Minnesota Administrative Rules

5800.0020 DEFINITIONS.

Subpart 1.

Scope.

As used in this chapter, the following terms have the meanings given them.

Subp. 2.

Adjacent governmental unit.

"Adjacent governmental unit" means all local governmental units and independent commissions whose jurisdiction includes or adjoins, in whole or in part, that of the governmental unit(s) in which the proposed project is located.

Subp. 3.

Affected governmental unit, state agency, or metropolitan agency.

"Affected governmental unit," "state agency," or "metropolitan agency" means all local governmental units, independent commissions, and state or metropolitan agencies whose legal rights, duties, or privileges may be substantially affected by a proposed project.

Subp. 4.

Bad faith.

"Bad faith" means a conscious and willful decision to act in a manner intending to mislead, deceive, or distort the truth, including but not limited to making a claim which one knows to be groundless or unfounded.

Subp. 5.

Chair.

"Chair" means the chair of the Metropolitan Council.

Subp. 6.

Commercial-agricultural area.

"Commercial-agricultural area" means those lands certified by local governments as eligible for agricultural preserves under the Agricultural Preserves Act, Minnesota Statutes, sections 473H.01 to 473H.18.

Subp. 7.

Comprehensive plan or local comprehensive plan.

"Comprehensive plan" or "local comprehensive plan" means a comprehensive plan of a local governmental unit as required by the Metropolitan Land Planning Act, Minnesota Statutes, sections 473.851 to 473.871.

Subp. 8.

Comprehensive sewer plan.

"Comprehensive sewer plan" means a plan required by the Metropolitan Waste Control Commission which describes the collection, treatment, and disposal of all sanitary sewage, including the installation, operation, and maintenance of on-site sewage disposal facilities.

Subp. 9.

Independent commission, board, or agency.

"Independent commission," "board," or "agency" means governmental entities with jurisdictions lying in whole or in part within the metropolitan area, including independent or special school districts whose administrative offices were located within the metropolitan area as of April 15, 1976, but not including the metropolitan agencies.

Subp. 10.

Land Use Advisory Committee or advisory committee.

"Land Use Advisory Committee" or "advisory committee" means an advisory committee established by the Metropolitan Council pursuant to Minnesota Statutes, section 473.853.

Subp. 11.

Local governmental unit or unit.

"Local governmental unit" or "unit" means any city, town, county, school district, special district, or other political subdivision or public corporation, other than a metropolitan agency, lying in whole or part within the metropolitan area.

Subp. 12.

Mainline.

"Mainline" means those lanes of a highway that carry through traffic.

Subp. 13.

Metropolitan agency.

"Metropolitan agency" means the Metropolitan Waste Control Commission, the Regional Transit Board, the Metropolitan Transit Commission, and other agencies as the legislature may designate.

Subp. 14.

Metropolitan area.

"Metropolitan area" means the area over which the Metropolitan Council has jurisdiction, including only the counties of Anoka, Carver, Dakota excluding the city of Northfield, Hennepin excluding the city of Hanover, Ramsey, Scott excluding the city of New Prague, and Washington.

Subp. 15.

Metropolitan Council or council.

"Metropolitan Council" or "council" means the Metropolitan Council established by Minnesota Statutes, section 473.123.

Subp. 16.

Metropolitan Development Guide.

"Metropolitan Development Guide" means the comprehensive development guide prepared by the council to achieve the orderly and economic development of the metropolitan area.

Subp. 17.

Metropolitan highway.

"Metropolitan highway" means those highways identified in the Transportation Guide/Policy Plan to serve the region. They include both interstate freeways and major arterials.

Subp. 18.

Metropolitan system.

"Metropolitan system" means the regional airport, transportation, sewer, recreation open space, and solid waste facilities and plans for facilities outlined in the Metropolitan Development Guide.

Subp. 19.

Metropolitan significance review or significance review.

"Metropolitan significance review" or "significance review" means a review conducted by the Metropolitan Council according to this chapter.

Subp. 20.

Party.

"Party" means the requester, sponsor, and local governmental unit(s) in which the proposed project is located and any person whose legal rights, duties, or privileges may be substantially affected by a significance review who is admitted as a party by the significance review committee, administrative law judge, or council. The council will not be a party to a significance review except when it initiates the review.

Subp. 21.

Person.

"Person" means any individual, association, trust, partnership, joint venture, public or private corporation, metropolitan agency, local governmental unit, independent commission, state agency, government or governmental subdivision, unit, or agency other than a court of law.

Subp. 22.

Petition.

"Petition" means a document containing signatures submitted to the council according to the procedures for initiation of a significance review, which contains, at the time that the signatures are added, a description of what the petition is for, a reference to the metropolitan significance rules, and a brief summary of the reason for the petition.

Subp. 23.

Phased proposed project.

"Phased proposed project" means a proposed project which is divided into separate stages or segments, one or more of which may be of metropolitan significance.

Subp. 24.

Policy plan or guide chapter.

"Policy plan" or "guide chapter" means the Metropolitan Development Guide chapter adopted pursuant to Minnesota Statutes, section 473.145, the policy plans for metropolitan agencies adopted pursuant to Minnesota Statutes, section 473.146, the Recreation Open Space Development Guide/Policy Plan, adopted pursuant to Minnesota Statutes, section 473.147, the Solid Waste Management Development Guide/Policy Plan, adopted pursuant to Minnesota Statutes, section 473.149, and amendments to any of these plans. These plans or chapters are incorporated by reference in this chapter. They are available through the Minitex interlibrary loan system and subject to frequent change. The policy plans or guide chapters referenced in any metropolitan significance review will be those in effect at the time the review is initiated.

Subp. 25.

Proposed project.

"Proposed project" means a project or action involving the construction, installation, establishment, siting, demolition, reconstruction, or improvement of any structure or facility, or the subdivision or drilling, extraction, clearing, excavation, or other alteration of any lands or waters, planned or proposed to be undertaken, in whole or in part within the metropolitan area, by any person.

Subp. 26.

Public agency.

"Public agency" means a local governmental unit, metropolitan agency, independent commission, state agency, or any government or governmental subdivision, unit, or agency other than a court of law.

Subp. 27.

Publicly subsidized; public subsidy.

"Publicly subsidized" means a direct expenditure or in kind contribution by a state, regional, or local governmental unit to a private project (one that is not publicly financed) for any purpose for which the governmental unit is not reimbursed; or a long-term loan by a state, regional, or local governmental unit to a private project. Public subsidy is determined by how the funds are used and not by the source of the revenues provided. Public subsidy includes, but is not limited to, the purposes in items A to E.

A.

Construction of utility improvements without special assessment to the benefited properties of 20 percent or more of the total collective cost of the improvement.

B.

Acquisition of property and site development, including demolition, clearance, and relocation together with transfer of title to the property to a private party at a price below the actual costs of acquisition and development.

C.

Construction of private, on-site improvements including drainage facilities, site grading, parking, lighting, landscaping, and related improvements.

D.

Construction or payment for construction of buildings to be used by one or more private parties for commercial or industrial purposes. Construction may include parking facilities, foundations, building construction, interior furnishings, equipment, and related costs.

E.

Construction or reconstruction of a county state aid or state trunk highway improvement that is determined necessary to serve increased traffic from a major private project. Highway improvements may include roadway upgrading, bridges, overpasses, entrance and exit roadway improvements, and other improvements.

Public subsidy does not include land sold at market value but below the local governmental unit's cost of acquiring and preparing the land for sale.

Subp. 28.

Publicly financed facility.

"Publicly financed facility" means a facility where a governmental jurisdiction has an ongoing obligation to pay operating costs or debt service for the facility or the ultimate responsibility to pay off bonds should other revenue sources fail.

Subp. 29.

Requester.

"Requester" means any person requesting the initiation of a metropolitan significance review.

Subp. 30.

Review period.

"Review period" means the 90-day period for a metropolitan significance review which begins on the effective date of an order to commence a significance review and automatically terminates on the 90th day following unless a suspension or extension of the review period is authorized under part 5800.0100, subpart 1 or 5800.0140, subparts 4 and 6.

Subp. 31.

Service or serve.

"Service" or "serve" means personal service or service by first class United States mail, postage prepaid and addressed to the person or party at the last known address of the person or party. Service by mail will be complete upon the placing of the item to be served in the mail.

Subp. 32.

Sewer policy plan.

"Sewer policy plan" means a component of the local comprehensive plan which describes the areas to be sewered with public facilities and a schedule for providing service to them, existing flows and flow projections for the public sewer system, standards and conditions for the installation of private systems, and areas not suitable for public or private systems.

Subp. 33.

Sponsor.

"Sponsor" means any person proposing to undertake or develop a proposed project.

Subp. 34.

State agency.

"State agency" means the state of Minnesota or any agency, board, commission, department, or educational institution of the state.

Subp. 35.

Substantial.

"Substantial" is a relative term. It imports a considerable amount or value in opposition to that which is inconsequential or small, something serious as opposed to trivial, something essential, material, or fundamental.

Statutory Authority:

MS s 473.173

History:

13 SR 2366; 17 SR 1279

Published Electronically:

October 3, 2013