1.1 	 A bill for an act
1.2 	relating to planning and zoning; requiring counties to consider natural heritage 
1.3 	data in adopting or amending comprehensive plans; requiring local governments 
1.4 	to consider comprehensive plans to limit development on agricultural, forest, 
1.5 	wildlife, and open space land; requiring priority provisions in certain county and 
1.6 	city comprehensive plans; requiring consideration of certain development to 
1.7 	occur in designated priorities; providing a bill title;amending Minnesota Statutes 
1.8 	2006, sections 394.23; 394.232, subdivision 6; 394.24, by adding a subdivision; 
1.9 	462.355, subdivision 1; 462.357, by adding subdivisions; proposing coding for 
1.10 	new law in Minnesota Statutes, chapter 394.
1.11 	 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2006, section 394.23, is amended to read:
1.13 	394.23 COMPREHENSIVE PLAN.
1.14 	The board has the power and authority to prepare and adopt by ordinance, a 
1.15 	comprehensive plan. A comprehensive plan or plans when adopted by ordinance must 
1.16 	be the basis for official controls adopted under the provisions of sections 394.21 to 
1.17 	394.37. When adopting or updating the comprehensive plan, the board must, if the 
1.18 	data is available to the county, consider natural heritage data resulting from the county 
1.19 	biological survey. The board must consider adopting policies that will protect open space 
1.20 	and the environment by considering adopting the state's livestock production policy under 
1.21 	section 17.844.

1.22 	Sec. 2. [394.231] COMPREHENSIVE PLANS IN GREATER MINNESOTA; 
1.23 	OPEN SPACE.
1.24 	A comprehensive plan adopted in a county outside the metropolitan area, as defined 
1.25 	by section 473.121, subdivision 2, must contain priority provisions for the preservation 
2.1 	of agricultural, forest, wildlife, and open space land and minimizing development in 
2.2 	sensitive shoreland areas that are identified as priority provisions of the comprehensive 
2.3 	plan. At the time of the next updating of the comprehensive plan it must contain the 
2.4 	priority provisions, and within three years the county must adopt ordinances as part of 
2.5 	the county's official controls that ensure that the goals and objectives of the priority 
2.6 	provisions are implemented.
2.7 	The county shall consider the following goals and objectives:
2.8 	(1) minimizing the fragmentation and development of agricultural, forest, wildlife, 
2.9 	and open space lands;
2.10 	(2) minimizing further development in sensitive shoreland areas;
2.11 	(3) minimizing development near wildlife management areas, scientific and natural 
2.12 	areas, and nature centers;
2.13 	(4) encouraging development within city limits;
2.14 	(5) encouraging development close to places of employment, shopping centers, 
2.15 	schools, mass transit, and other public and private service centers; and
2.16 	(6) encouraging farms, privately owned forest lands, and other privately owned open 
2.17 	spaces to stay in business and not sell for development.

2.18 	Sec. 3. Minnesota Statutes 2006, section 394.232, subdivision 6, is amended to read:
2.19 		Subd. 6.Plan update. The county board, or the board of the joint planning district, 
2.20 	shall review and update the community-based comprehensive plan periodically, but at 
2.21 	least every ten years, and submit the updated plan to the office of strategic and long-range 
2.22 	planning for review and comment. When updating the plan, the county board or the 
2.23 	board of the joint planning district must consider natural heritage data resulting from the 
2.24 	county biological survey. The board must consider adopting policies that will protect 
2.25 	open space and the environment by considering adopting the state's livestock production 
2.26 	policy under section 17.844.

2.27 	Sec. 4. Minnesota Statutes 2006, section 394.24, is amended by adding a subdivision 
2.28 	to read:
2.29 		Subd. 4.Development priority. In adopting official controls after July 1, 2007, the 
2.30 	county shall consider restricting new residential, commercial, and industrial development 
2.31 	so that the new development takes place in areas under the following priority sequence:
2.32 	(1) the highest priority be given to new development in a statutory or home rule 
2.33 	charter city in which city water and sewer service is currently available; 
3.1 	(2) the next priority is in areas immediately adjacent to a city that is zoned for 
3.2 	residential, commercial, or industrial development and city water and sewer service is 
3.3 	either currently available or is to be made available in the near future;
3.4 	(3) the next priority is in areas in which clustered development is permitted and 
3.5 	community water and sewer service is currently available;
3.6 	(4) the next priority is in areas in which clustered development is permitted but 
3.7 	community water and sewer service is not currently available;
3.8 	(5) the next priority is for scattered development in which no more than one 
3.9 	development or residential unit for each 160 acres would be permitted; and 
3.10 	(6) the final priority is for scattered development in which more than one 
3.11 	development or residential unit for each 160 acres would be permitted.

3.12 	Sec. 5. Minnesota Statutes 2006, section 462.355, subdivision 1, is amended to read:
3.13 		Subdivision 1.Preparation and review. The planning agency shall prepare the 
3.14 	comprehensive municipal plan. In discharging this duty the planning agency shall 
3.15 	consult with and coordinate the planning activities of other departments and agencies 
3.16 	of the municipality to insure conformity with and to assist in the development of the 
3.17 	comprehensive municipal plan. In its planning activities the planning agency shall 
3.18 	take due cognizance of the planning activities of adjacent units of government and 
3.19 	other affected public agencies. The planning agency shall periodically review the plan 
3.20 	and recommend amendments whenever necessary. When preparing or recommending 
3.21 	amendments to the comprehensive plan, the planning agency must consider adopting 
3.22 	policies that will protect open space and the environment by considering adopting the 
3.23 	state's livestock production policy under section 17.844.

3.24 	Sec. 6. Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision 
3.25 	to read:
3.26 		Subd. 1h.Comprehensive plans in greater Minnesota; open spaces.  A 
3.27 	comprehensive plan adopted in a city outside the metropolitan area, as defined by section 
3.28 	473.121, subdivision 2, must contain provisions for the preservation of agricultural, forest, 
3.29 	wildlife, and open space land and the minimization of development in sensitive shoreland 
3.30 	areas that are identified as priority provisions of the comprehensive plan. At the time of 
3.31 	the next updating of the comprehensive plan it must contain the priority provisions, and 
3.32 	within three years the municipality must adopt ordinances as part of the municipality's 
3.33 	official controls that ensure that the goals and objectives of the priority provisions are 
3.34 	implemented.

4.1 	Sec. 7. Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision 
4.2 	to read:
4.3 		Subd. 9.Development priority. In adopting official controls after July 1, 2007, 
4.4 	the municipality shall consider restricting new residential, commercial, and industrial 
4.5 	development so that the new development takes place in areas under the following priority 
4.6 	sequence:
4.7 	(1) the highest priority be given to new development in a statutory or home rule 
4.8 	charter city in which city water and sewer service is currently available;
4.9 	(2) the next priority is in areas immediately adjacent to a city that is zoned for 
4.10 	residential, commercial, or industrial development and city water and sewer service is 
4.11 	either currently available or is to be made available in the near future;
4.12 	(3) the next priority is in areas in which clustered development is permitted and 
4.13 	community water and sewer service is currently available;
4.14 	(4) the next priority is in areas in which clustered development is permitted but 
4.15 	community water and sewer service is not currently available;
4.16 	(5) the next priority is for scattered development in which no more than one 
4.17 	development or residential unit for each 160 acres would be permitted; and 
4.18 	(6) the final priority is for scattered development in which more than one 
4.19 	development or residential unit for each 160 acres would be permitted.

4.20 	Sec. 8. TITLE.
 4.21 	Sections 1 to 8 shall be known as the President Theodore Roosevelt Memorial Bill 
4.22 	to Preserve Agricultural, Forest, Wildlife, and Open Space Land.

4.23 	Sec. 9. EFFECTIVE DATE.
 4.24 	Sections 1 to 8 are effective July 1, 2007.