We have reached the end of the 2010 MN state legislative session. Here is a "hit list" of new laws that may require changes to local city codes.
This entry is meant to complement the LMC Intergovernmental Relations Department’s 2010 Law Summaries available on the League of MN Cities website at http://www.lmc.org/page/1/currentlaw-summaries.jsp.
I have summarized the law change briefly and listed the page number in the 2010 Law Summaries to consult for more detail.
1. BUILDING CODES, NUISANCES AND LAND USE
Property Maintenance/Nuisance Structure Ordinances. Minn. Stat. § 326B.121 amended to affirm city authority to adopt local ordinances requiring structures to be maintained in a safe and sanitary condition or in good repair. Local ordinance may establish timelines for completion of exterior work on a structure, so long as the regulation does not require completion of exterior work earlier than 180 days following the issuance of the permit. This statute addresses city concerns after City of Morris v. Sax Investments, Inc., 749 N.W.2d 1 (Minn.,2008) and Wessman v. Mankato, No. A08-0273. (Minn. App.2008). (See page 4 of the 2010 Law Summaries for more information).
Sign Ordinances. Minn. Stat. § 211B.045 amended. City must permit all noncommercial signs of any size to be posted in any number from 46 days before the state primary in a state general election year until ten days following the state general election. Previously this statute allowed the postings beginning August 1. (See MN Laws 2010 Chapter 184 Section 42 at this link: https://www.revisor.mn.gov/laws/?year=2010&type=0&keyword_type=all&keyword=211B.045&doctype=Chapter&id=184).
Shoreland Ordinances. Minn. Stat. § 103F.351, subdivision 4, is amended permit the MN DNR to engage in rulemaking to set conditional use permit standards for zoning and land use ordinances for lands protected by the federal Wild and Scenic Rivers Act, and the federal Lower St. Croix River Act of 1972. These rules will pre-empt local requirements. (See page 39 of the 2010 Law Summaries for more information).
2. CITY ADMINISTRATION
City Administration Ordinances/City Charters. Minn. Stat. § 410.191 and § 412.02 were amended to prohibit the mayor or city council members from being employed by the city in a permanent full-time position. The city does not need to adopt an ordinance to effectuate this provision, but conflicting ordinance or charter provisions may need to be repealed. (See page 23 of the 2010 Law Summaries for more information).
3. LICENSING
Liquor Licensing & Regulation Ordinances.
Minn. Stat. § 340A.409 Subd. 1 amended to raise minimum insurance requirements for retail liquor licenses.
Minn. Stat. § 340A.409 Subd. 4 amended to exempt wholesalers who donate wine to an organization for a wine tasting conducted under section Minn. Stat. § 340A.418 or Minn. Stat. § 340A.419 from the minimum insurance requirements.
Minn. Stat. § 340A.419 amended to allow the tasting of malt liquor and other spirits at wine tastings.
(See page 42 of the 2010 Law Summaries for more information).
Tobacco Licensing & Regulation Ordinances. Minn. Stat. § 297F.01, Minn. Stat. § 325F.77, Minn. Stat. § 461.12, Minn. Stat. § 461.18, Minn. Stat. § 609.685 amended to allow city ordinance to regulate tobacco related products (including new devices for snorting, sniffing and inhaling) along the same lines as traditional smoking tobacco. Minn. Stat. § 609.6855 was created to read to criminalize selling/providing tobacco related products and the sale of nicotine delivery products to minors. (See page 34 of the 2010 Law Summaries for more information).
Tattoo, Body Piercing & Body Art Ordinances. New law Minn. Stat. § 146B was created to regulate body art establishments (including piercing, branding, scarification and tattooing). City ordinance may regulate these establishments, provided that their requirements are as strict as the state requirements. Individuals working at the facility must obtain a state professional license. (See page 34 of the 2010 Law Summaries for more information).
4. UTILITIES
Sewer/Water Ordinances. Minn. Stat. § 326B.43 amended to permit the State Plumbing Board engage in rulemaking to set minimum statewide standards for all new plumbing installations performed anywhere in the state. These rules will pre-empt local requirements for installations. (See page 4 of the 2010 Law Summaries for more information).
Air Conditioning Standards. Minn. Stat. § 326B.52 & § 326B.53 amended to permit the State Plumbing Board to engage in rulemaking to set minimum statewide standards for all new water conditioning servicing and water conditioning installations, including additions, extensions, alterations, and replacement. These rules will pre-empt local requirements for installations. (See page 4 of the 2010 Law Summaries for more information).
5. VEHICLES AND STREETS
Abandoned & Junk Vehicles/Impoundment Ordinances.
Minn. Stat. § 168B.06 was amended to exclude weekend and legal holiday days from the time period for giving written notice of a vehicle being impounded. (See page 71 of the 2010 Law Summaries for more information).
Minn. Stat. § 168B.06 was amended remove this language “or has a household income at or below 50 percent of state median income” from the provisions allowing certain low-income persons to retrieve belongings from impounded cars. The same language was removed from the notice of impound provisions. (See page 71 of the 2010 Law Summaries for more information).
Minn. Stat. § 169.041 was amended to clarify authority to tow vehicles in numerous situations, including where a vehicle blocks signage, driveways, hydrants and alleys. (See page 73 of the 2010 Law Summaries for more information).
New State Traffic Offenses.
Minn. Stat § 169.15 was amended to designate “gridlocking” as a state traffic offense. Local ordinance on this subject is pre-empted. (See page 73 of the 2010 Law Summaries for more information).
Minn. Stat. § 169.26 was amended to designate pedestrian entrance into railroad crossings when the bars are down or when a signal is audible as a state traffic offense. Local ordinance on this subject is pre-empted. (See page 73 of the 2010 Law Summaries for more information).
All-Terrain Vehicles. Minn. Stat. § 84.92, Subd 9 & 10 changed the definitions related to weights for Class 1 and 2 all-terrain vehicles (ATV). Local ordinances may have utilized the previous definitions and need to reviewed. (See MN Laws 2010 Chapter 361 Section 15 & 16 at this link: https://www.revisor.mn.gov/laws/?year=2010&type=0&keyword_type=all&keyword=84.92&doctype=Chapter&id=361).
Street Regulation Ordinances/Heavy Vehicle Permits. Minn. Stat. § 169.801 - 169.87 were modified related to heavy vehicles. If the city regulates vehicle weights on its streets or issues permits for heavy vehicles pursuant to city ordinance, these provisions should be reviewed. (See page 74 of the 2010 Law Summaries for more information).
CONCLUSION
State law changes can often require a concurrent local change to city ordinance. In fact, a busy legislative year can poke numerous holes in an otherwise sound local code. Out of date codes can create unwanted liability for a city or may render needed provisions unenforceable. On a more positive note, sometimes legislative changes grant new powers and authority to cities—also requiring changes to local ordinance.
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