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08-03-2016 PC
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08-03-2016 PC
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Temporary Dwelling Legislation Becomes <br />Law <br />Cities may opt out of permitting temporary family dwellings, but they must pass an <br />ordinance to do so. <br />(Published May 16, 2016) <br />A bill creating a new process for local governments to permit certain types of recreational <br />vehicles as temporary family dwellings was signed into law by Gov. Dayton on May 12. Chapter <br />111 (SF 2555, Sen. John Hoffman, DFL-Champlain, and Rep. Roz Peterson, R-Burnsville) <br />previously passed the House floor on a vote of 113-17. <br />Purpose of the law <br />The main stated motivation behind the new law is to provide transitional housing for seniors. For <br />example, if a family wanted to keep a close eye on grandma while she recuperates from surgery, <br />they could have grandma stay in a temporary family health care dwelling in the yard or <br />driveway. <br />The law has a broader effect than that, however, with anyone who needs assistance with two or <br />more “instrumental activities of daily life” for mental or physical reasons eligible to be housed in <br />this manner. <br />Summary of changes <br />The League worked extensively with the authors and proponents and with other local <br />government organizations throughout the legislative process to craft a law that is manageable for <br />cities and counties. <br />Local governments may opt out of this program if they determine that this type of expedited land <br />use permitting for temporary dwellings is not well-suited to their community. Many communities <br />have communicated that property owners in their jurisdiction have adequate access to a permit <br />for this type of use through existing local land use controls and permitting authority. <br />Cities must pass ordinance to opt out <br />To be clear, unless a city chooses not to participate in this program by passing an ordinance <br />specifically opting out, the law will require the city to issue permits to qualified applicants <br />starting on Sept. 1, 2016. A permit can be denied for appropriate cause. The law lists the <br />information required and the requirements that may be considered in that decision. <br />The final act has the following key components: <br />• Creates a new type of permit referred to as a temporary dwelling permit that has a six- <br />month duration, with an option to extend the permit for six months. <br />• Requires that the permit be for a property where the caregiver or relative resides.
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