2005 Minnesota Statutes

     103F.389 Review and certification of land use actions. 

    Subdivision 1.    Land use actions covered.  To ensure 
 that the comprehensive land use plan is not nullified by 
 unjustified exceptions in particular cases and to promote 
 uniformity in the treatment of applications for exceptions, a 
 review and certification procedure is established for the 
 following categories of land use actions taken by the counties 
 and directly or indirectly affecting land use within the area 
 covered by the plan:  

    (1) the adoption or amendment of an ordinance regulating 
 the use of land, including rezoning of a particular tract of 
 land; 

    (2) the granting of a variance from provisions of the land 
 use ordinances; and 

    (3) the approval of a plat which is inconsistent with the 
 land use ordinance.  

    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 county board has reviewed the action 
 and certified that it is consistent with the comprehensive land 
 use plan.  

    (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 county board under 
 this section in the manner provided for review of a decision of 
 a board of adjustment under section 394.27, subdivision 9.  

    Subd. 3. Repealed, 2005 c 47 s 4 

    Subd. 4. Repealed, 2005 c 47 s 4 

    HIST: 1990 c 391 art 6 s 54; 2005 c 47 s 2