Land Use & Zoning
A Minnesota city enacts a 'tree preservation ordinance' requiring developers to preserve significant trees or pay mitigation fees. This ordinance is:
ABeyond the city's zoning authority
BWithin the city's authority to regulate development to protect natural resources✓ Correct
COnly applicable to trees on public property
DA taking requiring compensation to all affected property owners
Explanation
Minnesota cities have broad authority to adopt tree preservation ordinances under their zoning and police powers to protect natural resources and community character. Tree preservation contributes to stormwater management, air quality, and aesthetic values.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Fiduciary DutyThe highest legal duty an agent owes to a principal — requiring the agent to act in the principal's best interest above all others.
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