Support the Timberjay by making a donation.

Serving Northern St. Louis County, Minnesota

Bill would limit local zoning powers

Marshall Helmberger
Posted 5/7/11

A Senate committee at the State Capitol has advanced a Republican-sponsored measure that would sharply limit the ability of cities, counties and townships from enacting interim ordinances, like the …

This item is available in full to subscribers.

Please log in to continue

Log in

Bill would limit local zoning powers

Posted

A Senate committee at the State Capitol has advanced a Republican-sponsored measure that would sharply limit the ability of cities, counties and townships from enacting interim ordinances, like the one recently instituted in Field Township, in an effort to slow or modify controversial development.

The Senate Local Government and Election Committee voted along party lines late last week to move the legislation, known as Senate File 270, to a vote of the full Senate. The provision would eliminate the ability of local units of government from halting construction of any project through the use of an interim ordinance, once the proposed developer has applied for permits.

The state’s builders association and the chamber of commerce are backing the measure in hopes of weakening local controls over development. Supporters testified for the measure last week, citing stories of construction projects held up through the imposition of interim ordinances by local governments.

But local officials have pushed back, and testified last week that by prohibiting enactment of an interim ordinance once permit applications are filed, the measure would virtually eliminate the ability of local officials to react to major development projects. “All too often the township and neighbors do not get any information about a project until AFTER the permit has been applied for,” noted township officials in a letter sent statewide last month. “When that happens, an interim ordinance may be needed to freeze the status quo and create time for the township to assess the situation,” stated the letter, put out by the Land Stewardship Project.

Bobby King, a lobbyist with the Land Stewardship Project, said he now expects the Legislature will pass the bill, sending it on to Gov. Mark Dayton. And that’s where opponents now hope to stop it. “When Dayton was running for governor, he was very clear that he would veto legislation that weakened local control,” said King. “This clearly and fundamentally weakens local control.”

Whether or not the measure ultimately becomes law, it likely won’t affect the validity of the ordinance enacted by Field Township, which was undertaken under existing law. “It won’t affect us,” said Field Board Chair Keith Aho. “But that doesn’t mean it might not come up in court,” he said.

Field Township