Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 536-S.F.No. 2499 
           An act relating to economic development; authorizing 
          the establishment of the Mille Lacs preservation and 
          development board; proposing coding for new law in 
          Minnesota Statutes, chapter 103F. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [103F.806] [APPLICATION.] 
    Sections 1 to 6 apply to the area of the counties of Mille 
Lacs, Crow Wing, and Aitkin located within one mile of Mille 
Lacs Lake.  Sections 1 to 6 do not alter or expand the zoning 
jurisdiction of the counties within the exterior boundaries of 
the Mille Lacs Indian reservation.  
    Sec. 2.  [103F.807] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 1 to 6.  
    Subd. 2.  [BOARD.] "Board" means the Mille Lacs 
preservation and development board.  
    Subd. 3.  [COMPREHENSIVE LAND USE PLAN; PLAN.] 
"Comprehensive land use plan" or "plan" means the Mille Lacs 
Lake comprehensive land use plan.  
    Subd. 4.  [COUNTIES.] "Counties" means the counties of 
Mille Lacs, Crow, Wing, and Aitkin.  
    Sec. 3.  [103F.808] [MILLE LACS PRESERVATION AND 
DEVELOPMENT BOARD.] 
    Subdivision 1.  [AUTHORIZATION.] The governing bodies of 
the counties of Mille Lacs, Crow Wing, and Aitkin may establish 
the Mille Lacs preservation and development board.  
    Subd. 2.  [MEMBERSHIP.] The board shall consist of six 
members.  The governing body of each county shall appoint two of 
its members to serve on the board.  The membership terms are two 
years beginning on the first Monday in January of odd-numbered 
years.  Vacancies on the board must be filled for the remainder 
of the term by the governing body that made the original 
appointment.  
    Subd. 3.  [OFFICERS.] The board shall annually appoint from 
among its members a chair, vice-chair, and secretary-treasurer.  
    Subd. 4.  [STAFF AND CONTRACTS.] The board may employ staff 
and contract for goods and services necessary to carry out its 
duties.  
    Subd. 5.  [FUNDING.] The board shall submit an annual 
budget to each county.  The budget must include a detailed 
written estimate of the amount of money that the board expects 
to need to prepare and implement the comprehensive land use plan 
and to carry out its other duties.  Each county shall, upon 
approval of the budget by its governing body, furnish the 
necessary amount of money to the board.  The board may apply 
for, receive, and disburse federal, state, and other grants and 
donations. 
    Subd. 6.  [ADVISORY COMMITTEE.] The board shall appoint an 
advisory committee to advise and assist the board in carrying 
out its duties.  Members of the committee must include 
representatives of other local government units, owners of 
businesses, and owners of property located within the board's 
jurisdiction.  
    Subd. 7.  [CONTACT WITH GOVERNMENT AGENCIES.] The board 
shall initiate and maintain contacts with governmental agencies 
as necessary to properly prepare the plan and shall negotiate 
cooperative management agreements with the United States Forest 
Service and Bureau of Land Management and the state department 
of natural resources.  The board and Mille Lacs, Crow Wing, and 
Aitkin counties shall initiate and maintain contacts with the 
governing body of the Mille Lacs Indian Reservation and shall 
negotiate a cooperative management and jurisdiction agreement 
with the reservation governing body. 
    Sec. 4.  [103F.809] [MILLE LACS LAKE COMPREHENSIVE LAND USE 
PLAN.] 
    Subdivision 1.  [PREPARATION.] The board shall prepare the 
Mille Lacs Lake comprehensive land use plan.  The standards 
specified in the plan must provide for the protection, 
enhancement, and coordinated development of the area surrounding 
Mille Lacs Lake.  
    Subd. 2.  [ADOPTION.] The board may adopt the plan after a 
public hearing has been held on the question.  Notice of the 
hearing must include the time and place of the hearing.  Notice 
of the hearing must be given by publication in at least two 
issues of the official newspaper of each county.  The two 
publications must be two weeks apart and the hearing must be 
held at least three days after the last publication.  
    Subd. 3.  [AMENDMENTS.] The board may amend the plan after 
a hearing and notice as provided in subdivision 2.  
    Subd. 4.  [IMPLEMENTATION.] The plan is effective and may 
be implemented in each county only after the governing body of 
each county has approved the plan by resolution.  The counties 
shall adopt land use ordinances consistent with the approved 
plan.  
    Sec. 5.  [103F.810] [RESPONSIBILITIES OF OTHER GOVERNMENT 
UNITS.] 
    All local government units, districts, councils, 
commissions, and boards and state agencies and departments shall 
exercise their powers in conformance with sections 1 to 6 and 
the plan.  
    Sec. 6.  [103F.811] [REVIEW AND CERTIFICATION OF LAND USE 
ACTIONS.] 
    Subdivision 1.  [PROCEDURE.] 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.  
    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 land use plan.  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.  
    Subd. 3.  [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 county at least 15 days before the hearing or 
meetings to consider the actions.  The county shall notify the 
board of its final decision on the proposed action within ten 
days of the decision.  Within 30 days after the board receives 
the notice, the board shall notify the county and the applicant 
of its approval or disapproval of the proposed action. 
    Subd. 4.  [DISAPPROVAL OF ACTIONS.] (a) If a notice of 
disapproval is issued by the board, the county 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.  
    Sec. 7.  [EFFECTIVE DATE.] 
    Sections 1 to 6 are effective on the day after compliance 
with Minnesota Statutes, section 645.021, subdivision 3, by the 
governing bodies of the counties of Mille Lacs, Crow Wing, and 
Aitkin. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 27, 1992, 1:55 p.m.