Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes