HF 1645

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; providing for the 
  1.3             purchase and transfer of certain development rights; 
  1.4             appropriating money; amending Minnesota Statutes 1996, 
  1.5             sections 394.25, subdivision 2; and 462.357, 
  1.6             subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 394.25, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [DISTRICTS SET BY ZONING ORDINANCES.] Zoning 
  1.11  ordinances establishing districts within which the use of land 
  1.12  or the use of water or the surface of water pursuant to section 
  1.13  86B.205 for agriculture, forestry, recreation, residence, 
  1.14  industry, trade, soil conservation, water supply conservation, 
  1.15  surface water drainage and removal, conservation of shorelands, 
  1.16  as defined in sections 103F.201 to 103F.221, and additional uses 
  1.17  of land and of the surface of water pursuant to section 86B.205, 
  1.18  may be by official controls encouraged, regulated, or prohibited 
  1.19  and for such purpose the board may divide the county into 
  1.20  districts of such number, shape, and area as may be deemed best 
  1.21  suited to carry out the comprehensive plan.  Official controls 
  1.22  may also be applied to wetlands preservation, open space, parks, 
  1.23  sewage disposal, protection of groundwater, protection of 
  1.24  floodplains as defined in section 103F.111, protection of wild, 
  1.25  scenic, or recreational rivers as defined in sections 103F.311 
  1.26  and 103F.315, protection of slope, soils, unconsolidated 
  2.1   materials or bedrock from potentially damaging development, 
  2.2   preservation of forests, woodlands and essential wildlife 
  2.3   habitat, reclamation of nonmetallic mining lands; protection and 
  2.4   encouragement of access to direct sunlight for solar energy 
  2.5   systems as defined in section 216C.06, subdivision 8; and the 
  2.6   preservation of agricultural lands.  Official controls may 
  2.7   include provisions for purchase by the board of development 
  2.8   rights in the form of conservation easements under chapter 84C 
  2.9   in areas where preservation is considered by the board to be 
  2.10  desirable, and the transfer of development rights from those 
  2.11  areas to areas the board considers more desirable. 
  2.12     Sec. 2.  Minnesota Statutes 1996, section 462.357, 
  2.13  subdivision 1, is amended to read: 
  2.14     Subdivision 1.  [AUTHORITY FOR ZONING.] For the purpose of 
  2.15  promoting the public health, safety, morals, and general 
  2.16  welfare, a municipality may by ordinance regulate on the earth's 
  2.17  surface, in the air space above the surface, and in subsurface 
  2.18  areas, the location, height, width, bulk, type of foundation, 
  2.19  number of stories, size of buildings and other structures, the 
  2.20  percentage of lot which may be occupied, the size of yards and 
  2.21  other open spaces, the density and distribution of population, 
  2.22  the uses of buildings and structures for trade, industry, 
  2.23  residence, recreation, public activities, or other purposes, and 
  2.24  the uses of land for trade, industry, residence, recreation, 
  2.25  agriculture, forestry, soil conservation, water supply 
  2.26  conservation, conservation of shorelands, as defined in sections 
  2.27  103F.201 to 103F.221, access to direct sunlight for solar energy 
  2.28  systems as defined in section 216C.06, flood control or other 
  2.29  purposes, and may establish standards and procedures regulating 
  2.30  such uses.  To accomplish these purposes, official controls may 
  2.31  include provision for purchase by the governing body of 
  2.32  development rights in the form of conservation easements under 
  2.33  chapter 84C in areas where the governing body considers 
  2.34  preservation desirable and the transfer of development rights 
  2.35  from those areas to areas the governing body considers more 
  2.36  appropriate.  No regulation may prohibit earth sheltered 
  3.1   construction as defined in section 216C.06, subdivision 2, 
  3.2   relocated residential buildings, or manufactured homes built in 
  3.3   conformance with sections 327.31 to 327.35 that comply with all 
  3.4   other zoning ordinances promulgated pursuant to this section.  
  3.5   The regulations may divide the surface, above surface, and 
  3.6   subsurface areas of the municipality into districts or zones of 
  3.7   suitable numbers, shape, and area.  The regulations shall be 
  3.8   uniform for each class or kind of buildings, structures, or land 
  3.9   and for each class or kind of use throughout such district, but 
  3.10  the regulations in one district may differ from those in other 
  3.11  districts.  The ordinance embodying these regulations shall be 
  3.12  known as the zoning ordinance and shall consist of text and 
  3.13  maps.  A city may by ordinance extend the application of its 
  3.14  zoning regulations to unincorporated territory located within 
  3.15  two miles of its limits in any direction, but not in a county or 
  3.16  town which has adopted zoning regulations; provided that where 
  3.17  two or more noncontiguous municipalities have boundaries less 
  3.18  than four miles apart, each is authorized to control the zoning 
  3.19  of land on its side of a line equidistant between the two 
  3.20  noncontiguous municipalities unless a town or county in the 
  3.21  affected area has adopted zoning regulations.  Any city may 
  3.22  thereafter enforce such regulations in the area to the same 
  3.23  extent as if such property were situated within its corporate 
  3.24  limits, until the county or town board adopts a comprehensive 
  3.25  zoning regulation which includes the area. 
  3.26     Sec. 3.  [APPROPRIATION.] 
  3.27     $1,000,000 in fiscal year 1998 is appropriated from the 
  3.28  general fund to the commissioner of natural resources for grants 
  3.29  to local government units to purchase and transfer development 
  3.30  rights under sections 1 and 2 as part of a program that 
  3.31  identifies a land inventory, a protected area within the land 
  3.32  inventory, and a process to encourage voluntary donations using 
  3.33  one-on-one and small group meetings with landowners and a 
  3.34  process that includes feedback to identify the interests and 
  3.35  concerns of landowners and others.