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William K. Goodrich <br />Page 8 <br /> <br /> RECE(VED <br />D E g 2 ? <br /> <br /> ............ <br /> <br />(1988), the Commissioner of Transportation's airport zoning <br /> <br />authority, which precludes the Commissioner of Transportation <br /> <br />from adopting airport zoning regulations, notwithstanding an <br /> <br />earlier referendum in the city which denied the adoption of an <br /> <br />airport zoning ordinance. The ultimate decision about the <br />adoption of zoning regulations pursuant to Minn. Stat. § 360.063, <br /> <br />subd. 6 (1988), however, lies solely in the Commissioner of <br /> <br />Transportation's discretion. <br /> <br /> Minn. Stat. § 360.063, subd. 6 (1988) provides that <br />where a municipality or county fails to adopt zoning regulations <br /> <br />for an area where an airport hazard is located, the Commissioner <br /> <br />of Transportation may, if within his discretion it is deemed <br /> <br />necessary for the protection of the public, adopt zoning <br /> <br />regulations for that municipality. That statute provides in <br /> <br />relevant part: <br /> <br />If a municipality, county, or joint airport <br />zoning board fails to adopt within a <br />reasonable time airport zoning regulations in <br />accordance with the provisions of <br />sections 360.011 to 360.076, or adopts <br />regulations or amendments which do not conform <br />to the standard'prescribed by the <br />commissioner, the commissioner may, for the <br />protection of the public safety, adopt or <br />supplement and from time to time as may be <br />necessary amend, supplement, or repeal the <br />regulations for the municipality or county <br />until airport zoning rules provided for in <br />sections 360.011 to 360.076, are adopted by <br />the municipality, county, or joint airport <br />zoning board. <br /> <br /> <br />