Subdivision 1. Applicability. This section applies statewide and preempts local ordinances that are inconsistent with its terms. A county or municipality may by ordinance impose upon resorts reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, safety, and environment.
Subd. 2. Resort defined. For purposes of this section, "resort" means a shoreland commercial establishment, existing on or before August 1, 2007, that includes buildings, lodges, structures, dwelling units, camping or recreational vehicle sites, or enclosures, or any part thereof kept, used, maintained, or advertised as or held out to the public to be a place where sleeping accommodations are furnished to the public, primarily to persons seeking recreation, for periods of one day or longer, and having for rent three or more cabins, rooms, campsites, or enclosures. A shoreland commercial establishment must be primarily service oriented for transient lodging of guests. All cabins, rooms, dwelling units, camping or recreational vehicle sites, or enclosures must be included in the resort rental business. Resorts must not allow residential use of a dwelling unit or site, except dwellings used as residences for the service providers. To qualify as a resort under this section, a resort must be fully licensed and permitted under appropriate state and local regulations. The entire parcel of land must be controlled and managed by the licensee.
Subd. 3. Maintenance and replacement. (a) So long as the establishment continues to operate as a resort, a county or municipality must allow a resort owner to:
(1) maintain structures, including the replacement of aging or outdated components or systems of the structure, while not increasing the structure's footprint on the land; and
(2) replace structures damaged or lost to fire or natural disaster.
(b) Paragraph (a), clause (2), applies only when an application for a building permit is made within 180 days of the damage or loss.
Subd. 4. Expansion. A county or municipality must allow a resort owner to increase a structure footprint to minimally meet federal, state, or local dwelling standards or codes. To "minimally meet" the standards or codes means that the replacement structure does not add new architectural elements, such as more bedrooms, that did not exist in the original structure. Structural expansion under this subdivision must not result in a structure that is any larger than required to meet standards or codes or a structure or any portion that is any closer to the shoreline than prior to the expansion.
Subd. 5. Change in ownership. A change in ownership of a resort shall not be construed as a conversion to a different use so long as the new owner continues to use the property as a resort.
2007 c 92 s 2
Structure Minnesota Statutes
Chapter 103F — Protection Of Water Resources
Section 103F.001 — Citation; Water Law.
Section 103F.05 — Water Quality And Storage Program.
Section 103F.105 — Floodplain Management Policy.
Section 103F.111 — Definitions.
Section 103F.115 — Priority For Reducing Flood Damage.
Section 103F.121 — Floodplain Management Ordinances.
Section 103F.125 — Considering Industrial Uses In Floodplain.
Section 103F.135 — Commissioner's Assistance And Inspections.
Section 103F.145 — Enforcement And Penalties.
Section 103F.151 — Flood-prone Area Inventory And Assessment.
Section 103F.161 — Flood Hazard Mitigation Grants.
Section 103F.165 — Flood Insurance.
Section 103F.171 — Southern Minnesota Rivers Basin Area Ii Boundaries.
Section 103F.175 — Aid Formula.
Section 103F.177 — Operation Within Agency.
Section 103F.179 — Selecting Projects.
Section 103F.181 — Conditions For Grants.
Section 103F.183 — Approved Projects.
Section 103F.185 — Interstate Cooperation.
Section 103F.187 — Report To Legislature.
Section 103F.201 — Regulatory Purpose Of Shoreland Development.
Section 103F.205 — Definitions.
Section 103F.211 — Model Standards And Criteria.
Section 103F.215 — Model Ordinance As County Ordinance.
Section 103F.221 — Municipal Shoreland Management.
Section 103F.227 — Shoreland Development; Existing Resorts.
Section 103F.305 — Scenic River Protection Policy.
Section 103F.311 — Definitions.
Section 103F.315 — Wild And Scenic Rivers System.
Section 103F.321 — Administration And Rules.
Section 103F.325 — Designation Procedure.
Section 103F.331 — Acquiring And Developing System.
Section 103F.335 — Local Government Compliance.
Section 103F.341 — Federal-state Relations.
Section 103F.345 — Conflict With Other Laws.
Section 103F.35 — Welch; Goodhue County.
Section 103F.351 — Lower St. Croix Wild And Scenic River Act.
Section 103F.361 — Findings And Intent.
Section 103F.363 — Applicability.
Section 103F.365 — Definitions.
Section 103F.367 — Mississippi Headwaters Board.
Section 103F.369 — Plan Implementation.
Section 103F.371 — Responsibilities Of Other Governmental Units.
Section 103F.373 — Reviewing And Certifying Land Use Actions.
Section 103F.375 — Incorporation And Annexation; Moratorium.
Section 103F.377 — Biennial Report.
Section 103F.401 — Definitions.
Section 103F.405 — Soil Loss Ordinances.
Section 103F.411 — Model Ordinance.
Section 103F.415 — Excessive Soil Loss Prohibited.
Section 103F.421 — Enforcement.
Section 103F.425 — District Court Hearing.
Section 103F.431 — Soil And Water Conservation Assistance.
Section 103F.435 — Attorney And Local Government May Perform Duty Of County.
Section 103F.441 — Erosion Control Plan For Development Activities.
Section 103F.445 — Cost-sharing Funds.
Section 103F.48 — Riparian Protection And Water Quality Practices.
Section 103F.501 — Short Title.
Section 103F.505 — Purpose And Policy.
Section 103F.511 — Definitions.
Section 103F.515 — Reinvest In Minnesota Reserve Program.
Section 103F.516 — Permanent Wetlands Preserve.
Section 103F.518 — Reinvest In Minnesota Clean Energy Program.
Section 103F.521 — Cooperation.
Section 103F.525 — Supplemental Payments On Federal And State Conservation Programs.
Section 103F.526 — Food Plots.
Section 103F.531 — Rulemaking.
Section 103F.535 — Reservation Of Marginal Land And Wetlands.
Section 103F.601 — Water Bank Program.
Section 103F.612 — Wetland Preservation Areas.
Section 103F.613 — Duration Of Wetland Preservation Area.
Section 103F.614 — Eminent Domain Actions.
Section 103F.615 — Limitation On Certain Public Projects.
Section 103F.616 — Soil Conservation Practices.
Section 103F.711 — Definitions.
Section 103F.715 — Clean Water Partnership Program Established.
Section 103F.725 — Financial And Technical Assistance.
Section 103F.731 — Eligibility For Assistance.
Section 103F.735 — Agency Review Of Proposals.
Section 103F.741 — Project Implementation.
Section 103F.751 — Nonpoint Source Pollution; Management Plan.
Section 103F.755 — Availability Of Data; Standards.
Section 103F.801 — County Lake Improvement Program.
Section 103F.805 — State Aid For Lake Improvements.
Section 103F.806 — [No local approval filed, 1992 c 536 s 1]
Section 103F.807 — [No local approval filed, 1992 c 536 s 2]
Section 103F.808 — [No local approval filed, 1992 c 536 s 3]
Section 103F.809 — [No local approval filed, 1992 c 536 s 4]
Section 103F.810 — [No local approval filed, 1992 c 536 s 5]
Section 103F.811 — [No local approval filed, 1992 c 536 s 6]
Section 103F.901 — Definitions.
Section 103F.902 — Local Planning And Approval.
Section 103F.903 — Wetland Establishment And Restoration Cost-share Program.