Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 605-S.F.No. 881 
           An act relating to local and urban government; 
          providing for the inventory, classification, and 
          protection of aggregate deposits or resources within 
          the state; creating an advisory committee within the 
          metropolitan area; proposing new law coded in 
          Minnesota Statutes, chapter 84. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [84.94] [AGGREGATE PLANNING AND PROTECTION.] 
    Subdivision 1.  [PURPOSE.] It is the purpose of this act to 
protect aggregate resources; to promote orderly and 
environmentally sound development; to spread the burden of 
development; and to introduce aggregate resource protection into 
local comprehensive planning and land use controls.  
    Subd. 2.  [DEFINITION.] For the purpose of this act, 
"municipality" means a home rule charter or statutory city, or a 
town.  
    Subd. 3.  [IDENTIFICATION AND CLASSIFICATION.] The 
department of natural resources, with the cooperation of the 
state geological survey, departments of transportation, and 
energy, planning and development, outside of the metropolitan 
area as defined in section 473.121, shall conduct a program of 
identification and classification of potentially valuable 
publicly or privately owned aggregate lands located outside of 
urban or developed areas where aggregate mining is restricted, 
without consideration of their present land use.  The program 
shall give priority to identification and classification in 
areas of the state where urbanization or other factors are or 
may be resulting in a loss of aggregate resources to 
development.  Lands shall be classified as:  
    (1) Identified resources, being those containing 
significant aggregate deposits;  
    (2) Potential resources, being those containing potentially 
significant deposits and meriting further evaluation; or 
    (3) Subeconomic resources, being those containing no 
significant deposits.  
    As lands are classified, the information on the 
classification shall be transmitted to each of the departments 
and agencies named in this subdivision, to the planning 
authority of the appropriate county and municipality, and to the 
appropriate county engineer.  The county planning authority 
shall notify owners of land classified under this subdivision by 
publication in a newspaper of general circulation in the county 
or by mail.  
    Subd. 4.  [LOCAL ACTION.] Each planning authority of a 
county or municipality receiving information pursuant to 
subdivision 3 shall consider the protection of identified and 
important aggregate resources in their land use decisions.  
    Sec. 2.  [METROPOLITAN AREA APPLICATION.] 
    Subdivision 1.  [ADVISORY COMMITTEE.] An advisory committee 
on aggregate resources within the metropolitan area, as defined 
in section 473.121, is created.  There shall be 15 members of 
the advisory committee who shall be appointed by the 
metropolitan council after consultation with appropriate 
metropolitan interest groups.  At least two members of the 
advisory committee shall be members of municipalities that use 
aggregate resources, two members shall be from municipalities 
that produce aggregate resources, three members shall be from 
metropolitan county government, three members from the aggregate 
resource industry, the commissioner of natural resources or his 
or her designee, the commissioner of the department of 
transportation or his or her designee, and the chairman of the 
metropolitan council or his or her designee who shall be the 
chairman and shall provide administrative support to the 
advisory committee.  Members of the advisory committee shall 
serve without per diem compensation.  
    Subd. 2.  [REPORT REQUIRED.] By December 31, 1985, the 
advisory committee shall submit a report to the legislature that:
    (1) identifies whether currently available information on 
the quality, quantity, and distribution of the aggregate 
resource is adequate to allow reasoned decisions on the need to 
introduce aggregate resource protection into local comprehensive 
planning and land use controls;  
    (2) recommends a procedure for identifying the degree of 
protection desirable for the long term availability of aggregate 
resources; and 
    (3) recommends a method to protect aggregate resources for 
the long term. 
    Approved May 2, 1984