language to be deleted (2) new language
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 andthe 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 andthe counties. The boardcounties 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 boardis 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.
Official Publication of the State of Minnesota
Revisor of Statutes