Minnesota Statutes

Minn. Stat. § 394.22 (2026)

Definitions

✓ current as of May 2026

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Subdivision 1.Application.

The words or terms as used in sections 394.21 to 394.37 have the meanings given them in these sections unless a different meaning is clearly indicated by the context.

Subd. 1a.Airport safety zone.

"Airport safety zone" means an area subject to land use zoning controls adopted under sections 360.061 to 360.074 if the zoning controls regulate (1) the size or location of buildings, or (2) the density of population.

Subd. 2.Board.

"Board" means the board of county commissioners.

Subd. 3.Governing body.

"Governing body" means a town board of supervisors, the council of a municipality, or board of county commissioners.

Subd. 4.Municipality.

"Municipality" means a city however organized.

Subd. 5.

MS 1971 [Repealed, 1974 c 571 s 51]

Subd. 6.Official control.

"Official control" means legislatively defined and enacted policies, standards, precise detailed maps, and other criteria, all of which control the physical development of a municipality or a county or any part thereof or any detail thereof, and are the means of translating into ordinances all or any part of the general objectives of the comprehensive plan. Such official controls may include but are not limited to ordinances establishing zoning, subdivision controls, site plan rules, sanitary codes, building codes, housing codes, and official maps.

Subd. 7.Conditional use.

"Conditional use" means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that (1) certain conditions as detailed in the zoning ordinance exist, and (2) the use or development conforms to the comprehensive land use plan of the county and (3) is compatible with the existing neighborhood.

Subd. 8.Nonconformity.

"Nonconformity" means any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized.

Subd. 9.Comprehensive plan.

"Comprehensive plan" means the policies, statements, goals, and interrelated plans for private and public land and water use, transportation, and community facilities including recommendations for plan execution, documented in texts, ordinances and maps which constitute the guide for the future development of the county or any portion of the county.

Subd. 10.Variance.

"Variance" means any modification or variation of official controls where it is determined that, by reason of exceptional circumstances, the strict enforcement of the official controls would cause unnecessary hardship.

Subd. 11.Town.

"Town" means any town, including those with the powers of a statutory city pursuant to law.

Subd. 12.Official map.

"Official map" means a map adopted in accordance with section 394.361, which may show existing county roads and county state-aid highways, proposed future county roads and highways, the area needed for widening existing county roads and highways, and existing and future state trunk highway rights-of-way. An official map may also show the location of existing public land and facilities and other land needed for future public purposes, including public facilities such as parks, playgrounds, schools, and other public buildings, civic centers, airports, and travel service facilities. When requested in accordance with section 394.32, subdivision 3, an official map may include existing and planned public land uses within incorporated areas.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1985–2025 · leading case: C & R STACY, LLC v. Cnty. of Chisago, 742 N.W.2d 447 (Minn. Ct. App. 2007).

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C & R STACY, LLC v. Cnty. of Chisago, 742 N.W.2d 447 (Minn. Ct. App. 2007). · cites it 15× “18 is an “official control” as defined by Minn.Stat. § 394.22 (2006); and (4) as an “official control,” appellant’s failure to follow public-notice hearing procedures and failure to adopt an ordinance resulted in a taking of respondents’ property rights without compensation.”

In Re Stadsvold, 754 N.W.2d 323 (Minn. 2008). · cites it 4× “10 (2006) (defining "variance" as "any modification or variation of official control where it is determined that, by reason of exceptional circumstances, the strict enforcement of the official controls would cause unnecessary hardship"). There are two types of variances: use…”

Calm Waters, LLC v. Kanabec Cnty. Bd. of Commissioners, 756 N.W.2d 716 (Minn. 2008). · cites it 8× “The definition of "official control" in Minn.Stat. § 394.22, subd. 6 (2006), further illustrates the connection between a subdivision application and "zoning.”

Appeal of Kenney, 374 N.W.2d 271 (Minn. 1985). · cites it 3× “Minn.Stat. § 394.22, subd. 6 (1984). The Board of Adjustment has the authority to issue variances “from the terms of any official control including restrictions placed on nonconformities.”

Iron Rangers for Responsible Ridge Action v. Iron Range Resources, 531 N.W.2d 874 (Minn. Ct. App. 1995). · cites it 2× “§ 394.22, subds. 6, 7 (1992). The project is located on state lands and the Commissioner of the IRRRB agreed to submit the project to the county's land use regulations.”

Buss v. Johnson, 624 N.W.2d 781 (Minn. Ct. App. 2001). · cites it 2× “” Minn.Stat. § 394.22, subd. 6 (2000). Minn.”

PTL, LLC v. Chisago Cnty. Bd. of Commissioners, 656 N.W.2d 567 (Minn. Ct. App. 2003). · cites it 2× “Compatibility with the public’s health, safety, and general welfare of the local government’s comprehensive land-use plan is an appropriate consideration in approving an application for a conditional use.”

Motokazie! Inc. v. Rice Cnty., 824 N.W.2d 341 (Minn. Ct. App. 2012). · cites it 2× “51, subdivision 1, to include the phrase “[a] public hearing shall be held prior to enactment of any ordinance adopting or amending a comprehensive plan or official control as defined in section 394.22”). Thus, section 394.312 did not require any changes to RCZO § 503.”

In re the Decision of Cnty. of Otter Tail Bd. of Adjustment to Deny a Variance to Stadsvold, 754 N.W.2d 323 (Minn. 2008). · cites it 4× “10 (2006) (defining “variance” as “any modification or variation of official control where it is determined that, by reason of exceptional circumstances, the strict enforcement of the official controls would cause unnecessary hardship”). There are two types of variances: use…”

Haverhill Twp. v. Cnty. of Olmsted, 674 N.W.2d 781 (Minn. Ct. App. 2004). · cites it 4× “" Minn.Stat. § 394.22, subd. 6 (2000). 2 . As used in Minn.”

In re Cottonwood Cnty.’s Decision on the Need for an Env't Impact Statement for the Proposed Sioux Rock Quarry ... (Minn. Ct. App. 2025). · cites it 2× “2 (2008); see also Minn. Stat. §§ 394.22 , subd. 7 (defining conditional use), .”

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