CCP 08-09-1999 - Laserfiche WebLink

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e e e I 1999 session. In addition to individual bills, it is anticipated that amendments to the 2 Community Based Planning Act of 1997 may be introduced. These amendments may 3 attempt to make part of the Minnesota Statutes those portions of the Minnesota 4 Constitution that relate to property rights. The federal government's Swamp- Buster/Sod 5 Buster programs, the Army Corps of Engineer's dredge and fill programs, and the state's 6 Wetlands Conservation Act and Community Based Planning Act, appear to be the nexus 7 for much of the property rights and takings legislation proponents. 8 9 While the League is committed to the need for local government units to balance the 10 rights of private landowners with the interest of the public, the League is concerned these 11 legislative initiatives will adversely impact cities in two ways. First, such legislative 12 initiatives un.derrnine the fundamental authority of cities to protect the public health, 13 safety, and welfare of its citizens. Second, if the Legislature codifies certain provisions 14 of the Minnesota Constitution, an argument may be made the Legislature intended-to 15 create new causes of action against cities. This would encourage more lawsuits and 16 expose cities to the expense of defending those cases. 17 18 Response: The League opposes legislation that harms the ability of cities to act in 19 the best interests of the health, safety, and welfare of its citizens or that creates the 20 possibility of additional lawsuits against cities. The League encourages the state and 21 federal governments to improve their regulatory programs by eliminating those 22 property rights issues that were caused by the adoption of such laws as the 23 Wetlands Conservation Act or Swamp Buster/Sod Buster. 24 25 SD-15. Statewide Building Code (rs) 26 [maintain current policy] 27 28 Issue: The Govemor's Construction Codes Advisory Council has indicated it may be 29 recommending legislation to institute a statewide building code. The International 30 Organization for Standardization (ISO) is expected to evaluate Minnesota's building 31 codes and enforcement by the year 2000. There is some expectation on the part of 32 council members that ISO will act as the catalyst for a statewide building code. Many 33 cities have adopted the state building code. All cities within the seven-county 34 metropolitan area are required to adhere to the state building code. 35 36 Response: A building code provides many benefits including unifonnity of 37 construction standards in the industry, consistency in code interpretation and 38 enforcement, and life safety guidance. However, the enforcement of a building code 39 can be cost prohibitive for many cities due to the expenses and overhead related to 40 staff'mg vs. the limited building activity occurring in some communities. The 41 adoption of the state building code should remain a local option for municipalities 42 outside the seven-county metropolitan area, unless the state participates in fully 43 funding the costs of enforcement and inspection services related to a statewide- 44 enforced building code. 45 8