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Clay County adopts updated Land Development Ordinance after two years of review
Summary
After more than two years of work and multiple public hearings, the Clay County Board of Commissioners adopted ordinance 2025-5 updating zoning, shoreland, floodplain and subdivision regulations to implement the county's 2045 comprehensive plan.
The Clay County Board of Commissioners adopted Ordinance 2025‑5 on June 3, updating the county's Land Development Ordinance, zoning and subdivision regulations after a public hearing and months of Planning Commission review.
Planning Director Matt walked the board through the update, which he said began in April 2023 to align local rules with the county's 2045 Comprehensive and Transportation Plan and to modernize standards for changes in development and natural‑resource protection.
"The purpose and intent of this Land Development Ordinance is to promote the public health, safety, morals, and general welfare," Matt said as he summarized the structure of the draft. The update adopts model state guidance in several places: floodplain provisions were revised to match current state and NFIP rules, shoreland regulations were aligned with the State of Minnesota's Model Shoreland Ordinance, and floodplain language was updated to incorporate a one‑foot freeboard requirement above base‑flood elevations.
Notable code changes discussed by staff and commissioners include: - Permit exemptions for small accessory structures: building permits will not be required for structures 144 square feet or less if on a foundation, and 400 square feet or less if not on a foundation (setbacks still apply). - Clarified nonconforming building provisions, including a residential real‑estate exemption that allows replacement of a fully destroyed residential structure on its original footprint. - Floodplain updates that adopt the state's model language, including the one‑foot freeboard requirement and retention of a residential basement exception used in the Red River Valley. - Resource protection overlays: new and clarified protections for aggregate resources, biologically significant areas and wellhead protection zones; staff recommended retaining language that prohibits bulk hazardous‑material storage and new underground tanks within wellhead protection overlays, with an added definition for "hazardous materials." - Use‑table and development‑standards updates: added agritourism and temporary agricultural employee housing as regulated uses; updated standards for wind and solar energy systems; added accessory dwelling units as a permitted use in some districts; adjusted outdoor vehicle/storage limits for inoperable vehicles.
Representatives from Moorhead Public Service had submitted comments on wellhead protection, and Mark Pritchard, Morehead Public Service's water plant manager, spoke in support of the measure after the hearing: "I thought there was good discussion ... and I think that with the discussion about the definitions to be added and a few other things, I think that this will really help Moorhead Public Service continue on with our wellhead protection plan," he said.
Commissioner Wardle moved to adopt Ordinance 2025‑5 with the staff‑recommended modifications discussed at the hearing, including adding a hazardous‑materials definition and the clarified language for public‑utility‑connected commercial uses; Commissioner Ebinger seconded. A roll‑call vote followed; the motion carried unanimously.
The board and staff emphasized the ordinance remains subject to future amendments and that the new ordinance will give the county a consolidated, modernized land‑use code to apply when reviewing subdivisions, conditional and interim use permits, and other land‑use applications.
