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S.F. No. 3886 - Limiting Municipal Planning and Zoning Controls
Author: Senator Rich Draheim
Prepared By: Joan White, Senate Counsel (651/296-3814)
Date: March 16, 2020


Sections 1 and 2 (15.99, subds. 1 and 2) amend the 60-day rule, which means under current law, agencies generally have only 60 days to approve or deny a written application related to zoning and other issues listed in statute. These sections expand the 60-day rule to include an application for a building permit.  If an agency does not approve or deny the permit, or request additional information within 15 days of the request, it is deemed approved.

Sections 3 and 6 (394.307, subd. 9; 462.3593, subd. 9) prohibit counties and municipalities, respectively, from opting out of the requirements related to temporary family health care dwellings.  These are effective retroactive to September 1, 2016, which the date for which these provisions became effective is.

Section 4 (462.352, subd. 5) amends the comprehensive municipal plan, by adding a new paragraph encouraging municipalities to enact public policy to facilitate the development of unsubsidized affordable housing.

Section 5 (462.3575) is a new section of law that limits regulations on residential development.

Subdivision 1 provides that these restrictions are applicable to zoning ordinances, subdivision regulations, and conditional use permits.

Subdivision 2 relate to planned unit developments (PUD).

Paragraph (a) prohibits a municipality from requiring a planned unit development agreement in lieu of a proposed residential development if the proposed residential development complies with existing ordinances.

Paragraph (b) prohibits a municipality from requiring a PUD agreement conditions that exceed requirements in the State Building Code.

Paragraph (c) requires a PUD agreement to be make available to the public at least seven days prior to the governing body’s review to the agreement.

Subdivision 3 prohibits a municipality from conditioning approval of a building permit, subdivision development, or planned unit development on the use of specific materials, design or other aesthetic conditions not required by the State Building Code.

Subdivision 4 prohibits a municipality from requiring more than one garage for a single-family dwelling.

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