Cities need to provide notice and receive public input for residential housing development-related interim ordinances.
(Published Jul 31, 2017)
Cities now need to provide a public hearing and notice to certain individuals before acting on interim ordinances (also known as moratoriums) related to “housing proposals.” The new law (Chapter 94, article 11, section 3, which amends Minnesota Statutes, section 462.355, subdivision 4) contains new requirements for interim ordinances that regulate, restrict, or prohibit housing proposals.
Definition of housing proposals
The new law explicitly defines “housing proposals” as written requests for projects primarily intended to provide residential dwellings and involve either (1) the subdivision or development of land, or (2) the demolition, construction, reconstruction, alteration, repair, or occupancy of residential dwellings.
Notice needs to provided at least three days before the public hearing in a particular manner and to certain people:
While previous versions of this bill included a two-thirds supermajority voting requirement, the new law only requires approval of the interim ordinance by a majority of all city councilmembers.
Requirements for builders
The new law requires that any activities that would be restricted by this type of interim ordinance cannot be undertaken before the public hearing.
The new law only applies to interim ordinances proposed on or after Aug. 1, 2017.
Given that some version of this bill was introduced multiple times over the years, and the League knew it likely would pass this year, the League worked with the proponents and was neutral on the bill. Gov. Dayton initially vetoed the proposal as a standalone bill because it contained a two-thirds supermajority voting requirement, but said he would reconsider it if a later bill would require only a majority vote.
The proponents changed the voting requirement and included this bill in the omnibus jobs bill, which the governor signed into law.
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