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. |
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. |
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.
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In the event of a violation, the county board may take action to prevent, restrain, correct, or abate such violations.
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