Purpose

This bill changes how Minnesota cities and towns can use interim rules to influence land use, housing, and planning while they study or update plans. It creates specific procedures, exemptions, and time limits for interim ordinances designed to protect the planning process and public health, safety, and welfare. It also clarifies when and how these interim rules can be extended.

Main Provisions

• Interim ordinance authority

  • A city may adopt an interim ordinance if it is studying its comprehensive plan, official controls, or if new territory is annexed. The ordinance can regulate, restrict, or prohibit uses, developments, or subdivisions within all or part of the city for up to one year.
  • A separate rule applies to livestock production: if the interim ordinance regulates livestock activities, the city must hold a public hearing after ten days’ notice before it takes effect.

• Housing proposals and exemptions

  • In statutory or home rule charter cities, an interim ordinance that regulates housing proposals can only pass if a majority of all city council members vote in favor.
  • A housing proposal that is consistent with the comprehensive plan at submission is exempt from the interim ordinance’s restrictions.

• Public notice and hearings

  • Before adopting the interim ordinance, the city must hold a public hearing and give written notice to anyone who has a housing proposal, a pending housing proposal, or has asked to be notified about housing-related interim ordinances. Notice must be given at least three business days before the hearing and posted on the city’s official website (if the city has one).

• Hearing timing and activity restrictions

  • The hearing date is the earlier of the next regular city council meeting after the notice period or within ten days of the notice.
  • Activities covered by the proposed interim ordinance may not be undertaken before the public hearing.

• Housing proposal definition

  • A housing proposal means a written city approval request for a project primarily providing residential dwellings (single-family or multifamily) and involves land subdivision, development, demolition, construction, reconstruction, alteration, repair, or occupancy of residential dwellings.

• Airport master plan area extension

  • If an area affected by a city’s master plan for a municipal airport is subject to the interim ordinance, the period can be extended, but not beyond 18 total months.

• Subdivisions and agency deadlines

  • In most cases, an interim ordinance cannot halt or delay a subdivision that has preliminary approval, nor can it extend deadlines for agency action on applications filed before the ordinance’s effective date.

• Extensions and extension rules

  • The city can extend the interim ordinance after a public hearing and written findings, based on specific conditions, and with notice requirements: 1) Up to 120 days after final approval or review by a federal, state, or metropolitan agency if needed but not completed by expiration. 2) Up to 120 days after completion of other processes required by law or court order if not finished by expiration. 3) Up to one additional year if the municipality has not adopted a comprehensive plan at the time the interim ordinance is enacted.
  • The public hearing for any extension must be 15 to 30 days before expiration, and notice must be published at least ten days before the hearing.
  • Extensions are not allowed beyond these limits unless otherwise provided.

Significant Changes to Existing Law

• Establishes a formal framework for interim ordinances specifically tied to housing proposals, comprehensive planning, and official controls.
• Adds a mandatory public hearing and notice process for interim ordinances affecting housing proposals.
• Requires a majority city council vote in statutory or home rule charter cities for ordinances that regulate housing proposals.
• Creates an exemption for housing proposals that align with the comprehensive plan as of submission.
• Introduces explicit extension options and deadlines for interim ordinances, including separate rules for airport-related areas and for other state/federal/court-ordered processes.
• Limits impacts on already-approved subdivisions and on timing deadlines for applications filed before the interim ordinance.

Definitions and Scope

• Interim ordinance: Temporary rules enacted by a city to regulate, restrict, or prohibit uses or development while planning studies or annexations occur.
• Housing proposal: A written request for city approval of residential projects involving land development or redevelopment.
• Comprehensive plan: The city’s long-term planning document guiding land use and development.
• Official controls: Zoning and other regulatory measures linked to land use.
• Livestock production: Agricultural activities involving livestock (subject to a required public hearing before the interim ordinance takes effect).
• Master plan for a municipal airport: A city plan guiding airport-related land use and development.

Practical Implications

• Local governments gain a structured tool to pause or shape development during planning efforts, with clear time limits and public notice requirements.
• Housing developers must be aware of exemptions if their proposals align with the comprehensive plan; otherwise, housing proposals may be affected by interim rules unless exempt.
• Public participation is enhanced through mandatory hearings and notice requirements, including online posting.

Relevant Terms interim ordinance; housing proposal; comprehensive plan; official controls; livestock production; public hearing; ten-day notice; written notice; city council; statutory city; home rule charter city; annexed territory; development; subdivision; residential dwellings; master plan; municipal airport; extension; deadlines; preliminary approval; agency action; processing time.