If, as the old saying goes, states are the laboratory of democracy in our country, then counties, townships and cities are surely the shop floors, where citizens have a direct hand in crafting solutions to their needs and protecting their communities. On Thursday, January 26, the Minnesota House Government Operations and Elections Committee will attempt to tie the hands of local governments by limiting their power to enact temporary or interim ordinances. This erosion of democracy comes at a moment when many small communities find themselves contending with corporations whose net values are greater than that of many countries, and whose influence and legal power dwarf the capacity of cash-strapped local governments to evaluate and respond to their corporate agenda.
The bill will limit communities’ ability to say “Slow Down!” to developers, mining companies, big box stores, toxic waste and other businesses.
Rural communities in particular often find themselves being rushed to act with the threat that if they don’t go along, the outside developer will move on to other townships that are more accommodating. Economic opportunities deserve the serious consideration that local governments are willing to give. With Minnesota’s strong tradition of citizen engagement and civic participation, it is a travesty to say that local governments can’t make important decisions on what is in their best interest. We have today and tomorrow to let Minnesota representatives know that our counties and local communities are not ready give up the power to make informed decisions.
IATP’s friends at the Land Stewardship Project have taken the lead in calling for action on this bill. We urge you to join them and IATP in calling your legislator today!
Bill that Weakens Township & Community Rights Up in the House Thursday, Jan. 26, at 10:15 a.m.
Calls Needed NOW! Last legislative session we stopped attempts by corporate interests to weaken township and community rights in Minnesota. This year they are taking the issue up right away. This Thursday, at the very first meeting of the House Government Operations and Elections Committee, lawmakers will take up House File 389 (Beard, Quam, Nelson, Sanders) which weakens township, county and city local control.
House File 389 will make it more difficult for citizens who want their township, county or city to take action to protect the community from unanticipated, harmful development. The bill does this by weakening the power of local governments to enact interim ordinances. An interim ordinance allows local governments to quickly put a temporary freeze on major development. This power is essential when the community is caught off-guard by unanticipated and potentially harmful proposals, especially those from outside corporate interests and outside investors, such as big box stores like Walmart or a large-scale factory farm. An interim ordinance freezes the status quo and gives the community time to review or create the appropriate zoning ordinances. (More details below.)
TAKE ACTION! Make these calls TODAY.
1. Contact the bill’s author Rep. Michael Beard (R-Shakopee) at
651-296-8872 or 800-657-3550 or
rep.mike.beard@house.mn.
2. Contact these key members of the House Government Operations and Elections Committee:
Here is a suggested message: “Minnesotans value strong local control and township rights. House File 389 authored by Rep. Beard undermines these rights, specifically the right to enact an interim ordinance. I urge you to oppose it. An interim ordinance allows the township, county or city to quickly put a temporary freeze on major development. This power is essential when the community is caught off-guard by unanticipated proposals, especially those from outside corporate interests. This power needs to stay strong. Weakening local control should be off the table.”
If you have more time, contact these other members members of the committee:
More details on this legislation:
- House File 389 is authored by Reps. Beard (R-Shakopee); Quam (R-Byron); Nelson (DFL-Brooklyn Park); Sanders (R-Blaine)
- Senate File 270 (the Senate companion) is authored by Sen. Limmer (R-Maple Grove).
Interim ordinances are a part of strong local control. An interim ordinance allows a city, county or township to quickly put a temporary freeze on major development. This is necessary when the community is caught off guard by unanticipated and potentially harmful development. This power has been attacked repeatedly by corporate interests over the years.
The power to enact an interim ordinance matters. For example, communities in southeast Minnesota have been bombarded with outside corporate interests wanting to mine for sand to be used in frac mining. These mining proposals are much different in scale and scope from the aggregate mining that takes place there now. In response to citizen concerns, Wabasha, Goodhue and Winona counties enacted interim ordinances that put a moratorium on frac sand mining while they study the issue to see if their current ordinance are sufficient to deal with this new type of mining.
Here are the details of how these bills weaken local control:
- Under the proposed legislation, merely applying for a permit exempts a proposed development from any future interim ordinance. But all too often neighbors do not get any information about a project until AFTER the permit has been applied for. When that happens, an interim ordinance may be needed to freeze the status quo and create time to assess the situation.
- The legislation requires a two-thirds vote (a super majority) to enact an interim ordinance. Currently, an interim ordinance can be enacted by a simple majority — that’s how democratic rights should work. There is no reason to make adopting an interim ordinance so difficult.
- The legislation slows the process for enacting an interim ordinance by mandating public notice and a hearing before an interim ordinance can be enacted. In many cases, a local unit of government — particularly a township — does not get complete information on a proposed development until shortly before approval. In those cases, there can be legitimate concerns that the local government needs to address. When that happens, an interim ordinance must be enacted quickly to be effective. An interim ordinance can only be adopted at a public meeting but currently no special notice is required to be given that the interim ordinance may be considered at the meeting. The fact is that the very nature of an interim ordinance is to address unanticipated situations and so there are times when it must be enacted quickly as an emergency measure.
