AUTHORITY

Minnesota counties have the authority, through state law, to enact local ordinances and grant permits for the operation of businesses.

Dog breeding operations in Winona County are granted Conditional Use Permits (CUPs) or Interim Use Permits (IUPs), which fall under the county’s zoning ordinance. When deciding whether to issue these permits, county boards focus primarily on land use issues, such as the impact to roads, traffic, noise (to neighbors), signage, and other related factors.

Local authority and animal welfare
There has been discussion about whether a county has the legal authority to consider the welfare of animals in enacting "land use" policies and ordinances. As explained below, the state does not exclude animals from the general welfare of the community.
Minn. Stat. sec. 394.21 declares that the authority of counties to regulate land use is to promote the "health, safety, morals and general welfare of the community."

  • Minn. Stat. sec. 394.21 Authority to carry on county planning and zoning
    Subd. 1 "For the purpose of promoting the health, safety, morals and general welfare of the community, any county in the state … has authority to carry on county planning and zoning activities."
  • Minn. Stat. sec. 394.301 Conditional Use Permits 
    Subd. 2 "... In connection with ordering the issuance of a conditional use permit the designated approval authority may impose such additional restrictions or conditions as it deems necessary to protect the public interest, including but not limited to matters relating to appearance, lighting, hours of operation and performance characteristics.”

Note the words above: Counties have the authority to promote the "moral and general welfare" and "to protect the public interest." But these purposes are not exclusive ("not limited to..."). Thus, the welfare of animals is part of the public interest and can be promoted and protected through county ordinances.

Other state laws also address animal issues and the adoption of local ordinances.
  • Minn. Stat. chapter 145A applies to powers given by the state to Community Health Boards. Section 145A.05 subdivision 2 under this law addresses local ordinances with specific powers for animal control: Subd. 2. Animal Control. "In addition to powers under sections 35.67 to 35.69, a county board, city council, or municipality may adopt ordinances to issue licenses or otherwise regulate the keeping of animals, to restrain animals from running at large, to authorize the impounding and sale of summary destruction of animals, and to establish pounds." Regulation for the "keeping of animals" can also include standards for the welfare of animals.
  • Minn. Stat. chapter 375 applies to powers given by the state to County Boards. Section 375.51 applies to ordinances. Subdivision 3 allows a county board to reference and incorporate in a local ordinance any Minnesota state statute or regulation that addresses "public health, safety, or general welfare." Animals are included in general welfare.

PERMIT PROCESS

​When seeking a conditional use permit, a breeding business, known as the petitioner, must first apply to the county for the permit. In Winona County, the application is then reviewed by the Planning Department staff who makes a recommendation for approval or denial. This recommendation is submitted to the Planning Commission who discusses and votes on the permit before forwarding all information and their vote to the County Board for final discussion and approval or denial. 

This process is defined in the Zoning Ordinance and guided by the Winona County Comprehensive Plan.
​

PERMIT CONDITIONS

​Before granted, conditions are placed on the permit that the business must agree to comply with. These conditions may vary. Examples are below and at right.

Of key importance: Enforcement. Any law, whether, local, state, or federal, is only as good as who enforces it. This has been the problem with federal and state licensing. As for local government and oversight, multiple conditions could be placed on a permit but the county, then, must have staff qualified and trained in canine health (which includes physical and mental health and social well-being) to ensure proper enforcement and protect the welfare of the animals.
Local permits have been granted to Winona County breeders. It has been learned the county has not regularly checked if the breeders have been complying with all conditions. See examples below.

Further, Winona County planning staff has stated that the issue of "animal welfare" is not the responsibility of the county; instead, the county has directed animal welfare to the state and federal government, including veterinary care, socialization and enrichment practices for the dogs, and adequate staffing to observe the animals and take prompt action on health problems.
  • Condition: Animal limits
    Some permits in Winona County have no limits on the number of dogs or puppies; some have a limit of 50, 75, or 85 adult dogs (with unlimited puppies). As of this date, there is no confirmation if Winona County has ensured compliance with this condition for each facility. 

  • Condition: State regulations and standards
    Many of the Winona County permits for dog breeding facilities state: "Petitioner must comply with all relevant regulations and standards of Winona County and the State of Minnesota." It is unclear if all permitted breeders are in compliance with "all regulations and standards" of the State. For example, some breeders in Winona County are required to have a state license; if they do not, they may be in violation of their CUP/IUP and state law. Operating without a state license is a misdemeanor under Minn. Stat. sec. 347.62(d). 
    NOTE: ​There are different state laws applicable to the care of pet and companion animals. In addition to the cat and breeder licensing law (scroll to section 347.57 - .65), examples of other state laws include:
  • Condition: Random inspections
    One condition on the permits for some commercial dog breeding facilities allows for random inspections by county staff. It appears that Winona County has conducted a few random inspections. Example: Per the CUP for Leroy Yoder (approved 01-05-16), condition 7 states: "Allow other County Staff to perform inspections at 3, 6, 9, and 12 months and then annually thereafter." As of this date, it is unknown if the county performed inspections or has qualified staff to do so. NOTE: In 2012, Animal Folks filed an animal cruelty complaint against Leroy Yoder; no legal action was taken by authorities to hold this breeder accountable for violations of law. 

  • Condition: Building structure
    Buildings containing and confining animals should be structured in such a way as to address the needs of the animals. This may include ventilation, lighting, temperature control, caging size and materials, drainage and sanitation, and other factors. Most of these standards are not listed specifically as conditions in the Winona County permits; however, these standards are outlined in state laws which the breeder must comply with. If deferred to state law, the county should verify if state oversight is provided. 

​PERMIT COMPLIANCE

The County has a duty to monitor and enforce compliance with permit conditions.

Minnesota Statutes Chapter 394 expressly directs county boards to enforce a county's zoning ordinance. 
  • Minn. Stat. sec. 394.37 (1) Enforcement
    Subd. 1.  "...The board shall provide for the enforcement of sections 394.21 to 395.37 and of ordinances and regulations made thereunder, and may impose enforcement duties on any officer, department, agency, or employee of the county. ..."
Enforcement is based on compliance of the conditions—are the conditions as cited in the permit being met?
  • Minn. Stat. sec. 394.301, subd. 3. Duration. (also cited in Minn. Stat. sec. 462.3595)
    "A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, providing that nothing in this section shall prevent the board from enacting or amending official controls to change the status of conditional uses." 

In Winona County, compliance is also a requirement cited within each permit:
  • "...permit is granted upon the express conditions that said owner and his/her contractors, agents, workers and employees shall comply in all respects with the Ordinances of the County of Winona and the laws of the State of Minnesota."

If county resources, such as qualified and adequate staffing, are limited to ensure compliance and welfare of the animals, permits should not be granted. 

PERMIT ENFORCEMENT AND PENALTIES

​In the event of a violation, the county board may take action to prevent, restrain, correct, or abate such violations. ​
  • Subd. 3. Other remedies by county attorney
    ​    “In the event of a violation or a threatened violation of sections 394.21 to 394.37 or of any ordinance, regulation, or other official control adopted hereunder, the board, or any member thereof ... may institute appropriate actions or proceedings to prevent, restrain, correct, or abate such violations or threatened violations and it is the duty of the county attorney to institute such action.”
Violations are a misdemeanor. As noted above, it is the duty of the county board to provide for enforcement. In the Winona County Zoning Ordinance, violations and penalties are cited in section 5.10.1, similar to state law. 
  • 5.10 Violations, Penalties and Enforcement Violations are misdemeanor.
    5.10.1 "Any person, firm, agent, or corporation who violates any of the provisions of this Ordinance, or who fails, neglects, or refuses to comply with the provisions of this Ordinance....shall be punishable as defined by Minnesota State Statutes. Each day that a violation exists shall constitute a separate offenses.
  • MN State Statute: 394.37 Enforcement. Subd 2. Violations are misdemeanor.
    "...Violations [of sections 394.21 to 394.37] shall be a misdemeanor."

FEDERAL AND STATE LICENSES

A local permit is not a state or federal license. For definitions of state and federal licenses, go to LICENSES.
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