HF 2042

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; eliminating the Project
Riverbend Board; amending Minnesota Statutes 2004,
sections 103F.387; 103F.389, subdivision 2; 103F.391;
repealing Minnesota Statutes 2004, sections 103F.383,
subdivisions 1, 2; 103F.385; 103F.389, subdivisions 3,
4; 103F.393.

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

Section 1.

Minnesota Statutes 2004, section 103F.387, is
amended to read:

103F.387 COMPREHENSIVE PLAN.

deleted text begin (a) deleted text end The comprehensive plan known as "Project Riverbend
Fifth Draft, June 1981" shall be implemented by deleted text begin the board and
deleted text end the counties deleted text begin as provided in sections 103F.383 to 103F.393 deleted text end . The
counties shall adopt land use ordinances consistent with the
plan. The standards set forth in the plan are the minimum
standards that may be adopted by deleted text begin the board and deleted text end the counties.
The deleted text begin board deleted text end new text begin counties new text end may amend the comprehensive land use plan in
any way that does not reduce the minimum standards set forth in
the plan.

deleted text begin (b) The board shall develop and establish a schedule for
implementation and administration of the plan by the counties.
The schedule shall be binding on the counties subject to
approval by the governing bodies of the respective counties.
deleted text end

Sec. 2.

Minnesota Statutes 2004, section 103F.389,
subdivision 2, is amended to read:

Subd. 2.

Land use actions must be consistent with plan.

(a) Notwithstanding any contrary provision of chapter 394, an
action of a type specified in subdivision 1, clauses (1) to (3),
is not effective until the new text begin county new text end board has reviewed the action
and certified that it is consistent with the comprehensive new text begin land
use new text end plan deleted text begin of the board deleted text end .

(b) In determining consistency of ordinances and ordinance
amendments, the provisions of the comprehensive land use plan
shall be considered minimum standards. An aggrieved person may
appeal a decision of the type specified in subdivision 1,
clauses (1) to (3), which is reviewed by the new text begin county new text end board under
this section in the manner provided for review of a decision of
a board of adjustment under section 394.27, subdivision 9 deleted text begin , but
only after the procedures prescribed under this section have
been completed deleted text end .

Sec. 3.

Minnesota Statutes 2004, section 103F.391, is
amended to read:

103F.391 RESTRICTIONS ON LAND INCORPORATED OR ANNEXED.

(a) If land subject to the comprehensive land use plan deleted text begin of
the board deleted text end is annexed, incorporated, or otherwise subjected to
the land use planning authority of a home rule charter or
statutory city, a moratorium shall exist on all subdivision
platting and building permits on that land until zoning
regulations are adopted for the land that comply with the
provisions of the comprehensive new text begin land use new text end plan deleted text begin of the board deleted text end .

(b) The moratorium shall also apply to construction,
grading and filling, and vegetative cutting as those activities
are defined in the comprehensive plan.

(c) This section does not apply to work done pursuant to
lawful permits issued before the land became subject to the land
use planning authority of the city.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 103F.383, subdivisions 1
and 2; 103F.385; 103F.389, subdivisions 3 and 4; and 103F.393,
are repealed.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end