HF 1813

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to planning and zoning; requiring certain local governments to consider
certain natural heritage data and consider adopting goals to protect open
space and the environment when adopting or updating comprehensive plans
or ordinances; requiring certain local governments in greater Minnesota to
consider adopting certain goals to preserve agriculture, forest, wildlife, and
open space and minimize certain shoreland development when adopting or
updating comprehensive plans or ordinances; establishing an agricultural and
open space preservation task force; amending Minnesota Statutes 2006, sections
394.232, subdivision 6; 462.355, subdivision 1; 462.357, by adding subdivisions;
Minnesota Statutes 2007 Supplement, section 394.23; proposing coding for new
law in Minnesota Statutes, chapter 394.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 394.23, is amended to read:

394.23 COMPREHENSIVE PLAN.

The board has the power and authority to prepare and adopt by ordinance, a
comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be
the basis for official controls adopted under the provisions of sections 394.21 to 394.37.
The commissioner of natural resources must provide the natural heritage data from
the county biological survey, if available, to each county for use in the comprehensive
plan. new text begin When adopting or updating the comprehensive plan, the board must, if the data is
available to the county, consider natural heritage data resulting from the county biological
survey. The board must consider adopting goals and objectives that will protect open
space and the environment.
new text end

Sec. 2.

new text begin [394.231] COMPREHENSIVE PLANS IN GREATER MINNESOTA;
OPEN SPACE.
new text end

new text begin A county adopting or updating a comprehensive plan in a county outside the
metropolitan area as defined by section 473.121, subdivision 2, shall consider adopting
goals and objectives for the preservation of agricultural, forest, wildlife, and open space
land, and minimizing development in sensitive shoreland areas. Within three years of
updating the comprehensive plan, the county shall consider adopting ordinances as part
of the county's official controls that encourage the implementation of the goals and
objectives. The county shall consider the following goals and objectives:
new text end

new text begin (1) minimizing the fragmentation and development of agricultural, forest, wildlife,
and open space lands, including consideration of appropriate minimum lot sizes;
new text end

new text begin (2) minimizing further development in sensitive shoreland areas;
new text end

new text begin (3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;
new text end

new text begin (4) identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services,
and to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;
new text end

new text begin (5) encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;
new text end

new text begin (6) identification of areas where other developments are appropriate; and
new text end

new text begin (7) other goals and objectives a county may identify.
new text end

Sec. 3.

Minnesota Statutes 2006, section 394.232, subdivision 6, is amended to read:

Subd. 6.

Plan update.

The county board, or the board of the joint planning district,
shall review and update the community-based comprehensive plan periodically, but at
least every ten years, and submit the updated plan to the office of strategic and long-range
planning for review and comment. new text begin When updating the plan, the county board or the
board of the joint planning district must consider natural heritage data resulting from the
county biological survey. The board must consider adopting goals and objectives that will
protect open space and the environment.
new text end

Sec. 4.

Minnesota Statutes 2006, section 462.355, subdivision 1, is amended to read:

Subdivision 1.

Preparation and review.

The planning agency shall prepare the
comprehensive municipal plan. In discharging this duty the planning agency shall
consult with and coordinate the planning activities of other departments and agencies
of the municipality to insure conformity with and to assist in the development of the
comprehensive municipal plan. In its planning activities the planning agency shall
take due cognizance of the planning activities of adjacent units of government and
other affected public agencies. The planning agency shall periodically review the plan
and recommend amendments whenever necessary. new text begin When preparing or recommending
amendments to the comprehensive plan, the planning agency must consider adopting goals
and objectives that will protect open space and the environment.
new text end

Sec. 5.

Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision
to read:

new text begin Subd. 1h. new text end

new text begin Comprehensive plans in greater Minnesota; open spaces. new text end

new text begin When
adopting or updating a comprehensive plan in a municipality outside the metropolitan
area, as defined by section 473.121, subdivision 2, the municipality shall consider adopting
goals and objectives for the preservation of agricultural, forest, wildlife, and open space
land and the minimization of development in sensitive shoreland areas. Within three years
of updating the comprehensive plan, the municipality shall consider adopting ordinances
as part of the municipality's official controls that encourage the implementation of the
goals and objectives.
new text end

Sec. 6.

Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Development goals and objectives. new text end

new text begin In adopting official controls after July
1, 2008, in a municipality outside the metropolitan area, as defined by section 473.121,
subdivision 2, the municipality shall consider restricting new residential, commercial, and
industrial development so that the new development takes place in areas subject to the
following goals and objectives:
new text end

new text begin (1) minimizing the fragmentation and development of agricultural, forest, wildlife,
and open space lands, including consideration of appropriate minimum lot sizes;
new text end

new text begin (2) minimizing further development in sensitive shoreland areas;
new text end

new text begin (3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;
new text end

new text begin (4) identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services,
and to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;
new text end

new text begin (5) encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;
new text end

new text begin (6) identification of areas where other developments are appropriate; and
new text end

new text begin (7) other goals and objectives a municipality may identify.
new text end

Sec. 7. new text begin TITLE.
new text end

new text begin Sections 1 to 6 shall be known as the President Theodore Roosevelt Memorial Act to
Preserve Agricultural, Forest, Wildlife, and Open Space Land.
new text end

Sec. 8. new text begin AGRICULTURAL AND OPEN SPACE PRESERVATION TASK FORCE.
new text end

new text begin An agricultural and open space preservation task force is created to study state and
local policies and incentives related to encouraging farms, privately owned forest lands,
and other privately owned open spaces to be preserved. The task force shall consist of
one member of the majority party of the senate appointed by the majority leader and one
member of the minority party of the senate appointed by the minority leader; one member
of the majority party in the house of representatives, appointed by the speaker of the house
of representatives, and one member of the minority party in the house of representatives
appointed by the minority leader; and one representative each from the Association of
Minnesota Counties, the League of Minnesota Cities, and the Minnesota Association of
Townships. The task force shall consult with representatives of agricultural groups such as
Farm Bureau and Farmer's Union and may consult with other interested parties, including
appropriate state agencies, as needed. No public member of the task force shall be entitled
to compensation or reimbursements for expenses. Appointments shall be made by July 1,
2008, and the first meeting shall be convened by agreement of the senate members no later
than August 1, 2008. The task force shall elect a chair from among its members at the
first meeting. The task force must report its findings with recommendations for proposed
legislation to the chairs and ranking minority members of the committees in the house of
representatives and senate with jurisdiction over land use planning no later than January
30, 2009. The task force shall expire on June 30, 2009.
new text end

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

new text begin Sections 1 to 7 are effective July 1, 2008. Section 8 is effective the day following
final enactment.
new text end