SF 266

2nd Unofficial Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government; requiring that local 
  1.3             governmental units in the metropolitan area include 
  1.4             consideration of aggregate and other natural resources 
  1.5             and certain other planning priorities in their land 
  1.6             use plan as a part of their comprehensive plan; 
  1.7             narrowing and clarifying a certain exception to a 
  1.8             required legislative approval; amending Minnesota 
  1.9             Statutes 2000, sections 103G.265, subdivision 3; 
  1.10            473.859, subdivision 2. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 103G.265, 
  1.13  subdivision 3, is amended to read: 
  1.14     Subd. 3.  [CONSUMPTIVE USE OF MORE THAN 2,000,000 GALLONS 
  1.15  PER DAY.] (a) Except as provided in paragraph (b), a water use 
  1.16  permit or a plan that requires a permit or the commissioner's 
  1.17  approval, involving a consumptive use of more than 2,000,000 
  1.18  gallons per day average in a 30-day period, may not be granted 
  1.19  or approved until:  
  1.20     (1) a determination is made by the commissioner that the 
  1.21  water remaining in the basin of origin will be adequate to meet 
  1.22  the basin's water resources needs during the specified life of 
  1.23  the consumptive use; and 
  1.24     (2) approval of the consumptive use is given by the 
  1.25  legislature. 
  1.26     (b) Legislative approval under paragraph (a), clause (2), 
  1.27  is not required for a consumptive use in excess of 2,000,000 
  1.28  gallons per day average in a 30-day period for:  
  2.1      (1) a domestic water supply, excluding industrial and 
  2.2   commercial uses of a municipal water supply; 
  2.3      (2) agricultural irrigation and processing of agricultural 
  2.4   products; 
  2.5      (3) construction and metallic mineland dewatering; 
  2.6      (4) pollution abatement or remediation; and 
  2.7      (5) fish and wildlife enhancement projects using surface 
  2.8   water sources. 
  2.9      Sec. 2.  Minnesota Statutes 2000, section 473.859, 
  2.10  subdivision 2, is amended to read: 
  2.11     Subd. 2.  [LAND USE PLAN.] A land use plan shall include 
  2.12  the water management plan required by section 103B.235, and 
  2.13  shall designate the existing and proposed location, intensity 
  2.14  and extent of use of land and water, including lakes, wetlands, 
  2.15  rivers, streams, natural drainage courses, and adjoining land 
  2.16  areas that affect water natural resources, for agricultural, 
  2.17  residential, commercial, industrial and other public and private 
  2.18  purposes, or any combination of such purposes.  A land use plan 
  2.19  shall contain a protection element, as appropriate, for historic 
  2.20  sites, the matters listed in the water management plan required 
  2.21  by section 103B.235, and an element for protection and 
  2.22  development of access to direct sunlight for solar energy 
  2.23  systems.  A land use plan shall also include a housing element 
  2.24  containing standards, plans and programs for providing adequate 
  2.25  housing opportunities to meet existing and projected local and 
  2.26  regional housing needs, including but not limited to the use of 
  2.27  official controls and land use planning to promote the 
  2.28  availability of land for the development of low and moderate 
  2.29  income housing.  A land use plan shall also include the local 
  2.30  government's goals, intentions, and priorities concerning 
  2.31  aggregate and other natural resources, transportation 
  2.32  infrastructure, land use compatibility, habitat, agricultural 
  2.33  preservation, and other planning priorities, taking into account 
  2.34  information regarding supplies and demands as provided by the 
  2.35  metropolitan council.  
  2.36     Sec. 3.  [APPLICATION.] 
  3.1      Section 1 applies only for land use plans adopted after 
  3.2   June 1, 2001, in the counties of Anoka, Carver, Dakota, 
  3.3   Hennepin, Ramsey, Scott, and Washington. 
  3.4      Sec. 4.  [SUNSET.] 
  3.5      Section 1 is effective until August 1, 2003.