Bill Would Require Emergency Shelters as a Permitted Use in Most Zoned Areas

The proposed bill would require cities to allow emergency shelter facilities in zones designated for multifamily, commercial, or industrial uses.

On March 26, the House Elections Finance and Government Operations Committee heard HF 1299, sponsored by Rep. Kari Rehrauer (DFL-Coon Rapids). The bill would require all cities to permit emergency shelter facilities — defined as a safe, sanitary, accessible, and suitable emergency shelter for individuals, families, or both, experiencing homelessness — as a permitted use on any lot zoned for multifamily residential, commercial, or industrial uses. This would apply regardless of whether the shelter operates during the day, overnight, or both.

The bill was laid over for possible inclusion in a future omnibus bill. The Senate version, SF 1999 (Sen. Doron Clark, DFL-Minneapolis), is awaiting action in the Senate State and Local Government Committee.

City concerns and local control

During testimony, the League acknowledged the urgent need for additional shelter capacity to address housing instability and homelessness, but raised concerns that the bill would limit local land use planning and zoning authority. As written, it would prevent cities from applying controls related to size, scale, or spacing of shelters, and raises concerns about shelters being located in inappropriate areas like heavy industrial zones.

Proposed amendment and vote

During the hearing, Rep. Ben Davis (R-Merrifield) introduced an amendment to HF 1299 (pdf) that would have allowed cities to regulate shelters through a conditional use permit. This would have enabled local governments to apply reasonable conditions to ensure proper maintenance and operation of the facilities, without imposing stricter requirements than those applied to other conditional or special uses in the same zones. However, the amendment failed on a voice vote.

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