15.99 TIME DEADLINE FOR AGENCY ACTION.
Subdivision 1. Definitions.
(a) For purposes of this section, the following terms shall have
the meanings given.
(b) "Agency" means a department, agency, board, commission, or other group in the
executive branch of state government; a statutory or home rule charter city, county, town, or school
district; any metropolitan agency or regional entity; and any other political subdivision of the state.
(c) "Request" means a written application related to zoning, septic systems, watershed
district review, soil and water conservation district review, or the expansion of the metropolitan
urban service area, for a permit, license, or other governmental approval of an action. A request
must be submitted in writing to the agency on an application form provided by the agency, if one
exists. The agency may reject as incomplete a request not on a form of the agency if the request
does not include information required by the agency. A request not on a form of the agency must
clearly identify on the first page the specific permit, license, or other governmental approval being
sought. No request shall be deemed made if not in compliance with this paragraph.
(d) "Applicant" means a person submitting a request under this section. An applicant may
designate a person to act on the applicant's behalf regarding a request under this section and any
action taken by or notice given to the applicant's designee related to the request shall be deemed
taken by or given to the applicant.
Subd. 2. Deadline for response.
(a) Except as otherwise provided in this section, section
462.358, subdivision 3b
, or chapter 505, and notwithstanding any other law to the
contrary, an agency must approve or deny within 60 days a written request relating to zoning,
septic systems, watershed district review, soil and water conservation district review, or expansion
of the metropolitan urban service area for a permit, license, or other governmental approval
of an action. Failure of an agency to deny a request within 60 days is approval of the request.
If an agency denies the request, it must state in writing the reasons for the denial at the time
that it denies the request.
(b) When a vote on a resolution or properly made motion to approve a request fails for any
reason, the failure shall constitute a denial of the request provided that those voting against the
motion state on the record the reasons why they oppose the request. A denial of a request because
of a failure to approve a resolution or motion does not preclude an immediate submission of
a same or similar request.
(c) Except as provided in paragraph (b), if an agency, other than a multimember governing
body, denies the request, it must state in writing the reasons for the denial at the time that it denies
the request. If a multimember governing body denies a request, it must state the reasons for denial
on the record and provide the applicant in writing a statement of the reasons for the denial. If
the written statement is not adopted at the same time as the denial, it must be adopted at the
next meeting following the denial of the request but before the expiration of the time allowed
for making a decision under this section. The written statement must be consistent with the
reasons stated in the record at the time of the denial. The written statement must be provided to
the applicant upon adoption.
Subd. 3. Application; extensions.
(a) The time limit in subdivision 2 begins upon the
agency's receipt of a written request containing all information required by law or by a previously
adopted rule, ordinance, or policy of the agency, including the applicable application fee. If an
agency receives a written request that does not contain all required information, the 60-day limit
starts over only if the agency sends written notice within 15 business days of receipt of the request
telling the requester what information is missing.
(b) If a request relating to zoning, septic systems, watershed district review, soil and water
conservation district review, or expansion of the metropolitan urban service area requires the
approval of more than one state agency in the executive branch, the 60-day period in subdivision
2 begins to run for all executive branch agencies on the day a request containing all required
information is received by one state agency. The agency receiving the request must forward
copies to other state agencies whose approval is required.
(c) An agency response, including an approval with conditions, meets the 60-day time limit
if the agency can document that the response was sent within 60 days of receipt of the written
request. Failure to satisfy the conditions, if any, may be a basis to revoke or rescind the approval
by the agency and will not give rise to a claim that the 60-day limit was not met.
(d) The time limit in subdivision 2 is extended if a state statute, federal law, or court order
requires a process to occur before the agency acts on the request, and the time periods prescribed
in the state statute, federal law, or court order make it impossible to act on the request within 60
days. In cases described in this paragraph, the deadline is extended to 60 days after completion
of the last process required in the applicable statute, law, or order. Final approval of an agency
receiving a request is not considered a process for purposes of this paragraph.
(e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state agency
requires prior approval of a federal agency; or (2) an application submitted to a city, county,
town, school district, metropolitan or regional entity, or other political subdivision requires prior
approval of a state or federal agency. In cases described in this paragraph, the deadline for agency
action is extended to 60 days after the required prior approval is granted.
(f) An agency may extend the time limit in subdivision 2 before the end of the initial 60-day
period by providing written notice of the extension to the applicant. The notification must state
the reasons for the extension and its anticipated length, which may not exceed 60 days unless
approved by the applicant.
(g) An applicant may by written notice to the agency request an extension of the time limit
under this section.
History: 1995 c 248 art 18 s 1; 1996 c 283 s 1; 2003 c 41 s 1; 2006 c 226 s 1; 2007 c 57
art 1 s 11; 2007 c 113 s 1