2003 Minnesota Statutes

     473.175 Review of comprehensive plans; school capital 
  programs. 

    Subdivision 1.    For compatibility, conformity.  The 
 council shall review the comprehensive plans of local 
 governmental units and the capital improvement programs of 
 school districts, prepared and submitted pursuant to Laws 1976, 
 chapter 127, sections 1 to 23, to determine their compatibility 
 with each other and conformity with metropolitan system plans.  
 The council shall review and comment on the apparent consistency 
 of the comprehensive plans and capital improvement programs with 
 adopted plans of the council.  The council may require a local 
 governmental unit to modify any comprehensive plan or part 
 thereof if, upon the adoption of findings and a resolution, the 
 council concludes that the plan is more likely than not to have 
 a substantial impact on or contain a substantial departure from 
 metropolitan system plans.  A local unit of government may 
 challenge a council action under this subdivision by following 
 the procedures set forth in section 473.866. 

    Subd. 2.    120-day limit, hearing.  Within 120 days 
 following receipt of a capital improvement program of a school 
 district, unless a time extension is mutually agreed to, the 
 council shall return to the school district a statement 
 containing its comments.  Within 120 days following receipt of a 
 comprehensive plan of a local governmental unit, unless a time 
 extension is mutually agreed to, the council shall return to the 
 local governmental unit a statement containing its comments and, 
 by resolution, its decision, if any, to require modifications to 
 assure conformance with the metropolitan system plans. 

    No action shall be taken by any local governmental unit or 
 school district to place any such comprehensive plan, capital 
 improvement program or part thereof into effect until the 
 council has returned the statement to the unit or district and 
 until the local governmental unit has incorporated any 
 modifications in the plan required by a final decision, order, 
 or judgment made pursuant to section 473.866.  Promptly after 
 submission, the council shall notify each city, town, county, or 
 special district which may be affected by the plans or programs 
 submitted, of the general nature of the plans or programs, the 
 date of submission, and the identity of the submitting unit or 
 district. Political subdivisions contiguous to or within the 
 submitting unit or district shall be notified in all cases.  
 Within 30 days after receipt of such notice any governmental 
 unit or district so notified or the local governmental unit or 
 district submitting the plan or program may request the council 
 to conduct a hearing at which the submitting unit or district 
 and any other governmental unit or subdivision may present its 
 views.  The council may attempt to mediate and resolve 
 differences of opinion which exist among the participants in the 
 hearing with respect to the plans or programs submitted.  If 
 within 120 days, unless a time extension is mutually agreed to, 
 the council fails to complete its written statement the plans or 
 programs shall be deemed approved and may be placed into 
 effect.  Any amendment to a plan or program subsequent to the 
 council's review shall be submitted to and acted upon by the 
 council in the same manner as the original plan or program.  The 
 written statement of the council shall be filed with the plan of 
 the local government unit or the program of the school district 
 at all places where the plan or program is required by law to be 
 kept on file. 

    Subd. 3.    Enforcement to get conforming plan.  If a 
 local governmental unit fails to adopt a comprehensive plan in 
 accordance with Laws 1976, chapter 127, sections 1 to 23 or if 
 the council after a public hearing by resolution finds that a 
 plan substantially departs from metropolitan system plans and 
 that the local governmental unit has not adopted a plan with 
 modifications required pursuant to section 473.866 within nine 
 months following a final decision, order, or judgment made 
 pursuant to section 473.866, the council may commence civil 
 proceedings to enforce the provisions of Laws 1976, chapter 127, 
 sections 1 to 23 by appropriate legal action in the district 
 court where the local governmental unit is located. 

    HIST: 1975 c 13 s 19; 1976 c 127 s 14; 1977 c 347 s 68; 1993 c 
 186 s 10; 1Sp2003 c 16 s 6