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HF 3285

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to metropolitan land use planning; removing the requirement for
metropolitan council review of school district capital improvement programs;
amending Minnesota Statutes 2004, sections 473.175; 473.851; 473.852,
subdivision 4; 473.854; 473.856; 473.857, subdivisions 1, 3; 473.864.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 473.175, is amended to read:


473.175 REVIEW OF COMPREHENSIVE PLANSdeleted text begin; SCHOOL CAPITAL
PROGRAMS
deleted text end.

Subdivision 1.

For compatibility, conformity.

The council shall review the
comprehensive plans of local governmental unitsdeleted text begin and the capital improvement programs
of school districts
deleted text end, prepared and submitted pursuant to Laws 1976, chapter 127, sections 1
to 23, to determine their compatibility with each other and conformity with metropolitan
system plans. The council shall review and comment on the apparent consistency of
the comprehensive plans deleted text beginand capital improvement programsdeleted text end with adopted plans of the
council. The council may require a local governmental unit to modify any comprehensive
plan or part thereof if, upon the adoption of findings and a resolution, the council
concludes that the plan is more likely than not to have a substantial impact on or contain a
substantial departure from metropolitan system plans. A local unit of government may
challenge a council action under this subdivision by following the procedures set forth
in section 473.866.

Subd. 2.

120-day limit, hearing.

deleted text beginWithin 120 days following receipt of a capital
improvement program of a school district, unless a time extension is mutually agreed to,
the council shall return to the school district a statement containing its comments.
deleted text end Within
120 days following receipt of a comprehensive plan of a local governmental unit, unless a
time extension is mutually agreed to, the council shall return to the local governmental
unit a statement containing its comments and, by resolution, its decision, if any, to require
modifications to assure conformance with the metropolitan system plans.

No action shall be taken by any local governmental unit deleted text beginor school districtdeleted text end to place
any such comprehensive plandeleted text begin, capital improvement programdeleted text end or part thereof into effect
until the council has returned the statement to the unit deleted text beginor districtdeleted text end and until the local
governmental unit has incorporated any modifications in the plan required by a final
decision, order, or judgment made pursuant to section 473.866. Promptly after submission,
the council shall notify each city, town, county, or special district which may be affected
by the plans deleted text beginor programsdeleted text end submitted, of the general nature of the plans deleted text beginor programsdeleted text end, the
date of submission, and the identity of the submitting unit deleted text beginor districtdeleted text end. Political subdivisions
contiguous to or within the submitting unit deleted text beginor districtdeleted text end shall be notified in all cases. Within
30 days after receipt of such notice any governmental unit or district so notified or the
local governmental unit deleted text beginor districtdeleted text end submitting the plan deleted text beginor programdeleted text end may request the council
to conduct a hearing at which the submitting unit deleted text beginor districtdeleted text end and any other governmental
unit or subdivision may present its views. The council may attempt to mediate and resolve
differences of opinion which exist among the participants in the hearing with respect to
the plans deleted text beginor programsdeleted text end submitted. If within 120 days, unless a time extension is mutually
agreed to, the council fails to complete its written statement the plans deleted text beginor programsdeleted text end shall be
deemed approved and may be placed into effect. Any amendment to a plan deleted text beginor programdeleted text end
subsequent to the council's review shall be submitted to and acted upon by the council in
the same manner as the original plan deleted text beginor programdeleted text end. The written statement of the council
shall be filed with the plan of the local government unit deleted text beginor the program of the school
district
deleted text end at all places where the plan deleted text beginor programdeleted text end is required by law to be kept on file.

Subd. 3.

Enforcement to get conforming plan.

If a local governmental unit fails
to adopt a comprehensive plan in accordance with Laws 1976, chapter 127, sections 1
to 23 or if the council after a public hearing by resolution finds that a plan substantially
departs from metropolitan system plans and that the local governmental unit has not
adopted a plan with modifications required pursuant to section 473.866 within nine
months following a final decision, order, or judgment made pursuant to section 473.866,
the council may commence civil proceedings to enforce the provisions of Laws 1976,
chapter 127, sections 1 to 23 by appropriate legal action in the district court where the
local governmental unit is located.

Sec. 2.

Minnesota Statutes 2004, section 473.851, is amended to read:


473.851 LEGISLATIVE FINDINGS AND PURPOSE.

The legislature finds and declares that the local governmental units within the
metropolitan area are interdependent, that the growth and patterns of urbanization within
the area create the need for additional state, metropolitan and local public services and
facilities and increase the danger of air and water pollution and water shortages, and
that developments in one local governmental unit may affect the provision of regional
capital improvements for sewers, transportation, airports, water supply, and regional
recreation open space. Since problems of urbanization and development transcend local
governmental boundaries, there is a need for the adoption of coordinated plans, programs
and controls by all local governmental units deleted text beginand school districtsdeleted text end in order to protect
the health, safety and welfare of the residents of the metropolitan area and to ensure
coordinated, orderly and economic development. Therefore, it is the purpose of sections
462.355, subdivision 4, 473.175, and 473.851 to 473.871 to (1) establish requirements and
procedures to accomplish comprehensive local planning with land use controls consistent
with planned, orderly and staged development and the metropolitan system plans, and
(2) to provide assistance to local governmental units deleted text beginand school districtsdeleted text end within the
metropolitan area for the preparation of plans and official controls appropriate for their
areas and consistent with metropolitan system plans.

Sec. 3.

Minnesota Statutes 2004, section 473.852, subdivision 4, is amended to read:


Subd. 4.

Capital improvement program.

"Capital improvement program" means
an itemized program for a five year prospective period, and any amendments thereto,
subject to at least biennial review, setting forth the schedule, timing, and details of specific
contemplated capital improvements by year, together with their estimated cost, the need
for each improvement, financial sources, and the financial impact that the improvements
will have on the local governmental unit deleted text beginor school districtdeleted text end.

Sec. 4.

Minnesota Statutes 2004, section 473.854, is amended to read:


473.854 GUIDELINES.

The council shall prepare and adopt guidelines and procedures relating to the
requirements and provisions of sections 462.355, subdivision 4, 473.175, and 473.851 to
473.871 which will provide assistance to local governmental units deleted text beginand school districtsdeleted text end in
accomplishing the provisions of sections 462.355, subdivision 4, 473.175, and 473.851 to
473.871.

Sec. 5.

Minnesota Statutes 2004, section 473.856, is amended to read:


473.856 METROPOLITAN SYSTEM STATEMENTS; AMENDMENTS.

Local governmental units shall consider in their initial comprehensive plans
submitted to the councildeleted text begin, and school districts shall consider in their initial capital
improvement programs submitted to the council,
deleted text end any amendments or modifications
to metropolitan system plans which were made by the council and transmitted prior
to January 1, 1978. Thereafter, within nine months after receiving an amendment to
a metropolitan system plan, each affected local governmental unit shall review its
comprehensive plan deleted text beginand each affected school district shall review its capital improvement
program
deleted text end to determine if an amendment is necessary to ensure continued conformity with
metropolitan system plans. If an amendment is necessary, the governmental unit deleted text beginor school
district
deleted text end shall prepare the amendment and submit it to the council for review pursuant to
sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871.

Sec. 6.

Minnesota Statutes 2004, section 473.857, subdivision 1, is amended to read:


Subdivision 1.

Request for hearing.

If a local governmental unit deleted text beginor school
district
deleted text end and the council are unable to resolve disagreements over the content of a system
statement, the unit deleted text beginor districtdeleted text end may by resolution request that a hearing be conducted by the
advisory committee or by the state Office of Administrative Hearings for the purpose of
considering amendments to the system statement. The request shall be made by the unit
deleted text begin or districtdeleted text end within 60 days after receipt of the system statement and shall be accompanied
by a description of the disagreement together with specified proposed amendments to the
system statement. If no request for a hearing is received by the council within 60 days, the
statement shall be final.

Sec. 7.

Minnesota Statutes 2004, section 473.857, subdivision 3, is amended to read:


Subd. 3.

Final determination.

Within 30 days of receipt of the report, the council,
by resolution containing findings of fact and conclusions, shall make a final determination
respecting the proposed amendments. At any point in the reconciliation procedure
established by this section, the council and a local governmental unit deleted text beginor districtdeleted text end may
resolve their disagreement by stipulation.

Sec. 8.

Minnesota Statutes 2004, section 473.864, is amended to read:


473.864 PLANSdeleted text begin AND PROGRAMSdeleted text end; ADOPTION; AMENDMENT.

Subdivision 1.

When adopted.

Each local governmental unit shall adopt its
comprehensive plan with required modifications within nine months following a final
decision, order, or judgment made pursuant to section 473.866.deleted text begin Each school district shall
adopt its capital improvement program, after receiving and considering the council's
review statement sent pursuant to section 473.175 and making any amendments which the
school district determines may be appropriate.
deleted text end

Subd. 2.

Decennial review.

By December 31, 1998, and at least once every ten
years thereafter, each local governmental unit shall review and, if necessary, amend its
entire comprehensive plan and its fiscal devices and official controls. Such review and,
if necessary, amendment shall ensure that, as provided in section 473.865, the fiscal
devices and official controls of each local government unit are not in conflict with its
comprehensive plan. Upon completion of review and, if necessary, amendment of its
comprehensive plan, fiscal devices, and official controls as required by this section, each
local government unit shall either:

(a) submit to the Metropolitan Council the entire current comprehensive plan
together with written certification by the governing body of the local government unit that
it has complied with this section and that no amendments to its plan or fiscal devices or
official controls are necessary; or

(b)(1) submit the entire updated comprehensive plan and amendment or amendments
to its comprehensive plan necessitated by its review to the Metropolitan Council for
review; and

(2) submit the amendment or amendments to its fiscal devices or official controls
necessitated by its review to the Metropolitan Council for information purposes as
provided by section 473.865.

Except as otherwise provided in this paragraph, local governments shall consider, in
preparing their updated comprehensive plans, amendments to metropolitan system plans
in effect on December 31, 1996. For metropolitan system plans, or amendments thereto,
adopted after December 31, 1996, local governments shall review their comprehensive
plans to determine if an amendment is necessary to conform to the metropolitan system
plans. If an amendment is necessary, the local government shall prepare the amendment
and submit it to the council for review by September 30, 1999, or nine months after the
council transmits the metropolitan system plan amendment to the local government,
whichever is later.

The periodic review required in this subdivision shall be in addition to the review
required by section 473.856.

The Metropolitan Council may grant extensions to local government units in order
to allow local government units to complete the review and, if necessary, amendment
required by this subdivision. Such extensions, if granted by the Metropolitan Council,
must include a timetable and plan for completion of the review and amendment.

Amendments to comprehensive plans of local governmental units deleted text beginand to capital
improvement programs of school districts
deleted text end shall be prepared, submitted, and adopted in
conformance with guidelines adopted by the Metropolitan Council pursuant to section
473.854.

Sec. 9. new text beginAPPLICATION.
new text end

new text begin Sections 1 to 8 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end