2007 Minnesota Statutes

360.065 AIRPORT ZONING; ADOPTION AND APPROVAL OF PROPOSED
REGULATIONS.
    Subdivision 1. Notice of proposed zoning regulations, hearing. No airport zoning
regulations shall be adopted, amended, or changed under sections 360.011 to 360.076, except by
action of the governing body of the municipality or county in question, or the boards provided for
in section 360.063, subdivisions 3 and 7, or by the commissioner as provided in subdivisions 6
and 8, after public hearings, at which parties in interest and citizens shall have an opportunity to
be heard. A public hearing shall be held on the proposed regulations before they are submitted for
approval to the commissioner and after that approval but before final adoption by the local zoning
authority. Notice of a hearing required pursuant to this subdivision shall be published by the local
zoning authority at least three times during the period between 15 days and five days before the
hearing in an official newspaper and in a second newspaper designated by that authority which has
a wide general circulation in the area affected by the proposed regulations. The notice shall not be
published in the legal notice section of a newspaper. Notice of a hearing shall also be mailed to
the governing body of each political subdivision in which property affected by the regulations
is located. Notice shall be given by mail at least 15 days before each hearing to any persons in
municipalities that own land proposed to be included in safety zone A or B as provided in the
rules of the Department of Transportation and to persons or municipalities that have previously
requested such notice from the authority. For the purpose of giving mailed notice, the authority
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.
A notice shall describe the property affected by the proposed regulations and the restrictions to
be imposed on the property by the regulations and shall state the place and time at which the
proposed regulations are available for public inspection.
    Subd. 2. Regulations submitted to commissioner. Prior to adopting zoning regulations
for an airport hazard area under sections 360.011 to 360.076, the municipality, county, or joint
airport zoning board which is to adopt the regulations shall submit its proposed regulations to the
commissioner in order that the commissioner may determine whether it conforms to the standards
prescribed by the commissioner. The commissioner shall immediately examine the proposed
regulations and report to the municipality, county, or joint airport zoning board the commissioner's
approval, or objections, if any. If objections are made by the commissioner on the ground that
the regulations do not conform to the standards prescribed by the commissioner for the class of
airport involved, the municipality, county, or joint zoning board shall make amendments as are
necessary to meet the objections unless it demonstrates that the social and economic costs of
restricting land uses in accordance with the standards outweigh the benefits of a strict application
of the standards. The governing body of the municipality or county or the joint airport zoning
board shall not adopt the regulations or take other action until the proposed regulations are
approved by the commissioner. The commissioner may approve local zoning ordinances that are
more stringent than the standards. A copy of the regulations as adopted shall be filed with the
county recorder in each county in which the zoned area is located.
Substantive rights existing prior to the passage of this subdivision and previously exercised
are not affected by the filing of the regulations.
    Subd. 3.[Repealed, 2007 c 64 s 3]
History: 1945 c 303 s 28; 1951 c 116 s 5; 1957 c 272 s 1,2; 1976 c 181 s 2; 1978 c 674 s 58;
1979 c 302 s 3; 1983 c 326 s 7; 1986 c 444; 2006 c 261 s 3