as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to local government; modifying provisions 1.3 relating to community-based planning; amending 1.4 Minnesota Statutes 2000, sections 4A.08; 394.22, 1.5 subdivision 9, and by adding a subdivision; 394.232, 1.6 subdivisions 1, 2, 3, 4, 5, 6, and by adding 1.7 subdivisions; 462.352, subdivision 5; 462.3535, 1.8 subdivisions 1, 2, 3, 4, 6, 7, 8, and 9; Laws 1999, 1.9 chapter 250, article 1, section 115; proposing coding 1.10 for new law in Minnesota Statutes, chapter 4A; 1.11 repealing Minnesota Statutes 2000, sections 394.232, 1.12 subdivisions 7 and 8; and 462.3535, subdivisions 5 and 1.13 10. 1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15 Section 1. Minnesota Statutes 2000, section 4A.08, is 1.16 amended to read: 1.17 4A.08 [COMMUNITY-BASED PLANNING GOALSCOMPREHENSIVE 1.18 PLANNING GOALS.] 1.19 Subdivision 1. [GOALS.]The goals of community-based1.20planning are:Comprehensive planning goals are as follows: 1.21 (1)[CITIZEN PARTICIPATION.]to develop acommunity-based1.22 planning process with broad citizen participation in order to 1.23 build local capacity to plan for sustainable development and to 1.24 benefit from the insights, knowledge, and support of local 1.25 residents. The process must include at least one citizen from1.26each affected unit of local government; 1.27 (2)[COOPERATION.]to promote cooperation among 1.28communitiesall levels of government in order to work towards 1.29 the most efficient, planned,and cost-effective delivery of 2.1 government servicesby, among other means, facilitating2.2cooperative agreements among adjacent communities and to2.3coordinate planningand to ensure compatibility ofone2.4community's development with development of neighboring2.5communitiesactions across Minnesota's governments and agencies; 2.6 (3)[ECONOMIC DEVELOPMENT.]to create sustainable economic 2.7 development strategiesand providethat enhance economic 2.8 opportunities throughout the statethat will achieve a balanced2.9distribution of growth statewide; 2.10 (4)[CONSERVATION.]to protect,preserveconserve, and 2.11 enhance the state's resources, includingagricultural land,2.12forests,surface water and groundwater,recreation andopen 2.13 space,scenic areas, andsignificant historic and archaeological 2.14 sites, farmland, and other lands that maintain ecosystem health 2.15 and support tourism and natural resource-based industries; 2.16 (5)[LIVABLE COMMUNITY DESIGN.]to strengthen communities 2.17 byfollowing the principles of livable community design2.18infostering development and redevelopment, including2.19integration of all income and age groups, mixed land uses and2.20compact development, affordable and life-cycle housing, green2.21spaces, access to public transit, bicycle and pedestrian ways,2.22and enhanced aesthetics and beauty in public spacesthat enhance 2.23 communities' unique characteristics and the qualities that make 2.24 them desirable and safe places to live; 2.25 (6)[HOUSING.]to provide and preserve an adequate supply 2.26 of affordableand life-cycle, high quality housing throughout 2.27 the state to accommodate people in all stages of their lives; 2.28 (7)[TRANSPORTATION.]tofocus on the movement of people2.29and goods, rather than on the movement of automobiles, in2.30transportation planning, and to maximize the efficient use of2.31the transportation infrastructure by increasing the availability2.32and use of appropriate public transit throughout the state2.33through land-use planning and design that makes public transit2.34economically viable and desirableprovide and preserve an 2.35 enhanced mix of transportation options that efficiently move 2.36 people, goods, and information; 3.1(8) [LAND-USE PLANNING.] To establish a community-based3.2framework as a basis for all decisions and actions related to3.3land use;3.4(9) [PUBLIC INVESTMENTS.](8) to account for the full 3.5 environmental, social, and economic costs ofnew development,3.6including infrastructure costs such as transportation, sewers3.7and wastewater treatment, water, schools, recreation, and open3.8space, and plan the funding mechanisms necessary to cover the3.9costs of the infrastructureinvestments in order to make 3.10 efficient and effective use of existing infrastructure and 3.11 minimize future costs; and 3.12(10) [PUBLIC EDUCATION.] To support research and public3.13education on a community's and the state's finite capacity to3.14accommodate growth, and the need for planning and resource3.15management that will sustain growth; and3.16(11) [SUSTAINABLE DEVELOPMENT.](9) to provide a better 3.17 quality of life for all residentswhile maintaining nature's3.18ability to function over timeby minimizing waste, preventing 3.19 pollution, promoting efficiency, and developing local resources 3.20 to revitalize the local economy. 3.21 Subd. 2. [CONSISTENCY WITH GOALS.] State agencies are 3.22 encouraged to ensure that their objectives, plans, and programs 3.23 are consistent with the comprehensive planning goals in 3.24 subdivision 1. 3.25 Sec. 2. [4A.11] [COMPREHENSIVE PLANNING ASSISTANCE.] 3.26 Subdivision 1. [DEFINITION.] "Comprehensive planning 3.27 assistance" means but is not limited to: guidance documents 3.28 covering such topics as model agreements, model ordinances, 3.29 organizational structures for the planning process, capital 3.30 improvement planning, housing, economic development, public 3.31 participation, urban growth area development, and orderly 3.32 annexation agreements; coordination of state agency involvement 3.33 in local comprehensive planning; application of geographical 3.34 information systems and other technology; and population 3.35 projections, estimates, and other available data including 3.36 soils, geology, transportation facilities, natural areas, and 4.1 other physical data. 4.2 Subd. 2. [MINNESOTA PLANNING TO PROVIDE ASSISTANCE.] The 4.3 office of strategic and long-range planning may provide 4.4 comprehensive planning assistance to local units of government, 4.5 including assistance to meet the planning goals in section 4A.08. 4.6 The office may provide technical assistance and review and 4.7 comment on comprehensive plans prepared by counties, 4.8 municipalities, and towns, but it may not require changes to a 4.9 plan or withhold assistance. Such review and comment is 4.10 encouraged throughout the planning process and only at the 4.11 request of the local government preparing the plan. 4.12 Sec. 3. Minnesota Statutes 2000, section 394.22, 4.13 subdivision 9, is amended to read: 4.14 Subd. 9. [COMPREHENSIVE PLAN.] "Comprehensive plan" means 4.15 the policies,statements,objectives, statement of goals, and 4.16interrelated plans for private and public land and water use,4.17transportation, and community facilitiesmaps for guiding the 4.18 physical, social, and economic development, both private and 4.19 public, of the county and its environs and may include, but is 4.20 not limited to, the following: a land use plan, including urban 4.21 growth areas and proposed densities for development; a county 4.22 facilities plan; a transportation plan; parks and open space 4.23 plan; sewer plan; energy plan; water resource plan; solid waste 4.24 plan; human services plan; environmental protection plan; growth 4.25 management plan; capital improvement program; agricultural 4.26 preservation plan; and housing plan, including recommendations 4.27 for plan execution, documented in texts, ordinances and maps 4.28 which constitute the guide for the future development of the 4.29 county or any portion of the county. 4.30 Sec. 4. Minnesota Statutes 2000, section 394.22, is 4.31 amended by adding a subdivision to read: 4.32 Subd. 13. [URBAN GROWTH AREA.] "Urban growth area" means 4.33 areas identified around an urban area that contain a sufficient 4.34 supply of developable land for at least a prospective 20-year 4.35 period, based on demographic forecasts and the time reasonably 4.36 required to effectively provide municipal services to the 5.1 identified area. 5.2 Sec. 5. Minnesota Statutes 2000, section 394.232, 5.3 subdivision 1, is amended to read: 5.4 Subdivision 1. [GENERAL.] Each county is encouraged to 5.5prepare and implement a community-based comprehensive plan. A5.6community-based comprehensive plan is a comprehensive plan that5.7is consistent with the goals of community-based5.8planningconsider the comprehensive planning goals contained in 5.9 section 4A.08. The board has the power and authority to prepare 5.10 and adopt, by ordinance, a comprehensive plan. A comprehensive 5.11 plan must be the basis for official controls adopted under 5.12 sections 394.21 to 394.37. 5.13 Sec. 6. Minnesota Statutes 2000, section 394.232, is 5.14 amended by adding a subdivision to read: 5.15 Subd. 1a. [CITIZEN PARTICIPATION.] Each county is 5.16 encouraged to develop a planning process with broad citizen 5.17 participation that is early and continuous in order to build 5.18 local capacity to plan for sustainable development and to 5.19 benefit from the insights, knowledge, and support of local 5.20 residents. 5.21 Sec. 7. Minnesota Statutes 2000, section 394.232, 5.22 subdivision 2, is amended to read: 5.23 Subd. 2. [NOTICE AND PARTICIPATION.] Notice must be given 5.24 at the beginning of thecommunity-basedcomprehensive planning 5.25 process to the office of strategic and long-range planning,the5.26department of natural resources, the department of agriculture,5.27the department of trade and economic development, the board of5.28water and soil resources, the pollution control agency, the5.29department of transportation,local government units, and local 5.30 citizens to actively participate in the development of the 5.31 plan. The office of strategic and long-range planning shall 5.32 notify other state agencies about the county's comprehensive 5.33 planning process and coordinate their participation. An agency 5.34 that is invited to participate in the development of a local 5.35 plan but declines to do so and fails toparticipate or to5.36 provide information on state plans and written comments during 6.1 the plan development process waives the right during the 6.2 office's review and comment period to submit comments, except 6.3 for comments concerning consistency of the plan with laws and 6.4 rules administered by the agency. In determining the merit of 6.5 the agency comment, the office shall consider the involvement of 6.6 the agency in the development of the plan. 6.7 Sec. 8. Minnesota Statutes 2000, section 394.232, is 6.8 amended by adding a subdivision to read: 6.9 Subd. 2a. [URBAN GROWTH AREAS.] A county is encouraged to 6.10 identify urban growth areas within its comprehensive plan based 6.11 on locally adopted guidelines when urban growth is expected 6.12 beyond existing city boundaries during the next 20 years. A 6.13 county should invite the affected city and town to participate 6.14 with the county in the identification of urban growth areas. 6.15 Sec. 9. Minnesota Statutes 2000, section 394.232, 6.16 subdivision 3, is amended to read: 6.17 Subd. 3. [COORDINATION.] A county that prepares a 6.18community-basedcomprehensive plan shall coordinate its plan 6.19 with the plans of its neighbors and its constituent 6.20 municipalities and towns in order both to prevent its plan from 6.21 having an adverse impact on other jurisdictions and to 6.22 complement plans of other jurisdictions. The county's 6.23community-basedcomprehensive plan must incorporate the 6.24community-basedcomprehensive plan of any municipality or town 6.25 in the county prepared in accordance with section 462.3535. A 6.26 county may incorporate a municipal or towncommunity-based6.27 comprehensive plan by reference. 6.28 Sec. 10. Minnesota Statutes 2000, section 394.232, 6.29 subdivision 4, is amended to read: 6.30 Subd. 4. [JOINT PLANNING.] Under the joint exercise of 6.31 powers provisions in section 471.59, a county may establish a 6.32 joint planning district with other counties, municipalities, and 6.33 towns, that are geographically contiguous, to adopt a single 6.34community-basedcomprehensive plan for the district. The county 6.35 may delegate its authority to adopt official controls under this 6.36 chapter to the board of the joint planning district. 7.1 Sec. 11. Minnesota Statutes 2000, section 394.232, 7.2 subdivision 5, is amended to read: 7.3 Subd. 5. [REVIEW AND COMMENT.] (a) The county or joint 7.4 planning districtshallmay submit itscommunity-based7.5 comprehensive plan to the office of strategic and long-range 7.6 planning for coordinated state agency reviewof the extent to7.7which the plan promotes local citizen participation, promotes7.8cooperation among adjacent communities, and demonstrates7.9consideration of the community-based planning goals in section7.104A.08based on the plan's consistency with state laws and rules 7.11 or its impact on major state systems or plans. The office has 7.12 60 days after submittal to comment on the plan. 7.13(b) The office may not disapprove a community-based7.14comprehensive plan if the office determines that the plan7.15promotes local citizen participation, promotes cooperation among7.16adjacent communities, and demonstrates consideration of the7.17community-based planning goals in section 4A.08.7.18(c) If the office disagrees with a community-based7.19comprehensive plan or any elements of the plan, the office shall7.20notify the county or district in writing of how the plan7.21specifically fails to address the goals of community-based7.22planning.(b) Upon receipt of the office's written comments, 7.23 the county or district has 120 days torevise the7.24community-based comprehensive plan and resubmit it to the office7.25for reconsiderationconsider and respond to the office's written 7.26 comments. 7.27(d) If the county or district refuses to revise the plan or7.28the office disagrees with the revised plan, the office shall7.29within 60 days notify the county or district that it wishes to7.30initiate the dispute resolution process in chapter 572A.7.31(e) Within 60 days of notice from the office, the county or7.32joint planning district shall notify the office of its intent to7.33enter the dispute resolution process. If the county or district7.34refuses to enter the dispute resolution process, the county or7.35district is ineligible for any future grant disbursements7.36related to community-based planning activities through the8.1office.8.2(f) Priority for other state grants, loans, and other8.3discretionary spending must not be given to local units of8.4government based on their participation in community-based8.5planning.8.6 Sec. 12. Minnesota Statutes 2000, section 394.232, 8.7 subdivision 6, is amended to read: 8.8 Subd. 6. [PLAN UPDATE.] The county board, or the board of 8.9 the joint planning district,shallis encouraged to review and 8.10 update thecommunity-basedcomprehensive plan periodically, but 8.11 at least every ten years, and submit the updated plan to the 8.12 office of strategic and long-range planning for review and 8.13 comment. Plan updates requiring changes in land use categories 8.14 in the plan narrative and on the land use map and those 8.15 involving a change in land use district boundaries on the zoning 8.16 map may warrant state review. 8.17 Sec. 13. Minnesota Statutes 2000, section 462.352, 8.18 subdivision 5, is amended to read: 8.19 Subd. 5. [COMPREHENSIVE MUNICIPAL PLAN.] "Comprehensive 8.20 municipal plan" means a compilation of policy statements, goals, 8.21 standards, and maps for guiding the physical, social and 8.22 economic development, both private and public, of the 8.23 municipality and its environs, including air space and 8.24 subsurface areas necessary for mined underground space 8.25 development pursuant to sections 469.135 to 469.141, and may 8.26 include, but is not limited to, the following: statements of 8.27 policies, goals, standards, a land use plan, including proposed 8.28 densities for development, a community facilities plan, a 8.29 transportation plan, urban growth areas, parks and open space 8.30 plan, sewer plan, energy plan, water resource plan, solid waste 8.31 plan, human services plan, environmental protection plan, growth 8.32 management plan, capital improvement program, agricultural 8.33 preservation plan, housing plan, and recommendations for plan 8.34 execution. A comprehensive plan represents the planning 8.35 agency's recommendations for the future development of the 8.36 community. 9.1 Sec. 14. Minnesota Statutes 2000, section 462.3535, 9.2 subdivision 1, is amended to read: 9.3 Subdivision 1. [GENERAL.] Each municipality is encouraged 9.4 toprepare and implement a community-based comprehensive9.5municipal plan. A community-based comprehensive municipal plan9.6is a comprehensive plan that is consistent with the goals of9.7community-based planning inconsider the comprehensive planning 9.8 goals contained in section 4A.08. Each municipality is 9.9 encouraged to develop a planning process with broad citizen 9.10 participation that is early and continuous in order to build 9.11 local capacity to plan for sustainable development and to 9.12 benefit from the insights, knowledge, and support of local 9.13 residents. 9.14 Sec. 15. Minnesota Statutes 2000, section 462.3535, 9.15 subdivision 2, is amended to read: 9.16 Subd. 2. [COORDINATION.] A municipality that prepares 9.17 acommunity-basedcomprehensive municipal plan shall coordinate 9.18 its plan with the plans, if any, of the county and the 9.19 municipality's neighbors both in order to prevent the plan from 9.20 having an adverse impact on other jurisdictions and to 9.21 complement the plans of other jurisdictions. The municipality 9.22 shall prepare its plan to be incorporated into the county's 9.23community-basedcomprehensive plan, if the county is preparing 9.24 or has prepared one, and shall otherwise assist and cooperate 9.25 with the county in itscommunity-basedcomprehensive planning. 9.26 Sec. 16. Minnesota Statutes 2000, section 462.3535, 9.27 subdivision 3, is amended to read: 9.28 Subd. 3. [JOINT PLANNING.] Under the joint exercise of 9.29 powers provisions in section 471.59, a municipality may 9.30 establish a joint planning district with other municipalities or 9.31 counties that are geographically contiguous, to adopt a single 9.32community-basedcomprehensive plan for the district. A 9.33 municipality may delegate its authority to adopt official 9.34 controls under sections 462.351 to 462.364, to the board of the 9.35 joint planning district. 9.36 Sec. 17. Minnesota Statutes 2000, section 462.3535, 10.1 subdivision 4, is amended to read: 10.2 Subd. 4. [CITIES; URBAN GROWTH AREAS.] (a) The 10.3community-basedcomprehensive municipal plan for a statutory or 10.4 home rule charter city, and official controls to implement the 10.5 plan,mustshould at a minimum, address any urban growth area 10.6 identified in a county plan and may establish an urban growth 10.7 area for the urbanized and urbanizing area. The city planmust10.8 should establish a staged process for boundary adjustment to 10.9 include the urbanized or urbanizing area within corporate limits 10.10 as the urban growth area is developed and provided municipal 10.11 services. The designation of urban growth areas outside the 10.12 corporate limits of the city should involve the participation of 10.13 the county and the affected township. 10.14 (b) Within the urban growth area, the planmustshould 10.15 provide for the staged provision of urban services, including, 10.16 but not limited to, water, wastewater collection and treatment, 10.17andtransportation, and a process for boundary adjustment. 10.18 Sec. 18. Minnesota Statutes 2000, section 462.3535, 10.19 subdivision 6, is amended to read: 10.20 Subd. 6. [REVIEW BY ADJACENT MUNICIPALITIES; CONFLICT10.21RESOLUTION.] Before acommunity-basedcomprehensive municipal 10.22 plan is incorporated into the county's plan under section 10.23 394.232, subdivision 3,a municipality's community-based10.24comprehensive municipal plan must be coordinated with adjacent10.25municipalities within the countymunicipalities are encouraged 10.26 to coordinate with neighboring local governments. As soon as 10.27 practical after the development of acommunity-based10.28 comprehensive municipal plan, the municipalityshallshould 10.29 provide a copy of the draft plan toadjacent municipalities10.30within the countylocal governments adjacent to or having 10.31 jurisdictions overlapping with the municipality for review and 10.32 comment.An adjacent municipality has 30 days after receipt to10.33review the plan and submit written comments.10.34 Sec. 19. Minnesota Statutes 2000, section 462.3535, 10.35 subdivision 7, is amended to read: 10.36 Subd. 7. [COUNTY REVIEW.] (a) If a city does not plan for 11.1 growth beyond its current boundaries, the city shall submit 11.2 itscommunity-basedcomprehensive municipal plan to the county 11.3 for review and comment. A county has 60 days after receipt to 11.4 review the plan and submit written comments to the city. The 11.5 city may amend its plan based upon the county's comments. 11.6 (b) If a town prepares acommunity-basedcomprehensive 11.7 plan, it shall submit the plan to the county for review and 11.8 comment. As provided in section 394.33, the town plan may not 11.9 be inconsistent with or less restrictive than the county plan. 11.10 A county has 60 days after receipt to review the plan and submit 11.11 written comments to the town. The town may amend its plan based 11.12 on the county's comment. 11.13 Sec. 20. Minnesota Statutes 2000, section 462.3535, 11.14 subdivision 8, is amended to read: 11.15 Subd. 8. [COUNTY APPROVAL.] (a) If a city plans for growth 11.16 beyond its current boundaries, the city's proposed 11.17community-based comprehensive municipal plan and proposedurban 11.18 growth area must be reviewed and approved by the countybefore11.19the plan is incorporated into the county's plan. The county may 11.20 review and provide comments on any orderly annexation agreement 11.21 during the same period of review ofa comprehensive planan 11.22 urban growth area. 11.23 (b) Upon receipt by the county ofa community-based11.24comprehensive planan urban growth area submitted by a city for 11.25 review and approval under this subdivision, the county shall, 11.26 within 60 days of receipt of acity plancity's urban growth 11.27 area, review and approve theplan in accordance with this11.28subdivision. The county shall review and approve the city11.29plancity's urban growth area if it is consistent with thegoals11.30stated in section 4A.08county plan. 11.31(c) In the event the county does not approve the plan, the11.32county shall submit its comments to the city within 60 days.11.33The city may, thereafter, amend the plan and resubmit the plan11.34to the county. The county shall have an additional 60 days to11.35review and approve a resubmitted plan. In the event the county11.36and city are unable to come to agreement, either party may12.1initiate the dispute resolution process contained in chapter12.2572A. Within 30 days of receiving notice that the other party12.3has initiated dispute resolution, the city or county shall send12.4notice of its intent to enter dispute resolution. If the city12.5refuses to enter the dispute resolution process, it must refund12.6any grant received from the county for community-based planning12.7activities.12.8 Sec. 21. Minnesota Statutes 2000, section 462.3535, 12.9 subdivision 9, is amended to read: 12.10 Subd. 9. [PLAN ADOPTION.] The municipality shall not adopt 12.11 and implement thecommunity-basedcomprehensive municipal plan 12.12 containing urban growth areas that are outside the existing 12.13 corporate limits until after theoffice of strategic and12.14long-range planning has reviewed and commented on the county's12.15plan that incorporates the municipality's plan. The12.16municipality shall thereafter, where it deems appropriate,12.17incorporate any comments made by the office into its plan and12.18adopt the plancounty has reviewed and approved the urban growth 12.19 area. 12.20 Sec. 22. Laws 1999, chapter 250, article 1, section 115, 12.21 is amended to read: 12.22 Sec. 115. [REPEALER.] 12.23 (a) Minnesota Rules, part 8275.0045, subpart 2, is repealed. 12.24 (b) Minnesota Statutes 1998, sections 15.90; 15.91; 15.92; 12.25 16A.103, subdivision 3; 16E.11; 16E.12; and 16E.13, are repealed. 12.26 (c) Laws 1991, chapter 235, article 5, section 3, as 12.27 amended by Laws 1995, chapter 254, article 1, section 91, is 12.28 repealed. 12.29 (d) Minnesota Statutes 1998, section 16A.1285, subdivisions 12.30 4 and 5, are repealed. 12.31 (e) Minnesota Statutes 1998, sections 207A.01; 207A.02; 12.32 207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; and 12.33 207A.10, are repealed. 12.34 (f) S.F. No. 2223 of the 1999 regular session, if enacted, 12.35 is repealed. 12.36 (g) Minnesota Statutes 1998, sections4A.08;4A.09; and 13.1 4A.10, are repealed. 13.2 Sec. 23. [REPEALER.] 13.3 Minnesota Statutes 2000, sections 394.232, subdivisions 7 13.4 and 8; and 462.3535, subdivisions 5 and 10, are repealed. 13.5 Sec. 24. [EFFECTIVE DATE.] 13.6 This act is effective July 1, 2001.