Minnesota § 115A.28 FINAL DECISION

Minnesota Statutes

§ 115A.28 — FINAL DECISION

Minnesota § 115A.28

PartENVIRONMENTAL PROTECTION

Ch. 115AWASTE MANAGEMENT

This text of Minnesota § 115A.28 (FINAL DECISION) is published on Counsel Stack Legal Research, covering Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minn. Stat. § 115A.28 (2026).

Text

Subdivision 1.
[Repealed,1996 c 310 s 1]

Subd. 2.Decision paramount.
The agency's decision shall be final and shall supersede and preempt requirements of state agencies and political subdivisions and the requirements of sections473H.02to473H.17; except that a facility established pursuant to the decision shall be subject to terms, conditions, and requirements in permits of state or federal permitting agencies, the terms of lease determined by the agency under section115A.06, subdivision 4, and any requirements imposed pursuant to subdivision 3. Except as otherwise provided in this section, no charter provision, ordinance, rule, permit, or other requirement of any state agency or political subdivision shall prevent or restrict the establishment, operation, expansion, continuance, or closu

Free access — add to your briefcase to read the full text and ask questions with AI

Subdivision 1.
[Repealed,1996 c 310 s 1]

Subd. 2.Decision paramount.
The agency's decision shall be final and shall supersede and preempt requirements of state agencies and political subdivisions and the requirements of sections473H.02to473H.17; except that a facility established pursuant to the decision shall be subject to terms, conditions, and requirements in permits of state or federal permitting agencies, the terms of lease determined by the agency under section115A.06, subdivision 4, and any requirements imposed pursuant to subdivision 3. Except as otherwise provided in this section, no charter provision, ordinance, rule, permit, or other requirement of any state agency or political subdivision shall prevent or restrict the establishment, operation, expansion, continuance, or closure of a facility in accordance with the final decision and leases of the agency and permits issued by state or federal permitting agencies.

Subd. 3.Local requirements.
A political subdivision may impose reasonable requirements respecting the construction, inspection, operation, monitoring, and maintenance of a facility. Any such requirements shall be subject to review by the agency to determine their reasonableness and consistency with the establishment and use of a facility in accordance with the final decision and lease of the agency and to determine their reasonableness and consistency with permits of state and federal permitting agencies. The agency may approve, disapprove, suspend, modify, or reverse any such requirements. The decision of the agency shall be final.

Legislative History

1980 c 564 art 3 s 11;1981 c 352 s 22;1983 c 373 s 33-35;1984 c 644 s 29;1985 c 248 s 70;1986 c 425 s 47;1986 c 444;1989 c 335 art 1 s 269;1Sp2005 c 1 art 2 s 161;2007 c 13 art 3 s 9