HF 2886

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to metropolitan land planning; providing for 
  1.3             zoning to supersede a comprehensive plan if they 
  1.4             conflict; amending Minnesota Statutes 1995 Supplement, 
  1.5             section 473.858, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.8   473.858, subdivision 1, is amended to read: 
  1.9      Subdivision 1.  Within three years following the receipt of 
  1.10  the metropolitan system statement, every local governmental unit 
  1.11  shall have prepared a comprehensive plan in accordance with 
  1.12  sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871 
  1.13  and the applicable planning statute and shall have submitted the 
  1.14  plan to the metropolitan council for review pursuant to section 
  1.15  473.175.  The provisions of sections 462.355, subdivision 4, 
  1.16  473.175, and 473.851 to 473.871 shall supersede the provisions 
  1.17  of the applicable planning statute wherever a conflict may 
  1.18  exist.  If the comprehensive municipal plan is in conflict with 
  1.19  the zoning ordinance, the zoning ordinance shall be brought into 
  1.20  conformance with the plan by local government units in 
  1.21  conjunction with the review and, if necessary, amendment of its 
  1.22  comprehensive plan required under section 473.864, subdivision 
  1.23  2.  After August 1, 1995, a local government unit shall not 
  1.24  adopt any fiscal device or official control which is in conflict 
  1.25  with its comprehensive plan, including any amendments to the 
  2.1   plan, or which permits activity in conflict with metropolitan 
  2.2   system plans, as defined by section 473.852, subdivision 8.  The 
  2.3   comprehensive plan shall provide guidelines for the timing and 
  2.4   sequence of the adoption of official controls to ensure planned, 
  2.5   orderly, and staged development and redevelopment consistent 
  2.6   with the comprehensive plan.  For purposes of this section, a 
  2.7   fiscal device or official control shall not be considered to be 
  2.8   in conflict with a local government unit's comprehensive plan or 
  2.9   to permit an activity in conflict with metropolitan system plans 
  2.10  if such fiscal device or official control is adopted to ensure 
  2.11  the planned, orderly, and staged development of urbanization or 
  2.12  redevelopment areas designated in the comprehensive plan 
  2.13  pursuant to section 473.859, subdivision 5 supersedes the plan. 
  2.14     Sec. 2.  [APPLICATION.] 
  2.15     Section 1 applies in the counties of Anoka, Carver, Dakota, 
  2.16  Hennepin, Ramsey, Scott, and Washington.