SF 767

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:15am

A bill for an act
relating to metropolitan government; modifying the time period for
comprehensive plan reviews by adjacent governmental units; clarifying water
management plan requirements; amending Minnesota Statutes 2008, sections
103B.235, subdivision 3a; 473.858, subdivision 2; 473.859, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 103B.235, subdivision 3a, is amended to
read:

Subd. 3a.

Review by Metropolitan Council.

Concurrently with its submission of
its local water management plan to the watershed management organization as provided
in subdivision 3, each local unit of government shall submit its water management plan
to the Metropolitan Council for review and comment by the council. new text begin The watershed
management organization shall notify the council when the watershed management
organization receives a local water management plan or a plan amendment. new text end The council
shall have 45 days to review and comment upon the local plan or parts of the plan
with respect to consistency with the council's comprehensive development guide for
the metropolitan area. The council's 45-day review period shall run concurrently with
the 60-day review period by the watershed management organization provided in
subdivision 3. The Metropolitan Council shall submit its comments to the watershed
management organization and shall send a copy of its comments to the local government
unit. If the Metropolitan Council fails to complete its review and make comments to the
watershed management organization within the 45-day period, the watershed management
organization shall complete its review as provided in subdivision 3.

Sec. 2.

Minnesota Statutes 2008, section 473.858, subdivision 2, is amended to read:

Subd. 2.

Adjacent review, comment.

Local governmental units shall submit their
proposed plans to adjacent governmental units, affected special districts lying in whole or
in part within the metropolitan area, and affected school districts for review and comment
at least deleted text begin six months deleted text end new text begin 90 days new text end prior to submission of the plan to the council and shall submit
copies to them on the submission of the plan to the council. For minor plan amendments,
the council may prescribe a shorter review and comment period, or may waive the review
and comment period if the minor plan amendments involve lands that are not contiguous
to other local governmental units.

Sec. 3.

Minnesota Statutes 2008, section 473.859, subdivision 2, is amended to read:

Subd. 2.

Land use plan.

(a) A land use plan deleted text begin shall include the water management
plan required by section 103B.235, and deleted text end shall designate the existing and proposed location,
intensity and extent of use of land and water, including lakes, wetlands, rivers, streams,
natural drainage courses, and adjoining land areas that affect water natural resources, for
agricultural, residential, commercial, industrial and other public and private purposes,
or any combination of such purposes. new text begin The land use plan shall also include a copy of
the current local water management plan required by section 103B.235. If the local
unit of government has a current local water management plan on file at the council,
the land use plan may reference that current local water management plan but must
include the executive summary from the current local water management plan. A current
local water management plan is a plan that is consistent with the most recently adopted
watershed management plan and that has been reviewed by the council and approved by
the watershed management organization as required by section 103B.235. The local unit
of government shall notify the council when the local unit of government sends its local
water management plan or plan amendments to the watershed management organization
for approval. new text end

(b) A land use plan shall contain a protection element, as appropriate, for historic
sites, the matters listed in the water management plan required by section 103B.235, and
an element for protection and development of access to direct sunlight for solar energy
systems.

(c) A land use plan shall also include a housing element containing standards, plans
and programs for providing adequate housing opportunities to meet existing and projected
local and regional housing needs, including but not limited to the use of official controls
and land use planning to promote the availability of land for the development of low
and moderate income housing.

(d) A land use plan shall also include the local government's goals, intentions, and
priorities concerning aggregate and other natural resources, transportation infrastructure,
land use compatibility, habitat, agricultural preservation, and other planning priorities,
considering information regarding supply from the Minnesota Geological Survey
Information Circular No. 46.

Sec. 4. new text begin APPLICATION.
new text end

new text begin Sections 1 to 3 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective the day following final enactment.
new text end