (a), clauses (1) to (9)
, without payment of compensation.
Subd. 1e. Nonconformities.
(a) Any nonconformity, including the lawful use or occupation
of land or premises existing at the time of the adoption of an additional control under this
chapter, may be continued, including through repair, replacement, restoration, maintenance, or
improvement, but not including expansion, unless:
(1) the nonconformity or occupancy is discontinued for a period of more than one year; or
(2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50
percent of its market value, and no building permit has been applied for within 180 days of when
the property is damaged. In this case, a municipality may impose reasonable conditions upon a
building permit in order to mitigate any newly created impact on adjacent property.
(b) Any subsequent use or occupancy of the land or premises shall be a conforming
use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon
nonconformities reasonable regulations to prevent and abate nuisances and to protect the public
health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an
ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only
businesses, as defined by ordinance.
(c) Notwithstanding paragraph (a), a municipality shall regulate the repair, replacement,
maintenance, improvement, or expansion of nonconforming uses and structures in floodplain
areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and
not increase flood damage potential or increase the degree of obstruction to flood flows in the
Subd. 1f. Substandard structures.
Notwithstanding subdivision 1e, Minnesota Rules,
, may allow for the continuation and improvement of substandard
structures, as defined in Minnesota Rules, part 6105.0354
, subpart 30, in the Lower Saint Croix
National Scenic Riverway.
Subd. 1g. Feedlot zoning controls.
(a) A municipality proposing to adopt a new feedlot
zoning control or to amend an existing feedlot zoning control must notify the Pollution Control
Agency and commissioner of agriculture at the beginning of the process, no later than the date
notice is given of the first hearing proposing to adopt or amend a zoning control purporting
to address feedlots.
(b) Prior to final approval of a feedlot zoning control, the governing body of a municipality
may submit a copy of the proposed zoning control to the Pollution Control Agency and to
the commissioner of agriculture and request review, comment, and recommendations on the
environmental and agricultural effects from specific provisions in the ordinance.
(c) The agencies' response to the municipality may include:
(1) any recommendations for improvements in the ordinance; and
(2) the legal, social, economic, or scientific justification for each recommendation under
(d) At the request of the municipality's governing body, the municipality must prepare a
report on the economic effects from specific provisions in the ordinance. Economic analysis must
state whether the ordinance will affect the local economy and describe the kinds of businesses
affected and the projected impact the proposal will have on those businesses. To assist the
municipality, the commissioner of agriculture, in cooperation with the Department of Employment
and Economic Development, must develop a template for measuring local economic effects and
make it available to the municipality. The report must be submitted to the commissioners of
employment and economic development and agriculture along with the proposed ordinance.
(e) A local ordinance that contains a setback for new feedlots from existing residences must
also provide for a new residence setback from existing feedlots located in areas zoned agricultural
at the same distances and conditions specified in the setback for new feedlots, unless the new
residence is built to replace an existing residence. A municipality may grant a variance from this
requirement under section
462.358, subdivision 6
Subd. 2. General requirements.
(a) At any time after the adoption of a land use plan for
the municipality, the planning agency, for the purpose of carrying out the policies and goals of
the land use plan, may prepare a proposed zoning ordinance and submit it to the governing
body with its recommendations for adoption.
(b) Subject to the requirements of subdivisions 3, 4, and 5, the governing body may adopt
and amend a zoning ordinance by a majority vote of all its members. The adoption or amendment
of any portion of a zoning ordinance which changes all or part of the existing classification of a
zoning district from residential to either commercial or industrial requires a two-thirds majority
vote of all members of the governing body.
(c) The land use plan must provide guidelines for the timing and sequence of the adoption
of official controls to ensure planned, orderly, and staged development and redevelopment
consistent with the land use plan.
Subd. 3. Public hearings.
No zoning ordinance or amendment thereto shall be adopted until
a public hearing has been held thereon by the planning agency or by the governing body. A notice
of the time, place and purpose of the hearing shall be published in the official newspaper of the
municipality at least ten days prior to the day of the hearing. When an amendment involves
changes in district boundaries affecting an area of five acres or less, a similar notice shall be
mailed at least ten days before the day of the hearing to each owner of affected property and
property situated wholly or partly within 350 feet of the property to which the amendment relates.
For the purpose of giving mailed notice, the person responsible for mailing the notice may use
any appropriate records to determine the names and addresses of owners. A copy of the notice
and a list of the owners and addresses to which the notice was sent shall be attested to by the
responsible person and shall be made a part of the records of the proceedings. The failure to give
mailed notice to individual property owners, or defects in the notice shall not invalidate the
proceedings, provided a bona fide attempt to comply with this subdivision has been made.
Subd. 4. Amendments.
An amendment to a zoning ordinance may be initiated by the
governing body, the planning agency, or by petition of affected property owners as defined in
the zoning ordinance. An amendment not initiated by the planning agency shall be referred
to the planning agency, if there is one, for study and report and may not be acted upon by the
governing body until it has received the recommendation of the planning agency on the proposed
amendment or until 60 days have elapsed from the date of reference of the amendment without a
report by the planning agency.
Subd. 5. Amendment; certain cities of the first class.
The provisions of this subdivision
apply to the adoption or amendment of any portion of a zoning ordinance which changes all or
part of the existing classification of a zoning district from residential to either commercial or
industrial of a property located in a city of the first class, except a city of the first class in which a
different process is provided through the operation of the city's home rule charter. In a city to
which this subdivision applies, amendments to a zoning ordinance shall be made in conformance
with this section but only after there shall have been filed in the office of the city clerk a written
consent of the owners of two-thirds of the several descriptions of real estate situate within 100
feet of the total contiguous descriptions of real estate held by the same owner or any party
purchasing any such contiguous property within one year preceding the request, and after the
affirmative vote in favor thereof by a majority of the members of the governing body of any such
city. The governing body of such city may, by a two-thirds vote of its members, after hearing,
adopt a new zoning ordinance without such written consent whenever the planning commission
or planning board of such city shall have made a survey of the whole area of the city or of an
area of not less than 40 acres, within which the new ordinance or the amendments or alterations
of the existing ordinance would take effect when adopted, and shall have considered whether
the number of descriptions of real estate affected by such changes and alterations renders the
obtaining of such written consent impractical, and such planning commission or planning board
shall report in writing as to whether in its opinion the proposals of the governing body in any case
are reasonably related to the overall needs of the community, to existing land use, or to a plan for
future land use, and shall have conducted a public hearing on such proposed ordinance, changes
or alterations, of which hearing published notice shall have been given in a daily newspaper of
general circulation at least once each week for three successive weeks prior to such hearing,
which notice shall state the time, place and purpose of such hearing, and shall have reported to the
governing body of the city its findings and recommendations in writing.
Subd. 6. Appeals and adjustments.
Appeals to the board of appeals and adjustments may
be taken by any affected person upon compliance with any reasonable conditions imposed by
the zoning ordinance. The board of appeals and adjustments has the following powers with
respect to the zoning ordinance:
(1) To hear and decide appeals where it is alleged that there is an error in any order,
requirement, decision, or determination made by an administrative officer in the enforcement of
the zoning ordinance.
(2) To hear requests for variances from the literal provisions of the ordinance in instances
where their strict enforcement would cause undue hardship because of circumstances unique
to the individual property under consideration, and to grant such variances only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the ordinance.
"Undue hardship" as used in connection with the granting of a variance means the property
in question cannot be put to a reasonable use if used under conditions allowed by the official
controls, the plight of the landowner is due to circumstances unique to the property not created by
the landowner, and the variance, if granted, will not alter the essential character of the locality.
Economic considerations alone shall not constitute an undue hardship if reasonable use for the
property exists under the terms of the ordinance. Undue hardship also includes, but is not limited
to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for
earth sheltered construction as defined in section
216C.06, subdivision 14
, when in harmony with
the ordinance. The board of appeals and adjustments or the governing body as the case may be,
may not permit as a variance any use that is not permitted under the ordinance for property in
the zone where the affected person's land is located. The board or governing body as the case
may be, may permit as a variance the temporary use of a one family dwelling as a two family
dwelling. The board or governing body as the case may be may impose conditions in the granting
of variances to insure compliance and to protect adjacent properties.
Subd. 6a. Normal residential surroundings for disabled persons.
It is the policy of this
state that disabled persons and children should not be excluded by municipal zoning ordinances or
other land use regulations from the benefits of normal residential surroundings. For purposes of
subdivisions 6a through 9, "person" has the meaning given in section
245A.02, subdivision 11
Subd. 7. Permitted single family use.
A state licensed residential facility or a housing with
services establishment registered under chapter 144D serving six or fewer persons, a licensed
day care facility serving 12 or fewer persons, and a group family day care facility licensed under
Minnesota Rules, parts 9502.0315
to serve 14 or fewer children shall be considered
a permitted single family residential use of property for the purposes of zoning, except that a
residential facility whose primary purpose is to treat juveniles who have violated criminal statutes
relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be considered a permitted use.
Subd. 8. Permitted multifamily use.
Except as otherwise provided in subdivision 7 or in any
town, municipal or county zoning regulation as authorized by this subdivision, a state licensed
residential facility serving from 7 through 16 persons or a licensed day care facility serving from
13 through 16 persons shall be considered a permitted multifamily residential use of property for
purposes of zoning. A township, municipal or county zoning authority may require a conditional
use or special use permit in order to assure proper maintenance and operation of a facility,
provided that no conditions shall be imposed on the facility which are more restrictive than those
imposed on other conditional uses or special uses of residential property in the same zones, unless
the additional conditions are necessary to protect the health and safety of the residents of the
residential facility. Nothing herein shall be construed to exclude or prohibit residential or day care
facilities from single family zones if otherwise permitted by a local zoning regulation.
History: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; 1973 c 379 s 4; 1973 c 539 s
1; 1973 c 559 s 1,2; 1975 c 60 s 2; 1978 c 786 s 14,15; Ex1979 c 2 s 42,43; 1981 c 356 s 248;
1982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1985 c 194 s 23; 1986 c 444;
1987 c 333 s 22; 1989 c 82 s 2; 1990 c 391 art 8 s 47; 1990 c 568 art 2 s 66,67; 1994 c 473 s
3; 1995 c 224 s 95; 1997 c 113 s 20; 1997 c 200 art 4 s 5; 1997 c 202 art 4 s 11; 1997 c 216 s
138; 1999 c 96 s 3,4; 1999 c 211 s 1; 2001 c 174 s 1; 2001 c 207 s 13,14; 2002 c 366 s 6; 2004
c 258 s 2; 2005 c 56 s 1; 1Sp2005 c 1 art 1 s 92; art 2 s 146
462.358 OFFICIAL CONTROLS: SUBDIVISION REGULATION; DEDICATION.
Subdivision 1.[Repealed, 1980 c 566 s 35
Subd. 1a. Authority.
To protect and promote the public health, safety, and general welfare,
to provide for the orderly, economic, and safe development of land, to preserve agricultural
lands, to promote the availability of housing affordable to persons and families of all income
levels, and to facilitate adequate provision for transportation, water, sewage, storm drainage,
schools, parks, playgrounds, and other public services and facilities, a municipality may by
ordinance adopt subdivision regulations establishing standards, requirements, and procedures
for the review and approval or disapproval of subdivisions. The regulations may contain varied
provisions respecting, and be made applicable only to, certain classes or kinds of subdivisions.
The regulations shall be uniform for each class or kind of subdivision.
A municipality may by resolution extend the application of its subdivision regulations to
unincorporated territory located within two miles of its limits in any direction but not in a town
which has adopted subdivision regulations; provided that where two or more noncontiguous
municipalities have boundaries less than four miles apart, each is authorized to control the
subdivision of land equal distance from its boundaries within this area.
Subd. 2.[Repealed, 1980 c 566 s 35
Subd. 2a. Terms of regulations.
The standards and requirements in the regulations may
address without limitation: the size, location, grading, and improvement of lots, structures, public
areas, streets, roads, trails, walkways, curbs and gutters, water supply, storm drainage, lighting,
sewers, electricity, gas, and other utilities; the planning and design of sites; access to solar energy;
and the protection and conservation of flood plains, shore lands, soils, water, vegetation, energy,
air quality, and geologic and ecologic features. The regulations shall require that subdivisions be
consistent with the municipality's official map if one exists and its zoning ordinance, and may
require consistency with other official controls and the comprehensive plan. The regulations
may prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent
with the comprehensive plan and the purposes of this section, particularly the preservation of
agricultural lands. The regulations may prohibit, restrict or control development for the purpose
of protecting and assuring access to direct sunlight for solar energy systems. The regulations may
prohibit the issuance of permits or approvals for any tracts, lots, or parcels for which required
subdivision approval has not been obtained.
The regulations may permit the municipality to condition its approval on the construction
and installation of sewers, streets, electric, gas, drainage, and water facilities, and similar utilities
and improvements or, in lieu thereof, on the receipt by the municipality of a cash deposit, certified
check, irrevocable letter of credit, bond, or other financial security in an amount and with surety
and conditions sufficient to assure the municipality that the utilities and improvements will be
constructed or installed according to the specifications of the municipality. Sections
do not apply to improvements made by a subdivider or a subdivider's contractor.
A municipality may require that an applicant establish an escrow account or other financial
security for the purpose of reimbursing the municipality for direct costs relating to professional
services provided during the review, approval and inspection of the project. A municipality may
only charge the applicant a rate equal to the value of the service to the municipality. Services
provided by municipal staff or contract professionals must be billed at an established rate.
When the applicant vouches, by certified letter to the municipality, that the conditions
required by the municipality for approval under this subdivision have been satisfied, the
municipality has 30 days to release and return to the applicant any and all financial securities tied
to the requirements. If the municipality fails to release and return the letters of credit within the
30-day period, any interest accrued will be paid to the applicant. If the municipality determines
that the conditions required for approval under this subdivision have not been satisfied, the
municipality must send written notice within seven business days upon receipt of the certified
letter indicating to the applicant which specific conditions have not been met. The municipality
shall require a maintenance or performance bond from any subcontractor that has not yet
completed all remaining requirements of the municipality.
The regulations may permit the municipality to condition its approval on compliance
with other requirements reasonably related to the provisions of the regulations and to execute
development contracts embodying the terms and conditions of approval. The municipality may
enforce such agreements and conditions by appropriate legal and equitable remedies.
Subd. 2b. Dedication.
(a) The regulations may require that a reasonable portion of the
buildable land, as defined by municipal ordinance, of any proposed subdivision be dedicated to
the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities,
storm water drainage and holding areas or ponds and similar utilities and improvements, parks,
recreational facilities as defined in section
, playgrounds, trails, wetlands, or open space.
The requirement must be imposed by ordinance or under the procedures established in section
, subdivision 4a.
(b) If a municipality adopts the ordinance or proceeds under section
4a, as required by paragraph (a), the municipality must adopt a capital improvement budget
and have a parks and open space plan or have a parks, trails, and open space component in its
comprehensive plan subject to the terms and conditions in this paragraph and paragraphs (c) to (i).
(c) The municipality may choose to accept a cash fee as set by ordinance from the applicant
for some or all of the new lots created in the subdivision, based on fair market value of the
land, no later than at the time of final approval.
(d) In establishing the portion to be dedicated or preserved or the cash fee, the regulations
shall give due consideration to the open space, recreational, or common areas and facilities open
to the public that the applicant proposes to reserve for the subdivision.
(e) The municipality must reasonably determine that it will need to acquire that portion of
land for the purposes stated in this subdivision as a result of approval of the subdivision.
(f) Cash payments received must be placed by the municipality in a special fund to be used
only for the purposes for which the money was obtained.
(g) Cash payments received must be used only for the acquisition and development or
improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space based
on the approved park systems plan. Cash payments must not be used for ongoing operation or
maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or open space.
(h) The municipality must not deny the approval of a subdivision based solely on an
inadequate supply of parks, open spaces, trails, or recreational facilities within the municipality.
(i) Previously subdivided property from which a park dedication has been received, being
resubdivided with the same number of lots, is exempt from park dedication requirements. If, as
a result of resubdividing the property, the number of lots is increased, then the park dedication
or per-lot cash fee must apply only to the net increase of lots.
Subd. 2c. Nexus.
(a) There must be an essential nexus between the fees or dedication
imposed under subdivision 2b and the municipal purpose sought to be achieved by the fee or
dedication. The fee or dedication must bear a rough proportionality to the need created by the
proposed subdivision or development.
(b) If a municipality is given written notice of a dispute over a proposed fee in lieu of
dedication before the municipality's final decision on an application, a municipality must not
condition the approval of any proposed subdivision or development on an agreement to waive
the right to challenge the validity of a fee in lieu of dedication.
(c) An application may proceed as if the fee had been paid, pending a decision on the appeal
of a dispute over a proposed fee in lieu of dedication, if (1) the person aggrieved by the fee puts
the municipality on written notice of a dispute over a proposed fee in lieu of dedication, (2) prior
to the municipality's final decision on the application, the fee in lieu of dedication is deposited
in escrow, and (3) the person aggrieved by the fee appeals under section
, within 60
days of the approval of the application. If such an appeal is not filed by the deadline, or if the
person aggrieved by the fee does not prevail on the appeal, then the funds paid into escrow must
be transferred to the municipality.
Subd. 3.[Repealed, 1980 c 566 s 35
Subd. 3a. Platting.
The regulations may require that any subdivision creating parcels, tracts,
or lots, shall be platted. The regulations shall require that all subdivisions which create five or
more lots or parcels which are 2-1/2 acres or less in size shall be platted. The regulations shall
not conflict with the provisions of chapter 505 but may address subjects similar and additional to
those in that chapter.
Subd. 3b. Review procedures.
The regulations shall include provisions regarding the
content of applications for proposed subdivisions, the preliminary and final review and approval
or disapproval of applications, and the coordination of such reviews with affected political
subdivisions and state agencies. Subdivisions including lands abutting upon any existing or
proposed trunk highway, county road or highway, or county state-aid highway shall also be
subject to review. The regulations may provide for the consolidation of the preliminary and
final review and approval or disapproval of subdivisions. Preliminary or final approval may
be granted or denied for parts of subdivision applications. The regulations may delegate the
authority to review proposals to the planning commission, but final approval or disapproval shall
be the decision of the governing body of the municipality unless otherwise provided by law or
charter. A municipality must approve a preliminary plat that meets the applicable standards and
criteria contained in the municipality's zoning and subdivision regulations unless the municipality
adopts written findings based on a record from the public proceedings why the application
shall not be approved. The regulations shall require that a public hearing shall be held on all
subdivision applications prior to preliminary approval, unless otherwise provided by law or
charter. The hearing shall be held following publication of notice of the time and place thereof in
the official newspaper at least ten days before the day of the hearing. At the hearing, all persons
interested shall be given an opportunity to make presentations. A subdivision application shall
be preliminarily approved or disapproved within 120 days following delivery of an application
completed in compliance with the municipal ordinance by the applicant to the municipality,
unless an extension of the review period has been agreed to by the applicant. When a division
or subdivision to which the regulations of the municipality do not apply is presented to the city,
the clerk of the municipality shall within ten days certify that the subdivision regulations of the
municipality do not apply to the particular division.
If the municipality or the responsible agency of the municipality fails to preliminarily
approve or disapprove an application within the review period, the application shall be deemed
preliminarily approved, and upon demand the municipality shall execute a certificate to that effect.
Following preliminary approval the applicant may request final approval by the municipality,
and upon such request the municipality shall certify final approval within 60 days if the applicant
has complied with all conditions and requirements of applicable regulations and all conditions
and requirements upon which the preliminary approval is expressly conditioned either through
performance or the execution of appropriate agreements assuring performance. If the municipality
fails to certify final approval as so required, and if the applicant has complied with all conditions
and requirements, the application shall be deemed finally approved, and upon demand the
municipality shall execute a certificate to that effect. After final approval a subdivision may
be filed or recorded.
Subd. 3c. Effect of subdivision approval.
For one year following preliminary approval
and for two years following final approval, unless the subdivider and the municipality agree
otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the
use, development density, lot size, lot layout, or dedication or platting required or permitted by the
approved application. Thereafter, pursuant to its regulations, the municipality may extend the
period by agreement with the subdivider and subject to all applicable performance conditions
and requirements, or it may require submission of a new application unless substantial physical
activity and investment has occurred in reasonable reliance on the approved application and the
subdivider will suffer substantial financial damage as a consequence of a requirement to submit a
new application. In connection with a subdivision involving planned and staged development, a
municipality may by resolution or agreement grant the rights referred to herein for such periods of
time longer than two years which it determines to be reasonable and appropriate.
Subd. 4.[Repealed, 1982 c 415 s 3
Subd. 4a. Disclosure by seller; buyer's action for damages.
A person conveying a new
parcel of land which, or the plat for which, has not previously been filed or recorded, and which
is part of or would constitute a subdivision to which adopted municipal subdivision regulations
apply, shall attach to the instrument of conveyance either: (a) recordable certification by the clerk
of the municipality that the subdivision regulations do not apply, or that the subdivision has been
approved by the governing body, or that the restrictions on the division of taxes and filing and
recording have been waived by resolution of the governing body of the municipality in this case
because compliance will create an unnecessary hardship and failure to comply will not interfere
with the purpose of the regulations; or (b) a statement which names and identifies the location
of the appropriate municipal offices and advises the grantee that municipal subdivision and
zoning regulations may restrict the use or restrict or prohibit the development of the parcel, or
construction on it, and that the division of taxes and the filing or recording of the conveyance may
be prohibited without prior recordable certification of approval, nonapplicability, or waiver from
the municipality. In any action commenced by a buyer of such a parcel against the seller thereof,
the misrepresentation of or the failure to disclose material facts in accordance with this subdivision
shall be grounds for damages. If the buyer establishes a right to damages, a district court hearing
the matter may in its discretion also award to the buyer an amount sufficient to pay all or any part
of the costs incurred in maintaining the action, including reasonable attorney fees, and an amount
for punitive damages not exceeding five per centum of the purchase price of the land.
Subd. 4b. Restrictions on filing and recording conveyances.
(a) In a municipality in which
subdivision regulations are in force and have been filed or recorded as provided in this section,
no conveyance of land to which the regulations are applicable shall be filed or recorded, if the
land is described in the conveyance by metes and bounds or by reference to an unapproved
registered land survey made after April 21, 1961 or to an unapproved plat made after such
regulations become effective.
(b) The foregoing provision does not apply to a conveyance if the land described:
(1) was a separate parcel of record April 1, 1945 or the date of adoption of subdivision
regulations under Laws 1945, Chapter 287, whichever is the later, or of the adoption of
subdivision regulations pursuant to a home rule charter, or
(2) was the subject of a written agreement to convey entered into prior to such time, or
(3) was a separate parcel of not less than 2-1/2 acres in area and 150 feet in width on
January 1, 1966, or
(4) was a separate parcel of not less than five acres in area and 300 feet in width on July
1, 1980, or
(5) is a single parcel of commercial or industrial land of not less than five acres and having a
width of not less than 300 feet and its conveyance does not result in the division of the parcel into
two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width, or
(6) is a single parcel of residential or agricultural land of not less than 20 acres and having a
width of not less than 500 feet and its conveyance does not result in the division of the parcel into
two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width.
(c) In any case in which compliance with the foregoing restrictions will create an unnecessary
hardship and failure to comply does not interfere with the purpose of the subdivision regulations,
the platting authority may waive such compliance by adoption of a resolution to that effect and
the conveyance may then be filed or recorded.
(d) Any owner or agent of the owner of land who conveys a lot or parcel in violation of
the provisions of this subdivision shall forfeit and pay to the municipality a penalty of not less
than $100 for each lot or parcel so conveyed.
(e) A municipality may enjoin such conveyance or may recover such penalty by a civil
action in any court of competent jurisdiction.
Subd. 5. Permits.
Except as otherwise provided by this section all electric and gas
distribution lines or piping, roadways, curbs, walks and other similar improvements shall be
constructed only on a street, alley, or other public way or easement which is designated on
an approved plat, or properly indicated on the official map of the municipality, or which has
otherwise been approved by the governing body. When a municipality has adopted an official
map, no permit for the erection of any building shall be issued unless the building is to be
located upon a parcel of land abutting on a street or highway which has been designated upon
an approved plat or on the official map or which has been otherwise approved by the governing
body, and unless the buildings conform to the established building line. This limitation on issuing
permits shall not apply to planned developments approved by the governing body pursuant to
its zoning ordinance. No permit shall be issued for the construction of a building on any lot or
parcel conveyed in violation of the provisions of this section.
Subd. 6. Variances.
Subdivision regulations may provide for a procedure for varying the
regulations as they apply to specific properties where an unusual hardship on the land exists, but
variances may be granted only upon the specific grounds set forth in the regulations. Unusual
hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy
Subd. 7. Vacation.
The governing body of a municipality may vacate any publicly owned
utility easement or boulevard reserve or any portion thereof, which are not being used for sewer,
drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes,
in the same manner as vacation proceedings are conducted for streets, alleys and other public
ways under a home rule charter or other provisions of law.
A boulevard reserve means an easement established adjacent to a dedicated street for the
purpose of establishing open space adjacent to the street and which area is designated on the
recorded plat as "boulevard reserve".
Subd. 8. Plat approval under other laws.
Nothing in this section is to be construed as a
limitation on the authority of municipalities which have not adopted subdivision regulations to
approve plats under any other provision of law.
Subd. 9. Unplatted parcels.
Subdivision regulations adopted by municipalities may apply to
parcels which are taken from existing parcels of record by metes and bounds descriptions, and the
governing body or building authority may deny the issuance of permits or approvals, building
permits issued under sections
, or other permits or approvals to any parcels so
divided, pending compliance with subdivision regulations.
Subd. 10. Limitations.
Nothing in this section shall be construed to require a municipality
to regulate subdivisions or to regulate all subdivisions which it is authorized to regulate by this
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
(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
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.
History: 1965 c 670 s 8; 1971 c 842 s 1; 1973 c 67 s 1; 1973 c 176 s 1; 1975 c 98 s 1; 1976
c 181 s 2; 1978 c 786 s 16,17; 1980 c 560 s 6; 1980 c 566 s 25-33; 1981 c 85 s 7; 1982 c 415 s 2;
1982 c 507 s 23; 1985 c 194 s 24; 1986 c 444; 1989 c 196 s 1; 1989 c 200 s 1; 1989 c 209 art 2
s 1; 1995 c 254 art 1 s 90; art 3 s 6,7; 2000 c 497 s 1; 2001 c 7 s 74; 2002 c 315 s 1; 2004 c
178 s 2,3; 2006 c 209 s 1; 2006 c 269 s 1; 2006 c 270 art 1 s 6
462.3585 JOINT PLANNING BOARD.
Upon request of a home rule charter or statutory city council or county or town board by
resolution presented to the county auditor of the county of the affected territory a board shall be
established to exercise planning and land use control authority in the unincorporated area within
two miles of the corporate limits of a city. The board shall have members in a number determined
by the city, county, and town. Each governmental unit shall have an equal number of members.
The members shall be appointed from the governing bodies of the city, county, and town. Upon
request of more than one county or town board with respect to the unincorporated area within
two miles of the corporate limits of a single city, the parties may create one board rather than a
separate board for each county or town, with equal membership from each affected governmental
unit. The board shall serve as the governing body and board of appeals and adjustments for
purposes of sections
within the two-mile area. The board shall have all of the
powers contained in sections
and shall have authority to adopt and enforce the
State Fire Code promulgated pursuant to section
. The city shall provide staff for the
preparation and administration of land use controls unless otherwise agreed by the governmental
units. If a municipality extends the application of its subdivision regulations to unincorporated
territory located within two miles of its limits pursuant to section
462.358, subdivision 1a
the creation of a joint board, the subdivision regulations which the municipality has extended
shall apply until the joint board adopts subdivision regulations.
History: 1982 c 507 s 24; 2005 c 136 art 9 s 14
462.359 PROCEDURE TO EFFECT PLAN: OFFICIAL MAPS.
Subdivision 1. Statement of purpose.
Land that is needed for future street purposes or for
aviation purposes and as sites for other necessary public facilities and services is frequently
diverted to nonpublic uses that could have been located on other lands without hardship or
inconvenience to the owners. When this happens, public uses of land may be denied or may be
obtained later only at prohibitive cost or at the expense of dislocating the owners and occupants
of the land. Identification on an official map of land needed for future public uses permits both
the public and private property owners to adjust their building plans equitably and conveniently
before investments are made that will make adjustments difficult to accomplish.
Subd. 2. Adoption.
After the planning agency has adopted a major thoroughfare plan and
a community facilities plan, it may, for the purpose of carrying out the policies of the major
thoroughfare plan and community facilities plan, prepare and recommend to the governing body
a proposed official map covering the entire municipality or any portion thereof. The governing
body may, after holding a public hearing, adopt and amend the official map by ordinance. A
notice of the time, place and purpose of the hearing shall be published in the official newspaper
of the municipality at least ten days prior to the date of the hearing. The official map or maps
shall be prepared in sufficient detail to permit the establishment of the future acquisition lines on
the ground. In unplatted areas a minimum of a centerline survey shall have been made prior to
the preparation of the final draft of the official map. The accuracy of the future acquisition lines
shown on the official map shall be attested to by a licensed land surveyor. After adoption, a copy
of the official map, or sections thereof with a copy of the adopting ordinance attached shall be
recorded with the county recorder as provided in sections
Subd. 3. Effect.
After an official map has been adopted and filed, the issuance of building
permits by the municipality is subject to this section. Whenever any street or highway is widened
or improved or any new street is opened, or interests in lands for other public purposes, including
aviation purposes, are acquired by the municipality, it is not required in such proceedings to
pay for any building or structure placed without a permit or in violation of conditions of a
permit within the limits of the mapped street or outside of any building line that may have been
established upon the existing street or within any area thus identified for public purposes. The
adoption of an official map does not give the municipality any right, title, or interest in areas
identified for public purposes thereon, but the adoption of the map does authorize the municipality
to acquire interests without paying compensation for buildings or structures erected in those areas
without a permit or in violation of the conditions of a permit.
Subd. 4. Appeals.
If a land use or zoning permit or approval for a building in such location is
denied, the board of appeals and adjustments shall have the power, upon appeal filed with it by
the owner of the land, to grant a permit or approval for building in such location in any case in
which the board finds, upon the evidence and the arguments presented to it, (a) that the entire
property of the appellant of which such area identified for public purposes forms a part cannot
yield a reasonable return to the owner unless such a permit or approval is granted, and (b) that
balancing the interest of the municipality in preserving the integrity of the official map and of
the comprehensive municipal plan and the interest of the owner of the property in the use of
the property and in the benefits of ownership, the grant of such permit or approval is required
by considerations of justice and equity. In addition to the notice of hearing required by section
462.354, subdivision 2
, a notice shall be published in the official newspaper once at least ten days
before the day of the hearing. If the board of appeals and adjustments authorizes the issuance of a
permit or approval the governing body or other board or commission having jurisdiction shall
have six months from the date of the decision of the board to institute proceedings to acquire
such land or interest therein, and if no such proceedings are started within that time, the officer
responsible for issuing permits or approvals shall issue the permit or approval if the application
otherwise conforms to local ordinances. The board shall specify the exact location, ground area,
height and other details as to the extent and character of the building for which the permit or
approval is granted.
History: 1965 c 670 s 9; 1976 c 181 s 2; 1986 c 444; 1995 c 254 art 3 s 8; 1998 c 324 s 9;
2005 c 4 s 109; 2005 c 41 s 18,19
462.3595 CONDITIONAL USE PERMITS.
Subdivision 1. Authority.
The governing body may by ordinance designate certain types of
developments, including planned unit developments, and certain land development activities as
conditional uses under zoning regulations. Conditional uses may be approved by the governing
body or other designated authority by a showing by the applicant that the standards and criteria
stated in the ordinance will be satisfied. The standards and criteria shall include both general
requirements for all conditional uses, and insofar as practicable, requirements specific to each
designated conditional use.
Subd. 2. Public hearings.
Public hearings on the granting of conditional use permits shall be
held in the manner provided in section
462.357, subdivision 3
Subd. 3. Duration.
A conditional use permit shall remain in effect as long as the conditions
agreed upon are observed, but nothing in this section shall prevent the municipality from enacting
or amending official controls to change the status of conditional uses.
Subd. 4. Recording of permit.
A certified copy of any conditional use permit shall be
recorded with the county recorder or registrar of titles of the county or counties in which the
municipality is located for record. The conditional use permit shall include the legal description
of the property included.
History: 1982 c 507 s 25; 2005 c 4 s 110
462.3597 INTERIM USES.
Subdivision 1. Definition.
An "interim use" is a temporary use of property until a particular
date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
Subd. 2. Authority.
Zoning regulations may permit the governing body to allow interim
uses. The regulations may set conditions on interim uses. The governing body may grant
permission for an interim use of property if:
(1) the use conforms to the zoning regulations;
(2) the date or event that will terminate the use can be identified with certainty;
(3) permission of the use will not impose additional costs on the public if it is necessary for
the public to take the property in the future; and
(4) the user agrees to any conditions that the governing body deems appropriate for
permission of the use.
Any interim use may be terminated by a change in zoning regulations.
Subd. 3. Public hearings.
Public hearings on the granting of interim use permits shall be
held in the manner provided in section
462.357, subdivision 3
History: 1989 c 200 s 2
462.36 CERTIFIED COPIES FILED WITH COUNTY RECORDER.
Subdivision 1. Required documents.
A certified copy of every ordinance, resolution, map,
or regulation adopted under the provisions of sections
filed with the county recorder of the county or counties in which the municipality adopting it is
located. A certified copy of every variance to abstract or registered property granted under section
shall be recorded with the county recorder or the registrar of titles of the county or
counties in which the municipality granting it is located; except that the requirement to record
a variance is satisfied if a certified copy of the resolution citing the existence of the variance is
recorded identifying the location where the variance documents are available for inspection.
Ordinances, resolutions, maps, regulations or variances recorded pursuant to this subdivision do
not constitute encumbrances on real property. The order issued by the governing body or board of
appeals and adjustments as the case may be, shall include the legal description of the property
involved. Failure to record an ordinance, resolution, map, regulation, variance, or order shall not
affect its validity or enforceability.
Subd. 2. Filing with contiguous planning authorities.
A copy of a comprehensive plan
adopted by a planning agency under the provisions of sections
shall be filed
with the governing body of each contiguous municipality and with the regional planning agency,
if any, established to serve the area in which the municipality is located.
Subd. 3. Plat approval; filing.
Copies of resolutions approving subdivision plats of land
within a municipality, but contiguous to another municipality shall be filed with the governing
body of the contiguous municipality. Copies of resolutions approving subdivision plats of land
outside a municipality but subject to its subdivision regulations shall be filed with the clerk of the
town in which the land is situated.
History: 1965 c 670 s 10; 1976 c 181 s 2; 1980 c 509 s 168; 1982 c 507 s 26; 1983 c 187 s
1; 1983 c 216 art 1 s 68; 1988 c 583 s 1; 2005 c 4 s 111
462.361 JUDICIAL REVIEW.
Subdivision 1. Review of action.
Any person aggrieved by an ordinance, rule, regulation,
decision or order of a governing body or board of adjustments and appeals acting pursuant
may have such ordinance, rule, regulation, decision or order,
reviewed by an appropriate remedy in the district court, subject to the provisions of this section.
Subd. 2. Exhaustion of remedies.
In actions brought under this section, a municipality may
raise as a defense the fact that the complaining party has not attempted to remedy the grievance
by use of procedures available for that purpose under ordinance or charter, or under sections
. If the court finds that such remedies have not been exhausted, it shall require
the complaining party to pursue those remedies unless it finds that the use of such remedies would
serve no useful purpose under the circumstances of the case.
History: 1965 c 670 s 11; 1986 c 444
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
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.
History: 2002 c 315 s 2
462.362 ENFORCEMENT AND PENALTY.
A municipality may by ordinance provide for the enforcement of ordinances or regulations
adopted under sections
and provide penalties for violation thereof. A
municipality may also enforce any provision of sections
or of any ordinance
adopted thereunder by mandamus, injunction, or any other appropriate remedy in any court
of competent jurisdiction.
History: 1965 c 670 s 12
462.363 PRESENT ORDINANCES CONTINUED.
Except as otherwise provided in sections
, valid ordinances and
regulations now in effect shall continue in effect until amended or repealed.
History: 1965 c 670 s 13
462.364 INCONSISTENT LAWS.
Inconsistent special laws and general laws of special application are superseded by sections
to the extent of inconsistency. Nothing in sections
be construed to affect, alter or modify the provisions of Special Laws of 1887, chapter 108,
or Laws 1933, chapter 93.
History: 1965 c 670 s 14; 1976 c 46 s 1; 1977 c 347 s 58
462.365 EXTENSION OF TIME FOR COMPLIANCE.
Any municipality which has in effect on or before the effective date of Laws 1980, chapter
566 an ordinance for subdivision controls may elect not to come into compliance with any change
in subdivision regulations as may be required by Laws 1980, chapter 566 until such time as the
ordinance for subdivision controls is next amended.
History: 1980 c 566 s 34
462.371 REGIONAL PLANNING ACTIVITIES.
Any two or more counties, cities or towns may enter into an agreement under section
for the conduct of regional planning activities.
History: 1965 c 694 s 1; 1973 c 123 art 5 s 7
462.372 REGIONAL PLANNING BOARDS.
The agreement creating a regional planning agency shall provide for a regional planning
board composed of members selected from the governing bodies of the participating governmental
units. The number, term of office, method of appointment and removal of members, shall be
provided for in the agreement.
History: 1965 c 694 s 2
462.373 REGIONAL PLANNING BOARD; POWERS AND DUTIES.
Subdivision 1. Staff, advisors, contracts.
The regional planning board may employ a
planning director and necessary staff, or appoint an advisory planning commission, or both, to
assist it in exercising its powers and duties. The regional planning board may hire experts and
consultants and contract with other planning agencies for necessary services.
Subd. 2. Regional development plan.
The regional planning board may prepare and from
time to time revise, amend, extend, or add to a plan or plans for the development of the region,
which plan or plans collectively shall be known as the regional development plan. No portion of
a regional development plan shall be adopted by the regional planning board until it has been
referred to the governing bodies of participating units for their review and their recommendation
within such time as is prescribed in the agreement.
Subd. 3. Funds, grants, services of others.
The regional planning board may accept funds,
grants, and services from the government of the United States or its agencies, from the state
of Minnesota or its departments, agencies or instrumentalities, or from any governmental unit
whether participating in the regional agency or not, and from private and civic sources.
History: 1965 c 694 s 3
462.374 ADOPTION OF PLAN BY LOCAL UNITS.
Any local governmental unit within the region may adopt all or any portion of the regional
development plan. No comprehensive plan shall be adopted in any participating unit until such
plan has been referred to the regional planning board for its review and recommendation within
such time as is prescribed in the agreement.
History: 1965 c 694 s 4
462.375 REGIONAL DEVELOPMENT PLAN; FILING AND DISTRIBUTION.
The regional planning agency shall transmit the regional development plan and any revisions
thereto, to the commissioner of employment and economic development, the governing bodies of
cooperating governmental units, and to planning agencies in contiguous areas. The agency may
prepare additional copies of the plan for general distribution or sale.
History: 1965 c 694 s 5; 1967 c 299 s 9; 1981 c 356 s 223; 1983 c 289 s 115 subd 1;
1987 c 312 art 1 s 26 subd 2; 1Sp2003 c 4 s 1
REGIONAL DEVELOPMENT ACT OF 1969
The provisions of sections
have no application to the Metropolitan
Council created by or the region defined by Laws 1967, chapter 896.
History: 1969 c 1122 s 2; 1Sp1986 c 3 art 1 s 57
462.383 PURPOSE: GOVERNMENT COOPERATION AND COORDINATION.
Subdivision 1. Legislative findings.
The legislature finds that problems of growth and
development in urban and rural regions of the state so transcend the boundary lines of local
government units that no single unit can plan for their solution without affecting other units in
the region; that coordination of multijurisdictional activities is essential to the development and
implementation of effective policies and programs; that intergovernmental cooperation is an
effective means of pooling the resources of local government to approach common problems; and
that the assistance of the state is needed to make the most effective use of local, state, federal, and
private programs in serving the citizens of such urban and rural regions.
Subd. 2. By creating regional commission.
It is the purpose of sections
to authorize the establishment of regional development commissions to work with and on behalf
of local units of government to develop plans or implement programs to address economic, social,
physical, and governmental concerns of each region of the state. The commissions may assist
with, develop, or implement plans or programs for individual local units of government.
History: 1969 c 1122 s 3; 1Sp1986 c 3 art 1 s 57; 1997 c 231 art 12 s 2
Subdivision 1. Application.
For the purposes of sections
defined in this section have the meanings given them.
Subd. 2. Governmental unit.
"Governmental unit" means a county, city, town, school
district, or other political subdivision of the state.
Subd. 3. Municipality.
"Municipality" means a city.
Subd. 4. Commission.
"Commission" means a regional development commission created
Subd. 5. Development region, region.
"Development region" or "region" means a
geographic region composed of a grouping of counties as established by sections
Subd. 6. Subregion, subdistrict.
"Subregion" or "subdistrict" means any combination of
governmental units formed under sections
or under any other statute
combining or enabling the combination of governmental units for special purposes.
Subd. 7.[Repealed, 1997 c 231 art 12 s 27
History: 1969 c 1122 s 4; 1973 c 123 art 5 s 7; 1981 c 356 s 224,248; 1983 c 289 s 115
subd 1; 1984 c 558 art 4 s 10; 1986 c 444; 1Sp1986 c 3 art 1 s 13,57; 1987 c 186 s 15; 1991 c
345 art 2 s 57; 1997 c 231 art 12 s 3
462.385 DESIGNATION OF REGIONS.
Subdivision 1. By governor's order; hearings.
Development regions for the state shall
consist of the following counties:
Region 1: Kittson, Roseau, Marshall, Pennington, Red Lake, Polk, and Norman.
Region 2: Lake of the Woods, Beltrami, Mahnomen, Clearwater, and Hubbard.
Region 3: Koochiching, Itasca, St. Louis, Lake, Cook, Aitkin, and Carlton.
Region 4: Clay, Becker, Wilkin, Otter Tail, Grant, Douglas, Traverse, Stevens, and Pope.
Region 5: Cass, Wadena, Crow Wing, Todd, and Morrison.
Region 6E: Kandiyohi, Meeker, Renville, and McLeod.
Region 6W: Big Stone, Swift, Chippewa, Lac qui Parle, and Yellow Medicine.
Region 7E: Mille Lacs, Kanabec, Pine, Isanti, and Chisago.
Region 7W: Stearns, Benton, Sherburne, and Wright.
Region 8: Lincoln, Lyon, Redwood, Pipestone, Murray, Cottonwood, Rock, Nobles, and
Region 9: Sibley, Nicollet, LeSueur, Brown, Blue Earth, Waseca, Watonwan, Martin, and
Region 10: Rice, Goodhue, Wabasha, Steele, Dodge, Olmsted, Winona, Freeborn, Mower,
Fillmore, and Houston.
Region 11: Anoka, Hennepin, Ramsey, Washington, Carver, Scott, and Dakota.
Subd. 2.[Repealed, 1997 c 231 art 12 s 27
Subd. 3. Ongoing boundary studies; changes.
Modification of regional boundaries may
be initiated by a county requesting assignment to a region other than that within which it is
designated. If a request for reassignment is unacceptable to the commission whose boundaries
would be modified, the county requesting reassignment shall remain in the originally designated
region until the legislature determines the final assignment.
History: 1969 c 1122 s 5; 1981 c 356 s 225,226; 1983 c 298 s 115 subd 1; 1987 c 186 s
15; 1997 c 231 art 12 s 4,5
462.386 OTHER PLANNING REGIONS TO CONFORM; EXCEPTION.
Subdivision 1. Exception, working agreements.
All coordination, planning, and
development regions assisted or created by the state of Minnesota or pursuant to federal legislation
shall conform to the regions except where, after review and approval by the governor or designee,
nonconformance is clearly justified. The governor or designee shall develop working agreements
with state and federal departments and agencies to insure conformance with this subdivision.
Subd. 2.[Repealed, 1971 c 153 s 13
History: 1969 c 1122 s 6; 1981 c 356 s 227; 1983 c 289 s 115 subd 1; 1987 c 186 s 15;
1997 c 231 art 12 s 6
462.387 REGIONAL DEVELOPMENT COMMISSIONS; ESTABLISHMENT.
Subdivision 1. Petition.
Any combination of counties or municipalities representing a
majority of the population of the region for which a commission is proposed may petition the
governor or designee by formal resolution setting forth its desire to establish, and the need for, the
establishment of a regional development commission. For purposes of this section the population
of a county does not include the population of a municipality within the county.
Subd. 1a. Operating commission.
Regional development commissions shall be those
organizations operating pursuant to sections
which were formed by formal
resolution of local units of government and those which may petition by formal resolution to
establish a regional development commission.
Subd. 2.[Repealed, 1971 c 153 s 13
Subd. 3. Establishment.
Upon receipt of a petition as provided in subdivision 1 a regional
development commission shall be established by the governor or designee and all local
government units within the region for which the commission is proposed shall be notified.
The notification shall be made within 60 days of the governor's receipt of a petition under
Subd. 4. Selection of membership.
The governor or designee shall call together each of
the membership classifications except citizen groups, defined in section
, within 60 days
of the establishment of a regional development commission for the purpose of selecting the
Subd. 5. Name of commission.
The name of the organization shall be determined by formal
resolution of the commission.
History: 1969 c 1122 s 7; 1971 c 153 s 1-3; 1981 c 356 s 228; 1983 c 289 s 115 subd 1;
1986 c 444; 1987 c 186 s 15; 1997 c 231 art 12 s 7
462.388 COMMISSION MEMBERSHIP.
Subdivision 1. Representation of various members.
A commission shall consist of the
(1) one member from each county board of every county in the development region;
(2) one additional county board member from each county of over 100,000 population;
(3) the town clerk, town treasurer, or one member of a town board of supervisors from each
county containing organized towns;
(4) one additional member selected by the county board of any county containing no
(5) one mayor or council member from a municipality of under 10,000 population from each
county, selected by the mayors of all such municipalities in the county;
(6) one mayor or council member from each municipality of over 10,000 in each county;
(7) two school board members elected by a majority of the chairs of school boards in the
(8) one member from each council of governments;
(9) one member appointed by each native American tribal council located in each region; and
(10) citizens representing public interests within the region including members of minority
groups to be selected after adoption of the bylaws of the commission.
Subd. 2. Terms, selection method.
The terms of office and method of selection of members
shall be provided in the bylaws of the commission. The commission shall adopt rules setting
forth its procedures.
Subd. 3.[Repealed, 1971 c 153 s 13
Subd. 5. Per diem; board members.
Members of the regional commission may receive a per
diem of not over $50, the amount to be determined by the commission, and shall be reimbursed
for their reasonable expenses as determined by the commission. The commission may provide for
the election of a board of directors and provide, at its discretion, for a per diem of not over $50 a
day for meetings of the board and expenses. A member of the board of directors who is a member
of the commission shall receive only the per diem payable to board members when meetings of
the board of directors and the commission are held on the same day.
History: 1969 c 1122 s 8; 1971 c 153 s 4,5; 1971 c 174 s 1; 1975 c 176 s 1; 1977 c 78 s 1;
1986 c 444; 1997 c 231 art 12 s 8
462.389 DEVELOPMENT COMMISSION CHAIR; OFFICERS AND STAFF.
Subdivision 1. Chair.
The chair of the commission shall have been a resident of the region
for at least one year and shall be a person experienced in the field of government affairs. The chair
shall preside at the meetings of the commission and board of directors and be responsible for
carrying out all policy decisions of the commission. The chair's expense allowances shall be fixed
by the commission. The term of the first chair shall be one year, and the chair shall serve until a
successor is selected and qualifies. At the expiration of the term of the first chair, the chair shall be
elected from the membership of the commission according to procedures established in its bylaws.
Subd. 2. Officers.
Except as provided in subdivision 1, the commission shall elect such
officers as it deems necessary for the conduct of its affairs. Times and places of regular and
special meetings shall be fixed by the commission and may be provided in the commission
bylaws. In the performance of its duties the commission may adopt bylaws, rules governing
its operation, establish committees, divisions, departments, and bureaus, and staff the same as
necessary to carry out its duties and when specifically authorized by law make appointments to
other governmental agencies and districts. All officers and employees shall serve at the pleasure
of the commission and in accordance with this section.
Subd. 3. Executive director.
The commission may appoint an executive director to serve
as the chief administrative officer. The director may be chosen from among the citizens of the
nation at large, and shall be selected on the basis of training and experience in the field of
Subd. 4. Employees.
The commission may adopt a personnel system for its officers and
employees including terms and conditions for the employment, the fixing of compensation, their
classification, benefits, and the filing of performance and fidelity bonds, and such policies of
insurance as it may deem advisable, the premiums for which, however, shall be paid for by the
commission. Officers and employees are public employees within the meaning of chapter 353.
The commission shall make the employer's contributions to pension funds of its employees.
Subd. 5.[Repealed, 1997 c 231 art 12 s 27
Subd. 6. Consultants.
The commission may contract for the services of consultants who
perform engineering, legal, or other services of a professional nature for peak workloads,
continuing advice on program direction, and for specialized and technical services. Such contracts
shall not be subject to the requirements of any law relating to public bidding.
History: 1969 c 1122 s 9; 1971 c 153 s 6-8; 1973 c 507 s 45; 1980 c 617 s 47; 1986 c
444; 1997 c 231 art 12 s 9-11
462.39 POWERS AND DUTIES.
Subdivision 1. General powers.
The commission shall have and exercise all powers which
may be necessary or convenient to enable it to perform and carry out the duties and responsibilities
or which may hereafter be imposed upon it by law. Such powers
include the specific powers enumerated in this section. The commission is an instrumentality of
the state for purposes of section
297A.70, subdivisions 1, 2, and 3
Subd. 2. Regional programs.
The commission is authorized to receive public and private
funds for purposes including, but not limited to program administration, multicounty planning,
coordination, and development.
Subd. 3. Planning.
The commission may prepare and submit for adoption, after appropriate
study and such public hearings as may be necessary, comprehensive plans for local units
of government, individually or collectively, within the region. Plans may consist of policy
statements, goals, standards, programs, and maps prescribing guides for orderly development
within the jurisdiction subject to the plan. The plans shall recognize and incorporate planning
principles which encompass physical, social, or economic needs of the region. In preparing
development plans the commission shall use to the maximum extent feasible the resources
studies and data available from other planning agencies within the region, including counties,
municipalities, special districts, and subregional planning agencies, and it shall utilize the
resources of state agencies to the same purpose.
Subd. 4. Comprehensive planning.
The creation of a regional development commission
does not affect the right of counties or municipalities to conduct subregional or district planning
. It is the purpose of sections
encourage local and subdistrict planning capability and the regional commission shall as far as
practical use the data, resources, and input of the local planning agencies.
History: 1969 c 1122 s 10; 1973 c 589 s 1; 1978 c 786 s 18; 1981 c 356 s 229,230; 1983 c
289 s 115 subd 1; 1Sp1986 c 3 art 1 s 57; 1997 c 231 art 12 s 12,13; 2000 c 418 art 1 s 44
462.391 SPECIFIC POWERS AND DUTIES.
Subdivision 1.[Repealed, 1997 c 231 art 12 s 27
Subd. 1a. Review of local plans.
The commission may review and provide comments
and recommendations on local plans or development proposals which in the judgment of the
commission have a substantial effect on regional development. Local units of government may
request that a regional commission review, comment, and provide advisory recommendations on
local plans or development proposals.
Subd. 2.[Repealed, 1997 c 231 art 12 s 27
Subd. 2a. Staff services.
To avoid duplication of staff for various regional bodies assisted
by federal or state government, the commission may provide basic administrative, research,
and planning services for all regional planning and development bodies. The commissions
may contract to obtain or perform services with state agencies, for-profit or nonprofit entities,
subdistricts organized as the result of federal or state programs, councils of governments
organized under section
, or any other law, and with local governments.
Subd. 3.[Repealed, 1997 c 231 art 12 s 27
Subd. 3a. Data and information.
The commission may be designated as a regional data
center providing data collection, storage, analysis, and dissemination to be used by it and other
governmental and private users, and may accept gifts or grants to provide this service.
Subd. 4.[Repealed, 1997 c 231 art 12 s 27
Subd. 5. Research.
Where studies have not been otherwise authorized by law the commission
may study the feasibility of programs including, but not limited to, water, land use, economic
development, housing, demographics, cultural issues, governmental issues, human services,
natural resources, communication, technology, transportation, and other subjects of concern to
the citizens of the region, may institute demonstration projects in connection therewith, and
may enter into contracts or accept gifts or grants for such purposes as otherwise authorized in
Subd. 6.[Repealed, 1997 c 231 art 12 s 27
Subd. 7.[Repealed, 1997 c 231 art 12 s 27
Subd. 8.[Repealed, 1997 c 231 art 12 s 27
Subd. 9.[Repealed, 1997 c 231 art 12 s 27
Subd. 10. Service to local government.
The commission may contract with local units
of government to provide them with services and technical assistance in the conduct of local
planning and development activities.
Subd. 11. Program operation.
Upon approval of the appropriate authority from local,
state, and federal government units, commissions may be regarded as general purpose units of
government to receive funds and operate programs on a regional or subregional basis to provide
economies of scale or to enhance program efficiency.
Subd. 12. Property ownership.
A commission may buy, lease, acquire, own, hold, improve,
and use real or personal property or an interest in property, wherever located in the state for
purposes of housing the administrative office of the regional commission.
Subd. 13. Property disposition.
A commission may sell, convey, mortgage, create a security
interest in, lease, exchange, transfer, or dispose of all or part of its real or personal property or an
interest in property, wherever located in the state.
History: 1969 c 1122 s 11; 1971 c 153 s 9; 1973 c 123 art 5 s 7; 1975 c 271 s 6; 1981 c 356
s 231-233; 1983 c 289 s 115 subd 1; 1Sp1986 c 3 art 1 s 57; 1997 c 231 art 12 s 14-20
462.3911 PRAIRIELAND EXPO.
The Southwest Regional Development Commission is authorized to establish, construct,
and operate a facility to display, preserve, and interpret historical information and to enhance the
tourism potential of the region. The commission may enter into a lease or management contract
with another entity for operation of the facility.
History: 1994 c 643 s 74
462.3912 REGIONAL HOUSING DEVELOPMENT.
The Headwaters Regional Development Commission may establish a not-for-profit
corporation for the purposes of increasing the supply of affordable housing and improving
opportunities for home ownership in development region two. The not-for-profit corporation
may, among other things, acquire land, accept grant and loan funds from the state and federal
governments, construct and rehabilitate housing units, and sell or manage housing in the region.
History: 1998 c 292 s 1
462.393 ANNUAL REPORT TO UNITS, PUBLIC, GOVERNOR, LEGISLATURE.
Subdivision 1. Contents.
(a) On or before September 1 of each year, the commission shall
prepare a report for the governmental units, the public within the region, the legislature and the
(b) The report shall include:
(1) a statement of the commission's receipts and expenditures by category since the
(2) a detailed budget for the year in which the report is filed and a tentative budget for the
following year including an outline of its program for such period;
(3) a description of any plan adopted in whole or in part for the region;
(4) summaries of any studies and the recommendations resulting therefrom made for the
(5) a summary of significant accomplishments;
(6) a listing of plans of local governmental units submitted to the region, and actions taken in
(7) recommendations of the commission regarding federal and state programs, cooperation,
funding, and legislative needs; and
(8) a summary of any audit report made during the previous year relative to the commission.
Subd. 2. Assessment every five years.
In 2001 and every five years thereafter the
commission shall review its activities and issue a report assessing its performance in fulfilling the
purposes of the Regional Development Act. The report shall address whether the existence of the
commission is in the public welfare and interest.
History: 1969 c 1122 s 13; 1971 c 153 s 10; 1980 c 557 s 1; 1997 c 231 art 12 s 21
462.394 CITIZEN PARTICIPATION AND ADVISORY COMMITTEES.
The commission may appoint advisory committees of interested and affected citizens to
assist in the review of plans, programs, and other matters referred for review by the commission.
Whenever a special advisory committee is required by any federal or state regional program
the commission shall, as far as practical, appoint such committees as advisory groups to the
commission. Members of the advisory committees shall serve without compensation but shall be
reimbursed for their reasonable expenses as determined by the commission.
History: 1969 c 1122 s 14; 1986 c 444; 1997 c 231 art 12 s 22
462.395 DUTIES OF STATE AGENCIES.
All state departments and agencies shall cooperate with regional development commissions
established under sections
and shall make available to them studies, reports,
data, and other informational and technical assistance within financial and personnel limitations.
The commissioner shall coordinate the state's assistance programs to regional planning and
History: 1969 c 1122 s 15; 1981 c 356 s 234; 1983 c 289 s 115 subd 1; 1Sp1986 c 3 art 1 s
57; 1987 c 186 s 15
462.396 GRANTS; LEVIES; BUDGET; ACCOUNTS; AUDITS; BIDS; DEPOSITS.
Subdivision 1. Grantmaking, tax levy.
The governor and the legislature shall determine the
amount of state assistance and designate an agency to make grants to any commission created
from appropriations made available for those purposes. Any
regional commission may levy a tax on all taxable property in the region to provide money for
the purposes of sections
Subd. 2. Budget; hearing; levy limits.
On or before August 20 each year, the commission
shall submit its proposed budget for the ensuing calendar year showing anticipated receipts,
disbursements and ad valorem tax levy with a written notice of the time and place of the public
hearing on the proposed budget to each county auditor and municipal clerk within the region and
those town clerks who in advance have requested a copy of the budget and notice of public
hearing. On or before September 15 each year, the commission shall adopt, after a public hearing
held not later than September 15, a budget covering its anticipated receipts and disbursements for
the ensuing year and shall decide upon the total amount necessary to be raised from ad valorem
tax levies to meet its budget. After adoption of the budget and no later than September 15, the
secretary of the commission shall certify to the auditor of each county within the region the
county share of the tax, which shall be an amount bearing the same proportion to the total levy
agreed on by the commission as the net tax capacity of the county bears to the net tax capacity of
the region. (1) For taxes levied in 1998, the maximum amounts of levies made for the purposes of
are the following amounts: for Region 1, $180,337; for Region 2,
$180,000; for Region 3, $353,110; for Region 5, $195,865; for Region 6E, $197,177; for Region
6W, $180,000; for Region 7E, $180,000; for Region 8, $206,107; for Region 9, $343,572. (2) For
taxes levied in 1999 and thereafter, the maximum amount that may be levied by each commission
shall be the amount authorized in clause (1), or 103 percent of the amount levied in the previous
year, whichever is greater. The auditor of each county in the region shall add the amount of any
levy made by the commission within the limits imposed by this subdivision to other tax levies
of the county for collection by the county treasurer with other taxes. When collected the county
treasurer shall make settlement of the taxes with the commission in the same manner as other
taxes are distributed to political subdivisions.
Subd. 3. Gifts, grants, loans.
The commission is a special purpose unit of government
which may accept gifts, apply for and use grants or loans of money or other property from the
United States, the state, or any person, local or governmental body for any commission purpose
and may enter into agreements required in connection therewith and may hold, use, and dispose
of such moneys or property in accordance with the terms of the gift, grant, loan, agreement,
or contract relating thereto.
For purposes of receipt of state or federal funds for community and economic development,
regional commissions shall be considered general purpose units of government.
Subd. 4. Accounting; checks; annual audit.
The commission shall keep an accurate
account of its receipts and disbursement. Disbursements of funds of the commission shall be
made by check signed by the chair or vice-chair or secretary of the commission and countersigned
by the executive director or an authorized deputy thereof after such auditing and approval of
the expenditure as may be provided by rules of the commission. The state auditor may audit
the books and accounts of the commission once each year, or as often as funds and personnel
of the state auditor permit. The commission shall pay to the state the total cost and expenses of
such examination, including the salaries paid to the auditors while actually engaged in making
such examination. The general fund shall be credited with all collections made for any such
examination. In lieu of an annual audit by the state auditor, the commission shall contract with a
certified public accountant for the annual audit of the books and accounts of the commission. If
a certified public accountant performs the audit, the commission shall send a copy of the audit
to the state auditor.
Subd. 5. Bid law.
Every contract of the commission for the purchase of merchandise,
materials, or supplies shall be let in accordance with the provisions of section
Subd. 6. Depositories.
The commission shall from time to time designate one or more
national or state banks, or trust companies authorized to do a banking business, as official
depositories for money of the commission, and thereupon shall require the treasurer to deposit all
or part of such money in such bank or banks. Such designation shall be in writing and set forth
all the terms and conditions upon which the deposits are made, and shall be signed by the chair
and secretary, and made a part of the minutes of the commission. Any bank or trust company
so designated shall qualify as a depository by furnishing a corporate surety bond or collateral as
required by chapter 118A, and shall thereafter, as long as money of the commission is on deposit
therein, maintain such bond or collateral and shall be required to secure any deposit, insofar as it
is insured under federal law, as provided in section
History: 1969 c 1122 s 16; 1971 c 153 s 11,12; 1973 c 492 s 7; 1973 c 589 s 2; 1973
c 773 s 1; 1981 c 356 s 235; 1986 c 444; 1Sp1986 c 3 art 1 s 57; 1988 c 719 art 5 s 84; 1989
c 277 art 4 s 60; 1989 c 329 art 13 s 20; 1989 c 335 art 4 s 86; 1990 c 604 art 3 s 39; 1991 c
345 art 2 s 58; 1992 c 592 s 8; 1994 c 416 art 1 s 46; 1996 c 399 art 2 s 12; 1997 c 231 art 12 s
23-25; 1998 c 389 art 3 s 17; 2001 c 7 s 90
462.397 BORROWING MONEY; CERTIFICATES OF INDEBTEDNESS.
Subdivision 1. Tax anticipation.
At any time after a tax has been levied by the commission
and certified to the county auditors to be spread on the next tax roll for collection, the commission
may borrow money and in evidence thereof issue and sell its certificates of indebtedness in
anticipation of the collection of such levy.
Subd. 2. Up to 50 percent.
The aggregate principal amount of such certificates then
remaining outstanding, issued in anticipation of any levies whatsoever, plus the then unpaid
accrued interest and interest to accrue to maturity on all such certificates, shall not exceed 50
percent of all taxes certified to the county auditors to be spread and collected which are not
delinquent, less the amount thereof received by the commission before the latest certificates
Subd. 3. Up to 1-1/2 year maturity.
All certificates shall mature not later than April 1
following the close of the year of collection of the taxes in anticipation of which they were issued,
and may be made subject to redemption before maturity.
Subd. 4. Formalities in resolution.
The commission shall, by the resolution authorizing
each issue of certificates, fix the amount, date, maturity or maturities, prepayment provisions,
form, denominations, interest rate or rates, and other details of the certificates, and also pledge the
full faith and credit of the commission for the payment thereof. In and by such resolution, the
commission shall also irrevocably appropriate to a special fund such amount, stated in dollars,
of the levy anticipated as will be required to pay the principal of and interest on the certificates
Subd. 5. Levy for delinquencies.
If, due to delinquencies in collection thereof, the levy
is not received at the times and in the amounts sufficient to meet principal of and interest on
certificates payable therefrom, the commission may levy and cause to be extended, assessed and
collected upon all taxable property within the region, such ad valorem taxes as may be required to
pay such principal and interest and to restore to other funds advances made for that purpose.
Subd. 6. Negotiation; sale.
All such certificates may be negotiated and sold in such manner
as may be determined by the commission.
History: 1973 c 589 s 3
462.398 TERMINATION OF COMMISSION.
Subdivision 1. Petition; population.
Any combination of counties or municipalities
representing a majority of the population of the region for which a commission exists may petition
the governor by formal resolution stating that the existence of the commission is no longer in
the public welfare and interest and is not needed to accomplish the purposes of the Regional
Development Act. For purposes of this section the population of a county does not include the
population of a municipality within the county. Any formal resolution adopted by the governing
body of a county or municipality for the termination of a commission shall be effective for a
period of one year for the purpose of determining the requisite population of the region needed to
petition the governor.
Subd. 2. Hearings; recommendation, termination date.
Within 35 days of the filing of
the petition, the governor or designee shall fix a time and place within the region for a hearing.
The director shall give notice of the hearing by publication once each week for two successive
weeks before the date of the hearing in a legal newspaper in each of the counties which the
commission represents. The hearing shall be conducted by members of the commission. If the
commission determines that the existence of the commission is no longer in the public welfare
and interest and that it is not needed to accomplish the purposes of the Regional Development
Act, the commission shall recommend to the governor or designee that the governor or designee
terminate the commission. Within 60 days after receipt of the recommendation, the governor or
designee shall terminate the commission by giving notice of the termination to all government
units within the region for which the commission was established. Unless otherwise provided by
this subdivision, the hearing shall be in accordance with sections
Subd. 3. 30 months between petitions.
The governor or designee shall not accept a petition
for termination more than once in 30 months for each regional development commission.
History: 1980 c 557 s 2; 1981 c 356 s 236; 1982 c 424 s 130; 1983 c 289 s 115 subd 1;
1987 c 384 art 2 s 1; 1990 c 422 s 10; 1997 c 231 art 12 s 26