2009 Minnesota Statutes

394.33 COUNTY PREVAILS OVER TOWN UNLESS TOWN MORE RESTRICTIVE.

Subdivision 1.Not inconsistent.

The governing body of any town including any town with the powers of a statutory city pursuant to law may continue to exercise the authority to plan and zone as provided by law, but after the adoption of official controls for a county or portion thereof by the board of county commissioners no town shall enact or enforce official controls inconsistent with or less restrictive than the standards prescribed in the official controls adopted by the board. Nothing in this section shall limit any town's power to adopt official controls, including shoreland regulations which are more restrictive than provided in the controls adopted by the county. Upon the adoption or amendment of any official controls the governing body of the town shall record a certified copy thereof with the county recorder or registrar of titles. A certified copy of any official controls of any town which are in effect on August 1, 1974, shall also be filed by the governing body of the town with the county recorder or registrar of titles for record within one year from August 1, 1974.

Subd. 2.Like municipality.

The board of supervisors of any town which has adopted or desires to adopt zoning regulations and restrictions pursuant to law shall have the authority granted the governing body of any municipality as provided in section 394.32.

History:

1959 c 559 s 13; 1963 c 692 s 7; 1965 c 678 s 1; 1974 c 571 s 39; 1976 c 181 s 2; 1995 c 254 art 3 s 4; 2005 c 4 s 99