as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to comprehensive local planning; 1.3 reestablishing local control of comprehensive 1.4 planning; repealing metropolitan land use planning and 1.5 metropolitan council review of local comprehensive 1.6 plans; making conforming changes; amending Minnesota 1.7 Statutes 2002, sections 103B.231, subdivision 7; 1.8 103B.255, subdivision 8; 462.355, subdivision 1a; 1.9 473.146, subdivision 1; 473.1551, subdivision 1; 1.10 473.173, subdivisions 3, 4; 473.867, subdivisions 1, 1.11 6; 473.871; 473H.02, subdivisions 4, 7; repealing 1.12 Minnesota Statutes 2002, sections 103B.205, 1.13 subdivisions 6, 7, 10; 473.175; 473.851; 473.852; 1.14 473.853; 473.854; 473.856; 473.857; 473.858; 473.859; 1.15 473.86; 473.861; 473.862; 473.863; 473.864; 473.865; 1.16 473.866; 473.868; 473.869; 473.87. 1.17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.18 ARTICLE 1 1.19 REESTABLISHING LOCAL CONTROL OF COMPREHENSIVE PLANNING 1.20 Section 1. Minnesota Statutes 2002, section 462.355, 1.21 subdivision 1a, is amended to read: 1.22 Subd. 1a. [PLAN UPDATE BY METROPOLITAN MUNICIPALITIES.] 1.23 Each municipality in the metropolitan area, as defined in 1.24 section 473.121, subdivision 2, shall review and update its 1.25 comprehensive plan and fiscal devices and official controls
as1.26 provided in section 473.864, subdivision 2by December 31, 2008, 1.27 and at least once every ten years thereafter. 1.28 Sec. 2. [REPEALER.] 1.29 Minnesota Statutes 2002, sections 473.175; 473.851; 1.30 473.852; 473.853; 473.854; 473.856; 473.857; 473.858; 473.859; 1.31 473.86; 473.861; 473.862; 473.863; 473.864; 473.865; 473.866; 2.1 473.868; 473.869; and 473.87, are repealed. 2.2 Sec. 3. [EFFECTIVE DATE.] 2.3 This article is effective the day after its final enactment. 2.4 ARTICLE 2 2.5 CONFORMING AMENDMENTS 2.6 Section 1. Minnesota Statutes 2002, section 103B.231, 2.7 subdivision 7, is amended to read: 2.8 Subd. 7. [REVIEW OF THE DRAFT PLAN.] (a) Upon completion 2.9 of the plan but before final adoption by the organization, the 2.10 organization must submit the draft plan for a 60-day review and 2.11 comment period to all counties, the metropolitan council,the 2.12 state review agencies, the board of water and soil resources, 2.13 soil and water conservation districts, towns, and statutory and 2.14 home rule charter cities having territory within the watershed. 2.15 A local government unit that expects that substantial amendment 2.16 of its local comprehensive plan will be necessary to bring local 2.17 water management into conformance with the watershed plan must 2.18 describe as specifically as possible, within its comments, the 2.19 amendments to the local plan that it expects will be necessary. 2.20 If the county has a groundwater plan, the county must review and 2.21 comment on the consistency of the watershed plan with the county 2.22 groundwater plan. Differences among local governmental agencies 2.23 regarding the plan must be mediated. Notwithstanding sections2.24 103D.401, 103D.405, and 473.165, the council shall review the2.25 plan in the same manner and with the same authority and effect2.26 as provided for the council's review of the comprehensive plans2.27 of local government units under section 473.175.The council 2.28 shall comment on the apparent conformity with metropolitan 2.29 system plans of any anticipated amendments to local 2.30 comprehensive plans. The council shall advise the board of 2.31 water and soil resources on whether the plan conforms with the 2.32 management objectives and target pollution loads stated in the 2.33 council's water resources plan and shall recommend changes in 2.34 the plan that would satisfy the council's plan. 2.35 (b) The watershed management organization must respond in 2.36 writing to any concerns expressed by the review agencies within 3.1 30 days of receipt thereof. 3.2 (c) The watershed management organization must hold a 3.3 public hearing on the draft plan no sooner than 30 days and no 3.4 later than 45 days after the 60-day review period of the draft 3.5 plan. The board or boards of the affected counties shall 3.6 approve or disapprove projects in the capital improvement 3.7 program which may require the provision of county funds pursuant 3.8 to section 103B.251 or 103D.901, subdivision 2. Each county has 3.9 up until the date of the public hearing on the draft plan to 3.10 complete its review of the capital improvement program. If the 3.11 county fails to complete its review within the prescribed 3.12 period, unless an extension is agreed to by the organization the 3.13 program shall be deemed approved. If the watershed extends into 3.14 more than one county and one or more counties disapprove of all 3.15 or part of a capital improvement program while the other county 3.16 or counties approve, the program shall be submitted to the board 3.17 of water and soil resources for review pursuant to subdivision 9. 3.18 Sec. 2. Minnesota Statutes 2002, section 103B.255, 3.19 subdivision 8, is amended to read: 3.20 Subd. 8. [REVIEW OF THE DRAFT PLAN.] (a) Upon completion 3.21 of the groundwater plan but before final adoption by the county, 3.22 the county shall submit the draft plan for a 60-day review and 3.23 comment period to adjoining counties, the metropolitan council,3.24 the state review agencies, the board of water and soil 3.25 resources, each soil and water conservation district, town, 3.26 statutory and home rule charter city, and watershed management 3.27 organization having territory within the county. The county 3.28 also shall submit the plan to any other county or watershed 3.29 management organization or district in the affected groundwater 3.30 system that could affect or be affected by implementation of the 3.31 plan. Any political subdivision or watershed management 3.32 organization that expects that substantial amendment of its 3.33 plans would be necessary in order to bring them into conformance 3.34 with the county groundwater plan shall describe as specifically 3.35 as possible, within its comments, the amendments that it expects 3.36 would be necessary and the cost of amendment and 4.1 implementation. Reviewing entities have 60 days to review and 4.2 comment. Differences among local governmental agencies 4.3 regarding the plan must be mediated. Notwithstanding sections4.4 103D.401, 103D.405, and 473.165, the council shall review the4.5 plan in the same manner and with the same authority and effect4.6 as provided in section 473.175 for review of the comprehensive4.7 plans of local government units.The council shall comment on 4.8 the apparent conformity with metropolitan system plans of any 4.9 anticipated amendments to watershed plans and local 4.10 comprehensive plans. The council shall advise the board of 4.11 water and soil resources on whether the plan conforms with the 4.12 management objectives stated in the council's water resources 4.13 plan and shall recommend changes in the plan that would satisfy 4.14 the council's plan. 4.15 (b) The county must respond in writing to any concerns 4.16 expressed by the reviewing agencies within 30 days of receipt 4.17 thereof. 4.18 (c) The county shall hold a public hearing on the draft 4.19 plan no sooner than 30 days and no later than 45 days after the 4.20 60-day review period of the draft plan. 4.21 Sec. 3. Minnesota Statutes 2002, section 473.146, 4.22 subdivision 1, is amended to read: 4.23 Subdivision 1. [REQUIREMENT.] The council shall adopt a 4.24 long-range comprehensive policy plan for transportation, 4.25 airports, and wastewater treatment. The plans must 4.26 substantially conform to all policy statements, purposes, goals, 4.27 standards, and maps in the development guide developed and 4.28 adopted by the council under this chapter. Each policy plan 4.29 must include, to the extent appropriate to the functions, 4.30 services, and systems covered, the following: 4.31 (1) forecasts of changes in the general levels and 4.32 distribution of population, households, employment, land uses, 4.33 and other relevant matters, for the metropolitan area and 4.34 appropriate subareas; 4.35 (2) a statement of issues, problems, needs, and 4.36 opportunities with respect to the functions, services, and 5.1 systems covered; 5.2 (3) a statement of the council's goals, objectives, and 5.3 priorities with respect to the functions, services, and systems 5.4 covered, addressing areas and populations to be served, the 5.5 levels, distribution, and staging of services; a general 5.6 description of the facility systems required to support the 5.7 services, and other similar matters; 5.8 (4) a statement of policies to effectuate the council's 5.9 goals, objectives, and priorities; 5.10 (5) a statement of the fiscal implications of the council's 5.11 plan, including a statement of: (i) the resources available 5.12 under existing fiscal policy; (ii) the adequacy of resources 5.13 under existing fiscal policy and any shortfalls and unattended 5.14 needs; (iii) additional resources, if any, that are or may be 5.15 required to effectuate the council's goals, objectives, and 5.16 priorities; and (iv) any changes in existing fiscal policy, on 5.17 regional revenues and intergovernmental aids respectively, that 5.18 are expected or that the council has recommended or may 5.19 recommend; 5.20 (6) a statement of the relationship of the policy plan to 5.21 other policy plans and chapters of the metropolitan development 5.22 guide; and 5.23 (7) a statement of the relationships to local comprehensive5.24 plans prepared under sections 473.851 to 473.871; and5.25 (8)additional general information as may be necessary to 5.26 develop the policy plan or as may be required by the laws 5.27 relating to the metropolitan agency and function covered by the 5.28 policy plan. 5.29 Sec. 4. Minnesota Statutes 2002, section 473.1551, 5.30 subdivision 1, is amended to read: 5.31 Subdivision 1. [CANDIDATE SEARCH AREAS PROTECTION.] (a) 5.32 The provisions of this subdivision apply within areas designated 5.33 by the metropolitan council as candidates for selection as a 5.34 search area for a new major airport under section 473.155, 5.35 subdivision 3. The provisions apply until the council has 5.36 selected a search area under section 473.155, subdivision 3. 6.1 (b) All land within the candidate search areas not zoned 6.2 for other use is zoned for use exclusively for agricultural 6.3 purposes, except that a prior nonconforming use established with 6.4 reference to any lot or parcel of land may be continued. 6.5 (c) A local government unit in the metropolitan area may6.6 not permit a change in zoning, a zoning variance, or a6.7 conditional use, including planned unit developments, that the6.8 local unit or the metropolitan council determines is6.9 inconsistent with the comprehensive plan for the local6.10 government unit adopted in accordance with sections 473.175 and6.11 473.851 to 473.871, or any other authority. Before approving an6.12 application or proposal for a change in zoning, zoning variance,6.13 or conditional use, the local government unit shall submit the6.14 application or proposal to the metropolitan council for review6.15 and approval or disapproval. The council may disapprove the6.16 application or proposal only if the council determines that it6.17 is inconsistent with the comprehensive plan of the local unit.6.18 (d) The council shall give notice to the metropolitan6.19 airports commission of all submittals under paragraph (c). The6.20 commission may comment to the council on any submittal.6.21 (e) The council shall approve or disapprove a submittal6.22 within 90 days following receipt by the council, unless a time6.23 extension is mutually agreed to by the council and the6.24 submitting unit. The commission has 45 days after notification6.25 to comment. The council and the commission shall establish6.26 administrative procedures for expedited disposition of proposals6.27 or applications that do not warrant metropolitan review.6.28 (f)If a candidate search area includes land within a local 6.29 unit of government outside of the metropolitan area, the 6.30 metropolitan council and the local unit may enter into an 6.31 agreement for the joint exercise of powers necessary to 6.32 determine whether a proposed change in zoning, zoning variance, 6.33 or conditional use will be compatible with the development and 6.34 operation of a major airport. 6.35 Sec. 5. Minnesota Statutes 2002, section 473.173, 6.36 subdivision 3, is amended to read: 7.1 Subd. 3. [FACTORS.] In developing the rules, the 7.2 council and the advisory metropolitan land use committee, as7.3 defined in section 473.852,shall give consideration to all 7.4 factors deemed relevant including but not limited to the 7.5 following: 7.6 (1) The impact a proposed matter will have on the orderly, 7.7 economical development, public and private, of the metropolitan 7.8 area and its consistency with the metropolitan development 7.9 guide; 7.10 (2) The relationship a proposed matter will have to the 7.11 policy statement goals, standards, programs, and other 7.12 applicable provisions of the development guide; 7.13 (3) The impact a proposed matter will have on policy plans 7.14 adopted by the council; 7.15 (4) Functions of municipal governments in respect to 7.16 control of land use as provided for under the Municipal Planning 7.17 Act. 7.18 Sec. 6. Minnesota Statutes 2002, section 473.173, 7.19 subdivision 4, is amended to read: 7.20 Subd. 4. [POWERS, REQUIREMENTS.] The rules shall include, 7.21 without limitation, provisions to effectuate and comply with the 7.22 following powers and requirements: 7.23 (1) No applicant shall be required to submit a proposed 7.24 matter for review more than once unless it is materially altered. 7.25 (1a) A public hearing shall be held prior to the final 7.26 determination with regard to a proposed matter. 7.27 (2) The council shall be empowered to suspend action on a 7.28 proposed matter during the period of review and for a period not 7.29 to exceed 12 months following the issuance of its final 7.30 determination. In its final determination, the council may 7.31 prescribe appropriate conditions with regard to a proposed 7.32 matter which, if incorporated or complied with, would cause the 7.33 council to remove the suspension. 7.34 (3) The council's recommendation or determination 7.35 concerning a proposed matter, including the determination as to 7.36 its metropolitan significance, shall be issued within 90 days 8.1 following its receipt of a proposal accompanied by adequate 8.2 supporting information, unless all parties consent in writing to 8.3 an extension. The council shall extend the time to complete the 8.4 proceeding by an additional 30 days if the council determines 8.5 that a fair hearing cannot be completed in the time allowed. To 8.6 avoid duplication, the review may be suspended for not more than 8.7 90 days to await completion of review of a matter by another 8.8 public agency. 8.9 (4) The council shall be required to review a proposed 8.10 matter upon request of an affected local governmental unit. The 8.11 rules shall include a procedure for review of a proposed matter 8.12 upon petition by a specified number of residents of the 8.13 metropolitan area 18 years of age or older. 8.14 (5) The council shall be empowered to review all proposed 8.15 matters of metropolitan significance regardless of whether the 8.16 council has received a request from an affected body to conduct 8.17 that review. 8.18 (6) The council shall review all proposed matters 8.19 determined to be of metropolitan significance as to their8.20 consistency with and effect upon metropolitan system plans as8.21 defined in section 473.852 andtheir adverse effects on other 8.22 local governmental units. 8.23 (7) The council's approved policy plans and areas of 8.24 operational authority shall not be subject to review under this 8.25 section. 8.26 (8) When announcing the scope of a significance review in 8.27 the notice commencing the review, the council shall state with 8.28 particularity, with respect to each issue identified in the 8.29 scoping document, the policies, provisions, statements, or other 8.30 elements in metropolitan development guide chapters or policy 8.31 plans and any other criteria or standards that will be 8.32 considered or relied on in assessing and determining the 8.33 metropolitan significance of the proposed project. The 8.34 statement may be amended by notice to all parties given at least 8.35 seven days before the public hearing. The statement does not 8.36 preclude council comment on the consistency of the proposed 9.1 project with any plans or policies of the council. 9.2 (9) Hearings must be conducted in accordance with the 9.3 following procedures, unless waived in writing by the parties: 9.4 (a) The parties have the right to counsel. 9.5 (b) All testimony must be under oath. 9.6 (c) A complete and accurate record of all proceedings must 9.7 be maintained. 9.8 (d) Any party or witness may be questioned by the hearing 9.9 committee or judge, or by other parties. 9.10 (e) The burden of proof that a matter is of metropolitan 9.11 significance is on the council. 9.12 (f) Decisions of the council on the metropolitan 9.13 significance of a project must be based on a fair preponderance 9.14 of the relevant evidence contained in the record and on written 9.15 findings. 9.16 Sec. 7. Minnesota Statutes 2002, section 473.867, 9.17 subdivision 1, is amended to read: 9.18 Subdivision 1. [ADVISORY MATERIALS, MODELS, ASSISTANCE.] 9.19 The council shall prepare and provide advisory materials, model 9.20 plan provisions and official controls, and on the request of a 9.21 local governmental unit may provide assistance, to accomplish 9.22 the purposes of sectionssection 462.355, subdivision 4, 9.23 473.175, and 473.851 to 473.871. The council may also provide 9.24 specific technical and legal assistance in connection with the 9.25 preparation, adoption and defense of plans, programs, and 9.26 controls. 9.27 Sec. 8. Minnesota Statutes 2002, section 473.867, 9.28 subdivision 6, is amended to read: 9.29 Subd. 6. [ASSISTANCE FOR PLAN UPDATES.] The council shall 9.30 give priority for the use of loan and grant funds available 9.31 under this section to local governmental units for review and 9.32 amendment of local comprehensive plans and fiscal devices and 9.33 official controls , as required by section 473.864, subdivision9.34 2. The council shall consult with affected local government 9.35 units to evaluate the need for technical and financial 9.36 assistance. 10.1 Sec. 9. Minnesota Statutes 2002, section 473.871, is 10.2 amended to read: 10.3 473.871 [NEW MUNICIPAL SEWER SYSTEMS.] 10.4 Notwithstanding the provisions of sectionssection 462.355, 10.5 subdivision 4, 473.175, and 473.851 to 473.871the council shall 10.6 have no authority under this chapter to require a local 10.7 governmental unit to construct a new sewer system. 10.8 Sec. 10. Minnesota Statutes 2002, section 473H.02, 10.9 subdivision 4, is amended to read: 10.10 Subd. 4. [AUTHORITY.] "Authority" means the unit of 10.11 government exercising planning and zoning authority for the land 10.12 specified in an application as provided under section 473H.05 10.13 and pursuant to sections 394.21 to 394.37, 462.351 to 462.364, 10.14 or 366.10 to 366.19. Where both a county and a township have10.15 adopted zoning regulations, the authority shall be the unit of10.16 government designated to prepare a comprehensive plan pursuant10.17 to section 473.861, subdivision 2.10.18 Sec. 11. Minnesota Statutes 2002, section 473H.02, 10.19 subdivision 7, is amended to read: 10.20 Subd. 7. [LONG-TERM AGRICULTURAL LAND.] "Long-term 10.21 agricultural land" means land in the metropolitan area 10.22 designated for agricultural use in local or county comprehensive 10.23 plans adopted and reviewed pursuant to sections 473.175, and10.24 473.851 to 473.871, andwhich has been zoned specifically for 10.25 agricultural use permitting a maximum residential density of not 10.26 more than one unit per quarter/quarter. 10.27 Sec. 12. [REPEALER.] 10.28 Minnesota Statutes 2002, section 103B.205, subdivisions 6, 10.29 7, and 10 are repealed. 10.30 Sec. 13. [EFFECTIVE DATE.] 10.31 This article is effective the day after its final enactment.