2007 Minnesota Statutes

115A.28 FINAL DECISION.
    Subdivision 1.[Repealed, 1996 c 310 s 1]
    Subd. 2. Decision paramount. The agency's decision 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;
2007 c 13 art 3 s 9