Agenda - Council - 06/02/2011 - Special Joint with Planning Commission

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o 0 LEAGUE OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 RISK MANAGEMENT INFORMATION THE "60 DAY RULE" - MINN. STAT. SEC. 15.99 MINNESOTA'S AUTOMATIC APPROVAL STATUTE Minnesota statutes require municipalities to approve or deny written requests related to zoning within 60 days. Failure to do so results in automatic approval of the request. This memo reviews the rules, exceptions, and elements of law. During 1995, Minnesota joined about two dozen states in adopting an "automatic approval" statute, Minn. Stat. Sec. 15.99. That statute provides that a municipality must approve or deny a written request relating to zoning within 60 days or it is deemed approved. According to the Minnesota Court of Appeals, "the underlying purpose of Minn. Stat. Sec. 15.99 is to keep governmental agencies from taking too long in deciding land use issues ..." Manco of Fairmont, Inc. v. Town Board of Rock Dell Township, 583 N.W.2d 293, 296 (Minn. Ct. App. 1998). Courts have generally demanded strict compliance with the requirements of the law. Accordingly, the law has resulted in numerous lawsuits against local governments. This memo reviews the basic requirement of the law and discusses some of the more have made in applying it. Highlight Minn. Stat. Sec. 15.99, subd. 2. provides that a municipality must approve or deny a written request relating to zoning within 60 days or it is deemed approved. common mistakes cities General Rule The general rule states that the "Failure of [a municipality] to deny a request within 60 days is approval of the request." The statute also requires that "a [municipality's] response meets the 60- day time limit if the [municipality] can document that the response was sent within 60 days of receipt of the written request." Minn Stat. Sec. 15.99, subd. 3(c). Statutory Exceptions • The 60 -day time period does not begin to run if the city notifies the landowner in writing within 15 business days that the application is incomplete. The city must also state what information is missing. (The 2003 Legislature increased the period from 10 to 15 days.) • The city may extend the initial 60 -day period by another 60 days (up to a total of 120 days), if, before the end of the initial 60 -day period, it notifies the landowner in writing of its intent to take additional time to consider the application, reasons for the extension, and anticipated length of the extension. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 UNIVERSITY AVE. WEST PHONE (651) 281 - 1200 FAX: (651) 281 - 129S ST. PAUL. MN 55103 -2044 TOLL FREE: (800) 925 -1122 WEB: WWW.LMC.ORG