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MINNESOTA STATUTES 2020 462.358 <br />462.358 OFFICIAL CONTROLS: SUBDIVISION REGULATION; DEDICATION. <br />Subdivision 1. [Repealed, 1980 c 566 s 35] <br />Subd. 1 a. Authority. To protect and promote the public health, safety, and general welfare, to provide <br />for the orderly, economic, and safe development of land, to preserve agricultural lands, to promote the <br />availability of housing affordable to persons and families of all income levels, and to facilitate adequate <br />provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public <br />services and facilities, a municipality may by ordinance adopt subdivision regulations establishing standards, <br />requirements, and procedures for the review and approval or disapproval of subdivisions. The regulations <br />may contain varied provisions respecting, and be made applicable only to, certain classes or kinds of <br />subdivisions. The regulations shall be uniform for each class or kind of subdivision. <br />A municipality may by resolution extend the application of its subdivision regulations to unincorporated <br />territory located within two miles of its limits in any direction but not in a town which has adopted subdivision <br />regulations; provided that where two or more noncontiguous municipalities have boundaries less than four <br />miles apart, each is authorized to control the subdivision of land equal distance from its boundaries within <br />this area. <br />Subd. 2. [Repealed, 1980 c 566 s 35] <br />Subd. 2a. Terms of regulations. The standards and requirements in the regulations may address without <br />limitation: the size, location, grading, and improvement of lots, structures, public areas, streets, roads, trails, <br />walkways, curbs and gutters, water supply, storm drainage, lighting, sewers, electricity, gas, and other <br />utilities; the planning and design of sites; access to solar energy; and the protection and conservation of <br />floodplains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features. <br />The regulations shall require that subdivisions be consistent with the municipality's official map if one exists <br />and its zoning ordinance, and may require consistency with other official controls and the comprehensive <br />plan. The regulations may prohibit certain classes or kinds of subdivisions in areas where prohibition is <br />consistent with the comprehensive plan and the purposes of this section, particularly the preservation of <br />agricultural lands. The regulations may prohibit, restrict or control development for the purpose of protecting <br />and assuring access to direct sunlight for solar energy systems. The regulations may prohibit the issuance <br />of permits or approvals for any tracts, lots, or parcels for which required subdivision approval has not been <br />obtained. <br />The regulations may permit the municipality to condition its approval on the construction and installation <br />of sewers, streets, electric, gas, drainage, and water facilities, and similar utilities and improvements or, in <br />lieu thereof, on the receipt by the municipality of a cash deposit, certified check, irrevocable letter of credit, <br />bond, or other financial security in an amount and with surety and conditions sufficient to assure the <br />municipality that the utilities and improvements will be constructed or installed according to the specifications <br />of the municipality. Sections 471.345 and 574.26 do not apply to improvements made by a subdivider or a <br />subdivider's contractor. <br />A municipality may require that an applicant establish an escrow account or other financial security for <br />the purpose of reimbursing the municipality for direct costs relating to professional services provided during <br />the review, approval and inspection of the project. A municipality may only charge the applicant a rate equal <br />to the value of the service to the municipality. Services provided by municipal staff or contract professionals <br />must be billed at an established rate. <br />When the applicant vouches, by certified letter to the municipality, that the conditions required by the <br />municipality for approval under this subdivision have been satisfied, the municipality has 30 days to release <br />Official Publication of the State of Minnesota <br />Revisor of Statutes <br />