Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 476-H.F.No. 2623 
           An act relating to the Mississippi river headwaters 
          area; updating and changing provisions relating to 
          activities of the Mississippi headwaters board; 
          authorizing certain powers for the Spirit Mountain 
          recreation area authority; amending Minnesota Statutes 
          1990, sections 103F.361, subdivision 2; 103F.363, 
          subdivision 2; 103F.365, by adding a subdivision; 
          103F.367, subdivision 6; 103F.369, subdivisions 1 and 
          4; 103F.371; 103F.373, subdivisions 1 and 2; 103F.375, 
          subdivision 1; and 103F.377; Minnesota Statutes 1991 
          Supplement, section 103F.369, subdivision 2; Laws 
          1973, chapter 327, section 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, 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 the counties to implement this comprehensive the plan for 
the Mississippi headwaters area.  
    Sec. 2.  Minnesota Statutes 1990, section 103F.363, 
subdivision 2, is amended to read: 
    Subd. 2.  [LEECH LAKE INDIAN RESERVATION.] Sections 
103F.361 to 103F.377 do not alter or expand the zoning 
jurisdiction of the counties within the exterior boundaries of 
the Leech Lake Indian Reservation.  The comprehensive plan of 
the board and the county ordinances adopted pursuant to section 
103F.369, subdivision 1 4, apply only to areas within the zoning 
jurisdiction of the counties as provided by law in effect prior 
to May 20, 1981.  
    Sec. 3.  Minnesota Statutes 1990, section 103F.365, is 
amended by adding a subdivision to read: 
    Subd. 4.  [PLAN.] "Plan" means the comprehensive land use 
plan approved by the board and dated July 1, 1992. 
    Sec. 4.  Minnesota Statutes 1990, section 103F.367, 
subdivision 6, is amended to read: 
    Subd. 6.  [FUNDING.] The board shall annually submit to 
each county for its approval an estimate of the funds it will 
need from that county in the next fiscal year to prepare and 
implement the comprehensive land use plan and otherwise carry 
out the duties imposed upon it by sections 103F.361 to 
103F.377.  Each county shall, upon approval of the estimate by 
its governing body, furnish the necessary funds to the board.  
The board may apply for, receive, and disburse federal, state, 
and other grants and donations.  
    Sec. 5.  Minnesota Statutes 1990, section 103F.369, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ADOPTION OF EXISTING PLAN IMPLEMENTATION 
REQUIRED.] The comprehensive land use plan prepared by the board 
and approved by resolution adopted on February 12, 1981, is the 
comprehensive land use plan authorized by section 103F.367, 
subdivision 1, and shall be implemented by the board as provided 
in this section and section 103F.373.  
    Sec. 6.  Minnesota Statutes 1991 Supplement, section 
103F.369, subdivision 2, is amended to read: 
    Subd. 2.  [PLAN PROVIDES MINIMUM STANDARDS.] The standards 
set forth in the plan are the minimum standards which may be 
adopted by the board and by the counties for the protection and 
enhancement of the natural, scientific, historical, recreational 
and cultural values of the Mississippi River and related 
shoreland areas subject to the plan.  Except for forest 
management, fish and wildlife habitat improvement, a veterans 
cemetery that complies with subdivision 5, and open space 
recreational uses as defined in the plan, state or county lands 
within the boundaries established by the plan may not be offered 
for public sale or lease.  The board with the agreement, 
expressed by resolution adopted after public hearing, of the 
county boards of Clearwater, Hubbard, Beltrami, Cass, Itasca, 
Aitkin, Crow Wing, and Morrison counties may amend the plan in 
any way that does not reduce the minimum standards set forth in 
the plan approved on February 12, 1981.  
    Sec. 7.  Minnesota Statutes 1990, section 103F.369, 
subdivision 4, is amended to read: 
    Subd. 4.  [COUNTY LAND USE ORDINANCE MUST BE CONSISTENT 
WITH PLAN.] The counties shall adopt land use ordinances 
consistent with the comprehensive land use plan of the board.  
    Sec. 8.  Minnesota Statutes 1990, section 103F.371, is 
amended to read: 
    103F.371 [RESPONSIBILITIES OF OTHER GOVERNMENTAL UNITS.] 
    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 land use plan 
adopted by the board on February 12, 1981.  Land owned by the 
state, its agencies, and political subdivisions shall be 
administered in accordance with the land use plan adopted by the 
board on February 12, 1981.  
    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. 9.  Minnesota Statutes 1990, section 103F.373, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PURPOSE.] To assure that the comprehensive 
land use plan prepared by the board 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 the counties 
and 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. 10.  Minnesota Statutes 1990, section 103F.373, 
subdivision 2, is amended to read: 
    Subd. 2.  [CERTIFICATION.] Notwithstanding any provision of 
chapter 394 to the contrary, an action of a type specified in 
subdivision 1, clauses (1) to (3), is not effective until the 
board has reviewed the action and certified that it is 
consistent with the comprehensive plan of the board.  In 
determining consistency of ordinances and ordinance amendments, 
the provisions of the comprehensive land use plan shall be 
considered minimum standards.  An aggrieved person may appeal a 
decision of the type specified in subdivision 1, clauses (1) to 
(3), that is reviewed by the board under this section in the 
same manner as provided for review of a decision of a board of 
adjustment in section 394.27, subdivision 9, but only after the 
procedures prescribed under this section have been completed.  
    Sec. 11.  Minnesota Statutes 1990, section 103F.375, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MORATORIUM ON CERTAIN ACTIVITIES.] If land 
subject to the comprehensive land use plan of the board is 
annexed, incorporated, or otherwise subjected to the land use 
planning authority of a home rule charter or statutory city, a 
moratorium shall exist on: 
    (1) all subdivision platting and building permits on the 
land until zoning regulations are adopted for the land that 
comply with the provisions of the comprehensive plan of the 
board; and 
    (2) construction, grading and filling, and vegetative 
cutting as those activities are defined in the comprehensive 
plan.  
    Sec. 12.  Minnesota Statutes 1990, section 103F.377, is 
amended to read: 
    103F.377 [BIENNIAL REPORT.] 
    During the first year of each biennial legislative session, 
the board shall prepare and present to the appropriate policy 
committees of the legislature a report concerning the actions of 
the board in exercising the authority granted by the legislature 
under sections 103F.361 to 103F.377.  The report must include an 
assessment of the effectiveness of the board's comprehensive 
land use plan and its implementation in protecting and enhancing 
the natural, scientific, historical, recreational, and cultural 
values of the Mississippi River and related shorelands situated 
within the member counties.  
     Sec. 13.  Laws 1973, chapter 327, section 5, is amended by 
adding a subdivision to read: 
    Subd. 8.  [OUTSIDE BUSINESS ACTIVITIES.] Notwithstanding 
any contrary provision of sections 1 to 12, the authority may 
engage in business activities outside the geographic boundaries 
of the Spirit Mountain recreation area. 
    Sec. 14.  [EFFECTIVE DATE.] 
    Sections 1 to 12 are effective upon approval by the 
governing bodies of the counties of Clearwater, Hubbard, 
Beltrami, Cass, Itasca, Aitkin, Crow Wing, and Morrison, and 
compliance with Minnesota Statutes, section 645.021, subdivision 
3.  Section 13 is effective on the day after compliance with 
Minnesota Statutes, section 645.021, subdivision 3, by the 
governing body of the city of Duluth. 
    Presented to the governor April 15, 1992 
    Signed by the governor April 17, 1992, 5:30 p.m.