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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 [Repealed, 1980 c 566 s 35]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 [Repealed, 1980 c 566 s 35]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
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