to Planning Comm first-hold for June 27 CouncilTemp Dwelling Legislation
Temporary Dwelling Legislation Becomes Law
Cities may opt out of permitting temporary family dwellings, but they must pass an
ordinance to do so.
(Published May 16, 2016)
A bill creating a new process for local governments to permit certain types of recreational
vehicles as temporary family dwellings was signed into law by Gov. Dayton on May 12. Chapter
111 (SF 2555, Sen. John Hoffman, DFL-Champlain, and Rep. Roz Peterson, R-Burnsville)
previously passed the House floor on a vote of 113-17.
Purpose of the law
The main stated motivation behind the new law is to provide transitional housing for seniors. For
example, if a family wanted to keep a close eye on grandma while she recuperates from surgery,
they could have grandma stay in a temporary family health care dwelling in the yard or
driveway.
The law has a broader effect than that, however, with anyone who needs assistance with two or
more “instrumental activities of daily life” for mental or physical reasons eligible to be housed in
this manner.
Summary of changes
The League worked extensively with the authors and proponents and with other local
government organizations throughout the legislative process to craft a law that is manageable for
cities and counties.
Local governments may opt out of this program if they determine that this type of expedited land
use permitting for temporary dwellings is not well-suited to their community. Many communities
have communicated that property owners in their jurisdiction have adequate access to a permit
for this type of use through existing local land use controls and permitting authority.
Cities must pass ordinance to opt out
To be clear, unless a city chooses not to participate in this program by passing an ordinance
specifically opting out, the law will require the city to issue permits to qualified applicants
starting on Sept. 1, 2016. A permit can be denied for appropriate cause. The law lists the
information required and the requirements that may be considered in that decision.
The final act has the following key components:
Creates a new type of permit referred to as a temporary dwelling permit that has a six-
month duration, with an option to extend the permit for six months.
Requires that the permit be for a property where the caregiver or relative resides.
Allows modular and manufactured housing (instead of just recreational vehicles) to use
this permit process as long as the unit meets all of the listed criteria.
Lists the criteria for the structure and the information required in the permit application.
Addresses sewer safety issues with required backflow valves and advance verification of
septic service contracts.
Requires the inclusion of site maps showing where the unit will be placed and
notification of adjacent neighbors prior to application.
Requires applications to specify the individual authorized to live in the unit.
Applies the permit approval process found in Minnesota Statutes, section 15.99, but
allows the local government unit only 15 days to make a decision on granting the permit
(no extension). It waives the public hearing requirement and allows the clock to be
restarted if an application is deemed incomplete, as long as the applicant is notified of
how the application is incomplete within five days. A 30-day decision is allowed if the
regular council meeting occurs only once a month.
Requires unit placement to meet existing stormwater, shoreland, setback, and easement
requirements. A permit exempts the units only from accessory unit ordinances and
recreational vehicle parking and storage ordinances.
Sets a default permit fee level that may be replaced by a local ordinance.
Allows cities to pass an ordinance opting out of using this new permitting system.
A complete review of the provisions of the new law will be included in the League’s 2016 Law
From: http://www.lmc.org/page/1/TempHCDwellings.jsp