When is a Permit Required?
One of the first steps to any successful construction project is to obtain the necessary building permits. Building permits are regulated locally and will vary depending on the town or city your project is located in. Generally, you will need a building permit for any new construction, reconstruction, or structural change to an existing building in Minnesota. This might even include detached structures such as fences or decks. Substantial electrical and plumping work will also likely require a permit.
Obtaining a Building Permit in Minnesota
In order to obtain a building permit in Minnesota, you need to file an application with the local government in the town where the property in question is located. Most cities and towns administer the State Building Code and maintain a building division or permit office responsible for reviewing building plans and issuing permits, but administration is mandatory only for municipalities that had adopted the code by January 1, 2008 (with an exception for towns under 2,500 population outside a metropolitan county) (Minn. Stat. § 326B.121, subd. 2); where a municipality does not administer the code, the state building official or a contracting municipality handles plan review and inspection instead (Minn. Stat. § 326B.153, subd. 4). In some instances, you may also need to apply for a permit from the county government as well. For instance, in Dakota County, the various cities and towns are responsible for issuing building permits but the county itself is responsible for issuing any permits for construction projects taking place within designated shoreland or floodplain areas. An application will at the very least require you to disclose your address, a legal description of the property, and a description of the scope of the proposed project.
When attempting to obtain building permits, it is important to involve a lawyer as soon as any problems arise so that all potential options are preserved and not waived. Local governments might sometimes attempt to impose excessive fees or certain conditions in exchange for a permit. Under Minnesota law, permit fees must be fair, reasonable, and proportionate, with a nexus to the actual cost of the service the municipality is providing (Minn. Stat. § 462.353, subd. 4); building permit fees specifically follow the valuation-based schedule in Minn. Stat. § 326B.153, subd. 1 or the municipality’s own adopted schedule. A separate essential-nexus and rough-proportionality-to-impact standard applies to subdivision dedications and fees in lieu of dedication, not to permit fees generally (Minn. Stat. § 462.358, subd. 2c). The fourteenth amendment and the Minnesota Constitution require that “one applicant not be preferred over another for reasons unexpressed or unrelated to the health, welfare, or safety of the community or any other particular and permissible standards or conditions imposed by the relevant zoning ordinances.” Northwestern College v. City of Arden Hills, 281 N.W.2d 865, 869 (Minn.1979)).
Most cities throughout Minnesota will have resources online to provide more information about applying for building permits within their jurisdictions. For example, Minneapolis has online resources at https://www.minneapolismn.gov/business-services/licenses-permits-inspections/construction-permits/permits-overview/permit-types/building-permits/ to help guide individuals through the building permit process.
