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SF1991 (Legislative Session 94 (2025-2026))

Municipal land dedication requirements and authority modification

Related bill: HF1135

AI Generated Summary

This bill, S.F. No. 1991, proposes amendments to Minnesota Statutes section 462.358, subdivision 2b, regarding municipal land dedication requirements for subdivisions.

Key Provisions:

  1. Land Dedication for Public Use: Municipal regulations may require that a reasonable portion of buildable land from proposed subdivisions be dedicated for public use, such as roads, sidewalks, utilities, parks, trails, and open spaces.

  2. Municipal Planning Requirements: If a municipality enacts such requirements, it must have a capital improvement budget and a parks and open space plan.

  3. Cash Fee Option: Instead of land dedication, municipalities may accept a cash fee based on the fair market value of the land, determined annually by tax valuation or appraisal. The revenue must be used only for acquiring or improving parks, trails, recreational facilities, or open spaces.

  4. Use of Cash Payments: Funds collected through park dedication fees cannot be used for ongoing operation or maintenance and must be tracked in a special fund with records available to applicants.

  5. Subdivision Approval Restrictions: Municipalities cannot deny a subdivision application solely due to inadequate parks, trails, or recreational facilities.

  6. Exemptions for Resubdivisions: If a previously subdivided property (where park dedication was already collected) is resubdivided without increasing the number of lots, it is exempt from additional dedication or fees. If additional lots are created, fees apply only to the net increase.

  7. Dedication Limits: The total required land or cash dedication cannot exceed 10% of the fair market value of the subdivision. Non-buildable land does not count toward this limit, except for regional trails.

  8. Street and Roadway Dedications: Municipalities cannot require excessive land dedication for streets beyond minimum engineering standards. Residential streets must generally not exceed a 32-foot curb-to-curb width, following national traffic engineering guidelines.

Purpose:

This bill seeks to standardize and regulate municipal land dedication and fee requirements, ensuring fairness in development contributions while accounting for community needs in parks, infrastructure, and roadways.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 26, 2025HouseFloorActionIntroduction and first reading
February 26, 2025SenateFloorActionIntroduction and first reading
February 26, 2025HouseFloorActionReferred toState and Local Government
February 26, 2025SenateFloorActionReferred toState and Local Government

Citations

 
[
  {
    "analysis": {
      "added": [
        "New specifications on how municipalities can levy cash fees instead of land dedications."
      ],
      "removed": [
        "Previously subdivided properties with the same number of lots are exempt from new dedication requirements."
      ],
      "summary": "This bill amends municipal land dedication requirements under section 462.358.",
      "modified": [
        "Clarifies rules on valuation and acceptance of land versus cash for dedications."
      ]
    },
    "citation": "462.358",
    "subdivision": "subdivision 2b"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section is referenced in terms of procedural requirements for land dedication.",
      "modified": [
        "Establishes procedures for handling cash fees and land dedications."
      ]
    },
    "citation": "462.353",
    "subdivision": "subdivision 4a"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Municipalities must not exceed the minimum standards for urban roadways as defined under section 162.09.",
      "modified": []
    },
    "citation": "162.09",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Provides guidance on the width of land dedication for roads as specified under section 162.155.",
      "modified": []
    },
    "citation": "162.155",
    "subdivision": ""
  }
]

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