reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 394 — Planning, Development, Zoning › Section 394.24 — Official Controls.

394.24 OFFICIAL CONTROLS.
Subdivision 1.
Adopted by ordinance.
Official controls which shall further the purpose and objectives of the comprehensive plan and parts thereof shall be adopted by ordinance. The comprehensive plan must provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the comprehensive plan.
Subd. 2.
Municipality may request inclusion.
Official controls adopted by a board shall apply to and be binding upon the county or any parts thereof including areas within the incorporated limits of a municipality, when requested by the municipality under section 394.32.
Subd. 3.
Outside metro, state, federal land.
For the area within which official controls adopted by the board are effective, such controls shall apply to the use of land for both private and public purposes, provided that the need for adequate, timely and convenient public and semipublic services and facilities must receive due consideration in the formulation, administration and enforcement of all official controls and no land owned or leased by the federal or state government shall be subject to official controls of the county. With respect to the use of land for public purposes, the provisions of this subdivision shall not apply in the metropolitan area as described in section 473.121.
History:
1959 c 559 s 4; 1963 c 692 s 2; 1974 c 571 s 9-11; 1980 c 509 s 150; 1995 c 186 s 119; 1997 c 202 art 4 s 6
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 394 — Planning, Development, Zoning › Section 394.26 — Public Hearings.

394.26 PUBLIC HEARINGS.
Subdivision 1.
[Repealed, 1974 c 571 s 51]
Subd. 1a.
When required.
In addition to public hearings required by section 375.51 prior to the adoption by ordinance of any comprehensive plan or amendments thereto or of any official control or amendment thereto, public hearings shall be held before any conditional use permit, interim use permit, variance, or proposal for a subdivision is approved or denied by the responsible authority, and in circumstances where a public hearing is otherwise required by sections 394.21 to 394.37. Such public hearings may be continued from time to time and additional hearings may be held.
Subd. 2.
Notice.
Notice of the time, place, and purpose of any public hearing shall be given by publication in a newspaper of general circulation in the town, municipality, or other area concerned, and in the official newspaper of the county, at least ten days before the hearing, except that notice of public hearings in connection with the adoption by ordinance of any comprehensive plan or amendments thereto or adoption or amendment of any official controls shall be given in the manner provided by section 375.51, subdivision 2. In addition to the requirements of section 375.51, subdivision 2, written notice of public hearings on all official controls and amendments thereto shall be sent to the governing bodies of all towns and all municipalities located within the county. Written notice of public hearings regarding the application of official controls to specific properties, including but not limited to conditional uses, variances, interim uses, zoning regulations, and subdivision regulations, shall be sent to all property owners of record within 500 feet of the affected property in incorporated areas. In unincorporated areas, the written notice shall be sent to property owners as follows:
(a) in the case of variances, to owners of record within 500 feet of the affected property;
(b) in the case of conditional uses and interim uses, to owners of record within one-quarter mile of the affected property or to the ten properties nearest to the affected property, whichever would provide notice to the greatest number of owners;
(c) in the case of all other official controls, including but not limited to zoning regulations and subdivision regulations, to owners of record within one-half mile of the affected property.
Written notice shall also be given to the affected board of town supervisors, and the municipal council of any municipality within two miles of the affected property.
Subd. 3.
[Repealed, 1974 c 571 s 51]
Subd. 3a.
Who runs hearing.
The board may assign responsibility to conduct public hearings for one or more purposes to the planning commission, board of adjustment or any official or employee of the county, except as provided in section 375.51.
History:
1959 c 559 s 6; 1963 c 692 s 4; 1974 c 571 s 20-22; 1976 c 177 s 1; 1980 c 477 s 1; 2008 c 331 s 4
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 394 — Planning, Development, Zoning › Section 394.28 — Appropriation For Planning Activity.

394.28 APPROPRIATION FOR PLANNING ACTIVITY.
The board of county commissioners shall provide the funds, equipment, and accommodations necessary for such planning activity as the board determines. Such appropriation may include funds for the purpose of matching funds of other governmental units or for joint ventures engaged in with other governmental units.
Any county providing for county planning activities may receive grants-in-aid from or enter into reasonable agreements with any department or agency of the government of the United States or the state of Minnesota, to arrange for the receipt of federal or state funds in the interest of furthering the planning program.
History:
1959 c 559 s 8
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 394 — Planning, Development, Zoning › Section 394.29 — May Employ Director And Staff.

394.29 MAY EMPLOY DIRECTOR AND STAFF.
To carry out the purposes of sections 394.21 to 394.37, the board may employ a planning director and such staff as it deems necessary to assist the planning director in carrying out assigned responsibilities, including but not limited to a zoning administrator, sanitary inspector and a building official. If no planning director is appointed, the board shall designate a chief administrative officer who shall administer the official controls. The board may employ or contract with a planning authority or commission, any agency of the state or federal government, a regional development commission or with planning consultants, or other specialists for such services as it requires.
History:
1959 c 559 s 9; 1974 c 571 s 30; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 394 — Planning, Development, Zoning › Section 394.301 — Conditional Use Permits.

394.301 CONDITIONAL USE PERMITS.
Subdivision 1.
By ordinance.
The board may by ordinance designate certain types of developments, including planned unit developments and certain land development activities as conditional uses under zoning regulations. Conditional uses may be approved upon a showing by an applicant that standards and criteria stated in the ordinance will be satisfied. Such standards and criteria shall include both general requirements for all conditional uses and, insofar as practicable, requirements specific to each designated conditional use.
Subd. 2.
Issuance, review.
Conditional use permits shall be issued by the officer administering the official controls only upon the order of the board or the planning commission as designated by ordinance as the approval authority for one or more categories of conditional uses. The planning commission shall in all instances have an opportunity to review conditional uses prior to any final decision by the designated approval authority. Public hearings shall be held in accordance with section 394.26. In connection with ordering the issuance of a conditional use permit the designated approval authority may impose such additional restrictions or conditions as it deems necessary to protect the public interest, including but not limited to matters relating to appearance, lighting, hours of operation and performance characteristics. When appropriate, restrictive covenants may be entered into regarding such matters.
Subd. 3.
Duration.
A conditional use permit shall remain in effect for so long as the conditions agreed upon are observed, provided that nothing in this section shall prevent the board from enacting or amending official controls to change the status of conditional uses.
Subd. 4.
Copy filed.
A certified copy of any conditional use permit shall be recorded with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the property involved. The board by ordinance shall designate the county official or employee responsible for meeting the requirements of the subdivision.
History:
1974 c 571 s 35; 1976 c 181 s 2; 2005 c 4 s 98
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 394 — Planning, Development, Zoning › Section 394.303 — Interim Uses.

394.303 INTERIM USES.
Subdivision 1.
Definition.
An "interim use" is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
Subd. 2.
Authority.
Zoning regulations may permit the governing body to allow interim uses. The regulations may set conditions on interim uses. The governing body may grant permission for an interim use of property if:
(1) the use conforms to the zoning regulations;
(2) the date or event that will terminate the use can be identified with certainty;
(3) permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and
(4) the user agrees to any conditions that the governing body deems appropriate for permission of the use.
Any interim use may be terminated by a change in zoning regulations.
Subd. 3.
Public hearings.
Public hearings on the granting of interim use permits shall be held in the manner provided in section 394.26.
History:
2008 c 331 s 5
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 394 — Planning, Development, Zoning › Section 394.305 — Notice Of Residential Development On Agricultural Land.

394.305 NOTICE OF RESIDENTIAL DEVELOPMENT ON AGRICULTURAL LAND.
A person who applies for a permit to construct four or more residential units on a site located on land zoned for agricultural use or on agricultural land in a county that does not have a comprehensive land use or zoning plan shall, not later than ten business days after the application is submitted, provide notice to each owner of agricultural real property within 5,000 feet of the perimeter of the residential development. The notice may be delivered by first class mail, in person, or by publication in a newspaper of general circulation within the affected area and must include information on the number of residential units.
History:
1997 c 216 s 137
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 394 — Planning, Development, Zoning › Section 394.312 — Relation To Other County Authority.

394.312 RELATION TO OTHER COUNTY AUTHORITY.
All official controls in effect on August 1, 1974, shall remain in full force and effect until amended or repealed whether such controls were adopted by resolution of the board or by ordinance and whether or not comprehensive plans had been adopted before the official controls were adopted. Any official controls and any procedures for the administration of official controls which are in existence on August 1, 1974, shall be brought into compliance with Laws 1974, chapter 571, within four years from August 1, 1974.
History:
1974 c 571 s 36; 1977 c 197 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 394 — Planning, Development, Zoning › Section 394.32 — Cooperation With Municipalities.

394.32 COOPERATION WITH MUNICIPALITIES.
Subdivision 1.
By contract; fees.
The governing body of any municipality may contract with the board for planning and zoning services to be provided by the county, and the contract may provide that the municipality shall pay such fees as are agreed for the services performed.
Subd. 2.
Joint planning.
The contract between the governing body of the municipality and the board may provide among other things for joint county-municipal planning activities, or it may designate the board as the planning agency for the municipality.
Subd. 3.
Comprehensive plan; control enforcement.
The governing body of any municipality may request a county board to submit to such governing body a comprehensive plan for the municipality setting forth such provisions as the board deems applicable to the municipality and for its best interests, or to include the area within the municipality in a countywide comprehensive plan, or to prepare official controls to apply to the area within the municipality. Notwithstanding the adoption of the comprehensive plan and recommendations for the municipality the plan and recommendations shall not be binding until official controls are adopted by the municipality in accordance with the plan or until the county adopts official controls for the areas within the incorporated limits of the municipality when requested by the governing body of the municipality. After the county adopts official controls for areas within a municipality, the county shall enforce the controls unless the county and municipality provided otherwise by agreement. A municipality may at any time, by resolution of its governing body, take over planning functions, including adoption and enforcement of official controls, with respect to areas within its corporate limits for which a county has adopted official controls.
Subd. 4.
[Repealed, 1974 c 571 s 51]
History:
1959 c 559 s 12; 1974 c 571 s 37,38
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 394 — Planning, Development, Zoning › Section 394.33 — Town Powers.

394.33 TOWN POWERS.
Subdivision 1.
Not inconsistent.
The governing body of any town including any town with the powers of a statutory city pursuant to law may continue to exercise the authority to plan and zone as provided by law, but after the adoption of official controls for a county or portion thereof by the board of county commissioners no town shall enact or enforce official controls inconsistent with or less restrictive than the standards prescribed in the official controls adopted by the board. Nothing in this section shall limit any town's power to adopt official controls, including shoreland regulations which are more restrictive than provided in the controls adopted by the county. Upon the adoption or amendment of any official controls the governing body of the town shall record a certified copy thereof with the county recorder or registrar of titles. A certified copy of any official controls of any town which are in effect on August 1, 1974, shall also be filed by the governing body of the town with the county recorder or registrar of titles for record within one year from August 1, 1974.
Subd. 2.
Like municipality.
The board of supervisors of any town which has adopted or desires to adopt zoning regulations and restrictions pursuant to law shall have the authority granted the governing body of any municipality as provided in section 394.32.
History:
1959 c 559 s 13; 1963 c 692 s 7; 1965 c 678 s 1; 1974 c 571 s 39; 1976 c 181 s 2; 1995 c 254 art 3 s 4; 2005 c 4 s 99
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 394 — Planning, Development, Zoning › Section 394.34 — Interim Zoning.

394.34 INTERIM ZONING.
If a county is conducting or in good faith intends to conduct studies within a reasonable time, or has held or is holding a hearing for the purpose of considering a comprehensive plan or official controls or an amendment, extension, or addition to either, or in the event new territory for which no zoning may have been adopted, may be annexed to a municipality, the board in order to protect the public health, safety, and general welfare may adopt as an emergency measure a temporary interim zoning map or temporary interim zoning ordinance, the purpose of which shall be to classify and regulate uses and related matters as constitutes the emergency. Such interim resolution shall be limited to one year from the date it becomes effective and to one year to renewal thereafter.
History:
1959 c 559 s 14
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 394 — Planning, Development, Zoning › Section 394.35 — Recording With County Recorder.

394.35 RECORDING WITH COUNTY RECORDER.
Upon the adoption of any ordinance or other official control including any maps or charts supplemented to or as part thereof, the county auditor shall record a certified copy thereof with the county recorder. Ordinances, resolutions, maps or regulations recorded with the county recorder or registrar of titles pursuant to sections 394.21 to 394.37 do not constitute encumbrances on real property.
History:
1959 c 559 s 15; 1974 c 571 s 40; 1976 c 181 s 2; 2005 c 4 s 100
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 394 — Planning, Development, Zoning › Section 394.362 — Variances; Use Permits; Adverse Effect.

394.362 VARIANCES; USE PERMITS; ADVERSE EFFECT.
Subdivision 1.
Variances; demonstration.
The applicant for a variance which, in the opinion of the board of adjustment, may result in a material adverse effect on the environment may be requested by the board to demonstrate the nature and extent of the effect.
Subd. 2.
Permit; demonstration.
The applicant for a conditional use permit which, in the opinion of the planning commission, may result in a material adverse effect on the environment may be requested by the board to demonstrate the nature and extent of the effect.
History:
1974 c 571 s 45
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 394 — Planning, Development, Zoning › Section 394.37 — Enforcement.

394.37 ENFORCEMENT.
Subdivision 1.
Conveyance compliance.
The board shall provide for the enforcement of sections 394.21 to 394.37 and of ordinances and regulations made thereunder, and may impose enforcement duties on any officer, department, agency, or employee of the county. In a county in which subdivision regulations or controls are in force and have been filed or recorded as provided in section 394.35, the board may by ordinance require that a copy of some or all instruments which convey real estate be submitted by the county recorder to the administrative officer as provided in section 394.29, for review after recording. The officer shall examine each such instrument to determine whether the proposed conveyance complies with the subdivision and platting regulations of the county. If the conveyance does not comply with regulations, the administrative officer shall give notice by mail of the potential violation to the parties to the conveyance.
Subd. 2.
Violations are misdemeanor.
It is declared unlawful for any person to violate any of the terms and provisions of sections 394.21 to 394.37 or the provisions of any ordinance, regulation, or other official control adopted by the board. Violation thereof shall be a misdemeanor. All fines for violations shall be paid to the county and shall be credited to the general revenue fund.
Subd. 3.
Other remedies by county attorney.
In the event of a violation or a threatened violation of sections 394.21 to 394.37 or of any ordinance, regulation, or other official control adopted hereunder, the board, or any member thereof, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct, or abate such violations or threatened violations and it is the duty of the county attorney to institute such action.
Subd. 4.
Taxpayer mandamus action.
Any taxpayer of the county may institute mandamus proceedings in district court to compel specific performance by the proper official or officials of any duty required by sections 394.21 to 394.37 or by any ordinance adopted thereunder.
History:
1959 c 559 s 17; 1971 c 664 s 1; 1974 c 571 s 46; 1977 c 189 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.01 — Park Districts; Single And Multicounty.

398.01 PARK DISTRICTS; SINGLE AND MULTICOUNTY.
There are hereby created, subject to activation by the boards of county commissioners, as hereinafter provided, park districts which are bodies corporate and politic and which, when activated, shall be deemed to be political subdivisions of the state of Minnesota and public corporations. Park districts shall be of two kinds: (1) single county, which shall be coterminous with a county except that in counties containing a city of the first class such city shall be excluded from the park district; and (2) multicounty, which shall include parts or all of more than one county but shall not include any city of the first class. No park district shall be activated under this chapter until it contains at least part of a county having a population of 350,000 people or more according to the last federal decennial census preceding such activation or an entire county contiguous to a county having such a population. No park district activated hereunder shall contain a county now or hereafter containing a city of the first class which occupies more than 30 percent of the county by area.
History:
1955 c 806 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.02 — Board Of Park District Commissioners.

398.02 BOARD OF PARK DISTRICT COMMISSIONERS.
Each park district shall be governed by a board of park district commissioners. The board for single county park districts shall consist of seven commissioners. The board for multicounty park districts shall be constituted as determined in accordance with sections 398.03 and 398.04.
History:
1955 c 806 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.03 — Commissioners.

398.03 COMMISSIONERS.
Subdivision 1.
Single county districts.
The first board of park district commissioners for each single county district shall be appointed by the board of county commissioners of the county in which the park district is located as follows: The board of county commissioners shall by resolution divide the single county park district into four election districts which shall be similar in shape and no one of which shall contain more than five percent more area than any other. Following the adoption of such a resolution, the board of county commissioners shall appoint as park district commissioners one resident of each of the election districts and three residents of the park district at large, each for a term continuing until a successor is elected and qualifies. The chair of the board of county commissioners may call the first meeting of the first board of park district commissioners or they may meet and organize without such a call.
Subd. 2.
Multicounty districts.
Subject to the requirements set forth herein and in sections 398.04 and 398.05 the number, qualifications, first meeting and terms of park district commissioners for multicounty park districts and the method of their selection and replacement shall be determined by joint resolution adopted separately by the several boards of county commissioners for the counties in which the park district is located. Park commissioners in such park districts shall be appointed in the first instance and when vacancies occur, but in all other cases they shall be elected. Certified copies of the joint resolution adopted by the several boards of county commissioners and of any amendments thereto shall be filed with the secretary of state for the state of Minnesota and shall take effect upon such filing.
History:
1955 c 806 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.04 — Election Of Commissioners.

398.04 ELECTION OF COMMISSIONERS.
Except in the case of the first boards and when vacancies occur before the expiration of a term, park district commissioners shall be elected without party designation at the same time and in the same manner as county commissioners. In single county park districts the three commissioners at large shall be elected by all the qualified voters in the park district while the successors in office to the four commissioners representing the four election districts, whether appointed, candidates for election or elected, must reside when appointed or elected and while serving, in the election district which they represent and shall be elected by the qualified voters residing in such district. Park district commissioners shall be elected for terms of four years or until their respective successors are elected and qualify, except where a commissioner is being elected to finish out an unexpired term when election shall be for the balance of such term. Vacancies resulting from the death, resignation or removal of a commissioner shall be filled by appointment by the board of county commissioners, such appointment to be effective only until the first Monday in January following the next general election or until a successor has been elected and qualifies for office. The four commissioners representing the election districts shall be elected at the first primary and general elections after the activation of the district and each four years thereafter and the commissioners elected at large shall be elected at the second primary and general election after such activation and each four years thereafter. The terms of elected commissioners shall commence on the first Monday in January following their election.
History:
1955 c 806 s 4
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.05 — Qualifications Of Commissioners.

398.05 QUALIFICATIONS OF COMMISSIONERS.
No commissioner shall hold other public office other than notary public. Commissioners must be citizens of the United States and they must reside within the park district at the time they are appointed or file for office and while serving and within the appropriate election district if so required by sections 398.03 and 398.04. All persons appointed or elected to the office of park district commissioners shall before entering upon the discharge of their duties severally file a written acceptance and oath of office in the Office of the Secretary of State for the state of Minnesota. Commissioners shall serve without compensation but shall be allowed their actual and necessary expenses incurred in the performance of their duties. No commissioner or any person holding appointment under the corporation shall be interested directly or indirectly in any contract entered into under the provisions of this chapter. No commissioner shall be subject to any personal liability on account of any liability of the corporation.
History:
1955 c 806 s 5
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.06 — Board; Officers, Powers, Meetings.

398.06 BOARD; OFFICERS, POWERS, MEETINGS.
At the first meeting of the board and at the first meeting each calendar year, each board shall elect from its membership a chair and a vice-chair who shall serve in such capacity for the calendar year, and until their successors are elected and qualified. The chair shall preside at all meetings; in the absence of the chair, the vice-chair shall preside. Meetings of the board shall be held in accordance with chapter 13D. The board shall preserve order at their meetings, compel the attendance of members, and punish nonattendance. The board shall have power to regulate their own procedure and shall adopt from time to time written rules of procedure.
At its first meeting, the board shall adopt a temporary name for the park district and it shall, at a meeting held within six months from its first meeting, adopt by a majority vote of all commissioners an official name for the park district.
Regular meetings of the park district boards shall be held at least monthly at such times and places as may be prescribed by their rules. Special meetings may be called by the chair, or by any two members of a board, by writing filed with the secretary, who shall then mail a notice to all board members of the time and place of such meeting at least two days before such meeting.
A majority of the commissioners shall constitute a quorum for the transaction of business, although a smaller number may adjourn from time to time.
History:
1955 c 806 s 6; 1986 c 444; 2001 c 44 s 3
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.07 — Primary Duties.

398.07 PRIMARY DUTIES.
Park district boards shall have as their primary duty not the establishment of parks and playgrounds of a local or neighborhood type but rather the acquisition, development and maintenance of large parks, wild life sanctuaries, forest and other reservations, and means for public access to historic sites and to lakes, rivers, and streams and to other natural phenomena.
History:
1955 c 806 s 7
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.08 — General Powers.

398.08 GENERAL POWERS.
Park districts shall have all the rights, powers, privileges, and immunities of a municipal corporation at common law and they shall be subject to the duties of a municipal corporation at common law. Except as otherwise limited in this chapter they shall have perpetual succession, may sue and be sued, may use a corporate seal, may acquire by lease, purchase, gift, condemnation, or otherwise such real and personal property as the purposes of the board may require and may hold, manage, control, sell, convey, lease or otherwise dispose of such property or its interests therein. The board shall have full authority to exercise all the powers of the district, to make all necessary or desirable contracts, to procure public liability and other insurance protection as may be necessary or desirable, to hire and employ help and assistance as its needs require, to exercise the power of eminent domain, to enact ordinances, and to declare that the violation thereof shall be a penal offense and to prescribe the penalties thereof, not to exceed a fine of $100, or imprisonment in a statutory city or county jail for a period of not more than 90 days, or both, and in either case the cost of prosecution may be added to the penalties imposed. The board shall have full power and authority to acquire and establish parks and to operate, maintain, protect, improve and preserve a park system and to conduct a recreational program in its parks.
History:
1955 c 806 s 8; 1973 c 123 art 5 s 7
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.10 — Park Superintendent; Employees.

398.10 PARK SUPERINTENDENT; EMPLOYEES.
The board shall, by secret ballot, elect a park superintendent to serve as the chief administrative officer of the park district. Such election shall be for terms of not to exceed five years and the superintendent shall serve at the pleasure of the board. No person shall be elected superintendent unless the person has had at least ten years experience in business or in public administration, at least five years of which shall have been in a responsible administrative capacity and at least three years in the administration of parks or recreation. The salary of the superintendent shall be set by the board. The superintendent or a designee shall serve as secretary to the board. The secretary shall, promptly after selection, file with the board a bond in the penal sum of $10,000, with good and sufficient sureties acceptable to the board of park district commissioners.
The board shall have power to appoint such officers, agents, and employees as it deems necessary for the proper administration of the district. The officers, agents, and employees shall perform such duties and receive such compensation as the board may determine and shall be removable at the pleasure of the board.
History:
1955 c 806 s 10; 1986 c 444; 1991 c 326 s 22; 2004 c 251 s 21; 2005 c 82 s 10
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.11 — Instruments, Execution.

398.11 INSTRUMENTS, EXECUTION.
Every contract, conveyance, license, or other written instrument shall be executed on behalf of the board by the chair and secretary with the corporate seal affixed if the district has one, and only pursuant to authority from the board.
History:
1955 c 806 s 11; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.12 — Ordinances, Resolutions; Enactment.

398.12 ORDINANCES, RESOLUTIONS; ENACTMENT.
The board may, after public hearing held upon two weeks' published notice, enact such ordinances as it may deem necessary or convenient to carry out the general and special powers herein granted. It may also, without notice of hearing, adopt such resolutions as may be deemed necessary or convenient to carry out such powers, except where action is herein directed to be taken by ordinance. An ordinance or resolution shall be signed by the chair, attested by the secretary, and published once in one legal newspaper published within the district. Proof of the publication shall be attached to and be filed with the ordinance or resolution. Every ordinance shall be recorded in an ordinance book within 20 days after its publication. All ordinances shall be suitably entitled and shall be substantially in the style: "The Board of the Park District of ......... Ordains: ........"
History:
1955 c 806 s 12; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.13 — Ordinances, Enforcement.

398.13 ORDINANCES, ENFORCEMENT.
The board shall have authority to enforce its ordinances and to employ police officers and attorneys for such purposes. Any police officer, sheriff, or other public enforcement official having jurisdiction in the county, in which all or a part of a park district is located, shall have authority to arrest persons violating ordinances of the board and to serve warrants upon persons accused of violating an ordinance of the board, and to carry out the prosecution in any proper tribunal under such ordinance. Nothing herein contained shall prevent the enforcement within a park district of any ordinance or regulation of a municipality or county within such park district which is not inconsistent with the ordinances of the board.
History:
1955 c 806 s 13; 2005 c 10 art 2 s 4
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.14 — Records, Reports.

398.14 RECORDS, REPORTS.
The board shall keep accurate and permanent records of all its proceedings and shall compile and publish reports and information relating to the park district and to the board's functions and proceedings.
History:
1955 c 806 s 14
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.15 — Public Highways In Park Districts.

398.15 PUBLIC HIGHWAYS IN PARK DISTRICTS.
When a public highway extends into or through a park area, or when a public highway forms all or part of a suitable connection between two or more park areas, and it is advisable to make alterations in the route or width of the highway or to grade, drain, pave or otherwise improve the highway, the board may enter into agreements with the public authorities in charge or control of so much of the highway as lies within the park area or which forms the whole or a part of a connecting link between two or more park areas, providing for the doing of such things, under the procedure authorized by law in case of such public authorities, and for the payment by the board of so much of the cost thereof as is agreed upon. This section does not affect the legal status of the highway.
History:
1955 c 806 s 15
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.17 — Bonds.

398.17 BONDS.
The park district board may by resolution provide for the issuance of negotiable general obligation bonds of the district in the manner specified in chapter 475, except as otherwise provided in this section, but only for the purpose of financing the acquisition and betterment of park properties and facilities or for refunding outstanding obligations of the district, and bonds shall at no time be issued in an amount such as to cause the net debt of the district to exceed five-tenths of one percent of the latest full and true valuation, as finally equalized in accordance with section 274.13. "Net debt" for the purpose of this chapter is defined as in section 475.51 except that tax anticipation notes shall be excluded therefrom. No bonds shall be issued in an amount which would cause the net debt to exceed one-tenth of one percent of such full and true valuation without first obtaining the approval of a majority of the electors voting on the question at an election called in the manner provided in section 398.16.
The ballot at any bond election shall state the maximum amount and purpose or purposes of the proposed issue, and no issue shall be invalidated by reason of the inclusion in the ballot of more than one purpose. Taxes for the payment of principal and interest on bonds, whether levied before the issuance thereof or levied subsequently to restore deficiencies in the bond sinking fund, shall not be subject to any limitation as to rate or amount and shall not be included in determining the application of any statutory limitation to other tax levies.
History:
1955 c 806 s 17; 1957 c 160 s 3
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.18 — Depositories.

398.18 DEPOSITORIES.
All funds under the control of the park district board are to be kept in depositories selected in the manner provided for the deposit of county funds insofar as those proceedings are applicable. Deposits are to be secured as provided in the case of county funds. The county treasurer shall serve as the treasurer of the board and in multicounty districts, the county treasurer of the county containing the largest portion of the district shall so serve. The treasurer shall receive and be responsible for all moneys of the district, from whatever source derived, and the same shall be considered public funds. The treasurer shall disburse the moneys of the district only on orders made by the secretary, countersigned by the chair, vice-chair, or other person authorized by the district showing the name of the claimant and the nature of the claim. No disbursements shall be certified by such officers until the same have been approved by the commissioners at a meeting thereof. The treasurer shall keep an account of all moneys received and disbursed, and at least once a year, at times to be designated by the commissioners, file with the secretary a financial statement of the district, showing in appropriate and identifiable groupings the receipts and disbursements since the last approved statement, the moneys on hand and the purposes for which the same are appropriated.
History:
1955 c 806 s 18; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.19 — Plan For Development Of Parks; Recording.

398.19 PLAN FOR DEVELOPMENT OF PARKS; RECORDING.
Within 18 months of the activation of a park district, the board for such park district shall develop and approve a written plan for development of parks within the district. Certified copies of such plan shall be recorded by the secretary of the board with the county recorders for the counties having land within the district and with the Department of Natural Resources. Such plans shall be revised and brought up to date at least every five years.
History:
1955 c 806 s 19; 1976 c 181 s 2; 2005 c 4 s 103; 2018 c 182 art 1 s 95
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.21 — Enlargement Of Districts.

398.21 ENLARGEMENT OF DISTRICTS.
When conducive to the general welfare any territory adjacent and contiguous to an existing park district, whether located within any county in which the district was created or not, may be annexed to the district under the following procedure: A petition shall be filed with the board of park district commissioners requesting such annexation, containing an accurate description of the territory proposed to be annexed, accompanied by an accurate map or plat of the territory, and signed either by one percent of the electors residing within the territory or authorized by resolutions of a majority of the councils of the cities within the area to be annexed. The board shall determine whether the petition is sufficient and whether it is advisable that the annexation be made. If the board determines in favor of the annexation, it makes application to the county board of the county in which the territory is located, setting forth the fact of the filing of the petition and the reasons why it is advisable that the territory be annexed to the district. The board may on its own motion file such petition with the county board. Upon the filing of such petition, like proceedings shall be had as are provided in section 398.20 upon application for the creation of a park district. The territory annexed may not include any city of the first class, a part only of an existing town or municipal corporation and shall not include any territory situated in any other park district activated pursuant to this chapter unless the park district board of such district consents to the transfer of such territory.
In the event of the annexation to a park district of territory located in a county other than the county or counties in which the district was created, the county board of the county in which the annexed territory is located shall exercise, with reference to the annexed territory, the powers conferred upon county boards by section 398.20 and the auditor and the treasurer of the county in which the annexed territory is located shall exercise, with reference to taxes levied and collected by the board of park district commissioners upon the annexed territory, the powers conferred upon auditors and treasurers by sections 398.16 to 398.19.
History:
1955 c 806 s 21; 1973 c 123 art 5 s 7
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.31 — Application; Exercise Of Powers.

398.31 APPLICATION; EXERCISE OF POWERS.
Except as otherwise expressly provided or indicated by the context, sections 398.31 to 398.36 apply to all counties other than Hennepin and Ramsey, in which no park districts have been activated as provided by this chapter, as amended, and the term "county" as used in said sections means any such county. Except as otherwise expressly provided, all powers vested in a county by sections 398.31 to 398.36 shall be exercised by the county board.
History:
1961 c 512 s 1; 1973 c 76 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.35 — Personnel.

398.35 PERSONNEL.
Subdivision 1.
Appointment.
The county board of any county having or proposing to establish a county park or parks may appoint a superintendent thereof and such other personnel as may be necessary for the care, maintenance, and operation thereof or for other purposes authorized by sections 398.31 to 398.36, subject to other provisions of law relating to county employees so far as applicable.
Subd. 2.
[Repealed, 2005 c 10 art 2 s 5]
History:
1961 c 512 s 5
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.36 — County Park Commission.

398.36 COUNTY PARK COMMISSION.
Subdivision 1.
Creation; delegation of authority.
The county board of any county having or proposing to establish a county park or parks may by ordinance enacted as provided by section 398.34 create a county park commission, with such provisions for membership, terms of office, and other requirements as the county board may prescribe, and may delegate to such commission, under such conditions as the county board may prescribe, authority to exercise any of the powers conferred on the board by sections 398.32 to 398.35, except the power to acquire or sell land or water or interests therein, to levy taxes, to appropriate money, or to enact ordinances. The commission may make recommendations to the county board in the respect of any matter relating to county parks requiring action by the board.
Subd. 2.
MS 2012 [Renumbered 398.37]
History:
1961 c 512 s 6
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398 — Park Systems › Section 398.37 — Provisions Are Supplementary.

398.37 PROVISIONS ARE SUPPLEMENTARY.
The provisions of sections 398.31 to 398.36 shall not repeal or supersede any existing law except so far as in direct conflict therewith, but shall be supplementary thereto.
History:
1961 c 512 s 7
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 398A — Regional Railroad Authorities › Section 398A.01 — Definitions.

398A.01 DEFINITIONS.
Subdivision 1.
Application.
The terms defined in this section are used in sections 398A.01 to 398A.08 with the following meanings, respectively.
Subd. 2.
Authority.
"Authority" means a regional railroad authority organized and existing as a political subdivision and local government unit pursuant to section 398A.03.
Subd. 3.
Bonds.
"Bonds" means any bonds, notes, or other obligations issued by an authority pursuant to section 398A.07.
Subd. 4.
Governing body.
"Governing body" means the board, council, or other body authorized by law to exercise the governmental powers of a municipality.
Subd. 5.
Municipality.
"Municipality" means any county, city, or town.
Subd. 6.
Project.
"Project" means any railroad facilities proposed to be acquired, constructed, improved, or refinanced by an authority in whole or part by the issuance of bonds, including any real or personal property, structures, machinery, equipment, and appurtenances determined by the authority to be useful or convenient for railroad operations and handling passengers or freight.
Subd. 7.
Real property.
"Real property" means lands, structures, improvements thereof, and water and riparian rights, and any and all interests and estates therein, legal or equitable, including but not limited to easements, rights-of-way, uses, leases, and licenses.
Subd. 8.
Regional Railroad Authorities Act.
"Regional Railroad Authorities Act" means sections 398A.01 to 398A.09.
History:
1980 c 616 s 1; 1983 c 216 art 1 s 66