HF 1813

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to planning and zoning; requiring counties to consider natural heritage
data in adopting or amending comprehensive plans; requiring comprehensive
plans in greater Minnesota to limit development on agricultural, forest, wildlife,
and open space land; requiring priority provisions in certain county and city
comprehensive plans; requiring certain development to occur in designated
priorities; providing a bill title; amending Minnesota Statutes 2006, sections
394.23; 394.232, subdivision 6; 394.24, by adding a subdivision; 394.25,
subdivision 2; 462.355, subdivision 1; 462.357, by adding subdivisions;
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 2006, 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. 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 adopting the state's livestock production policy.

Sec. 2.

[394.231] COMPREHENSIVE PLANS IN GREATER MINNESOTA.

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 and
that are consistent with section 40A.05, subdivision 2. 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.

The goals and objectives shall include:

(1) minimizing the fragmentation and development of agricultural, forest, wildlife,
and open space lands;

(2) minimizing further development in sensitive shoreland areas;

(3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;

(4) encouraging development within city limits;

(5) encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers; and

(6) encouraging farms, privately owned forest lands, and other privately owned open
spaces to stay in business and not sell for development.

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. 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 adopting the state's livestock production policy.

Sec. 4.

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

Subd. 4.

Development priority.

In adopting official controls after July 1, 2007,
the county must, to the greatest extent practicable, do so with respect to new residential,
commercial, and industrial development so that the new development takes place in areas
under the following priority sequence:

(1) the highest priority must be given to new development in a statutory or home
rule charter city in which city water and sewer service is currently available but only if the
development is consistent with the areas in which development is occurring or likely to
occur as identified in section , subdivision 2, clause (5);

(2) the next priority would be 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 but only if the
development is consistent with the areas in which development is occurring or likely to
occur as identified in section 40A.05, subdivision 2, clause (5);

(3) the next priority would be in areas in which clustered development is permitted
and city water and sewer service is currently available;

(4) the next priority would be in areas in which clustered development is permitted
but city water and sewer service is not currently available;

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

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

Sec. 5.

Minnesota Statutes 2006, section 394.25, subdivision 2, is amended to read:

Subd. 2.

Districts set by zoning ordinances.

Zoning ordinances establishing
districts within which the use of land or the use of water or the surface of water pursuant
to section 86B.205 for agriculture, forestry, recreation, residence, industry, trade, soil
conservation, water supply conservation, surface water drainage and removal, conservation
of shorelands, as defined in sections 103F.201 to 103F.221, and additional uses of land
and of the surface of water pursuant to section 86B.205, may be by official controls
encouraged, regulated, or prohibited and for such purpose the board may divide the county
into districts of such number, shape, and area as may be deemed best suited to carry out
the comprehensive plan. Official controls may also be applied to wetlands preservation,
open space, parks, sewage disposal, protection of groundwater, protection of floodplains
as defined in section 103F.111, protection of wild, scenic, or recreational rivers as defined
in sections 103F.311 and 103F.315, protection of slope, soils, unconsolidated materials
or bedrock from potentially damaging development, preservation of forests, woodlands
and essential wildlife habitat, reclamation of nonmetallic mining lands; protection and
encouragement of access to direct sunlight for solar energy systems as defined in section
216C.06, subdivision 17; and the preservation of agricultural lands. Official controls
adopted after July 1, 2007, applicable to agricultural, forest, wildlife, and open space land
must be consistent with section 40A.05, subdivision 3, and must be adopted and applied to
ensure to the greatest extent practicable the preservation of agricultural, forest, wildlife,
and open space land and to minimize the development of sensitive shoreland areas.
Official controls may include provisions for purchase of development rights by the board
in the form of conservation easements under chapter 84C in areas where preservation is
considered by the board to be desirable, and the transfer of development rights from those
areas to areas within the urban growth boundary of a statutory or home rule charter city or
other areas the board considers more desirable for development.

Sec. 6.

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. 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 adopting the state's livestock production policy.

Sec. 7.

Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision
to read:

Subd. 1h.

Comprehensive plans in greater Minnesota.

A comprehensive plan
adopted in a municipality outside the metropolitan area, as defined in 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 and that are consistent
with section 40A.05, subdivision 2. 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.

Sec. 8.

Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision
to read:

Subd. 9.

Development priority.

In adopting official controls after July 1, 2007,
the municipality must do so with respect to new residential, commercial, and industrial
development so that the new development takes place in areas under the following priority
sequence:

(1) the highest priority must be given to new development in a statutory or home
rule charter city in which city water and sewer service is currently available but only if the
development is consistent with the areas in which development is occurring or likely to
occur as identified in section , subdivision 2, clause (5);

(2) the next priority would be 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 but only if the
development is consistent with the areas in which development is occurring or likely to
occur as identified in section 40A.05, subdivision 2, clause (5);

(3) the next priority would be in areas in which clustered development is permitted
and city water and sewer service is currently available;

(4) the next priority would be in areas in which clustered development is permitted
but city water and sewer service is not currently available;

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

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

Sec. 9. TITLE.

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

Sec. 10. EFFECTIVE DATE.

Sections 1 to 9 are effective July 1, 2007.