Minnesota Legislature
SF 1975
as introduced - 89th Legislature (2015 - 2016) Posted on 03/26/2015 09:03am
Current Version - as introduced
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A bill for an act
relating to the Metropolitan Council; modifying the Metropolitan Land
Planning Act to eliminate authority of the Metropolitan Council to require
local comprehensive plan amendments in response to council policies, plans,
and system statements; amending Minnesota Statutes 2014, sections 473.145;
473.175, subdivisions 1, 2; 473.851; 473.856; 473.858, subdivision 1; 473.859,
subdivisions 3, 4; 473.864, subdivision 2; 473.865, subdivision 2; 473.87;
repealing Minnesota Statutes 2014, sections 473.175, subdivision 3; 473.857;
473.864, subdivision 1; 473.866.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 473.145, is amended to read:
473.145 DEVELOPMENT GUIDE.
The Metropolitan Council shall prepare and adopt, after appropriate study and
such public hearings as may be necessary, a comprehensive development guide for the
metropolitan area. It shall consist of a compilation of policy statements, goals, standards,
programs, and maps prescribing guides for the orderly and economical development,
public and private, of the metropolitan area. The comprehensive development guide shall
recognize and encompass physical, social, or economic needs of the metropolitan area
and those future developments which will have an impact on the entire area including
but not limited to such matters as land use, new text begin zoning, new text end parks and open space land needs,
the necessity for and location of airports, highways, transit facilities, public hospitals,
libraries, schools, and other public buildings.new text begin The development guide is advisory in nature
and no local unit of government is required to comply or conform to the guide. A local
unit of government may, by a vote of the governing body, decide that some or all of the
provisions of the guide are binding on it.
new text end
Sec. 2.
Minnesota Statutes 2014, section 473.175, subdivision 1, is amended to read:
Subdivision 1.
For compatibility, conformity.
The council shall review the
comprehensive plans of local governmental units, prepared and submitted pursuant
to sections 473.851 to 473.871, 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 with adopted plans of the council.
The council may deleted text begin requiredeleted text end new text begin recommend thatnew text end a local governmental unit deleted text begin todeleted text end modify deleted text begin anydeleted text end new text begin itsnew text end
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. deleted text begin A local unit of
government may challenge a council action under this subdivision by following the
procedures set forth in section 473.866.
deleted text end
Sec. 3.
Minnesota Statutes 2014, section 473.175, subdivision 2, is amended to read:
Subd. 2.
120-day limit.
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 deleted text begin requiredeleted text end new text begin recommendnew text end modifications to assure conformance
with the metropolitan system plans.
deleted text begin
No action shall be taken by any local governmental unit to place any such
comprehensive plan or part thereof into effect until the council has returned the statement
to the unit 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.
If within 120 days, unless a time extension is mutually agreed to, the council fails to
complete its written statement the plans shall be deemed approved and may be placed into
effect. Any amendment to a plan subsequent to the council's review shall be submitted
to and acted upon by the council in the same manner as the original plan. The written
statement of the council shall be filed with the plan of the local government unit at all
places where the plan is required by law to be kept on file.
deleted text end
Sec. 4.
Minnesota Statutes 2014, 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 deleted text begin coordinateddeleted text end plans, programs
and controls by all local governmental units in order to protect the health, safety and
welfare of the residents of the metropolitan area and to ensure deleted text begin coordinated,deleted text end orderlydeleted text begin ,deleted text end
and economic development. Therefore, it is the purpose of sections 462.355, 473.175,
and 473.851 to 473.871 to (1) establish requirements and procedures to accomplish
comprehensive local planning with land use controls deleted text begin consistent withdeleted text end new text begin fornew text end planned, orderlynew text begin ,new text end
and staged development deleted text begin and the metropolitan system plansdeleted text end , and (2) to provide assistance
to local governmental units within the metropolitan area for the preparation of plans and
official controls appropriate for their areas deleted text begin and consistent with metropolitan system plansdeleted text end .
Sec. 5.
Minnesota Statutes 2014, section 473.856, is amended to read:
473.856 METROPOLITAN SYSTEM STATEMENTS; AMENDMENTS.
The council shall prepare and transmit to each affected local governmental unit a
metropolitan system statement when the council updates or revises its comprehensive
development guide for the metropolitan area in conjunction with the decennial review
required under section 473.864, subdivision 2, and when the council amends or modifies
a metropolitan system plan. The statement shall contain information relating to the unit
and appropriate surrounding territory that the council determines necessary for the unit to
consider in reviewing the unit's comprehensive plan. The statement may include:
(1) the timing, character, function, location, projected capacity, and conditions on use
for existing or planned metropolitan public facilities, as specified in metropolitan system
plans, and for state and federal public facilities to the extent known to the council; and
(2) the population, employment, and household projections which have been used by
the council as a basis for its metropolitan system plans.
Within nine months after receiving a system statement for an amendment to a
metropolitan system plan, and within three years after receiving a system statement issued
in conjunction with the decennial review required under section 473.864, subdivision 2,
each affected local governmental unit shall review its comprehensive plan to determine ifdeleted text begin
an amendment is necessary to ensure continued conformity withdeleted text end new text begin it wants to amend the
plan to take into account the amended or updated new text end metropolitan system plans. If deleted text begin andeleted text end new text begin the
local governmental unit prepares annew text end amendment deleted text begin is necessarydeleted text end , the governmental unit
shall deleted text begin prepare the amendment anddeleted text end submit it to the council for review pursuant to sections
462.355, 473.175, and 473.851 to 473.871.
Sec. 6.
Minnesota Statutes 2014, section 473.858, subdivision 1, is amended to read:
Subdivision 1.
No conflicting zoning, fiscal device, official control.
Within nine
months following the receipt of a metropolitan system statement for an amendment to a
metropolitan system plan and within three years following the receipt of a metropolitan
system statement issued in conjunction with the decennial review required under section
473.864, subdivision 2, every local governmental unit shall have reviewed and, if deleted text begin necessarydeleted text end new text begin
desirednew text end , amended its comprehensive plan in accordance with sections 462.355, 473.175,
and 473.851 to 473.871 and the applicable planning statute and shall have submitted the
plan to the Metropolitan Council for review pursuant to section 473.175. The provisions
of sections 462.355, 473.175, and 473.851 to 473.871 shall supersede the provisions of the
applicable planning statute wherever a conflict may exist. If the comprehensive municipal
plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into
conformance with the plan by local government units in conjunction with the review and, if
deleted text begin necessarydeleted text end new text begin desirednew text end , amendment of its comprehensive plan required under section 473.864,
subdivision 2. A local government unit shall not adopt any fiscal device or official control
which is in conflict with its comprehensive plan, including any amendments to the plandeleted text begin , or
which permits activity in conflict with metropolitan system plans, as defined by section
473.852, subdivision 8deleted text end . The comprehensive plan shall provide guidelines for the timing
and sequence of the adoption of official controls to ensure planned, orderly, and staged
development and redevelopment consistent with the comprehensive plan. For purposes
of this section, a fiscal device or official control shall not be considered to be in conflict
with a local government unit's comprehensive plan or to permit an activity in conflict with
metropolitan system plans if such fiscal device or official control is adopted to ensure
the planned, orderly, and staged development of urbanization or redevelopment areas
designated in the comprehensive plan pursuant to section 473.859, subdivision 5.
Sec. 7.
Minnesota Statutes 2014, section 473.859, subdivision 3, is amended to read:
Subd. 3.
Public facilities plan.
A public facilities plan shall describe the character,
location, timing, sequence, function, use and capacity of existing and future public
facilities of the local governmental unit. A public facilities plan must be in at least such
detail as may be necessary to establish existing or potential effects on or departures from
metropolitan system plans deleted text begin and to protect metropolitan system plansdeleted text end . A public facilities
plan shall contain at least the following parts:
(1) a transportation plan describing, designating and scheduling the location, extent,
function and capacity of existing and proposed local public and private transportation
services and facilities;
(2) a sewer policy plan describing, designating and scheduling the areas to be
sewered by the public system, the existing and planned capacities of the public system, the
standards and conditions under which the installation of private sewer systems will be
permitted, and to the extent practicable, the areas not suitable for public or private systems
because of public health, safety and welfare considerations;
(3) a parks and open space plan describing, designating and scheduling the existing
and proposed parks and recreation open spaces within the jurisdiction; and
(4) a water supply plan as described in section 103G.291, subdivision 3.
Sec. 8.
Minnesota Statutes 2014, section 473.859, subdivision 4, is amended to read:
Subd. 4.
Implementation program.
An implementation program shall describe
public programs, fiscal devices and other specific actions to be undertaken in stated
sequence to implement the comprehensive plan deleted text begin and ensure conformity with metropolitan
system plansdeleted text end . An implementation program must be in at least such detail as may be
necessary to establish existing or potential effects on or departures from metropolitan
system plans deleted text begin and to protect metropolitan system plansdeleted text end . An implementation program
shall contain at least the following parts:
(1) a description of official controls, addressing at least the matters of zoning,
subdivision, water supply, and private sewer systems, and a schedule for the preparation,
adoption, and administration of such controls;
(2) a capital improvement program for transportation, sewers, parks, water supply,
and open space facilities; and
(3) a housing implementation program, including official controls to implement the
housing element of the land use plan, which will provide sufficient existing and new
housing to meet the local unit's share of the metropolitan area need for low and moderate
income housing.
Sec. 9.
Minnesota Statutes 2014, section 473.864, subdivision 2, is amended to read:
Subd. 2.
Decennial review.
By December 31, 1998, and at least once every ten
years thereafter, each local governmental unit shall review and, if deleted text begin necessarydeleted text end new text begin desirednew text end ,
amend its entire comprehensive plan and its fiscal devices and official controls. Such
review and, if deleted text begin necessarydeleted text end new text begin desirednew text end , 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 deleted text begin necessarydeleted text end new text begin
desirednew text end , 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 deleted text begin that nodeleted text end new text begin whether there are new text end amendments to its plan or
fiscal devices or official controls deleted text begin are necessarydeleted text end ; or
(b)(1) submit the entire updated comprehensive plan and amendment or amendments
to its comprehensive plan deleted text begin necessitated bydeleted text end new text begin resulting from new text end its review to the Metropolitan
Council for reviewnew text begin and commentnew text end ; and
(2) submit the amendment or amendments to its fiscal devices or official controls
deleted text begin necessitated bydeleted text end new text begin resulting from new text end 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, new text begin each new text end local deleted text begin governmentsdeleted text end new text begin governmentnew text end shall review deleted text begin theirdeleted text end new text begin
itsnew text end comprehensive plans to determine if deleted text begin an amendment is necessary to conform to the
metropolitan system plansdeleted text end new text begin the local government wants to amend the plannew text end . If an amendment
is deleted text begin necessarydeleted text end new text begin desirednew text end , 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 deleted text begin and, if necessary, amendment
required by this subdivisiondeleted text end . Such extensions, if granted by the Metropolitan Council,
must include a timetable and plan for completion of the review deleted text begin and amendmentdeleted text end .
Amendments to comprehensive plans of local governmental units shall be prepared,
new text begin adopted, and new text end submitteddeleted text begin , and adopted in conformance with guidelines adopted bydeleted text end new text begin tonew text end the
Metropolitan Council pursuant to section 473.854.
Sec. 10.
Minnesota Statutes 2014, section 473.865, subdivision 2, is amended to read:
Subd. 2.
No conflict with plans.
A local governmental unit shall not adopt any
official control or fiscal device which is in conflict with its comprehensive plan deleted text begin or which
permits activity in conflict with metropolitan system plansdeleted text end .
Sec. 11.
Minnesota Statutes 2014, section 473.87, is amended to read:
473.87 LEVY FOR INCREASED COSTS.
The increased costs to a municipality of implementing sections 473.175; 473.858,
subdivisions 1 to 3; new text begin and new text end 473.859 to 473.862deleted text begin ; and 473.866deleted text end shall be deemed a levy and the
proceeds of any tax levied under this section shall be deposited in the municipal treasury
in a separate fund and expended only for the purposes authorized by this section.
Sec. 12. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2014, sections 473.175, subdivision 3; 473.857; 473.864,
subdivision 1; and 473.866,
new text end
new text begin
are repealed.
new text end
Sec. 13. new text begin APPLICATION; EFFECTIVE DATE.
new text end
new text begin
This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington. This act is effective August 1, 2015, and applies to all policies,
plans, guides, ordinances, applications, or other matters submitted to the Metropolitan
Council on or after that date.
new text end