SF1767 (Legislative Session 94 (2025-2026))

Home-based businesses in residential dwellings permission

Related bill: HF1525

AI Generated Summary

This bill, titled "The Homebased Business Fairness Act," proposes new legislation under Minnesota Statutes Chapter 462 to regulate home-based businesses in residential areas.

Key Provisions:

  1. Definitions:

    • Home-based business: A business that manufactures, provides, or sells goods or services and is operated by the owner or tenant of a residential dwelling.
    • No-impact home-based business: A business that does not exceed the municipal occupancy limit, does not generate significant traffic or on-street parking, and is not visible from the street.
  2. Permitted Use of Residential Dwellings for Home-based Businesses:

    • Home-based businesses are generally permitted by right within residential dwellings.
    • However, this law does not override private covenants, deed restrictions, or homeowners' association rules.
  3. Municipal Regulations & Limitations:

    • Municipalities cannot require permits, licenses, variances, or approvals for no-impact home-based businesses.
    • Municipalities may impose reasonable regulations only for:
      • Health & safety (e.g., fire codes, transportation, pollution, noise).
      • Ensuring the business is compatible with residential uses.
      • Compliance with state & federal laws (including taxes).
      • Prohibiting illegal or adult-oriented activities (e.g., drug sales, liquor, adult entertainment).
    • Municipalities cannot require a home-based business to:
      • Rezone the property for commercial use.
      • Install fire sprinklers in a single-family home or duplex.
  4. Judicial Review:

    • If a municipality enacts regulations, it must prove by clear and convincing evidence that the regulations comply with this law.

Summary:

The bill seeks to protect the rights of individuals to operate businesses from their homes while limiting municipal restrictions. It ensures that no-impact businesses can operate without government interference while allowing cities to regulate businesses that could negatively affect residential communities.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 23, 2025SenateFloorActionIntroduction and first reading
February 23, 2025SenateFloorActionReferred toState and Local Government