HF 75

as introduced - 89th Legislature (2015 - 2016) Posted on 01/14/2015 12:23pm

A bill for an act
relating to metropolitan government; making certain Metropolitan Council
guidelines and plans advisory; amending Minnesota Statutes 2014, sections
473.145; 473.175, subdivision 1; 473.206; 473.852, subdivision 8; 473.856;
repealing Minnesota Statutes 2014, section 473.851.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 473.145, is amended to read:

473.145 DEVELOPMENT GUIDE.

The Metropolitan Council shall prepare and adopt, after appropriate study and
such public hearings as may be necessary, a comprehensive development guide for the
metropolitan area. It shall consist of a compilation of policy statements, goals, standards,
programs, and maps prescribing guides for the orderly and economical development,
public and private, of the metropolitan area. The comprehensive development guide shall
recognize and encompass physical, social, or economic needs of the metropolitan area and
those future developments which will have an impact on the entire area including but not
limited to such matters as land use, parks and open space land needs, the necessity for
and location of airports, highways, transit facilities, public hospitals, libraries, schools,
and other public buildings. new text begin The development guide is advisory in nature and no local unit
of government shall be required to comply or conform to the guide, unless specifically
required by law. A local unit of government may, by a vote of the governing body, decide
that all provisions of the development guide are binding on it.
new text end

Sec. 2.

Minnesota Statutes 2014, section 473.175, subdivision 1, is amended to read:

Subdivision 1.

For compatibility, conformity.

new text begin (a) new text end The council shall review the
comprehensive plans of local governmental units, prepared and submitted pursuant
to sections 473.851 to 473.871, to determine their deleted text begin compatibility with each other and
deleted text end conformity with metropolitan system plans. The council shall review and comment on the
apparent consistency of the comprehensive plans with adopted plans of the council. The
council may require a local governmental unit to modify any comprehensive plan or part
thereof if, upon the adoption of findings and a resolution, the council concludes that the plan
is more likely than not to have a substantial impact on or contain a substantial departure
from metropolitan system plans. A local unit of government may challenge a council
action under this subdivision by following the procedures set forth in section 473.866.

new text begin (b) The council may comment on the apparent consistency of the comprehensive
plans with adopted plans of the council and the compatibility of a plan in relation to other
comprehensive plans in the metropolitan area, but these comments are advisory in nature
and no change may be required, unless authorized by paragraph (a).
new text end

Sec. 3.

Minnesota Statutes 2014, section 473.206, is amended to read:

473.206 LOCAL ORDINANCES.

Each county, city or town in the metropolitan area shall be provided with standards,
criteria and suggested model ordinances and may, after review and comment by the
Metropolitan Council, adopt ordinances which provide for the protection of the resources
that are the subject of the standards, criteria, and model ordinances. new text begin The council shall
not require any changes or amendments to the ordinances submitted, unless specifically
authorized by law.
new text end

Sec. 4.

Minnesota Statutes 2014, section 473.852, subdivision 8, is amended to read:

Subd. 8.

Metropolitan system plans.

"Metropolitan system plans" means the
transportation portion of the Metropolitan Development Guide deleted text begin , deleted text end and the policy plans deleted text begin , deleted text end and
capital budgets for metropolitan wastewater service deleted text begin , deleted text end new text begin and new text end transportation deleted text begin , and regional
recreation open space deleted text end .

Sec. 5.

Minnesota Statutes 2014, section 473.856, is amended to read:

473.856 METROPOLITAN SYSTEM STATEMENTS; AMENDMENTS.

The council shall prepare and transmit to each affected local governmental unit a
metropolitan system statement when the council updates or revises its comprehensive
development guide for the metropolitan area in conjunction with the decennial review
required under section 473.864, subdivision 2, and when the council amends or modifies
a metropolitan system plan. The statement shall contain information relating to the
unit and appropriate surrounding territory that the council deleted text begin determines necessary for deleted text end new text begin
recommends that new text end the unit to consider in reviewing the unit's comprehensive plan. The
statement may include:

(1) the timing, character, function, location, projected capacity, and conditions on use
for existing or planned metropolitan public facilities, as specified in metropolitan system
plans, and for state and federal public facilities to the extent known to the council; and

(2) the population, employment, and household projections which have been used by
the council as a basis for its metropolitan system plans.

Within nine months after receiving a system statement for an amendment to a
metropolitan system plan, and within three years after receiving a system statement issued
in conjunction with the decennial review required under section 473.864, subdivision 2,
each affected local governmental unit shall review its comprehensive plan to determine if an
amendment is necessary to ensure continued conformity with metropolitan system plans. If
an amendment is necessary, the governmental unit shall prepare the amendment and submit
it to the council for review pursuant to sections 462.355, 473.175, and 473.851 to 473.871.

Sec. 6. new text begin APPLICATION.
new text end

new text begin This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 7. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In each section of Minnesota Statutes referred to in column A, the revisor of statutes
shall delete the reference in column B and insert the reference in column C.
new text end

new text begin Column A new text end	new text begin Column B new text end	new text begin Column C new text end
new text begin 473.146 new text end	new text begin 473.851 new text end	new text begin 473.852 new text end
new text begin 473.175 new text end	new text begin 473.851 new text end	new text begin 473.852 new text end
new text begin 473.852 new text end	new text begin 473.851 new text end	new text begin 473.852 new text end
new text begin 473.854 new text end	new text begin 473.851 new text end	new text begin 473.852 new text end
new text begin 473.856 new text end	new text begin 473.851 new text end	new text begin 473.852 new text end
new text begin 473.858 new text end	new text begin 473.851 new text end	new text begin 473.852 new text end
new text begin 473.859 new text end	new text begin 473.851 new text end	new text begin 473.852 new text end
new text begin 473.867 new text end	new text begin 473.851 new text end	new text begin 473.852 new text end
new text begin 473.869 new text end	new text begin 473.851 new text end	new text begin 473.852 new text end
new text begin 473.871 new text end	new text begin 473.851 new text end	new text begin 473.852 new text end
new text begin 473H.02 new text end	new text begin 473.851 new text end	new text begin 473.852 new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 473.851, new text end new text begin is repealed.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2015, and applies to all policies, plans, ordinances,
applications, or other matters submitted on or after August 1, 2015.
new text end