SB 464

Introduction

This bill makes various changes to the regulation of property rights and

shoreland zoning and allows for the substitution of hearing examiners in contested

case hearings.

property rights

Procedural protections

Restrictions on sale, purchase, development, or occupancy of real property

This bill does all of the following:

1. Prohibits a local governmental unit from requiring a person to take certain

actions with respect to real property, or pay a related fee, before purchasing, taking

title to, or occupying the property.

2. Provides that a local governmental unit may require a real property owner

to take certain actions with respect to property that are not related to purchasing or

occupying the property.

3. Invalidates any ordinance, resolution, or policy currently in effect that is

inconsistent with the prohibitions in the bill.

4. Provides that the prohibitions in the bill, and related prohibitions under

current law, do not affect the ability of a local governmental unit to enforce any state

or federal requirement.

5. Specifically prohibits a county from enacting a development moratorium.

6. Prohibits a city, village, town, or county (political subdivision) from

prohibiting or unreasonably restricting a real property owner from selling or

transferring title to any interest in the real property.

Individual notice requirements

This bill requires a political subdivision to provide written notice to a

landowner that potential action by the political subdivision may affect the allowable

use of the landowner's property. The bill also requires counties and towns to provide

such notice if a proposed zoning ordinance will affect the size or density requirements

of a landowner's property. In addition, the bill eliminates a political subdivision's

authority under current law to impose a fee for providing notice.

Vested rights

This bill requires a political subdivision to deny or approve a permit for activity

related to a specific and identifiable land development based on regulations and

ordinances in effect at the time that the permit application was submitted for

approval. Also, if a project requires an approval from a state agency and a political

subdivision, the existing requirements applicable at the time of filing the first

application, whether filed with the state agency or political subdivision, are

applicable to all subsequent approvals required for the project. The bill also provides

that any deadline set by the political subdivision for approving a permit application

must be extended so that it coincides with the period in which other related