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Minnesota Legislature

Office of the Revisor of Statutes

HF 758

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/07/2019 04:47pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to environment; ensuring that Mississippi Headwaters Board has
certification jurisdiction over headwaters area;amending Minnesota Statutes 2018,
sections 103F.361, subdivision 2; 103F.363, subdivision 1; 103F.365, by adding
a subdivision; 103F.371; 103F.373, subdivisions 1, 3, 4.

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

Section 1.

Minnesota Statutes 2018, section 103F.361, subdivision 2, is amended to read:


Subd. 2.

Legislative intent.

It is the intent of sections 103F.361 to 103F.377 to authorize
and direct the board and deleted text beginthe countiesdeleted text endnew text begin zoning authoritiesnew text end to implement the plan for the
Mississippi headwaters area.

Sec. 2.

Minnesota Statutes 2018, section 103F.363, subdivision 1, is amended to read:


Subdivision 1.

Generally.

Sections 103F.361 to 103F.377 apply to the counties of
Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing, and Morrisonnew text begin and all other
zoning authorities
new text end.

Sec. 3.

Minnesota Statutes 2018, section 103F.365, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Zoning authority. new text end

new text begin "Zoning authority" means counties, organized townships,
local and special governmental units, joint powers boards, councils, commissions, boards,
districts, and all state agencies and departments wholly or partially within the corridor
defined by the plan, excluding statutory or home rule charter cities.
new text end

Sec. 4.

Minnesota Statutes 2018, section 103F.371, is amended to read:


103F.371 RESPONSIBILITIES OF OTHER GOVERNMENTAL UNITS.

(a) All local and special governmental units, councils, commissions, boards and districts
and all state agencies and departments must exercise their powers so as to further the purposes
of sections 103F.361 to 103F.377 and the plan. Land owned by the state, its agencies, and
political subdivisions shall be administered in accordance with the plan.new text begin The certification
procedure under section 103F.373 applies to all zoning authorities in the corridor defined
by the plan.
new text end

(b) Actions that comply with the land use ordinance are consistent with the plan. Actions
that do not comply with the ordinance may not be started until the board has been notified
and given an opportunity to review and comment on the consistency of the action with this
section.

Sec. 5.

Minnesota Statutes 2018, section 103F.373, subdivision 1, is amended to read:


Subdivision 1.

Purpose.

To deleted text beginassuredeleted text endnew text begin ensurenew text end that the plan is not nullified by unjustified
exceptions in particular cases and to promote uniformity in the treatment of applications
for exceptions, a review and certification procedure is established for the following categories
of land use actions taken by deleted text beginthe counties anddeleted text endnew text begin zoning authoritiesnew text end directly or indirectly affecting
land use within the area covered by the plan:

(1) the adoption or amendment of an ordinance regulating the use of land, including
rezoning of particular tracts of land;

(2) the granting of a variance from provisions of the land use ordinance; and

(3) the approval of a plat which is inconsistent with the land use ordinance.

Sec. 6.

Minnesota Statutes 2018, section 103F.373, subdivision 3, is amended to read:


Subd. 3.

Procedure for certification.

A copy of the notices of public hearings or, when
a hearing is not required, a copy of the application to consider an action of a type specified
in subdivision 1, clauses (1) to (3), must be forwarded to the board by the deleted text begincountydeleted text endnew text begin zoning
authority
new text end at least 15 days before the hearing or meetings to consider the actions. The deleted text begincountydeleted text end
new text begin zoning authority new text endshall notify the board of its final decision on the proposed action within
ten days of the decision. By 30 days after the board receives the notice, the board shall
notify the deleted text begincountydeleted text endnew text begin zoning authoritynew text end and the applicant of deleted text beginitsdeleted text endnew text begin the board'snew text end approval or disapproval
of the proposed action.

Sec. 7.

Minnesota Statutes 2018, section 103F.373, subdivision 4, is amended to read:


Subd. 4.

Disapproval of actions.

(a) If a notice of disapproval is issued by the board,
the deleted text begincountydeleted text endnew text begin zoning authoritynew text end or the applicant may, within 30 days of the notice, file with the
board a demand for a hearing. If a demand is not filed within the 30-day period, the
disapproval becomes final.

(b) If a demand is filed within the 30-day period, a hearing must be held within 60 days
of demand. The hearing must be preceded by two weeks' published notice. Within 30 days
after the hearing, the board must:

(1) affirm its disapproval of the proposed action; or

(2) certify approval of the proposed action.