Navigating Real Estate Development: Governmental Approvals and Statute 505
Government’s interest in land is far more than casual. Indeed, one could easily argue that the very concept of “government” exists because of land – or, more specifically, humanity’s insatiable appetite for conflict over it.
This brings us to Minnesota Statute 505, which dictates how professional surveyors are supposed to create plats, coordinates and surveys in The North Star State. MN §505.03, aptly titled “Governmental Approval,” lays out the process required before a plat receives official approval.
As is commonly the case with government literature, the language of MN §505.03 is rather impenetrable. This article is intended to break it down into more easily understood terms, so non-surveyors can grasp its purpose and how it may affect their plans for real estate development.
Disclaimer: Compass Consultants is not a law firm. We are not attorneys; we are not qualified to give legal advice. No information contained on this website is intended to be construed as legal advice.
Subdivision 1: City, Town, and County Approval
A plat must be presented for approval to the council of the city (or town board) in which the plat is located, along with an abstract and certificate of title (or other satisfactory evidence of title*). If the land exists outside the limits of a city or town, then the plat and necessary accompanying documents shall be presented to the appropriate board of county commissioners.
If a plat subdivides land, then it is subject to approval of the elected body of the local governmental units exercising authority over the subdivision of the land. If a plat only delineates an existing parcel of land – or complies with a minor subdivision procedure – then it may be approved by whichever official local government was appointed for that purpose.
*Whatever constitutes “satisfactory evidence of title” is to be determined by the appropriate governing body, but must include abstract of title, certificate of title, title opinion, title commitment, or title policy.
Subdivision 2 – Plat Approval; Road Review
If a proposed preliminary plat includes land abutting (A) a state rail bank property, or (B) an existing (or proposed) trunk highway, then it must first be presented by the city, town, or county to the commissioner of transportation for comments and recommendations. Preliminary plats involving (A) state rail bank property or (B) both a trunk highway and a highway under county jurisdiction must be submitted by the appropriate city, town or county to the county highway engineer as provided in MN §505.03 Subdivision 2 (b) and (c) (outlined here) and to the commissioner of transportation. Subdivision 2 proceeds to define time limits for this process.
Subdivision 2 (d) defines what a preliminary drawing (or print of a proposed preliminary plat) must include in order to be reviewed by the commissioner of transportation or county highway engineer. These are:
- The outlet for (and means of disposal of) surface waters from the proposed platted area
- The land use designation (or zoning category) of the proposed platted area
- The locations of ingress and egress to the proposed platted area
- The preliminary site plan for the proposed platted area, with dimensions to scale, authenticated by a registered engineer or land surveyor, showing: (A) the state rail bank property, (B) the existing or proposed state highway, county highway or county road, and (C) all existing and proposed rights-of-way, easements, general lot layouts and lot dimensions.
Subdivision 3 – Check, Approval, Expenses, Certification
The council (or other board to which the plat was presented) may employ qualified people to (A) check and verify the survey(s) and plat and (B) determine the latter’s suitability from a community planning standpoint. Once they have submitted their full report, the council may require reimbursement from the proprietor for those findings. Subdivision 3 proceeds to explain how reimbursement is calculated, and states that the plat is certified upon approval by the city, town clerk or county auditor.
Are you planning a new land development? Then you cannot reasonably expect its plat to receive government approval unless you involve a land surveyor in the process. If you would like to ensure everything goes smoothly, then we encourage you to contact Compass Consultants today for expert plat surveying in Minnesota, North Dakota or South Dakota!
