Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 47-S.F.No. 1841 
                  An act relating to natural resources; eliminating the 
                  Project Riverbend Board; amending Minnesota Statutes 
                  2004, sections 103F.387; 103F.389, subdivision 2; 
                  103F.391; repealing Minnesota Statutes 2004, sections 
                  103F.383, subdivisions 1, 2; 103F.385; 103F.389, 
                  subdivisions 3, 4; 103F.393. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 103F.387, is 
        amended to read: 
           103F.387 [COMPREHENSIVE PLAN.] 
           (a) The comprehensive plan known as "Project Riverbend 
        Fifth Draft, June 1981" shall be implemented by the board and 
        the counties as provided in sections 103F.383 to 103F.393.  The 
        counties shall adopt land use ordinances consistent with the 
        plan.  The standards set forth in the plan are the minimum 
        standards that may be adopted by the board and the counties.  
        The board counties may amend the comprehensive land use plan in 
        any way that does not reduce the minimum standards set forth in 
        the plan. 
           (b) The board shall develop and establish a schedule for 
        implementation and administration of the plan by the counties.  
        The schedule shall be binding on the counties subject to 
        approval by the governing bodies of the respective counties.  
           Sec. 2.  Minnesota Statutes 2004, section 103F.389, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LAND USE ACTIONS MUST BE CONSISTENT WITH PLAN.] 
        (a) Notwithstanding any contrary provision of chapter 394, an 
        action of a type specified in subdivision 1, clauses (1) to (3), 
        is not effective until the county board has reviewed the action 
        and certified that it is consistent with the comprehensive land 
        use plan of the board.  
           (b) 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), which is reviewed by the county board under 
        this section in the manner provided for review of a decision of 
        a board of adjustment under section 394.27, subdivision 9, but 
        only after the procedures prescribed under this section have 
        been completed.  
           Sec. 3.  Minnesota Statutes 2004, section 103F.391, is 
        amended to read: 
           103F.391 [RESTRICTIONS ON LAND INCORPORATED OR ANNEXED.] 
           (a) 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 all subdivision 
        platting and building permits on that land until zoning 
        regulations are adopted for the land that comply with the 
        provisions of the comprehensive land use plan of the board.  
           (b) The moratorium shall also apply to construction, 
        grading and filling, and vegetative cutting as those activities 
        are defined in the comprehensive plan.  
           (c) This section does not apply to work done pursuant to 
        lawful permits issued before the land became subject to the land 
        use planning authority of the city.  
           Sec. 4.  [REPEALER.] 
           Minnesota Statutes 2004, sections 103F.383, subdivisions 1 
        and 2; 103F.385; 103F.389, subdivisions 3 and 4; and 103F.393, 
        are repealed. 
           Presented to the governor May 6, 2005 
           Signed by the governor May 10, 2005, 7:55 a.m.