HF 3205

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

  1.1                          A bill for an act
  1.2             relating to waters; establishing the St. Louis river 
  1.3             board in statute; proposing coding for new law in 
  1.4             Minnesota Statutes, chapter 103F. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [103F.356] [ST. LOUIS RIVER BOARD.] 
  1.7      Subdivision 1.  [ESTABLISHMENT.] The St. Louis river board 
  1.8   established by the counties of Carlton, St. Louis, and Lake, and 
  1.9   by several towns, by agreement entered into in March 1991, 
  1.10  pursuant to section 471.59, is established as a permanent board 
  1.11  with authority to prepare, adopt, and implement a comprehensive 
  1.12  land use plan designed to protect and enhance the St. Louis, 
  1.13  Cloquet, and Whiteface rivers and related shoreland areas 
  1.14  situated within the counties. 
  1.15     Subd. 2.  [MEMBERSHIP.] (a) The board shall consist of 13 
  1.16  members consisting of:  three members from St. Louis county; two 
  1.17  members from Carlton county; one member from Lake county; six 
  1.18  members from townships in the area; and one member from the Fond 
  1.19  du Lac reservation. 
  1.20     (b) The terms of board members are two years commencing on 
  1.21  the first Monday in January of odd-numbered years.  
  1.22     (c) Vacancies on the board shall be filled for the 
  1.23  remainder of the term by the governing body that made the 
  1.24  original appointment.  
  1.25     (d) The governing body of a county may designate another 
  2.1   member of the governing body or a county officer to act as an 
  2.2   alternate for the member appointed by that county.  
  2.3      Subd. 3.  [OFFICERS.] (a) The board shall annually appoint 
  2.4   from among its members a chair, vice-chair, and 
  2.5   secretary-treasurer who shall serve for concurrent one-year 
  2.6   terms.  
  2.7      (b) The chair shall preside over all meetings of the board 
  2.8   and may call special meetings at reasonable times and upon 
  2.9   adequate notice when necessary.  
  2.10     (c) The vice-chair shall preside over the meetings of the 
  2.11  board in the absence of the chair.  
  2.12     (d) The secretary-treasurer or the designee of the 
  2.13  secretary-treasurer shall keep a record of all proceedings of 
  2.14  the board.  The secretary-treasurer shall provide for the proper 
  2.15  receipt and disbursement of funds.  
  2.16     Subd. 4.  [MEETINGS.] (a) The regular meetings of the board 
  2.17  shall be held at times and places prescribed by it.  
  2.18     (b) A majority of all members of the board shall constitute 
  2.19  a quorum and a majority vote of all members shall be required 
  2.20  for actions taken by the board.  
  2.21     Subd. 5.  [FUNDING.] The board shall annually submit to 
  2.22  each county for its approval an estimate of the funds it will 
  2.23  need from that county in the next fiscal year to prepare and 
  2.24  implement the plan and otherwise carry out the duties imposed 
  2.25  upon it by law.  Each county shall, upon approval of the 
  2.26  estimate by its governing body, furnish the necessary funds to 
  2.27  the board.  The board may apply for, receive, and disburse 
  2.28  federal, state, local, and other grants and donations. 
  2.29     Subd. 6.  [ADVISORY COMMITTEES.] The board may appoint 
  2.30  advisory committees, representing a broad geographical area and 
  2.31  diverse public interests, and conduct public meetings and 
  2.32  hearings necessary to afford the public an opportunity to become 
  2.33  fully informed of all deliberations in the preparation and 
  2.34  implementation of the plan. 
  2.35     Subd. 7.  [CONTACT WITH GOVERNMENT AGENCIES.] The board 
  2.36  shall initiate and maintain contacts with governmental agencies 
  3.1   as necessary to properly prepare the plan and shall negotiate 
  3.2   cooperative management agreements with the United States Forest 
  3.3   Service and Bureau of Land Management and the state department 
  3.4   of natural resources.  The board shall negotiate a cooperative 
  3.5   management and jurisdiction agreement with the reservation 
  3.6   governing body of the Fond du Lac reservation. 
  3.7      Subd. 8.  [BIENNIAL REPORT.] During the first year of each 
  3.8   biennial legislative session, the board shall prepare and 
  3.9   present to the appropriate policy committees of the legislature 
  3.10  a report concerning the actions of the board in exercising the 
  3.11  authority granted by the legislature under this act.  The report 
  3.12  must include an assessment of the effectiveness of the plan and 
  3.13  its implementation in protecting and enhancing the natural, 
  3.14  scientific, historical, recreational, and cultural values of the 
  3.15  St. Louis, Cloquet, and Whiteface rivers and related shorelands 
  3.16  situated within the member counties.  
  3.17     Sec. 2.  [103F.357] [PLAN IMPLEMENTATION.] 
  3.18     Subdivision 1.  [IMPLEMENTATION REQUIRED.] The plan 
  3.19  described in section 103F.356 shall be implemented by the St. 
  3.20  Louis river board as provided in this section and section 
  3.21  103F.359.  
  3.22     Subd. 2.  [PLAN PROVIDES MINIMUM STANDARDS.] The standards 
  3.23  set forth in the plan are the minimum standards which may be 
  3.24  adopted by the board and by the counties for the protection and 
  3.25  enhancement of the natural, scientific, historical, 
  3.26  recreational, and cultural values of the St. Louis, Cloquet, and 
  3.27  Whiteface rivers and related shoreland areas subject to the 
  3.28  plan.  Except for forest management, fish and wildlife habitat 
  3.29  improvement, and open space recreational uses as defined in the 
  3.30  plan, state or county lands within the boundaries established by 
  3.31  the plan may not be offered for public sale or lease.  The 
  3.32  board, after public hearing, may amend the plan in any way that 
  3.33  does not reduce the minimum standards set forth in the plan.  
  3.34     Subd. 3.  [IMPLEMENTATION.] The board shall develop and 
  3.35  establish a schedule for implementation and common 
  3.36  administration of the plan by the counties.  The schedule shall 
  4.1   be binding upon the counties subject to approval by the 
  4.2   governing bodies of the respective counties.  
  4.3      Subd. 4.  [COUNTY LAND USE ORDINANCE MUST BE CONSISTENT 
  4.4   WITH PLAN.] The counties shall adopt land use ordinances 
  4.5   consistent with the plan.  
  4.6      Sec. 3.  [103F.358] [RESPONSIBILITIES OF OTHER GOVERNMENTAL 
  4.7   UNITS.] 
  4.8      All local and special governmental units, councils, 
  4.9   commissions, boards, and districts and all state agencies and 
  4.10  departments must exercise their powers so as to further the 
  4.11  purposes of this act and the plan.  Land owned by the state, its 
  4.12  agencies, and political subdivisions shall be administered in 
  4.13  accordance with the plan. 
  4.14     Actions that comply with the land use ordinance are 
  4.15  consistent with the plan.  Actions that do not comply with the 
  4.16  ordinance may not be started until the board has been notified 
  4.17  and given an opportunity to review and comment on the 
  4.18  consistency of the action with this section. 
  4.19     Sec. 4.  [103F.359] [REVIEW AND CERTIFICATION OF LAND USE 
  4.20  ACTIONS.] 
  4.21     Subdivision 1.  [PURPOSE.] To ensure that the plan is not 
  4.22  nullified by unjustified exceptions in particular cases and to 
  4.23  promote uniformity in the treatment of applications for 
  4.24  exceptions, a review and certification procedure is established 
  4.25  for the following categories of land use actions taken by the 
  4.26  counties and directly or indirectly affecting land use within 
  4.27  the area covered by the plan:  
  4.28     (1) the adoption or amendment of an ordinance regulating 
  4.29  the use of land, including rezoning of particular tracts of 
  4.30  land; 
  4.31     (2) the granting of a variance from provisions of the land 
  4.32  use ordinance; and 
  4.33     (3) the approval of a plat which is inconsistent with the 
  4.34  land use ordinance.  
  4.35     Subd. 2.  [CERTIFICATION.] Notwithstanding any provision of 
  4.36  chapter 394 to the contrary, an action of a type specified in 
  5.1   subdivision 1, clauses (1) to (3), is not effective until the 
  5.2   board has reviewed the action and certified that it is 
  5.3   consistent with the plan.  In determining consistency of 
  5.4   ordinances and ordinance amendments, the provisions of the plan 
  5.5   shall be considered minimum standards.  An aggrieved person may 
  5.6   appeal a decision of the type specified in subdivision 1, 
  5.7   clauses (1) to (3), that is reviewed by the board under this 
  5.8   section in the same manner as provided for review of a decision 
  5.9   of a board of adjustment in section 394.27, subdivision 9, but 
  5.10  only after the procedures prescribed under this section have 
  5.11  been completed.  
  5.12     Subd. 3.  [PROCEDURE FOR CERTIFICATION.] A copy of the 
  5.13  notices of public hearings or, when a hearing is not required, a 
  5.14  copy of the application to consider an action of a type 
  5.15  specified in subdivision 1, clauses (1) to (3), must be 
  5.16  forwarded to the board by the county at least 15 days before the 
  5.17  hearing or meetings to consider the actions.  The county shall 
  5.18  notify the board of its final decision on the proposed action 
  5.19  within ten days of the decision.  By 30 days after the board 
  5.20  receives the notice, the board shall notify the county and the 
  5.21  applicant of its approval or disapproval of the proposed action. 
  5.22     Subd. 4.  [DISAPPROVAL OF ACTIONS.] (a) If a notice of 
  5.23  disapproval is issued by the board, the county or the applicant 
  5.24  may, within 30 days of the notice, file with the board a demand 
  5.25  for a hearing.  If a demand is not filed within the 30-day 
  5.26  period, the disapproval becomes final.  
  5.27     (b) If a demand is filed within the 30-day period, a 
  5.28  hearing must be held within 60 days of demand.  The hearing must 
  5.29  be preceded by two weeks' published notice.  Within 30 days 
  5.30  after the hearing, the board must: 
  5.31     (1) affirm its disapproval of the proposed action; or 
  5.32     (2) certify approval of the proposed action.  
  5.33     Sec. 5.  [103F.360] [INCORPORATION AND ANNEXATION.] 
  5.34     Subdivision 1.  [MORATORIUM ON CERTAIN ACTIVITIES.] If land 
  5.35  subject to the plan is annexed, incorporated, or otherwise 
  5.36  subjected to the land use planning authority of a home rule 
  6.1   charter or statutory city, a moratorium shall exist on: 
  6.2      (1) all subdivision platting and building permits on the 
  6.3   land until zoning regulations are adopted for the land that 
  6.4   comply with the provisions of the plan; and 
  6.5      (2) construction, grading and filling, and vegetative 
  6.6   cutting as those activities are defined in the plan.  
  6.7      Subd. 2.  [EXCEPTION FOR WORK UNDER PRIOR PERMITS.] This 
  6.8   section does not apply to work done pursuant to lawful permits 
  6.9   issued before the land became subject to the land use planning 
  6.10  authority of the city.