HF 1134

as introduced - 94th Legislature (2025 - 2026) Posted on 03/27/2025 04:43pm

A bill for an act
relating to metropolitan government; amending Metropolitan Land Planning Act
requirements and authority; amending Minnesota Statutes 2024, sections 473.254,
subdivision 2; 473.858, subdivision 1; 473.865, subdivisions 2, 3; repealing Laws
2017, First Special Session chapter 3, article 3, section 126; Laws 2018, chapter
214, article 2, section 46.

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

Section 1.

Minnesota Statutes 2024, section 473.254, subdivision 2, is amended to read:

Subd. 2.

Affordable, life-cycle goals.

new text begin (a) new text end The council shall negotiate with each
municipality to establish affordable and life-cycle housing goals for that municipality that
are consistent with and promote the policies of the Metropolitan Council as provided in the
adopted Metropolitan Development Guide. The council shall adopt, by resolution after a
public hearing, the negotiated affordable and life-cycle housing goals for each municipality
deleted text begin by January 15, 1996, and deleted text end by January 15 deleted text begin in deleted text end each deleted text begin succeeding deleted text end year for each municipality newly
electing to participate in the program or for each municipality with which new housing
goals have been negotiated. By deleted text begin June 30, 1996, and by deleted text end June 30 deleted text begin in deleted text end each deleted text begin succeeding deleted text end year new text begin , new text end for
each municipality newly electing to participate in the program or for each municipality with
which new housing goals have been negotiated, each municipality shall identify to the
council the actions it plans to take to meet the established housing goals.

new text begin (b) Only parcels that are consistent with and promote the policies of the Metropolitan
Development Guide and are zoned for multifamily housing at the guided level of density
may qualify toward a municipality's affordable and life-cycle housing goals under this
subdivision.
new text end

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 2.

Minnesota Statutes 2024, 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 necessary, 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 necessary, 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 plan, or which permits activity in
conflict with metropolitan system plans, as defined by section 473.852, subdivision 8. 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. new text begin A fiscal device or an official control does not
conflict with a comprehensive plan if the fiscal device or official control permits all of the
uses permitted or required in the comprehensive plan at the densities permitted or required
by the comprehensive plan and prohibits all of the uses expressly prohibited by the
comprehensive plan. A fiscal device or an official control for land guided for commercial
or industrial use may be more specific than the comprehensive plan regarding the kinds of
commercial or industrial uses that are allowed in specific locations.
new text end

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 3.

Minnesota Statutes 2024, 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 or which permits
activity in conflict with metropolitan system plans. new text begin A fiscal device or an official control
does not conflict with a comprehensive plan if the fiscal device or official control permits
all of the uses permitted or required in the comprehensive plan at the densities permitted or
required by the comprehensive plan and prohibits all of the uses expressly prohibited by
the comprehensive plan. A fiscal device or an official control for land guided for commercial
or industrial use may be more specific than the comprehensive plan regarding the kinds of
commercial or industrial uses that are allowed in specific locations.
new text end

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 4.

Minnesota Statutes 2024, section 473.865, subdivision 3, is amended to read:

Subd. 3.

Amendments.

If an official control conflicts with a comprehensive plan as the
result of an amendment to the plan, the official control shall be amended by the unit within
nine months following the amendment to the plan so as to not conflict with the amended
comprehensive plan. new text begin If a development application is submitted that is not in conflict with
the comprehensive plan, the unit must process the application in accordance with section
15.99.
new text end

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 5. new text begin METROPOLITAN COUNCIL.
new text end

new text begin The Metropolitan Council must review and amend as appropriate its Metropolitan
Development Guide, policy plans, and system statements to make them consistent with the
effect of the repeal of the special laws in section 6.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Laws 2017, First Special Session chapter 3, article 3, section 126; and Laws 2018, chapter
214, article 2, section 46, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Session Laws: 25-01702

Laws 2017, First Special Session chapter 3, article 3, section 126

Sec. 126. new text begin OAK GROVE; COMPREHENSIVE PLAN. new text end

new text begin Subdivision 1. new text end

new text begin Oak Grove. new text end

new text begin Notwithstanding any law, metropolitan system plan, the 2015 system statement for the city of Oak Grove, or administrative law judge's decision to the contrary, the area of the city that was the subject of the administrative law judge's decision in OAH 5-2106-33226, dated May 10, 2016, is designated "rural residential" for the purposes of the city's comprehensive plan update. new text end

new text begin Subd. 2. new text end

new text begin Metropolitan Council. new text end

new text begin The Metropolitan Council shall conform its metropolitan development guide, system plans, and the system statement for the city of Oak Grove to accommodate the provisions in subdivision 1. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of the city of Oak Grove and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. This section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. new text end

Laws 2018, chapter 214, article 2, section 46

Sec. 46. new text begin NOWTHEN; COMPREHENSIVE PLAN. new text end

new text begin Notwithstanding any law, metropolitan system plan, or the 2015 system statement for the city of Nowthen, the Metropolitan Council shall conform its metropolitan development guide, system plans, and the system statement for the city of Nowthen to implement any changes requested by the city of Nowthen relating to the council's designation of part or all of the city for purposes of the metropolitan development guide, systems plans and statements, and the city's comprehensive plan. new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day after the governing body of the city of Nowthen and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. This section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. new text end