Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 176-H.F.No. 833 
                  An act relating to local government; modifying certain 
                  provisions relating to comprehensive municipal 
                  planning in the metropolitan area; amending Minnesota 
                  Statutes 1994, sections 103B.235, subdivisions 3, 5, 
                  and by adding a subdivision; 462.355, by adding a 
                  subdivision; 473.858, subdivision 1; 473.859, 
                  subdivisions 1, 2, and 5; 473.864, subdivision 2; and 
                  473.867, by adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 103B.235, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REVIEW.] After consideration but before adoption 
        by the governing body, each local unit shall submit its water 
        management plan to the watershed management organization for 
        review for consistency with the watershed plan adopted pursuant 
        to section 103B.231.  The organization shall approve or 
        disapprove the local plan or parts of the plan.  The 
        organization shall have 60 days to complete its review; 
        provided, however, that the watershed management organization 
        shall, as part of its review, take into account the comments 
        submitted to it by the metropolitan council pursuant to 
        subdivision 3a.  If the organization fails to complete its 
        review within the prescribed period, the local plan shall be 
        deemed approved unless an extension is agreed to by the local 
        unit.  
           Sec. 2.  Minnesota Statutes 1994, section 103B.235, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [REVIEW BY METROPOLITAN COUNCIL.] Concurrently 
        with its submission of its local water management plan to the 
        watershed management organization as provided in subdivision 3, 
        each local unit of government shall submit its water management 
        plan to the metropolitan council for review and comment by the 
        council.  The council shall have 45 days to review and comment 
        upon the local plan or parts of the plan with respect to 
        consistency with the council's comprehensive development guide 
        for the metropolitan area.  The council's 45-day review period 
        shall run concurrently with the 60-day review period by the 
        watershed management organization provided in subdivision 3.  
        The metropolitan council shall submit its comments to the 
        watershed management organization and shall send a copy of its 
        comments to the local government unit.  If the metropolitan 
        council fails to complete its review and make comments to the 
        watershed management organization within the 45-day period, the 
        watershed management organization shall complete its review as 
        provided in subdivision 3. 
           Sec. 3.  Minnesota Statutes 1994, section 103B.235, 
        subdivision 5, is amended to read: 
           Subd. 5.  [AMENDMENTS.] To the extent and in the manner 
        required by the organization, all amendments to local water 
        management plans shall be submitted to the organization for 
        review and approval in accordance with the provisions of 
        subdivision subdivisions 3 and 3a for the review of plans.  
           Sec. 4.  Minnesota Statutes 1994, section 462.355, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [PLAN UPDATE BY METROPOLITAN MUNICIPALITIES.] 
        Each municipality in the metropolitan area, as defined in 
        section 473.121, subdivision 2, shall review and update its 
        comprehensive plan and fiscal devices and official controls as 
        provided in section 473.864, subdivision 2. 
           Sec. 5.  Minnesota Statutes 1994, section 473.858, 
        subdivision 1, is amended to read: 
           Subdivision 1.  Within three years following the receipt of 
        the metropolitan system statement, every local governmental unit 
        shall have prepared a comprehensive plan in accordance with 
        sections 462.355, subdivision 4, 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, subdivision 4, 
        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 supersedes the 
        plan. 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.  After August 1, 1995, 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. 
           Sec. 6.  Minnesota Statutes 1994, section 473.859, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONTENTS.] The comprehensive plan shall 
        contain objectives, policies, standards and programs to guide 
        public and private land use, development, redevelopment and 
        preservation for all lands and waters within the jurisdiction of 
        the local governmental unit through 1990 and may extend through 
        any year thereafter which is evenly divisible by five.  Each 
        plan shall specify expected industrial and commercial 
        development, planned population distribution, and local public 
        facility capacities upon which the plan is based.  Each plan 
        shall contain a discussion of the use of the public facilities 
        specified in the metropolitan system statement and the effect of 
        the plan on adjacent local governmental units and affected 
        school districts.  Existing plans and official controls may be 
        used in whole or in part following modification, as necessary, 
        to satisfy the requirements of sections 462.355, subdivision 4, 
        473.175, and 473.851 to 473.871.  Each plan may contain an 
        intergovernmental coordination element that describes how its 
        planned land uses and urban services affect other communities, 
        adjacent local government units, the region, and the state, and 
        that includes guidelines for joint planning and decision making 
        with other communities, school districts, and other 
        jurisdictions for siting public schools, building public 
        facilities, and sharing public services. 
           Each plan may contain an economic development element that 
        identifies types of mixed use development, expansion facilities 
        for businesses, and methods for developing a balanced and stable 
        economic base.  
           The comprehensive plan may contain any additional matter 
        which may be included in a comprehensive plan of the local 
        governmental unit pursuant to the applicable planning statute. 
           Sec. 7.  Minnesota Statutes 1994, section 473.859, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LAND USE PLAN.] A land use plan shall include 
        the water management plan required by section 103B.235, and 
        shall designate the existing and proposed location, intensity 
        and extent of use of land and water, including lakes, wetlands, 
        rivers, streams, natural drainage courses, and adjoining land 
        areas that affect water natural resources, for agricultural, 
        residential, commercial, industrial and other public and private 
        purposes, or any combination of such purposes.  A land use plan 
        shall contain a protection element, as appropriate, for historic 
        sites, the matters listed in the water management plan required 
        by section 103B.235, and the matters listed in section 473.204, 
        and an element for protection and development of access to 
        direct sunlight for solar energy systems.  A land use plan shall 
        also include a housing element containing standards, plans and 
        programs for providing adequate housing opportunities to meet 
        existing and projected local and regional housing needs, 
        including but not limited to the use of official controls and 
        land use planning to promote the availability of land for the 
        development of low and moderate income housing. 
           Sec. 8.  Minnesota Statutes 1994, section 473.859, 
        subdivision 5, is amended to read: 
           Subd. 5.  [URBANIZATION AND REDEVELOPMENT AREAS.] The 
        comprehensive plans may designate, when appropriate, five year 
        urbanization areas and shall specify in the capital improvement 
        program the timing and sequence of major local public facilities 
        and in the implementation program official controls which will 
        ensure that urbanization occurs only in urbanization areas and 
        in accordance with the plan. 
           The comprehensive plans may designate, when appropriate, 
        redevelopment areas and may, as appropriate, specify in the 
        capital improvement program the timing and sequence of local 
        public facilities and in the implementation program the fiscal 
        devices or official controls that will ensure that redevelopment 
        occurs in accordance with the plan. 
           Sec. 9.  Minnesota Statutes 1994, section 473.864, 
        subdivision 2, is amended to read: 
           Subd. 2.  By December 31, 1998, and at least once every ten 
        years thereafter, each local governmental unit shall review and, 
        if necessary, amend its entire comprehensive plan and its fiscal 
        devices and official controls.  Such review and, if necessary, 
        amendment shall ensure that, as provided in section 473.865, the 
        fiscal devices and official controls of each local government 
        unit are not in conflict with its comprehensive plan.  Upon 
        completion of review and, if necessary, amendment of its 
        comprehensive plan, fiscal devices, and official controls as 
        required by this section, each local government unit shall 
        either: 
           (a) submit to the metropolitan council the entire current 
        comprehensive plan together with written certification by the 
        governing body of the local government unit that it has complied 
        with this section and that no amendments to its plan or fiscal 
        devices or official controls are necessary; or 
           (b)(1) submit the entire updated comprehensive plan and 
        amendment or amendments to its comprehensive plan necessitated 
        by its review to the metropolitan council for review; and 
           (2) submit the amendment or amendments to its fiscal 
        devices or official controls necessitated by its review to the 
        metropolitan council for information purposes as provided by 
        section 473.865. 
           Except as otherwise provided in this paragraph, local 
        governments shall consider, in preparing their updated 
        comprehensive plans, amendments to metropolitan system plans in 
        effect on December 31, 1996.  For metropolitan system plans, or 
        amendments thereto, adopted after December 31, 1996, local 
        governments shall review their comprehensive plans to determine 
        if an amendment is necessary to conform to the metropolitan 
        system plans.  If an amendment is necessary, the local 
        government shall prepare the amendment and submit it to the 
        council for review by September 30, 1999, or nine months after 
        the council transmits the metropolitan system plan amendment to 
        the local government, whichever is later. 
           The periodic review required in this subdivision shall be 
        in addition to the review required by section 473.856. 
           The metropolitan council may grant extensions to local 
        government units in order to allow local government units to 
        complete the review and, if necessary, amendment required by 
        this subdivision.  Such extensions, if granted by the 
        metropolitan council, must include a timetable and plan for 
        completion of the review and amendment. 
           Amendments to comprehensive plans of local governmental 
        units and to capital improvement programs of school districts 
        shall be prepared, submitted, and adopted in conformance with 
        guidelines adopted by the metropolitan council pursuant to 
        section 473.854. 
           Sec. 10.  Minnesota Statutes 1994, section 473.867, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [ASSISTANCE FOR PLAN UPDATES.] The council shall 
        give priority for the use of loan and grant funds available 
        under this section to local governmental units for review and 
        amendment of local comprehensive plans and fiscal devices and 
        official controls, as required by section 473.864, subdivision 
        2.  The council shall consult with affected local government 
        units to evaluate the need for technical and financial 
        assistance. 
           Sec. 11.  [REPORT TO LEGISLATURE.] 
           The council shall report to the legislature by January 15, 
        1996, on the results of its consultation with affected local 
        governmental units on the need for technical and financial 
        assistance as required under Minnesota Statutes, section 
        473.867, subdivision 6. 
           Sec. 12.  [APPLICATION.] 
           This act applies in the counties of Anoka, Carver, Dakota, 
        Hennepin, Ramsey, Scott, and Washington. 
           Presented to the governor May 15, 1995 
           Signed by the governor May 17, 1995, 1:48 p.m.