Subdivision 1. Submission to commissioner; review. (a) Except as provided in section 360.0656, prior to adopting zoning regulations, the municipality, county, or joint airport zoning board must submit the proposed regulations to the commissioner for the commissioner to determine whether the regulations conform to the standards prescribed by the commissioner. The municipality, county, or joint airport zoning board may elect to complete custom airport zoning under section 360.0656 instead of using the commissioner's standard, but only after providing written notice to the commissioner.
(b) Notwithstanding section 15.99, the commissioner must examine the proposed regulations within 90 days of receipt of the regulations and report to the municipality, county, or joint airport zoning board the commissioner's approval or objections, if any. Failure to respond within 90 days is deemed an approval. The commissioner may request additional information from the municipality, county, or joint airport zoning board within the 90-day review period. If the commissioner requests additional information, the 90-day review period is tolled until the commissioner receives information and deems the information satisfactory.
(c) If the commissioner objects on the grounds that the regulations do not conform to the standards prescribed by the commissioner, the municipality, county, or joint airport zoning board must make amendments necessary to resolve the objections or provide written notice to the commissioner that the municipality, county, or joint airport zoning board will proceed with zoning under section 360.0656.
(d) If the municipality, county, or joint airport zoning board makes revisions to the proposed regulations after its initial public hearing, the municipality, county, or joint airport zoning board must conduct a second public hearing on the revisions and resubmit the revised proposed regulations to the commissioner for review. The commissioner must examine the revised proposed regulations within 90 days of receipt to determine whether the revised proposed regulations conform to the standards prescribed by the commissioner.
(e) If, after a second review period, the commissioner determines that the municipality, county, or joint airport zoning board failed to submit proposed regulations that conform to the commissioner's standards, the commissioner must provide a final written decision to the municipality, county, or joint airport zoning board.
(f) The municipality, county, or joint airport zoning board must not adopt regulations or take other action until the proposed regulations are approved by the commissioner.
(g) The commissioner may approve local zoning ordinances that are more stringent than the commissioner's standards.
(h) If the commissioner approves the proposed regulations, the municipality, county, or joint airport zoning board may adopt the regulations.
(i) A copy of the adopted regulations must be filed with the county recorder in each county that contains a zoned area subject to the regulations.
(j) Substantive rights that existed and had been exercised prior to August 1, 2019, are not affected by the filing of the regulations.
Subd. 2. Protection of existing land uses. (a) In order to ensure minimum disruption of existing land uses, the commissioner's airport zoning standards and local airport zoning ordinances or regulations adopted under this section must distinguish between the creation or establishment of a use and the elimination of an existing use, and must avoid the elimination, removal, or reclassification of existing uses to the extent consistent with reasonable safety standards. The commissioner's standards must include criteria for determining when an existing land use may constitute an airport hazard so severe that public safety considerations outweigh the public interest in preventing disruption to that land use.
(b) Airport zoning regulations that classify as a nonconforming use or require nonconforming use classification with respect to any existing low-density structure or existing isolated low-density building lots must be adopted under sections 360.061 to 360.074.
(c) A local airport zoning authority may classify a land use described in paragraph (b) as an airport hazard if the authority finds that the classification is justified by public safety considerations and is consistent with the commissioner's airport zoning standards. Any land use described in paragraph (b) that is classified as an airport hazard must be acquired, altered, or removed at public expense.
(d) This subdivision must not be construed to affect the classification of any land use under any zoning ordinances or regulations not adopted under sections 360.061 to 360.074.
1Sp2019 c 3 art 3 s 98
Structure Minnesota Statutes
Chapters 360 - 362 — Aeronautics
Chapter 360 — Airports And Aeronautics
Section 360.011 — Declaration Of Purpose.
Section 360.012 — Sovereignty; Liability; Effect Of Other Law.
Section 360.013 — Definitions.
Section 360.015 — Commissioner; Powers And Duties.
Section 360.0151 — Air Service Marketing Program.
Section 360.016 — Federal Aid.
Section 360.0161 — Application For Federal Aid; Commissioner As Agent.
Section 360.017 — State Airports Fund.
Section 360.018 — Regulating Aircraft, Airmen, Airports, Instructors.
Section 360.019 — Order Of Commissioner; Review.
Section 360.021 — State Airport.
Section 360.0215 — Service Of Process; Long-arm Statute; Fee.
Section 360.0216 — Aircraft Operator Deemed Owner's Agent.
Section 360.022 — Misdemeanor.
Section 360.023 — Transfer Of Air Navigation Facility.
Section 360.024 — Air Transportation Service Charge.
Section 360.031 — Definition Of Municipality.
Section 360.032 — Municipality May Acquire Airport.
Section 360.033 — Sovereign Rights.
Section 360.034 — Prior Acquisition Of Property Validated.
Section 360.035 — Exemption From Taxation.
Section 360.036 — Financing Airport And Improvements.
Section 360.037 — General Power To Tax; Revenue Priorities.
Section 360.038 — Specific Powers Of Municipality.
Section 360.039 — Federal Aid.
Section 360.041 — Airport On Water And Reclaimed Land.
Section 360.042 — Joint Operation; Joint Powers Board.
Section 360.0425 — General Powers Of Authority.
Section 360.0426 — Creation Of An Airport Authority; Dissolution.
Section 360.0427 — Tax Levy May Be Certified By Airport Authority.
Section 360.043 — Assistance To Other Municipality.
Section 360.044 — County Authority.
Section 360.045 — Jurisdiction Exclusive.
Section 360.046 — Requirements For Closure Of Municipal Airport.
Section 360.061 — Definitions.
Section 360.062 — Airport Hazard Prevention; Protecting Existing Land Uses.
Section 360.063 — Airport Zoning; Authority, Procedure.
Section 360.064 — Airport Zoning; Comprehensive Ordinance, Conflict.
Section 360.065 — Airport Zoning; Adoption And Approval Of Proposed Regulations.
Section 360.0655 — Airport Zoning Regulations Based On Commissioner's Standards; Submission Process.
Section 360.0656 — Custom Airport Zoning Standards.
Section 360.066 — Airport Zoning; Minimum Standards, Land Uses.
Section 360.067 — Airport Zoning Permit, Variance; Administrative Agent.
Section 360.068 — Appeal Of Airport Zoning Decision.
Section 360.069 — Airport Zoning Administration.
Section 360.071 — Board Of Adjustment.
Section 360.072 — Judicial Review.
Section 360.073 — Violations, Penalties, And Remedies.
Section 360.074 — Acquisition Of Air Rights.
Section 360.075 — Violations, Penalties.
Section 360.0753 — Testing Procedures.
Section 360.076 — Citation, Aeronautics Code.
Section 360.201 — Acquisition By Municipality In Adjoining State.
Section 360.202 — Rights Same As Minnesota Municipality.
Section 360.203 — Reciprocal Provisions.
Section 360.305 — Expenditures For Airports And Navigation.
Section 360.511 — Definitions.
Section 360.521 — Aircraft Tax Limitation And Election.
Section 360.532 — Nonresident Commercial Operation Subject To Tax.
Section 360.54 — Presumption That Aircraft Subject To Tax.
Section 360.57 — Filing Sworn Statement By Manufacturer.
Section 360.58 — Operation Without Registration Or Payment.
Section 360.59 — Aircraft Registration And Listing For Taxation.
Section 360.595 — Taxes Paid Before Registration And Licensing; Rules.
Section 360.60 — Registration Required; Exemption; Misdemeanor.
Section 360.61 — Due Date Of Tax; Penalties And Fees.
Section 360.63 — Dealer's License.
Section 360.64 — Aircraft Tax Lien; Remedies, Prosecution.
Section 360.651 — Manufacturer, Listing Of Aircraft.
Section 360.653 — Aircraft Registration And Tax Exemptions.
Section 360.654 — Aircraft Dealer's Commercial Use Permit.
Section 360.66 — State Airports Fund.
Section 360.67 — Violations And Penalties.
Section 360.675 — Aviation Tax Report.
Section 360.68 — Airport Jointly Owned; Revenue Certificates.
Section 360.70 — Rentals And Earnings.
Section 360.71 — Revenue Certificate Terms.
Section 360.72 — Refund Certificate.
Section 360.73 — Authority Supersedes Contrary Law.
Section 360.81 — Purpose: Safe Flight.
Section 360.83 — Permit, Necessity.
Section 360.84 — Height Limitations; Exceptions.
Section 360.85 — Interest Of Applicant For Permit.
Section 360.86 — Visual Or Aural Identification.
Section 360.87 — Investigation, Determination, Notice, And Hearing.
Section 360.88 — Failure To File For Permit; Commissioner's Action.
Section 360.90 — Structure Height Rules; Forms.
Section 360.915 — Meteorological Towers.
Section 360.92 — Liability Insurance Required; Misdemeanor.
Section 360.93 — Minimal Insurance Coverage Required; Misdemeanor.