Subdivision 1. Definitions. (a) For purposes of this section, the following terms shall have the meanings given.
(b) "Agency" means a department, agency, board, commission, or other group in the executive branch of state government; a statutory or home rule charter city, county, town, or school district; any metropolitan agency or regional entity; and any other political subdivision of the state.
(c) "Request" means a written application related to zoning, septic systems, watershed district review, soil and water conservation district review, or the expansion of the metropolitan urban service area, for a permit, license, or other governmental approval of an action. A request must be submitted in writing to the agency on an application form provided by the agency, if one exists. The agency may reject as incomplete a request not on a form of the agency if the request does not include information required by the agency. A request not on a form of the agency must clearly identify on the first page the specific permit, license, or other governmental approval being sought. No request shall be deemed made if not in compliance with this paragraph.
(d) "Applicant" means a person submitting a request under this section. An applicant may designate a person to act on the applicant's behalf regarding a request under this section and any action taken by or notice given to the applicant's designee related to the request shall be deemed taken by or given to the applicant.
Subd. 2. Deadline for response. (a) Except as otherwise provided in this section, section 462.358, subdivision 3b, or 473.175, or chapter 505, and notwithstanding any other law to the contrary, an agency must approve or deny within 60 days a written request relating to zoning, septic systems, watershed district review, soil and water conservation district review, or expansion of the metropolitan urban service area for a permit, license, or other governmental approval of an action. Failure of an agency to deny a request within 60 days is approval of the request. If an agency denies the request, it must state in writing the reasons for the denial at the time that it denies the request.
(b) When a vote on a resolution or properly made motion to approve a request fails for any reason, the failure shall constitute a denial of the request provided that those voting against the motion state on the record the reasons why they oppose the request. A denial of a request because of a failure to approve a resolution or motion does not preclude an immediate submission of a same or similar request.
(c) Except as provided in paragraph (b), if an agency, other than a multimember governing body, denies the request, it must state in writing the reasons for the denial at the time that it denies the request. If a multimember governing body denies a request, it must state the reasons for denial on the record and provide the applicant in writing a statement of the reasons for the denial. If the written statement is not adopted at the same time as the denial, it must be adopted at the next meeting following the denial of the request but before the expiration of the time allowed for making a decision under this section. The written statement must be consistent with the reasons stated in the record at the time of the denial. The written statement must be provided to the applicant upon adoption.
Subd. 3. Application; extensions. (a) The time limit in subdivision 2 begins upon the agency's receipt of a written request containing all information required by law or by a previously adopted rule, ordinance, or policy of the agency, including the applicable application fee. If an agency receives a written request that does not contain all required information, the 60-day limit starts over only if the agency sends written notice within 15 business days of receipt of the request telling the requester what information is missing.
(b) If a request relating to zoning, septic systems, watershed district review, soil and water conservation district review, or expansion of the metropolitan urban service area requires the approval of more than one state agency in the executive branch, the 60-day period in subdivision 2 begins to run for all executive branch agencies on the day a request containing all required information is received by one state agency. The agency receiving the request must forward copies to other state agencies whose approval is required.
(c) An agency response, including an approval with conditions, meets the 60-day time limit if the agency can document that the response was sent within 60 days of receipt of the written request. Failure to satisfy the conditions, if any, may be a basis to revoke or rescind the approval by the agency and will not give rise to a claim that the 60-day limit was not met.
(d) The time limit in subdivision 2 is extended if a state statute, federal law, or court order requires a process to occur before the agency acts on the request, and the time periods prescribed in the state statute, federal law, or court order make it impossible to act on the request within 60 days. In cases described in this paragraph, the deadline is extended to 60 days after completion of the last process required in the applicable statute, law, or order. Final approval of an agency receiving a request is not considered a process for purposes of this paragraph.
(e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state agency requires prior approval of a federal agency; or (2) an application submitted to a city, county, town, school district, metropolitan or regional entity, or other political subdivision requires prior approval of a state or federal agency. In cases described in this paragraph, the deadline for agency action is extended to 60 days after the required prior approval is granted.
(f) An agency may extend the time limit in subdivision 2 before the end of the initial 60-day period by providing written notice of the extension to the applicant. The notification must state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant.
(g) An applicant may by written notice to the agency request an extension of the time limit under this section.
1995 c 248 art 18 s 1; 1996 c 283 s 1; 2003 c 41 s 1; 2006 c 226 s 1; 2007 c 57 art 1 s 11; 2007 c 113 s 1
Structure Minnesota Statutes
Chapters 14 - 15A — State Agencies
Chapter 15 — State Agencies In General
Section 15.001 — Application Of Laws 2005, Chapter 56, Terminology Changes.
Section 15.01 — Departments Of The State.
Section 15.012 — State Agencies; Designation By Type.
Section 15.014 — Advisory Task Forces.
Section 15.0145 — Ethnic Councils.
Section 15.039 — Effect Of Transfer Of Powers Among Agencies.
Section 15.0395 — Interagency Agreements And Intra-agency Transfers.
Section 15.053 — Use Of The National Guard Education Center At Camp Ripley.
Section 15.054 — Sale Or Purchase Of State Property; Penalty.
Section 15.057 — Publicity Representatives.
Section 15.061 — Professional Or Technical Services.
Section 15.063 — Biennial Reports; Submission.
Section 15.066 — Confirmation Of Appointments.
Section 15.08 — Commissioners Of Management And Budget And Administration; Access To Records.
Section 15.082 — Obligations Of Public Corporations.
Section 15.10 — Records Delivered To Department Heads.
Section 15.16 — Transfer Of Lands Between Departments.
Section 15.161 — Acceptance Of Federal Lands Or Buildings; Consultation With Legislative Committees.
Section 15.17 — Official Records.
Section 15.18 — Distribution Of Publications.
Section 15.185 — Mailing Lists.
Section 15.191 — Imprest Cash Funds.
Section 15.31 — State Employees, Liability Insurance, Payment Of Premiums.
Section 15.38 — Noninsurance Of State Property; Exceptions.
Section 15.39 — Employment And Economic Development Department Buildings.
Section 15.40 — Lack Of Care In Keeping State Property Safe From Fire Loss, Nonfeasance In Office.
Section 15.41 — Construction Permits, Requisites.
Section 15.411 — Public Works Contracts; No Damages For Delay Clauses.
Section 15.415 — Corrections In Transactions, Waiver.
Section 15.43 — Acceptance Of Advantage By State Employee; Penalty.
Section 15.435 — Airline Travel Credit.
Section 15.44 — Aids For Persons With Disabilities At State Meetings.
Section 15.441 — Communications Services.
Section 15.60 — Public Safety Officers; American Flag.
Section 15.61 — Employment Of Unemployed And Underemployed Persons.
Section 15.62 — Athletic Leave Of Absence.
Section 15.71 — Public Contracts; Definitions.
Section 15.72 — Progress Payments On Public Contracts; Retainage.
Section 15.73 — Alternative Form Of Retainage.
Section 15.74 — Exceptions To Application.
Section 15.75 — Contracts With Regional Organizations.
Section 15.85 — Discipline For Racial Harassment.
Section 15.86 — State Agency Actions.
Section 15.87 — Victims Of Violence.
Section 15.97 — Information And Telecommunications Institute.
Section 15.98 — Indoor Ice Facilities.
Section 15.985 — Advisory Inspections.
Section 15.0575 — Administrative Boards And Agencies.
Section 15.058 — Licensing Board Members, Compensation, Terms, Removal, Reports.
Section 15.059 — Advisory Councils And Committees.
Section 15.0591 — Representative Of Older Population.
Section 15.0593 — Agencies Created By Executive Order.
Section 15.0594 — Commissioner's Approval Required.
Section 15.0595 — Compensation And Per Diem; Source Of Funds.
Section 15.0596 — Additional Compensation From Contingent Fund Prohibited.
Section 15.0597 — Appointments To Multimember Agencies.
Section 15.0598 — Exceptions To Open Appointments.
Section 15.0599 — Registration Of Multimember Agencies.
Section 15.06 — Appointment Of Department Heads; Terms; Deputies.
Section 15.46 — Preventive Health Services For Public Employees.
Section 15.472 — Fees And Expenses; Civil Action Or Contested Case Proceeding Involving State.
Section 15.473 — Payment Of Costs And Fees.
Section 15.474 — Procedure For Award Of Fees; Contested Case.
Section 15.51 — Declaration Of Policy.
Section 15.53 — Authority To Interchange Employees.
Section 15.54 — Status Of Employees Of This State.
Section 15.55 — Travel Expenses Of Employees Of This State.
Section 15.56 — Status Of Employees Of Other Governments.
Section 15.57 — Travel Expenses Of Employees Of Other Governments.
Section 15.58 — Agreements Between Federal And Receiving Agencies.
Section 15.59 — Employee Interchange Between State And Private Industry.
Section 15.99 — Time Deadline For Agency Action.
Section 15.991 — Customer Service.