SF 1402

3rd Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to planning and zoning; requiring counties to consider natural heritage
data in adopting or amending comprehensive plans; requiring local governments
to consider comprehensive plans to limit development on agricultural, forest,
wildlife, and open space land; requiring priority provisions in certain county
and city comprehensive plans; requiring consideration of certain development
to occur in designated priorities; providing a bill title; amending Minnesota
Statutes 2006, sections 394.232, subdivision 6; 394.24, by adding a subdivision;
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 policies that will protect open space and the
environment by considering adopting the state's livestock production policy under section
17.844.
new text end

Sec. 2.

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

new text begin A comprehensive plan adopted in a county outside the metropolitan area, as defined
by section 473.121, subdivision 2, must contain priority provisions for the preservation
of agricultural, forest, wildlife, and open space land and minimizing development in
sensitive shoreland areas that are identified as priority provisions of the comprehensive
plan. At the time of the next updating of the comprehensive plan it must contain the
priority provisions, and within three years the county must adopt ordinances as part of
the county's official controls that ensure that the goals and objectives of the priority
provisions are implemented.
new text end

new text begin 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;
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) encouraging development within city limits;
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; and
new text end

new text begin (6) encouraging farms, privately owned forest lands, and other privately owned open
spaces to stay in business and not sell for development.
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 policies that will protect
open space and the environment by considering adopting the state's livestock production
policy under section 17.844.
new text end

Sec. 4.

Minnesota Statutes 2006, section 394.24, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Development priority. new text end

new text begin In adopting official controls after July 1, 2008, the
county shall consider restricting new residential, commercial, and industrial development
so that the new development takes place in areas under the following priority sequence:
new text end

new text begin (1) the highest priority be given to new development in a statutory or home rule
charter city in which city water and sewer service is currently available;
new text end

new text begin (2) the next priority is in areas immediately adjacent to a city that is zoned for
residential, commercial, or industrial development and city water and sewer service is
either currently available or is to be made available in the near future;
new text end

new text begin (3) the next priority is in areas in which clustered development is permitted and
community water and sewer service is currently available;
new text end

new text begin (4) the next priority is in areas in which clustered development is permitted but
community water and sewer service is not currently available;
new text end

new text begin (5) the next priority is for scattered development in which no more than one
development or residential unit for each 160 acres would be permitted; and
new text end

new text begin (6) the final priority is for scattered development in which more than one
development or residential unit for each 160 acres would be permitted.
new text end

Sec. 5.

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
policies that will protect open space and the environment by considering adopting the
state's livestock production policy under section 17.844.
new text end

Sec. 6.

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 A
comprehensive plan adopted in a city outside the metropolitan area, as defined by section
473.121, subdivision 2, must contain provisions for the preservation of agricultural, forest,
wildlife, and open space land and the minimization of development in sensitive shoreland
areas that are identified as priority provisions of the comprehensive plan. At the time of
the next updating of the comprehensive plan it must contain the priority provisions, and
within three years the municipality must adopt ordinances as part of the municipality's
official controls that ensure that the goals and objectives of the priority provisions are
implemented.
new text end

Sec. 7.

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 priority. new text end

new text begin In adopting official controls after July 1, 2008,
the municipality shall consider restricting new residential, commercial, and industrial
development so that the new development takes place in areas under the following priority
sequence:
new text end

new text begin (1) the highest priority be given to new development in a statutory or home rule
charter city in which city water and sewer service is currently available;
new text end

new text begin (2) the next priority is in areas immediately adjacent to a city that is zoned for
residential, commercial, or industrial development and city water and sewer service is
either currently available or is to be made available in the near future;
new text end

new text begin (3) the next priority is in areas in which clustered development is permitted and
community water and sewer service is currently available;
new text end

new text begin (4) the next priority is in areas in which clustered development is permitted but
community water and sewer service is not currently available;
new text end

new text begin (5) the next priority is for scattered development in which no more than one
development or residential unit for each 160 acres would be permitted; and
new text end

new text begin (6) the final priority is for scattered development in which more than one
development or residential unit for each 160 acres would be permitted.
new text end

Sec. 8. new text begin TITLE.
new text end

new text begin Sections 1 to 8 shall be known as the President Theodore Roosevelt Memorial Bill
to Preserve Agricultural, Forest, Wildlife, and Open Space Land.
new text end

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

new text begin Sections 1 to 8 are effective July 1, 2008.
new text end