1.1 	A bill for an act
1.2 	relating to local government; modifying municipal and county planning and 
1.3 	zoning provisions; providing standards for interim ordinances;amending 
1.4 	Minnesota Statutes 2004, section 394.34; Minnesota Statutes 2005 Supplement, 
1.5 	section 462.355, subdivision 4.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 394.34, is amended to read:
1.8 	394.34 INTERIM ZONING.
1.9 	(a) If a county is conducting, or in good faith intends to conduct studies within a 
1.10 	reasonable time, or has held or is holding a hearing for the purpose of considering a 
1.11 	comprehensive plan or official controls or an amendment, extension, or addition to either, 
1.12 	or in the event new territory for which no zoning may have been adopted, may be annexed 
1.13 	to a municipality, the board, after public notice and hearing, in order to protect the public 
1.14 	health, safety, and general welfare may adopt by a four-fifths vote of all of its members 
1.15 	as an emergency measure, a temporary interim zoning map or temporary interim zoning 
1.16 	ordinance, the purpose of which shall be to classify and regulate uses and related matters 
1.17 	as constitutes the emergency. Such interim resolution shall be limited to one year from the 
1.18 	date it becomes effective ~~and to one year to renewal thereafter~~.
1.19 	(b) An interim resolution may not halt, delay, or impede consideration of a use, 
1.20 	development, or subdivision for which a complete application is pending before the 
1.21 	county. The completeness of an application is determined by county ordinance. An 
1.22 	application deemed incomplete must be returned to the applicant with an explanation 
1.23 	detailing the incomplete portions.

2.1 	Sec. 2. Minnesota Statutes 2005 Supplement, section 462.355, subdivision 4, is 
2.2 	amended to read:
2.3 		Subd. 4.Interim ordinance. (a) If a municipality is conducting studies or has 
2.4 	authorized a study to be conducted or has held or has scheduled a hearing for the purpose 
2.5 	of considering adoption or amendment of a comprehensive plan or official controls as 
2.6 	defined in section 462.352, subdivision 15, or if new territory for which plans or controls 
2.7 	have not been adopted is annexed to a municipality, the governing body of the municipality 
2.8 	may adopt by a four-fifths vote of all its members an interim ordinance applicable to all 
2.9 	~~or part~~ of its jurisdiction for the purpose of protecting the planning process and the health, 
2.10 	safety and welfare of its citizens. The interim ordinance may regulate, restrict, or prohibit 
2.11 	any use, development, or subdivision within the jurisdiction or a portion thereof for a 
2.12 	period not to exceed one year from the date it is effective.
2.13 	(b) An interim ordinance may not halt, delay, or impede consideration of a 
2.14 	use, development, or subdivision for which a complete application is pending before 
2.15 	the municipality. The completeness of an application is determined by meeting the 
2.16 	requirements set forth in the municipal ordinance. An application deemed incomplete 
2.17 	must be returned to the applicant with an explanation detailing the incomplete portions 
2.18 	and providing an opportunity to correct the deficiency.
2.19 	~~(b)~~ (c) If a proposed interim ordinance purports to regulate, restrict, or prohibit 
2.20 	activities relating to livestock production, a public hearing must be held following 
2.21 	a ten-day notice given by publication in a newspaper of general circulation in the 
2.22 	municipality before the interim ordinance takes effect.
2.23 	~~(c)~~ (d) The period of an interim ordinance applicable to an area that is affected by 
2.24 	a city's master plan for a municipal airport may be extended for such additional periods 
2.25 	as the municipality may deem appropriate, not exceeding a total additional period of 18 
2.26 	months. In all other cases, no interim ordinance may halt, delay, or impede a subdivision 
2.27 	that has been given preliminary approval, nor may any interim ordinance extend the 
2.28 	time deadline for agency action set forth in section 15.99 with respect to any application 
2.29 	filed prior to the effective date of the interim ordinance. The governing body of the 
2.30 	municipality may extend the interim ordinance after a public hearing and written findings 
2.31 	have been adopted based upon one or more of the conditions in clause (1), (2), or (3). 
2.32 	The public hearing must be held at least 15 days but not more than 30 days before the 
2.33 	expiration of the interim ordinance, and notice of the hearing must be published at least 
2.34 	ten days before the hearing. The interim ordinance may be extended for the following 
2.35 	conditions and durations, but, except as provided in clause (3), an interim ordinance may 
2.36 	not be extended more than an additional 18 months:
3.1 	(1) up to an additional 120 days following the receipt of the final approval or review 
3.2 	by a federal, state, or metropolitan agency when the approval is required by law and the 
3.3 	review or approval has not been completed and received by the municipality at least 30 
3.4 	days before the expiration of the interim ordinance;
3.5 	(2) up to an additional 120 days following the completion of any other process 
3.6 	required by a state statute, federal law, or court order, when the process is not completed at 
3.7 	least 30 days before the expiration of the interim ordinance; or
3.8 	(3) up to an additional one year if the municipality has not adopted a comprehensive 
3.9 	plan under this section at the time the interim ordinance is enacted.