McLeod County adopts zoning rules for cannabis: setbacks, hours and conditional-use requirements

The McLeod County Board of Commissioners voted to amend the county zoning ordinance to add land-use rules for cannabis and hemp businesses, including setback distances from schools and churches, limits on hours of sale and new conditional-use requirements for indoor cultivation and temporary events.

The rules, adopted at the county board meeting, incorporate by reference state cannabis rules and establish where different types of cannabis-related activity may locate in unincorporated McLeod County and what approvals will be required.

Mark, a McLeod County Environmental Services staff member who presented the proposed changes, told the board the definitions and many provisions are drawn from the state rule: "These definitions come directly out of Minnesota rule 98 10, and they are specific to cannabis," and he said the county would amend its ordinance to include that rule by reference. The amendments add indoor cannabis and hemp cultivation as a conditional use in the agricultural district; allow cannabis retail and lower-potency hemp edible retailers through conditional use in the highway business district; and permit cannabis manufacturing in the county's industrial district.

The ordinance sets minimum separation distances and operating hours. Under the new rules the county prohibits cannabis and hemp businesses within 1,000 feet of the property boundary of a school or church, and within 500 feet of the property boundary of a daycare, a residential treatment facility, or a public park, playground or athletic field. The county also restricts retail sales to 10 a.m. through 9 p.m. Monday through Saturday and 10 a.m. to 2 p.m. Sunday. Temporary cannabis events require conditional-use approval and are limited to Monday through Saturday, 10 a.m. to 6 p.m.; permitted events must meet the county's large-assembly ordinance and may not allow on-site consumption unless the location is licensed for on-site consumption.

County Attorney Hinch told the board his office reviewed the language: "My office has had an opportunity to review it and '' the goal was to approach these land-use issues in a way that's as consistent as possible with what we're already doing in the county," he said. The attorney also noted the land-use changes do not override a previously adopted county cannabis-use ordinance that places limits on licenses; those limits remain in effect.

A resident with subject-matter experience, Greer Montgomery, attended the planning commission hearing and provided input on setbacks specific to his property north of Glencoe; the planning staff told the board they had considered that feedback. The presentation and discussion made clear the zoning amendments apply only to unincorporated areas of McLeod County and do not affect municipal zoning within city boundaries.

Board members asked about whether the county must track future state changes. Mark responded that the county is adopting the state rule "by reference," and that adoption lets the county remain at least as restrictive as state requirements: "We cannot be less restrictive than Minnesota rule," he said. Commissioners also discussed the decision not to impose a local numerical cap on retail or manufacturing facilities in the zoning text; planning staff reminded the board that a separate county cannabis-use ordinance continues to limit the number of licenses.

The board approved the zoning amendments by vote after the public hearing and planning commission recommendation.

Next steps noted by staff: if the county wants to change any provision in the ordinance it must hold a public hearing to amend the ordinance, and staff said future performance standards (for example, odor, water use, noise and energy) could require additional updates or conditional-use conditions as individual applications are reviewed.