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4.120-Day Rule: Preliminary plats <br />A subdivision application must receive preliminary approval or <br />Minn. Stat § 462.358 <br />subd 3b <br />disapproval within 120 days of its delivery, unless the applicant agrees to <br />Minn. Stat § 15.99 <br />an extension. If no action is taken, the application will be deemed <br />Calm Waters, LLC v. <br />approved after this time period. (Note that this 120-day period differs <br />Kanabec County Bd. <br />from the usual 60-Day Rule. By its terms, the60-Day Rule found at <br />of Com'rs, <br />756 <br />N.W.2d 716 <br />Minn. Stat. § 15.99 does not apply to city subdivisions). The city should <br />(Minn.,2008)(applies <br />document all extensions in writing. <br />60-Day Rule tolling <br />only to county review <br />of subdivisions) <br />If the city does not act on an application within 120 days, the applicant <br />may demand a certificate of approval from the city. Following receipt of <br />the certificate, the applicant may request final approval by the city as <br />discussedin section IV-C of this memo. <br />5.Review of preliminary plats bordering trunk <br />highways, county and state roads,or <br />highways <br />a.Trunk highways <br />State law mandates special procedures for when a city receives a preliminary <br />Minn. Stat. § 505.03 <br />subd 2(a) <br />plat application for land that: <br />Abuts an existing or established trunk highwayor state rail property. <br />Abuts a proposed trunk highwayor state rail propertythat has been <br />designated by a centerline order filed with the county clerk. <br />The city must refer these applications to the commissioner ofthe Minnesota <br />Department ofTransportation (MnDOT) for written comments and <br />recommendations. Plats must be submitted to MnDOT at least 30 days prior <br />to the city taking final action on the preliminary plat application. After <br />receiving a plat application for the city, MnDOT has 30 days to respond. The <br />city may not take action on the preliminary plat until comments have been <br />received or 30 days have elapsed. <br />The statute requiring the referral to MnDOT doesnotprovide for tolling of <br />Calm Waters, LLC v. <br />Kanabec County Bd. <br />the 120-Day Rule, while MnDOT considers theapplication. The general <br />of Com'rs, <br />756 <br />tolling provisions of the 60-Day Rule for issuesrelated to zoning do not <br />N.W.2d 716 <br />(Minn.,2008)(applies <br />apply.As a result, the city must complete its review of the preliminary <br />60-Day Rule tolling <br />application, including any MnDOT review, within 120 days, unless an <br />only to county review <br />extension is agreed to by the applicant. <br />of subdivisions) <br />Minn. Stat. 15.99 <br />subd 2 (a) <br />20LMC <br />EAGUE OF INNESOTA ITIES <br /> <br />