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:
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.
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.
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.
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
- Introduction PDF file
Actions
Date | Chamber | Where | Type | Name | Committee Name |
---|---|---|---|---|---|
February 23, 2025 | Senate | Floor | Action | Introduction and first reading | |
February 23, 2025 | Senate | Floor | Action | Referred to | State and Local Government |