2006 Minnesota Statutes

115A.28 FINAL DECISION.
    Subdivision 1.[Repealed, 1996 c 310 s 1]
    Subd. 2. Decision paramount. The agency's decision under subdivision 1 shall be final
and shall supersede and preempt requirements of state agencies and political subdivisions and
the requirements of sections 473H.02 to 473H.17; except that a facility established pursuant
to the decision shall be subject to terms, conditions, and requirements in permits of state or
federal permitting agencies, the terms of lease determined by the agency under section 115A.06,
subdivision 4 , and any requirements imposed pursuant to subdivision 3. Except as otherwise
provided in this section, no charter provision, ordinance, rule, permit, or other requirement of
any state agency or political subdivision shall prevent or restrict the establishment, operation,
expansion, continuance, or closure of a facility in accordance with the final decision and leases of
the agency and permits issued by state or federal permitting agencies.
    Subd. 3. Local requirements. A political subdivision may impose reasonable requirements
respecting the construction, inspection, operation, monitoring, and maintenance of a facility. Any
such requirements shall be subject to review by the agency to determine their reasonableness and
consistency with the establishment and use of a facility in accordance with the final decision and
lease of the agency and to determine their reasonableness and consistency with permits of state
and federal permitting agencies. The agency may approve, disapprove, suspend, modify, or
reverse any such requirements. The decision of the agency shall be final.
History: 1980 c 564 art 3 s 11; 1981 c 352 s 22; 1983 c 373 s 33-35; 1984 c 644 s 29; 1985
c 248 s 70; 1986 c 425 s 47; 1986 c 444; 1989 c 335 art 1 s 269; 1Sp2005 c 1 art 2 s 161