SF 698

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

  1.1                          A bill for an act
  1.2             relating to land use planning; clarifying 
  1.3             determination of benefit for assessments on land 
  1.4             subject to a conservation easement; amending 
  1.5             provisions governing the relationship of zoning and 
  1.6             planning; establishing criteria for metropolitan 
  1.7             council land use decisions; amending provisions 
  1.8             relating to metropolitan agricultural preserves; 
  1.9             amending Minnesota Statutes 1994, sections 462.357, 
  1.10            subdivision 2; 473.858, subdivision 1; and 473H.15, 
  1.11            subdivisions 1 and 9; proposing coding for new law in 
  1.12            Minnesota Statutes, chapters 84C; 429; and 473. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [84C.06] [PROPERTY VALUATION; ASSESSMENTS.] 
  1.15     In determining the value of land subject to a conservation 
  1.16  easement for property tax purposes, or the amount of an 
  1.17  assessment on land subject to a conservation easement, the 
  1.18  government body shall follow section 273.117 or 429.053. 
  1.19     Sec. 2.  [429.053] [CONSERVATION EASEMENTS.] 
  1.20     A government body shall consider the effect of a 
  1.21  conservation easement in establishing the amount of benefit, if 
  1.22  any, the land has received or will receive from the public 
  1.23  improvement for which the government body is determining the 
  1.24  amount of assessment. 
  1.25     Sec. 3.  Minnesota Statutes 1994, section 462.357, 
  1.26  subdivision 2, is amended to read: 
  1.27     Subd. 2.  [GENERAL REQUIREMENTS.] At any time after the 
  1.28  adoption of a land use plan for the municipality, the planning 
  1.29  agency, for the purpose of carrying out the policies and goals 
  2.1   of the land use plan, may prepare a proposed zoning ordinance 
  2.2   and submit it to the governing body with its recommendations for 
  2.3   adoption.  Subject to the requirements of subdivisions 3, 4 and 
  2.4   5, the governing body may adopt and amend a zoning ordinance by 
  2.5   a two-thirds vote of all its members.  If the comprehensive 
  2.6   municipal plan is in conflict with the zoning ordinance, the 
  2.7   zoning ordinance supersedes the plan. 
  2.8      Sec. 4.  Minnesota Statutes 1994, section 473.858, 
  2.9   subdivision 1, is amended to read: 
  2.10     Subdivision 1.  Within three years following the receipt of 
  2.11  the metropolitan system statement, every local governmental unit 
  2.12  shall have prepared a comprehensive plan in accordance with 
  2.13  sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871 
  2.14  and the applicable planning statute and shall have submitted the 
  2.15  plan to the metropolitan council for review pursuant to section 
  2.16  473.175.  The provisions of sections 462.355, subdivision 4, 
  2.17  473.175, and 473.851 to 473.871 shall supersede the provisions 
  2.18  of the applicable planning statute wherever a conflict may 
  2.19  exist.  If the comprehensive municipal plan is in conflict with 
  2.20  the zoning ordinance, the zoning ordinance supersedes the plan. 
  2.21     Sec. 5.  [473.89] [METROPOLITAN LAND USE PLANNING 1995.] 
  2.22     Subdivision 1.  [METROPOLITAN URBAN SERVICE AREA; 
  2.23  DESIGNATION.] The council shall designate the area within the 
  2.24  metropolitan area that is served by the metropolitan disposal 
  2.25  system, as of the effective date of this section, as the 
  2.26  "metropolitan urban service area."  The council shall maintain a 
  2.27  current, official map and description of the metropolitan urban 
  2.28  service area that will include any extensions to it permitted 
  2.29  under this section. 
  2.30     Subd. 2.  [METROPOLITAN URBAN SERVICE AREA; 
  2.31  EXTENSIONS.] The council may approve a local comprehensive plan 
  2.32  or plan amendment that would extend the metropolitan urban 
  2.33  service area only if the council determines that all of the 
  2.34  criteria required in subdivision 3 have been met.  The 
  2.35  requirements and authority for approving a local comprehensive 
  2.36  plan or plan amendment in this section are in addition to any 
  3.1   other requirements and authority of the council to review and 
  3.2   approve a local comprehensive plan or plan amendment. 
  3.3      Subd. 3.  [METROPOLITAN URBAN SERVICE AREA; CRITERIA.] The 
  3.4   council shall review a local comprehensive plan or request to 
  3.5   amend a plan to determine if the following criteria are met: 
  3.6      (a) The proposed plan or plan amendment will not have a 
  3.7   substantial impact on or contain a substantial departure from a 
  3.8   metropolitan system plan, as provided in section 473.175.  
  3.9   "Substantial impact on" and "substantial departure from" shall 
  3.10  be construed broadly and may not be limited to consideration of 
  3.11  the capacity of a system.  The council shall take into 
  3.12  consideration the policies for the metropolitan systems in the 
  3.13  council's comprehensive development guide as a whole. 
  3.14     (b) There is no land available for the proposed development 
  3.15  within the metropolitan urban service area as a whole.  The 
  3.16  council may not consider only the availability of land for 
  3.17  development in the requesting local government's jurisdiction. 
  3.18     (c) The proposed plan or plan amendment is consistent with 
  3.19  and promotes the council's policies in the comprehensive 
  3.20  development guide, adopted pursuant to section 473.145, 
  3.21  including those policies relating to affordable housing and 
  3.22  development density, water supply and quality, and preservation 
  3.23  of agricultural land, and the plans or guidelines adopted by the 
  3.24  council to implement the policies. 
  3.25     (d) The council's population projections support the need 
  3.26  for the proposed plan or plan amendment. 
  3.27     (e) The proposed plan or plan amendment does not include an 
  3.28  expansion of the metropolitan urban service area to accommodate 
  3.29  new kindergarten to 12th grade school facilities.  
  3.30     (f) The proposed plan or plan amendment will not result in 
  3.31  a need to expand the metropolitan urban service area for new 
  3.32  kindergarten to 12th grade facilities in the next ten years. 
  3.33     Subd. 4.  [ENFORCEMENT; CITIZEN ACTIONS.] Any person 
  3.34  residing in the state may maintain a civil action in the 
  3.35  district court in the name of the state of Minnesota against the 
  3.36  council to seek an order requiring the council to (a) implement 
  4.1   its adopted policies, or (b) require a local government to adopt 
  4.2   and implement a local comprehensive plan that is consistent with 
  4.3   the provisions of sections 462.355, subdivision 4, 473.175, 
  4.4   473.851 to 473.871, and this section, and that promotes the 
  4.5   adopted policies of the council.  A person may bring an action 
  4.6   under this subdivision in the district court in which the local 
  4.7   government unit is located.  If the person prevails, the court 
  4.8   shall award the person costs and reasonable attorneys fees. 
  4.9      Subd. 5.  [ENFORCEMENT; COUNCIL AUTHORITY.] If a local 
  4.10  government unit fails to adopt a local comprehensive plan 
  4.11  consistent with the provisions of sections 462.355, subdivision 
  4.12  4, 473.175, 473.851 to 473.871, and this section, or if the 
  4.13  council determines that a local government has failed to adopt 
  4.14  and implement the official controls necessary to implement the 
  4.15  approved local comprehensive plan and the council's adopted 
  4.16  policies and plans, the council may maintain a civil action to 
  4.17  seek enforcement of the provisions of sections 462.355, 
  4.18  subdivision 4, 473.175, 473.851 to 473.871, and this section, in 
  4.19  the district court where the local government unit is located.  
  4.20  If the council prevails, the court shall award the council costs 
  4.21  and reasonable attorneys fees. 
  4.22     Sec. 6.  Minnesota Statutes 1994, section 473H.15, 
  4.23  subdivision 1, is amended to read: 
  4.24     Subdivision 1.  Any agency of the state, any public benefit 
  4.25  corporation, any local, county or regional unit of government, 
  4.26  or any other entity possessing powers of eminent domain under 
  4.27  chapter 117, shall follow the procedures contained in this 
  4.28  section before (1) acquiring any land or easement having a gross 
  4.29  area over ten acres one acre in size within agricultural 
  4.30  preserves; or (2) advancing a grant, loan, interest subsidy or 
  4.31  other funds for the construction of dwellings, commercial or 
  4.32  industrial facilities, or water or sewer facilities that could 
  4.33  be used to serve nonfarm structures within agricultural 
  4.34  preserves.  
  4.35     Sec. 7.  Minnesota Statutes 1994, section 473H.15, 
  4.36  subdivision 9, is amended to read: 
  5.1      Subd. 9.  The environmental quality board shall be 
  5.2   empowered to suspend any eminent domain action for up to one 
  5.3   year which it determines to be contrary to the purposes of 
  5.4   sections 473H.02 to 473H.17 and for which it determines there 
  5.5   are feasible and prudent alternatives which have less negative 
  5.6   impact on the agricultural preserves.  Economic considerations 
  5.7   alone are not sufficient to justify an eminent domain action.  
  5.8      Sec. 8.  [APPLICATION.] 
  5.9      Sections 4 and 5 apply in the counties of Anoka, Carver, 
  5.10  Dakota, Hennepin, Ramsey, Scott, and Washington.