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O1/12/21 REVISOR MS/EH 21-01463 <br />2.1 Sec. 2. Minnesota Statutes 2020, section 462.358, is amended by adding a subdivision to <br />2.2 read: <br />2.3 Subd. 13. Street impact fee nexus. (a) There must be an essential nexus between the <br />2.4 fee imposed under subdivision 12 and the municipal purpose for the fee. The fee must bear <br />2.5 a rough proportionality to the need created by the proposed subdivision or development. <br />2.6 (b) If a municipality is given written notice of a dispute over a proposed fee before the <br />2.7 municipality's final decision on an application, a municipality must not condition the approval <br />2.8 of any proposed subdivision or development on an agreement to waive the right to challenge <br />2.9 the validity of a fee. <br />2.10 (c) An application may proceed as if the fee had been paid, pending a decision on the <br />2.11 appeal of a dispute over a proposed fee, if: (1) the person aggrieved by the fee puts the <br />2.12 municipality on written notice of a dispute over a proposed fee; (2) prior to the municipality's <br />2.13 final decision on the application, the fee is deposited in escrow; and (3) the person aggrieved <br />2.14 by the fee appeals under section 462.361 within 60 days of the approval of the application. <br />2.15 If an appeal is not filed by the deadline or the person aggrieved by the fee does not prevail <br />2.16 on the appeal, the funds paid into escrow must be transferred to the municipality. <br />Sec. 2. 2 <br />