|legislation||legislation > local: CUP
If an individual county or city doesn’t believe federal and/or state laws are strong enough to deal with animal issues, local officials and citizens can choose to create and enact their own local ordinances.
Example: As dog and cat breeding is often viewed as a land use issue, some counties require breeders to apply for a Conditional Use Permit (CUP). An Environmental Impact Study may also be requested, among other reports. There are differences across the State as to what constitutes humane dog and cat breeding, as witnessed by some counties who have chosen to restrict large commercial breeding kennels within their area versus other counties who approve large commercial kennels with unlimited puppy production.
Conditional Use Permit
A Conditional Use Permit (CUP) is granted to businesses, within a particular zoning district, that want to use their property for certain activities. These activities sometimes conflict with adjacent properties (neighbors) or the community-at-large so some local governments require that a CUP application be submitted. The county would discuss the application and approve or deny it. The language and questions asked in each application vary by community.
As a citizen, you are allowed to attend hearings on the permit application or contact local officials with your opinion.
CUP decision criteria
The criteria for granting a conditional use permit also varies by community.
As an example, the following list of criteria was used by the Morrison County Commissioners when deciding whether or not to grant a CUP to a commercial dog breeding facility in Belle Prairie Township. To grant the permit, a majority of board members needed to vote “yes” on each criteria below. All board members voted yes to each; the permit was approved.
Note the language used in each criteria below. These type of decisions are typically evaluated based solely on commerce, planning and land use issues. Though the products are dogs or cats, the physical and psychological health of these “products” are not often considered, nor is the changing culture of Minnesota, where many households (both rural and urban) care for pets as family members and expect a higher level of protection for companion animals from the government.
NOTE: Restrictions can be placed on a permit. These restrictions can be used later in court, if the breeder violates conditions.